- Latest available (Revised)
- Original (As made)
The Mona Offshore Wind Farm Order 2025
You are here:
- UK Statutory Instruments
- 2025 No. 870
- Schedules only
What Version
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Article 2
SCHEDULE 1Authorised Project
PART 1Authorised Development
1. A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 15 (generating stations) of the 2008 Act located in the Irish Sea approximately 28 kilometres from the coast of North Wales being an offshore wind generating station with an electrical output capacity of over 350 megawatts comprising—
Work No. 1:
(a)up to 96 wind turbine generators each fixed to the seabed by a foundation and further comprising (b) to (d) below;
(b)a network of subsea inter-array cables between the wind turbine generators and the offshore substation platforms including cable crossings and cable protection;
(c)up to four offshore substation platforms each fixed to the seabed by a foundation; and
(d)a network of subsea interconnector cables between the offshore substation platforms including cable crossings and cable protection;
and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising—
Work No. 2: installation of up to four subsea export cable circuits between Work No. 1 and Work No. 3 including cable crossings, cable protection, trenchless installation technique works including the creation of entry and exit pits for trenchless installation techniques; and
Work No. 1 and Work No. 2 are to be constructed seaward of MLW within the area delineated by the coordinates shown on the offshore order limits and grid coordinates plan and listed in Table 1 below—
Table 1
| Point | Latitude | Longitude |
|---|---|---|
| 1 | 53.6363894 | -4.0563946 |
| 2 | 53.7088426 | -4.0581057 |
| 3 | 53.7804251 | -4.0602816 |
| 4 | 53.7909267 | -4.0573473 |
| 5 | 53.7909295 | -4.0573466 |
| 6 | 53.8087168 | -4.0364299 |
| 7 | 53.8074112 | -3.9392126 |
| 8 | 53.7607763 | -3.8626603 |
| 9 | 53.7607757 | -3.8626596 |
| 10 | 53.7384537 | -3.8261066 |
| 11 | 53.6900718 | -3.8251539 |
| 12 | 53.6513598 | -3.8014256 |
| 13 | 53.6102634 | -3.8006428 |
| 14 | 53.6058149 | -3.8025619 |
| 15 | 53.5990397 | -3.8095467 |
| 16 | 53.5004706 | -3.9108673 |
| 17 | 53.4458974 | -3.9258328 |
| 18 | 53.3948855 | -3.8564200 |
| 19 | 53.3202913 | -3.6315393 |
| 20 | 53.3174702 | -3.6230750 |
| 21 | 53.3172236 | -3.6228565 |
| 22 | 53.3170217 | -3.6226858 |
| 23 | 53.3166065 | -3.6223822 |
| 24 | 53.3163434 | -3.6221730 |
| 25 | 53.3161162 | -3.6219683 |
| 26 | 53.3159454 | -3.6217932 |
| 27 | 53.3157848 | -3.6216136 |
| 28 | 53.3156659 | -3.6214820 |
| 29 | 53.3154218 | -3.6212236 |
| 30 | 53.3151518 | -3.6209246 |
| 31 | 53.3149476 | -3.6206903 |
| 32 | 53.3147521 | -3.6204728 |
| 33 | 53.3145857 | -3.6202996 |
| 34 | 53.3144268 | -3.6201277 |
| 35 | 53.3142529 | -3.6199200 |
| 36 | 53.3139350 | -3.6195024 |
| 37 | 53.3138102 | -3.6193355 |
| 38 | 53.3136915 | -3.6191664 |
| 39 | 53.3135622 | -3.6189612 |
| 40 | 53.3133591 | -3.6186134 |
| 41 | 53.3131893 | -3.6183491 |
| 42 | 53.3130583 | -3.6181527 |
| 43 | 53.3129250 | -3.6179448 |
| 44 | 53.3128037 | -3.6177437 |
| 45 | 53.3126452 | -3.6174833 |
| 46 | 53.3123983 | -3.6170686 |
| 47 | 53.3121812 | -3.6166814 |
| 48 | 53.3120780 | -3.6164857 |
| 49 | 53.3119761 | -3.6162768 |
| 50 | 53.3116918 | -3.6156346 |
| 51 | 53.3115208 | -3.6152303 |
| 52 | 53.3114548 | -3.6150877 |
| 53 | 53.3113173 | -3.6147851 |
| 54 | 53.3112142 | -3.6145449 |
| 55 | 53.3109171 | -3.6138218 |
| 56 | 53.3107920 | -3.6134873 |
| 57 | 53.3107231 | -3.6133155 |
| 58 | 53.3106127 | -3.6130652 |
| 59 | 53.3105041 | -3.6128024 |
| 60 | 53.3104150 | -3.6125700 |
| 61 | 53.3103362 | -3.6123451 |
| 62 | 53.3102408 | -3.6120478 |
| 63 | 53.3098547 | -3.6107794 |
| 64 | 53.3097470 | -3.6104205 |
| 65 | 53.3096519 | -3.6100938 |
| 66 | 53.3095438 | -3.6097487 |
| 67 | 53.3094225 | -3.6093382 |
| 68 | 53.3092673 | -3.6088247 |
| 69 | 53.3091485 | -3.6084308 |
| 70 | 53.3009056 | -3.6007990 |
| 71 | 53.2978812 | -3.6001184 |
| 72 | 53.2951139 | -3.5994958 |
| 73 | 53.2947715 | -3.5994188 |
| 74 | 53.2943173 | -3.5993166 |
| 75 | 53.2944853 | -3.5985201 |
| 76 | 53.2946833 | -3.5978283 |
| 77 | 53.2948832 | -3.5971335 |
| 78 | 53.2951358 | -3.5962716 |
| 79 | 53.2951395 | -3.5962593 |
| 80 | 53.2953216 | -3.5956119 |
| 81 | 53.2954391 | -3.5952306 |
| 82 | 53.2955860 | -3.5947319 |
| 83 | 53.2957309 | -3.5942482 |
| 84 | 53.2959012 | -3.5936828 |
| 85 | 53.2961029 | -3.5929881 |
| 86 | 53.2962226 | -3.5925724 |
| 87 | 53.2963764 | -3.5920274 |
| 88 | 53.2964090 | -3.5918756 |
| 89 | 53.2964643 | -3.5917066 |
| 90 | 53.2964990 | -3.5916014 |
| 91 | 53.2965179 | -3.5915315 |
| 92 | 53.2965802 | -3.5913103 |
| 93 | 53.2966543 | -3.5910069 |
| 94 | 53.2967177 | -3.5907707 |
| 95 | 53.2967662 | -3.5905714 |
| 96 | 53.2968224 | -3.5904040 |
| 97 | 53.2968478 | -3.5903194 |
| 98 | 53.2968478 | -3.5903194 |
| 99 | 53.2968718 | -3.5902266 |
| 100 | 53.2968856 | -3.5901782 |
| 101 | 53.2968971 | -3.5901291 |
| 102 | 53.2969040 | -3.5900814 |
| 103 | 53.2969098 | -3.5900516 |
| 104 | 53.2969158 | -3.5900290 |
| 105 | 53.2969460 | -3.5899014 |
| 106 | 53.2969810 | -3.5897837 |
| 107 | 53.2969817 | -3.5897811 |
| 108 | 53.2970207 | -3.5896265 |
| 109 | 53.2970496 | -3.5894821 |
| 110 | 53.2970886 | -3.5893185 |
| 111 | 53.2971104 | -3.5892169 |
| 112 | 53.2971534 | -3.5890433 |
| 113 | 53.2971715 | -3.5889644 |
| 114 | 53.2972101 | -3.5887557 |
| 115 | 53.2972287 | -3.5886544 |
| 116 | 53.2972693 | -3.5885044 |
| 117 | 53.2972917 | -3.5884444 |
| 118 | 53.2972964 | -3.5884333 |
| 119 | 53.2973001 | -3.5884260 |
| 120 | 53.2973129 | -3.5884084 |
| 121 | 53.2973751 | -3.5883252 |
| 122 | 53.2973806 | -3.5883209 |
| 123 | 53.2973832 | -3.5883156 |
| 124 | 53.2973870 | -3.5883077 |
| 125 | 53.2973944 | -3.5882959 |
| 126 | 53.2974063 | -3.5882799 |
| 127 | 53.2974218 | -3.5882639 |
| 128 | 53.2974445 | -3.5882453 |
| 129 | 53.2974699 | -3.5882267 |
| 130 | 53.2974854 | -3.5882108 |
| 131 | 53.2974927 | -3.5882035 |
| 132 | 53.2975065 | -3.5881808 |
| 133 | 53.2975148 | -3.5881638 |
| 134 | 53.2975194 | -3.5881535 |
| 135 | 53.2975289 | -3.5881193 |
| 136 | 53.2975338 | -3.5880880 |
| 137 | 53.2975344 | -3.5880415 |
| 138 | 53.2975330 | -3.5880145 |
| 139 | 53.2975297 | -3.5879873 |
| 140 | 53.2975238 | -3.5879631 |
| 141 | 53.2975168 | -3.5879448 |
| 142 | 53.2975081 | -3.5879280 |
| 143 | 53.2974984 | -3.5879126 |
| 144 | 53.2974807 | -3.5878895 |
| 145 | 53.2974710 | -3.5878771 |
| 146 | 53.2974621 | -3.5878663 |
| 147 | 53.2974319 | -3.5878396 |
| 148 | 53.2974212 | -3.5878333 |
| 149 | 53.2974096 | -3.5878268 |
| 150 | 53.2973873 | -3.5878185 |
| 151 | 53.2973183 | -3.5878024 |
| 152 | 53.2972942 | -3.5877895 |
| 153 | 53.2972584 | -3.5877732 |
| 154 | 53.2972522 | -3.5877700 |
| 155 | 53.2972441 | -3.5877682 |
| 156 | 53.2972369 | -3.5877694 |
| 157 | 53.2972260 | -3.5877735 |
| 158 | 53.2972143 | -3.5877791 |
| 159 | 53.2972061 | -3.5877863 |
| 160 | 53.2971961 | -3.5877949 |
| 161 | 53.2971869 | -3.5878066 |
| 162 | 53.2971814 | -3.5878169 |
| 163 | 53.2971758 | -3.5878302 |
| 164 | 53.2971693 | -3.5878479 |
| 165 | 53.2971615 | -3.5878971 |
| 166 | 53.2971513 | -3.5879823 |
| 167 | 53.2971438 | -3.5880796 |
| 168 | 53.2971316 | -3.5881811 |
| 169 | 53.2971159 | -3.5882826 |
| 170 | 53.2971090 | -3.5883289 |
| 171 | 53.2970983 | -3.5883885 |
| 172 | 53.2970936 | -3.5884048 |
| 173 | 53.2970878 | -3.5884346 |
| 174 | 53.2970829 | -3.5884659 |
| 175 | 53.2970643 | -3.5885808 |
| 176 | 53.2970469 | -3.5886717 |
| 177 | 53.2970220 | -3.5887833 |
| 178 | 53.2969925 | -3.5889052 |
| 179 | 53.2969643 | -3.5890017 |
| 180 | 53.2969472 | -3.5890686 |
| 181 | 53.2969395 | -3.5891058 |
| 182 | 53.2969356 | -3.5891252 |
| 183 | 53.2968895 | -3.5892810 |
| 184 | 53.2967692 | -3.5896772 |
| 185 | 53.2967530 | -3.5897396 |
| 186 | 53.2967397 | -3.5897977 |
| 187 | 53.2967264 | -3.5898467 |
| 188 | 53.2967180 | -3.5898749 |
| 189 | 53.2967059 | -3.5899075 |
| 190 | 53.2966459 | -3.5900928 |
| 191 | 53.2966157 | -3.5901997 |
| 192 | 53.2965759 | -3.5903498 |
| 193 | 53.2965531 | -3.5904435 |
| 194 | 53.2965302 | -3.5905387 |
| 195 | 53.2965074 | -3.5906323 |
| 196 | 53.2964687 | -3.5907719 |
| 197 | 53.2964658 | -3.5907838 |
| 198 | 53.2964631 | -3.5907897 |
| 199 | 53.2964584 | -3.5908001 |
| 200 | 53.2964520 | -3.5908103 |
| 201 | 53.2964310 | -3.5908366 |
| 202 | 53.2964246 | -3.5908408 |
| 203 | 53.2964147 | -3.5908450 |
| 204 | 53.2964048 | -3.5908446 |
| 205 | 53.2963985 | -3.5908429 |
| 206 | 53.2963923 | -3.5908381 |
| 207 | 53.2963006 | -3.5907717 |
| 208 | 53.2962899 | -3.5907638 |
| 209 | 53.2962846 | -3.5907591 |
| 210 | 53.2962783 | -3.5907559 |
| 211 | 53.2962595 | -3.5907507 |
| 212 | 53.2962282 | -3.5907420 |
| 213 | 53.2962210 | -3.5907402 |
| 214 | 53.2962183 | -3.5907401 |
| 215 | 53.2962112 | -3.5907354 |
| 216 | 53.2962032 | -3.5907276 |
| 217 | 53.2961979 | -3.5907214 |
| 218 | 53.2961917 | -3.5907091 |
| 219 | 53.2961892 | -3.5907000 |
| 220 | 53.2961875 | -3.5906895 |
| 221 | 53.2961859 | -3.5906759 |
| 222 | 53.2961860 | -3.5906699 |
| 223 | 53.2961869 | -3.5906654 |
| 224 | 53.2961868 | -3.5906054 |
| 225 | 53.2961871 | -3.5905859 |
| 226 | 53.2961856 | -3.5905664 |
| 227 | 53.2961805 | -3.5905392 |
| 228 | 53.2961771 | -3.5905255 |
| 229 | 53.2961642 | -3.5904845 |
| 230 | 53.2961611 | -3.5904484 |
| 231 | 53.2961612 | -3.5904364 |
| 232 | 53.2961632 | -3.5904260 |
| 233 | 53.2961660 | -3.5904156 |
| 234 | 53.2961707 | -3.5904008 |
| 235 | 53.2962016 | -3.5903104 |
| 236 | 53.2962081 | -3.5902926 |
| 237 | 53.2962148 | -3.5902583 |
| 238 | 53.2962322 | -3.5901705 |
| 239 | 53.2962323 | -3.5901615 |
| 240 | 53.2962362 | -3.5901406 |
| 241 | 53.2962400 | -3.5901257 |
| 242 | 53.2962437 | -3.5901169 |
| 243 | 53.2962887 | -3.5899085 |
| 244 | 53.2963450 | -3.5896645 |
| 245 | 53.2963583 | -3.5896095 |
| 246 | 53.2963780 | -3.5895487 |
| 247 | 53.2963817 | -3.5895398 |
| 248 | 53.2963893 | -3.5895116 |
| 249 | 53.2963932 | -3.5894907 |
| 250 | 53.2963942 | -3.5894802 |
| 251 | 53.2964857 | -3.5890260 |
| 252 | 53.2965048 | -3.5889412 |
| 253 | 53.2965212 | -3.5888577 |
| 254 | 53.2966025 | -3.5884916 |
| 255 | 53.2966121 | -3.5884425 |
| 256 | 53.2966292 | -3.5883741 |
| 257 | 53.2966597 | -3.5882447 |
| 258 | 53.2966751 | -3.5881717 |
| 259 | 53.2966980 | -3.5880660 |
| 260 | 53.2967661 | -3.5878135 |
| 261 | 53.2967944 | -3.5877125 |
| 262 | 53.2968719 | -3.5874347 |
| 263 | 53.2968852 | -3.5873812 |
| 264 | 53.2969115 | -3.5872952 |
| 265 | 53.2969722 | -3.5871248 |
| 266 | 53.2970457 | -3.5869355 |
| 267 | 53.2970856 | -3.5868410 |
| 268 | 53.2971328 | -3.5867392 |
| 269 | 53.2971385 | -3.5867199 |
| 270 | 53.2971580 | -3.5866726 |
| 271 | 53.2971737 | -3.5866431 |
| 272 | 53.2971819 | -3.5866299 |
| 273 | 53.2971939 | -3.5866124 |
| 274 | 53.2972131 | -3.5865816 |
| 275 | 53.2972251 | -3.5865580 |
| 276 | 53.2972335 | -3.5865403 |
| 277 | 53.2972409 | -3.5865226 |
| 278 | 53.2972484 | -3.5864989 |
| 279 | 53.2972578 | -3.5864707 |
| 280 | 53.2972707 | -3.5864427 |
| 281 | 53.2973411 | -3.5862922 |
| 282 | 53.2973651 | -3.5862436 |
| 283 | 53.2973697 | -3.5862363 |
| 284 | 53.2973892 | -3.5861905 |
| 285 | 53.2974095 | -3.5861507 |
| 286 | 53.2976030 | -3.5857242 |
| 287 | 53.2977169 | -3.5854778 |
| 288 | 53.2977798 | -3.5853436 |
| 289 | 53.2978197 | -3.5852491 |
| 290 | 53.2979142 | -3.5849719 |
| 291 | 53.2979816 | -3.5847674 |
| 292 | 53.2980249 | -3.5846204 |
| 293 | 53.2981495 | -3.5841058 |
| 294 | 53.2982649 | -3.5835414 |
| 295 | 53.2983919 | -3.5829128 |
| 296 | 53.2984511 | -3.5826011 |
| 297 | 53.2983809 | -3.5825314 |
| 298 | 53.2982296 | -3.5823810 |
| 299 | 53.2980783 | -3.5822306 |
| 300 | 53.2979269 | -3.5820802 |
| 301 | 53.2977756 | -3.5819298 |
| 302 | 53.2976243 | -3.5817795 |
| 303 | 53.2974729 | -3.5816291 |
| 304 | 53.2973216 | -3.5814787 |
| 305 | 53.2971703 | -3.5813283 |
| 306 | 53.2970190 | -3.5811780 |
| 307 | 53.2968676 | -3.5810276 |
| 308 | 53.2967163 | -3.5808772 |
| 309 | 53.2965650 | -3.5807268 |
| 310 | 53.2963910 | -3.5805666 |
| 311 | 53.2963167 | -3.5804982 |
| 312 | 53.2963023 | -3.5805770 |
| 313 | 53.2962446 | -3.5809049 |
| 314 | 53.2962327 | -3.5809758 |
| 315 | 53.2962145 | -3.5810685 |
| 316 | 53.2962079 | -3.5811128 |
| 317 | 53.2961973 | -3.5811623 |
| 318 | 53.2961836 | -3.5812266 |
| 319 | 53.2961624 | -3.5813297 |
| 320 | 53.2961451 | -3.5814181 |
| 321 | 53.2961328 | -3.5814841 |
| 322 | 53.2961221 | -3.5815285 |
| 323 | 53.2961115 | -3.5815641 |
| 324 | 53.2961033 | -3.5816290 |
| 325 | 53.2960916 | -3.5816871 |
| 326 | 53.2960736 | -3.5817717 |
| 327 | 53.2960480 | -3.5819004 |
| 328 | 53.2960157 | -3.5820463 |
| 329 | 53.2959960 | -3.5821480 |
| 330 | 53.2959750 | -3.5822374 |
| 331 | 53.2959596 | -3.5823070 |
| 332 | 53.2959257 | -3.5824576 |
| 333 | 53.2959178 | -3.5824942 |
| 334 | 53.2959046 | -3.5825580 |
| 335 | 53.2958959 | -3.5825999 |
| 336 | 53.2958833 | -3.5826613 |
| 337 | 53.2958799 | -3.5826775 |
| 338 | 53.2960365 | -3.5828005 |
| 339 | 53.2958156 | -3.5837876 |
| 340 | 53.2956155 | -3.5846419 |
| 341 | 53.2953778 | -3.5856567 |
| 342 | 53.2949685 | -3.5874855 |
| 343 | 53.2948628 | -3.5879703 |
| 344 | 53.2948224 | -3.5881554 |
| 345 | 53.2948297 | -3.5881558 |
| 346 | 53.2948441 | -3.5881503 |
| 347 | 53.2948532 | -3.5881416 |
| 348 | 53.2948615 | -3.5881299 |
| 349 | 53.2948670 | -3.5881181 |
| 350 | 53.2948771 | -3.5881050 |
| 351 | 53.2948853 | -3.5880978 |
| 352 | 53.2948917 | -3.5880859 |
| 353 | 53.2947896 | -3.5885969 |
| 354 | 53.2942638 | -3.5910216 |
| 355 | 53.2940019 | -3.5921177 |
| 356 | 53.2936472 | -3.5935659 |
| 357 | 53.2932443 | -3.5952629 |
| 358 | 53.2930164 | -3.5962357 |
| 359 | 53.2928812 | -3.5968008 |
| 360 | 53.2926960 | -3.5977391 |
| 361 | 53.2924567 | -3.5990235 |
| 362 | 53.2921811 | -3.6004701 |
| 363 | 53.2919421 | -3.6017305 |
| 364 | 53.2917725 | -3.6025778 |
| 365 | 53.2915742 | -3.6036236 |
| 366 | 53.2914175 | -3.6045896 |
| 367 | 53.2913275 | -3.6051024 |
| 368 | 53.2911929 | -3.6060324 |
| 369 | 53.2911274 | -3.6065581 |
| 370 | 53.2911104 | -3.6067503 |
| 371 | 53.2909433 | -3.6080974 |
| 372 | 53.2908026 | -3.6089869 |
| 373 | 53.2902925 | -3.6095516 |
| 374 | 53.2902735 | -3.6098304 |
| 375 | 53.2902385 | -3.6102520 |
| 376 | 53.2901926 | -3.6107728 |
| 377 | 53.2901223 | -3.6116693 |
| 378 | 53.2900770 | -3.6121985 |
| 379 | 53.2900765 | -3.6123255 |
| 380 | 53.2900656 | -3.6123817 |
| 381 | 53.2900515 | -3.6126342 |
| 382 | 53.2900780 | -3.6128297 |
| 383 | 53.2900662 | -3.6129593 |
| 384 | 53.2900706 | -3.6129842 |
| 385 | 53.2900606 | -3.6130146 |
| 386 | 53.2900731 | -3.6130607 |
| 387 | 53.2900665 | -3.6131071 |
| 388 | 53.2900650 | -3.6131319 |
| 389 | 53.2900745 | -3.6131789 |
| 390 | 53.2900742 | -3.6132017 |
| 391 | 53.2900616 | -3.6132489 |
| 392 | 53.2900756 | -3.6133188 |
| 393 | 53.2900530 | -3.6133607 |
| 394 | 53.2900648 | -3.6134514 |
| 395 | 53.2900550 | -3.6135195 |
| 396 | 53.2900575 | -3.6136437 |
| 397 | 53.2900480 | -3.6136860 |
| 398 | 53.2900525 | -3.6137933 |
| 399 | 53.2900487 | -3.6138567 |
| 400 | 53.2900585 | -3.6138779 |
| 401 | 53.2900428 | -3.6139398 |
| 402 | 53.2900483 | -3.6139728 |
| 403 | 53.2900373 | -3.6140369 |
| 404 | 53.2900349 | -3.6141251 |
| 405 | 53.2900413 | -3.6142702 |
| 406 | 53.2900318 | -3.6143532 |
| 407 | 53.2900381 | -3.6144130 |
| 408 | 53.2900372 | -3.6144212 |
| 409 | 53.2900254 | -3.6145197 |
| 410 | 53.2900171 | -3.6145601 |
| 411 | 53.2899965 | -3.6148551 |
| 412 | 53.2899998 | -3.6149643 |
| 413 | 53.2900015 | -3.6150984 |
| 414 | 53.2899942 | -3.6151973 |
| 415 | 53.2899866 | -3.6154114 |
| 416 | 53.2899851 | -3.6156068 |
| 417 | 53.2899938 | -3.6156667 |
| 418 | 53.2899938 | -3.6157755 |
| 419 | 53.2899898 | -3.6159216 |
| 420 | 53.2899957 | -3.6160121 |
| 421 | 53.2899934 | -3.6161371 |
| 422 | 53.2900040 | -3.6162715 |
| 423 | 53.2900020 | -3.6163369 |
| 424 | 53.2900109 | -3.6164216 |
| 425 | 53.2900076 | -3.6166269 |
| 426 | 53.2900171 | -3.6168466 |
| 427 | 53.2900328 | -3.6169126 |
| 428 | 53.2900250 | -3.6169659 |
| 429 | 53.2900216 | -3.6170392 |
| 430 | 53.2900294 | -3.6171219 |
| 431 | 53.2900262 | -3.6171803 |
| 432 | 53.2900338 | -3.6172322 |
| 433 | 53.2900545 | -3.6175903 |
| 434 | 53.2921596 | -3.6184663 |
| 435 | 53.2921658 | -3.6188445 |
| 436 | 53.2921663 | -3.6191401 |
| 437 | 53.2921656 | -3.6193276 |
| 438 | 53.2921639 | -3.6193831 |
| 439 | 53.2921687 | -3.6194253 |
| 440 | 53.2921782 | -3.6194586 |
| 441 | 53.2921895 | -3.6194861 |
| 442 | 53.2922062 | -3.6195107 |
| 443 | 53.2922375 | -3.6195209 |
| 444 | 53.2922600 | -3.6195248 |
| 445 | 53.2922832 | -3.6195331 |
| 446 | 53.2923009 | -3.6195563 |
| 447 | 53.2923062 | -3.6195655 |
| 448 | 53.2923182 | -3.6196065 |
| 449 | 53.2923219 | -3.6196651 |
| 450 | 53.2923441 | -3.6200831 |
| 451 | 53.2923673 | -3.6204921 |
| 452 | 53.2924027 | -3.6208640 |
| 453 | 53.2924034 | -3.6208790 |
| 454 | 53.2924049 | -3.6208956 |
| 455 | 53.2924091 | -3.6209212 |
| 456 | 53.2924116 | -3.6209348 |
| 457 | 53.2924132 | -3.6209469 |
| 458 | 53.2924167 | -3.6209575 |
| 459 | 53.2924211 | -3.6209652 |
| 460 | 53.2924327 | -3.6209716 |
| 461 | 53.2924435 | -3.6209706 |
| 462 | 53.2924562 | -3.6209575 |
| 463 | 53.2924722 | -3.6209116 |
| 464 | 53.2924949 | -3.6208225 |
| 465 | 53.2925091 | -3.6207720 |
| 466 | 53.2925191 | -3.6207003 |
| 467 | 53.2925217 | -3.6206389 |
| 468 | 53.2925412 | -3.6203306 |
| 469 | 53.2925605 | -3.6200973 |
| 470 | 53.2925946 | -3.6198405 |
| 471 | 53.2926295 | -3.6195867 |
| 472 | 53.2926862 | -3.6193188 |
| 473 | 53.2927399 | -3.6191363 |
| 474 | 53.2928074 | -3.6189363 |
| 475 | 53.2928573 | -3.6187686 |
| 476 | 53.2928629 | -3.6187508 |
| 477 | 53.2929082 | -3.6185950 |
| 478 | 53.2929445 | -3.6185004 |
| 479 | 53.2929484 | -3.6184825 |
| 480 | 53.2929540 | -3.6184662 |
| 481 | 53.2929623 | -3.6184515 |
| 482 | 53.2929760 | -3.6184370 |
| 483 | 53.2929850 | -3.6184314 |
| 484 | 53.2929931 | -3.6184302 |
| 485 | 53.2930003 | -3.6184320 |
| 486 | 53.2930208 | -3.6184462 |
| 487 | 53.2930515 | -3.6185014 |
| 488 | 53.2930664 | -3.6185305 |
| 489 | 53.2930723 | -3.6185577 |
| 490 | 53.2930729 | -3.6185772 |
| 491 | 53.2930718 | -3.6185967 |
| 492 | 53.2930786 | -3.6187590 |
| 493 | 53.2930932 | -3.6190656 |
| 494 | 53.2931107 | -3.6194339 |
| 495 | 53.2931668 | -3.6200032 |
| 496 | 53.2932003 | -3.6204515 |
| 497 | 53.2932180 | -3.6206068 |
| 498 | 53.2932334 | -3.6209885 |
| 499 | 53.2932364 | -3.6210336 |
| 500 | 53.2932385 | -3.6210772 |
| 501 | 53.2932410 | -3.6211628 |
| 502 | 53.2932390 | -3.6212392 |
| 503 | 53.2932260 | -3.6213348 |
| 504 | 53.2932013 | -3.6214373 |
| 505 | 53.2931729 | -3.6215368 |
| 506 | 53.2931570 | -3.6215872 |
| 507 | 53.2931336 | -3.6216538 |
| 508 | 53.2930891 | -3.6217527 |
| 509 | 53.2930189 | -3.6220246 |
| 510 | 53.2929513 | -3.6223656 |
| 511 | 53.2928740 | -3.6227618 |
| 512 | 53.2928216 | -3.6230419 |
| 513 | 53.2928016 | -3.6232557 |
| 514 | 53.2927951 | -3.6233395 |
| 515 | 53.2927936 | -3.6233814 |
| 516 | 53.2927921 | -3.6234924 |
| 517 | 53.2927933 | -3.6235360 |
| 518 | 53.2927989 | -3.6235857 |
| 519 | 53.2928116 | -3.6236462 |
| 520 | 53.2928202 | -3.6236750 |
| 521 | 53.2928306 | -3.6237024 |
| 522 | 53.2928429 | -3.6237254 |
| 523 | 53.2928535 | -3.6237408 |
| 524 | 53.2928659 | -3.6237548 |
| 525 | 53.2928801 | -3.6237673 |
| 526 | 53.2928934 | -3.6237768 |
| 527 | 53.2929158 | -3.6237822 |
| 528 | 53.2929293 | -3.6237797 |
| 529 | 53.2929538 | -3.6237641 |
| 530 | 53.2929720 | -3.6237483 |
| 531 | 53.2929939 | -3.6237281 |
| 532 | 53.2930039 | -3.6237165 |
| 533 | 53.2930140 | -3.6237034 |
| 534 | 53.2930305 | -3.6236785 |
| 535 | 53.2930425 | -3.6236564 |
| 536 | 53.2930518 | -3.6236328 |
| 537 | 53.2930611 | -3.6236076 |
| 538 | 53.2930696 | -3.6235824 |
| 539 | 53.2930809 | -3.6235423 |
| 540 | 53.2931091 | -3.6233874 |
| 541 | 53.2931328 | -3.6232322 |
| 542 | 53.2932018 | -3.6227847 |
| 543 | 53.2932641 | -3.6223670 |
| 544 | 53.2932643 | -3.6223520 |
| 545 | 53.2932665 | -3.6223221 |
| 546 | 53.2932743 | -3.6222803 |
| 547 | 53.2932827 | -3.6222551 |
| 548 | 53.2932938 | -3.6222316 |
| 549 | 53.2933104 | -3.6222052 |
| 550 | 53.2933250 | -3.6221892 |
| 551 | 53.2933404 | -3.6221763 |
| 552 | 53.2933657 | -3.6221668 |
| 553 | 53.2933918 | -3.6221663 |
| 554 | 53.2933999 | -3.6221696 |
| 555 | 53.2934088 | -3.6221714 |
| 556 | 53.2934258 | -3.6221825 |
| 557 | 53.2934453 | -3.6222013 |
| 558 | 53.2934515 | -3.6222090 |
| 559 | 53.2934646 | -3.6222320 |
| 560 | 53.2934750 | -3.6222639 |
| 561 | 53.2934808 | -3.6222957 |
| 562 | 53.2934855 | -3.6223484 |
| 563 | 53.2934857 | -3.6224654 |
| 564 | 53.2934844 | -3.6225599 |
| 565 | 53.2934742 | -3.6228476 |
| 566 | 53.2934783 | -3.6231418 |
| 567 | 53.2934796 | -3.6233129 |
| 568 | 53.2934798 | -3.6234269 |
| 569 | 53.2934761 | -3.6236984 |
| 570 | 53.2934709 | -3.6240133 |
| 571 | 53.2934641 | -3.6244481 |
| 572 | 53.2934599 | -3.6247581 |
| 573 | 53.2934556 | -3.6250705 |
| 574 | 53.2934599 | -3.6251501 |
| 575 | 53.2934737 | -3.6252602 |
| 576 | 53.2935357 | -3.6256269 |
| 577 | 53.2935692 | -3.6257992 |
| 578 | 53.2936050 | -3.6259794 |
| 579 | 53.2936418 | -3.6261158 |
| 580 | 53.2936761 | -3.6262432 |
| 581 | 53.2937052 | -3.6263448 |
| 582 | 53.2937446 | -3.6264273 |
| 583 | 53.2937962 | -3.6265283 |
| 584 | 53.2938554 | -3.6266716 |
| 585 | 53.2939274 | -3.6268602 |
| 586 | 53.2944599 | -3.6270745 |
| 587 | 53.3047542 | -3.6312196 |
| 588 | 53.3835705 | -3.8687999 |
| 589 | 53.4420863 | -3.9497544 |
| 590 | 53.5000549 | -3.9339000 |
| 591 | 53.6295993 | -4.0090005 |
Intertidal and in the County of Conwy
Work No. 3:
(a)installation of up to four subsea cable circuits between Work No. 2 and Work No. 8 from MLWS to MHWS approximately 245 metres including cable ducts and cable crossings;
(b)trenchless installation technique works; and
(c)access during construction, operation, maintenance and decommissioning;
Work No. 4: access to Work No. 3 during construction;
Work No. 5: access to Work Nos. 7 and 8 during construction;
Work No. 6: access to Work No. 8 during construction;
Work No. 7: temporary laydown area of up to 800 square metres including fencing together with access to Work No. 4 during construction;
Work No. 8:
(a)installation of up to four buried cable circuits between Work No. 3 and Work No. 9 from MHWS to the A547 approximately 142 metres including cable ducts; and
(b)trenchless installation technique works;
Work No. 9:
(a)installation of up to four buried cable circuits between Work No. 8 and Work No. 10 approximately 10 metres including cable ducts;
(b)trenchless installation technique works; and
(c)access to Work No. 10 during construction, operation, maintenance and decommissioning including works to the public highway and visibility splays;
Work No. 10:
(a)installation of up to four buried cable circuits between Work No. 9 and Work No. 11 approximately 216 metres including cable ducts;
(b)installation of up to four transition joint bays;
(c)trenchless installation technique works including the creation of entry and exit pits for trenchless installation techniques and cable trenching works;
(d)temporary construction compound of up to 30,000 square metres comprising a secondary temporary construction compound and a transition joint bay temporary construction compound;
(e)access during construction, operation, maintenance and decommissioning;
Work No. 11:
(a)installation of up to four buried cable circuits between Work No. 10 and Work No. 12 approximately 878 metres including cable ducts; and
(b)trenchless installation technique works including the creation of entry and exit pits for trenchless installation techniques and cable trenching works;
Work No. 12:
(a)installation of up to four buried cable circuits between Work No. 11 and Work No. 14 approximately 3,986 metres including cable ducts; and
(b)trenchless installation technique works including the creation of entry and exit pits for trenchless installation techniques and cable trenching works;
Work No. 12a: access to Work No. 12 during construction;
Work No. 13: primary temporary construction compound and secondary temporary construction compound and access to Work Nos. 12 and 14 during construction including works to the public highway and visibility splays;
Work No. 14:
(a)installation of up to four buried cable circuits between Work No. 12 and Work No. 15 approximately 2,700 metres including cable ducts; and
(b)trenchless installation technique works including the creation of entry and exit pits for trenchless installation techniques and cable trenching works;
Work No. 15:
(a)installation of up to four buried cable circuits between Work No. 14 and Work No. 17 approximately 2,179 metres including cable ducts; and
(b)trenchless installation technique pit works including the creation of entry and exit pits for trenchless installation techniques and cable trenching works;
Work No. 16: primary temporary construction compound and laydown area or secondary temporary construction compound and access to Work No. 15 during construction including works to the public highway and visibility splays;
In the County of Denbighshire:
Work No. 17:
(a)installation of up to four buried cable circuits between Work No. 15 and Work No. 20 approximately 1,594 metres including cable ducts; and
(b)trenchless installation technique pit works including the creation of entrance and exit pits for trenchless installation techniques and cable trenching works;
Work No. 18: primary temporary construction compound or secondary temporary construction compound and access to Work No. 17 during construction including works to the public highway and visibility splays;
Work No. 19: temporary works to the public highway including visibility splays;
Work No. 20:
(a)installation of up to four buried cable circuits between Work No. 17 and Work No. 21 approximately 2,386 metres including cable ducts; and
(b)trenchless installation technique pit works including the creation of entrance and exit pits for trenchless installation techniques and cable trenching works;
Work No. 21:
(a)installation of up to four buried cable circuits between Work No. 20 and Work No. 22 approximately 159 metres including cable ducts; and
(b)trenchless installation technique pit works including the creation of entry and exit pits for trenchless installation techniques and cable trenching works;
Work No. 22: creation of the substation platform area including:
(a)land re-profiling and creation of platform or foundations for Work No. 22a;
(b)permanent landscaping, ecological and environmental works;
(c)utilities connections;
(d)drainage works including connections to existing drainage and creation of new sustainable drainage;
(e)access during construction, operation, maintenance and decommissioning;
(f)installation of up to four buried cable circuits from Work No. 21 to Work No. 22a including cable ducts;
(g)installation of up to two buried 400 kV cable circuits from Work No. 22a to Work No. 25 including cable ducts; and
(h)trenchless installation technique pit works including the creation of entry and exit pits for trenchless installation techniques and cable trenching works;
Work No. 22a: within Work No. 22 construction of an onshore HVAC substation containing (but not limited to) switchgear and electrical equipment including power transformers, reactive compensation equipment, filters, cooling equipment, control and welfare buildings, lightning rods, access during construction, operation and maintenance and decommissioning, security fencing and security gate and other associated equipment, structures and buildings including noise-attenuation works if required;
Work No. 23:
(a)permanent landscaping, ecological and environmental works, including watercourse realignment and attenuation pond(s);
(b)the onshore substation temporary construction compound; and
(c)access during construction;
Work No. 24:
(a)temporary and permanent landscaping, ecological and environmental works, including watercourse realignment and temporary attenuation pond(s);
(b)the onshore substation temporary construction compound; and
(c)access during construction;
Work No. 25:
(a)installation of up to two buried 400 kV cable circuits between Work No. 22 and Work No. 26 including cable ducts;
(b)trenchless installation technique pit works including the creation of entry and exit pits for trenchless installation techniques and cable trenching works; and
(c)access during construction;
Work No. 26: electrical works to connect to the National Grid Substation including:
(a)works needed to connect the authorised project to the National Grid Substation that National Grid is not required, under its transmission licence, to carry out itself including (but not limited to) cabling, cable sealing ends, circuit breakers, surge arrestors, dis-connectors, transformers, busbars and busbar clamp measuring equipment, relay marshalling rooms and electrical earthing works;
(b)installation of up to two buried 400 kV cable circuits including cable ducts; and
(c)trenchless installation technique pit works including the creation of entry and exit pits for trenchless installation techniques and cable trenching works;
Work No. 27: access during construction including works to the public highway and visibility splays;
Work No. 28: temporary construction compound and laydown area for Work No. 27 of up to 7,100 square metres;
Work No. 29: creation of permanent access including utility connections and drainage;
Work No. 30: permanent access during construction, operation, maintenance and decommissioning;
Work No. 31: temporary landscaping, ecological and environmental works;
Work No. 32: permanent landscaping, ecological and environmental works;
Work No. 33: land reprofiling and permanent landscaping, ecological and environmental works;
Work No. 34: permanent landscaping, ecological and environmental works;
Work No. 35: landscaping maintenance works;
Work No. 36: permanent landscaping, ecological and environmental works;
In the Counties of Conwy and Denbighshire:
Work No. 37: hedgerow enhancement works; and
Work No. 38: permanent accesses during operation, maintenance and decommissioning;
and in connection with such Work Nos. 1 and 2 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including—
(a)scour protection around the foundations of the offshore structures;
(b)cable protection measures such as rock placement and/or concrete mattresses, with or without frond devices;
(c)dredging;
(d)the removal of material from the seabed required for the construction of Work No. 1 and the disposal of inert material of natural origin and/or dredged material within Work No. 1 produced during construction drilling, and seabed preparation for foundation works, cable installation preparation such as sandwave clearance, boulder clearance and pre-trenching;
(e)creation and use of temporary vessel laydown areas, use of cable anchors;
(f)removal of static fishing equipment;
(g)the use of extracted seabed material within gravity base foundations; and
(h)lighting;
and in connection with Work Nos. 3 to 38 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including—
(a)haul roads, ramps, watercourse and other temporary crossings, means of access and other vehicular and/or pedestrian means of access, including creation of new tracks and footpaths, and/or widening, upgrades, alterations and improvements of existing roads, tracks and footpaths;
(b)bunds, embankments, swales, landscaping, fencing and boundary treatments;
(c)provision of temporary and permanent landscaping, ecological and environmental mitigation and compensation works;
(d)spoil storage and associated control measures;
(e)jointing bays, link boxes, cable ducts, cable protection, joint protection, manholes, marker posts, underground cable markers, tiles and tape, and lighting and other works associated with laying cables and/or pulling cables through cable ducts;
(f)works for the provision of apparatus including cabling, water and electricity supply works, foul drainage provision, surface water management systems, temporary drainage during installation of cables and culverting;
(g)works to alter the position of apparatus, including mains, sewers, drains and cables (overhead and underground);
(h)works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
(i)working sites in connection with the construction of the authorised development including mobile welfare units and construction lay down areas; and
(j)works of restoration.
PART 2Ancillary Works
2. Works within the Order limits which fall within the scope of the work assessed by the environmental statement comprising –
(a)intrusive ground investigations including the making of boreholes and trial pits;
(b)temporary landing places, moorings or other means of accommodating vessels in the construction and/or maintenance of the authorised development;
(c)marking buoys, beacons, fenders and other navigational warning or ship impact protection works; and
(d)works to the benefit or protection of land, watercourses or structures affected by the authorised development.
Article 2
SCHEDULE 2Requirements
Time limits
1.—(1) Subject to sub-paragraph (2) the authorised project must commence no later than the expiration of five years beginning with the date this Order comes into force.
(2) If proceedings are begun to challenge the validity of this Order before the end of the period referred to in sub-paragraph (1) the period in sub-paragraph (1) must be taken to be extended by one year.
Offshore design parameters
2.—(1) The offshore works must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 2.
(2) The parameters in Table 2 do not allow works in relation to wind turbine generators that give rise to any materially new or materially different environmental effects to those identified in the environmental statement based upon the two assessed scenarios set out in Table 3.5 of the environmental statement.
Table 2
| Parameter | Value |
|---|---|
| Maximum number of wind turbine generators | 96 |
| Maximum height of wind turbine generators when measured from LAT to the tip of the vertical blade (metres) | 364 |
| Maximum rotor diameter of each wind turbine generator (metres) | 320 |
| Maximum rotor swept area (square metres) | 5,468,884 |
| Minimum distance from LAT to the lowest point of the rotating blade for each turbine (metres) | 34 |
| Minimum distance between wind turbine generators in a row of wind turbine generators (metres) | 1,400 |
| Minimum distance between rows of wind turbine generators (metres) | 1,400 |
| Maximum diameter of pin piles for wind turbine generators on jacket pin pile foundation (metres) | 5.5 |
| Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (metres) | 49 |
| Maximum diameter of buckets for wind turbine generators on suction bucket jackets (metres) | 18 |
| Maximum diameter of pin piles for offshore substation platform on jacket pin pile foundations (metres) | 5.5 |
| Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (metres) | 80 |
| Maximum diameter of buckets for offshore substation platforms on suction bucket jackets (metres) | 18 |
| Maximum total seabed footprint for wind turbine generators (including scour protection) (square metres) | 735,488 |
| Maximum number of offshore substation platforms | 4 |
| Maximum dimensions of offshore substation platforms (excluding towers, helipads, masts, and cranes): | |
| Height of main structure when measured from LAT (metres) | 70 |
| Length (metres) | 80 |
| Width (metres) | 60 |
| Maximum total seabed footprint area for offshore substation foundations (including scour protection) (square metres) | 24,964 |
| Maximum total length of cables within Work No. 1 (inter-array and interconnector) (kilometres) | 325 |
| Maximum total length of interconnector cables (kilometres) | 50 |
| Maximum total length of cables within Work No. 2 (export cables) (kilometres) | 360 |
| Maximum number of cable crossings (inter-array) | 67 |
| Maximum number of cable crossings (interconnector) | 10 |
| Maximum number of cable crossings (export cables) | 14 |
Aviation safety
3.—(1) The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by Air Navigation Order 2016(1) and/or determined necessary for aviation safety in consultation with the Defence Infrastructure Organisation Safeguarding and as directed by the Civil Aviation Authority. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the life of the authorised project unless otherwise agreed with the Defence Infrastructure Organisation Safeguarding.
(2) The undertaker must notify Defence Infrastructure Organisation Safeguarding and the Civil Aviation Authority, at least 14 days prior to the commencement of the offshore works, of the following—
(a)the date of the commencement of construction of the offshore works;
(b)the expected date any wind turbine generators are brought into use;
(c)the maximum height of any construction equipment to be used;
(d)the maximum heights of any wind turbine generator and offshore substation platform to be constructed; and
(e)the latitude and longitude of each wind turbine generator and offshore substation platform to be constructed.
(3) The Defence Infrastructure Organisation Safeguarding and the Civil Aviation Authority must be notified of any changes to the information supplied under sub-paragraph (2) and of the completion of the construction of the offshore works.
(4) The lights installed in accordance with sub-paragraph (1) will be operated at the lowest permissible light intensity level.
Stages of authorised project
4.—(1) No stage of the onshore works may commence until notification has been submitted to the relevant planning authority detailing whether the onshore works will be constructed:
(a)in a single stage; or
(b)in two or more stages.
(2) No stage of the onshore works may commence until details of the stages of the onshore works have been submitted to and approved in writing by the relevant planning authority.
(3) The stages of the onshore works must be implemented as approved.
Onshore Substation works
5.—(1) Construction of Work No. 22a must not commence until details of—
(a)the layout;
(b)scale;
(c)proposed finished ground levels;
(d)hard surfacing materials;
(e)the dimensions, colour and materials used for the buildings;
(f)security fencing;
(g)vehicular and pedestrian access, parking and circulation areas; and
(h)proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports,
have been submitted to and approved in writing by the relevant planning authority following consultation with NRW as appropriate.
(2) The details submitted under sub-paragraph (1) of this requirement must be in accordance with requirement 6 (detailed design parameters onshore) and substantially in accordance with the design principles.
(3) Work No. 22a must be implemented as approved.
Detailed design parameters onshore
6.—(1) The onshore works must not exceed the parameters assessed in the environmental statement and set out in sub-paragraphs (2) and (3).
(2) The maximum number of transition joint bays must not exceed four.
(3) In relation to Work No. 22a—
(a)the highest part of any building, excluding lightning rods, must not exceed 15 metres above finished ground level;
(b)the highest part of any external electrical equipment, excluding lightning rods, must not exceed 12.5 metres above finished ground level;
(c)the total area of the fenced compound (excluding its accesses) must not exceed 65,000 square metres; and
(d)the total number of lightning rods within the fenced compound area must not exceed 12 and the height of any lightning rod must not exceed 30 metres above finished ground level.
(4) Trenchless installation techniques must be used to install the cable ducts and electrical circuits where identified in the onshore crossing schedule for the purpose of passing under a relevant obstruction unless otherwise agreed by the relevant planning authority, following consultation with the relevant highway authority.
(5) For the purpose of this requirement, finished ground level must not exceed 61 metres above ordnance datum.
Provision of landscaping
7.—(1) Work No. 22a must not be commenced until a landscape plan for Work Nos. 23, 24 and 31 to 36 and associated work programme has been submitted to and approved in writing by the relevant planning authority following, where appropriate, consultation with NRW.
(2) The landscape plan must accord with the outline landscape and ecology management plan and must include details of all proposed hard and soft landscaping works including—
(a)location, number, species, size and planting density of any proposed planting including any trees;
(b)implementation timetables for all landscaping works; and
(c)proposed management for landscaping works.
(3) The landscape plan must be implemented as approved and managed in accordance with the details in the landscape and ecology management plan approved under sub-paragraph (1).
Implementation and maintenance of landscaping
8.—(1) All landscaping works must be carried out in accordance with the landscaping plan(s) approved under requirement 7 (provision of landscaping).
(2) Any tree or shrub planted as part of an approved landscaping plan that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted unless a different species is otherwise agreed in writing with the relevant planning authority.
Code of construction practice
9.—(1) No stage of the onshore works may commence until for that stage a code of construction practice has been submitted to and approved in writing by the relevant planning authority following consultation with NRW and the relevant highways authority as appropriate.
(2) The code of construction practice must accord with the outline code of construction practice and greenhouse gas reduction strategy and include, as appropriate to the relevant stage—
(a)spillage and emergency response plan (in accordance with the outline spillage and emergency response plan);
(b)dust management plan (in accordance with the outline dust management plan);
(c)construction noise and vibration management plan (in accordance with the outline construction noise and vibration management plan). The plan shall include details of an action plan containing details of the measures that would be implemented in the event of exceedance and repeated exceedances of construction noise and vibration threshold levels.
(d)construction traffic management plan (in accordance with the outline construction traffic management plan);
(e)communications plan (in accordance with the outline communications plan);
(f)construction fencing plan (in accordance with the outline construction fencing plan);
(g)construction surface water and drainage management plan (in accordance with the outline construction surface water and drainage management plan);
(h)flood management plan (in accordance with the outline flood management plan);
(i)public rights of way management strategy (in accordance with the outline public rights of way management strategy);
(j)soil management plan (in accordance with the outline soil management plan);
(k)site waste management plan (in accordance with the outline site waste management plan);
(l)artificial light emissions plan (in accordance with the outline artificial light emissions plan);
(m)biosecurity protocol (in accordance with the outline biosecurity protocol);
(n)discovery strategy for contaminated land (in accordance with the outline discovery strategy for contaminated land);
(o)arboriculture method statement (in accordance with the outline arboriculture method statement);
(p)onshore construction method statement (in accordance with the outline construction method statement); and
(q)landfall construction method statement (in accordance with the outline landfall construction method statement).
(3) Each code of construction practice must be implemented as approved.
(4) Onshore site preparation works must be carried out in accordance with the applicable details set out in the outline code of construction practice, the greenhouse gas reduction strategy and as appropriate the outline plans noted in sub-paragraphs (2)(a) – (q) inclusive.
Highway accesses
10.—(1) No new temporary or permanent means of access to a highway to be used by vehicular traffic, or any temporary or permanent alteration to an existing means of access to a highway used by vehicular traffic, may be formed until a highways access management plan for that access has been submitted to and approved in writing by the relevant planning authority in consultation with the relevant highway authority.
(2) The highways access management plan must accord with the outline highways access management plan,
(3) The highway accesses must be implemented as approved.
Onshore archaeology
11.—(1) No stage of the onshore works may commence until for that stage an onshore written scheme of investigation has been submitted to and approved in writing by the relevant planning authority.
(2) The onshore written scheme of investigation must accord with the outline onshore written scheme of investigation as appropriate for the relevant stage.
(3) The onshore written scheme of investigation must be implemented as approved.
(4) Onshore site preparation works, including those necessary to allow production of any scheme required under sub-paragraph (1) must only take place in accordance the applicable details set out in the outline onshore written scheme of investigation.
Landscape and ecology management plan
12.—(1) No stage of the onshore works may commence until for that stage a landscape and ecology management plan has, following consultation with NRW, been submitted to and approved in writing by the relevant planning authority.
(2) The landscape and ecology management plan must accord with the outline landscape and ecology management plan as appropriate for the relevant stage and must include details of an implementation timetable.
(3) The landscape and ecology management plan must be implemented as approved for the relevant stage and managed in accordance with the details in the landscape and ecology management plan approved under sub-paragraph (1).
(4) Onshore site preparation works must be carried out in accordance with the applicable details set out in the outline landscape and ecology management plan.
European protected species onshore
13.—(1) No stage of the onshore works other than surveying and investigation necessary to comply with this requirement may be undertaken until, for that stage, pre-construction survey work has been carried out to establish whether a European protected species or nationally protected species under the Wildlife and Countryside Act 1981 is present on any of the land affected, or likely to be affected, by any part of that stage of the onshore works.
(2) Where a European protected species or nationally protected species under the Wildlife and Countryside Act 1981 is shown to be present, the stage of the onshore works likely to affect the species must not commence until, after consultation with NRW, a scheme of protection and mitigation measures for that stage has been submitted to and approved in writing by the relevant planning authority or a European Protected Species licence has been granted by NRW.
(3) Each stage of the onshore works which requires a scheme of protection and mitigation measures must accord with the approved scheme as set out in sub-paragraph (2) of this requirement.
(4) In this paragraph, “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017.
(5) In this paragraph, “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981.
Construction hours
14.—(1) Except as otherwise agreed in the code of construction practice and subject to sub-paragraphs (2) to (4), construction of the onshore works and heavy goods vehicle traffic movements arriving or departing from the site of the relevant work may take place only between the hours of 0700 and 1900 from Monday to Friday and 0700 to 1300 on Saturday, with no activity on Sundays or bank holidays.
(2) Subject to paragraph (3), construction of the onshore works and heavy goods vehicle traffic movements arriving or departing from the site of the relevant work may take place outside the hours specified in sub-paragraph (1) for certain identified activities including—
(a)where continuous periods of construction are required, for works such as concrete pouring and finishing, electrical circuit pulling and jointing and testing, trenchless installation techniques, and dewatering pumps;
(b)for the delivery and unloading of abnormal loads;
(c)for the landfall works;
(d)for any other time-critical element of the onshore works;
(e)emergency works; and
(f)mobilisation activities, which may take place one hour immediately prior to and one hour immediately after the hours specified in sub-paragraph (1).
(3) Except as provided in sub-paragraph (4) and in relation to emergency works, the undertaker must notify the relevant planning authority of all construction works and activities which are to be undertaken outside the hours specified in sub-paragraph (1) by giving at least 48 hours notice in advance of those works and activities and those works and activities must not be undertaken outside the hours specified in sub-paragraph (1) until the relevant planning authority has agreed.
(4) In respect of trenchless installation techniques, where continuous 24-hour working is required and has been assessed in the environmental statement, the undertaker must notify the relevant planning authority in advance by giving at least 48 hours’ notice of such works.
(5) In the event of an emergency, notification of that emergency must be given to the relevant planning authority and the relevant highway authority as soon as reasonably practicable.
(6) For the purposes of this requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action.
(7) For the purposes of this requirement “mobilisation activities” include personnel briefings, inspections, tool-box talks, inductions, health and safety works, deliveries excluding heavy goods vehicle movements, movement to place of work, general preparation and site maintenance work but does not include operation of heavy machinery or operation of generators or flood lights.
Restoration of land used temporarily for construction
15. Any land landward of MLW which is used temporarily for construction of the onshore works and not ultimately incorporated in permanent works or approved landscaping or ecological works must be reinstated within 12 months of completion of the relevant stage of the onshore works in accordance with such details as have been submitted to and approved pursuant to Requirements 7, 9, and 12 in respect of reinstatement, unless alternative details in relation to that land are agreed in writing by the relevant planning authority.
Control of operational artificial light emissions
16.—(1) Work No. 22a must not be brought into operation until a written scheme for the management and mitigation of internal and external artificial light emissions from Work No. 22a has been submitted to and approved in writing by the relevant planning authority.
(2) The written scheme for the management and mitigation of artificial light emissions must be implemented as approved, and maintained during the lifetime of Work No. 22a.
Control of noise during operational stage
17.—(1) The noise rating level for the operational lifetime of Work No. 22a must not exceed 34db at Tan y Bryn Uchaf (301667, 372765) at a position representative of the façade, in free-field conditions, of any building authorised or lawfully occupied for residential or accommodation purposes at the date of the granting of this Order.
(2) The noise levels set out in sub-paragraph (1) are to be measured—
(a)in accordance with British Standard BS4142:2014+A1:2019, methods for rating and assessing industrial and commercial sound; and
(b)with a microphone placed 1.5 metres above the ground in free-field conditions (being at least 3.5 metres from the nearest vertical reflecting surface).
Operational drainage
18.—(1) Work No. 22 must not commence until, for that work, an operation drainage management strategy has, following consultation with NRW, been submitted to and approved in writing by the relevant planning authority.
(2) The operation drainage management strategy must accord with the outline operation drainage management strategy.
(3) The written operation drainage management strategy must be implemented as approved, prior to final commissioning of Work No. 22a, and maintained during the operational lifetime of Work No. 22a.
Skills and Employment plan
19.—(1) No stage of the authorised project may commence until, after consultation with the relevant authorities, a skills and employment plan has been submitted to and approved in writing by Denbighshire County Council on behalf of the relevant authorities.
(2) The skills and employment plan must accord with the outline skills and employment plan.
(3) The skills and employment plan must be implemented as approved.
(4) For the purposes of this requirement the “relevant authorities” are Denbighshire County Council, Conwy County Borough Council, Isle of Man Government, and the Isle of Anglesey County Council.
Offshore decommissioning
20. No offshore works may commence until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Act has been submitted to the Secretary of State for approval.
Onshore decommissioning
21.—(1) A written scheme of decommissioning for the onshore works must be submitted to and approved in writing by the relevant planning authority at least six months prior to any decommissioning works commencing.
(2) The written scheme of decommissioning for the onshore works must include a code of construction practice.
(3) The approved written scheme of decommissioning must be implemented as approved in the carrying out of any decommissioning works or relevant part of such works.
Great Dun Fell, Lowther Hill and St. Anne’s Primary Surveillance Radar
22.—(1) No part of any wind turbine generator (excluding foundations) shall be erected as part of the authorised development until a primary radar mitigation scheme agreed in advance with the operator has been submitted to and approved in writing by the Secretary of State in order to mitigate the impact of the authorised development on the primary radar of the operator located at Great Dun Fell, Lowther Hill and St. Anne’s and associated air traffic management operations.
(2) No part of any wind turbine generator (excluding foundations) shall be erected until the approved primary radar mitigation scheme has been implemented and the authorised development shall thereafter be operated fully in accordance with the approved scheme.
(3) In this requirement—
“operator” means NATS (En Route) plc, incorporated under the Companies Act 2006 (Company Number 4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hampshire PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services to the relevant managed area (within the meaning of section 40 of the Transport Act 2000); and
“primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to mitigate the impact of the development on the primary radar located at Great Dun Fell, Lowther Hill and St Annes and air traffic management operations of the operator.
Warton Aerodrome Primary Surveillance Radar
23.—(1) No part of any wind turbine generator shall be erected as part of the authorised development until a radar mitigation scheme has been submitted to and approved in writing by the Secretary of State, in consultation with the Ministry of Defence and the operator.
(2) No wind turbine generator erected as part of the authorised development shall be permitted to rotate its rotor blades about its horizontal axis other than for the purpose of testing the proposed mitigation solution identified in the approved radar mitigation scheme until the Secretary of State, following consultation with the Ministry of Defence and the operator, has confirmed in writing that he is satisfied that—
(a)the proposed mitigation solution has been subject to technical and operational assessment and, in particular, has undergone ‘in-situ’ testing in line with the requirements of (and for the time period(s) specified in) the approved radar mitigation scheme;
(b)the performance criteria required to be met by the proposed mitigation solution, as specified in the approved radar mitigation scheme, have been met; and
(c)the approved radar mitigation scheme has been implemented by the operator (the costs of which shall be the sole responsibility of the undertaker in accordance with sub-paragraph (5)(a)).
(3) The approved radar mitigation scheme must remain in place and be complied with for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator (or both).
(4) The undertaker shall be solely responsible for the costs of—
(a)implementing the approved radar mitigation scheme prior to any wind turbine generator erected as part of the authorised development being permitted to rotate its rotor blades about its horizonal axis;
(b)thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of the approved radar mitigation scheme for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator (or both); and
(c)in the event of any amendment being made to the authorised development which gives rise to new or different adverse impacts to those identified by the environmental statement on the operation of the PSR or the PSR air traffic control operations, working with the Ministry of Defence and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator (or both), together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures.
(5) For the purposes of this requirement—
“appropriate radar mitigation scheme” means the radar mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1);
“Ministry of Defence” means as represented by Defence Infrastructure Organisation – DIO Safeguarding, DIO Head Office, St George’s House, DMS Whittington, Litchfield, Staffordshire, WS14 9PY or any successor body;
“operator” means BAE Systems (Operations) Limited incorporated under the Companies Act 2006 (Company Number 01996687) whose registered office is Warwick House, PO Box 87, Farnborough Aerospace Centre, Farnborough, Hants, GU14 6YU or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services for Warton Aerodrome or any other organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome;
“PSR” means the primary surveillance radar at Warton Aerodrome or any upgrade thereto or replacement thereof;
“PSR air traffic control operations” means the air traffic control operations, including both civil and military aircraft operations, of the Ministry of Defence or the operator (or both) which are reliant upon the PSR; and
“radar mitigation scheme” means a scheme designed to prevent or remove any adverse impacts arising from the authorised development upon the operation of the PSR or the PSR air traffic control operations.
Air traffic services at Liverpool John Lennon Airport
24.—(1) No part of any wind turbine generator (excluding foundations) shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the Civil Aviation Authority, confirms in writing that either—
(a)no appropriate mitigation is required in respect of the authorised development; or
(b)appropriate mitigation is required to be implemented and maintained for the life of the authorised development.
(2) Where appropriate mitigation is required, no wind turbine generator forming part of the authorised development is permitted to rotate its blades on its horizontal axis until the appropriate mitigation has been approved by the Secretary of State, having consulted with the operator and the Civil Aviation Authority, and implemented.
(3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the life of the authorised development.
(4) For the purposes of this requirement—
“appropriate mitigation” means measures agreed with the Civil Aviation Authority and the operator to prevent or remove any adverse impacts which the operation of the authorised development will have on the operator’s ability to provide safe and efficient air traffic services for Liverpool John Lennon Airport during the life of the authorised development;
“approved mitigation” means the appropriate mitigation approved by the Secretary of State in accordance with sub-paragraph (2); and
“operator” means Liverpool Airport Limited incorporated under the Companies Act 2006 (Company Number 2116704) whose registered office is Venus Building, 1 Old Park Lane, Trafford City, Manchester, England, M41 7HA or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services for Liverpool John Lennon Airport.
Operation of Blackpool Airport
25.—(1) No part of any wind turbine generator (excluding foundations) shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the CAA, has confirmed in writing that he is satisfied that—
(a)appropriate mitigation will be implemented and maintained throughout the lifetime of the authorised development; and
(b)appropriate arrangements have been put in place with the operator to ensure that such appropriate mitigation is so implemented and maintained
(2) The undertaker shall thereafter comply with all obligations contained within the approved mitigation throughout the lifetime of the authorised development.
(3) For the purposes of this requirement—
“appropriate mitigation” means appropriate mitigation measures to prevent or remove any adverse impacts which the authorised development will have on the ability of the operator to provide safe airport operational and air traffic services (including but not limited to any adverse impacts on instrument flight procedures, minimum sector altitudes, and very high frequency radio and direction finding communication systems) for Blackpool Airport;
“approved mitigation” means the appropriate mitigation agreed with the CAA and the operator and approved by the Secretary of State in accordance with sub-paragraph (1);
“CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982; and
“operator” means Blackpool Airport Operations Limited (incorporated in England and Wales with company number 09307995 and whose registered office is Number One Bickerstaffe Square, Talbot Road, Blackpool FY1 3AH), or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services for Blackpool Airport.
Air traffic services at Isle of Man Airport
26.—(1) No part of any wind turbine generator (excluding foundations) shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the Isle of Man Civil Aviation Administration, confirms in writing that either—
(a)no appropriate mitigation is required in respect of the authorised development; or
(b)an appropriate mitigation scheme is required to be implemented and maintained for the life of the authorised development.
(2) Where appropriate mitigation is required, no wind turbine generator forming part of the authorised development is permitted to rotate its blades on its horizontal axis until the appropriate mitigation has been approved by the Secretary of State, having consulted with the operator and the Isle of Man Civil Aviation Administration, and implemented.
(3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the life of the authorised development.
(4) For the purposes of this requirement—
“appropriate mitigation scheme” means a scheme agreed with the operator which sets out measures taken to prevent or remove any adverse impacts of the authorised development on the Isle of Man Primary Surveillance Radar and air traffic management operations and the operator’s ability to provide safe and efficient air traffic services for Isle of Man Airport during the life of the authorised development;
“approved mitigation” means the appropriate mitigation approved by the Secretary of State in accordance with sub-paragraph (2); and
“operator” means Isle of Man Airport or such other organisation as is licensed from time to time to provide air traffic services for Isle of Man Airport.
Operation of Walney Aerodrome (Air traffic services)
27.—(1) No part of any wind turbine generator shall be erected as part of the authorised development until—
(a)the Secretary of State, having consulted with the operator and the CAA, confirms in writing that no mitigation is required in respect of the authorised development; or
(b)the Secretary of State has, having consulted with the operator and the CAA—
(i)approved in writing an ATS mitigation scheme; and
(ii)confirmed in writing that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator.
(2) The approved ATS mitigation scheme must remain in place and be complied with for the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 20).
(3) The undertaker shall be solely responsible for the costs of—
(a)implementing the approved ATS mitigation scheme prior to the erection of any part of any wind turbine generator or any offshore substation platform forming part of the authorised development;
(b)thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of the approved ATS mitigation scheme throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 20); and
(c)in the event of any amendment being made to the authorised development which gives rise to adverse impacts on the operation of Walney Aerodrome which are new or different to those identified by the environmental statement, working with the CAA and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 20, together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures.
(4) For the purposes of this requirement—
“Approved ATS mitigation scheme” means the ATS mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1)(a).
“ATS mitigation scheme” means a scheme which is designed to prevent or remove any adverse impacts arising from the authorised development on the operation of Walney Aerodrome, including but not limited to:
(a)
the Aerodrome’s ability to provide and deliver on an uninterrupted basis—
(i)
national sovereign defence capabilities;
(ii)
safe airport operational and air traffic services that are fit for purpose for both civil and military aircraft operations; and
(iii)
any other operational requirements which are identified by the operator.
(b)
the Aerodrome’s IFP, MSA and VHF communication systems;
“CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982;
“IFP” means instrument flight procedures;
“MSA” means minimum sector altitude;
“operator” means BAE Systems Marine Limited (incorporated in England and Wales with company number 00229770, whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey GU16 7EX) or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services at Walney Aerodrome or any organisation employed by BAE Systems Marine Limited to provide an air traffic service at Walney Aerodrome; and
“VHF” means very high frequency.
Operation of Warton Aerodrome (Air traffic services)
28.—(1) No part of any wind turbine generator shall be erected as part of the authorised development until—
(a)the Secretary of State, having consulted with the operator and the CAA, confirms in writing that no mitigation is required in respect of the authorised development; or
(b)the Secretary of State has, having consulted with the operator and the CAA,—
(i)approved in writing an ATS mitigation scheme; and
(ii)confirmed in writing that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator.
(2) The approved ATS mitigation scheme must remain in place and be complied with for the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 20).
(3) The undertaker shall be solely responsible for the costs of—
(a)implementing the approved ATS mitigation scheme prior to the erection of any part of any wind turbine generator or any offshore substation platform forming part of the authorised development;
(b)thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of the approved ATS mitigation scheme throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 20); and
(c)in the event of any amendment being made to the authorised development which gives rise to adverse impacts on the operation of Warton Aerodrome which are new or different to those identified by the environmental statement, working with the CAA and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 20), together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures.
(4) For the purposes of this requirement—
“approved ATS mitigation scheme” means the ATS mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1)(a).
“ATS mitigation scheme” means a scheme which is designed to prevent or remove any adverse impacts arising from the authorised development on the operation of Warton Aerodrome, including, but not limited to:
(a)
The Aerodrome’s ability to provide and deliver on an uninterrupted basis—
(i)
National sovereign defence capabilities;
(ii)
Safe airport operational and air traffic services that are fit for purpose for both civil and military aircraft operations; and
(iii)
Any other operational requirements which are identified by the operator.
(b)
The Aerodrome’s IFP, MSA, DF, VHF and UHF communication systems;
“CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982;
“DF” means direction finding;
“IFP” means instrument flight procedures;
“MSA” means minimum sector altitude;
“operator” means BAE Systems (Operations) Limited (incorporated in England and Wales with company number 01996687, whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey, GU16 7EX) or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services at Warton Aerodrome or any other organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome; and
“UHF” means ultra high frequency;
“VHF” means very high frequency.
Wake effects
29.—(1) No part of any wind turbine generator may be erected as part of the authorised development until either—
(a)A wake effects plan has been submitted to and approved by the Secretary of State; or
(b)The undertaker has provided evidence to the Secretary of State that alternative mitigation for wake effects has been agreed with the existing Ørsted offshore wind farms.
(2) The wake effects plan provided in accordance with paragraph (1)(a) must include details of reasonable steps that have been taken by the undertaker to minimise wake effects on the existing Ørsted offshore wind farms whilst maximising the capacity of the authorised development within the identified technical, environmental and other constraints of the authorised development.
(3) Where paragraph (1)(a) applies the design plan submitted to the licencing authority under condition 17(1)(a) of schedule 14 of this Order must be in accordance with any approved wake effects plan.
(4) For the purposes of this requirement—
“existing Ørsted offshore wind farms” means Barrow offshore wind farm, Burbo Bank extension, Walney Extension, West of Duddon Sands, Walney offshore wind farm or Burbo bank.
Landscape enhancement scheme
30.—(1) Work No. 1 must not be commenced until a scheme for the provision of landscape enhancement in accordance with the landscape enhancement scheme principles has been submitted to and approved by the relevant planning authority following consultation with Natural Resources Wales, the Isle of Anglesey County Council and Eryri National Park Authority.
(2) The landscape enhancement scheme shall set out appropriate measures to compensate for the impact of the authorised development on the protected landscapes of the Isle of Anglesey National Landscape and Eryri National Park.
(3) The landscape enhancement scheme shall be implemented as approved.
Requirement for written approval
31. Where under any of the requirements the approval or agreement of the Secretary of State, the relevant planning authority or another person is required, that approval or agreement must be given in writing.
Amendments to approved details
32. With respect to any requirement which requires the authorised project to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved or agreed by the person responsible for the original approval.
Article 10
SCHEDULE 3Streets subject to street works
In the County of Conwy:
| (1) Street | (2) Extent as shown on the street works access plan |
|---|---|
| A547, Abergele Road | Between points 1 and 2, as shown on Sheet 2 of the street works and access to works plan |
| Public highway unclassified road off Rhyd-Y-Foel Road | Between points 3 and 4, as shown on Sheet 3 of the street works and access to works plan |
| Public highway unclassified road off Rhyd-Y-Foel Road | Between points 5 and 6, as shown on Sheet 4 of the street works and access to works plan |
| Public highway unclassified road connecting Rhyd-Y-Foel Road and Ffordd Abergele | Between points 7 and 8, as shown on Sheet 4 of the street works and access to works plan |
| Ffordd Abergele | Between points 9 and 10, as shown on Sheet 5 of the street works and access to works plan |
| A548 | Between points 11 and 12, as shown on Sheet 6 of the street works and access to works plan |
| B5381 Glascoed Road | Between points 13 and 14, as shown on Sheet 6 of the street works and access to works plan |
| Public highway unclassified road north of B5381 Glascoed Road | Between points 15 and 16, as shown on Sheet 6 of the street works and access to works plan |
| Public highway unclassified road connecting the B5381 Glascoed Road and A548 | Between points 17 and 18, as shown on Sheet 7 of the street works and access to works plan |
| Public highway unclassified road south of the B5381 Glascoed Road | Between points 19 and 20, as shown on Sheet 7 of the street works and access to works plan |
| Public highway unclassified road south of the B5381 Glascoed Road | Between points 21 and 22, as shown on Sheet 8 of the street works and access to works plan |
| B5381 Glascoed Road | Between points 23 and 24, as shown on Sheet 8 of the street works and access to works plan |
| Public highway unclassified road south of the B5381 Glascoed Road | Between points 25 and 26, as shown on Sheet 8 of the street works and access to works plan |
In the County of Denbighshire:
| (1) Street | (2) Extent as shown on the street works access plan |
|---|---|
| Public highway unclassified road south of the B5381 Glascoed Road | Between points 27 and 28, as shown on Sheet 9 of the street works and access to works plan |
| B5381 Glascoed Road | Between points 29 and 30, as shown on Sheet 9 of the street works and access to works plan |
| Public highway unclassified road west of Cae Onnen | Between points 31 and 32, as shown on Sheet 9 of the street works and access to works plan |
| B5381 Glascoed Road and Public highway unclassified road south | Between points 33 and 34, as shown on Sheet 9 of the street works and access to works plan |
| Public highway unclassified road south of the B5381 Glascoed Road towards Cae Onnen | Between points 34 and 35, as shown on Sheet 9 of the street works and access to works plan |
| B5381 / Glascoed Road | Between points 36 and 37, as shown on Sheet 9 of the street works and access to works plan |
| Public highway unclassified road south-east of Cae Onnen | Between points 38 and 39, as shown on Sheet 10 of the street works and access to works plan |
| Public highway unclassified road south of B5381 Glascoed Road, south-west of Bodelwyddan Substation | Between points 40 and 41, as shown on Sheet 11 of the street works and access to works plan |
| B5381 Glascoed Road | Between points 42 and 43, as shown on Sheet 11 of the street works and access to works plan |
Article 12
SCHEDULE 4Streets to be temporarily closed or restricted
In the County of Conwy:
| (1) Street to be temporarily closed or restricted | (2) Extent of temporary closure or restriction as shown on the street works and access to works plan |
|---|---|
| A547, Abergele Road | Between points 1 and 2, as shown on Sheet 2 of the street works and access to works plan |
| Public highway unclassified road off Rhyd-Y-Foel Road | Between points 3 and 4, as shown on Sheet 3 of the street works and access to works plan |
| Public highway unclassified road off Rhyd-Y-Foel Road | Between points 5 and 6, as shown on Sheet 4 of the street works and access to works plan |
| Public highway unclassified road connecting Rhyd-Y-Foel Road and Ffordd Abergele | Between points 7 and 8, as shown on Sheet 4 of the street works and access to works plan |
| Ffordd Abergele | Between points 9 and 10, as shown on Sheet 5 of the street works and access to works plan |
| A548 | Between points 11 and 12, as shown on Sheet 6 of the street works and access to works plan |
| B5381 Glascoed Road | Between points 13 and 14, as shown on Sheet 6 of the street works and access to works plan |
| Public highway unclassified road north of B5381 Glascoed Road | Between points 15 and 16, as shown on Sheet 6 of the street works and access to works plan |
| Public highway unclassified road south of the B5381 Glascoed Road | Between points 19 and 20, as shown on Sheet 7 of the street works and access to works plan |
| Public highway unclassified road south of the B5381 Glascoed | Between points 21 and 22, as shown on Sheet 8 of the street works and access to works plan |
In the County of Denbighshire:
| (1) Street to be temporarily closed or restricted | (2) Extent of temporary closure or restriction as shown on the street works and access to works plan |
|---|---|
| Public highway unclassified road south of the B5381 Glascoed Road | Between points 27 and 28, as shown on Sheet 9 of the street works and access to works plan |
| B5381 Glascoed Road | Between points 29 and 30, as shown on Sheet 9 of the street works and access to works plan |
| Public highway unclassified road west of Cae Onnen | Between points 31 and 32, as shown on Sheet 9 of the street works and access to works plan |
| B5381 Glascoed Road and Public highway unclassified road south | Between points 33 and 34, as shown on Sheet 9 of the street works and access to works plan |
| Public highway unclassified road south of the B5381 Glascoed Road towards Cae Onnen | Between points 34 and 35, as shown on Sheet 9 of the street works and access to works plan |
| B5381 / Glascoed Road | Between points 36 and 37, as shown on Sheet 9 of the street works and access to works plan |
| Public highway unclassified road south-east of Cae Onnen | Between points 38 and 39, as shown on Sheet 10 of the street works and access to works plan |
| Public highway unclassified road south of B5381 Glascoed Road, south-west of Bodelwyddan Substation | Between points 40 and 41, as shown on Sheet 11 of the street works and access to works plan |
| B5381 Glascoed Road | Between points 42 and 43, as shown on Sheet 11 of the street works and access to works plan |
Article 13
SCHEDULE 5Public rights of way to be temporarily closed or restricted
In the County of Conwy:
| (1) Public right of way to be temporarily closed or restricted | (2) Extent as shown on the public rights of way plan |
|---|---|
| Llanddulas & Rhyd y Foel 14 Footpath | Between points 1a and 1b as shown on sheet 3 and 4 of the temporary closure of public rights of way plan |
| Betws yn Rhos 43 Footpath | Between points 2a and 2b as shown on sheet 4 of the temporary closure of public rights of way plan |
| Betws yn Rhos 44 Footpath | Between points 3a and 3b as shown on sheet 4 and 5 of the temporary closure of public rights of way plan |
| Betws yn Rhos 48 Footpath | Between points 4a and 4b as shown on sheet 5 of the temporary closure of public rights of way plan |
| Llanfair TH 12 Footpath | Between points 5a and 5b as shown on sheet 6 of the temporary closure of public rights of way plan |
| Llanfair TH 15 Footpath | Between points 6a and 6b as shown on sheets 6 and 7 of the temporary closure of public rights of way plan |
| Llanfair TH 16 Bridleway | Between points 7a and 7b as shown on sheet 7 of the temporary closure of public rights of way plan |
| Llanfair TH 19 Bridleway | Between points 8a and 8b as shown on sheet 7 of the temporary closure of public rights of way plan |
In the County of Denbighshire:
| (1) Public right of way to be temporarily closed or restricted | (2) Extent as shown on the public rights of way plan |
|---|---|
| Footpath DE/105/99 | Between points 9a and 9b as shown on sheet 8 of the temporary closure of public rights of way plan |
| Footpath DE/105/5 | Between points 10a and 10b as shown on sheets 9 and 10 of the temporary closure of public rights of way plan |
| Footpath DE/105/6 | Between points 11a and 11b as shown on sheets 10 and 11 of the temporary closure of public rights of way plan |
| Bridleway DE 208/32 | Between points 12a and 12b as shown on sheet 11 of the temporary closure of public rights of way plan |
Article 14
SCHEDULE 6Access to works
In the County of Conwy:
| (1) Reference as shown on the street works and access to works plan | (2) Description of new accesses and crossings |
|---|---|
| AC-A1 | From the public highway Sea Road as shown on sheet 1 of the street works and access to works plan |
| AC-B1 | From the public highway A457 Abergele Road as shown on sheet 2 of the street works and access to works plan |
| AC-C1 | Crossing point over and from public highway unclassified road as shown on sheet 3 of the street works and access to works plan |
| AC-C2 | Crossing point over and from public highway unclassified road shown on sheet 3 of the street works and access to works plan |
| AC-D1 | Crossing point over and from public highway unclassified road as shown on sheet 4 of the street works and access to works plan |
| AC-D2 | Crossing point over and from public highway unclassified road as shown on sheet 4 of the street works and access to works plan |
| AC-E1 | Crossing point over and from public highway unclassified road as shown on sheet 4 of the street works and access to works plan |
| AC-E2 | Crossing point over and from public highway unclassified road as shown on sheet 4 of the street works and access to works plan |
| AC-F1 | Crossing point over and from Ffordd Abergele as shown on sheet 5 of the street works and access to works plan |
| AC-F2 | Crossing point over and from Fford Abergele as shown on sheet 5 of the street works and access to works plan |
| AC-G1 | From the public highway B5381 Glascoed Road as shown on sheet 6 of the street works and access to works plan |
| AC-G2 | Crossing point over and from the public highway B5381 Glascoed Road as shown on sheet 6 of the street works and access to works plan |
| AC-H1 | From the public highway A548 as shown on sheet 6 of the street works and access to works plan. |
| AC-I1 | Crossing point over and from public highway unclassified road as shown on sheet 7 of the street works and access to works plan |
| AC-I2 | Crossing point over and from public highway unclassified road as shown on sheet 7 of the street works and access to works plan |
| AC-J1 | Crossing point over and from public highway unclassified road as shown on sheet 8 of the street works and access to works plan |
| AC-J2 | Crossing point over and from public highway unclassified road as shown on sheet 8 of the street works and access to works plan |
| AC-K1 | From the public highway B5381 Glascoed Road as shown on sheet 8 of the street works and access to works plan |
| AC-L1 | Crossing point over and from public highway unclassified road as shown on sheet 8 of the street works and access to works plan |
| AC-L2 | Crossing point over and from public highway unclassified road as shown on sheet 8 of the street works and access to works plan |
In the County of Denbighshire:
| (1) Reference as shown on the street works and access to works plan | (2) Description of new accesses and crossings |
|---|---|
| AC-M1 | Crossing point over and from public highway unclassified road as shown on sheet 9 of the street works and access to works plan |
| AC-M2 | Crossing point over and from public highway unclassified road as shown on sheet 9 of the street works and access to works plan |
| AC-N1 | From the public highway B5381 Glascoed Road as shown on sheet 9 of the street works and access to works plan |
| AC-O1 | Crossing point over and from public highway unclassified road as shown on sheet 9 of the street works and access to works plan |
| AC-O2 | Crossing point over and from public highway unclassified road as shown on sheet 9 of the street works and access to works plan |
| AC-P1 | Crossing point over and from public highway unclassified road as shown on sheet 10 of the street works and access to works plan |
| AC-P2 | Crossing point over and from public highway unclassified road as shown on sheet 10 of the street works and access to works plan |
| AC-Q1 | Crossing point over and from public highway unclassified road as shown on sheet 11 of the street works and access to works plan |
| AC-Q2 | Crossing point over and from public highway unclassified road as shown on sheet 11 of the street works and access to works plan |
| AC-R1 | From the public highway B5381 Glascoed Road as shown on sheet 11 of the street works and access to works plan |
| AC-S1 | From the public highway B5381 Glascoed Road as shown on sheet 11 of the street works and access to works plan |
| AC-T1 | From public highway unclassified road as shown on sheet 11 of the street works and access to works plan |
Article 28
SCHEDULE 7Land of which only temporary possession may be taken
In the County of Conwy:
| (1) Number of plot shown on land plan (onshore) | (2) Purpose for which temporary possession may be taken | (3) Relevant part of authorised project |
|---|---|---|
| 01-001, 01-002 | Access to Work No. 3 during construction | Work Nos. 3 and 4 |
| 01-003, 01-004, | Temporary construction compound for vehicle parking, a circulation area and a laydown area of up to 800 square metres including fencing together with access to Work No. 4 during construction | Work Nos. 4 and 7 |
| 01-005, 01-006, 01-007, 01-008, 01-009, 01-010, 01-011 | Access during construction | Work Nos. 5, 7 and 8 |
| 02-013, 02-013a, 02-014, 02-015, 02-016, 02-017, 02-018, 02-019, 02-020 | Access to Work No. 8 during construction | Work Nos. 6 and 8 |
| 02-030 | Access to Work No. 10 during construction including works to the public highway and visibility splays | Work Nos. 9 and 10 |
| 03-052, 03-055, 03-057, 03-058, 04-068, 04-069, 04-071, 04-076 | Access to Work No. 12 during construction | Work Nos. 12 and 12a |
| 05-094, 05-095, 06-099, 06-102, 06-104 | Temporary construction compounds and laydown areas with a total maximum area of 37,500 square metres and access to Work Nos. 12 and 14 during construction including works to the public highway and visibility splays | Work Nos. 12, 13 and 14 |
In the County of Denbighshire:
| (1) Number of plot shown on land plan (onshore) | (2) Purpose for which temporary possession may be taken | (3) Relevant part of authorised project |
|---|---|---|
| 09-160, 09-162, 09-163, 09-164, 09-165 | Temporary construction compound and laydown area of up to 22,500 square metres and access to Work No. 17 during construction including works to the public highway and visibility splays | Work Nos. 17 and 18 |
| 09-166, 09-167 | Temporary works to the public highway including visibility splays | Work No. 19 |
| 11-197a, 11-223b, 11-228, 11-229a, 11-230, 11-230a, 11-233, 11-233a, 11-233b, 11-234, 1-234a, 11-234b, 11-236 | Access during construction including works to the public highway and visibility splays | Work Nos. 22, 22a, 27, 28, 29 and 30 |
| 11-197b | Onshore site preparation works | Work No. 27 |
| 11-228, 11-229 | Temporary construction compound and laydown area of up to 7,100 square metres | Work Nos. 22, 22a, 27, 28, 29 and 30 |
| 11-221a | Temporary construction area to facilitate the construction of permanent access | Work Nos. 27 and 29 |
| 11-215, 11-218, 11-218a | Temporary landscaping, ecological and environmental works in relation to the substation construction | Work Nos. 22, 22a and 31 |
Article 21
SCHEDULE 8Land in which only new rights etc. may be acquired
In the County of Conwy:
| (1) Number of plot shown on land plan (onshore) | (2) Purpose for which rights may be acquired |
|---|---|
| 02-033; 03-037; 03-045; 03-047; 03-049; 03-050; 03-060; 03-062; 03-063; 04-067; 04-070; 04-074; 04-078; 05-080; 05-083; 05-084; 05-087; 05-088; 05-091; 05-093; 06-097; 06-100; 06-106a; 06-103; 06-105; 06-106; 06-108; 07-109; 07-111; 07-117; 07-120; 07-125; 07-127; 07-129; 07-133; 08-136; 08-146 | Cable rights and restrictive covenants 1.Cable rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) lay down, install, test, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers, cable clamping and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (the “cables”), and in doing so, to use or resort to open cut trenching or trenchless installation techniques including (but not limited to) directional drilling; (b) enter, be on, and break open and break up the surface of the land, restore and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) to benefit from continuous vertical and lateral support for the authorised project; (d) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing, testing, upgrading and replacing the cables and connection into any adjacent cables and associated works, to take plant and equipment on to adjoining land; (e) construct and install the cables and thereafter use the land for all necessary purposes for the construction, commissioning, testing, repair and maintenance of the cables in, on or under the land; (f) place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal, testing and replacing of the cables and to erect temporary signage and provide measures for the benefit of public and personnel safety; (g) erect fencing, gates, walls, barriers or other means of enclosure, and create secure working areas and compounds including trenchless installation technique compounds and working areas; (h) construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out; (i) effect access to the highway including creation of temporary visibility splays; (j) make such investigations in or on the land as are required; (k) fell, lop, cut or remove or coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed would obstruct or interfere with the installation and operation of the cables; (l) remove and discharge water from the land, and to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse drainage schemes on the land or reinstate any existing drainage scheme on the land; (m) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus, public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers); (n) remove fences and structures within the land during any period in which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instatement or suitable replacement of the fences or structures following the exercise of the rights); (o) store and stockpile materials (including excavated material); (p) create boreholes and trial excavation pits for the purposes of intrusively surveying the land and monitoring the use of any trenchless installation technique, to keep in place and monitor the same through construction, maintenance, repair, replacement or decommissioning and reinstatement of the land; (q) to excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order; (r) lay out temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair, renewal or decommissioning is being carried out; (s) to install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, and remediation works for environmental or ecological mitigation or enhancement works, including temporary works for noise alleviation measures and the installation of temporary barriers for the protection of fauna; (t) carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land and/or in accordance with any necessary licences relating to protected species and/or wildlife; (u) (in an emergency only when the cables are temporarily unusable) to lay down, install, use, maintain and inspect replacement underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land; (v) to construct, use, maintain and improve a permanent means of access including visibility splays, and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the land, adjoining land and the highway; and (w) erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land. 2. Restrictive covenants A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a)prevent anything being done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction, erection or works of any kind (including the foundations or footings thereto); (b)prevent anything being done by way of hard surfacing of the land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project); (c)to prevent anything to be done by way of excavation of any kind in the land or any activities which would alter, increase or decrease ground cover or soil levels in any manner whatsoever save as are reasonably required for agricultural activities (being ploughing to no deeper than 0.6 metres for the purposes of arable farming) or are required to be carried out by any statutory undertaker in order to exercise their statutory functions or rights in relation to their apparatus (if any) within the land without the consent in writing of the undertaker; (d)to prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access and maintain the relevant part of the authorised project); (e)to prevent anything being done which may interfere with free flow and passage of electricity or telecommunications through the cables or support for the authorised project; (f)to prevent the carrying out of operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised project; and (g)to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of ecological mitigation areas or areas of habitat creation or enhancement including any ploughing or grazing without the prior written consent of the undertaker. |
| 02-012; 02-021; 02-021a; 02-022; 02-023; 02-024; 02-025; 02-026; 02-027; 02-028; 02-029; 02-031; 02-034; 02-035; 02-036; 03-061; 04-065; 04-073; 05-082; 06-096; 06-098; 06-101; 07-110; 07-126; 08-135; 08-140 | Cable rights under existing infrastructure and restrictive covenants 1. Cable rights under existing infrastructure Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in or under the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers, cable clamping and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling; (b) enter, be on, and remain on the land with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) to benefit from continuous vertical and lateral support for the authorised project; (d) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing, testing, upgrading and replacing the cables and connection into any adjacent cables and associated works, to take plant and equipment on to adjoining land; (e) construct and install the cables and thereafter use the land for all necessary purposes for the construction, commissioning, testing, repair and maintenance of the cables in or under the land; (f) place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables and to erect temporary signage and provide measures for the benefit of public and personnel safety; (g) erect fencing, gates, walls, barriers or other means of enclosure, and create secure working areas and compounds including trenchless installation technique compounds and working areas; (h) construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out; (i) effect access to the highway including creation of temporary visibility splays; (j) make such investigations in or on the land as are required; (k) fell, lop, cut or remove or coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed would obstruct or interfere with the installation or operation of the cables; (l) remove and discharge water from the land, and to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse drainage schemes on the land or reinstate any existing drainage scheme on the land; (m) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers); (n) remove fences and structures within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instatement or suitable replacement of the fences or structures following the exercise of the rights); (o) store and stockpile materials (including excavated material); (p) create boreholes and trial excavation pits for the purposes of intrusively surveying the land and monitoring the use of any trenchless installation technique, to keep in place and monitor the same through construction, maintenance repair, replacement or decommissioning and to reinstate the land; (q) to excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order; (r) lay out temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair or renewal or decommissioning is being carried out; (s) to install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance and remediation works for environmental or ecological mitigation or enhancement works, including temporary works for noise alleviation measures and the installation of temporary barriers for the protection of fauna; (t) carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land and/or in accordance with any necessary licences relating to protected species and/or wildlife; (u) (in an emergency only when the cables are temporarily unusable) to lay down, install, use, maintain and inspect replacement underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land; (v) to construct, use, maintain and improve a permanent means of access including visibility splays, and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the land, adjoining land and the highway; and (w) erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land. 2. Restrictive covenants A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a)prevent anything being done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction, erection or works of any kind (including the foundations or footings thereto) other than those related to works for the benefit of existing highway or railway infrastructure; (b)to prevent anything to be done by way of excavation of any kind in the land nor any activities which would alter, increase or decrease ground cover or soil levels by greater than one metre whatsoever without the consent in writing of the undertaker, save where such works are reasonably required for the exercise of statutory functions or rights in relation any public highway or railway on the land and will not damage, undermine or interfere with the cables; (c)to prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access and maintain the relevant part of the authorised project); (d)to prevent anything being done which may interfere with free flow and passage of electricity or telecommunications through the cables or support for the authorised project; and (e)to prevent the carrying out of operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised project. |
| 02-032 | Cable rights, transition joint bay rights and restrictive covenants 1. Cable rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers, cable clamping and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling; (b) enter, be on, and break open and break up the surface of the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) to benefit from continuous vertical and lateral support for the authorised project; (d) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing and replacing the cables; (e) construct and install the cables and thereafter use the land for all necessary purposes for the construction, commissioning, testing, repair and maintenance of the cables in, on or under the land; (f) place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables and to erect temporary signage and provide measures for the benefit of public and personnel safety; (g) erect fencing, gates, walls, barriers or other means of enclosure, and create secure working areas and compounds including trenchless installation technique compounds and working areas; (h) construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal or decommissioning is being carried out; (i) effect access to the highway including creation of temporary visibility splays; (j) make such investigations in or on the land as are required; (k) fell, lop, cut or remove or coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed would obstruct or interfere with the installation and operation of the cables; (l) remove and discharge water from the land, and to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse drainage schemes on the land or reinstate any existing drainage scheme on the land; (m) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus, public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers); (n) remove fences and structures within the land during any period in which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instatement or suitable replacement of the fences or structures following the exercise of the rights); (o) store and stockpile materials (including excavated material); (p) create boreholes and trial excavation pits for the purposes of intrusively surveying the land and monitoring the use of any trenchless installation technique, to keep in place and monitor the same through construction, maintenance, repair, replacement or decommissioning and reinstatement of the land; (q) to excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order; (r) lay out temporary paths and bridleways for public use; (s) to install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, and remediation works for environmental or ecological mitigation or enhancement works, including temporary works for noise alleviation measures and the installation of temporary barriers for the protection of fauna; (t) carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land and/or in accordance with any necessary licences relating to protected species and/or wildlife; and (u) (in an emergency only when the cables are temporarily unusable) to lay down, install, use, maintain and inspect replacement underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land. 2.Transition joint bay rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace transition joint bays. 3. Restrictive covenants A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a)prevent anything being done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction, erection or works of any kind (including the foundations or footings thereto); (b)prevent anything being done by way of hard surfacing of the land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project); (c)to prevent anything to be done by way of excavation of any kind in the land or any activities which would alter, increase or decrease ground cover or soil levels in any manner whatsoever save as are reasonably required for agricultural activities (being ploughing to no deeper than 0.6 metres for the purposes of arable farming) or are required to be carried out by any statutory undertaker in order to exercise their statutory functions or rights in relation to their apparatus (if any) within the land without the consent in writing of the undertaker; (d)to prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access and maintain the relevant part of the authorised project); (e)to prevent anything being done which may interfere with free flow and passage of electricity or telecommunications through the cables or support for the authorised project; (f)to prevent the carrying out of operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised project; and (g)to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of ecological mitigation areas or areas of habitat creation or enhancement including any ploughing or grazing without the prior written consent of the undertaker. |
| 03-038; 03-046; 03-048; 03-051; 03-053; 03-054; 03-056; 03-059; 03-064; 04-066; 04-072; 04-075; 04-077; 04-079; 05-081; 05-085; 05-086; 05-089; 05-090; 05-092; 06-107; 07-116; 07-128; 07-134; 08-147; 08-148 | Cable corridor access rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the authorised project, the inspection, testing, maintenance, renewal, upgrading, replacement and removal of the cables and connection into any adjacent cables and associated works, to take plant and equipment on to adjoining land and make such investigations in or on the Land which is ancillary for the purposes of exercise of the rights; (b) to construct, use, maintain and improve a permanent means of access including visibility splays, and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the land, adjoining land and the highway; (c) construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair, renewal or decommissioning is being carried out; (d) erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land; (e) place and use plant, machinery, structures and temporary structures within the land, and to erect temporary signage and provide measures for the benefit of public and personnel safety; (f) fell, lop, cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; (g) repair, improve, renew, remove, relocate and plant trees, woodland, shrubs, hedgerows, seeding and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping; (h) erect and remove temporary fencing, gates, walls, barriers or other means of enclosure; and (i) lay out temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair or renewal decommissioning is being carried out. |
| 03-039; 03-040; 03-041; 03-042; 03-043; 03-044; 07-112; 07-113; 07-114; 07-115; 07-118; 07-119; 07-121; 07-122; 07-123; 07-124; 07-130; 07-131; 07-132; 08-141; 08-142; 08-143; 08-144; 08-145; 08-149 | Hedgerow enhancement rights and restrictive covenants 1. Hedgerow enhancement rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the authorised project; (b) to use, maintain and improve a permanent means of access and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the landscaping and mitigation land, adjoining land and highway; (c) place and use plant, machinery, structures and temporary structures within the land and to erect temporary signage and provide measures for the benefit of the public and personnel safety; (d) fell, lop, cut or remove or coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land for the purpose of enabling the right to pass and re-pass to adjoining land; (e) install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodland, shrubs, hedgerows, seeding and other hedgerow enhancement works together with the right to maintain, inspect and replant such trees, shrubs and landscaping; and (f) the installation of temporary barriers for the protection of fauna. 2. Restrictive covenants A restrictive covenant over the land for the benefit of the remainder of the Order land to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of the hedgerow enhancement works without the prior written consent of the undertaker or as authorised by a planning permission or consent granted over the land. |
In the County of Denbighshire:
| (1) Number of plot shown on land plan (onshore) | (2) Purpose for which rights may be acquired |
|---|---|
| 08-146, 08-150; 08-154; 09-157; 09-158; 09-159; 09-168; 09-169; 09-171; 09-172; 09-173a; 09-173b; 09-174; 09-175; 09-176; 09-177; 09-178; 10-179; 10-180; 10-183; 10-184; 10-185; 10-188 | Cable rights and restrictive covenants 1. Cable rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers, cable clamping and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling; (b) enter, be on, and break open and break up the surface of the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) to benefit from continuous vertical and lateral support for the authorised project; (d) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing, testing, upgrading and replacing the cables and connection into any adjacent cables and associated works, to take plant and equipment on to adjoining land; (e) construct and install the cables and thereafter use the land for all necessary purposes for the construction, commissioning, testing, repair and maintenance of the cables in, on or under the land; (f) place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables and to erect temporary signage and provide measures for the benefit of public and personnel safety; (g) erect fencing, gates, walls, barriers or other means of enclosure, and create secure working areas and compounds including trenchless installation technique compounds and working areas; (h) construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out; (i) effect access to the highway including creation of temporary visibility splays; (j) make such investigations in or on the land as are required; (k) fell, lop, cut or remove or coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed would obstruct or interfere with the installation and operation of the cables; (l) remove and discharge water from the land, and to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse drainage schemes on the land or reinstate any existing drainage scheme on the land; (m) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus, public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers); (n) remove fences and structures within the land during any period in which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instatement or suitable replacement of the fences or structures following the exercise of the rights); (o) store and stockpile materials (including excavated material); (p) create boreholes and trial excavation pits for the purposes of intrusively surveying the land and monitoring the use of any trenchless installation technique, to keep in place and monitor the same through construction, maintenance, repair, replacement or decommissioning and reinstatement of the land; (q) to excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order; (r) lay out temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair, renewal or decommissioning is being carried out; (s) to install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, and remediation works for environmental or ecological mitigation or enhancement works, including temporary works for noise alleviation measures and the installation of temporary barriers for the protection of fauna; (t) carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land and/or in accordance with any necessary licences relating to protected species and/or wildlife; (u) (in an emergency only when the cables are temporarily unusable) to lay down, install, use, maintain and inspect replacement underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land; (v) to construct, use, maintain and improve a permanent means of access including visibility splays, and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the land, adjoining land and the highway; and (w) erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land. 2. Restrictive covenants A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a)prevent anything being done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction, erection or works of any kind (including the foundations or footings thereto); (b)prevent anything being done by way of hard surfacing of the land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project); (c)to prevent anything to be done by way of excavation of any kind in the land or any activities which would alter, increase or decrease ground cover or soil levels in any manner whatsoever save as are reasonably required for agricultural activities (being ploughing to no deeper than 0.6 metres for the purposes of arable farming) or are required to be carried out by any statutory undertaker in order to exercise their statutory functions or rights in relation to their apparatus (if any) within the land without the consent in writing of the undertaker; (d)to prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access and maintain the relevant part of the authorised project); (e)to prevent anything being done which may interfere with free flow and passage of electricity or telecommunications through the cables or support for the authorised project; (f)to prevent the carrying out of operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised project; and (g)to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of ecological mitigation areas or areas of habitat creation or enhancement including any ploughing or grazing without the prior written consent of the undertaker. |
| 08-153; 09-173; 10-182; 11-189 | Cable rights under existing infrastructure and restrictive covenants 1. Cable rights under existing infrastructure Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in or under the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers, cable clamping and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling; (b) enter, be on, and remain on the land with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) to benefit from continuous vertical and lateral support for the authorised project; (d) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting, removing, testing, upgrading and replacing the cables and connection into any adjacent cables and associated works, to take plant and equipment on to adjoining land; (e) construct and install the cables and thereafter use the land for all necessary purposes for the construction, commissioning, testing, repair and maintenance of the cables in or under the land; (f) place and use plant, machinery, structures and temporary structures within the land for the purposes of the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables and to erect temporary signage and provide measures for the benefit of public and personnel safety; (g) erect fencing, gates, walls, barriers or other means of enclosure, and create secure working areas and compounds including trenchless installation technique compounds and working areas; (h) construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair or renewal is being carried out; (i) effect access to the highway including creation of temporary visibility splays; (j) make such investigations in or on the land as are required; (k) fell, lop, cut or remove or coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land or other land which would if not felled, lopped, cut or removed would obstruct or interfere with the installation or operation of the cables; (l) remove and discharge water from the land, and to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, install, use, inspect, maintain, adjust, alter, renew, repair, test or cleanse drainage schemes on the land or reinstate any existing drainage scheme on the land; (m) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers); (n) remove fences and structures within the land during any period during which construction, maintenance, repair or renewal is being carried out (subject to erection of any temporary stock-proof fencing as is reasonably required and the re-instatement or suitable replacement of the fences or structures following the exercise of the rights); (o) store and stockpile materials (including excavated material); (p) create boreholes and trial excavation pits for the purposes of intrusively surveying the land and monitoring the use of any trenchless installation technique, to keep in place and monitor the same through construction, maintenance repair, replacement or decommissioning and to reinstate the land; (q) to excavate materials below ground level, including soils, and to store and re-use or dispose of the same, and in so excavating to undertake any works, including works of protection or removal of archaeological remains as may be required by any written scheme of investigation approved under this Order; (r) lay out temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair or renewal or decommissioning is being carried out; (s) to install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance and remediation works for environmental or ecological mitigation or enhancement works, including temporary works for noise alleviation measures and the installation of temporary barriers for the protection of fauna; (t) carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land and/or in accordance with any necessary licences relating to protected species and/or wildlife; (u) (in an emergency only when the cables are temporarily unusable) to lay down, install, use, maintain and inspect replacement underground cables, telephone signalling and fibre-optic cables and ancillary equipment, associated works and other conducting media together with conduits or pipes for containing the same in and under the land; (v) to construct, use, maintain and improve a permanent means of access including visibility splays, and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the land, adjoining land and the highway; and (w) erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land. 2. Restrictive covenants A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a)prevent anything being done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction, erection or works of any kind (including the foundations or footings thereto) other than those related to works for the benefit of existing highway or railway infrastructure; (b)to prevent anything to be done by way of excavation of any kind in the land nor any activities which would alter, increase or decrease ground cover or soil levels by greater than one metre whatsoever without the consent in writing of the undertaker, save where such works are reasonably required for the exercise of statutory functions or rights in relation any public highway or railway on the land and will not damage, undermine or interfere with the cables; (c)to prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access and maintain the relevant part of the authorised project); (d)to prevent anything being done which may interfere with free flow and passage of electricity or telecommunications through the cables or support for the authorised project; and (e)to prevent the carrying out of operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised project. |
| 08-148; 08-151; 08-152; 09-161; 09-170; 10-181; 10-186; 10-187; 11-196; 11-221; 11-231; 11-232; 11-235 | Cable corridor access rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the authorised project, the inspection, testing, maintenance, renewal, upgrading, replacement and removal of the cables and connection into any adjacent cables and associated works, to take plant and equipment on to adjoining land and make such investigations in or on the Land which is ancillary for the purposes of exercise of the rights; (b) to construct, use, maintain and improve a permanent means of access including visibility splays, and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the Cable corridor access rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a)pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the authorised project, the inspection, testing, maintenance, renewal, upgrading, replacement and removal of the cables and connection into any adjacent cables and associated works, to take plant and equipment on to adjoining land and make such investigations in or on the Land which is ancillary for the purposes of exercise of the rights; (b)to construct, use, maintain and improve a permanent means of access including visibility splays, and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the land, adjoining land and the highway; (c)construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair, renewal or decommissioning is being carried out; (d)erect temporary bridges and supporting or protective structures for the purposes of access to adjoining land; (e)place and use plant, machinery, structures and temporary structures within the land, and to erect temporary signage and provide measures for the benefit of public and personnel safety; (f)fell, lop, cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; (g)repair, improve, renew, remove, relocate and plant trees, woodland, shrubs, hedgerows, seeding and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping; (h)erect and remove temporary fencing, gates, walls, barriers or other means of enclosure; and (i)lay out temporary paths and bridleways for public use as temporary diversions for public rights of way which are interfered with during any period in which construction, maintenance, repair or renewal decommissioning is being carried out. |
| 08-149; 09-155; 09-156; 11-193; 11-194; 11-195, 11-195a | Hedgerow enhancement rights and restrictive covenants 1.Hedgerow enhancement rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of the authorised project; (b) to use, maintain and improve a permanent means of access and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the landscaping and mitigation land, adjoining land and highway; (c) place and use plant, machinery, structures and temporary structures within the land and to erect temporary signage and provide measures for the benefit of the public and personnel safety; (d) fell, lop, cut or remove or coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land for the purpose of enabling the right to pass and re-pass to adjoining land; (e) install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodland, shrubs, hedgerows, seeding and other hedgerow enhancement works together with the right to maintain, inspect and replant such trees, shrubs and landscaping; and (f) the installation of temporary barriers for the protection of fauna. 2. Restrictive covenants A restrictive covenant over the land for the benefit of the remainder of the Order land to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of the hedgerow enhancement works without the prior written consent of the undertaker or as authorised by a planning permission or consent granted over the land. |
| 11-191; 11-192; 11-214 | Landscaping and ecological mitigation works rights and restrictive covenants 1. Landscaping and ecological mitigation works rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodland, shrubs, hedgerows, seeding and other landscaping and ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping; (b) install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, remediation works for environmental or ecological mitigation or enhancement works, including temporary works and the installation of temporary barriers for the protection of fauna; (c) place and use plant, machinery, structures and temporary structures within the land and to erect temporary signage and provide measures for the benefit of the public and personnel safety; (d) fell, lop, cut or remove or coppice wood, uproot trees or hedges or shrubs which now or hereafter may be standing on the land for the purpose of enabling the right to pass and re-pass to adjoining land; and (e) carry out such works (together with associated fencing) required by a planning permission and/or consent now or to be granted over the land in accordance with any necessary licences relating to protected species and/or wildlife. 2. Restrictive covenants A restrictive covenant over the land for the benefit of the remainder of the Order land to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of landscaping or ecological mitigation measures or works or areas of habitat creation including any ploughing or grazing, during the period within which the undertaker is bound by any consent or licence to maintain that ecological mitigation measures or works or areas of habitat creation, without the prior written consent of the undertaker. |
| 11-198; 11-200; 11-201; 11-202; 11-203; 11-204; 11-205; 11-206; 11-207; 11-226; 11-227 | National Grid connection rights and restrictions 1.Rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) lay down, install, retain, adjust, alter, construct, operate, erect, use, maintain, repair, renew, upgrade, inspect, remove and replace the electricity cables (including the removal of materials including spoil) in, under, over and/or on the land, together with such telemetry and fibre-optic lines, ducting, jointing bays and other apparatus, protection measures, cable marker posts, chambers and manholes, manhole covers, cable clamping and other equipment which is ancillary to the purposes of transmitting electricity along such electricity cables (the “cables”), and in doing so, to use or resort to trenchless installation techniques including (but not limited to) directional drilling; (b) enter, be on, and break open and break up the surface of the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables; (c) to benefit from continuous vertical and lateral support for the authorised project; (d) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting the authorised project and for removing and replacing the cables; (e) to use, maintain, renew improve and alter existing accesses, roads, streets, tracks or ways over the land, providing that such use is not exclusive and exercise of this right must not prevent or unreasonably inhibit use by other parties; (f) construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair, renewal or decommissioning is being carried out; (g) place and use plant, machinery, structures and temporary structures within the land, and to erect temporary signage and provide measures for the benefit of public and personnel safety; (h) fell, lop, cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; (i) remove and discharge water from the land and to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, to lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace a drainage scheme on the land; and (j) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers). 2. Restrictive covenants A restrictive covenant over the land for the benefit of the remainder of the Order land to: (a)prevent anything being done in or upon the land or any part thereof for the purpose of the erection of any buildings or construction, erection or works of any kind (including the foundations or footings thereto); (b)prevent anything being done by way of hard surfacing of the land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project); (c)to prevent anything to be done by way of excavation of any kind in the land or any activities which would alter, increase or decrease ground cover or soil levels in any manner whatsoever save as are reasonably required for agricultural activities (being ploughing to no deeper than 0.6 metres for the purposes of arable farming) or are required to be carried out by any statutory undertaker in order to exercise their statutory functions or rights in relation to their apparatus (if any) within the land without the consent in writing of the undertaker; (d)to prevent the planting or growing within the land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access and maintain the relevant part of the authorised project); (e)to prevent anything being done which may interfere with free flow and passage of electricity or telecommunications through the cables or support for the authorised project; (f)to prevent the carrying out of operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt, or interfere with the exercise of the rights or damage the authorised project; and (g)to prevent any activity which would in the reasonable opinion of the undertaker result in the disturbance of ecological mitigation areas or areas of habitat creation or enhancement including any ploughing or grazing without the prior written consent of the undertaker. |
| 11-221; 11-222; 11-223; 11-224; 11-225; 11-231; 11-232; 11-235 | National Grid substation access rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the purposes of laying down, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, inspecting the authorised project and for removing and replacing the cables and substation; (b) to use, maintain, renew improve and alter existing accesses, roads, streets, tracks or ways over the land, providing that such use is not exclusive and exercise of this right must not prevent or unreasonably inhibit use by other parties; (c) construct, lay down, use and remove temporary access roads including any necessary hard standing and other surface materials including (but not limited to) matting, aggregate, trackway, stone, tarmacadam, terram, temporary bridging, culverting or diversion of water courses and drains during any period during which construction, maintenance, repair, renewal or decommissioning is being carried out; (d) place and use plant, machinery, structures and temporary structures within the land, and to erect temporary signage and provide measures for the benefit of public and personnel safety; (e) fell, lop, cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be present on the land for the purpose of enabling the right to pass and re-pass to adjoining land; (f) remove and discharge water from the land and to install, retain, use, maintain, inspect, alter, remove, refurbish, reconstruct, replace, protect and improve sewers, drains, pipes, ducts, mains, conduits, flues and to drain into and manage waterflows in any drains, watercourses and culverts, to lay down, install, adjust, alter, construct, create, use, maintain, repair, renew, upgrade, inspect, remove and replace a drainage scheme on the land; and (g) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables or conduits or apparatus including but not limited to electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus public and private drains, watercourses, sewers, ponds or culverts, service media (including the pipes, cables or conduits or apparatus of statutory undertakers). |
| 11-221; 11-231; 11-232; 11-235 | Landscaping and ecological mitigation land access rights Rights for the purposes of the construction, installation, operation, maintenance and decommissioning of the authorised project to— (a) pass and re-pass with or without vehicles, plant, machinery, apparatus, equipment and materials for the inspection, maintenance, renewal, upgrading, replacement and removal of the landscaping and ecological mitigation works; (b) to use, maintain and improve a permanent means of access and retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the landscaping and mitigation land, adjoining land and highway; and (c) fell, lop, cut, coppice wood, uproot trees or hedges or shrubs which now or hereafter may be present on the access area for the purpose of enabling the right to pass and re-pass to the landscaping and ecological mitigation land. |
Article 21
SCHEDULE 9Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictions
Compensation enactments
1. The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restriction as they apply as respects compensation for the compulsory purchase of land and interests in land.
2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the following modification-
(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—
“(5) (a) If—
(a)the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the Compulsory Purchase Act 1965 (as modified by paragraph 5(5) of Schedule 9 to the Mona Offshore Wind Farm Order 2025).
(b)the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the Compulsory Purchase Act 1965 (as substituted by paragraph 5(8) of Schedule 8 to the Mona Offshore Wind Farm Order 2025) to acquire an interest in the land; and
(c)the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of sub-section (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.”
3.—(1) Without limitation on the scope of paragraph (1), the Land Compensation Act 1973(2) has effect subject to the modifications set out in sub-paragraph (2).
(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3) of this Schedule—
(a)for “land is acquired or taken from” substitute “a right or restriction over land is purchased from or imposed on”; and
(b)for “acquired or taken from him” substitute “over which the right is exercisable or the restriction enforceable.
Application of Part 1 of the 1965 Act
4.—(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 26 (modification of Part 1 of the 1965 Act) to the acquisition of land under article 19 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restriction under article 21 (compulsory acquisition of rights)—
(a)with the modifications specified in sub-paragraph 4(2); and
(b)with such other modifications as may be necessary.
5.—(1) The modifications referred to in sub-paragraph (1) are as follows.
(2) References in the 1965 Act to land are, in the appropriate contexts, to be 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, or the restriction imposed or to be imposed; or
(b)the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.
(3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—
“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 restriction is to be imposed is depreciated by the acquisition of the right or the imposition of the 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.”
(4) 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) (refusal to convey, failure to make title, etc);
(b)paragraph 10(3) of Schedule 1 (persons without power to sell their interests) (conveyance of the land or interest);
(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 so 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 acquired or the restriction which is to be imposed is vested absolutely in the acquiring authority.
(5) Section 11 (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by sub-section (1) of that section (as it applies to a compulsory acquisition), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restriction; and sections 11A(3) (powers of entry: further notices of entry), 11B(4) (counter-notice requiring possession to be taken on specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.
(6) Section 20 (tenants at will, etc.) of the 1965 Act 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 of that land, 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 restriction in question.
(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 24(4) is also modified so 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 acquired, subject to compliance with that section as respects compensation.
(8) For Schedule 2A of the 1965 Act substitute—
Section 8
“SCHEDULE 2ACOUNTER-NOTICE REQUIRING PURCHASE OF LAND NOT IN NOTICE TO TREAT
Introduction
1.—(1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restriction affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 24 (application of the 1981 Act) of the Mona Offshore Wind Farm Order 2025 in respect of the land to which the notice to treat relates.
(2) But see article 25 (acquisition of subsoil only) of the Mona Offshore Wind Farm Order 2025 which excludes the acquisition of subsoil only from this Schedule.
2. In this Schedule, “house” includes any park or garden belonging to a house.
Counter-notice requiring purchase of land
3. A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory.
4. A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.
Response to counter-notice
5. On receiving a counter-notice, the acquiring authority must decide whether to—
(a)withdraw the notice to treat;
(b)accept the counter-notice; or
(c)refer the counter-notice to the Upper Tribunal.
6. The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
7. If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
8. If the authority do not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period.
9. If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.
Determination by the Upper Tribunal
10. On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restriction would—
(a)in the case of a house, building or factory, cause material detriment to the house, building or factory; or
(b)in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
11. In making the determination, the Upper Tribunal must take into account—
(a)the effect of the acquisition of the right or the imposition of the covenant;
(b)the use to be made of the right or covenant proposed to be acquired or imposed; and
(c)if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.
12. If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the acquiring authority ought to be required to take.
13. If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.
14.—(1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of six weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.
(2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawing of the notice.
15. Any dispute as to the compensation is to be determined by the Upper Tribunal.”
Article 39
SCHEDULE 10Protective provisions
PART 1Protection of electricity, gas, water and sewerage undertakers
1. For the protection of the undertakers referred to in this Part the following provisions must, unless otherwise agreed in writing between the undertaker and the affected undertaking concerned, have effect.
2. In this Part—
“affected undertaker” means—
(a)
any licence holder within the meaning of Part 1 of the Electricity Act 1989;
(b)
a gas transporter within the meaning of Part 1 of the Gas Act 1986;
(c)
a water undertaker within the meaning of the Water Industry Act 1991; and
(d)
a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991;
for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained;
“alternative apparatus” means alternative apparatus adequate to enable the affected undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means—
(a)
in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989) belonging to or maintained by that licence holder;
(b)
in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;
(c)
in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by the affected undertaker for the purposes of water supply; and any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991 at the time of the works mentioned in this Part; and
(d)
in the case of a sewerage undertaker—
(i)
any drain or works vested in the sewerage undertaker under the Water Industry Act 1991; and
(ii)
any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act;
and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
“functions” includes powers and duties; and
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land.
3. This Part does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.
Acquisition of land
4. Regardless of any provision of this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.
Removal of apparatus
5.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed that apparatus must not be removed under this Part, and any right of an affected undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question.
(2) If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the affected undertaker in question 28 days’ written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an affected undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the affected undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the affected undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
(4) Any alternative apparatus to be constructed in land of the undertaker under this Part must be constructed in such manner and in such line or situation as may be agreed between the affected undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 45 (arbitration).
(5) The affected undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 45 (arbitration), and after the grant to the affected undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part.
(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the affected undertaker in question that the undertaker desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the affected undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the affected undertaker.
(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.
Facilities and rights for alternative apparatus
6.—(1) Where, in accordance with the provisions of this Part, the undertaker affords to an affected undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the affected undertaker in question or in default of agreement settled by arbitration in accordance with article 45 (arbitration).
(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the affected undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that affected undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Retained apparatus
7.—(1) Not less than 28 days before starting the execution of any works of the type referred to in sub-paragraph 5(2) that are required within 15 metres, or will or may affect, any apparatus the removal of which has not been required by the undertaker under sub-paragraph 5(2) the undertaker must submit to the affected undertaker in question a plan, section and description of the works to be executed.
(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the affected undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the affected undertaker is entitled to watch and inspect the execution of those works.
(3) Any requirements made by a utility undertaker under sub-paragraph (2) are to be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) is submitted to it.
(4) If an affected undertaker, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, the provisions of this Part apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).
(5) Nothing in this paragraph 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 new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.
(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the affected undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.
Expenses and costs
8.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to an affected undertaker the reasonable expenses incurred by that affected undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus (including costs or compensation payable in connection with the acquisition of land for that purpose) which may be required in consequence of the execution of any such works as are referred to in sub-paragraph 5(2).
(2) The value of any apparatus removed under the provisions of this Part must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.
(3) If in accordance with the provisions of this Part—
(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated;
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 45 (arbitration) to be necessary then, if such placing involves cost exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the affected undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.
(4) For the purposes of sub-paragraph (3)—
(a)an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.
(5) An amount which apart from this sub-paragraph would be payable to an affected undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the affected undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.
9.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 5(2) any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—
(a)bear and pay the cost reasonably incurred by that affected undertaker in making good such damage or restoring the supply; and
(b)make reasonable compensation to that affected undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker;
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 a utility undertaker, its officers, servants, contractors or agents.
(3) An affected undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
Miscellaneous
10. Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and an affected undertaker in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.
11. Any difference or dispute arising between the undertaker and the affected undertaker under this Part must, unless otherwise agreed in writing between the undertaker and the affected undertaker, be determined by arbitration in accordance with article 45 (arbitration).
PART 2Protection for operators of electronic communications code networks
12. For the protection of any operator, the following provisions shall, unless otherwise agreed in writing between the undertaker and the operator, have effect.
13. In this Part—
“the 2003 Act” means the Communications Act 2003;
“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system I construed in accordance with paragraph 1(3A) of that code;
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“electronic communications code” has the same meaning as in Chapter 1 of Part 2 (networks, services and the radio spectrum) of the 2003 Act;
“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 undertaker 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.
14. The exercise of the powers conferred by article 30 (statutory undertakers) is subject to Part 10 of Schedule 3A (the electronic communications code) to the 2003 Act.
15.—(1) Subject to sub-paragraphs (2) to (4), if as a result of the authorised development or its construction, or of any subsidence resulting from the authorised development—
(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 the authorised development, 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 and, if such consent is withheld, the undertaker 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 must be referred to and settled by arbitration under article 45 (arbitration).
(5) This Part 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 (street works in England and Wales) 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 project.
(6) Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.
PART 3For the protection of Dŵr Cymru Cyfyngedig (DC)
16. For the protection of DC referred to in this Part 3 of Schedule 10, the following provisions, unless otherwise agreed in writing between the undertaker and DC, have effect.
17. In this Part of this Schedule—
“accessories” has the same meaning as that set out in section 219 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;
“DC apparatus” means all apparatus or accessories vested in or belonging to DC 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 DC apparatus that is less than 300mm in diameter; or
(b)
within 6 metres either side of a DC apparatus where the DC apparatus is 300mm in diameter or more;
“DC” means Dŵr Cymru Cyfyngedig, a limited company registered in Wales under Company No. 2366777 and having its registered office at Dwr Cymru Welsh Water, Linea, Fortran Road, St Mellons, Cardiff, Wales, CF3 0LT 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 DC apparatus and intended works;
“emergency works” has the same meaning as in section 52 of the 1991 Act;
“functions” has the same meaning as in section 219 WIA 1991 and includes powers and duties;
“in” in a context referring to DC apparatus in land includes a reference to DC apparatus under, over or upon land;
“sustainable drainage system” means any structure designed to receive rainwater and other surface water where such structure includes 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(5); 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 within 15 metres measured in any direction of any DC apparatus, or reasonably likely to affect any DC apparatus together with all ancillary actions relating hereto, and
for the avoidance of doubt, all other terms are as defined in Part 3 of this Schedule or article 2 (interpretation) of this Order.
18.—(1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker is not to acquire any DC apparatus or its accessories or override or extinguish any easement or other interest of DC or acquire any land or other interest of DC identified in the book of reference or create any new rights over the same otherwise than by agreement with DC (not to be unreasonably withheld or delayed) 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 DC’s rights to access DC apparatus or accessories but subject always to paragraphs 7 and 8 of this Part and to the undertaker giving DC 28 days’ notice of such interference.
Precedence of the WIA 1991
19.—(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 DC 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 DC apparatus, including without limitation—
(a)sections 41-44 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 98-101 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 (inclusive) 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 DC 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;
(k)section 185 of the WIA 1991 in respect of the removal, diversion or alteration of DC apparatus.
(2) The arbitration provisions at article 45 (arbitration) of this Order must not apply where DC uses a warrant of entry in accordance with the provisions of the WIA 1991.
Protection of DC apparatus
20.—(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 DC apparatus the removal or alteration of which has not been required by the undertaker under paragraph 19(l), the undertaker must submit to DC written notice together with a draft specification. For the purposes of preparing the draft specification DC must, following a written request and subject to such reasonable conditions as may be imposed by DC (including in respect of payment of its reasonable costs in meeting the request), provide the undertaker with copies of such plans and records of its apparatus as may be held by DC.
(2) DC is to 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) will be repeated where those amendments are not accepted by the undertaker). For the avoidance of doubt, DC’s proposed amendments may include such reasonable requirements for the alteration (including but not limited to the extension of DC apparatus) or otherwise for the protection of DC apparatus, or for securing access to it.
(3) If after the expiry of 28 days DC has not communicated approval or disapproval under sub-paragraph (2), the undertaker may write to DC at PlanandProtect@dwrcymru.com or such other address as DC may appoint instead for that purpose and notify the undertaker in writing clearly stating that no response has been received from DC under sub-paragraph (2) and that a response must be provided to the undertaker within 14 days from the date of receipt of the correspondence sent under this sub-paragraph (3) and if no response is received within 14 days from the date of receipt DC is deemed to have approved the plans as supplied under sub-paragraph (2).
(4) Once approved under sub-paragraph (2) or (3), the draft specification is to become the specification and the works are to be executed only in accordance with the specification and such reasonable requirements as may be made in accordance with sub‑paragraph (2) and DC is entitled to watch and inspect the execution of those works.
(5) Nothing in this paragraph 20 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 20 apply to and in respect of the new draft specification.
(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency provided it has complied with paragraph 8 below save that the undertaker is to comply with sub-paragraphs (1) and (4) above in so far as is reasonably practicable in the circumstances.
(7) DC may opt to carry out any temporary and/or protective works specified under sub-paragraph (2) to DC apparatus, and if DC opts to do so it will—
(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 is to agree with undertaker the reasonable costs of the works to be met by the undertaker;
(c)following agreement and payment of the costs, DC will 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.
(8) Where DC apparatus will be affected by the works the undertaker must determine the exact location of DC apparatus prior to any works being carried out by the undertaker.
(9) The undertaker must give DC at least 7 days’ advance written notice of making any trial holes within 15 metres measured in any direction of any DC apparatus which must include details of the timings and location of the trial holes and allow a representative of DC to attend and observe these works.
(10) Any affected DC apparatus which is no longer required by DC but is not removed shall be transferred to the undertaker by way of a deed of transfer from DC at the undertaker’s expense and on such terms as DC reasonably requires.
Suspension of works
21.—(1) DC is entitled to instruct the undertaker to suspend the relevant works if in DC’s reasonable and proper 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 DC apparatus. In the event of such instruction being given by DC—
(a)the undertaker must procure that it and its contractor(s) and subcontractor(s) shall forthwith suspend or cease the works having due regard to health and safety factors and shall discuss and agree with DC the remedial actions required prior to resuming the works;
(b)the undertaker and DC must act reasonably and without delay in discussing and agreeing any remedial actions required prior to resuming the works;
(c)DC 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 DC fails to supply the written notice within 5 days of suspension DC’s instruction to suspend the works will be void and the undertaker will be entitled to recommence the works; and
(e)DC must commence, carry out and complete any remedial works pursuant to this sub-paragraph (1), as soon as reasonably practicable and DC must give the undertaker notice immediately upon completion of such remedial works and on receipt of such notice the undertaker is entitled to resume the works.
(2) DC is entitled to reclaim all reasonable costs of all remedial works undertaken in accordance with this paragraph 21.
Co-Operation
22.—(1) In the event that either the undertaker or DC (for the purpose of this paragraph 22 “the party” or together “the parties”) wishes to take any action which would impact on the ability of the undertaker to carry out the authorised development or DC 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 7(1), to the extent that this refers to ‘work’ or ‘works’ to be undertaken by DC, the definition of works in paragraph 2 of this Part does not apply.
(2) Subject to paragraph 23, differences or disputes arising between the undertaker and DC under this Schedule will, unless otherwise agreed in writing between the undertaker and DC, be determined by arbitration in accordance with article 45 (arbitration) of the Order.
(3) For the avoidance of doubt whenever DC’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by DC is required, it must not be unreasonably withheld or delayed.
Emergency Works
23.—(1) The undertaker is permitted to carry out emergency works provided that it first notifies DC of the proposed emergency works. For the avoidance of doubt, in the event that DC suffers any loss, cost or damage as a result of the emergency action taken by the undertaker without prior notification the indemnity in paragraph 24 will apply.
(2) DC must at all times be permitted to carry out any emergency works in relation to its DC apparatus within the Order limits in accordance with Part II Schedule 6 WIA 1991.
(3) Emergency works required in order for DC to fulfil its statutory functions under sub-paragraph (2) 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 8, to the extent that this is ‘work’ or ‘works’ to be undertaken by DC, the definition of works in paragraph 2 of this Part does not apply.
Damage to DC apparatus
24.—(1) If, for any reason or in consequence of the construction of any of the works, any damage is caused to any DC apparatus (other than DC apparatus, the repair of which is not reasonably necessary in view of its intended removal for the purposes of the works), or there is any interruption in any service provided, or in the supply of any goods, by DC, the undertaker must—
(a)bear and pay on demand accompanied by an invoice or claim by DC the cost reasonably and properly incurred and documented by DC in making good any damage or restoring the supply; and
(b)make reasonable compensation to DC for any other expenses, loss, damages, penalty or costs incurred by DC, by reason or in consequence of any the damage or interruption.
(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect of—
(a)any damage or interruption to the extent that it is attributable to the act, neglect or default of DC, its officers, employees, contractors or agents; and / or
(b)any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable.
(3) DC must give the undertaker reasonable notice of any such claim or demand and no settlement, admission of liability or compromise or demand is to be made without the consent of the undertaker.
(4) Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and DC in respect of any DC apparatus laid or erected in land belonging to the undertaker on the date on which the Order is made.
(5) DC must use its reasonable endeavours to mitigate in whole or in part and to minimise any claims, costs, expenses, losses, damages, demands, and penalties to which the indemnity under this paragraph 24 applies. If requested to do so by the undertaker, DC must provide an explanation of how the claim has been minimised. The undertaker will only be liable under this paragraph 9 for claims reasonably incurred by DC.
PART 4For the protection of SP Manweb as electricity undertaker
Application
25. The following provisions have effect for the protection of SP Manweb unless otherwise agreed in writing between the undertaker and SP Manweb.
Interpretation
26. In this Part of this Schedule—
“alternative apparatus” means appropriate alternative apparatus to enable SP Manweb to fulfil its statutory functions in a manner no less efficient than previously (to the reasonable satisfaction of SP Manweb);
“apparatus” means electric lines or electrical plant as defined in the 1989 Act, belonging to or maintained by SP Manweb together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of SP Manweb for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;
“authorised development” has the same meaning as is given to the term “authorised development” in article 2 (interpretation) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised development and construction of any works authorised by this Part of this Schedule;
“commence” has the same meaning as in article 2 of this Order and commencement must be construed to have the same meaning;
“deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary and/or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;
“functions” includes powers and duties;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
“maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of SP Manweb including construct, use, repair, alter, inspect, renew or remove the apparatus;
“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;
“SP Manweb” means SP Manweb PLC (Company No. 02366937) whose registered office is at 3 Prenton Way, Prenton, CH43 3ET or any successor company;
“specified works” means any of the authorised development or activities undertaken in association with the authorised development which:
(a)
will or may be situated under, over or within 15 metres (measured in any direction) of any apparatus the removal of which has not been required by the undertaker under paragraph 29(2) or otherwise;
(b)
is reasonably likely to adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 5(2) or otherwise; and/or
(c)
include any of the activities that are referred to in SP Manweb’s polices for development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines” and guidance note 47 “Avoiding Danger from Underground Services”.
On Street Apparatus
27. Except for paragraphs 31, 32 and 33 of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of SP Manweb, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and SP Manweb are regulated by the provisions of Part 3 of the 1991 Act.
Acquisition of land
28.—(1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not appropriate or acquire or take temporary possession of any land interest of SP Manweb or appropriate, acquire, extinguish, interfere with or override any easement or other interest or right and/or apparatus of SP Manweb otherwise than by agreement (such agreement not to be unreasonably withheld or delayed).
(2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised development (or in such other timeframe as may be agreed between SP Manweb and the undertaker) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement and/or other legal or land interest of SP Manweb and/or affects the provisions of any enactment or agreement regulating the relations between SP Manweb and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as SP Manweb reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between SP Manweb and the undertaker acting reasonably and which must be no less favourable on the whole to SP Manweb unless otherwise agreed by SP Manweb, and it will be the responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised development.
(3) Where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by SP Manweb and/or other enactments relied upon by SP Manweb as of right or other use in relation to the apparatus, then the provisions in this Schedule must prevail.
(4) No agreement or consent granted by SP Manweb under any other paragraph of this Part of this Schedule constitutes agreement under sub-paragraph (1).
Removal of apparatus
29.—(1) If, in the exercise of the agreement reached in accordance with paragraph 4 or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of SP Manweb to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of SP Manweb in accordance with sub-paragraphs (2) to (5) inclusive.
(2) If, for the purpose of executing any specified works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to SP Manweb at least 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order SP Manweb reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and afford to SP Manweb to its satisfaction (taking into account paragraph 30(1) below) the necessary facilities and rights—
(a)for the construction of alternative apparatus in other land of or land secured by the undertaker; and
(b)subsequently for the use and maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, SP Manweb must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between SP Manweb and the undertaker.
(5) SP Manweb must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to SP Manweb of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
(6) Where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus/including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by SP Manweb and/or other enactments relied upon by SP Manweb as of right or other use in relation to the apparatus, then the provisions in this Schedule must prevail.
Facilities and rights for alternative apparatus
30.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for SP Manweb facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and SP Manweb and must be no less favourable on the whole to SP Manweb than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by SP Manweb.
(2) If the facilities and rights to be afforded by the undertaker and agreed with SP Manweb under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to SP Manweb than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject in the matter will be referred to arbitration in accordance with paragraph 37 of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to SP Manweb as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. In respect of the appointment of an arbitrator under this sub-paragraph, article 45 (arbitration) applies.
Retained apparatus: Protection of SP Manweb as Electricity Undertaker
31.—(1) Not less than 56 days before the commencement of any specified works the removal of which has not been required by the undertaker under paragraph 29(2), the undertaker must submit to SP Manweb a plan of the works to be executed and seek from SP Manweb details of the underground extent of their electricity tower foundations.
(2) In relation to specified works which will or may be situated on, over, under or within (i) 15 metres measured in any direction of any apparatus, or (ii) involve embankment works within 15m of any apparatus, the plan to be submitted to SP Manweb under sub-paragraph (1) must include a method statement which, as far as is relevant, is consistent with the outline onshore construction method statement together with the outline code of construction practice or, in both cases, as subsequently updated and approved and provided by the undertaker to SP Manweb and show and describe—
(a)the exact position of the specified works;
(b)the level at which the specified works are proposed to be constructed or renewed;
(c)the manner of their construction or renewal;
(d)the position of all apparatus;
(e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and
(f)any intended maintenance regimes.
(3) In relation to any specified works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity supports or 15 metres for 132kV apparatus or between any two or more adjacent electricity supports which are within the Order limits or within 10 metres of the Order limits, the plan to be submitted under sub-paragraph (1) must include a method statement which, in addition to the matters set out in sub-paragraph (2), must—
(a)describe details of any cable trench design including route, dimensions, clearance to support foundations;
(b)demonstrate that support foundations will not be affected prior to, during and post construction;
(c)describe load bearing capacities of trench supporting structures;
(d)describe details of cable installation methodology including access arrangements, jointing bays and backfill methodology;
(e)provide a written management plan for high voltage hazard during construction and ongoing maintenance of the cable route;
(f)provide written details of the operations and maintenance regime for the cable, including frequency and method of access;
(g)provide an assessment of earth rise potential if reasonably required by SP Manweb’s engineers;
(h)provide evidence that trench collapse resistance and supporting structures bearing capacity are to be designed to 26 tonnes to take the weight of overhead line construction traffic.
(4) The undertaker must not commence any works to which sub-paragraph (2) or (3) applies until SP Manweb has given written approval of the plan so submitted provided that SP Manweb must not unreasonably delay notification of its approval or disapproval.
(5) Any approval of SP Manweb required under sub-paragraph (4)—
(a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (7) or (9); and
(b)must not be unreasonably withheld or delayed.
(6) If after the expiry of 56 days SP Manweb has not communicated approval or disapproval, SP Manweb is deemed to have approved the plans as supplied.
(7) In relation to any work requiring the submission of a plan under sub-paragraph (1), SP Manweb may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus and SP Manweb must notify the undertaker of such modifications within a period of 56 days beginning with the date on which the plan required under sub-paragraph (1) has been submitted to SP Manweb.
(8) Works requiring the submission of a plan under sub-paragraph (1) must only be executed in accordance with the plan as approved or as amended from time to time by agreement between the undertaker and SP Manweb and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5), (7) or (9) by SP Manweb for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and SP Manweb will be entitled to watch and inspect the execution of those works.
(9) Where SP Manweb reasonably requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to SP Manweb’s reasonable satisfaction prior to the commencement of any authorised development (or any relevant part thereof) for which protective works are required and SP Manweb must give 56 days’ notice of such works from the date of submission of a plan pursuant to sub-paragraph (1) (except in an emergency).
(10) If SP Manweb in accordance with sub-paragraphs (7) or (9) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, sub-paragraphs (1) to (3) and (7) to (9) apply as if the removal of the apparatus had been required by the undertaker under paragraph 29(2).
(11) Nothing in this paragraph 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 the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph must apply to and in respect of the new plan.
(12) The undertaker must not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to the SP Manweb notice as soon as is reasonably practicable and a plan of those works and must—
(a)comply with sub-paragraphs (7), (8) and (9) insofar as is reasonably practicable in the circumstances; and
(b)comply with sub-paragraph (13) at all times.
(13) At all times when carrying out any works authorised under the Order, the undertaker must comply with statutory requirements and guidelines for development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines” in relation to any apparatus and aligning with SP Manweb guidelines.
Expenses
32.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to SP Manweb on demand all reasonable charges, costs and expenses reasonably incurred by SP Manweb in direct consequence of the execution of any authorised development including without limitation in respect of—
(a)any costs reasonably incurred by or compensation properly paid by SP Manweb in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by SP Manweb as a consequence of SP Manweb—
(i)using its own compulsory purchase powers to acquire any necessary rights under paragraph 29(3); and/or
(ii)exercising any compulsory purchase powers in the Order transferred to or benefitting SP Manweb;
(b)in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;
(c)the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;
(d)the approval of plans;
(e)the carrying out of protective works (including any temporary protective works and their removal);
(f)the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.
(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 45 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to SP Manweb by virtue of sub-paragraph (1) will be reduced by the amount of that excess
(4) For the purposes of sub-paragraph (3)—
(a)an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.
(5) An amount which apart from this sub-paragraph would be payable to SP Manweb in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on SP Manweb any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.
Indemnity
33.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by it) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development) or property of SP Manweb, or if there is any interruption in any service provided, or in the supply of any goods by SP Manweb, or SP Manweb becomes liable to pay any amount to any third party, the undertaker must—
(a)bear and pay on demand accompanied by an invoice or claim from SP Manweb the cost reasonably and properly incurred by SP Manweb in making good such damage or restoring the supply; and
(b)indemnify SP Manweb for any other expenses, loss, demands, proceedings, damages, claims, penalties or costs incurred by or recovered from SP Manweb, by reason or in consequence of any such damage or interruption or SP Manweb becoming liable to any third party as aforesaid other than arising from any default of SP Manweb,
provided that at all times SP Manweb will be under an obligation to take reasonable steps to mitigate its loss.
(2) The fact that any act or thing may have been done by SP Manweb on behalf of the undertaker or in accordance with a plan approved by SP Manweb or in accordance with any requirement of SP Manweb as a consequence of the authorised development or under its supervision does not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this paragraph where the undertaker fails to carry out and execute the works properly with due care and attention and in a skilful and workmanlike manner or in a manner that does not materially accord with the approved plan (or as otherwise agreed between the undertaker and SP Manweb pursuant to paragraph 32).
(3) Nothing in sub-paragraph (1) will impose any liability on the undertaker in respect of—
(a)any damage or interruption to the extent that it is attributable to the neglect or default of SP Manweb, its officers, employees, contractors or agents;
(b)any authorised development and/or any other works authorised by this Part of this Schedule carried out by SP Manweb as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the 2008 Act or article 7 (benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised development yet to be executed and not falling within this sub-paragraph 3(b) will be subject to the full terms of this Part of this Schedule including this paragraph in respect of such new apparatus; and / or
(c)any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable.
(4) SP Manweb must give the undertaker reasonable notice of any claim or demand and no settlement, admission of liability or compromise or demand, unless payment is required in connection with a statutory compensation scheme, is to be made without first consulting the undertaker and considering its representations.
Enactments and agreements
34. Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between SP Manweb and the undertaker, nothing in this Part of this Schedule will affect the provisions of any enactment or agreement regulating the relations between the undertaker and SP Manweb in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
Co-operation
35.—(1) Where in consequence of the proposed construction of any of the authorised development, the undertaker or SP Manweb requires the removal of apparatus under paragraph 29(2) or SP Manweb makes requirements for the protection or alteration of apparatus under paragraph 31, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of SP Manweb’s undertaking and SP Manweb must use its best endeavours to co-operate with the undertaker for that purpose.
(2) For the avoidance of doubt whenever SP Manweb’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by SP Manweb is required, it must not be unreasonably withheld or delayed.
Access
36. If in consequence of the agreement reached in accordance with paragraph 28(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable SP Manweb to maintain or use the apparatus no less effectively than was possible before such obstruction.
Arbitration
37. Save for differences or disputes arising under paragraphs 29(1), 29(2), 29(4) and 31 any difference or dispute arising between the undertaker and SP Manweb under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and SP Manweb, determined by arbitration in accordance with article 45 (arbitration).
PART 5For the protection of Wales and West Utilities
38. For the protection of Wales and West Utilities as referred to in this part of this Schedule the provisions of this Part have effect unless otherwise agreed in writing between the undertaker and Wales and West Utilities Limited.
39. In this Part—
“alternative apparatus” means alternative apparatus adequate to enable Wales and West Utilities to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means any mains, pipes or other apparatus belonging to or maintained by Wales and West Utilities for the purposes of carrying out its statutory undertaking and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
“authorised development” has the same meaning as in article 2 (interpretation) of this Order and (unless otherwise specified) for the purposes of this Schedule shall include associated development and the construction, use, maintenance and decommissioning of the authorised development;
“functions” includes powers and duties;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;
“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;
“protective works” means the underpinning, strengthening and any other works the purpose of which is to prevent damage that may be caused by the carrying out, maintenance or use of the authorised development for the purposes of paragraph 8 below;
“security infrastructure” includes cameras, perimeter fencing, fencing and gates and any other security measures required in order to ensure an appropriate level of security in respect of the authorised development or any apparatus;
“specified work” means so much of any of the works comprised in the authorised development or activities undertaken in association with the authorised development which:
(a)
are in, on or under any land purchased, leased, held, appropriated or used under this Order, are within a Wales and West Utilities easement area for apparatus, are within the same section of highway as Wales and West apparatus or will or may affect any apparatus the removal of which is not required under paragraph 6 of this Schedule; and/or
(b)
will or may be situated within 4 metres measured in any direction of any security infrastructure belonging to or maintained by Wales and West Utilities;
“Wales and West Utilities” means Wales and West Utilities Limited (Company No. 05046791) whose registered office is at Wales & West House, Spooner Close Coedkernew, Newport, South Wales, NP10 8FZ and includes any successor in title in respect of the apparatus or any successor gas transporter (within the meaning of Part 1 of the Gas Act 1986) within the area of the authorised development.
On street apparatus and offshore works
40. This Part does not apply to—
(a)apparatus in respect of which the relations between the undertaker and Wales and West Utilities are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; and
(b)the offshore works.
Apparatus in streets subject to temporary restriction
41. Regardless of the temporary restriction of use of streets under the powers conferred by article 12 (temporary restriction of use of streets), Wales and West Utilities is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to use and maintain any apparatus which at the time of the restriction was in that street.
Acquisition by agreement
42. Regardless of any provision of this Order or anything shown on the land plans, or contained in the book of reference to the Order, the undertaker must not (a) appropriate or acquire any apparatus or (b) appropriate, acquire or extinguish, interfere with or override any easement, other interest or right and/or acquire any apparatus belonging to or maintained by Wales and West Utilities, otherwise than by agreement.
Removal of apparatus
43.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in, on or under any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that Wales and West Utilities’ apparatus is relocated or diverted, that apparatus must not be removed under this Part, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished or interfered with until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of Wales and West Utilities in accordance with sub-paragraphs (2) to (5).
(2) If, for the purpose of executing any works in, on or under any land purchased, leased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give Wales and West Utilities at least 28 days’ written notice of that requirement, together with a plan, description and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed; and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Wales and West Utilities reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (4), afford to Wales and West Utilities the necessary facilities and rights, for the construction of, and access to alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus along with any appropriate working areas.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, Wales and West Utilities must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
(4) Any alternative apparatus to be constructed in land of the undertaker under this Part must be constructed in such manner and in such line or situation as may be agreed between Wales and West Utilities and the undertaker or in default of agreement settled by arbitration in accordance with article 45 (arbitration).
(5) Wales and West Utilities must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 45 (arbitration), and after the grant to Wales and West Utilities of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be removed under the provisions of this Part.
Facilities and rights for alternative apparatus
44.—(1) Where, in accordance with the provisions of this Part, the undertaker affords to Wales and West Utilities facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed or decommissioned, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Wales and West Utilities or in default of agreement settled by arbitration in accordance with article 45 (arbitration).
(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Wales and West Utilities than the facilities and rights enjoyed by it in respect of the apparatus to be removed or decommissioned and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Wales and West Utilities as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Retained apparatus
45.—(1) Not less than 42 days before starting the execution of any specified works in, on or under any land purchased, held, leased, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 43(2), the undertaker must submit to Wales and West Utilities a plan, section and description of the works to be executed.
(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by Wales and West Utilities for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Wales and West Utilities is entitled to watch and inspect the execution of those works.
(3) Any requirements made by Wales and West Utilities under sub-paragraph (2) must be made within a period of 42 days beginning with the date on which a plan, section and description under sub-paragraph (1) is submitted to it.
(4) If Wales and West Utilities, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal or decommissioning of any apparatus or any protective works and gives written notice to the undertaker of that requirement, the provisions of this Part apply as if the removal or decommissioning of the apparatus or the protective works had been required by the undertaker under paragraph 43(2).
(5) Nothing in this paragraph 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 new plan, description and section instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.
(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to Wales and West Utilities notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.
Expenses and costs
46.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to Wales and West Utilities the reasonable expenses reasonably incurred by Wales and West Utilities in, or in connection with, the inspection, relaying, replacing, removal, decommissioning, alteration or protection of any apparatus or security infrastructure or the construction of any new apparatus or security infrastructure which may be required in consequence of the execution of any such works as are referred to in paragraph 43(2) or any specified work.
(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule and provided that the change is not required by industry standard guidance or legislation—
(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 45 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Wales and West Utilities by virtue of sub-paragraph (1) will be reduced by the amount of that excess.
(4) For the purposes of sub-paragraph (2)—
(a)an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.
(5) Subject to sub-paragraphs (3) and (4) if by reason or in consequence of the construction of any such works referred to in paragraph 43(2) or any specified work any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Wales and West Utilities, or there is any interruption in any service provided, or in the supply of any goods, by Wales and West Utilities, the undertaker must—
(a)bear and pay the cost reasonably incurred by Wales and West Utilities in making good such damage or restoring the supply; and
(b)make reasonable compensation to Wales and West Utilities for any other expenses, loss, damages, penalty or costs incurred by Wales and West Utilities,
by reason or in consequence of any such damage or interruption.
(6) The fact that any act or thing may have been done by Wales and West Utilities on behalf of the undertaker or in accordance with a plan, section or description approved by Wales and West Utilities or in accordance with any requirement of Wales and West Utilities or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).
(7) 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 Wales and West Utilities, its officers, servants, contractors or agents.
(8) Wales and West Utilities must give the undertaker reasonable notice of any claim or demand and no settlement, admission of liability or compromise or demand must be made, unless payment is required in connection with a statutory compensation scheme, without first consulting the undertaker and considering its representations.
Co-operation
47. Where in consequence of the proposed construction of any part of the authorised development, the undertaker or Wales and West Utilities requires the removal or decommissioning of apparatus under paragraph 43(2) or Wales and West Utilities makes requirements for the protection or alteration of apparatus under paragraph 45, the undertaker must use all reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Wales and West Utilities’ undertaking and Wales and West Utilities must use all reasonable endeavours to co-operate with the undertaker for that purpose.
Enactments and agreements
48. Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and Wales and West Utilities in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.
PART 6For the protection of the Welsh Ministers as Strategic Highway Authority
Application
49. The provisions of this Part have effect for the protection of the Welsh Ministers (“the WM”) as the Highway Authority for the A55, in addition to all other applicable statutory protections, unless otherwise agreed in writing between the undertaker and the WM.
Interpretation
50. In this Part—
“strategic highway” means any part of the highway network including trunk roads or special roads which the WM are responsible for;
“NMWTRA” means the North and Mid Wales Trunk Road Agency, who act as the highway agents of the WM and exercise functions relating to the management and operation of the relevant part of the strategic highway on behalf of the WM pursuant to an agreement between the WM and Gwynedd Council under section 6 of the Highways Act 1980. In practice therefore, the procedural matters contained in this Part will be dealt with by NMWTRA on behalf of the WM; and
“works” means—
(a)
that part of Work No. 8 which requires the trenchless installation of the cable under the A55 highway; or
(b)
any other work forming part of the authorised development within or which affects or requires occupation of the strategic highway.
Approvals
51. The crossing of the A55 and its associated assets must only be carried out by trenchless techniques.
52.—(1) Prior to the commencement of the works the undertaker must obtain the written approval of the WM to such works.
(2) When requesting approval under sub-paragraph (1), the undertaker must submit to the WM—
(a)copy of location plan to a scale not less than 1/10,000 showing the location and/or proposed route and siting of the works;
(b)details of the methodology of the works;
(c)details of the proposed timing of the works;
(d)details of any traffic management measures (including signage) proposed in connection with the works; and
(e)where approval is sought for works to or within the carriageway of a strategic highway, evidence of NHSS (National Highways Sector Scheme) certification and Street Works Qualifications.
53. No crossing is to take place until a monitoring regime and the Geotechnical Design Report (GDR as defined by the DMRB CD622 Managing Geotechnical Risk) is agreed and certified by the WM.
54. Approval under this Part may be sought in one or more applications.
55. Any approval of the WM under this Part may be given subject to such reasonable requirements or conditions as the WM may determine.
56. The undertaker must contact any owners or operators of apparatus in, on, over, under or near the strategic highway including other statutory undertakers to ascertain whether their existing or proposed apparatus to within or under the strategic highway is likely to be affected by the works. The undertaker must comply with the requirements and conditions imposed by the owners or operators relating to the protection of existing apparatus in, on, over, under or near the strategic highway likely to be affected by the works.
57. The undertaker must pay a fee of £250 to the WM with any application for approval under this Part.
Indemnity
58. The undertaker indemnifies the WM against any and all claims in respect of injury, damage or loss arising out of—
(a)the placing or presence in the strategic highway of apparatus as part of the works; or
(b)the excavation by any person of any works within the strategic highway.
59. The undertaker (or any person carrying out works on its behalf) must have and maintain in force for the duration of any works to or within the strategic highway network, public liability/third party insurance to the sum of £10 million covering its liability under paragraph 10. The undertaker must provide evidence of such insurance to the WM if requested.
Traffic management
60. The undertaker must contact NMWTRA, the WM RA Control Room, North Wales Traffic Management Centre, Ffordd Sam Parri, Morfa, Conwy, LL32 8HH – Telephone number 01492 564790 before erecting or removal of traffic management measures on the strategic highway on each occasion that erection or removal is required.
61. The undertaker must execute the works in strict accordance with the requirements contained in Chapter 8 of the Traffic Signs Manual (2009) as published by His Majesty’s Stationery Office HMSO and any amendments thereof.
Inspections
62. The WM or any person authorised by them for this purpose is entitled to inspect any works to, within or under the strategic highway while such works are being carried out and following completion of such works.
63. Exercise of the right to inspect under paragraph 62 must be carried out reasonably, in compliance with any requirements of any health and safety requirements in place within the site of any works, and in accordance with the instructions of the undertaker.
64. If required by the WM, the undertaker must provide link boxes (on land outside the limits of the highway) for the purpose of inspecting and maintaining the apparatus under the highway.
65.—(1) The undertaker must compensate the WM in respect of any loss, damage, charge, cost or expense suffered or incurred by the WM as a result of the execution, use or maintenance of the works.
(2) Nothing sub-paragraph (1) imposes any liability on the undertaker with respect of any damage to the extent that it is attributable to the act, neglect or default of WM, its officers, employees, contractors or agents.
Reinstatement
66. Any reinstatement of the strategic highway required in connection with or as a consequence of the works must be carried out in strict conformity with the Code of Practice “Specification for the Reinstatement of Openings in Highways”.
67.—(1) Where, in the reasonable opinion of the WM, any reinstatement carried out by the undertaker is defective, three defect inspections will be carried out comprising—
(a)A joint inspection by the WM and the undertaker to determine the nature of the failure and what remedial works need to be carried out;
(b)Inspection by or on behalf of the WM of remedial works in progress; and
(c)Inspection by or on behalf of the WM when remedial works have been completed.
(2) The undertaker must pay an inspection fee of £47.50 for each inspection carried out under this paragraph.
68. Any and all costs associated with the reinstatement work will be met by the undertaker.
Notice of completion of Works
69. The undertaker must notify the WM of the completion of works approved by the WM under this Part within 10 working days of such completion.
70. The undertaker must supply the WM with as built records of any apparatus sited within or under the strategic highway within 10 working days of the completion of works, including, in particular, the location and depth of any electrical cables on a plan to a scale of 1/500 with a longitudinal and vertical accuracy of + or - 100mm.
71. The undertaker must submit a Geotechnical Feedback Report (GFR as defined in the DMRB CD622 Managing Geotechnical Risk) including all monitoring results and as built drawings to the WM no later than six months from the date of completion.
72. After the apparatus has been placed, the undertaker must not carry out any further works or maintenance to the apparatus or works or any other works involving excavation within the boundaries of the strategic highway without the prior written approval of the WM, and any such works must be carried out and completed to the satisfaction of WM.
Arbitration
73. Any difference or dispute arising between the undertaker and the WM under this Part must, unless otherwise agreed in writing between the undertaker and the WM, be determined by arbitration in accordance with article 45 (arbitration) of the Order.
Notices
74. The plans submitted to the WM by the undertaker pursuant to this Part must be submitted to North & Mid Wales Trunk Road Agent, Unit 5 Llys Britannia, Parc Menai, Bangor, Gwynedd, LL57 4BN and streetworks@nmwtra.org.uk or such other address as the WM may from time to time appoint instead for that purpose and notify to the undertaker in writing.
Cease of Use or Abandonment
75. If the undertaker proposes to cease using or abandon the apparatus prior to the decommissioning of the onshore works or to part with his interest in the apparatus, the undertaker must give the WM at least 6 weeks’ notice before doing so.
76. If the apparatus is abandoned or the Order is surrendered prior to the decommissioning of the onshore works, the WM may remove the apparatus or alter it in such a manner as they think fit and reinstate the street and may recover from the undertaker the expenses incurred in so doing, except that if the WM is satisfied that the undertaker can within such reasonable time as the WM specify, remove the apparatus or alter it in such manner as the WM require and reinstate the street, the WM may authorise the undertaker to do so at his own expense.
77. If the undertaker proposes to part with his interest in the apparatus, he must before doing so, give notice to the WM stating to whom the benefit of the Order is to be transferred.
Maintenance
78. The undertaker must maintain the apparatus in a good state of repair and condition. The undertaker must if required place and maintain within the limits of the said highway suitable permanent signs of a type and in positions to be approved by the WM for the purpose of indicating as nearly as possible the exact position under the highway in which the said apparatus is laid.
PART 7For the protection of National Grid Electricity Transmission Plc as electricity undertaker
Application
79.—(1) For the protection of National Grid Electricity Transmission Plc as referred to in this Part of this Schedule he following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid Electricity Transmission Plc.
(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid Electricity Transmission Plc, where the benefit of this Order is transferred or granted to another person under article 7 (Benefit of Order) –
(a)any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid Electricity Transmission Plc and the transferee or grantee (as the case may be); and
(b)written notice of the transfer or grant must be given to National Grid Electricity Transmission Plc on or before the date of that transfer or grant.
(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid Electricity Transmission Plc (but without prejudice to paragraph 11(3)b).
Interpretation
80.—(1) In this Part of this Schedule—
“1991 Act” means the New Roads and Street Works Act 1991;
“acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.;
“acceptable insurance” means general third party liability insurance effected and maintained by the undertaker with a combined property damage and bodily injury limit of indemnity of not less than a sum to be notified to the undertaker by National Grid Electricity Transmission Plc and agreed in writing between the parties. Evidence of that insurance must be provided to National Grid Electricity Transmission on request. Such insurance shall be maintained (a) during the construction period of the authorised works; and (b) after the construction period of the authorised works in respect of any use and maintenance of the authorised development by or on behalf of the undertaker which constitute specified works and arranged with an insurer whose security/credit rating meets the same requirements as an “acceptable credit provider”, such insurance shall include (without limitation):
(a)
a waiver of subrogation and an indemnity to principal clause in favour of National Grid Electricity Transmission Plc
(b)
pollution liability for third party property damage and third party bodily damage arising from any pollution/contamination event with a (sub)limit of indemnity of not less than a sum to be notified to the undertaker by National Grid Electricity Transmission Plc and agreed in writing between the parties;
“acceptable security” means either—
(a)
a parent company guarantee from a parent company in favour of National Grid Electricity Transmission Plc to cover the undertaker’s liability to National Grid Electricity Transmission Plc to a total liability cap in an amount to be notified to the undertaker by National Grid Electricity Transmission Plc and agreed in writing between the parties (in a form reasonably satisfactory to National Grid Electricity Transmission Plc and where required by National Grid Electricity Transmission Plc, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee); or
(b)
a bank bond or letter of credit from an acceptable credit provider in favour of National Grid Electricity Transmission Plc to cover the undertaker’s liability to National Grid Electricity Transmission Plc for an amount to be notified to the undertaker by National Grid Electricity Transmission Plc and agreed in writing between the parties (in a form reasonably satisfactory to National Grid Electricity Transmission Plc);
“alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid Electricity Transmission Plc to enable National Grid Electricity Transmission Plc to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means—
(a)
any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by National Grid Electricity Transmission Plc together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid Electricity Transmission Plc for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;
(b)
any electrical lines or electrical plant as defined in the 1989 Act, any mains, pipes, plant or other apparatus belonging to, operated or maintained by National Grid for the purposes of the construction, operation and maintenance of the Bodelwyddan Project, whether temporary or permanent, and includes, where the context so requires, apparatus constructed as part of the authorised development and intended for the beneficial use by National Grid (“Bodelwyddan apparatus”); and
(c)
any electrical lines or electrical plant as defined in the 1989 Act, any mains, pipes, plant or other apparatus belonging to, operated or maintained by National Grid for the purposes of the construction, operation and maintenance of the Connah’s Quay Project, whether temporary or permanent (“Connah’s Quay apparatus”);
“authorised works” has the same meaning as is given to the term “authorised development” in article 2 (interpretation) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;
“Bodelwyddan Project” means the proposed extension of the Bodelwyddan substation, diversion of gas pipeline and overhead electricity line upgrade to be undertaken by National Grid and any temporary construction compound and laydown area for such works;
“Bodelwyddan Site” includes –
(a)
land on which any Bodelwyddan apparatus is situated; and
(b)
land on which Bodelwyddan apparatus is anticipated to be situated which is necessary for the construction, use or maintenance of the Bodelwyddan Project (in so far as the same has been notified by National Grid in writing to the undertaker);
“Connah’s Quay Project” means the proposed reconductoring works to three existing ended circuits (Bodelwyddan, Connah’s Quay and Pentir 1 & 2) from towers 4ZB167 to 4ZB255 to be undertaken by National Grid, including any temporary construction compound, access and laydown area for such works;
“Connah’s Quay Site” includes—
(a)
land on which any Connah’s Quay apparatus is situated; and
(b)
land on which Connah’s Quay apparatus is anticipated to be situated which is necessary for the construction, use or maintenance of the Connah’s Quay Project (in so far as the same has been notified by National Grid in writing to the undertaker);
“commence” and “commencement” in this Part of this Schedule shall include any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment;
“deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;
“functions” includes powers and duties;
“ground mitigation scheme” means a scheme approved by National Grid Electricity Transmission Plc (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;
“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the undertaker to submit for National Grid Electricity Transmission Plc’s approval a ground mitigation scheme;
“ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
“Incentive Deduction” means any incentive deduction National Grid Electricity Transmission Plc Electricity Transmission plc receives under its electricity transmission licence which is caused by an event on its transmission system that causes electricity not to be supplied to a demand customer and which arises as a result of the authorised works;
“maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid Electricity Transmission Plc: construct, use, repair, alter, inspect, renew or remove the apparatus;
“Mona project works” means any part of Work Nos. 22, 22a, 23, 24, 25, 26, 27, 29, 30, 35 or 38 as described in Schedule 1 of this Order (authorised development);
“National Grid Electricity Transmission Plc” means National Grid Electricity Transmission Plc (Company Number. 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989;
“NGESO” means as defined in the STC;
“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;
“parent company” means a parent company of the undertaker acceptable to and which shall have been approved by National Grid Electricity Transmission Plc acting reasonably;
“specified works” means any of the authorised works or activities undertaken in association with the authorised works which—
(a)
will or may be situated over, or within 15 metres measured in any direction of, any apparatus the removal of which has not been required by the undertaker under paragraph 90(2) or otherwise; and/or
(b)
may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 90(2) or otherwise; and/or
(c)
includes any of the activities that are referred to in “development near overhead lines” EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”
“STC” means the System Operator Transmission Owner Code prepared by the electricity Transmission Owners and NGESO as modified from time to time;
“STC Claims” means any claim made under the STC against National Grid Electricity Transmission Plc arising out of or in connection with the de-energisation (whereby no electricity can flow to or from the relevant system through the generator or interconnector’s equipment) of a generator or interconnector party solely as a result of the de-energisation of plant and apparatus forming part of National Grid Electricity Transmission Plc’s transmission system which arises as a result of the authorised works;
“Transmission Owner” means as defined in the STC;
“undertaker” means the undertaker as defined in article 2(1) of this Order.
Interaction with the Bodelwyddan Project and the Connah’s Quay Project
81. Without limiting any other provision of this Part of this Schedule, the undertaker must use reasonable endeavours to avoid any conflict arising between the construction, maintenance and operation of the authorised development and the Bodelwyddan Project and the Connah’s Quay Project. For the purposes of this paragraph, “reasonable endeavours” means—
(a)undertaking consultation on the detailed design and programming of the Mona project works and all works associated with or ancillary to the Mona project works to ensure that the design and programme for the Mona project works does not unreasonably impede or interfere with the Bodelwyddan Project and/or the Connah’s Quay Project;
(b)having regard to the proposed programme of works for the Bodelwyddan Project and/or the Connah’s Quay Project as may be made available to the undertaker by National Grid and facilitating a co-ordinated approach to the programme, land assembly, and the carrying out of the Mona project works and the Bodelwyddan Project and/or the Connah’s Quay Project;
(c)providing a point of contact for continuing liaison and co-ordination throughout the construction and operation of the authorised development; and
(d)keeping National Grid informed on the programme of works for the authorised development.
Mona project works
82. The undertaker must not except with the agreement of National Grid carry out the Mona project works, or any part of it.
83.—(1) Before beginning to construct any Mona project works, or any part of it, the undertaker must submit to National Grid plans of the relevant Mona project works (or part of it) and such further particulars available to it as National Grid may request within 21 days of receipt of the plans reasonably requested.
(2) Any Mona project works must not be constructed except in accordance with such plans as may be approved in writing by National Grid.
84.—(1) Any approval of National Grid required under this Schedule—
(a)must not be unreasonably withheld or delayed;
(b)in the case of a refusal must be accompanied by a statement of grounds or refusal; and
(c)may be given subject to such reasonable requirements as National Grid may have in connection with the safe, economic and efficient construction, commissioning, operation, maintenance and future decommissioning of the Bodelwyddan Project and/or the Connah’s Quay Project or otherwise for the protection of Bodelwyddan apparatus and/or the Connah’s Quay apparatus,
provided always that in relation to a refusal under sub-paragraph (b) or any requirements requested pursuant to sub-paragraph (c) the undertaker shall be permitted to refer such matters to dispute resolution pursuant to paragraph 21.
(2) National Grid must employ reasonable endeavours to respond to the submission of any plans within a period of 56 days from the date of submission of the plans. If National Grid require further particulars, such particulars must be requested by National Grid no later than 21 days from the submission of plans and thereafter National Grid must employ reasonable endeavours to respond to the submission within 56 days from receipt of the further particulars.
85.—(1) The undertaker must give to National Grid not less than 14 days’ notice in writing of its intention to commence construction of any Mona project works and notice in writing of its completion not later than 7 days after the date on which it is completed and National Grid will be entitled by its officer to watch and inspect the construction of such works.
(2) If any part of the Mona project works is constructed otherwise than in accordance with paragraph 84(2) above National Grid may by notice in writing identify the extent to which the Mona project works do not comply with the approved details and request the undertaker at the undertaker’s own expense carry out remedial works so as to comply with the requirements of paragraph 84(2) of this Schedule or such alternative works as may be agreed with National Grid or as otherwise may be agreed between the parties.
(3) Subject to sub-paragraph (4), if within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (2) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, National Grid may execute the works specified in the notice and any reasonable expenditure incurred by National Grid in so doing will be recoverable from the undertaker.
(4) In the event of any dispute as to whether sub-paragraph (2) 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, National Grid will not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 99.
On Street Apparatus
86. Except for paragraphs 88 (apparatus in temporarily closed streets), 93 (retained apparatus: protection of National Grid Electricity Transmission Plc as electricity undertaker), 94 (expenses) and 95 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid Electricity Transmission Plc, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid Electricity Transmission Plc are regulated by the provisions of Part 3 of the 1991 Act.
Apparatus in temporarily closed streets
87.—(1) Where any street is closed under article 12 (temporary restriction of use of streets), if National Grid Electricity Transmission Plc has any apparatus in the street or accessed via that street National Grid Electricity Transmission Plc has the same rights in respect of that apparatus as it enjoyed immediately before the closure and the undertaker must grant to National Grid Electricity Transmission Plc, or procure the granting to National Grid Electricity Transmission Plc of, legal easements reasonably satisfactory to National Grid Electricity Transmission Plc in respect of such apparatus and access to it prior to the closure of any such street or highway but nothing in this paragraph affects any right of the undertaker or National Grid Electricity Transmission Plc to require the removal of that apparatus under paragraph 85 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 9.
(2) Notwithstanding the temporary closure or diversion of any highway under the powers of article 12 (temporary restriction of use of streets), National Grid Electricity Transmission Plc is at liberty at all times to take all necessary access across any such closed highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the closure or diversion was in that highway.
Protective works to buildings
88. The undertaker, in the case of the powers conferred by article 18 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus, the Bodelwyddan Site and/or the Connah’s Quay Site without the written consent of National Grid Electricity Transmission Plc which will not unreasonably be withheld.
Acquisition of land
89.—(1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not (a) appropriate or acquire or take temporary possession of any land or apparatus or (b) appropriate, acquire, extinguish, interfere with or override any easement, other interest or right and/or apparatus of National Grid Electricity Transmission Plc otherwise than by agreement (such agreement not to be unreasonably withheld or delayed).
(2) Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not unless otherwise agreed in writing with National Grid acquire any land forming part of the Bodelwyddan Site and/or the Connah’s Quay Site (such agreement not to be unreasonably withheld or delayed).
(3) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid Electricity Transmission Plc and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid Electricity Transmission Plc or affect the provisions of any enactment or agreement regulating the relations between National Grid Electricity Transmission Plc and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid Electricity Transmission Plc reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid Electricity Transmission Plc and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid Electricity Transmission Plc, and it will be the responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.
(4) Save where otherwise agreed in writing between National Grid Electricity Transmission Plc and the undertaker, the undertaker and National Grid Electricity Transmission Plc agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid Electricity Transmission Plc and/or other enactments relied upon by National Grid Electricity Transmission Plc as of right or other use in relation to the apparatus, then the provisions in this Schedule shall prevail.
(5) Any agreement or consent granted by National Grid Electricity Transmission Plc under paragraph 87 or any other paragraph of this Part of this Schedule, shall not be taken to constitute agreement under sub-paragraph (1).
Removal of apparatus
90.—(1) If, in the exercise of the powers conferred by this Order the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid Electricity Transmission Plc to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of National Grid Electricity Transmission Plc in accordance with sub-paragraph (2) to (5)
(2) If, for the purpose of executing any works comprised in the authorised development in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid Electricity Transmission Plc a minimum of 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid Electricity Transmission Plc reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and afford to National Grid Electricity Transmission Plc to its satisfaction (taking into account paragraph 8(1) below) the necessary facilities and rights—
(a)for the construction of alternative apparatus in other land of or land secured by the undertaker; and
(b)subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid Electricity Transmission Plc may in its sole discretion, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances to assist the undertaker to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for National Grid Electricity Transmission Plc to use its compulsory purchase powers to this end unless it elects to so do.
(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid Electricity Transmission Plc and the undertaker.
(5) National Grid Electricity Transmission Plc must, after the alternative apparatus to be provided or constructed has been agreed, and subject to any necessary legal agreements having been entered into between the parties and the grant to National Grid Electricity Transmission Plc of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
Facilities and rights for alternative apparatus
91.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid Electricity Transmission Plc facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid Electricity Transmission Plc and must be no less favourable on the whole to National Grid Electricity Transmission Plc than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid Electricity Transmission Plc.
(2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid Electricity Transmission Plc under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid Electricity Transmission Plc than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject the matter may be referred to arbitration in accordance with paragraph 98 (Arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid Electricity Transmission Plc as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. In respect of the appointment of an arbitrator under this sub-paragraph, article 45 (arbitration) applies.
Retained apparatus: Protection of National Grid Electricity Transmission Plc as Electricity Undertaker
92.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid Electricity Transmission Plc a plan of the works to be executed and seek from National Grid Electricity Transmission Plc details of the underground extent of their electricity assets.
(2) In relation to specified works the plan to be submitted to National Grid Electricity Transmission Plc under sub-paragraph (1) must include a method statement and describe—
(a)the exact position of the works;
(b)the level at which these are proposed to be constructed or renewed;
(c)the manner of their construction or renewal including details of excavation, positioning of plant;
(d)the position of all apparatus;
(e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;
(f)any intended maintenance regimes;
(g)an assessment of risks of rise of earth issues; and
(h)a ground monitoring scheme, where required.
(3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must in addition to the matters set out in sub-paragraph (2) include a method statement describing—
(a)details of any cable trench design including route, dimensions, clearance to pylon foundations;
(b)demonstration that pylon foundations will not be affected prior to, during and post construction;
(c)details of load bearing capacities;
(d)details of any cable installation methodology including access arrangements, jointing bays and backfill methodology;
(e)a written management plan for high voltage hazard during construction and ongoing maintenance of any cable route;
(f)written details of the operations and maintenance regime for any cable, including frequency and method of access;
(g)assessment of earth rise potential if reasonably required by National Grid Electricity Transmission Plc’s engineers; and
(h)evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to and including 26 tonnes in weight.
(4) The undertaker must not commence any works to which sub-paragraphs (2) or (3) apply until National Grid Electricity Transmission Plc has given written approval of the plan so submitted.
(5) Any approval of National Grid Electricity Transmission Plc required under sub-paragraphs (4)—
(a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (6) or (8); and
(b)may be given subject to such reasonable requirements as National Grid may have in connection with the safe and efficient construction, commissioning, operation and maintenance of the Bodelwyddan Project and/or the Connah’s Quay Project; and
(c)must not be unreasonably withheld.
(6) In relation to any work to which sub-paragraphs (2) or (3) apply, National Grid Electricity Transmission Plc may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.
(7) Works executed under sub-paragraphs (2) or (3) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or as amended from time to time by agreement between the undertaker and National Grid Electricity Transmission Plc and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (6), or (8) by National Grid Electricity Transmission Plc for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid Electricity Transmission Plc will be entitled to watch and inspect the execution of those works.
(8) Where National Grid Electricity Transmission Plc requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid Electricity Transmission Plc’s satisfaction prior to the commencement of any authorised development (or any relevant part thereof) for which protective works are required and National Grid Electricity Transmission Plc shall give 56 days’ notice of its requirement for such works from the date of submission of a plan pursuant to this paragraph (except in an emergency).
(9) If National Grid Electricity Transmission Plc in accordance with sub-paragraphs (6) or (8) and in consequence of the works proposed by the undertaker reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 79 to 81 and 84 to 86 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).
(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised development, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.
(11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid Electricity Transmission Plc notice as soon as is reasonably practicable and a plan of those works and must—
(a)comply with sub-paragraphs (6), (7) and (8) in so far as is reasonably practicable in the circumstances and
(b)comply with sub-paragraph (12) at all times.
(12) At all times when carrying out any works authorised under the Order, the undertaker must comply with National Grid Electricity Transmission Plc’s policies for development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.
Expenses
93.—(1) Save where otherwise agreed in writing between National Grid Electricity Transmission Plc and the undertaker and subject to the following provisions of this paragraph, the undertaker must pay to National Grid Electricity Transmission Plc within 30 days of receipt of an itemised invoice or claim from National Grid Electricity Transmission Plc all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by National Grid Electricity Transmission Plc in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works including without limitation—
(a)any costs reasonably incurred by or compensation properly paid by National Grid Electricity Transmission Plc in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid Electricity Transmission Plc as a consequence of National Grid Electricity Transmission Plc—
(i)using its own compulsory purchase powers to acquire any necessary rights under paragraph 85(3); or
(ii)exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid Electricity Transmission Plc.
(b)in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no legal agreement is otherwise in place;
(c)the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;
(d)the approval of plans;
(e)the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;
(f)the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.
(2) There will be deducted from any sum payable under sub-paragraph the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 45 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid Electricity Transmission Plc by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.
(4) For the purposes of sub-paragraph (3)—
(a)an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.
(5) Any amount which apart from this sub-paragraph would be payable to National Grid Electricity Transmission Plc in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid Electricity Transmission Plc any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.
Indemnity
94.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of National Grid Electricity Transmission Plc, or there is any interruption in any service provided, or in the supply of any goods, by National Grid Electricity Transmission Plc, or National Grid Electricity Transmission Plc becomes liable to pay any amount to any third party, the undertaker will—
(a)bear and pay on demand accompanied by an invoice or claim from National Grid Electricity Transmission Plc the cost reasonably and properly incurred by National Grid Electricity Transmission Plc in making good such damage or restoring the supply; and
(b)indemnify National Grid Electricity Transmission Plc for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid Electricity Transmission Plc, by reason or in consequence of any such damage or interruption or National Grid Electricity Transmission Plc becoming liable to any third party and including STC Claims or an Incentive Deduction other than arising from any default of National Grid Electricity Transmission Plc.
(2) The fact that any act or thing may have been done by National Grid Electricity Transmission Plc on behalf of the undertaker or in accordance with a plan approved by National Grid Electricity Transmission Plc or in accordance with any requirement of National Grid Electricity Transmission Plc or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless National Grid Electricity Transmission Plc fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan
(3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of—
(a)any damage or interruption to the extent that it is attributable to the neglect or default of National Grid Electricity Transmission Plc, its officers, servants, contractors or agents;
(b)any authorised works and/or any other works authorised by this Part of this Shcedule carried out by National Grid Electricity Transmission Plc as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 7 (benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”) any authorised works yet to be executed and not falling within this sub-section 3(b) will be subject to the full terms of this Part of this Schedule including this paragraph 89; and/or
(c)any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable;
(4) National Grid Electricity Transmission Plc must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.
(5) National Grid must Electricity Transmission Plc, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.
(6) National Grid Electricity Transmission Plc must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid Electricity Transmission Plc’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid Electricity Transmission Plc’s control and if reasonably requested to do so by the undertaker National Grid Electricity Transmission Plc must provide an explanation of how the claim has been minimised, where relevant.
(7) Not to commence construction (and not to permit the commencement of such construction) of the authorised works on any land owned by National Grid Electricity Transmission Plc or in respect of which National Grid Electricity Transmission Plc has an easement or wayleave for its apparatus or any other interest or to carry out any works within 15 metres of National Grid Electricity Transmission Plc’s apparatus until the following conditions are satisfied—
(a)unless and until National Grid Electricity Transmission Plc is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has first provided the acceptable security (and provided evidence that it shall maintain such acceptable security for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works) and National Grid Electricity Transmission Plc has confirmed the same to the undertaker in writing; and
(b)unless and until National Grid Electricity Transmission Plc is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and provided evidence to National Grid Electricity Transmission Plc that it shall maintain such acceptable insurance for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works) and National Grid Electricity Transmission Plc has confirmed the same in writing to the undertaker.
(8) In the event that the undertaker fails to comply with 89(7) of this Part of this Schedule, nothing in this Part of this Schedule shall prevent National Grid Electricity Transmission Plc from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.
Enactments and agreements
95. Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between National Grid Electricity Transmission Plc and the undertaker, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid Electricity Transmission Plc in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
Co-operation
96.—(1) Where in consequence of the proposed construction of any part of the authorised works the undertaker or National Grid Electricity Transmission Plc requires the removal of apparatus under paragraph 85(2) or National Grid Electricity Transmission Plc makes requirements for the protection or alteration of apparatus under paragraph9, the undertaker shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of National Grid Electricity Transmission Plc’s undertaking and National Grid Electricity Transmission Plc shall use its best endeavours to co-operate with the undertaker for that purpose.
(2) For the avoidance of doubt whenever National Grid Electricity Transmission Plc’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.
Access
97. If in consequence of the agreement reached in accordance with paragraph 84(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid Electricity Transmission Plc to maintain or use the apparatus no less effectively than was possible before such obstruction.
Arbitration
98. Save for differences or disputes arising under paragraphs 90(2), 90(4), 91(1) and 92 any difference or dispute arising between the undertaker and National Grid Electricity Transmission Plc under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid Electricity Transmission Plc, be determined by arbitration in accordance with article 45 (arbitration).
Notices
99. Notwithstanding article 42 (service of notices), any plans submitted to National Grid Electricity Transmission Plc by the undertaker pursuant to paragraph 97 must be submitted using the LSBUD system (https://lsbud.co.uk/) or to such other address as National Grid Electricity Transmission Plc may from time to time appoint instead for that purpose and notify to the undertaker in writing.
PART 8For the protection of Network Rail Limited
100. The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and Network Rail and, where paragraph 114 applies, any other person on whom rights or obligations are conferred by that paragraph.
101. In this Part—
“asset protection agreement” means an agreement to regulate the construction and maintenance of the specified work in a form prescribed from time to time by Network Rail;
“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;
“engineer” means an engineer appointed by Network Rail for the purposes of this Order;
“network licence” means the network licence, as the same is amended from time to time, granted to Network Rail by the Secretary of State in exercise of powers under section 8 of the Railways Act 1993(6);
“Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at 1 Eversholt Street, London NW1 2DN) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006(7)) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited; and any successor to Network Rail Infrastructure Limited’s railway undertaking:
“plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;
“railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;
“railway property” means any railway belonging to Network Rail and—
(a)
any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and
(b)
any easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment;
“regulatory consents” means any consent or approval required under:
(a)
the Railways Act 1993;
(b)
the network licence; and/or
(c)
any other relevant statutory or regulatory provisions;
by either the Office of Rail and Road or the Secretary of State for Transport or any other competent body including change procedures and any other consents, approvals of any access or beneficiary that may be required in relation to the authorised development;
“specified work” means so much of any of the authorised development as is or is to be situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property and for the avoidance of doubt, includes the maintenance of such works under the powers conferred by article 6 (power to maintain the authorised project) in respect of such works.
102.—(1) Where under this Part Network Rail is required to give its consent, agreement or approval in respect of any matter, that consent, agreement or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.
(2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—
(a)co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and
(b)use its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised project under this Order.
103.—(1) The undertaker must not exercise the powers conferred by—
(a)article 3 (development consent etc. granted by the Order);
(b)article 6 (power to maintain the authorised project);
(c)article 16 (discharge of water);
(d)article 17 (authority to survey and investigate the land);
(e)article 19 (compulsory acquisition of land);
(f)article 21 (compulsory acquisition of rights);
(g)article 23 (private rights);
(h)article 25 (acquisition of subsoil only);
(i)article 27 (rights under or over streets);
(j)article 28 (temporary use of land for carrying out the authorised project);
(k)article 29 (temporary use of land for maintaining the authorised project);
(l)article 30 (statutory undertakers);
(m)article 34 (felling or lopping of trees and removal of hedgerows);
(n)article 35 (trees subject to tree preservation orders);
(o)the powers conferred by section 11(3) (power of entry) of the 1965 Act;
(p)the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016( );
(q)the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016;
(r)any powers in respect of the temporary possession of land under the Neighbourhood Planning Act 2017;
in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.
(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.
(3) The undertaker must not exercise the powers conferred sections 271 or 272 of the 1990 Act, article 30 (statutory undertakers) or article 23 (private rights), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.
(4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.
(5) The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.
(6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions but it shall never be unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion).
(7) The undertaker must enter into an asset protection agreement prior to the commencement of any specified work.
104.—(1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration under article 45 (arbitration).
(2) The approval of the engineer under sub-paragraph 5(1) must not be unreasonably withheld or delayed, and if after 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not communicated disapproval of those plans and the grounds of disapproval—
(a)the undertaker may serve on the engineer written notice requiring the engineer to communicate approval or disapproval within a further period of 28 days beginning with the date on which the engineer receives written notice from the undertaker; and
(b)if by the expiry of the further 28 days the engineer has not communicated approval or disapproval, the engineer is deemed to have approved the plans as supplied.
(3) If after the expiry of 28 days beginning with the date on which written notice was served on the engineer under sub-paragraph 5(2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unreasonable delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.
(4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s reasonable opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation, decommissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and—
(a)such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker, in either case without unreasonable delay; and
(b)the undertaker must not commence the construction of the specified works in question until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.
(5) Any specified works and any protective works to be constructed by virtue of paragraph 104(4) must, when commenced, be constructed—
(a)without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;
(b)under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;
(c)in such manner as to cause as little damage as is possible to railway property; and
(d)so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic on it and the use by passengers of railway property.
(6) If any damage to railway property or any interference or obstruction referred to in sub-paragraph 5(5)(d) is caused by the carrying out of, or in consequence of, the construction of a specified work, the undertaker must, regardless of any approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.
(7) Nothing in this Part imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its employees, contractors or agents or any liability on Network Rail with respect to any damage, costs, expenses or loss attributable to the negligence of the undertaker or its employees, contractors or agents.
105. The undertaker must—
(a)at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and
(b)supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.
106. Network Rail must at all times afford reasonable facilities to the undertaker and its employees, contractors or agents for access to any works carried out by Network Rail under this Part during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.
107.—(1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction of a specified work or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe and efficient operation of the railway of Network Rail, such alterations or additions may be carried out by Network Rail.
(2) If Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations or additions which have been reasonably incurred by Network Rail, including, in respect of any such alterations or additions as are to be permanent, a capitalised sum representing the increase.
(3) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work that in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the undertaker must, regardless of any approval of the specified work under paragraph 104(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.
(4) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 108, provide such details of the formula or method of calculation by which those sums have been calculated as the undertaker may reasonably require.
(5) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph.
108. The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses agreed in advance with the undertaker and reasonably incurred by Network Rail—
(a)in constructing any part of a specified work on behalf of the undertaker under paragraph 104(3) or in constructing any protective works under paragraph 104(4) including in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;
(b)in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work or a protective work;
(c)in respect of the employment or procurement of the services of any inspectors, signallers, guards and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;
(d)in respect of any special traffic working resulting from any speed restrictions which may in the reasonable opinion of the engineer, need to be imposed by reason or in consequence of the construction or failure of a specified work or a protective work from the substitution or diversion of services which may be reasonably necessary for the same reason; and
(e)in respect of any additional temporary lighting of railway property in the vicinity of the specified works or protective works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work or protective works.
109.—(1) In this paragraph—
“EMI” means, subject to sub-paragraph 109(2), electromagnetic interference with Network Rail apparatus generated by the operation of the onshore works here such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus
“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.
(2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 104(1) for the relevant part of the onshore works giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).
(3) Subject to sub-paragraph 109(5), the undertaker must in the design and construct the onshore works and take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.
(4) In order to facilitate the undertaker’s compliance with sub-paragraph 109(3)—
(a)the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 104(1) in order to identify all potential causes of EMI and the measures required to eliminate them;
(b)Network Rail must without unreasonable delay make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to sub-paragraph 109(4)(a); and
(c)Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph 109(4)(a).
(5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 104(1) has effect subject to the sub-paragraph.
(6) Prior to the commencement of operation of the authorised development the undertaker shall test the use of the authorised development in a manner that shall first have been agreed with Network Rail (such agreement not to be unreasonably withheld or delayed), and if, notwithstanding any measures adopted pursuant to sub-paragraph 109(3), the testing of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph 109(5) to Network Rail’s apparatus.
(7) In the event of EMI having occurred—
(a)the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI;
(b)Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI;
(c)Network Rail must without unreasonable delay make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI; and
(d)the undertaker shall not allow regular revenue earning operations of the authorised development in a manner that has caused or will cause EMI until measures have been taken in accordance with this paragraph to prevent such levels of EMI occurring.
(8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub- paragraphs 109(5) or 109(6)—
(a)Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and
(b)any modifications to Network Rail’s apparatus approved pursuant to those sub- paragraphs must be carried out and completed by the undertaker in accordance with paragraph 105.
(9) To the extent that it would not otherwise do so, the indemnity in paragraph 113(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub- paragraph 10(6) applies.
(10) For the purpose of paragraph 9(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.
(11) In relation to any dispute arising under this paragraph the reference in article 45 (arbitration) to the Secretary of State shall be read as a reference to the Institution of Engineering and Technology.
110. If at any time after the completion of a specified work or a protective work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work or a protective work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work or a protective work in such state of maintenance as to not adversely affect railway property.
111. The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.
112. Any additional expenses that Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the date on which this Order is made by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be paid by the undertaker to Network Rail.
113.—(1) The undertaker must:
(a)pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part which may be occasioned to or reasonably incurred by Network Rail—
(i)by reason of the construction or maintenance of a specified work or its failure; or
(ii)by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged on a specified work;
(iii)in respect of costs incurred by Network Rail in complying with any railway operational procedures or obtaining any regulatory consents which procedures are required to be followed or consents obtained to facilitate the carrying out or operation of the authorised development; and
(iv)indemnify Network Rail and keep Network Rail indemnified from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission.
(2) The fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision does not (if it was done without negligence on the part of Network Rail or its employees, contractors or agents) excuse the undertaker from any liability under this Part.
(3) Network Rail must give the undertaker reasonable written notice of any claim or demand made against Network Rail that the undertaker may be liable to pay under this Part and no settlement or compromise of such a claim or demand is to be made without the prior written consent of the undertaker.
(4) The sums payable by the undertaker under sub-paragraph 14(1) if relevant include a sum equivalent to the relevant costs.
(5) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph 14(4) which relates to the relevant costs of that train operator.
(6) The obligation under sub-paragraph 14(4) to pay Network Rail the relevant costs is, in the event of default, enforceable directly by any train operator concerned to the extent that such sums would be payable to that train operator under sub-paragraph 14(5).
(7) In this paragraph—
“relevant costs” means the costs, direct losses and indirect losses expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any specified work including but not limited to any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph 14(1)
“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.
114. Network Rail must, on receipt of a request from the undertaker, provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part (including the amount of the relevant costs mentioned in paragraph 113) and with such information as may enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made under this Part (including any claim relating to those relevant costs).
115. In the assessment of any sums payable to Network Rail under this Part there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part or increasing the sums so payable.
116. The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—
(a)any railway property shown on the works plan or the land plans and described in the book of reference;
(b)any lands, works or other property held in connection with any such railway property; and
(c)any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.
117. Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.
118. The undertaker must give written notice to Network Rail where any application is proposed to be made by the undertaker for the Secretary of State’s consent under article 7 (benefit of the order) and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—
(a)the nature of the application to be made;
(b)the extent of the geographical area to which the application relates; and
(c)the name and address of the person acting for the Secretary of State to whom the application is to be made.
119. The undertaker must, no later than 28 days from the date that the documents referred to in article 41 (certification of plans and documents, etc.) are certified by the Secretary of State, provide a set of those documents to Network Rail in an electronic format.
PART 9For the protection of Awel y Môr
120. The provisions of this Part apply for the protection of Awel y Môr unless otherwise agreed in writing between the undertaker and Awel y Môr.
121. In this Part—
“access plots” means those parts of the Order limits that includes such parts of the Awel y Môr Order land comprising the land within plots 11-221, 11-222, 11-223, 11-224, 11-225, 11-226, 11-227, 11-231, 11-232, 11-234 and 11-235 shown on the land plans and described in the book of reference, which covers private road, verges, agricultural land, private road off Glascoed road, B5381 and public bridleway (BR 208/32) and access splay;
“apparatus” means the cables, switchgear, structures or other infrastructure owned, occupied or maintained by Awel y Môr or its successor in title within the Awel y Môr Order Land;
“Awel y Môr” means an undertaker with the benefit of all or part of the Awel y Môr Order for the time being;
“Awel y Môr Onshore Works” means the proposed location within the Awel y Môr Order land for any electrical circuit(s), electrical substation infrastructure, construction compound(s) and other onshore infrastructure and works (whether temporary or permanent in nature) authorised by the Awel y Môr Order or by any planning permission intended to operate in conjunction with the Awel y Môr Order
“Awel y Môr Order” means the development consent order made by the Secretary of State in relation to the Awel y Môr Offshore Wind Farm on 19th September 2023;
“Awel y Môr Order land” means Order land as defined in the Awel y Môr Order;
“construction” includes execution, placing, altering, replacing, reconstruction, relaying, maintenance, extensions, enlargement and removal; and “construct” and “constructed” must be construed accordingly;
“Overlap area” means those parts of the Order limits that includes such parts of the Awel y Môr Order land comprising the land within plots 11-200, 11-201, 11-202, 11-203, 11-204, 11-205, 11-206, 11-207 shown on the land plans and described in the book of reference;
“plans” includes sections, drawings, specifications, designs, design data, software, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of the Awel y Môr Order land;
“specified works” means so much of any works or operations authorised by this Order (or authorised by any planning permission intended to operate in conjunction with this Order) as is—
(a)
within the Overlap area;
(b)
in, on, under, over or within 15 metres of the Awel y Môr Onshore Works or any apparatus; or
(c)
may in any way adversely affect any apparatus;
“temporary works” so much of the specified works which are temporary works as set out within the Order; and
“undertaker’s temporary access track” means that part of Work No. 27 falling within part of plot 11-229 and the whole of plots 11-229a, 11-230, 11-230a, 11-233, 11-233a, 11-233b, 11-234, 11-234a, 11-234b.
122. The consent of Awel y Môr under this Part is not required where the Awel y Môr Order has expired without the authorised development having been commenced pursuant to any requirement of Schedule 2 to the Awel y Môr Order.
123. Where conditions are included in any consent granted by Awel y Môr pursuant to this Part, the undertaker must comply with the conditions if it chooses to implement or rely on the consent, unless the conditions are waived or varied in writing by Awel y Môr.
124. The undertaker must not under the powers of this Order—
(a)acquire, extinguish, suspend, override or interfere with any rights that Awel y Môr has in respect of any apparatus or the Awel y Môr Onshore Works;
(b)acquire, extinguish, suspend or override any rights that Awel y Môr has in respect of the access plots pursuant to the Awel y Môr Order;
(c)acquire the Awel y Môr Order land or acquire any new rights or impose restrictive covenants or exercise any powers of temporary use over or in relation to the Awel y Môr Order land, without the consent of Awel y Môr, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions.
125.—(1) During the construction of the authorised development the undertaker will not use Work No. 30 for the period starting with the date of completion of construction of the undertaker’s temporary access track until the date of commencement of demobilisation of the undertaker’s temporary access track unless otherwise agreed.
(2) At all other times during the construction of the authorised project the undertaker must coordinate its use of Work No. 30, including traffic movements, with Awel y Môr so as to prevent against restricting or impeding Awel y Môr’s use of the same.
(3) At least 28 days prior to the submission to the local highway authority of the design of temporary construction access AC-R1 (as identified on the street works and access plan) pursuant to requirement 10, the undertaker will share the proposed access designs and the details of any associated traffic management measures with Awel y Môr and take into account any reasonable representations made by Awel y Môr.
126.—(1) The undertaker must not under the powers of this Order carry out any specified works without the consent of Awel y Môr, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions and if Awel y Môr does not respond within 56 days then consent is deemed to be given.
(2) Subject to obtaining consent pursuant to sub-paragraph (1) and not less than 56 days before beginning to construct any specified works, the undertaker must submit plans of the specified works to Awel y Môr and must submit such further particulars available to it that Awel y Môr may reasonably require.
(3) Any specified works must be constructed without unreasonable delay in accordance with the plans approved in writing by Awel y Môr.
(4) Any approval of Awel y Môr required under this paragraph may be made subject to such reasonable conditions as may be required for the protection or alteration of any apparatus within the Overlap area or the Awel y Môr Onshore Works or for securing access to any apparatus within the Overlap area or the Awel y Môr Onshore Works.
(5) Where Awel y Môr requires any protective works to be carried out either by themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to Awel y Môr’s reasonable satisfaction.
(6) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any specified works, new plans instead of the plans previously submitted, and the provisions of this paragraph shall apply to and in respect of the new plans.
127.—(1) The undertaker must give to Awel y Môr written notice of completion not more than 14 days after the completion of any specified works.
(2) The undertaker is not required to comply with paragraph 126 or sub-paragraph (1) of this paragraph in a case of emergency, but in that case it must give to Awel y Môr notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonable practicable subsequently and must comply with paragraph 126 in so far as is reasonably practicable in the circumstances.
128. The undertaker must at all reasonable times during construction of the specified works allow Awel y Môr and its servants and agents access to the specified works and all reasonable facilities for inspection of the specified works.
129.—(1) After the purpose of any temporary works has been accomplished, the undertaker must with all reasonable dispatch, or after a reasonable period of notice in writing from Awel y Môr requiring the undertaker to do so, remove the temporary works, in, on, under, over, or within the Overlap area.
(2) If the undertaker fails to remove the temporary works within a reasonable period of receipt of a notice pursuant to sub-paragraph (1), Awel y Môr may remove the temporary works and may recover the reasonable costs of doing so from the undertaker.
130. If in consequence of the exercise of the powers conferred by this Order the access to any apparatus or the Awel y Môr Onshore Works is materially obstructed, the undertaker must provide such alternative means of access to such apparatus or the Awel y Môr Onshore Works as will enable Awel y Môr to maintain or use the apparatus or access the Awel y Môr Onshore Works no less effectively than was possible before the obstruction.
131. Subject to paragraph 130, the undertaker must not exercise the powers conferred by this Order to prevent or interfere with the access by Awel y Môr to the Awel y Môr Onshore Works.
132. To ensure its compliance with this Part, the undertaker must before carrying out any works or operations pursuant to this Order within the Overlap area request up-to-date written confirmation from Awel y Môr of the location of any apparatus or the Awel y Môr Onshore Works.
133. The undertaker and Awel y Môr must each act in good faith and use reasonable endeavours to co-operate with, and provide assistance to, each other as may be required to give effect to the provisions of this Part.
134. The undertaker must pay to Awel y Môr the reasonable expenses incurred by Awel y Môr in connection with the approval of plans, inspection of any specified works or the alteration or protection of any apparatus or the Awel y Môr Onshore Works.
135.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, use, maintenance or failure of any specified works, any damage is caused to any apparatus or there is any interruption in any service provided, or in the supply of any goods, by Awel y Môr, or Awel y Môr becomes liable to pay any amount to any third party, the undertaker must—
(a)bear and pay the cost reasonably incurred by Awel y Môr in making good such damage or restoring the service or supply; and
(b)indemnify Awel y Môr for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Awel y Môr, by reason or in consequence of any such damage or interruption or Awel y Môr becoming liable to any third party as aforesaid.
(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 Awel y Môr, its officers, servants, contractors or agents.
(3) Awel y Môr must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made, unless payment is required in connection with a statutory compensation scheme without first consulting the undertaker and considering its representations.
(4) Awel y Môr 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 16 applies. If requested to do so by the undertaker, Awel y Môr shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 135 for claims reasonably incurred by Awel y Môr.
(5) The fact that any work or thing has been executed or done with the consent of Awel y Môr and in accordance with any conditions or restrictions prescribed by Awel y Môr or in accordance with any plans approved by Awel y Môr or to its satisfaction or in accordance with any directions or award of any arbitrator does not relieve the undertaker from any liability under this Part.
136. Any dispute arising between the undertaker and Awel y Môr under this Part must be determined by arbitration under article 45 (arbitration).
Article 34, 35
SCHEDULE 11Removal of hedgerows
PART 1Removal of hedgerows
In the County of Conwy:
| (1) Grid coordinates | (2) Identifier as shown on the tree and hedgerow plan | (3) Grid coordinates | (4) Identifier as shown on the tree and hedgerow plan | ||
|---|---|---|---|---|---|
| Easting | Northing | Easting | Northing | ||
| 291991 | 376813 | 3a | 291993 | 376811 | 3b |
| 292001 | 376812 | 5a | 292100 | 376799 | 5b |
| 292082 | 376596 | 6a | 291983 | 376611 | 6b |
| 292125 | 376997 | 9a | 292172 | 376942 | 9b |
| 292266 | 377188 | 15a | 292180 | 377202 | 15b |
| 292268 | 377188 | 16a | 292237 | 377068 | 16b |
| 292312 | 377294 | 17a | 292355 | 377233 | 17b |
| 292301 | 378096 | 18a | 292443 | 378080 | 18b |
| 292320 | 376180 | 21a | 292290 | 376168 | 21b |
| 292381 | 377202 | 23a | 292415 | 376930 | 23b |
| 292396 | 376033 | 25a | 292403 | 376033 | 25b |
| 292408 | 376034 | 26a | 292453 | 375838 | 26b |
| 292421 | 376034 | 28a | 292491 | 376048 | 28b |
| 292442 | 378080 | 29a | 292305 | 378077 | 29b |
| 292502 | 376010 | 31a | 292418 | 376034 | 31b |
| 292535 | 375503 | 34a | 292545 | 375508 | 34b |
| 292545 | 375589 | 35a | 292535 | 375600 | 35b |
| 292575 | 375803 | 36a | 292467 | 375817 | 36b |
| 292620 | 375692 | 37a | 292509 | 375698 | 37b |
| 292668 | 375580 | 38a | 292631 | 375667 | 38b |
| 292685 | 375544 | 39a | 292583 | 375526 | 39b |
| 292763 | 375251 | 40a | 292830 | 375328 | 40b |
| 293067 | 374768 | 47a | 292997 | 374724 | 47b |
| 293124 | 374531 | 48a | 293124 | 374533 | 48b |
| 293308 | 374499 | 50a | 293287 | 374475 | 50b |
| 293312 | 373990 | 51a | 293387 | 373856 | 51b |
| 293454 | 373956 | 55a | 293497 | 373938 | 55b |
| 293493 | 374145 | 56a | 293343 | 374053 | 56b |
| 293497 | 373938 | 57a | 293518 | 374080 | 57b |
| 293497 | 373938 | 58a | 293638 | 374303 | 58b |
| 293637 | 374306 | 61a | 293635 | 374304 | 61b |
| 293640 | 374322 | 62a | 293637 | 374306 | 62b |
| 293991 | 373928 | 68a | 294087 | 373917 | 68b |
| 294087 | 373911 | 70a | 294118 | 373790 | 70b |
| 294265 | 373766 | 74a | 294316 | 373656 | 74b |
| 294441 | 373489 | 75a | 294464 | 373571 | 75b |
| 294462 | 373567 | 76a | 294487 | 373576 | 76b |
| 294672 | 373503 | 77a | 294690 | 373615 | 77b |
| 294826 | 373694 | 78a | 294901 | 373646 | 78b |
| 295002 | 373720 | 79a | 295005 | 373784 | 79b |
| 295351 | 373915 | 81a | 295210 | 373842 | 81b |
| 295639 | 373924 | 92a | 295607 | 373710 | 92b |
| 296112 | 373742 | 103a | 296091 | 373681 | 103b |
| 296323 | 373772 | 104a | 296363 | 373870 | 104b |
| 296406 | 373863 | 107a | 296433 | 373912 | 107b |
| 296523 | 373836 | 112a | 296558 | 373927 | 112b |
| 296558 | 373929 | 114a | 296570 | 373960 | 114b |
| 296580 | 374000 | 117a | 296585 | 373998 | 117b |
| 296648 | 373991 | 118a | 296710 | 373977 | 118b |
| 296623 | 374101 | 122a | 296628 | 374099 | 122b |
| 296570 | 373960 | 124a | 296559 | 373929 | 124b |
| 296720 | 373910 | 128a | 296726 | 374013 | 128b |
| 297028 | 374154 | 135a | 297061 | 374076 | 135b |
| 297194 | 374220 | 137a | 297177 | 374242 | 137b |
| 297369 | 374054 | 138a | 297351 | 373985 | 138b |
| 297369 | 374057 | 139a | 297192 | 374206 | 139b |
| 297380 | 374178 | 140a | 297199 | 374236 | 140b |
| 297464 | 374053 | 142a | 297369 | 374054 | 142b |
| 297463 | 374146 | 143a | 297403 | 374172 | 143b |
| 297513 | 373742 | 146a | 297506 | 373958 | 146b |
| 297513 | 373739 | 147a | 297513 | 373739 | 147b |
| 297536 | 374060 | 151a | 297496 | 373958 | 151b |
| 297547 | 374060 | 152a | 297506 | 373958 | 152b |
| 297766 | 373905 | 153a | 297795 | 374024 | 153b |
| 297833 | 373837 | 154a | 297945 | 373797 | 154b |
In the County of Denbighshire:
| (1) Grid coordinates | (2) Identifier as shown on the tree and hedgerow plan | (3) Grid coordinates | (4) Identifier as shown on the tree and hedgerow plan | ||
|---|---|---|---|---|---|
| Easting | Northing | Easting | Northing | ||
| 298416 | 373607 | 160a | 298409 | 373610 | 160b |
| 298420 | 373603 | 161a | 298638 | 373560 | 161b |
| 298421 | 373603 | 162a | 298383 | 373526 | 162b |
| 298465 | 373742 | 163a | 298469 | 373740 | 163b |
| 298468 | 373732 | 164a | 298419 | 373613 | 164b |
| 298469 | 373740 | 165a | 298469 | 373740 | 165b |
| 298638 | 373560 | 167a | 298684 | 373448 | 167b |
| 298638 | 373561 | 168a | 298683 | 373703 | 168b |
| 298684 | 373714 | 169a | 298698 | 373740 | 169b |
| 298859 | 373918 | 171a | 298936 | 373909 | 171b |
| 298912 | 373765 | 174a | 298891 | 373779 | 174b |
| 298918 | 373764 | 176a | 298918 | 373764 | 176b |
| 298996 | 373913 | 177a | 298912 | 373765 | 177b |
| 299207 | 373262 | 180a | 299308 | 373266 | 180b |
| 299230 | 373939 | 181a | 299278 | 373945 | 181b |
| 299246 | 373282 | 182a | 299239 | 373360 | 182b |
| 299302 | 373948 | 183a | 299302 | 373948 | 183b |
| 299308 | 373316 | 185a | 299314 | 373280 | 185b |
| 299332 | 374020 | 188a | 299314 | 374025 | 188b |
| 299426 | 373979 | 190a | 299407 | 373972 | 190b |
| 299592 | 373130 | 191a | 299468 | 373094 | 191b |
| 299712 | 372909 | 192a | 299756 | 372988 | 192b |
| 300273 | 372619 | 197a | 300251 | 372635 | 197b |
| 300312 | 372839 | 203a | 300504 | 372999 | 203b |
| 300334 | 372701 | 205a | 300279 | 372724 | 205b |
| 300419 | 372875 | 207a | 300432 | 372896 | 207b |
| 300422 | 372951 | 208a | 300413 | 372974 | 208b |
| 300528 | 372926 | 211a | 300504 | 372998 | 211b |
| 300736 | 373132 | 218a | 300690 | 373053 | 218b |
| 300837 | 372995 | 219a | 300915 | 373061 | 219b |
| 300919 | 373061 | 220a | 300954 | 373041 | 220b |
| 300954 | 373041 | 221a | 301021 | 372995 | 221b |
| 301044 | 373188 | 222a | 300922 | 373072 | 222b |
| 301182 | 373151 | 229a | 301148 | 373117 | 229b |
| 301182 | 373151 | 230a | 301127 | 373214 | 230b |
| 301268 | 373608 | 237a | 301197 | 373484 | 237b |
| 301276 | 373416 | 238a | 301309 | 373454 | 238b |
| 301323 | 373447 | 240a | 301463 | 373327 | 240b |
| 301392 | 372847 | 241a | 301341 | 372784 | 241b |
| 301434 | 372731 | 244a | 301407 | 372717 | 244b |
| 301447 | 373195 | 245a | 301407 | 373126 | 245b |
| 301460 | 372992 | 246a | 301547 | 373135 | 246b |
| 301461 | 373320 | 247a | 301423 | 373279 | 247b |
| 301471 | 372953 | 248a | 301392 | 372847 | 248b |
| 301480 | 372754 | 249a | 301440 | 372731 | 249b |
| 301522 | 372781 | 254a | 301579 | 372836 | 254b |
| 301564 | 373595 | 258a | 301394 | 373383 | 258b |
| 301578 | 372844 | 259a | 301561 | 372852 | 259b |
| 301579 | 372836 | 260a | 301601 | 372822 | 260b |
| 301608 | 372837 | 261a | 301878 | 373106 | 261b |
| 301666 | 373230 | 262a | 301571 | 373121 | 262b |
| 301690 | 373032 | 263a | 301551 | 372868 | 263b |
| 301731 | 372830 | 264a | 301631 | 372878 | 264b |
| 301854 | 372942 | 266a | 301756 | 372811 | 266b |
| 301860 | 372790 | 267a | 301859 | 372789 | 267b |
| 301860 | 372790 | 268a | 301783 | 372839 | 268b |
| 301880 | 372802 | 269a | 301860 | 372790 | 269b |
| 301884 | 372978 | 270a | 301964 | 372912 | 270b |
| 301945 | 372856 | 272a | 301916 | 372823 | 272b |
| 301956 | 372779 | 273a | 302045 | 372720 | 273b |
| 302003 | 373723 | 275a | 302011 | 373722 | 275b |
| 302009 | 373717 | 276a | 302002 | 373717 | 276b |
| 302045 | 373780 | 277a | 302052 | 373778 | 277b |
| 302074 | 373909 | 278a | 302032 | 373912 | 278b |
| 302107 | 373121 | 279a | 302230 | 373019 | 279b |
| 302144 | 373172 | 280a | 302269 | 373121 | 280b |
| 302170 | 373896 | 281a | 302115 | 373890 | 281b |
PART 2Removal of important hedgerows
In the County of Conwy:
| (1) Grid coordinates | (2) Identifier as shown on the tree and hedgerow plan | (3) Grid coordinates | (4) Identifier as shown on the tree and hedgerow plan | ||
|---|---|---|---|---|---|
| Easting | Northing | Easting | Easting | Northing | |
| 291968 | 376950 | 1a | 291965 | 376945 | 1b |
| 291975 | 376954 | 2a | 291959 | 376910 | 2b |
| 292104 | 376315 | 7a | 292181 | 376379 | 7b |
| 292160 | 376371 | 10a | 292100 | 376319 | 10b |
| 292160 | 376371 | 11a | 292128 | 376443 | 11b |
| 292179 | 376382 | 13a | 292163 | 376371 | 13b |
| 292308 | 378065 | 20a | 292468 | 378063 | 20b |
| 292452 | 377497 | 30a | 292494 | 377340 | 30b |
| 292511 | 375693 | 33a | 292628 | 375685 | 33b |
| 292883 | 374914 | 42a | 292929 | 374915 | 42b |
| 292910 | 374966 | 43a | 292970 | 375082 | 43b |
| 292930 | 374911 | 44a | 293010 | 374812 | 44b |
| 293006 | 374932 | 45a | 292930 | 374912 | 45b |
| 292899 | 374921 | 49a | 293008 | 374942 | 49b |
| 293434 | 373879 | 53a | 293586 | 373952 | 53b |
| 293588 | 373951 | 60a | 293606 | 373742 | 60b |
| 293882 | 373875 | 65a | 293942 | 373830 | 65b |
| 293944 | 373830 | 66a | 293959 | 373914 | 66b |
| 293944 | 373829 | 67a | 294191 | 373675 | 67b |
| 294020 | 373750 | 69a | 294190 | 373822 | 69b |
| 294219 | 373794 | 71a | 294192 | 373680 | 71b |
| 294262 | 373609 | 73a | 294347 | 373663 | 73b |
| 295117 | 373790 | 80a | 295236 | 373870 | 80b |
| 295372 | 373937 | 82a | 295431 | 373843 | 82b |
| 295380 | 373945 | 84a | 295436 | 373851 | 84b |
| 295590 | 373721 | 89a | 295650 | 373652 | 89b |
| 295612 | 374124 | 90a | 295475 | 374045 | 90b |
| 295702 | 373985 | 93a | 295636 | 373924 | 93b |
| 295786 | 374174 | 94a | 295612 | 374124 | 94b |
| 295817 | 373727 | 96a | 295909 | 373737 | 96b |
| 295921 | 374217 | 97a | 295788 | 374171 | 97b |
| 295993 | 373731 | 99a | 296092 | 373683 | 99b |
| 295995 | 373765 | 100a | 295991 | 373734 | 100b |
| 296001 | 373719 | 101a | 295984 | 373665 | 101b |
| 296091 | 374282 | 102a | 295922 | 374219 | 102b |
| 296359 | 373888 | 105a | 296362 | 373880 | 105b |
| 296472 | 373819 | 108a | 296373 | 373893 | 108b |
| 296453 | 373813 | 110a | 296362 | 373880 | 110b |
| 296558 | 373928 | 113a | 296663 | 373890 | 113b |
| 296608 | 374083 | 120a | 296613 | 374080 | 120b |
| 296665 | 374216 | 127a | 296655 | 374217 | 127b |
| 296838 | 373923 | 131a | 296825 | 374022 | 131b |
| 296831 | 374024 | 132a | 296842 | 373923 | 132b |
| 296986 | 374050 | 134a | 296850 | 374039 | 134b |
| 297095 | 374143 | 136a | 297126 | 374059 | 136b |
In the County of Denbighshire:
| (1) Grid coordinates | (2) Identifier as shown on the tree and hedgerow plan | (3) Grid coordinates | (4) Identifier as shown on the tree and hedgerow plan | ||
|---|---|---|---|---|---|
| Easting | Northing | Easting | Easting | Northing | |
| 298091 | 373653 | 158a | 298047 | 373576 | 158b |
| 298148 | 373545 | 159a | 298172 | 373643 | 159b |
| 298852 | 373413 | 170a | 298881 | 373508 | 170b |
| 298886 | 373507 | 173a | 298858 | 373411 | 173b |
| 299006 | 373917 | 178a | 299091 | 373914 | 178b |
| 299193 | 373271 | 179a | 299247 | 373275 | 179b |
| 299305 | 373275 | 184a | 299247 | 373275 | 184b |
| 299314 | 373260 | 186a | 299323 | 373194 | 186b |
| 299317 | 373277 | 187a | 299387 | 373278 | 187b |
| 299314 | 373267 | 189a | 299395 | 373275 | 189b |
| 300122 | 372712 | 195a | 300251 | 372636 | 195b |
| 300252 | 372636 | 196a | 300279 | 372724 | 196b |
| 300279 | 372847 | 198a | 300311 | 372829 | 198b |
| 300279 | 372724 | 199a | 300311 | 372829 | 199b |
| 300283 | 372854 | 200a | 300311 | 372837 | 200b |
| 300311 | 372837 | 201a | 300364 | 372794 | 201b |
| 300311 | 372829 | 202a | 300366 | 372784 | 202b |
| 300365 | 372794 | 206a | 300364 | 372794 | 206b |
| 300534 | 373171 | 212a | 300519 | 373161 | 212b |
| 300580 | 373211 | 214a | 300737 | 373132 | 214b |
| 300628 | 373324 | 215a | 300567 | 373211 | 215b |
| 300657 | 373359 | 217a | 300582 | 373221 | 217b |
| 301246 | 373196 | 235a | 301182 | 373151 | 235b |
| 301254 | 373193 | 236a | 301158 | 373117 | 236b |
| 301309 | 373454 | 239a | 301376 | 373609 | 239b |
| 301393 | 372850 | 242a | 301522 | 372781 | 242b |
| 301427 | 373217 | 243a | 301505 | 373360 | 243b |
| 301493 | 372641 | 251a | 301436 | 372728 | 251b |
| 301493 | 372640 | 252a | 301529 | 372686 | 252b |
| 301529 | 372691 | 255a | 301500 | 372763 | 255b |
| 301547 | 373135 | 257a | 301453 | 373187 | 257b |
| 301813 | 373121 | 265a | 301695 | 373040 | 265b |
| 301916 | 372823 | 271a | 301950 | 372787 | 271b |
| 301956 | 372779 | 274a | 302109 | 372982 | 274b |
| 302200 | 372940 | 282a | 302055 | 373021 | 282b |
PART 3Trees subject to tree preservation orders
| (1) Tree preservation order reference | (2) Type of tree | (3) Work to be carried out | (4) Relevant part of the authorised project |
|---|---|---|---|
| Conwy County Borough Council Tree preservation order No. 4 dated 4 November 1949 relating to Part of Gwrych Castle Estate and Adjoining Land | Trees within the area identified as W4 in the First Schedule of the tree preservation order and as shown on Sheet 2 of the tree and hedgerow plan | Removal, felling or lopping of trees to facilitate the construction of access AC-B1 identified on the street works and access to works plan and otherwise to facilitate the authorised project | Work No. 9 sub-section (c) and Work No. 10 sub-section (e) |
Article 44
SCHEDULE 12Approval of matters specified in requirements
Interpretation
1. In this Schedule “application” means an application for any consent, agreement or approval required by a requirement whether or not the application seeks to discharge a requirement in whole or in part.
2. In this schedule “discharging authority” means—
(a)any body responsible for giving any consent, agreement or approval required by a requirement included in Schedule 2, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or
(b)the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 subsequently referred to as “the 1974 Act”(a).
Applications made under requirements
3.—(1) Where an application has been made to the relevant discharging authority for any agreement or approval required pursuant to a requirement included in this Order, the relevant discharging authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period of 13 weeks beginning with—
(a)the day immediately following that on which the application is received by the relevant discharging authority; or
(b)where further information is requested under paragraph 4 the working day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the relevant planning discharging authority.
(c)and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.
Further information
4.—(1) Where an application has been made under paragraph 3 the relevant planning authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.
(2) If the relevant discharging authority considers further information is needed, and the requirement does not specify that consultation with a consultee is required, it must, within 15 working days of receipt of the application, notify the undertaker in writing specifying the further information required.
(3) If the requirement indicates that consultation must take place with a consultee the relevant planning authority must issue the consultation to the requirement consultee within five working days of receipt of the application. Where the consultee requires further information they must notify the relevant discharging authority in writing specifying the further information required within 15 working days of receipt of the consultation. The relevant discharging authority must notify the undertaker in writing specifying any further information requested by the consultee within five working days of receipt of such a request.
(4) In the event that the relevant discharging authority does not give such notification as specified in sub- paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.
Provision of information by Consultees
5.—(1) Any consultee who receives a consultation under paragraph 4(3) must respond to that request within 20 working days from receipt unless sub-paragraph (2) of this paragraph applies.
(2) Where any consultee requests further information in accordance with the timescales set out in paragraph 4(3) then they must respond to the consultation within 10 working days from the receipt of the further information requested.
Fees
6.—(1) Where an application is made to the relevant planning authority for agreement or approval in respect of a requirement or agreement or approval of an amendment pursuant to requirement 30 of Schedule 2 the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (Wales) Regulations 2015(8) (or any regulations replacing the same) is to be paid by the undertaker to the relevant planning authority in accordance with these regulations unless otherwise agreed with the relevant planning authority.
(2) Any fee paid under this Schedule must be refunded to the undertaker within 20 working days of the application being rejected as invalidly made.
Appeal
7.—(1) The undertaker may appeal in the event that—
(a)the relevant discharging authority refuses an application for any consent, agreement or approval required by—
(i)a requirement included in this Order; or
(ii)a document referred to in any requirement contained in Schedule 2;
(b)the discharging authority does not determine such an application within the time period set out in paragraph 3, or grants it subject to conditions;
(c)the discharging authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act;
(d)on receipt of a request for further information pursuant to paragraph 4 of this Part of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or
(e)on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.
(2) The appeal process is to be as follows—
(a)any appeal by the undertaker must be made within 30 working days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 3, giving rise to the appeal referred to in sub- paragraph (1);
(b)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 discharging authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”);
(c)as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (“the appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2);
(d)the relevant discharging authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within 15 working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;
(e)the appeal parties must make any counter-submissions to the appointed person within 15 working days of receipt of written representations pursuant to sub-paragraph (2)(d); and
(f)the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 20 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (2)(e).
(3) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.
(4) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must as soon as practical notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2).
(5) Any further information required under sub-paragraph (4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the relevant planning authority and any consultee required to be consulted pursuant to the requirement the subject of the appeal on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 working days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(d) to (2)(f).
(6) On an appeal under this sub-paragraph, the appointed person may—
(a)allow or dismiss the appeal; or
(b)reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not).
(7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.
(8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.
(9) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.
(10) If an approval is given by the appointed person pursuant to this paragraph, it is to be deemed to be an approval for the purpose of Schedule 12 as if it had been given by the relevant discharging authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.
(11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the relevant discharging authority, the reasonable costs of the appointed person must be met by the undertaker.
(12) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Welsh Government’s ‘Development Management Manual Section 12 Annex: Award of costs’ or any circular or guidance which may from time to time replace it.
Article 45
SCHEDULE 13Arbitration rules
Primary objective
1.—(1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within four months from the date the arbitrator is appointed pursuant to article 45 (arbitration) of the Order.
(2) The parties will first use their reasonable endeavours to settle a dispute amicably through negotiations undertaken in good faith by the senior management of the parties. Any dispute which is not resolved amicably by the senior management of the parties within twenty business days of the dispute arising, or such longer period as agreed in writing by the parties, will be subject to arbitration in accordance with the terms of this Schedule.
(3) The arbitration will be deemed to have commenced when a party (“the claimant”) serves a written notice of arbitration on the other party (“the respondent”).
Time periods
2.—(1) All time periods in these arbitration rules will be measured in business days and this will exclude weekends and bank holidays.
(2) Time periods will be calculated from the day after the arbitrator is appointed which will be either—
(a)the date the arbitrator notifies the parties in writing of acceptance of an appointment by agreement of the parties; or
(b)the date the arbitrator is appointed by the Secretary of State.
Timetable
3.—(1) The timetable for the arbitration will be that set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).
(2) Within 15 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with—
(a)a written statement of claim which describes the nature of the difference between the parties, the legal and factual issues, the claimant’s contentions as to those issues, and the remedy it is seeking; and
(b)all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.
(3) Within 15 days of receipt of the claimant’s statements under sub-paragraph (2) by the arbitrator and respondent, the respondent must provide the claimant and the arbitrator with—
(a)a written statement of defence responding to the claimant’s statement of claim, its statement in respect of the nature of the difference, the legal and factual issues in the claimant’s claim, its acceptance of any element(s) of the claimant’s claim, its contentions as to those elements of the claimant’s claim it does not accept;
(b)all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and
(c)any objections it wishes to make to the claimant’s statements, comments on the claimant’s expert report(s) (if submitted by the claimant) and explanations for the objections.
(4) Within five days of the respondent serving its statements sub-paragraph (3), the claimant may make a statement of reply by providing both the respondent and the arbitrator with—
(a)a written statement responding to the respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;
(b)all statements of evidence and copies of documents in response to the respondent’s submissions;
(c)any expert report in response to the respondent’s submissions;
(d)any objections to the statements of evidence, expert reports or other documents submitted by the respondent; and
(e)its written submissions in response to the legal and factual issues involved.
Procedure
4.—(1) The arbitrator will make an award on the substantive difference based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.
(2) Either party may, within two days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.
(3) Within five days of receiving the last submission, the arbitrator will notify the parties whether a hearing is to be held and the length of that hearing.
(4) Within ten days of the arbitrator advising the parties that he will hold a hearing, the date and venue for the hearing will be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which he considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.
(5) A decision will be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any expert(s) attending the hearing may be asked questions by the arbitrator.
(6) There will be no process of examination and cross-examination of experts, but the arbitrator will invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the arbitrator’s questions. Prior to the hearing the procedure for the expert(s) will be that—
(a)at least 20 days before a hearing, the arbitrator will provide a list of issues to be addressed by the expert(s);
(b)if more than one expert is called, they will jointly confer and produce a joint report or reports within ten days of the issues being provided; and
(c)the form and content of a joint report will be as directed by the arbitrator and must be provided at least five days before the hearing.
(7) Within ten days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator will take these submissions into account in the award.
(8) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which they are appointed, unless both parties otherwise agree to an extension to the date for the award.
(9) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document,and may make a decision on the information before them attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.
(10) The arbitrator’s award must include reasons. The parties will accept that the extent to which reasons are given is to be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.
Arbitrator’s powers
5.—(1) The arbitrator has all the powers of the arbitration Act 1996(a), including the non-mandatory sections, save where modified by these rules.
(2) There will be no discovery or disclosure, except that the arbitrator has the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a redfern schedule without any hearing.
(3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales and/or procedure—
(a)if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;
(b)only for such a period that is necessary to achieve fairness between the parties.
(4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.
Costs
6.—(1) The costs of the arbitration will include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.
(2) Subject to sub-paragraph (3), the arbitrator will award recoverable costs on the general principle that each party should bear its own costs.
(3) The arbitrator may depart from the general principle in sub-paragraph (2) and make such other costs award as it considers reasonable where a party has behaved unreasonably as defined within the National Planning Practice Guidance or such other guidance as may replace it.
Confidentiality
7.—(1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation will be confidential and will only be publicly disclosed where required by law or with the agreement of both parties.
(2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.
(3) Nothing in this paragraph prevents any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment.
Article 5
SCHEDULE 14Marine Licence ORML2429G: Mona Offshore Wind Farm Generation Assets
PART 1Licensed marine activities
Interpretation
1.—(1) In this licence—
“2004 Act” means the Energy Act 2004(9);
“2008 Act” means the Planning Act 2008;
“2009 Act” means the Marine and Coastal Access Act 2009(10);
“address” includes any number or address used for the purposes of electronic transmission;
“ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;
“authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of this licence;
“authorised scheme” means the authorised development described as Work No. 1 and the further associated development described in paragraph 3 of Part 1 of this licence or any part of that work or development;
“buoy” means any floating device used for navigational purposes or measurement purposes, including wave buoys, LiDAR and guard buoys;
“cable” means up to 400kV cables for the transmission of electricity and includes direct lay cables, cables laid in cable ducts or protective covers, and further includes fibre optic and other communications cables either within the cable or laid alongside;
“cable crossings” means the crossing of existing sub-sea cables, pipelines or other existing infrastructure by the cables authorised by this Order together with cable protection;
“cable protection” means measures to protect cables from physical damage including but not limited to concrete mattresses, with or without frond devices, and/or rock placement, the use of bagged solutions filled with grout or other materials;
“commence” means the first carrying out of any licensed marine activities, save for non-intrusive pre-construction surveys, unexploded ordnance surveys and low order unexploded ordnance clearance, and “commenced” and “commencement” must be construed accordingly;
“commercial operation” means in relation to any part of the authorised scheme the exportation, transmission or conversion, on a commercial basis, of electricity;
“condition” means a condition in Part 2 of this licence;
“electronic transmission” means a communication transmitted—
(a)
by means of an electronic communications network; or
(b)
by other means but while in electronic form;
“environmental statement” means the document certified as the environmental statement by the Secretary of State under article 41 (certification of plans and documents etc) of this Order including the documents listed in Table 6 of Schedule 15;
“foundation” means any one or more of: a multi-leg pin piled jacket, multi-leg suction bucket jacket, or gravity base foundation;
“gravity base foundation” means a structure principally of steel, concrete, or steel and concrete with a base which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;
“HAT” means highest astronomical tide;
“high order unexploded ordnance clearance” means an unexploded ordnance clearance method which intentionally seeks to detonate the unexploded ordnance;
“inter-array cables” means the cables linking the wind turbine generators to each other and to the offshore substation platforms;
“interconnector cables” means the cables linking the offshore substation platforms to each other;
“jacket foundation” means a steel jacket/lattice-type structure constructed of steel, fixed to the seabed with steel pin piles or steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;
“LAT” means lowest astronomical tide;
“layout principles” means the layout development principles contained within Table 3.7 of the environmental statement project description referred to as document F1.3 in Schedule 15;
“LiDAR” means a light detection and ranging system used to measure weather and sea conditions;
“licensed marine activities” means those activities detailed in paragraph 2 Part 1 of Schedule 14;
“licensing authority” means Natural Resources Body for Wales acting on behalf of the Welsh Ministers pursuant to powers under the 2009 Act or any successor of that function;
“low order unexploded ordnance clearance” means an unexploded ordnance clearance method which falls within the scope of the methods assessed by the environmental statement and which does not seek to detonate the unexploded ordnance;
“maintain” includes works to:
(a)
inspect, upkeep, repair, adjust or alter the authorised scheme; and
(b)
remove, reconstruct or replace any part of the authorised scheme,
provided that such works are undertaken in accordance with condition 10 and do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “maintain” is to be construed accordingly;
“marine enforcement officer” means an officer acting on behalf of Welsh Ministers in relation to Welsh Minister’s enforcement responsibilities for this marine licence and “MEO” must be construed accordingly;
“MCA” means the Maritime and Coastguard Agency, the executive agency of the Department for Transport;
“measures to minimise disturbance to marine mammals and rafting birds from transiting vessels” means the document certified as the measures to minimise disturbance to marine mammals and rafting birds from transiting vessels by the Secretary of State under article 41 for the purposes of this Order;
“NRW” means Natural Resources Body for Wales or any successor body to its functions;
“offshore in-principle monitoring plan” means the document certified as the offshore in-principle monitoring plan by the Secretary of State under rticle 41 for the purposes of this Order;
“offshore order limits and grid coordinates plan” means the document certified as the offshore order limits and grid coordinates plan by the Secretary of State under article 41 for the purposes of this Order;
“offshore substation platform” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and open with modular equipment or fully clad, containing—
(a)
electrical equipment required to switch, transform or convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation, including high voltage power transformers, high voltage switchgear and busbars, substation auxiliary systems and low voltage distribution, instrumentation, metering equipment and control systems, standby generators, shunt reactors, auxiliary and uninterruptible power supply systems; and
(b)
accommodation, storage, workshop auxiliary equipment and facilities for operating, maintaining and controlling the substation or wind turbine generators, including navigation, aviation and safety marking and lighting, systems for vessel access and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities and other associated equipment and facilities;
“offshore surface structures” means offshore substation platforms and wind turbine generators;
“Order limits” means the limits shown on the offshore order limits and grid coordinates plan certified as the offshore order limits and grid co-ordinates plan by the Secretary of State under article 41 for the purposes of this Order within which the authorised project may be carried out;
“outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State under article 41 for the purposes of this Order;
“outline marine mammal mitigation protocol” means the document certified as the outline marine mammal mitigation protocol by the Secretary of State under article 41 for the purposes of this Order;
“outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State under article 41 for the purposes of this Order;
“outline offshore written scheme of investigation for archaeology and protocol for archaeological discoveries” means the document certified as the outline offshore written scheme of investigation for archaeology and protocol for archaeological discoveries by the Secretary of State under article 41 for the purposes of this Order;
“outline onshore written scheme of investigation” means the document certified as the outline onshore written scheme of investigation by the Secretary of State under article 41 for the purposes of this Order;
“outline underwater sound management strategy” means the document certified as the outline underwater sound management strategy by the Secretary of State under article 41 for the purposes of this Order;
“outline vessel traffic management plan” means the document certified as the outline vessel traffic management plan by the Secretary of State under article 41 for the purposes of this Order;
“operation” means the undertaking of activities authorised by this Order which are not part of the construction, commissioning or decommissioning of the authorised scheme;
“pin piles” means steel or concrete cylindrical piles driven and/or drilled into the seabed to secure jacket foundations;
“scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including by the use of bagged solutions, filled with grout or other materials, protective aprons, mattresses with or without frond devices, and rock and gravel placement;
“statutory historic body” means CADW, Welsh Archaeological Trust, or Royal Commission on the Ancient and Historical Monuments of Wales, or the relevant successor bodies;
“statutory nature conservation body” means the Joint Nature Conservation Committee (or the relevant successor body) or NRW;
“suction bucket jacket foundation” means a tubular steel structure which partially or fully penetrates the seabed and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“UKHO” means the United Kingdom Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;
“undertaker” means Mona Offshore Wind Limited (company registration number 13497266) whose registered office address is Chertsey Road, Sunbury on Thames, Middlesex, United Kingdom, TW16 7BP;
“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water; and
“wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment including communications equipment, fixed to a foundation or transition piece.
(2) In this licence a reference to any statute, order, regulation or similar instrument is a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.
(3) In this licence, unless otherwise indicated—
(a)all times are Greenwich Mean Time (“GMT”);
(b)all coordinates are latitude and longitude decimal degrees.
(4) Unless otherwise stated or agreed with the licensing authority, all notifications must be sent by the undertaker to the licensing authority. Except where otherwise notified in writing by the relevant organisation, the addresses for correspondence for the purposes of this Schedule are—
(a)Natural Resources Wales Marine Licensing Team
Email: marinelicensing@cyfoethnaturiolcymru.gov.uk
Tel: 0300 065 3000
Welsh Government Offices
Cathays Park
King Edward VII Avenue
Cardiff
CF10 3NQ
(b)Maritime and Coastguard Agency
UK Technical Services Navigation
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Email: navigationsafety@mcga.gov.uk
(c)Trinity House
Tower Hill
London
EC3N 4DH
Tel: 020 7481 6900
Email: navigation@trinityhouse.co.uk
(d)United Kingdom Hydrographic Office
Admiralty Way
Taunton
Somerset
TA1 2DN
Tel: 01823 337 900
(e)Welsh Government Marine Enforcement Officers
Welsh Government
Suite 3
Cedar Court
Haven’s Head Business Park
Milford Haven
Pembrokeshire
SA73 3LS
Tel: 03000253500
Email:wfmccmpc@gov.wales
(f)Civil Aviation Authority
Aviation House
Beehive Ringroad
Crawley
West Sussex
Details of licensed marine activities
2. Subject to the conditions, this licence authorises the undertaker (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act—
(a)the deposit at sea of the substances and objects specified in paragraph 4 below;
(b)the construction of works in or over the sea or on or under the sea bed;
(c)dredging for the purposes of seabed preparation for foundation works or cable works;
(d)the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation;
(e)site clearance and preparation works including clearance of debris, boulder clearance and the removal of out of service cables and static fishing equipment;
(f)low order unexploded ordnance clearance;
(g)the use of extracted seabed material within gravity base foundations; and
(h)the disposal of up to 13,037,497 cubic metres of inert material of natural origin within Work No. 1 produced during construction drilling or seabed preparation for foundation works, cable works and boulder clearance works.
3. Such activities are authorised in relation to the construction, maintenance and operation of the authorised scheme being an offshore wind generating station with electrical output capacity of over 350 mega watts comprising—
Work No. 1:
(a)up to 96 wind turbine generators each fixed to seabed by a foundation;
(b)a network of subsea inter-array cables between the wind turbine generators and offshore substation platforms including cable crossings and cable protection;
(c)up to four offshore substation platforms each fixed to the seabed by a foundation; and
(d)a network of subsea interconnector cables between the offshore substation platforms including cable crossings and cable protection; and
in connection with the licensed marine activities in Work No. 1 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised scheme and which fall within the scope of the work assessed by the environmental statement, including—
(a)scour protection around the foundations of the offshore structures;
(b)cable protection measures such as rock placement and/or concrete mattresses, with or without frond devices;
(c)dredging;
(d)the removal of material from the seabed required for the construction of Work No. 1 and the disposal of inert material of natural origin and/or dredged material within Work No. 1 produced during construction drilling, and seabed preparation for foundation works, cable installation preparation such as sandwave clearance, boulder clearance and pre-trenching;
(e)creation and use of temporary vessel laydown areas, use of cable anchors;
(f)removal of static fishing equipment;
(g)the use of extracted seabed material within gravity base foundations; and
(h)lighting.
4. The substances and objects authorised for deposit at sea are—
(a)iron, steel, copper and aluminium;
(b)stone and rock;
(c)concrete and grout;
(d)sand and gravel;
(e)plastic and synthetic;
(f)material extracted from within Work No. 1 during construction drilling or seabed preparation for foundation works and cable sandwave preparation works; and
(g)marine coatings, other chemicals and timber.
5. The licenced marine activities set out in paragraph 2 must be located within Work No. 1 being the area described by the co-ordinates set out in Table 3 below—
Table 3
| Point | Latitude WGS84 | Longitude WGS84 |
|---|---|---|
| 1 | 53.6363894 | -4.0563946 |
| 2 | 53.7088426 | -4.0581057 |
| 3 | 53.7804251 | -4.0602816 |
| 4 | 53.7909267 | -4.0573473 |
| 5 | 53.7909295 | -4.0573466 |
| 6 | 53.8087168 | -4.0364299 |
| 7 | 53.8074112 | -3.9392126 |
| 8 | 53.7607763 | -3.8626603 |
| 9 | 53.7607757 | -3.8626596 |
| 10 | 53.7384537 | -3.8261066 |
| 11 | 53.6900718 | -3.8251539 |
| 12 | 53.6513598 | -3.8014256 |
| 13 | 53.6102634 | -3.8006428 |
| 14a | 53.6114805 | -3.8832447 |
| 15a | 53.6295993 | -4.0090005 |
6. This licence remains in force until the authorised scheme has been decommissioned in accordance with the provisions of Schedule 2, requirement 20 of the Order and in accordance with a programme approved by the Secretary of State under section 106 (approval of decommissioning programmes) of the 2004 Act including any modification to the programme under section 108 (reviews and revisions of decommissioning programmes) of the 2004 Act, and the completion of such programme has been confirmed by the Secretary of State in writing.
7. The provisions of section 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence apply only to a transfer not falling within article 7 (benefit of order) of the Order.
8. With respect to any condition which requires the licensed marine activities be carried out in accordance with the details, plans or schemes approved under this licence, the approved details, plans or schemes are taken to include any amendments that may subsequently be approved in writing by the licensing authority.
PART 2Conditions
Design parameters
9.—(1) The authorised scheme must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 4 below.
(2) The parameters in Table 4 do not allow works in relation to wind turbine generators that give rise to any materially new or materially different environmental effects to those identified in the environmental statement based upon the two assessed scenarios set out in Table 3.5 of the environmental statement.
Table 4
| Parameter | Value |
|---|---|
| Maximum number of wind turbine generators | 96 |
| Maximum height of wind turbine generators when measured from LAT to the tip of the vertical blade (metres) | 364 |
| Maximum rotor diameter of each wind turbine generator (metres) | 320 |
| Maximum rotor swept area (square metres) | 5,468,884 |
| Minimum distance from LAT to the lowest point of the rotating blade for each turbine (metres) | 34 |
| Minimum distance between rows of offshore surface structures (metres) | 1,400 |
| Minimum distance between offshore surface structures within a row (metres) | 1,400 |
| Maximum diameter of pin piles for wind turbine generators on jacket pin pile foundation (metres) | 5.5 |
| Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (metres) | 49 |
| Maximum diameter of buckets for wind turbine generators on suction bucket jackets (metres) | 18 |
| Maximum diameter of pin piles for offshore substation platform on jacket pin pile foundations (metres) | 5.5 |
| Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (metres) | 80 |
| Maximum volume of extracted material to be used in gravity base foundations (cubic metres) | 490,000 |
| Maximum diameter of buckets for offshore substation platforms on suction bucket jackets (metres) | 18 |
| Maximum total seabed footprint for wind turbine generators (including scour protection) (square metres) | 735,488 |
| Maximum number of offshore substation platforms | 4 |
| Maximum dimensions of offshore substation platforms (excluding towers, helipads, masts, and cranes): | |
| Height of main structure when measured from LAT (metres) | 70 |
| Length (metres) | 80 |
| Width (metres) | 60 |
| Maximum total seabed footprint area for offshore substation foundations (including scour protection) (square metres) | 24,964 |
| Maximum volume of scour protection for offshore substation foundations (cubic metres) | 58,361 |
| Maximum volume of scour protection for wind turbine generators (cubic metres) | 1,701,998 |
| Maximum total length of cables within Work No. 1 (inter-array and interconnector) (kilometres) | 325 |
| Maximum total length of interconnector cables (kilometres) | 50 |
| Maximum length of inter-array cables (kilometres) | 325 |
| Maximum number of cable crossings (inter-array) | 67 |
| Maximum number of cable crossings (interconnector) | 10 |
| Maximum volume of cable protection for cables within Work No.1 (inter-array and interconnector) (cubic metres) | 1,053,420 |
| Maximum total seabed footprint of cable protection for cables within Work No. 1 (inter-array and interconnector) (square metres) | 627,960 |
Maintenance of the authorised scheme
10.—(1) The undertaker may at any time maintain the authorised scheme, so far as is consistent with the provisions of this licence and except to the extent that this marine licence or an agreement made under this marine licence provides otherwise.
(2) Maintenance works include but are not limited to—
(a)major wind turbine component or offshore substation platform replacement;
(b)painting and applying other coatings to wind turbine generators or offshore substation platforms;
(c)bird waste and marine growth removal;
(d)cable remedial burial;
(e)cable repairs and replacement;
(f)access ladder and boat landing replacement;
(g)wind turbine generator and substation platform anode replacement; and
(h)j-tube repair/replacement.
(3) An offshore operations and maintenance plan in accordance with the outline offshore operations and maintenance plan must be submitted to the licensing authority for approval in writing at least four months prior to commencement of the operation of licensed activities and be provided for review and resubmission every three years during the operational phase. Maintenance must be carried out in accordance with the approved plans.
Extension of time periods
11. Any time period given in this marine licence to the undertaker may be extended with the agreement of the licensing authority, such agreement not to be unreasonably withheld or delayed.
Notifications and inspections
12.—(1) The undertaker must ensure that—
(a)a copy of this marine licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—
(i)all agents and contractors notified to the licensing authority in accordance with condition 22; and
(ii)the masters and transport managers responsible for the vessels notified to the licensing authority in accordance with condition 22.
(2) Only those persons and vessels notified to the licensing authority in accordance with condition 22 are permitted to carry out the licensed marine activities.
(3) Copies of this marine licence must also be available for inspection at the following locations—
(a)the undertaker’s registered address;
(b)any site office located at or adjacent to the construction site and used by the undertaker or its agents and contractors responsible for the loading, transportation or deposit of the authorised deposits; and
(c)on board each vessel and at the office of any transport manager with responsibility for vessels from which authorised deposits or removals are to be made.
(4) The information referred to in sub-paragraph (1)(a) must be available for inspection by officers appropriately authorised by the licensing authority and authorised MEOs at the locations set out in sub-paragraph (3)(b).
(5) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the licensing authority or the MEO considers necessary to inspect the works during the construction and operation of the authorised scheme.
(6) The undertaker must inform the licensing authority and the MEO in writing at least 10 days prior to the commencement of the authorised scheme or any part of them and within 10 days of the completion of the construction of the authorised scheme.
(7) The undertaker must inform the Kingfisher Information Service of Seafish by email to kingfisher@seafish.co.uk of details of the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant part—
(a)at least 14 days prior to the commencement of licenced marine activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data;
(b)as soon as reasonably practicable and no later than 24 hours following completion of the construction of the authorised scheme,
and confirmation of notification must be provided to the licensing authority within five days.
(8) The undertaker must ensure that a local notification to mariners is issued at least 14 days prior to any of the non-intrusive pre-construction surveys, unexploded ordnance surveys and low order unexploded ordnance clearance taking place and prior to the commencement of the authorised scheme or any part thereof advising of its start date and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the licensing authority, MCA, Trinity House and UKHO within five days of the notifications being sent.
(9) The undertaker must ensure that local notifications to mariners are updated and reissued at regular intervals during the pre-construction surveys, unexploded ordnance surveys low order unexploded ordnance clearance and construction activities and at least five days before any planned operations and maintenance works (or otherwise agreed) and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 17(1)(b). Copies of all notices must be provided to the licensing authority, and UKHO within five days of the notification being sent.
(10) The undertaker must notify UKHO within 14 days of completion of the construction of the authorised scheme or any part thereof in order that all necessary amendments to nautical charts are made. Copies of all notices must be provided to the licensing authority, the MEO, and MCA within five days of the notification being sent.
(11) In case of damage to, or destruction or decay of, the authorised scheme or any part thereof, excluding the exposure of cables and cable faults, the undertaker must as soon as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the licensing authority, the MEO, MCA, Trinity House, the Kingfisher Information Service of Seafish, UKHO and the regional fisheries contact.
(12) In case of buried cables becoming exposed on or above the seabed, the undertaker must within three days following identification of exposure of cables or cable faults, notify regional fisheries contacts and inform the Kingfisher Information Service of Seafish of the location and extent of exposure or cable faults. Copies of all such notices must be provided to the licensing authority, the MEO, MCA, Trinity House, and UKHO within five days of the notification being sent.
Colouring of structures
13.—(1) Except as otherwise required by Trinity House the undertaker must paint all structures forming part of the authorised scheme yellow (colour code RAL 1023) from at least HAT to a height as directed by Trinity House.
(2) Unless the licensing authority otherwise directs, the undertaker must paint the remainder of the structures forming part of the authorised scheme grey (colour code RAL 7035).
Aids to navigation
14.—(1) The undertaker must during the period from commencement of construction of the authorised scheme to completion of decommissioning of the authorised scheme exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.
(2) The undertaker must during the whole period from commencement of construction of the authorised scheme to completion of decommissioning of the authorised scheme keep Trinity House and the licensing authority informed of progress of the authorised scheme including—
(a)notice of commencement of construction of the authorised project within 24 hours of commencement having occurred;
(b)notice within 24 hours of any aids to navigation being established by the undertaker; and
(c)notice within five days of completion of construction of the authorised project.
(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation in accordance with the frequencies set out in the aids to navigation management plan agreed pursuant to condition 17(1)(g) using the reporting system provided by Trinity House or otherwise agreed in writing.
(4) The undertaker must during the whole period from commencement of the authorised scheme to completion of decommissioning of the authorised scheme notify Trinity House and the licensing authority of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.
(5) In the event that the provisions of conditions 12(11) or 12(12) are invoked, the undertaker must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.
Chemicals, drilling and debris
15.—(1) Unless otherwise agreed in writing by the licensing authority, the carriage and use of chemicals in the construction of the authorised scheme must comply with the International Convention for the Prevention of Pollution from Ships of 1997.
(2) The undertaker must ensure that any coatings and treatments are suitable for use in the marine environment and are used in accordance with recognised best practice.
(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment, including bunding of 110 percent of the total volume of all reservoirs and containers.
(4) The undertaker must inform the licensing authority in writing of the time, date, location and quantities of material disposed of each month under this licence by submission of a disposal return by 31 January each year for the months July to December inclusive, and by 31 July each year for the months January to June inclusive.
(5) The undertaker must ensure that only inert material of natural origin, produced during the drilling installation of or seabed preparation for foundations, and drilling mud is disposed of within the Order limits.
(6) The undertaker must ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.
(7) The undertaker must ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas must be contained to prevent run off entering the water through the freeing ports.
(8) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the licensing authority in accordance with the marine pollution contingency plan agreed under condition 17(1)(e)(i).
Force majeure and dropped objects
16.—(1) All dropped objects, materials and deposits must be notified to the licencing authority in accordance with the dropped objects plan and if—
(a)due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit the authorised deposits within or outside of the Order limits because the safety of human life or if the vessel is threatened, within 48 hours the undertaker must notify full details of the circumstances of the deposit to the licensing authority, the MEO, Trinity House and the MCA; or
(b)any rock material used in the construction of the authorised scheme is misplaced or lost within the Order limits, the undertaker must report the loss in writing to the licencing authority, the MEO, Trinity House and the MCA within 48 hours of becoming aware of it.
(2) If the licencing authority considers such objects, materials or deposits notified pursuant to paragraph (1) constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must locate the relevant object, material or deposit and recover it at its own expense unless otherwise approved in writing by the licencing authority.
(3) On receipt of a notice pursuant to paragraph (1) the licencing authority may require relevant surveys to be carried out by the undertaker (such as side scan sonar) at the undertaker’s expense.
Pre-construction plans and documentation
17.—(1) No part of the authorised scheme may commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the licensing authority (in consultation with the relevant statutory historic body, the statutory nature conservation body, Trinity House or the MCA as appropriate)—
(a)a design plan at a scale of between 1:25,000 and 1:50,000 in accordance with the layout principles, including detailed representation on the most suitably scaled admiralty chart, setting out proposed details of the authorised scheme, including the:
(i)number, dimensions, specification, foundation type(s) and depth for each wind turbine generator and offshore substation platform;
(ii)confirmation of whether Work No. 1 (c) and (d) are to be constructed under this marine licence;
(iii)the proposed layout of all wind turbine generators and offshore substation platforms (which shall be in accordance with the recommendations for layout contained in MGN654 and its annexes), including grid coordinates of the centre point of the proposed location for each wind turbine generator and offshore substation platform subject to up to 55 metre micro-siting in any direction unless otherwise agreed in writing with the licensing authority in consultation with the MCA and Trinity House;
(iv)proposed layout of all cables;
(v)location and specification of all other aspects of the authorised scheme; and
(vi)any archaeological exclusion zones;
to ensure conformity with the description of Work No. 1 and compliance with conditions 9 and 10 and any wake effects plan approved by the Secretary of State in accordance with requirement 29;
(b)a construction programme to include details of—
(i)the proposed date of commencement of the authorised scheme;
(ii)proposed timings for mobilisation of plant delivery of materials and installation works;
(iii)an indicative written construction programme for all wind turbine generators and offshore substation platforms forming part of the authorised scheme and licensed marine activities;
(c)a monitoring plan in accordance with the offshore in-principle monitoring plan and including details of proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with conditions 23, 24, 25 to be submitted to the licensing authority in accordance with the following unless otherwise agreed in writing with the licensing authority—
(i)at least four months prior to the first survey, detail of the pre-construction surveys and an outline of all proposed monitoring;
(ii)at least four months prior to commencement of construction, detail on construction monitoring;
(iii)at least four months prior to the authorised scheme being brought into commercial operation scheme, details of post-construction monitoring, if required;
(d)an offshore construction method statement in accordance with the construction methods assessed in the environmental statement, including details of—
(i)cable specification, installation and monitoring, to include—
(aa)the technical specification of the inter-array cables and interconnector cables as relevant;
(bb)a detailed cable specification and installation plan for the authorised scheme, incorporating a cable burial risk assessment encompassing the identification of any cable protection that exceeds 5 percent of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5 percent of navigable depth is identified details of any steps (to be determined following consultation with the MCA and Trinity House) to be taken to ensure existing and future safe navigation is not compromised or similar, such assessment to ascertain suitable burial depths and cable laying techniques including cable protection; and
(cc)details of cable monitoring including details of cable protection until the authorised scheme is decommissioned which includes a risk-based approach to the management of unburied or shallow buried cables;
(ii)scour protection management and cable protection management including details of the need, type, sources, quantity and installation methods for scour protection and cable protection, (with details updated and resubmitted for approval if changes to scour and cable protection management are proposed following cable laying operations);
(iii)foundation installation methodology, including drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation and cable installation works;
(iv)contractors;
(v)associated ancillary works; and
(vi)guard vessels to be employed;
(e)an offshore environmental management plan covering the period of construction and operation to include details of—
(i)a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised scheme in relation to all activities carried out;
(ii)a chemical risk assessment, including information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;
(iii)waste management and disposal arrangements;
(iv)the appointment and responsibilities of a fisheries liaison officer;
(v)a fisheries liaison and coexistence plan in accordance with the outline fisheries liaison and co-existence plan, to ensure relevant fishing fleets are notified of commencement of the authorised scheme pursuant to condition 12(8) and to address the interaction of the construction of the authorised scheme with fishing activities;
(vi)measures to minimise disturbance to marine mammals and rafting birds from transiting vessels; and
(vii)measures to minimise the potential spread of invasive non-native species;
(f)an offshore written scheme of investigation for archaeology and protocol for archaeological discoveries in relation to the Order limits, in accordance with the outline offshore written scheme of investigation and protocol for archaeological discoveries and industry good practice and including—
(i)details of responsibilities of the undertaker, archaeological consultant and contractor;
(ii)a methodology for further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;
(iii)archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the licensing authority within four months of any survey being completed;
(iv)delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones;
(v)monitoring of archaeological exclusion zones during and post construction where required;
(vi)a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting an OASIS (Online Access to the Index of archaeological investigations) form with a digital copy of the report within six months of completion of construction of the authorised scheme, and to notify the licensing authority that the OASIS form has been submitted to the National Record of the Historic Environment within two weeks of submission;
(vii)a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and maintenance of the authorised scheme; and
(viii)a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the offshore Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of construction of the authorised scheme;
(g)an aids to navigation management plan specifying how the undertaker will ensure compliance with condition 14 from the commencement of construction of the authorised scheme to the completion of decommissioning of the authorised scheme;
(h)in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol in accordance with the outline marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals, following current best practice as advised by the statutory nature conservation body;
(i)a dropped objects plan;
(j)a vessel traffic management plan in accordance with the outline vessel traffic management plan;
(k)a vessel traffic monitoring strategy in accordance with the offshore in-principle monitoring plan; and
(l)a compliance report in respect of the conditions to be discharged.
18.—(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 17 must be submitted for approval at least four months before the intended commencement of licensed marine activities, except where otherwise stated or unless otherwise agreed in writing by the licensing authority.
(2) The licensed marine activities must be carried out in accordance with the plans, protocols, statements, schemes and details approved under condition 17, unless otherwise agreed in writing by the licensing authority.
Underwater Sound Management Strategy
19.—(1) No piling activities or low order unexploded ordnance clearance can commence until for those activities an underwater sound management strategy in accordance with the outline underwater sound management strategy has been submitted to and approved in writing by the licencing authority in consultation with the statutory nature conservation body.
(2) The underwater sound management strategy must be submitted to the licensing authority no later than four months prior to the commencement of the relevant activities unless otherwise agreed in writing by the licensing authority.
(3) Piling activities or low order unexploded ordnance clearance must be carried out in accordance with the approved underwater sound management strategy, unless otherwise agreed in writing by the licensing authority.
Low order unexploded ordnance clearance
20.—(1) No low order unexploded ordnance clearance activities can commence until for those activities the following have been submitted to and approved in writing by the licensing authority in consultation with the statutory nature conservation body and, in respect of the method statement, the MCA—
(a)a method statement for low order unexploded ordnance clearance which must include—
(i)methodologies for—
(aa)identification and investigation of potential unexploded ordnance targets;
(bb)low order unexploded ordnance clearance;
(cc)removal and disposal of large debris;
(ii)a plan showing the area in which clearance activities are proposed to take place;
(iii)confirmation of the total number of unexploded ordnance to be cleared under this licence using low order methods;
(iv)a programme of works; and
(v)any exclusion zones and/or environmental micrositing requirements;
(b)a specific offshore written scheme of investigation and protocol for archaeological discoveries (which must accord with the details set out in the outline offshore written scheme of investigation and protocol for archaeological discoveries); and
(c)a marine mammal mitigation protocol in accordance with the outline marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals, following current best practice as advised by the statutory nature conservation body.
(2) The method statement and the marine mammal mitigation protocol must be submitted to the licensing authority for approval at least four months prior to the date on which unexploded ordnance clearance activities are intended to commence.
(3) Any unexploded ordnance clearance activities must be undertaken in accordance with the method statement and marine mammal mitigation protocol approved under paragraph (1) and must not give rise to any materially new or materially different environmental effects to those identified in the environmental statement.
(4) Subject to paragraph (6), an unexploded ordnance close-out report must be submitted to the licensing authority and the statutory nature conservation body within three months following the end of the unexploded ordnance clearance activity and must include the following for each clearance undertaken—
(a)co-ordinates, depth, current speed, charge utilised and the date and time of each clearance; and
(b)whether any mitigation was deployed including feedback on practicalities of deployment of equipment and efficacy of the mitigation where reasonably practicable, or justification if this information is not available.
(5) Should there be more than one unexploded ordnance clearance activity, the report required under paragraph (5) will be provided at intervals agreed with the licensing authority.
(6) No high order unexploded ordnance clearance is permitted by this marine licence.
(7) The total number of unexploded ordnance to be cleared under this licence using low order methods must not exceed 22.
Offshore safety management
21. No part of the authorised project may commence until the licencing authority, in consultation with the MCA, has approved in writing that a Search and Rescue checklist has been agreed and is in place in line the requirements of MGN654 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response” (or any successor document).
Reporting of engaged agents, contractors and vessels
22.—(1) The undertaker must provide the name, function, company number (if applicable), registered or head office address (as appropriate) of any agent or contractor appointed to engage in the licensed marine activities within seven days of appointment in writing to the licencing authority and the MEO.
(2) The undertaker must notify the licencing authority and the MEO in writing of any vessel being used to carry on any licensed marine activity listed in this licence on behalf of the undertaker. Such notification must be received by the licencing authority and the MEO no less than 24 hours before the commencement of the licensed marine activity. Notification must include the master’s name, vessel type, vessel IMO number and vessel owner or operating company.
(3) Any changes to the supplied details must be notified to the licencing authority and the MEO in writing at least 24 hours before the agent, contractor or vessel engages in the licensed marine activities.
Pre-construction surveys
23.—(1) The undertaker must, in discharging condition 17(1)(c) submit a monitoring plan or plans in accordance with the offshore in-principle monitoring plan for written approval by the licensing authority in consultation with the statutory nature conservation body, which must contain details of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report.
(2) The survey proposals submitted under paragraph (1) must be in general accordance with the principles set out in the offshore in-principle monitoring plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position or will enable the validation or otherwise of key predictions in the environmental statement.
(3) The baseline report proposals submitted under paragraph (1) must ensure that the outcome of the agreed surveys, together with existing data and reports, are drawn together to present a valid statement of the pre-construction position, with any limitations, and must make clear what post-construction comparison is intended and the justification for this being required.
(4) The pre-construction surveys referred to in paragraph (1) must, unless otherwise agreed with the licensing authority, have due regard to, but not be limited to, the need to undertake a swath-bathymetry survey to IHO Order 1a standard that meets the requirements of MGN654 and its supporting Hydrographic Guidelines for Offshore Renewable Energy Developers, which includes the requirement for the full density data and reports to be delivered to the MCA and the UKHO for the update of nautical charts and publications, and side scan sonar, of the area(s) within the Order limits in which it is proposed to carry out construction works including an appropriate buffer area around the location of each work.
(5) The undertaker must carry out the surveys specified within the monitoring plan or plans in accordance with that plan or plans, unless otherwise agreed in writing by the licensing authority in consultation with the statutory nature conservation body.
Construction monitoring
24.—(1) The undertaker must, in discharging condition 17(1)(c), submit details (which accord with the offshore in-principle monitoring plan) for approval in writing by the licensing authority in consultation with the relevant statutory nature conservation bodies of any proposed construction monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The monitoring proposals must specify each monitoring proposal’s objectives.
(2) In the event that driven or part-driven pile foundations are proposed, such monitoring must include measurements of underwater sound generated by the installation of the first four piled foundations of each piled foundation type to be installed unless the licensing authority otherwise agrees in writing.
(3) The undertaker must carry out the monitoring approved under paragraph (1), including any further underwater sound monitoring required in writing by the licensing authority, and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the licensing authority in consultation with the relevant statutory nature conservation bodies.
(4) The results of the initial underwater sound measurements monitored in accordance with paragraph (2) must be provided to the licensing authority within six weeks of the installation of the first four piled foundations. The assessment of this report by the licensing authority will determine whether any further underwater sound monitoring is required. If, in the reasonable opinion of the licensing authority in consultation with the statutory nature conservation body, the assessment shows significantly different underwater sound modelling results to those predicted and assessed in the environmental statement or failures in mitigation, all piling activity must cease until an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.
(5) The undertaker must carry out the surveys specified in the monitoring plan in accordance with that plan, including any further underwater sound monitoring required in writing by the licensing authority under paragraph (4), unless otherwise agreed in writing by the licensing authority in consultation with the statutory nature conservation body.
(6) In the event that piled foundations are proposed to be used, the details submitted in accordance with the marine mammal mitigation protocol must include proposals for monitoring marine mammals.
(7) The undertaker must in discharging condition 17(1)(k) submit a vessel traffic monitoring strategy, in accordance with the offshore in-principle monitoring plan, including the provision of reports on the results of that monitoring at the end of each year of the construction period to the licensing authority, MCA and Trinity House and undertake construction monitoring in accordance with the vessel traffic monitoring strategy.
Post-construction monitoring
25.—(1) The undertaker must, in discharging condition 17(1)(c) submit details (which accord with the offshore in-principle monitoring plan) for approval in writing by the licensing authority in consultation with the statutory nature conservation body of proposed post-construction monitoring, including methodologies and timings, and a proposed format, content and timings for providing reports on the results.
(2) The monitoring proposals must specify each monitoring proposal’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.
(3) The post-construction monitoring referred to in paragraph (1) must, unless otherwise agreed in writing with the licensing authority, have due regard to, but not be limited to, the need to undertake, within 12 months of completion of the construction of the authorised project, a full sea floor coverage swath-bathymetry survey that meets the requirements of MGN 654 and its annexes, and side scan sonar, of the area(s) within the Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring or assessment as may be agreed to ensure that cables (including fibre optic cables) have been buried or protected.
(4) The undertaker must in discharging condition 17(1)(k) submit a vessel traffic monitoring strategy in accordance with the offshore in-principle monitoring plan including the provision of reports on the results of that monitoring to the licencing authority, MCA and Trinity House and undertake post-construction monitoring in accordance with the vessel traffic monitoring strategy.
(5) The undertaker must carry out the monitoring agreed under paragraph (1) and provide the agreed reports to the licensing authority in the agreed format in accordance with the agreed timetable unless otherwise agreed in writing with the licensing authority in consultation with the statutory nature conservation body.
(6) Following the installation of cables, details of cable monitoring required under 17(1)(d) must be updated with the results of the post installation surveys. The construction method statement must be implemented until the authorised scheme is implemented and reviewed as specified within the construction method statement, following cable burial surveys, or as instructed by the licensing authority.
Reporting of scour and cable protection
26.—(1) Not more than four months following completion of the construction of the authorised scheme, the undertaker must provide the licensing authority and the statutory nature conservation body with a report setting out details of the cable protection and scour protection used for the authorised scheme.
(2) The report must include the following information—
(a)the location of cable protection and scour protection;
(b)the volume of cable protection and scour protection; and
(c)any other information relating to the cable protection and scour protection as agreed between the licensing authority and the undertaker.
Completion of construction
27.—(1) The undertaker must submit a close-out report to the licensing authority, MCA, Trinity House, UKHO and the statutory nature conservation body within four months of the date of completion of construction of the authorised scheme. The close out report must confirm the date of completion of construction of the authorised scheme and must include the following details—
(a)the final number of installed wind turbine generators;
(b)the installed wind turbine generator parameters;
(c)as built plans;
(d)latitude and longitude coordinates of the centre point of the location for each wind turbine generator and offshore substation platform provided as Geographical Information System data referenced to WGS84 datum; and
(e)latitude and longitude coordinates of the inter-array and interconnector cables; provided as Geographical Information System data referenced to WGS84 datum.
(2) Following completion of construction of the authorised scheme, no further construction activities can be undertaken under this licence.
Marine Noise Registry
28.—(1) Where driven or part-driven pile foundations are proposed to be installed the undertaker must at least 10 days prior to the start of those activities, submit details including the expected location of the activities and the start and end dates of the activities to the Marine Noise Registry to satisfy the Forward Look requirements and update that information as required if the expected location or start and end dates change.
(2) On the six month anniversary following the start of pile driving the undertaker must submit information on the locations and dates of those activities to the Marine Noise Registry to satisfy the Close Out requirements until completion of those activities.
(3) Notwithstanding paragraph (2) within 8 weeks of the completion of pile driving the undertaker must submit information on the locations and dates of those activities to satisfy the Close Out requirements:
(4) The undertaker must notify the licensing authority of the successful submission of Forward Look or Close Out information pursuant to paragraphs (1) to (3) above within seven days of the submissions to the Marine Noise Registry.
(5) For the purpose of this condition—
(a)“Marine Noise Registry” means the database of impulsive noise generating activities in UK seas maintained by the Joint Nature Conservation Committee;
(b)“Forward Look” and “Close Out” requirements are as set out in the ‘UK Marine Noise Registry: Information Document, Version 1 (May 2016)’ or any updated information document.
Requirement for written approval
29. Where under any of the above conditions the approval or agreement of the licensing authority is required, that approval or agreement must be given in writing.
Article 41
SCHEDULE 15Documents to be certified
The following documents, including those listed in Table 5, are the list referred to in article 41—
Table 5
The Order plans and book of reference
| Document Reference Number | Planning Inspectorate Reference | Document Name | Revision | Date |
|---|---|---|---|---|
| B1 | REP6-004 | Location plan | F02 | December 2024 |
| B2 | REP6-005 | Offshore Order Limits and Grid Coordinates Plan | F04 | December 2024 |
| B3 | REP6-006 | Works Plan - Onshore | F03 | December 2024 |
| B4 | AS-004 | Works Plans - Offshore and Intertidal | F02 | April 2024 |
| B5 | REP7-004 | Land Plan (Onshore) | F05 | January 2025 |
| B6 | REP7-005 | Crown Land Plan (Onshore) | F04 | January 2025 |
| B7 | REP7-006 | Special Category Land Plan | F04 | January 2025 |
| B14 | REP6-012 | Tree and Hedgerow Plan | F04 | December 2024 |
| B15 | REP6-013 | Street Works and Access to Works Plan | F03 | December 2024 |
| B16 | REP6-014 | Temporary stopping up of Public Rights of Way Plan | F03 | December 2024 |
| D4 | REP7-014 | Book of Reference | F07 | January 2025 |
Table 6
The Environmental Statement
| Document Reference Number | Planning Inspectorate Reference | Document Name | Revision | Date |
|---|---|---|---|---|
| F1 | REP7-024 | Non-Technical Summary - Welsh | F02 | January 2025 |
| F1 | REP7-025 | Non-Technical Summary – English | F02 | January 2025 |
| F1.1 | REP7-026 | Volume 1, Chapter 4: Introduction and overarching glossary | F02 | January 2025 |
| F1.2 | APP-049 | Volume 1, Chapter 2: Policy and Legislative Context | F01 | February 2024 |
| F1.3 | REP7-027 | Volume 1, Chapter 3: Project Description | F02 | January 2025 |
| F1.4 | REP7-029 | Volume 1, Chapter 4: Site Selection and Consideration of Alternatives | F03 | January 2025 |
| F1.5 | APP-052 | Volume 1, Chapter 5: Environmental Impact Assessment Methodology | F01 | February 2024 |
| F2.1 | APP-053 | Volume 2, Chapter 1: Physical Processes | F01 | February 2024 |
| F2.2 | REP7-030 | Volume 2, Chapter 2: Benthic Subtidal and Intertidal Ecology | F02 | January 2025 |
| F2.3 | REP7-031 | Volume 2, Chapter 3: Fish and Shellfish Ecology | F02 | January 2025 |
| F2.4 | REP7-032 | Volume 2, Chapter 4: Marine Mammals | F02 | January 2025 |
| F2.5 | REP7-033 | Volume 2, Chapter 5: Offshore Ornithology | F03 | January 2025 |
| F2.6 | APP-058 | Volume 2, Chapter 6: Commercial Fisheries | F01 | February 2024 |
| F2.7 | REP7-035 | Volume 2, Chapter 7 Shipping and Navigation | F02 | January 2025 |
| F2.8 | REP7-036 | Volume 2, Chapter 8: Seascape and Visual Resources | F02 | January 2025 |
| F2.9 | REP7-038 | Volume 2, Chapter 9: Marine Archaeology | F02 | January 2025 |
| F2.10 | APP-062 | Volume 2, Chapter 10: Other Sea Users | F01 | February 2024 |
| F2.11 | REP7-039 | Volume 2, Chapter 11: Inter-related Effects - Offshore | F02 | January 2025 |
| F3.1 | REP7-040 | Volume 3, Chapter 1: Geology, Hydrogeology and Ground Conditions | F02 | January 2025 |
| F3.2 | REP7-041 | Volume 3, Chapter 2: Hydrology and Flood Risk | F02 | January 2025 |
| F3.3 | REP7-042 | Volume 3, Chapter 3: Onshore Ecology | F02 | January 2025 |
| F3.4 | REP7-044 | Volume 3, Chapter 3: Onshore and Intertidal Ornithology | F02 | January 2025 |
| F3.5 | REP7-045 | Volume 3, Chapter 5: Historic Environment | F02 | January 2025 |
| F3.6 | REP7-046 | Volume 3, Chapter 6: Landscape and Visual Resources | F02 | January 2025 |
| F3.7 | REP7-048 | Volume 3, Chapter 7: Land Use and Recreation | F02 | January 2025 |
| F3.8 | REP7-049 | Volume 3, Chapter 8: Traffic and Transport | F02 | January 2025 |
| F3.9 | REP7-050 | Volume 3, Chapter 9: Noise and Vibration | F03 | January 2025 |
| F3.10 | REP7-051 | Volume 3, Chapter 10: Air Quality | F02 | January 2025 |
| F3.11 | APP-074 | Volume 3, Chapter 11: Inter-related Effects - Onshore | F01 | February 2024 |
| F4.1 | REP7-052 | Volume 4, Chapter 1: Aviation and Radar | F02 | January 2025 |
| F4.2 | REP7-053 | Volume 4, Chapter 2: Climate Change | F02 | January 2025 |
| F4.3 | APP-077 | Volume 4, Chapter 3: Socio-economics | F01 | February 2024 |
| F4.4 | REP7-054 | Volume 4, Chapter 4: Human Health Assessment | F02 | January 2025 |
| F5.3.1 | APP-079 | Volume 5, Annex 3.1: Underwater Sound Technical Report | F01 | February 2024 |
| F5.3.2 | APP-080 | Volume 5, Annex 3.2: Sulphur Hexafluoride Report | F01 | February 2024 |
| F5.4.1 | APP-081 | Volume 5, Annex 4.1: Site Selection Area of Search Identification | F01 | February 2024 |
| F5.4.2 | APP-082 | Volume 5, Annex 4.2: Site Selection BRAG Report | F01 | February 2024 |
| F5.4.3 | REP7-055 | Volume 5, Annex 5.3: Onshore Crossing Schedule | F04 | January 2025 |
| F5.5.1 | REP7-056 | Volume 5, Annex 5.1: Cumulative effects screening matrix | F03 | January 2025 |
| F5.5.2 | APP-085 | Volume 5, Annex 5.2: Transboundary impacts screening | F01 | February 2024 |
| F6.1.1 | APP-086 | Volume 6, Annex 1.1: Physical Processes Technical Report | F01 | February 2024 |
| F6.2.1 | APP-087 | Volume 6, Annex 2.1: Benthic Subtidal and Intertidal Ecology Technical Report | F01 | February 2024 |
| F6.2.2 | REP7-057 | Volume 6, Annex 2.2: Water Framework Directive Coastal Waters Assessment | F02 | January 2025 |
| F6.3.1 | APP-089 | Volume 6, Annex 3.1: Fish and Shellfish Ecology Technical Report | F01 | February 2024 |
| F6.4.1 | APP-090 | Volume 6, Annex 4.1: Marine Mammals Technical Report | F01 | February 2024 |
| F6.5.1 | APP-091 | Volume 6, Annex 5.1: Offshore Ornithology Baseline Characterisation Technical Report | F01 | February 2024 |
| F6.5.2 | REP2-018 | Volume 6, Annex 5.2: Offshore Ornithology Displacement Technical Report | F02 | August 2024 |
| F6.5.3 | REP2-020 | Volume 6, Annex 5.3: Offshore Ornithology Collision Risk Modelling Technical Report | F02 | August 2024 |
| F6.5.4 | APP-094 | Volume 6, Annex 5.4: Offshore Ornithology Migratory Bird Collision Risk Modelling Technical Report | F01 | February 2024 |
| F6.5.5 | REP7-058 | Volume 6, Annex 5.5:Offshore Ornithology Apportioning Technical Report | F03 | January 2025 |
| F6.5.6 | REP2-024 | Volume 6, Annex 5.6: Offshore Ornithology Population Viability Analysis Technical Report | F02 | August 2024 |
| F6.6.1 | APP-097 | Volume 6, Annex 6.1: Commercial Fisheries Technical Report | F01 | February 2024 |
| F6.7.1 | REP7-061 | Volume 6, Annex 7.1: Navigational Risk Assessment | F02 | January 2025 |
| F6.8.1 | APP-099 | Volume 6, Annex 8.1: Seascape and Visual Resources Legislation and Planning Policy Context | F01 | February 2024 |
| F6.8.2 | APP-100 | Volume 6, Annex 8.2: Seascape and Landscape Character Baseline Technical Report | F01 | February 2024 |
| F6.8.3 | APP-101 | Volume 6, Annex 8.3: Visual Baseline Technical Report – Offshore Development | F01 | February 2024 |
| F6.8.3 | APP-102 | Volume 6, Annex 8.3: Visual baseline technical report – Offshore Development Appendix – Part 1 | F01 | February 2024 |
| F6.8.3 | APP-103 | Volume 6, Annex 8.3: Visual baseline technical report– Offshore Development Appendix – Part 2 | F01 | February 2024 |
| F6.8.4 | REP7-062 | Volume 6, Annex 8.4: Seascape, Landscape and Visual Resources Impact Assessment Methodology | F02 | January 2025 |
| F6.8.5 | APP-105 | Volume 6, Annex 8.6: International and Nationally Designated Landscape Study | F01 | February 2024 |
| F6.8.6 | APP-106 | Volume 6, Annex 8.6: Seascape Visualisations Part 1 (Figures 1.1 – 9.3) | F01 | February 2024 |
| F6.8.6 | APP-107 | Volume 6, Annex 8.6: Seascape Visualisations Part 2 (Figures 9.4 – 17.1) | F01 | February 2024 |
| F6.8.6 | APP-108 | Volume 6, Annex 8.6: Seascape Visualisations Part 3 ( Figures 18.1 – 27.2) | F01 | February 2024 |
| F6.8.6 | APP-109 | Volume 6, Annex 8.6: Seascape Visualisations Part 4 ( Figures 28.1 – 32.2) | F01 | February 2024 |
| F6.8.6 | APP-110 | Volume 6, Annex 8.6: Seascape Visualisations Part 5 ( Figures 33.1 – 38.3) | F01 | February 2024 |
| F6.8.6 | APP-111 | Volume 6, Annex 8.6: Seascape Visualisations Part 6 ( Figures 38.4 – 46.2) | F01 | February 2024 |
| F6.8.6 | APP-112 | Volume 6, Annex 8.6: Seascape Visualisations Part 7 ( Figures 47 – 56) | F01 | February 2024 |
| F6.9.1 | APP-113 | Volume 6, Annex 9.1: Marine Archaeology Technical Report | F01 | February 2024 |
| F6.10.1 | APP-114 | Volume 6, Annex 10.1: Radar Early Warning Systems and Microwave Communication Links Technical Report | F01 | February 2024 |
| F7.1.1 | APP-115 | Volume 7, Annex 1.1: Aquifers, Groundwater Abstractions and Ground Conditions | F01 | February 2024 |
| F7.1.2 | APP-116 | Volume 7, Annex 1.2: Groundwater Sources of Supply – Hydrogeological Risk Assessment | F01 | February 2024 |
| F7.2.1 | REP7-063 | Volume 7, Annex 2.1: Flood Consequences Assessment | F02 | January 2025 |
| F7.2.2 | APP-118 | Volume 7, Annex 2.2: Surface Watercourses and NRW Flood Zones | F01 | February 2024 |
| F7.2.3 | APP-119 | Volume 7, Annex 2.3: Surface Water Abstraction Licences, Discharge Consents and Pollution Incidents | F01 | February 2024 |
| F7.2.4 | REP7-064 | Volume 7, Annex 2.4: Water Framework Directive Surface Water and Groundwater Assessment | F02 | January 2025 |
| F7.3.1 | APP-121 | Volume 7, Annex 3.1: Onshore Ecology Desk Study | F01 | February 2024 |
| F7.3.2 | APP-122 | Volume 7, Annex 3.2: Extended Phase 1 Habitat Survey Technical Report | F01 | February 2024 |
| F7.3.3 | APP-123 | Volume 7, Annex 3.3: Great Crested Newt Survey Technical Report | F01 | February 2024 |
| F7.3.4 | APP-124 | Volume 7, Annex 3.4: Hedgerow Survey Technical Report | F01 | February 2024 |
| F7.3.5 | APP-125 | Volume 7, Annex 3.5: Terrestrial Invertebrates Survey | F01 | February 2024 |
| F7.3.6 | APP-126 | Volume 7, Annex 3.6: Aquatic Invertebrates (inc White Clawed Crayfish) Survey | F01 | February 2024 |
| F7.3.7 | APP-127 | Volume 7, Annex 3.7: Reptile Survey | F01 | February 2024 |
| F7.3.8 | APP-128 | Volume 7, Annex 3.8: Water Vole Survey | F01 | February 2024 |
| F7.3.9 | APP-129 | Volume 7, Annex 3.9: Bat Roost Survey (Part 1) | F01 | February 2024 |
| F7.3.9 | APP-130 | Volume 7, Annex 3.9: Bat Roost Survey (Part 2) | F01 | February 2024 |
| F7.3.9 | APP-131 | Volume 7, Annex 3.9: Bat Roost Survey (Part 3) | F01 | February 2024 |
| F7.3.10 | APP-132 | Volume 7, Annex 3.10: Bat Activity Survey | F01 | February 2024 |
| F7.3.11 | APP-133 | Volume 7, Annex 3.11: Otter Survey Technical Report | F01 | February 2024 |
| F7.3.12 | APP-135 | Volume 7, Annex 3.12: Badger Survey Technical Report (Confidential) | F01 | February 2024 |
| F7.3.12 | APP-134 | Volume 7, Annex 3.12: Badger Survey Technical Report (Public) | F01 | February 2024 |
| F7.3.13 | APP-136 | Volume 7, Annex 3.13: Hazel Dormouse Survey Technical Report | F01 | February 2024 |
| F7.3.14 | APP-137 | Volume 7, Annex 3.14: National Vegetation Classification and Invasive Non-Native Species Technical Report | F01 | February 2024 |
| F7.3.15 | APP-138 | Volume 7, Annex 3.15: Fish and Eel Survey Technical Report | F01 | February 2024 |
| F7.4.1 | APP-139 | Volume 7, Annex 4.1: Onshore Ornithology- Wintering and Migratory Birds Technical Report | F01 | February 2024 |
| F7.4.2 | APP-140 | Volume 7, Annex 4.2: Intertidal Ornithology - Wintering and Migratory Birds | F01 | February 2024 |
| F7.4.3 | APP-142 | Volume 7, Annex 4.3: Onshore Ornithology- Breeding Birds Technical Report (Confidential) | F01 | February 2024 |
| F7.5.1 | REP7-065 | Volume 7, Annex 5.1: Desk-Based Assessment | F02 | January 2025 |
| F7.5.2 | APP-144 | Volume 7, Annex 5.2: Historic Environment Policy and Guidance | F01 | February 2024 |
| F7.5.3 | APP-145 | Volume 7, Annex 5.3: Onshore Geophysical Survey Report -Part 1 | F01 | February 2024 |
| F7.5.3 | APP-146 | Volume 7, Annex 5.3: Onshore Geophysical Survey Report -Part 2 | F01 | February 2024 |
| F7.5.4 | APP-147 | Volume 7, Annex 5.4: Intertidal Survey Report | F01 | February 2024 |
| F7.5.5 | APP-148 | Volume 7, Annex 5.5: Trial Trenching Report – Part 1 | F01 | February 2024 |
| F7.5.5 | APP-149 | Volume 7, Annex 5.5: Trial Trenching Report – Part 2 | F01 | February 2024 |
| F7.5.6 | APP-150 | Volume 7, Annex 5.6: Settings Assessment (onshore infrastructure) | F01 | February 2024 |
| F7.5.7 | APP-151 | Volume 7, Annex 5.7: Settings Assessment (offshore infrastructure) | F01 | February 2024 |
| F7.6.1 | APP-152 | Volume 7, Annex 5.7: Landscape and Visual Resources Planning Policy Context | F01 | February 2024 |
| F7.6.2 | APP-153 | Volume 7, Annex 6.2: Landscape and Seascape Character Baseline Technical Report – Part 1 | F01 | February 2024 |
| F7.6.2 | APP-154 | Volume 7, Annex 6.2: Landscape and Seascape Character Baseline Technical Report – Part 2 | F01 | February 2024 |
| F7.6.3 | APP-155 | Volume 7, Annex 6.3: Visual Baseline Technical Report - Onshore Development | F01 | February 2024 |
| F7.6.4 | APP-156 | Volume 7, Annex 6.4: Landscape, Seascape and Visual Resources Impact Assessment Methodology | F01 | February 2024 |
| F7.6.5 | APP-157 | Volume 7, Annex 6.5: Landscape Visualisations Part 1 (viewpoint 1 – viewpoint 8) | F01 | February 2024 |
| F7.6.5 | APP-158 | Volume 7, Annex 6.5: Landscape Visualisations Part 2 (viewpoint 9 – viewpoint 15) | F01 | February 2024 |
| F7.6.5 | APP-159 | Volume 7, Annex 6.5: Landscape Visualisations (viewpoint 16 – viewpoint 30) | F01 | February 2024 |
| F7.6.6 | APP-160 | Volume 7, Annex 6.6: Tree Survey and Arboriculture Impact Assessment Part 1 | F01 | February 2024 |
| F7.6.6 | REP7-066 | Volume 7, Annex 6.6: Tree Survey and Arboriculture Impact Assessment Part 2 – Appendix A | F02 | January 2025 |
| F7.6.6 | REP7-067 | Volume 7, Annex 6.6: Tree Survey and Arboriculture Impact Assessment Part 3 – Appendix B | F02 | January 2025 |
| F7.6.6 | REP7-068 | Volume 7, Annex 6.6: Tree Survey and Arboriculture Impact Assessment Part 4 – Appendix B | F02 | January 2025 |
| F7.6.6 | REP7-069 | Volume 7, Annex 6.6: Tree Survey and Arboriculture Impact Assessment Part 5 – Appendix B | F02 | January 2025 |
| F7.6.6 | REP7-070 | Volume 7, Annex 6.6: Tree Survey and Arboriculture Impact Assessment Part 6 – Appendix C | F02 | January 2025 |
| F7.6.6 | REP7-071 | Volume 7, Annex 6.6: Tree Survey and Arboriculture Impact Assessment Part 7 – Appendix C | F02 | January 2025 |
| F7.6.6 | REP7-072 | Volume 7, Annex 6.6: Tree Survey and Arboriculture Impact Assessment Part 8 – Appendix C | F02 | January 2025 |
| F7.7.1 | APP-168 | Volume 7, Annex 7.1: Published Soil and Agricultural Land Classification Data Technical Report | F01 | February 2024 |
| F7.7.2 | REP5-014 | Volume 7, Annex 7.2: Soil Survey Data Technical Report | F02 | December 2024 |
| F7.7.3 | APP-170 | Volume 7, Annex 7.3: Published Recreational Resources Plan Technical Report | F01 | February 2024 |
| F7.8.1 | APP-171 | Volume 7, Annex 7.3: Description of Network Links and Sensitivity | F01 | February 2024 |
| F7.8.2 | APP-172 | Volume 7, Annex 8.2: Base Traffic Flows | F01 | February 2024 |
| F7.8.3 | APP-173 | Volume 7, Annex 8.3: Personal Injury Accident Locations | F01 | February 2024 |
| F7.8.4 | APP-174 | Volume 7, Annex 8.4: Public Transport Networks | F01 | February 2024 |
| F7.8.5 | APP-175 | Volume 7, Annex 8.5: Construction Vehicle Trip Generation Assumptions | F01 | February 2024 |
| F7.8.6 | APP-176 | Volume 7, Annex 8.6: Traffic Flows with Construction Traffic | F01 | February 2024 |
| F7.8.7 | APP-177 | Volume 7, Annex 8.7: Traffic and Transport Figures | F01 | February 2024 |
| F7.9.1 | APP-178 | Volume 7, Annex 9.1: Baseline Noise Survey | F01 | February 2024 |
| F7.9.2 | REP5-016 | Volume 7, Annex 9.2: Construction Noise and Vibration Technical Report | F02 | December 2024 |
| F7.9.3 | APP-180 | Volume 7, Annex 9.3: Operation Noise Assessment Technical Report | F01 | February 2024 |
| F8.1.1 | REP7-073 | Volume 8, Annex 1.1: Aviation and Radar Technical Report | F02 | January 2025 |
| F8.2.1 | APP-182 | Volume 8, Annex 2.1: Technical Greenhouse Gas Assessment Technical Report | F01 | February 2024 |
| F8.2.2 | APP-183 | Volume 8, Annex 2.2: Climate Change Risk Assessment | F01 | February 2024 |
| F8.3.1 | APP-184 | Volume 8, Annex 3.1: Socio-economics Technical Impact Report | F01 | February 2024 |
| S_D3_15 | REP3-046 | Seascapes and Visual Resources: Cumulative Wirelines | F01 | September 2024 |
| S_D3_16.1 | REP3-047 | Landscape and Visual Resources – Cumulative Visualisations Part 1 | F01 | September 2024 |
| S_D3_16.2 | REP3-048 | Landscape and Visual Resources – Cumulative Visualisations Part 2 | F01 | September 2024 |
| S_D4_6.2 | REP4-038 | Appendix to HAP ISH3_20: Updated Visualisations Part 1 | F01 | November 2024 |
| S_D4_6.3 | REP4-039 | Appendix to HAP ISH3_20: Updated Visualisations Part 2 | F01 | November 2024 |
| S_D4_15 | REP4-046 | Zone of Theoretical Visibility and representative viewpoint locations at 1:50,000 Scale | F01 | November 2024 |
Table 7
Outline code of construction practice
| Document Reference Number | Planning Inspectorate Reference | Document Name | Revision | Date |
|---|---|---|---|---|
| J26 | REP6-034 | Outline Code of Construction Practice | F05 | December 2024 |
| J26.1 | REP6-036 | Outline Spillage and Emergency Response Plan | F03 | December 2024 |
| J26.2 | REP6-038 | Outline Dust Management Plan | F03 | December 2024 |
| J26.3 | REP6-040 | Outline Construction Noise and Vibration Management Plan | F05 | December 2024 |
| J26.4 | REP6-042 | Outline Communications Plan | F03 | December 2024 |
| J26.5 | REP6-044 | Outline Construction Fencing Plan | F03 | December 2024 |
| J26.6 | REP6-046 | Outline Construction Surface Water and Drainage Management Plan | F03 | December 2024 |
| J26.7 | REP6-048 | Outline Flood Management Plan | F03 | December 2024 |
| J26.8 | REP6-050 | Outline Soil Management Plan | F03 | December 2024 |
| J26.9 | REP6-052 | Outline Site Waste Management Plan | F03 | December 2024 |
| J26.10 | REP6-054 | Outline Artificial Light Emissions Plan | F03 | December 2024 |
| J26.11 | REP6-056 | Outline Biosecurity Protocol | F03 | December 2024 |
| J26.12 | REP6-058 | Outline Discovery Strategy for Contaminated Land | F03 | December 2024 |
| J26.13 | REP6-060 | Outline Construction Traffic Management Plan | F04 | December 2024 |
| J26.14 | REP7-089 | Outline Landfall Construction Method Statement | F05 | January 2025 |
| J26.15 | REP4-019 | Outline Onshore Construction Method Statement | F03 | November 2024 |
| J26.16 | REP6-062 | Outline Highways Access Management Plan | F03 | December 2024 |
| J26.17 | REP6-064 | Outline Public Rights of Way Management Strategy | F03 | December 2024 |
| J26.18 | REP6-066 | Outline Arboriculture Method Statement | F03 | December 2024 |
Table 8
Other outline documents
| Document Reference Number | Planning Inspectorate Reference | Document Name | Revision | Date |
|---|---|---|---|---|
| J3 | REP6-024 | Design Principles | F04 | December 2024 |
| J10 | REP7-077 | Mitigation and Monitoring Schedule | F07 | January 2025 |
| J12 | APP-198 | Outline Offshore Operations and Maintenance Plan | F01 | February 2024 |
| J13 | REP7-079 | Outline Fisheries Liaison and Co-existence Plan | F03 | January 2025 |
| J14 | REP6-028 | Outline Vessel Traffic Management Plan | F03 | December 2024 |
| J15 | REP7-081 | Offshore In-principle Monitoring Plan | F03 | January 2025 |
| J16 | REP5-028 | Outline Underwater Sound Management Strategy | F02 | December 2024 |
| J17 | REP5-030 | Measures to Minimise Disturbance to Marine Mammals and Rafting Birds from Transiting Vessels | F03 | December 2024 |
| J18 | REP7-083 | Outline Offshore Written Scheme of Investigation and Protocol for Archaeological Discoveries | F03 | January 2025 |
| J21 | REP5-032 | Outline Marine Mammal Mitigation Protocol | F02 | December 2024 |
| J22 | REP7-085 | Outline Landscape and Ecology Management Plan | F05 | January 2025 |
| J23 | REP6-032 | Outline Onshore Written Scheme of Investigation | F03 | December 2024 |
| J24 | REP4-015 | Outline Skills and Employment Plan | F02 | November 2024 |
| J27 | REP6-068 | Outline Operation Drainage Management Strategy | F02 | December 2024 |
| S_D4_8 | REP4-041 | Greenhouse Gas Reduction Strategy | F01 | November 2024 |
| S_D7_30 | REP7-136 | Landscape Enhancement Scheme Principles | F01 | January 2025 |
(1)
(2)
(3)
Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).
(4)
Section 11B was inserted by section 187(2) of the above Act (c. 22).
(5)
(6)
(7)
(9)
2004 c. 20. Section 105 was amended by section 69 of the Energy Act 2008 (c. 32).
(10)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Schedules only
You have chosen to open the Whole Instrument
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.