The Brechfa Forest West Wind Farm Order 2013

Article 3

SCHEDULE 1 AUTHORISED PROJECT

PART 1 AUTHORISED DEVELOPMENT

In the County of Carmarthenshire

A wind energy electricity generating station with an installed capacity of between 56-84 MW comprising a nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act consisting of—

• Work No. 1 – up to 28 wind turbines each sited on concrete foundations incorporating hardstanding for cranes and fitted with rotating blades having a height to blade tip of up to 145 metres and including external transformers located at the base of the turbine and situated at the following locations—

  Wind Turbine Number	Grid Reference
  	Easting	Northing
  W1	246753	231322
  W2	247319	231337
  W3	247049	232133
  W4	247347	231780
  W5	247865	231357
  W6	248004	231019
  W7	248209	230683
  W8	247780	232510
  W9	247885	232140
  W10	247986	231773
  W11	248456	231506
  W12	248684	231065
  W13	248261	233094
  W14	248524	232673
  W15	248695	232320
  W16	249110	231992
  W17	248322	234134
  W18	248210	233713
  W19	248638	233537
  W20	248899	233213
  W21	249096	232723
  W22	249331	232414
  W23	248909	234382
  W24	249274	234198
  W25	249460	233566
  W26	249424	233163
  W27	249734	232835
  W28	249974	233494

• Work No. 2 – A series of cables buried beneath the surface of the ground and connecting the wind turbines comprising Work No. 1 as follows—

  Cable route number	Commencement point	Termination point
  1	Substation	W10
  	W10	W5
  	W5	W6
  	W6	W7
  	W7	W11
  	W11	W12
  2	Substation	W9
  	W9	W8
  	W8	W3
  	W3	W4
  	W4	W2
  	W2	W1
  3	Substation	W14
  	W14	W20
  	W20	W19
  	W19	W13
  	W13	W18
  	W18	W17
  	W17	W23
  	W23	W24
  4	Substation	W27
  	W27	W22
  	W22	W21
  	W21	W26
  	W26	W25
  	W25	W28
  	W28	W15
  	W15	W16

• Work No. 3 – A series of access tracks between the wind turbines comprising Work No. 1 as follows—

  Access Track number	Commencement Point		Termination Point
  	Easting	Northing	Easting	Northing
  WR1	248223	233165	247747	233541
  WR2	248476	233572	248224	233166
  WR3	248390	233647	248475	233571
  WR4	248419	233839	248390	233647
  WR5	248299	233924	248419	233839
  WR6	248299	233924	248219	233989
  WR7	248419	233838	248797	234082
  WR8	248797	234080	248928	234285
  WR9	248929	234286	248987	234357
  WR10	248476	233571	248567	233473
  WR11	248568	233473	248709	233140
  WR12	248709	233140	248833	233087
  WR13	248833	233087	248964	232993
  WR14	248964	232994	249105	233299
  WR15	249106	233301	249400	233650
  WR16	249400	233650	249697	233767
  WR17	248963	232993	249175	232794
  WR18	249175	232794	249337	232694
  WR19	249337	232694	249492	232669
  WR20	249490	232667	249670	232624
  WR21	248964	232994	248702	232400
  WR22	248801	232306	248999	232093
  WR23	248708	233140	248517	232786
  WR24	248510	232826	247875	232337
  WR25	247875	232337	247817	232228
  WR26	247817	232228	247612	232078
  WR27	247612	232078	247554	232213
  WR28	247554	232213	247350	232247
  WR29	247612	232078	247779	231971
  WR30	247778	231971	247491	231690
  WR31	247491	231690	247371	231445
  WR32	247371	231444	247148	231409
  WR33	247149	231409	247093	231456
  WR34	247094	231455	247020	231495
  WR35	247817	232228	247828	232214
  WR36	247829	232214	247873	231910
  WR37	247876	231668	247872	231910
  WR38	247692	231407	247878	231669
  WR39	248103	230952	248120	230732
  WR40	248077	231657	248266	231613
  WR41	248377	231291	248442	231170
  WR42	248442	231170	248796	231181
  WT1	246738	231342	246545	231212
  WT2	247021	231494	246738	231342
  WT3	247371	231445	247319	231337
  WT4	247348	232246	247048	232133
  WT5	247347	231780	247503	231703
  WT6	247692	231407	247878	231378
  WT7	247878	231378	248025	231032
  WT8	248025	231032	248103	230952
  WT9	248121	230731	248208	230684
  WT10	247780	232510	247896	232352
  WT11	247829	232214	247885	232140
  WT12	247878	231870	248076	231657
  WT13	248265	231613	248395	231478
  WT14	248456	231506	248394	231478
  WT15	248362	231486	248377	231290
  WT16	248441	231169	248685	231062
  WT17	247748	233540	247494	233689
  WT18	248260	233095	248188	233146
  WT19	248517	232786	248524	232673
  WT20	248695	232320	248702	232401
  WT21	248725	232371	248801	232306
  WT22	249110	231992	248999	232093
  WT23	248390	233646	248210	233713
  WT24	248553	233489	248638	233537
  WT25	248813	233099	248898	233212
  WT26	249162	232808	249096	232724
  WT27	249466	232674	249330	232414
  WT28	249670	232624	249733	232835
  WT29	248219	233989	248323	234134
  WT30	249423	233165	249096	233284
  WT31	249382	233642	249460	233566
  WT32	249683	233767	249974	233493
  WT33	248940	234306	248909	234382
  WT34	248989	234357	249276	234197
  WT35	248796	231181	248837	231141
  WT36	247495	233690	245999	234868
  WT37	246754	231354	246753	231322
  WT38	247864	231357	247857	231391
  WT39	248003	231019	248012	231053
  WT40	247986	231774	247987	231803

• In constructing Work No. 3 the undertaker may improve any track already in existence along the line of the work shown on the works plan.

• Work No. 4 – A construction, maintenance and emergency site access road commencing at a point at SN 46026 34898 and terminating at a point at SN 47482 33690.

• Work No. 5 – An onsite electricity substation comprising an enclosed area of hardstanding of approximately 4080 square metres located at Ordnance Survey National Grid Reference Point SN 48809 31110 and including a control building to house switch gear and control equipment.

• Work No. 6 – A meteorological mast for the purpose of monitoring and recording wind speed and direction as well as air temperature, having a height of approximately 100 metres and sited on an area of hardstanding of approximately 1000 square metres located at Ordnance Survey National Grid Reference Point SN 46544 31212.

• Work No. 7 – A temporary civil construction compound comprising an enclosed area of hardstanding of approximately 2,500 square metres located at Ordnance Survey National Grid Reference Point SN 48089 33104 and including a temporary office and staff welfare building together with an area for the storage of materials for use in the construction of the authorised development.

• Work No. 8 – A borrow pit for the extraction of stone to be used in the construction of the authorised development, having an area of approximately 10,000 square metres and a depth of 6 metres located at Ordnance Survey National Grid Reference Point SN 47929 32499.

• Work No. 9 – A temporary electrical compound comprising an enclosed area of hardstanding of approximately 2,500 square metres located adjacent to the onsite electricity substation forming Work No. 5 at Ordnance Survey National Grid Reference Point SN 48868 31107.

• In Work No. 1, references to the locations of a wind turbine are references to the centre point of that turbine.

PART 2 ANCILLARY WORKS

Removal of hedgerows

1.  Removal of approximately 137 metres of hedgerow within the Order limits along field boundaries between the A485 at Veindre Parc and Mynydd Rhos Wen the majority of which is located at the site entrance at the A485 at Ordnance Survey National Grid Reference Point SN 46026 34898.

PART 3 REQUIREMENTS

Definitions

1.—(1) In this Part of this Schedule—

“abnormal indivisible load” has the same meaning as in the Road Vehicles (Authorisation of Special Types) (General) Order 2003(1);

“commencement”, in relation to the authorised development, means the date on which the authorised development begins by the carrying out of a material operation as defined in section 155 of the 2008 Act and “commence” and “commenced” shall be construed accordingly;

“European protected species” means a species listed in Schedules 2 or 5 of the Conservation of Habitats and Species Regulations 2010(2);

“felling” means any felling or lopping undertaken pursuant to article 15 of this Order;

“first export date” means the date the authorised development first exports electricity on a commercial basis;

“Forestry Commission Wales” means the person exercising the Welsh devolved functions of the Forestry Commissioners;

“Guidance Notes” means the noise guidance notes in Part 4 of this Schedule;

“site” means land within the Order limits;

“Welsh devolved function” has the meaning given by section 36 of the Public Bodies Act 2011(3); and

“wind turbines” means the wind turbines forming part of Work No. 1 and “wind turbine” shall be construed accordingly.

(2) References to Forestry Commission Wales and the Countryside Council for Wales include any successors to their statutory functions.

Submission and approval of details

2.  Where under any Requirement details or a scheme or plan are to be submitted for the approval of the relevant planning authority then unless the Requirement provides otherwise—

(a) those details or scheme or plan and that approval must be in writing;

(b) the details, scheme or plan must be implemented as approved;

(c) the approved details, scheme or plan shall be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority, provided that no amendments may be approved by the relevant planning authority where such amendments may give rise to any materially different environmental effects to those assessed in the environmental statement.

Time limits

3.  The authorised development must be commenced within 5 years of the date this Order comes into force.

Expiry of development consent

4.—(1) The development consent granted by this Order shall expire 25 years after the first export date.

(2) Confirmation of the first export date shall be provided by the undertaker to the relevant planning authority within one month of its occurrence.

Decommissioning and site restoration

5.—(1) Not less than 12 months before the expiry of the development consent granted by this Order, a decommissioning and site restoration scheme shall be submitted to the relevant planning authority for its approval.

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

(a) removal of all above-ground elements of the authorised development (with the exception of Work No. 3);

(b) removal of turbine bases and cabling to one metre below ground level; and

(c) restoration of the areas disturbed by the authorised project.

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

Failure of turbines

6.  If any wind turbine fails to provide electricity to the grid for a continuous period of 12 months the undertaker shall—

(a) notify the relevant planning authority within one month of the expiry of that 12 month period;

(b) if so instructed by the relevant planning authority, submit to the relevant planning authority within 2 months of that instruction a detailed scheme setting out how the wind turbine and its associated ancillary equipment, including cabling (but excluding the turbine bases more than one metre below ground level) will be removed from the site and how the disturbed areas will be restored for approval by the relevant planning authority; and

(c) implement the approved scheme no later than 6 months from its approval unless a longer period is agreed in writing by the relevant planning authority.

Plans

7.—(1) Subject to the power to deviate set out in article 6 of this Order and any other Requirement the authorised development shall be carried out in accordance with the plans or other documents certified in accordance with article 18 of this Order.

(2) No part of the authorised development shall be carried out within 50 metres of a watercourse unless shown on those plans as within 50 metres of a watercourse or approved by the relevant planning authority.

Construction traffic management plan

8.—(1) No authorised development shall commence until a construction traffic management plan has been submitted to and approved by the relevant planning authority in consultation with the Department for Transport of the Welsh Government. The construction traffic management plan shall include—

(a) construction vehicle routing plans;

(b) evidence of trial runs demonstrating the suitability of the route from point of entry onto the highway network to the site for all abnormal indivisible loads;

(c) site access plans;

(d) proposals for the management of junctions to and crossings of highways and other public rights of way;

(e) proposals for the scheduling and timing of movements of delivery vehicles including details of abnormal indivisible loads;

(f) details of escorts for abnormal indivisible loads;

(g) proposals for temporary warning signs and banksman and escort details;

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

(i) details of any temporary or permanent improvements to highways; and

(j) proposals for the making good of any incidental damage to highways by construction traffic associated with the authorised project including street furniture, structures, drainage features, highway verge and carriageway surfaces.

(2) The construction traffic management plan shall be implemented as approved.

(3) Before any wind turbine is removed or replaced a revised construction traffic management plan, dealing with that removal or replacement, shall be submitted to and approved by the relevant planning authority.

Construction method statement

9.—(1) No authorised development shall commence until a construction method statement has been submitted to and approved by the relevant planning authority.

(2) The construction method statement shall include details of—

(a) the mitigation measures to be implemented to avoid harm to protected species and minimise damage to Local Biodiversity Action Plan habitats;

(b) the timing of construction works, including the timing of vegetation removal to avoid the potential for effects on reptiles and nesting birds;

(c) the wheel washing facilities, including siting;

(d) the timing of works and methods of working for cable trenches, foundation works and erection of the wind turbines;

(e) the timing of works and construction of the substation/control buildings and anemometry mast;

(f) the cleaning of site accesses, site tracks and the adjacent public highway and the sheeting of all heavy goods vehicles taking spoil or construction materials to/from the site to prevent spillage or deposit of any materials on the highway;

(g) the pollution control and prevention measures to be implemented including—

(i) sediment control,

(ii) the bunding of fuel, oil and chemical storage areas,

(iii) sewage disposal,

(iv) measures for the protection of water courses and ground water and soils and,

(v) a programme for monitoring water bodies before and during the authorised project, including details of the action to be taken if monitoring indicates adverse effects on water bodies;

(h) the disposal of surplus materials;

(i) the management of construction noise (including identification of access routes, locations of materials lay-down areas, details of equipment to be employed, operations to be carried out, mitigation measures and a scheme for the monitoring of noise);

(j) the handling, storage and re-use on site of soil;

(k) the design and construction methods of Work No. 4 and access tracks including drainage provisions, and the pollution prevention measures to be implemented to ensure there are no polluting discharges from tracks and disturbed areas including provision to ensure that no polluting discharge from the access tracks and disturbed areas enters any watercourse;

(l) the landscaping of Work No. 4, the access track from the A485;

(m) the nature, type and quantity of materials to be imported on site for backfilling operations or construction of access tracks;

(n) the management of ground and surface water (including mitigation to protect private water supplies);

(o) the management of dust;

(p) the proposed temporary site compounds for storage of materials, machinery and parking within the sites clear of the highway, including the siting of the temporary buildings and all means of enclosure, oil/fuel and chemical storage and any proposals for temporary lighting, and details of proposals for restoration of the sites of the temporary compounds and works within 12 months of the first export date;

(q) the design and construction of any culverts;

(r) the method of borrow pit working including means of extraction, handling, storage and re-use of soil, drainage control and restoration;

(s) the restoration of the site which will be temporarily used for construction;

(t) the access arrangements for the Alltwalis Wind Farm Habitat Management Plan Steering Group; and

(u) any other measures set out in Appendix 3.1 of the environmental statement.

(3) Before any wind turbine is removed or replaced a revised construction method statement, dealing with that removal or replacement, shall be submitted to and approved by the relevant planning authority.

(4) The construction method statement shall be implemented as approved.

Highways

10.  No wind turbine parts shall be delivered to the site before detailed plans and drawings in respect of Work No. 4 have been submitted to and approved by the relevant planning authority and such works have been constructed in accordance with the plans and drawings so approved.

11.  No authorised development shall commence until details of temporary or permanent improvements to the public highway have been submitted to and approved by the relevant planning authority in consultation with the Department for Transport of the Welsh Government. The improvement works shall be implemented in accordance with the approved details.

12.  No authorised development shall commence until details of the reinstatement of the public highway and its associated street furniture following completion of the construction of the authorised development have been submitted to and approved by the relevant planning authority in consultation with the Department for Transport of the Welsh Government. The reinstatement works shall be implemented in accordance with the approved details.

Construction hours

13.  The hours of work during the construction phase of the authorised development and any traffic movements into and out of the site associated with the construction or maintenance of the authorised development shall be 0700 to 1900 hours on Mondays to Fridays and 0800 to 1300 hours on Saturdays other than as allowed for under Requirement 14. No work shall take place outside these hours, or on public holidays, unless otherwise previously agreed by the relevant planning authority.

14.  Notwithstanding the provisions of Requirement 13, delivery of turbine and crane components may take place outside the times specified in Requirement 13 subject to such deliveries first being approved by the relevant planning authority.

Habitat management plan

15.—(1) No authorised development shall commence until a habitat management plan has been submitted to and approved by the relevant planning authority.

(2) The habitat management plan shall include measures to—

(a) re-establish non-coniferous habitats;

(b) enhance habitat within previously identified plantation on ancient woodland sites identified in the environmental statement;

(c) control Japanese knotweed strands identified within the site boundary;

(d) mitigate the potential adverse impacts of the development upon bryophyte species;

(e) monitor the impact on bats in years 1, 2 and 5, with such monitoring to include mortality surveys. If, following consideration of the monitoring results the relevant planning authority reasonably believes it to be necessary to do so, further monitor and/or mitigate the impact of the authorised development on bats;

(f) monitor and if, following consideration of the monitoring results the relevant planning authority reasonably believes it to be necessary to do so, mitigate the impact of the authorised development on the population of nightjars;

(g) mitigate the impact of the access track from the A485 (Work No. 4); and

(h) deal with any other matters set out in Appendix 13.10 of the environmental statement.

(3) The habitat management plan shall identify the resources needed to carry out the relevant activities.

(4) The habitat management plan shall be implemented as approved.

European protected species

16.—(1) No part of the authorised project, and no felling, shall commence until a scheme for the mitigation of potential adverse impacts on any European protected species has been submitted to and approved by the relevant planning authority.

(2) The scheme shall include—

(a) a comprehensive survey report which details the methods and timings of surveys to be undertaken;

(b) details of mitigation measures to be provided appropriate for the species present, including a timetable of when the mitigation will be in place;

(c) a method statement for the works detailing the methods, timing, and phasing of works, which seeks to minimise the impacts on any European protected species present, in line with best-practice guidelines; and

(d) proposals for monitoring before, during and post-construction which shall include mechanisms to initiate and direct any remedial works required. The applicant shall undertake remedial works, as directed by the relevant planning authority in consultation with the Countryside Council for Wales.

(3) The scheme shall be implemented as approved.

Access management plan

17.—(1) No authorised development shall commence until an access management plan has been submitted to and approved by the relevant planning authority.

(2) The access management plan shall include—

(a) details of the temporary re-routing of public rights of way during construction of the authorised development;

(b) details of the provision of signage and other information alerting the public to construction works;

(c) details of any fencing or barriers to be provided during the construction period;

(d) details as to how public rights of way, paths and roads will be inspected prior to and monitored during the construction period;

(e) a commitment to return all public rights of way, paths and roads to the same condition as they were, or better, once the construction period has ceased;

(f) details as to how any paths found to be impassable during surveying will be cleared;

(g) details of temporary alternative routes for any public rights of way that need to be diverted;

(h) provision for an additional bridge crossing;

(i) details of funds for improved signage/orientation;

(j) details of a new way-marked route;

(k) details of a communications campaign linked with the end of the construction period;

(l) details of an active management plan for crossing points for public rights of way; and

(m) details of permissive routes to be provided within the public access management areas.

(3) The access management plan shall be implemented as approved.

Felling

18.—(1) All felling shall be undertaken in accordance with the relevant guidance specified in paragraph (2) and Forestry Commission Wales best practice (as amended from time to time).

(2) The relevant guidance is—

(a) The UK Forestry Standard;

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

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

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

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

Appearance

19.  The wind turbines shall not be erected until details of their external appearance and colour and surface finish and the design and appearance of the associated external transformer/ switchgear units (if any) have been submitted to and approved by the relevant planning authority. The authorised development shall be completed in accordance with the approved details.

20.  Notwithstanding any design or colour approved by the relevant planning authority pursuant to Requirement 19, all wind turbines shall be of a three bladed configuration and shall be of a semi-matt finish.

21.—(1) No wind turbines shall display any name, sign, symbol or logo on any external surface unless such name, sign, symbol or logo has been previously approved in writing by the relevant planning authority.

(2) Paragraph (1) of this Requirement shall not apply to any name, sign, symbol or logo required by law or for health and safety reasons.

22.  All wind turbines’ blades shall rotate in the same direction. Without prejudice to Requirement 30, the wind turbines shall not be illuminated, save for a sensor-operated access light.

23.  Before construction of Work No. 5, details of the external design, appearance and finish of the substation, any associated hard standing areas and the electrical compound shall be submitted to the relevant planning authority. The authorised development shall be completed as approved.

Shadow flicker

24.  The authorised development shall not commence until a scheme for the avoidance of any shadow flicker effect at any dwelling which lawfully existed or had planning permission at the date of this Order has been submitted to and approved by the relevant planning authority. The scheme shall be implemented as approved.

TV interference

25.  No authorised development shall commence until a scheme has been submitted to and approved by the relevant planning authority providing for the investigation of and remediation of any interference with television reception at any dwelling which lawfully existed or had planning permission at the date of this Order. The scheme shall be implemented as approved.

Archaeology

26.—(1) No authorised development shall commence until a scheme of archaeological investigation has been submitted to and approved by the relevant planning authority.

(2) The scheme of archaeological investigation shall incorporate—

(a) a walkover survey before commencement of the authorised development;

(b) trial trenches at the sites of wind turbines W13, W17, W18, W19 and W23; and

(c) a watching brief during construction to record both established archaeological remains and any remains subsequently identified as present.

(3) The scheme of archaeological investigation shall be implemented as approved.

Ecological clerk of works

27.—(1) No authorised development shall commence until an ecological clerk of works has been appointed in consultation with the relevant planning authority.

(2) The ecological clerk of works shall be a suitably qualified environmental professional and shall be retained throughout the duration of civil construction works on site to advise on minimizing ecological effects of the construction activities.

Surface water drainage

28.—(1) No authorised development shall commence until details of the surface water drainage system (including means of pollution control) have been submitted to and approved by the relevant planning authority.

(2) The surface water drainage system shall be constructed in accordance with the approved details.

Accumulation and deposits

29.—(1) No authorised development shall commence until a written scheme for the management of any accumulations and deposits has been submitted to and approved by the relevant planning authority.

(2) The approved scheme for the management of accumulations and deposits shall be implemented before and maintained during the construction, operation and decommissioning of the authorised development.

Infra-red aviation lighting

30.  No wind turbine shall be erected until, after consultation with the Ministry of Defence, details of the installation of infra-red aviation warning lights have been submitted to and approved by the relevant planning authority. The lights shall be installed in accordance with the approved details and maintained until the wind turbines are decommissioned in accordance with Requirements.

Defence Geographic Centre

31.  No wind turbine shall be erected before information on the accurate location of the wind turbines has been provided to the Defence Geographic Centre of the Ministry of Defence.

Noise

32.  The level of noise immissions from the combined effects of the wind turbines (including the application of any tonal penalty) when calculated in accordance with the Guidance Notes shall not exceed the values set out in Tables 1(a) and 1(b) below. Noise limits for dwellings which lawfully existed or had planning permission at the date of this Order and which are not listed in Table 1 shall be those of the physically closest location listed in Tables 1(a) and 1(b) below, unless otherwise agreed with the relevant planning authority. The coordinate locations to be used in determining the location of each of the dwellings listed in Tables 1(a) and 1(b) shall be those listed in Table 2.

Table 1(a): The L_A90,10min dB Noise Level Between 23:00 and 07:00 hours. Between 23:00 and 07:00 – Noise level dB L_{A90, 10-minute}

Location	Standardised wind speed at 10 metre height (m/s)
	1	2	3	4	5	6	7	8	9	10	11	12
Lan-Clyn-Adda	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.9	43.3	43.3	43.3
Bryngwili	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	45.1	47.7	47.7
Cwm Llydan Ganol	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	45.1	47.7	47.7
Cwmllydan Isaf	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	45.1	47.7	47.7
Tyllwyd	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	45.1	47.7	47.7
Cwmere	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.9	46.3	46.3	46.3
Ystrad	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0
Gilfach Meredydd	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0
Cae’r-blaidd	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.3	44.6	44.6	44.6
Ffynnon-Las	39.0	39.0	39.0	39.0	39.0	39.0	39.1	39.5	45.0	50.3	50.3	50.3
Blaen-nant-gwyn	37.1	37.1	37.1	37.1	37.1	37.0	37.4	39.8	44.0	45.7	45.6	45.6
Blaen-Gwyddgrug	41.0	41.0	41.0	41.0	41.0	41.0	41.0	41.0	41.9	43.6	44.0	44,0
Gellifelen	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0
Pen Llwydcoed	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0
Salach	40.8	40.8	40.8	40.8	40.8	40.8	40.9	41.1	46.7	52.3	52.3	52.3
Hafod	38.9	38.9	38.9	38.9	38.9	38.8	39.1	39.2	39.0	41.1	44.3	47.6
Tirlan	37.2	37.2	37.2	37.2	37.2	37.1	37.5	37.6	37.4	39.2	42.5	45.8
Cwmyronnen Uchaf	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.9	46.3	46.3	46.3
Llwynteg	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.9	43.3	43.3	43.3
Lan Farm	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0
Blaengwen Farm	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0
Foel-y-ddafad-ddu	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.9	42.6	43.0	43.0
Coedlannnau Fawr	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0
Lan-ddu	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.9	42.6	43.0	43.0
Clyn Mawr	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0
Cerbynau	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0	43.0
Bryngolau	42.0	42.0	42.0	42.0	42.0	42.0	42.0	42.1	42.9	44.3	44.8	44.8

Table 1(b): L_A90,10min dB Noise Level at all other times (Between 07:00 and 23:00) – Noise level dB L_{A90, 10-minute}

Location	Standardised wind speed at 10 metre height (m/s)
	1	2	3	4	5	6	7	8	9	10	11	12
Lan-Clyn-Adda	37.0	37.0	37.0	37.0	37.0	37.0	37.8	40.0	42.6	44.8	44.8	44.8
Bryngwili	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	42.1	45.2	45.2	45.2
Cwm Llydan Ganol	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	42.1	45.2	45.2	45.2
Cwmllydan Isaf	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	42.1	45.2	45.2	45.2
Tyllwyd	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	42.1	45.2	45.2	45.2
Cwmere	40.0	40.0	40.0	40.0	40.0	40.0	40.8	43.0	45.6	47.8	47.8	47.8
Ystrad	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0
Gilfach Meredydd	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0
Cae’r-blaidd	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.1	44.9	49.1	49.1	49.1
Ffynnon-Las	36.0	36.0	36.0	36.0	36.0	36.0	36.6	41.0	45.7	49.2	49.2	49.2
Blaen-nant-gwyn	34.1	34.1	34.1	34.1	34.1	35.1	37.7	40.6	43.6	45.3	45.2	45.2
Blaen-Gwyddgrug	38.0	38.0	38.0	38.0	38.0	38.0	38.8	41.9	45.0	46.6	46.6	46.6
Gellifelen	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0
Pen Llwydcoed	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0
Salach	37.8	37.8	37.8	37.8	37.8	37.8	38.4	42.6	47.4	51.2	51.2	51.2
Hafod	35.9	35.9	35.9	35.9	35.9	35.8	36.1	37.6	40.7	42.5	44.2	44.9
Tirlan	34.2	34.2	34.2	34.2	34.2	34.1	34.5	36.0	39.1	40.7	42.4	43.0
Cwmyronnen Uchaf	40.0	40.0	40.0	40.0	40.0	40.0	40.8	43.0	45.6	47.8	47.8	47.8
Llwynteg	37.0	37.0	37.0	37.0	37.0	37.0	37.8	40.0	42.6	44.8	44.8	44.8
Lan Farm	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0
Blaengwen Farm	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0
Foel-y-ddafad-ddu	37.0	37.0	37.0	37.0	37.0	37.0	37.8	40.9	44.0	45.6	45.6	45.6
Coedlannnau Fawr	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0	37.0
Lan-ddu	37.0	37.0	37.0	37.0	37.0	37.0	37.8	40.9	44.0	45.6	45.6	45.6
Clyn Mawr	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0
Cerbynau	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0	40.0
Bryngolau	39.0	39.0	39.0	39.0	39.0	39.0	39.9	42.9	46.0	47.3	47.3	47.3

Table 2: Coordinate locations of the properties listed in Table 1

ID	Property	Easting	Northing
1	Lan-Clyn-Adda	245784	231373
2	Bryngwili	246048	229746
3	Cwm Llydan Ganol	247197	229299
4	Cwmllydan Isaf	247614	229553
5	Tyllwyd	248641	229516
6	Cwmere	245956	230398
7	Ystrad	249709	229817
8	Gilfach Meredydd	251113	232339
9	Cae’r-blaidd	251814	233437
10	Ffynnon-Las	250624	234627
11	Blaen-nant-gwyn	249241	235725
12	Blaen-Gwyddgrug	248357	235095
13	Gellifelen	247258	234424
14	Pen Llwydcoed	245672	232726
15	Salach	250594	234413
16	Hafod	251467	234527
17	Tirlan	251545	234742
18	Cwmyronnen Uchaf	246860	230486
19	Llwynteg	245365	231766
20	Lan Farm	246703	234713
21	Blaengwen Farm	246044	233876
22	Foel-y-ddafad-ddu	247835	235416
23	Coedlannnau Fawr	247034	234825
24	Lan-ddu	247586	235215
25	Clyn Mawr	249920	230554
26	Cerbynau	249953	230245
27	Bryngolau	248711	235140

Note to Table 2: The geographical coordinate references are provided for the purpose of identifying the general location of dwellings to which a given set of noise limits applies.

33.  Within 21 days from the receipt of a written request from the relevant planning authority and following a complaint to the relevant planning authority from the occupant of a dwelling which lawfully existed or had planning permission at the date of this Order, the undertaker shall, at its own expense, employ an independent consultant approved by the relevant planning authority to assess the level of noise immissions from the authorised development at the complainant’s property following the procedures described in the Guidance Notes.

34.  The undertaker shall, if directed by the relevant planning authority, switch off any of the wind turbines in order to assess compliance with the noise limits.

35.  The undertaker shall provide to the relevant planning authority the independent consultant’s assessment and conclusions regarding the noise complaint, including all calculations, audio recordings and the raw data upon which those assessments and conclusions are based. Such information shall be provided within 3 months of the date of the written request of the relevant planning authority unless otherwise extended in writing by the relevant planning authority.

36.  The undertaker shall continuously log wind speed wind direction at the site and power generation relating to authorised development. The undertaker shall provide all logged data to the relevant planning authority at its written request and in accordance with the Guidance Notes within 28 days of such request. All data shall be retained until the commencement of a decommission and site restoration scheme under Requirement 5.

Community liaison

37.—(1) No authorised development shall commence until a community liaison scheme has been submitted to and approved by the relevant planning authority.

(2) The community liaison scheme shall include—

(a) details of how the undertaker will liaise with the local community to ensure residents are informed of how the construction, operation and decommissioning of the authorised development are progressing;

(b) a mechanism for dealing with complaints from the local community during the construction, operation and decommissioning of the development; and

(c) a nominated representative of the undertaker who will have the lead role in liaising with local residents and the relevant planning authority.

(3) The undertaker shall comply with the approved community liaison scheme throughout the construction, operation and decommissioning of the authorised development.

PART 4 NOISE GUIDANCE NOTES

These notes form part of Requirements 32 to 36. They further explain these Requirements and specify the methods to be employed in the assessment of complaints about noise emissions from the authorised development.

Reference to ETSU-R-97 refers to the publication entitled “The Assessment and Rating of Noise from Wind Farms” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI).

Note 1

(a) Values of the L_A90,10min noise statistic shall be measured at the complainant’s property using a sound level meter of EN 60651/BS EN 60804 Type 1, or EN 61672 Class 1 quality (or the replacement thereof) set to measure using a fast time A-weighted response as specified in BS EN 60651/BS EN 60804 or BS EN 61672-1 (or the equivalent UK adopted standard in force at the time of the measurements). This shall be calibrated in accordance with the procedure specified in BS 4142:1997 (or its replacement). These measurements shall be made in such a way that the requirements of Note 3 shall also be satisfied.

(b) The microphone should be mounted at 1.2-1.5 m above ground level, fitted with a two layer windshield (or suitable alternative approved in writing by the relevant planning authority), and placed outside the complainant’s dwelling. Measurements should be made in “free-field” conditions. To achieve this, the microphone should be placed at least 3.5 m away from the building facade or any reflecting surface except the ground at a location that shall be approved in writing by the relevant planning authority.

(c) The L_A90,10min measurements shall be synchronised with measurements of the 10-minute arithmetic mean average wind speed and with operational data, including power generation information for each wind turbine, from the turbine control systems of the authorised development.

(d) The undertaker shall continuously log arithmetic mean wind speed and arithmetic mean wind direction data in 10 minute periods from the hub height anemometer located on the site permanent mast unless otherwise requested by the relevant planning authority to enable compliance with the Requirements to be evaluated. The mean wind speed data shall be ‘standardised’ to a reference height of 10 metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres. It is this standardised 10m height wind speed data which is correlated with the noise measurements of Note 2(a) in the manner described in Note 2(c).

Note 2

(a) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in Note 2 paragraph (b). Such measurements shall provide valid data points for the range of wind speeds, wind directions, times of day and power generation requested by the relevant planning authority. In specifying such conditions the relevant planning authority shall have regard to those conditions which were most likely to have prevailed during times when the complainant alleges there was disturbance due to noise. At its request the undertaker shall provide within 28 days of the completion of the measurements all of the data collected under Requirement 35 to the relevant planning authority.

(b) Valid data points are those that remain after all periods of rainfall have been excluded. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurement periods set out in Note 1(c) and is situated in the vicinity of the sound level meter.

(c) A least squares, “best fit” curve of a maximum 2^nd order polynomial or otherwise as may be agreed with the relevant planning authority shall be fitted between the standardised mean wind speed (as defined in Note 1 paragraph (d)) plotted against the measured L_A90,10min noise level. The noise level at each integer speed shall be derived from this best-fit curve.

Note 3

Where, in the opinion of the relevant planning authority, noise immissions at the location or locations where assessment measurements are being undertaken contain a tonal component, the following rating procedure shall be used—

(a) For each 10-minute interval for which L_A90,10min data have been obtained as provided for in Note 1, a tonal assessment shall be performed on noise immissions during 2-minutes of each 10-minute period. The 2-minute periods shall be regularly spaced at 10-minute intervals provided that uninterrupted clean data are available. Where clean data are not available, the first available uninterrupted clean 2 minute period out of the affected overall 10 minute period shall be selected. Any such deviations from standard procedure as described in Section 2.1 on pages 104 – 109 of ETSU-R-97 shall be reported.

(b) For each of the 2-minute samples the margin above or below the audibility criterion of the tone level difference, L_tm (Delta L_tm), shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104-109 of ETSU-R-97.

(c) The margin above audibility shall be plotted against wind speed for each of the 2-minute samples. For samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be substituted.

(d) A linear regression shall then be performed to establish the margin above audibility at the assessed wind speed for each integer wind speed. If there is no apparent trend with wind speed then a simple arithmetic average shall be used.

(e) The tonal penalty shall be derived from the margin above audibility of the tone according to the figure below. The rating level at each wind speed shall be calculated as the arithmetic sum of the authorised development noise level, as determined from the best-fit curve described in Note 2, and the penalty for tonal noise.

Note 4

If the authorised development noise level (including the application of any tonal penalty as per Note 3) is above the limit set out in the Requirements, measurements of the influence of background noise shall be made to determine whether or not there is a breach of Requirement. This may be achieved by repeating the steps in Note 1 & 2 with all of the wind turbines switched off in order to determine the background noise, L₃, at the assessed wind speed. The wind turbine noise at this wind speed, L₁, is then calculated as follows, where L₂ is the measured authorised development noise level at the assessed wind speed with turbines running but without the addition of any tonal penalty—

The authorised development noise level is re-calculated by adding the tonal penalty (if any) to the authorised development noise.

Article 10

SCHEDULE 2 STREET SUBJECT TO STREET WORKS

(1) Area	(2) Street subject to street works
County of Carmarthenshire	That part of the A485 within the Order limits.

Article 11

SCHEDULE 3 STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Footpath to be stopped up	(3) Extent of stopping up	(4) New footpath to be substituted
County of Carmarthenshire	13/92	Between points T1, T2, T3, T4 and T5.	Between points T1, T6, T7 and T5.
County of Carmarthenshire	13/90	Between points T8, T9 and T10.	Between points T8, T11 and T12.
County of Carmarthenshire	13/77	Between points T14, T10 and T13.	Between points T14, T15, T16, T17, T18, T19, T20, T21, T22, T23, T24 and T25.

(1)

S.I. 2003/1998.

(2)

S.I. 2010/490, to which there are amendments not relevant to this Order.

(3)

2011 c.24.