2017 No. 1197 (W. 290)

Infrastructure Planning

The Clocaenog Forest Wind Farm (Amendment) Order 2017

Made

Coming into force

Innogy Renewables UK Limited1 has made an application to the Welsh Ministers under paragraph 2(4) of Schedule 6 to the Planning Act 20082 for changes to the Clocaenog Forest Wind Farm Order 20143 that are not material.

The Welsh Ministers have had regard to the effect of the changes on the Clocaenog Forest Wind Farm Order 2014 as originally made and are satisfied that the changes are not material.

The Welsh Ministers, having considered the application, the responses to the publicity and consultation required by regulations 6 and 7 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 20114 have decided to make the changes on terms that in the opinion of the Welsh Ministers are not materially different from those proposed in the original application.

Accordingly, the Welsh Ministers, in exercise of the powers in paragraph 2(1) and (9) of Schedule 6 to the Planning Act 2008, make the following Order—

Title and commencement1

The title of this Order is the Clocaenog Forest Wind Farm (Amendment) Order 2017 and it comes into force on 8 December 2017.

Clocaenog Forest Wind Farm Order 2014 amended2

The Clocaenog Forest Wind Farm Order 2014 is amended in accordance with articles 3 to 5.

Article 2 (interpretation) amended3

1

Article 2 is amended as follows.

2

In paragraph (1), for the definition of “the works plan” substitute the following definition—

  • “the works plan” means the revised works plan submitted with the application dated 23 August 2017 for a non-material change to this Order under paragraph 2 of Schedule 6 to the 2008 Act and certified by the Welsh Ministers in accordance with article 36(1A).

Article 36 (certification of plans etc) amended4

1

Article 36 is amended as follows.

2

Insert the following paragraph after paragraph (1)—

1A

The undertaker must, as soon as practicable after the coming into force of the Clocaenog Forest Wind Farm (Amendment) Order 2017, submit to the Welsh Ministers a copy of the works plan for certification that it is a true copy.

Schedule 1 (authorised project) amended5

1

In the reference to Work No. 3 in Part 1 (authorised development) of Schedule 1, for the words “A series of new tracks, existing tracks subject to improvement and widening and public roads subject to widening” substitute “A series of new tracks, existing tracks subject to improvement and widening, public roads subject to widening and a series of turning heads located adjacent to tracks”.

2

The tables relating to Work No. 3 in Part 1 (authorised development) of Schedule 1 are amended as follows.

3

In the table with the heading “New tracks”—

a

in the row whose first entry is “N7”—

i

for “300779” substitute “300704”; and

ii

for “357705” substitute “357556”; and

b

insert the following after the row whose first entry is “N4”—

N25

300509

357483

300277

357467

N26

300596

357354

300614

357029

N27

301133

355580

300866

355375

N28

300784

355332

300534

355065

4

In the table with the heading “Existing tracks subject to improvement and widening”, in the row whose first entry is “E6”—

a

for “300635” substitute “300614”; and

b

for “357032” substitute “357029”.

5

Insert the following table after the table with the heading “Public roads subject to widening”—

Turning Heads

Grid reference

Turning head number

Easting

Northing

TH1 (at T3)

301166

357866

TH2 (between T7 and T9)

300226

356920

TH3 (at T10)

301344

356350

TH4 (at T13

301221

355570

TH5 (at T15)

301436

355089

TH6 (at T17)

301501

354506

TH7 (at T18)

301833

354061

TH8 (at T24)

300672

352492

TH9 (at T25)

301854

352484

TH10 (at T28)

300817

352143

TH11 (at T30)

301367

351613

TH12 (at T31)

300989

350791

TH13 (at T32)

301314

350614

Lesley GriffithsCabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Clocaenog Forest Wind Farm Order 2014 (the “principal Order”), which granted development consent under the Planning Act 2008, following an application for a non-material change under paragraph 2 of Schedule 6 to that Act.

This Order authorises changes to the works plans to reflect changes in the limits of deviation and to the commencement and termination points of access tracks and the addition of the construction of turning heads in Work No. 3.

The revised work plans and felling plans must be submitted to the Welsh Ministers for certification under new article 36(1A) of the principal Order. Requirement 7 in Part 3 of Schedule 1 to the principal Order requires the authorised development to be carried out in accordance with plans certified under article 36.