The Town and Country Planning (North Wales Border Control Post) (EU Exit) Special Development Order 2023

PART 1 Conditions of building operations

Enclosure of rocky outcrop

1.—(1) The rocky outcrop must be enclosed by fencing around its perimeter.

(2) No development is permitted until the condition in sub-paragraph (1) is complied with, except for the provision of lighting, fencing or signage.

Construction hours

2.—(1) The construction works listed in sub-paragraph (2) are only permitted between the hours of—

(a) 0700 and 1900 on weekdays, and

(b) 0700 and 1300 on Saturdays.

(2) Any—

(a) earth moving;

(b) drilling, breaking or blasting;

(c) installation of hard surfacing;

(d) use of vehicles or plant with reversing alarms.

Noise limits and vibration limits

3.—(1) Noise levels during construction works must not exceed 65dB (LAeq, 1hr).

(2) Ground vibration must not exceed—

(a) 10 millimetres per second peak particle velocity;

(b) 1 millimetre per second peak particle velocity on 10 or more days in any period of 15 consecutive days.

(3) Noise and vibration limits must be measured at 1 metre from any elevation of a residential receptor.

Construction traffic management

4.—(1) This condition must be complied with during any development permitted by article 3(1)(b) or (c).

(2) Temporary signage must be erected to—

(a) direct construction vehicles to approach and leave the land using the Parc Cybi spine road from the junction which links to the A55 trunk road, and

(b) deter vehicles from using the road Lôn Trefignath from its junction with the land to its junction with Lon Towyn Capel.

(3) Parking must be provided within the developable area sufficient to prevent parking overspill on the Parc Cybi spine road.

(4) Space for loading and unloading must be provided within the developable area sufficient to prevent this activity taking place on the Parc Cybi spine road.

(5) Wheel washing facilities must be available and operated to prevent mud and debris being deposited on the highway and where deposits do occur, the developer must ensure the highway is swept.

Construction lighting

5.—(1) This condition must be complied with during any development permitted by article 3(1)(b) or (c).

(2) Artificial lighting must only be used when it is necessary.

(3) Lighting units must be directed away from all residential receptors.

Protecting against invasive non-native species

6.  Effective measures to protect against bringing invasive non-native species of plants and animals on to the land by vehicle or on foot must be in place.

Building height and hard surfacing

7.  Building heights for the zones identified in column (1) of Table 1 must not exceed the height detailed in column (2).

Table 1

(1) Zone	(2) Maximum building height
Zone A	23 metres
Zone B	33 metres

8.—(1) The following elements must be made of permeable reinforced grass—

(a) emergency access road;

(b) sub-station layby.

(2) If constructed the following elements must be made of permeable material—

(a) footpaths;

(b) car parks.

(3) If constructed the following elements must be made of impermeable material and constructed to prevent pollutants entering the ground—

(a) all roads other than the emergency access road;

(b) deliveries apron;

(c) vehicle inspection area;

(d) vehicle quarantine area.

Visual impact

9.—(1) Building roofs must be finished in one of the following colours—

(a) S 3005-Y20R;

(b) S 3005-R80B;

(c) S 7010-Y90R;

(d) S 3502-R;

(e) S 3005-G50Y.

(2) Building facades, security fencing and acoustic barrier fencing must be finished in natural wood or in one of the following colours—

(a) S 2040-G40Y;

(b) S 2005-B20G;

(c) S 3005-Y20R.

(3) Other external elements must be finished in one of the following colours—

(a) S 2040-G40Y;

(b) S 2005-B20G;

(c) S 3005-Y20R;

(d) S 1515-Y90R;

(e) S 0575-G90Y.

(4) In this paragraph, “colours” refers to the colour that corresponds with the listed code on the Natural Colour System®.

(5) In sub-paragraph (3), “other external elements” includes—

(a) window frames;

(b) trims;

(c) architectural features;

(d) ancillary structures;

(e) handrails;

(f) lighting columns;

(g) exterior furniture such as benches.

(6) In sub-paragraph (3), “other external elements” excludes solar photovoltaics or solar thermal equipment.

(7) If any of the colours specified in this paragraph are not available for use at the relevant time, the developer may apply to the local authority for a relevant approval to use a closely matching colour.

Lighting

10.—(1) Lighting units must be placed as low to the ground as is practicable and lighting columns must not exceed 15 metres in height from ordinance datum.

(2) Lighting units must be—

(a) hooded in order to hide the light source from view from outside the developable area, and

(b) directed downwards in order to minimise light spill.

(3) Artificial light levels must not exceed 0.74 lux when measured at 1 metre outside the boundary of the developable area.

(4) The correlated colour temperature of each artificial light must not exceed 2700 kelvin.

(5) Blue spectrum lighting from any source must not be visible from the rocky outcrop.

Manholes and rodding points

11.—(1) All covers for manholes and rodding points must be marked with the appropriate colour and the markings must be maintained to ensure they are clearly visible.

(2) For the purposes of sub-paragraph (1), the “appropriate colour” is—

(a) blue for surface water drainage, and

(b) red for foul drainage.