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The Clocaenog Forest Wind Farm Order 2014
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- UK Statutory Instruments
- 2014 No. 2441
- SCHEDULE 1
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Changes and effects yet to be applied to Schedule 1:
- Sch. 1 Pt. 1 table inserted by S.I. 2017/1197 art. 5(5)
- Sch. 1 Pt. 1 table entitled "New tracks" word substituted by S.I. 2017/1197 art. 5(3)(a)(i)
- Sch. 1 Pt. 1 table entitled "New tracks" word substituted by S.I. 2017/1197 art. 5(3)(a)(ii)
- Sch. 1 Pt. 1 table entitled "Existing tracks subject to improvement and widening" word substituted by S.I. 2017/1197 art. 5(4)(a)
- Sch. 1 Pt. 1 table entitled "Existing tracks subject to improvement and widening" word substituted by S.I. 2017/1197 art. 5(4)(b)
- Sch. 1 Pt. 1 table entitled "New tracks" words inserted by S.I. 2017/1197 art. 5(3)(b)
- Sch. 1 Pt. 3 para. 1 words substituted by S.I. 2017/1012 Sch. 6 para. 38
- Sch. 1 Pt. 1 words substituted by S.I. 2017/1197 art. 5(1)
- art. 36(1A) inserted by S.I. 2017/1197 art. 4(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- art. 36(1A) inserted by S.I. 2017/1197 art. 4(2)
Article 3
SCHEDULE 1E+WAuthorised project
PART 1E+WAuthorised development
Commencement Information
I1Sch. 1 Pt. 1 in force at 2.10.2014, see art. 1
In the County of Denbighshire and in the County Borough of Conwy—E+W
A wind energy electricity generating station with an installed capacity of between 64 and 96MW comprising a nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act consisting of—
Work No. 1 – Up to 32 wind turbines each sited on concrete foundations incorporating hardstanding for cranes, each turbine being fitted with rotating blades and having a height to blade tip of up to 145 metres and including external transformers located at the base of the turbine. The wind turbines comprising Work No. 1 will be situated at the following locations—
Wind turbine number Grid reference Easting Northing WT 1 301118 358328 WT 2 301550 358106 WT 3 301063 357801 WT 4 300021 357651 WT 5 300510 357483 WT 6 301065 357256 WT 7 300449 357030 WT 8 301282 356957 WT 9 300057 356694 WT 10 301308 356533 WT 11 301151 356100 WT 12 300741 355620 WT 13 301320 355593 WT 14 300957 355275 WT 15 301512 355170 WT 16 301081 354833 WT 17 301599 354551 WT 18 301885 354174 WT 19 302153 353716 WT 20 301561 353647 WT 21 300770 353343 WT 22 301297 353291 WT 23 302358 353159 WT 24 300610 352531 WT 25 301716 352540 WT 26 301193 352528 WT 27 302724 352076 WT 28 300752 352025 WT 29 301198 351850 WT 30 301382 351501 WT 31 300880 350721 WT 32 301232 350505 In Work No. 1, references to the locations of a wind turbine are references to the centre point of that turbine.
Work No. 2A – A series of electrical cables with a nominal voltage of 33 kilovolts together with a cable for the transmission of electronic communications buried beneath the surface of the ground along the general line of the tracks and roads comprised in Work No. 3 and connecting the wind turbines comprising Work No. 1 and the onsite electricity substation comprising Work No. 5A arranged in the following circuit routes—
Cable circuit route number Commencement point Termination point 1 Substation forming Work No. 5A WT1 WT1 WT2 WT2 WT3 WT3 WT4 WT4 WT5 WT5 WT7 WT7 WT9 2 Substation forming Work No. 5A WT6 WT6 WT8 WT8 WT10 WT10 WT11 WT11 WT12 WT12 WT13 WT13 WT14 3 Substation forming Work No. 5A WT15 WT15 WT16 WT16 WT17 WT17 WT18 WT18 WT20 WT20 WT21 4 Substation forming Work No. 5A WT19 WT19 WT22 WT22 WT23 WT23 WT24 WT24 WT26 WT26 WT28 5 Substation forming Work No. 5A WT25 WT25 WT27 WT27 WT29 WT29 WT30 WT30 WT31 WT31 WT32 Work No. 2B – A series of electrical cables with a nominal voltage of 33 kilovolts together with a cable for the transmission of electronic communications buried beneath the surface of the ground along the general line of the tracks and roads comprised in Work No. 3 and connecting the wind turbines comprising Work No. 1 and the onsite electricity substation comprising Work No. 5B arranged in the following circuit routes—
Cable circuit route number Commencement point Termination point 1 Substation forming Work No. 5B WT24 WT24 WT26 WT26 WT28 WT28 WT30 WT30 WT31 WT31 WT32 2 Substation forming Work No. 5B WT19 WT19 WT22 WT22 WT23 WT23 WT25 WT25 WT27 WT27 WT29 3 Substation forming Work No. 5B WT15 WT15 WT16 WT16 WT17 WT17 WT18 WT18 WT20 WT20 WT21 4 Substation forming Work No. 5B WT6 WT6 WT8 WT8 WT10 WT10 WT11 WT11 WT12 WT12 WT13 WT13 WT14 5 Substation forming Work No. 5B WT1 WT1 WT2 WT2 WT3 WT3 WT4 WT4 WT5 WT5 WT7 WT7 WT9 Work No. 3 – A series of new tracks, existing tracks subject to improvement and widening and public roads subject to widening as described in the following tables—
New tracks
Access track no Commencement point Termination point Easting Northing Easting Northing N1 301053 354912 301148 354923 N2 301732 353137 301759 353249 N7 300779 357705 301053 357760 N9 300551 354816 300680 354787 N12 301051 357035 301004 356965 N13 300997 356851 301005 356965 N14 301018 355995 301095 355964 N15 300780 355350 300896 355416 N18 301763 352551 301682 352621 N19 301187 352084 301232 351977 N20 300744 358780 300798 358668 N21 299761 357707 299720 357850 N22 300062 357628 299986 357686 N23 301289 352268 301345 352245 N24 301203 352481 301211 352434 N4 301260 351872 301521 351501 New spur tracks
Access track no Commencement point Termination point Easting Northing Easting Northing S1 301062 358319 301118 358328 S2 301515 358109 301549 358107 S3 301063 357801 301069 357772 S4 300030 357651 300021 357651 S5 300740 357556 300509 357483 S6 301122 357097 301065 357256 S7 300529 356984 300449 357030 S8 301122 357097 301282 356957 S9 300069 356708 300057 356694 S10 301343 356415 301308 356533 S11 301151 356100 301108 355973 S12 300741 355620 300999 355802 S13 301084 355554 301320 355593 S14 300834 355306 300957 355275 S15 301438 355078 301511 355170 S16 301081 354834 301063 354899 S17 301554 354556 301599 354551 S18 301885 354174 301845 354063 S19 301875 353692 302153 353716 S20 301475 353692 301561 353647 S21 300739 353256 300770 353343 S22 301295 353259 301297 353291 S23 302199 353104 302358 353159 S24 300686 352482 300610 352531 S25 301716 352540 301717 352591 S26 301268 352594 301193 352528 S27 302263 351904 302723 352077 S28 300841 352162 300841 352161 S29 301235 351963 301198 351850 S30 301378 351623 301382 351501 S31 301678 350884 300880 350721 S32 301301 350647 301232 350505 SMM1 299997 356584 299893 356575 SMM2 300653 351909 300734 351823 Existing tracks subject to improvement and widening
Access track no Commencement point Termination point Easting Northing Easting Northing E1 300890 358336 301051 358313 E2 301051 358313 301375 358861 E5 300649 357389 300023 357656 E6 300635 357032 301001 356966 E7 301001 356966 301122 357097 E8 300624 357064 300325 356915 E9 300330 356917 300224 356913 E10 300224 356913 299997 356584 E11 300781 355353 301103 355969 E12 301103 355970 301343 356415 E13 300570 355106 300609 354651 E14 300604 354689 300695 354798 E15 300695 354798 301053 354912 E16 301148 354922 301442 355081 E17 300609 354649 300728 354115 E18 300706 354150 301554 354556 E19 300729 354114 300659 353686 E20 300658 353686 300511 353164 E21 300510 353161 301845 354063 E22 300510 353161 300777 353046 E23 300775 353045 301194 353212 E24 301197 353212 301877 353693 E25 301196 353212 301707 353255 E26 301709 353255 301829 353240 E27 301833 353239 301908 353231 E28 301895 353232 302199 353104 E29 301731 353137 301309 352690 E30 301310 352692 300686 352482 E31 301311 352692 301191 352457 E32 301191 352456 301307 352227 E33 301191 352457 300653 351909 E34 301307 352227 301408 352268 E35 301408 352268 301552 352563 E36 301549 352557 301681 352621 E37 301849 352476 302224 352055 E38 302225 352055 302263 351904 E40 301307 352227 301187 352084 E41 301233 351978 301259 351861 E43 301521 351501 301693 351263 E46 301678 350885 301300 350648 E50 300997 356851 301018 355898 E51 301047 354916 301151 354924 E53 301053 357760 301515 358109 E54 301682 352621 301848 352477 E56 301678 350885 301693 351263 E57 300023 357656 299761 357707 Public roads subject to widening
Public road no Commencement point Termination point Easting Northing Easting Northing PR1 300744 358778 300624 357351 PR2 300624 357351 300634 357032 PR3 301085 355555 300571 355108 PR5 302454 350166 301749 351092 In constructing Work No. 3 the undertaker may—
(a)provide temporary passing places for construction vehicles at any location along the line of the work shown on the works plan within the limits of deviation for Work No. 3; and
(b)construct culverts to carry any watercourse under Work No. 3 and extend or replace any existing culvert to carry such a watercourse.
Work No. 4A – A widening of part of the of the unnamed public road shown as PR1 at X on Works Plan 1 to provide construction, maintenance and emergency site access commencing at Ordnance Survey National Grid Reference Point SJ0074458778.
Work No. 4B – A widening of part of the of the unnamed public road shown as PR5 at X on Works Plan 7 to provide construction, maintenance and emergency site access commencing at Ordnance Survey National Grid Reference Point SJ0245550165.
Work No. 5A – An onsite electricity substation comprising an enclosed area of hardstanding of 4080 square metres located at Ordnance Survey National Grid Reference Point SJ0136958813 and including a control building to house switch gear and control equipment.
Work No. 5B – An onsite electricity substation comprising an enclosed area of hardstanding of 4080 square metres located at Ordnance Survey National Grid Reference Point SJ0215150472 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 100 metres and sited on an area of hardstanding of 900 square metres and located at Ordnance Survey National Grid Reference Point SH9989356575. Work No. 6 includes a cable for the transmission of electronic communications from wind turbine No. 9 comprised in Work No. 1 along the line of existing track No. E10 and new spur track No. SMM1 comprised in Work No. 3.
Work No. 7 – A meteorological mast for the purpose of monitoring and recording wind speed and direction as well as air temperature, having a height of 100 metres and sited on an area of hardstanding of 900 square metres and located at Ordnance Survey National Grid Reference Point SJ0073551823. Work No. 7 includes a cable for the transmission of electronic communications along the line of existing track No. E33 from its junction with new spur track No. S28 and new spur track No. SMM2 comprised in Work No. 3.
Work No. 8 – A temporary civil construction compound comprising an enclosed area of hardstanding of 2500 square metres located at Ordnance Survey National Grid Reference Point SJ0095558354 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. 9 – A temporary civil construction compound comprising an enclosed area of hardstanding of 2500 square metres located at Ordnance Survey National Grid Reference Point SJ0178451133 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. 10 – A borrow pit for the extraction of stone to be used in the construction of the authorised development, having an area of 39,200 square metres and a depth of up to 18 metres located at Ordnance Survey National Grid Reference Point SJ0189157562.
Work No. 11 – A borrow pit for the extraction of stone to be used in the construction of the authorised development, having an area of approximately 13,600 square metres and a depth of up to 16 metres located at Ordnance Survey National Grid Reference Point SJ0246654106.
Work No. 12 – A borrow pit for the extraction of stone to be used in the construction of the authorised development, having an area of approximately 18,300 square metres and a depth of up to 20 metres located at Ordnance Survey National Grid Reference Point SJ0185151493.
Work No. 13 – A borrow pit for the extraction of stone to be used in the construction of the authorised development, having an area of approximately 11,300 square metres and a depth of up to 19 metres located at Ordnance Survey National Grid Reference Point SJ0078050630.
Work No. 14A – A temporary electrical compound comprising an enclosed area of hardstanding of 2500 square metres located adjacent to the onsite electricity substation forming Work No. 5A at Ordnance Survey National Grid Reference Point SJ0131558784.
Work No. 14B – A temporary electrical compound comprising an enclosed area of hardstanding of 2500 square metres located adjacent to the onsite electricity substation forming Work No. 5B at Ordnance Survey National Grid Reference Point SJ0219750429.
PART 2E+WAncillary works
Highway worksE+W
1. Landscaping and clearance of vegetation required in connection with Work No. 3.
Commencement Information
I2Sch. 1 Pt. 2 para. 1 in force at 2.10.2014, see art. 1
PART 3E+WRequirements
DefinitionsE+W
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;
“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;
“ecological clerk of works” means a suitably qualified environmental professional or group of professionals;
“European protected species” means a species listed in Schedules 2 or 5 of the Conservation of Habitats and Species Regulations 2010;
“felling” means any felling or lopping undertaken pursuant to article 28 (felling or lopping of trees) of this Order;
“first export date” means the date the authorised development first exports electricity on a commercial basis;
“Noise Guidance” means the guidance in Part 4 of this Schedule;
“NRW” means Natural Resources Wales;
“site” means land within the Order limits;
“stakeholder group” means the representatives of organisations which will advise on the measures within the habitat management plan and the implementation of those measures;
“TMFGL” means Tir Mostyn and Foel Goch Limited (reg no 5264934) or the owner from time to time of the Tir Mostyn and Foel Goch Wind Farm;
“Welsh devolved function” has the meaning given by section 36 of the Public Bodies Act 2011; and
“wind turbines” means the wind turbines forming part of Work No. 1 and “wind turbine” shall be construed accordingly.
Commencement Information
I3Sch. 1 Pt. 3 para. 1 in force at 2.10.2014, see art. 1
Submission and approval of detailsE+W
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, and
(c)the approved details, scheme or plan are to 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 environment statement and that where under any Requirement there is an obligation to consult with a third party prior to the submission of any details, scheme or plan for approval to the relevant planning authority then there shall be an obligation to consult with the same third party prior to the submission of any amendments to the approved details, scheme or plan to the relevant planning authority.
Commencement Information
I4Sch. 1 Pt. 3 para. 2 in force at 2.10.2014, see art. 1
Time limitsE+W
3. The authorised development must be commenced within 5 years of the date of this Order.
Commencement Information
I5Sch. 1 Pt. 3 para. 3 in force at 2.10.2014, see art. 1
Expiry of development consentE+W
4.—(1) The development consent granted by this Order expires 25 years after the first export date.
(2) Confirmation of the first export date must be provided by the undertaker to the relevant planning authority within one month of its occurrence.
Commencement Information
I6Sch. 1 Pt. 3 para. 4 in force at 2.10.2014, see art. 1
Decommissioning and site restorationE+W
5.—(1) Not less than 12 months before the expiry of the development consent granted by this Order, a decommissioning and site restoration scheme must be submitted to the relevant planning authority for its approval.
(2) The decommissioning and site restoration scheme must include provision for—
(a)removal of all above-ground elements of the authorised development (with the exception of Work No. 3 and Work No.4A or 4B),
(b)removal of turbine bases and cabling to one metre below ground level, and
(c)restoration of the disturbed areas.
(3) Decommissioning and restoration must be completed in accordance with the approved decommissioning and site restoration scheme within the period set out in the approved scheme.
Commencement Information
I7Sch. 1 para. 5 in force at 2.10.2014, see art. 1
Failure of turbinesE+W
6.—(1) If any wind turbine fails to provide electricity to the grid for a continuous period of 12 months the undertaker must—
(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 and cabling more than one metre below ground level) is to be removed from the Order limits and how the disturbed areas will be restored, 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.
(2) The agreement of the relevant planning authority in paragraph (1)(c) may only be given in relation to immaterial changes where the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
Commencement Information
I8Sch. 1 para. 6 in force at 2.10.2014, see art. 1
PlansE+W
7.—(1) Subject to the power to deviate set out in article 6 (power to deviate) and any other Requirement the authorised development is to be carried out in accordance with the plans or other documents certified in accordance with article 36 (certification of plans etc).
(2) No wind turbine may be constructed—
(a)within 50m from the highest point of existing and new forest edge, when measured from the closest part of the rotor sweep of any wind turbine; and
(b)within 50m of any watercourse shown on Figure 8.1 of the environmental statement.
(3) Subject to the requirements of paragraph (2), no other part of the authorised development with the exception of road widening and culverting may be carried out within 30m of any watercourse shown on Figure 8.1 of the environmental statement unless shown on the plans or other documents certified in accordance with article 36 or unless approved by the relevant planning authority.
(4) The approval of the relevant planning authority in paragraph (2) may only be given in relation to immaterial changes where the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
Commencement Information
I9Sch. 1 para. 7 in force at 2.10.2014, see art. 1
Construction traffic management planE+W
8.—(1) No authorised development may commence until, following consultation with the Department of Transport of the Welsh Government and any relevant highway authority, a construction traffic management plan has been submitted to and approved by the relevant planning authority.
(2) The construction traffic management plan in paragraph (1) must include—
(a)construction vehicle routing plans,
(b)site access plans,
(c)details of the management of junctions to and crossings of the public highway and other public rights of way,
(d)details of the scheduling and timing of movements of delivery vehicles including details of abnormal indivisible loads,
(e)details of escorts for abnormal indivisible loads,
(f)details of temporary warning signs and banksman and escort details,
(g)proposals for assessing the existing condition of affected highways,
(h)details of any temporary or permanent improvements to the public highway,
(i)details of the implementation and management of temporary passing places along the B4501 and the unnamed road into the Site,
(j)details 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, and
(k)details of the maintenance of access to TMFG wind farm from the B4501 during the construction period of any works to the B4501 in connection with the authorised development together with details of the maintenance of access to clusters B and C of the TMFG wind farm along highways PR1 and PR2 shown on the access plan during the construction of the authorised development.
(3) The construction traffic management plan must be implemented as approved.
(4) Before any wind turbine is removed or replaced a revised construction traffic management plan, dealing with that removal or replacement, must be submitted to and approved by the relevant planning authority.
Commencement Information
I10Sch. 1 para. 8 in force at 2.10.2014, see art. 1
Construction method statementE+W
9.—(1) No authorised development may commence until, following consultation with NRW, a construction method statement has been submitted to and approved by the relevant planning authority.
(2) The construction method statement in paragraph (1) must be based on the principles set out in the Outline Construction Method Statement, included as Annex 3.1 to the environmental statement, and include the following plans as appendices—
(a)Construction Environmental Management Plan;
(b)Waste Management Plan;
(c)Emergency Response Plan;
(d)Soil and Peat Management Plan;
(e)Borrow Pit Design and Site Restoration Plan;
(f)any relevant Species Protection Plans; and
(g)Surface Water Management Plan.
(3) The construction method statement in paragraph (1) must include details of—
(a)roles and responsibilities and accountabilities for the multi-discipline team of engineering construction and environment staff,
(b)mitigation measures to avoid harm to relevant protected species and minimise damage to relevant habitats,
(c)the timing of construction works, including the timing of vegetation removal to avoid the potential for effects on protected species including reptiles and nesting birds,
(d)the vehicle washing facilities, including siting if required to be undertaken on site,
(e)the timing of works and methods of working for cable trenches, foundation works and erection of the wind turbines,
(f)the timing of works and construction of the substation/control buildings and anemometry mast,
(g)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,
(h)the pollution control and prevention measures including—
(i)sediment control measures,
(ii)measures for the bunding of fuel, oil and chemical storage areas,
(iii)sewage disposal measures,
(iv)measures for the protection of water courses and ground water and soils,
(v)a programme for monitoring private water supplies, water courses and water bodies before and during the authorised project, including details of the action to be taken if monitoring indicates adverse effects on private water supplies, water courses or water bodies,
(i)the management of waste arisings,
(j)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),
(k)a routing strategy to ensure that construction vehicles use agreed routes,
(l)the handling, storage and re-use on site of excavated top soil,
(m)the handling, storage and management of any peat excavated,
(n)the design and construction methods of Works No. 3, and 4A or 4B, 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 those Works and disturbed areas enters any watercourse,
(o)access track construction and widening including the nature, type and quantity of materials to be imported on site for backfilling operations or construction of access tracks,
(p)the management of groundwater and surface water (including mitigation to protect water bodies, water courses and private water supplies),
(q)the management of dust generation during excavations and soil handling,
(r)the proposed location of 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,
(s)the design and construction of any culverts upgrades or replacements,
(t)the method of borrow pit working including means of extraction, handling, storage and re-use of soil, drainage control and restoration,
(u)the protocols and programme for any required environmental monitoring to be made publicly available on an annual basis,
(v)the restoration of the site which will be temporarily used for construction, and
(w)the proposed communications protocol and the mechanism for investigating complaints, including the action to be taken where complaint investigations indicate materially adverse effects have occurred as a result of the construction of the authorised project.
(4) 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.
(5) The construction method statement shall be implemented as approved.
Commencement Information
I11Sch. 1 para. 9 in force at 2.10.2014, see art. 1
HighwaysE+W
10. No wind turbine parts may be delivered to the site before detailed plans and drawings in respect of Work No. 4A or 4B (whichever is decided on by the undertaker) 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.
Commencement Information
I12Sch. 1 para. 10 in force at 2.10.2014, see art. 1
11. The authorised development may not commence until, following consultation with the Department for Transport of the Welsh Government and any relevant highway authority, details of temporary or permanent improvements to the public highway have been submitted to and approved by the relevant planning authority. The improvement works are to be implemented in accordance with the approved details.
Commencement Information
I13Sch. 1 para. 11 in force at 2.10.2014, see art. 1
12. The authorised development may not commence until following consultation with the Department for Transport of the Welsh Government and any relevant highway authority 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. The reinstatement works are to be implemented in accordance with the approved details.
Commencement Information
I14Sch. 1 para. 12 in force at 2.10.2014, see art. 1
Construction hoursE+W
13.—(1) 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 0700 to 1300 hours on Saturdays other than as allowed for under paragraph (2). No work may take place outside these hours, or on public holidays, unless otherwise previously agreed by the relevant planning authority.
(2) Delivery of turbine and delivery and assembly of crane components and other critical operations may take place outside the times specified in paragraph (1), if approved by the relevant planning authority.
Commencement Information
I15Sch. 1 para. 13 in force at 2.10.2014, see art. 1
14. With respect to paragraph (2) of Requirement 13, such approval may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant planning authority that the approval is unlikely to give rise to any materially new or materially different effects from construction or maintenance activities taking place on the days and hours set out in those clauses.
Commencement Information
I16Sch. 1 para. 14 in force at 2.10.2014, see art. 1
Habitat management planE+W
15.—(1) No authorised development may commence until, following consultation with NRW, a detailed habitat management plan has been submitted to and approved by the relevant planning authority.
(2) The detailed habitat management plan in paragraph (1) is to be based on the key objectives and principles set out in the outline habitat management plan included as Annex 9.10 to the environmental statement.
(3) The habitat management plan in paragraph (1) must include measures to—
(a)establish and manage heathland habitat,
(b)restore and manage peatland habitat,
(c)establish and manage suitable habitat for dormice,
(d)contribute to grey squirrel control,
(e)establish and manage suitable habitat for black grouse and nightjar,
(f)monitor the effect of the authorised development and the effectiveness of habitat management upon bats, dormice, black grouse and heathland/peatland habitats. If, following consideration of monitoring results the relevant planning authority believes it is necessary to do so, management prescriptions included in the habitat management plan will be reviewed as necessary,
(g)monitor the effect of the authorised development upon nightjars. If, following consideration of monitoring results the relevant planning authority believes it is necessary to do so, implement the mitigation measures set out in the environmental statement. The measures shall include undertaking a study of nightjar churring against weather conditions prior to construction commencing to inform detailed mitigation proposals, and
(h)establish the membership, terms of reference and provisions for the management of the proposed stakeholder group.
(4) The habitat management plan is to be implemented as approved.
Commencement Information
I17Sch. 1 para. 15 in force at 2.10.2014, see art. 1
Access management planE+W
16.—(1) No authorised development shall commence until, following consultation with NRW, an access management plan has been submitted to and approved by the relevant planning authority.
(2) The access management plan must include—
(a)details of the temporary re-routing of public rights of way during construction of the authorised development,
(b)details of the permanent re-routing of FP19 prior to the operational phase,
(c)details of the provision of signage and other information alerting the public to construction works,
(d)details of any fencing or barriers to be provided during the construction period,
(e)details as to how public rights of way, paths and roads will be inspected prior to and monitored during the construction period,
(f)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,
(g)details as to how any paths found to be impassable during surveying will be cleared,
(h)details of temporary alternative routes for any public rights of way that need to be diverted,
(i)details of funds for improved signage/orientation,
(j)details as to the provision of a new way-marked route for the life of the development,
(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 during the construction works, and
(m)details of permissive routes to be provided within the public access management areas during the construction phase.
(3) The access management plan is to be implemented as approved by the relevant planning authority.
Commencement Information
I18Sch. 1 para. 16 in force at 2.10.2014, see art. 1
FellingE+W
17.—(1) All felling must be undertaken in accordance with the relevant guidance specified in paragraph (2) and NRW best practice (as amended from time to time).
(2) The relevant guidance is—
(a)The UK Forestry Standard;
(b)UKFS Guidelines – Forests and Water (2011);
(c)UKFS Guidelines – Forests and Soil (2011);
(d)UKFS Guidelines – Forests and Biodiversity (2011); and
(e)UKFS Guidelines – Forests and Historic Environment (2011).
Commencement Information
I19Sch. 1 para. 17 in force at 2.10.2014, see art. 1
AppearanceE+W
18. The wind turbines may 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 must be completed in accordance with the approved details.
Commencement Information
I20Sch. 1 para. 18 in force at 2.10.2014, see art. 1
19. Notwithstanding any design or colour approved by the relevant planning authority pursuant to Requirement 18, all wind turbines must be of a 3 bladed configuration and of a semi-matt finish.
Commencement Information
I21Sch. 1 para. 19 in force at 2.10.2014, see art. 1
20.—(1) No wind turbine may display any name, sign, symbol or logo on any external surface, unless such name, sign, symbol or logo has been approved in writing by the relevant planning authority.
(2) Paragraph (1) of this Requirement does not apply to any name, sign, symbol or logo required by law or for health and safety reasons.
Commencement Information
I22Sch. 1 para. 20 in force at 2.10.2014, see art. 1
21. All wind turbines’ blades are to rotate in the same direction. Without prejudice to Requirement 28 the wind turbines may not be illuminated, save for a sensor-operated access light.
Commencement Information
I23Sch. 1 para. 21 in force at 2.10.2014, see art. 1
22. Before construction of Work No. 5A or 5B, details of the external design, appearance and finish of the substation and any associated hard standing areas, and the electrical compound must be submitted to and approved by the relevant planning authority. The authorised development is to be completed in accordance with the approved details.
Commencement Information
I24Sch. 1 para. 22 in force at 2.10.2014, see art. 1
Shadow flickerE+W
23. The authorised development may 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 must include a time limit for the investigation of complaints, and for the implementation of mitigation measures. The scheme is to be implemented as approved.
Commencement Information
I25Sch. 1 para. 23 in force at 2.10.2014, see art. 1
ArchaeologyE+W
24.—(1) No authorised development may commence until a scheme of archaeological investigation has been submitted to and approved by the relevant planning authority.
(2) The scheme of archaeological investigation must incorporate—
(a)a walkover survey before commencement of the authorised development;
(b)fencing to be provided around Twr yr Hill round barrow and Maen Cred standing stone during construction works;
(c)where presence of archaeological remains is established a watching brief will be undertaken during construction to record the surviving archaeological remains;
(d)a watching brief during construction of all other infrastructure to record any previously unknown archaeological remains that may be present; and
(e)proposed peat core sampling.
(3) The scheme of archaeological investigation shall be implemented as approved.
Commencement Information
I26Sch. 1 para. 24 in force at 2.10.2014, see art. 1
Ecological clerk of worksE+W
25.—(1) No authorised development may commence until, following consultation with NRW and approval by the relevant local planning authority, an ecological clerk of works has been appointed.
(2) An ecological clerk of works is to be retained throughout the duration of civil construction works on site to advise on minimising ecological effects of the construction activities.
Commencement Information
I27Sch. 1 para. 25 in force at 2.10.2014, see art. 1
Surface water drainageE+W
26.—(1) No authorised development may commence until, following consultation with NRW, 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 details of the surface water drainage system submitted under paragraph (1) must accord with the Outline Surface Water Management Plan at Annex 8.1 of the environmental statement to ensure that existing runoff regimes are maintained where possible and no increase in peak runoff is experienced within receiving watercourses as a consequence of the authorised development and shall include a mechanism to establish a baseline for the existing surface water drainage conditions.
(3) The surface water drainage system is to be constructed in accordance with the approved details.
Commencement Information
I28Sch. 1 para. 26 in force at 2.10.2014, see art. 1
Accumulation and depositsE+W
27.—(1) No authorised development may commence until, following consultation with NRW, 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 is to be implemented before and maintained during the construction, operation and decommissioning of the authorised development.
Commencement Information
I29Sch. 1 para. 27 in force at 2.10.2014, see art. 1
Infra-red aviation lightingE+W
28. No wind turbine shall be erected until, following 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 must be installed in accordance with the approved details and maintained until the wind turbines are decommissioned in accordance with Requirements.
Commencement Information
I30Sch. 1 para. 28 in force at 2.10.2014, see art. 1
Defence Geographic CentreE+W
29. No wind turbine may 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.
Commencement Information
I31Sch. 1 para. 29 in force at 2.10.2014, see art. 1
NoiseE+W
30.—(1) 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 Noise Guidance, may not exceed the values set out in Table 1 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 are to be those of the physically closest location listed in Table 1 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 Table 1 are those listed in Table 2.
(2) The agreement of the relevant planning authority in paragraph (1) may only be given in relation to immaterial changes where the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
Table 1
The LA90,10min dB noise level
| Location | Standardised wind speed at 10 metre height (m/s) | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | |
| Bron Bannog | 39.1 | 39.1 | 39.1 | 39.1 | 39.1 | 39.1 | 39.1 | 39.1 | 39.1 | 41.7 | 44.3 | 46.6 |
| Castell y Waen | 30.8 | 30.8 | 30.8 | 30.8 | 30.8 | 30.8 | 30.8 | 30.8 | 31.9 | 33.5 | 35.1 | 36.7 |
| Cefn Rofft | 36.7 | 36.7 | 36.7 | 36.7 | 36.7 | 36.7 | 36.7 | 36.7 | 39.0 | 42.3 | 45.6 | 48.8 |
| Cefnbannog | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 38.3 | 42.1 | 45.8 | 49.3 |
| Crud-y-Gwynt | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.9 | 41.0 | 42.3 | 43.8 | 45.4 |
| Cruglas | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 41.4 | 44.3 |
| Diffws | 37.2 | 37.2 | 37.2 | 37.2 | 37.3 | 39.0 | 40.7 | 42.2 | 43.3 | 44.0 | 44.4 | 44.6 |
| Hafod Caradoc | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.8 | 35.4 | 38.1 | 40.8 |
| Hafod Ty Ddu | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 35.1 | 39.2 | 42.6 | 45.7 | 48.8 |
| Hafotty Newydd | 38.7 | 38.7 | 38.7 | 38.7 | 38.7 | 38.7 | 38.7 | 38.7 | 38.9 | 41.7 | 44.5 | 47.2 |
| Plas Nant Glyn | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 |
| Tai’n-y-Waens | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 40.9 | 44.1 | 47.2 | 50.2 |
| Tal-y-cefn Uchaf | 39.2 | 39.2 | 39.2 | 39.2 | 39.2 | 39.2 | 39.2 | 40.2 | 43.4 | 46.6 | 49.8 | 52.8 |
| Trawsnant | 38.4 | 38.4 | 38.4 | 38.4 | 38.4 | 38.4 | 38.4 | 38.4 | 38.4 | 39.4 | 41.9 | 44.9 |
| Boced | 35.1 | 35.1 | 35.1 | 35.1 | 35.1 | 35.1 | 35.1 | 35.1 | 35.1 | 36.1 | 38.6 | 41.5 |
| Bod Petryal | 32.7 | 32.7 | 32.7 | 32.7 | 32.7 | 32.7 | 32.7 | 33.7 | 35.7 | 35.7 | 35.7 | 35.7 |
| Bryn Bach | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 35.2 | 37.7 | 40.7 |
| Bryn Gaseg | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 36.5 | 39.8 | 43.1 | 46.3 |
| Bryn-celyn | 33.8 | 33.8 | 33.8 | 33.8 | 33.8 | 33.8 | 33.8 | 34.8 | 36.8 | 36.8 | 36.8 | 36.8 |
| Brynhyfryd | 35.3 | 35.3 | 35.3 | 35.3 | 35.3 | 35.3 | 35.3 | 35.3 | 36.1 | 39.9 | 43.6 | 47.1 |
| Bryn-y-gwrgi | 37.6 | 37.6 | 37.6 | 37.6 | 37.6 | 37.6 | 37.6 | 37.6 | 39.3 | 42.5 | 45.6 | 48.6 |
| Bryn-yr-eryr | 33.1 | 33.1 | 33.1 | 33.1 | 33.1 | 33.1 | 33.1 | 33.1 | 35.5 | 38.8 | 42.1 | 45.3 |
| Capel Hiraethog | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 40.0 | 42.9 |
| Derwydd | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 37.6 | 40.8 | 44.2 | 47.4 |
| Drws-y-Buddel | 31.7 | 31.7 | 31.7 | 31.7 | 31.7 | 31.7 | 31.7 | 31.7 | 31.7 | 32.7 | 35.2 | 38.2 |
| Foel | 36.1 | 36.1 | 36.1 | 36.1 | 36.1 | 36.1 | 36.1 | 36.1 | 38.5 | 41.7 | 45.1 | 48.3 |
| Garreg-Iwyd | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 33.4 | 36.1 | 38.8 |
| Glan-y-gors | 34.7 | 34.7 | 34.7 | 34.7 | 34.7 | 34.7 | 34.7 | 34.7 | 34.7 | 37.3 | 39.9 | 42.2 |
| Hafod Olygfa | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 34.6 | 38.7 | 42.1 | 45.2 | 48.3 |
| Hafotty Bach | 36.3 | 36.3 | 36.3 | 36.3 | 36.3 | 36.3 | 36.3 | 36.3 | 36.3 | 37.3 | 39.9 | 42.8 |
| Hafotty Hendre | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 41.2 | 44.4 | 47.5 | 50.5 |
| Isgaer-wen | 38.0 | 38.0 | 38.0 | 38.0 | 38.0 | 38.0 | 38.0 | 38.0 | 38.2 | 41.0 | 43.8 | 46.5 |
| Lodge Isaf | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 36.3 | 40.1 | 43.9 | 47.3 |
| Lodge Uchaf | 35.7 | 35.7 | 35.7 | 35.7 | 35.7 | 35.7 | 35.7 | 35.7 | 36.5 | 40.3 | 44.0 | 47.5 |
| Maes Cadarn | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 39.6 | 42.5 |
| Nant Uchaf | 38.1 | 38.1 | 38.1 | 38.1 | 38.1 | 38.1 | 38.1 | 38.1 | 38.1 | 39.1 | 41.6 | 44.6 |
| Pantdedwydd | 36.6 | 36.6 | 36.6 | 36.6 | 36.6 | 36.6 | 36.6 | 36.6 | 38.9 | 42.2 | 45.5 | 48.7 |
| Pedair-a-dimai | 31.9 | 31.9 | 31.9 | 31.9 | 31.9 | 31.9 | 31.9 | 31.9 | 34.3 | 37.6 | 40.9 | 44.1 |
| Pen-Bedw | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 36.5 | 39.0 | 41.9 |
| Pennant | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 40.1 | 43.0 |
| Pennant Uchaf | 32.5 | 32.5 | 32.5 | 32.5 | 32.5 | 32.5 | 32.5 | 32.5 | 32.5 | 34.6 | 37.3 | 40.0 |
| Pen-y-bryn | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 36.2 | 38.2 | 38.2 | 38.2 | 38.2 |
| Pen-y-Lan | 37.4 | 37.4 | 37.4 | 37.4 | 37.4 | 37.4 | 37.4 | 37.4 | 37.4 | 38.4 | 40.9 | 43.8 |
| Seler | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 39.3 | 41.8 | 44.8 |
| Tai Ucha | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 39.2 | 41.7 | 44.7 |
| Tai’n-y-graig | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 38.7 | 41.8 | 45.0 | 48.2 | 51.3 |
| Tal y Cefn Isaf | 38.8 | 38.8 | 38.8 | 38.8 | 38.8 | 38.8 | 38.8 | 38.8 | 40.5 | 43.7 | 46.8 | 49.8 |
| Tan-y-bwlch | 34.8 | 34.8 | 34.8 | 34.8 | 34.8 | 34.8 | 34.8 | 35.8 | 37.8 | 37.8 | 37.8 | 37.8 |
| Ty Newydd | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 33.8 | 36.5 | 39.2 |
| Ty-nant | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 40.1 | 43.4 | 46.7 | 49.9 |
| Ty’n-y-ffordd | 30.5 | 30.5 | 30.5 | 30.5 | 30.5 | 30.5 | 30.5 | 30.5 | 32.9 | 36.2 | 39.5 | 42.7 |
| Ty-Uchaf | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 38.0 | 40.8 | 43.6 | 46.4 |
| Waen Ganol | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 40.1 | 42.7 | 45.0 |
| Waen Ganol2 | 37.2 | 37.2 | 37.2 | 37.2 | 37.2 | 37.2 | 37.2 | 37.2 | 37.2 | 39.8 | 42.4 | 44.7 |
| Waen Uchaf | 38.5 | 38.5 | 38.5 | 38.5 | 38.5 | 38.5 | 38.5 | 38.5 | 38.5 | 41.1 | 43.7 | 46.0 |
| Wern Uchaf | 27.3 | 27.3 | 27.3 | 27.3 | 27.3 | 27.3 | 27.5 | 29.5 | 31.8 | 34.3 | 37.0 | 39.7 |
Table 2
Coordinate locations of the properties listed in Table 1
| Property | Easting | Northing |
|---|---|---|
| Bron Bannog | 303230 | 352830 |
| Castell y Waen | 299803 | 362240 |
| Cefn Rofft | 300882 | 349754 |
| Cefnbannog | 302337 | 351034 |
| Crud-y-Gwynt | 302463 | 354928 |
| Cruglas | 302917 | 353853 |
| Diffws | 302388 | 357614 |
| Hafod Caradoc | 298722 | 359204 |
| Hafod Ty Ddu | 301570 | 359341 |
| Hafotty Newydd | 300176 | 354208 |
| Plas Nant Glyn | 300377 | 361202 |
| Tai’n-y-Waens | 299856 | 351666 |
| Tal-y-cefn Uchaf | 299732 | 352723 |
| Trawsnant | 302393 | 356134 |
| Boced | 302976 | 358286 |
| Bod Petryal | 303760 | 351073 |
| Bryn Bach | 302098 | 358784 |
| Bryn Gaseg | 300677 | 349373 |
| Bryn-celyn | 302053 | 349903 |
| Brynhyfryd | 303561 | 351370 |
| Bryn-y-gwrgi | 299592 | 350697 |
| Bryn-yr-eryr | 300984 | 349178 |
| Capel Hiraethog | 303741 | 354707 |
| Derwydd | 300348 | 349609 |
| Drws-y-Buddel | 302225 | 359813 |
| Foel | 299701 | 350042 |
| Garreg-Iwyd | 300264 | 359607 |
| Glan-y-gors | 304906 | 351677 |
| Hafod Olygfa | 301400 | 359413 |
| Hafotty Bach | 303271 | 357991 |
| Hafotty Hendre | 300246 | 351304 |
| Isgaer-wen | 299620 | 354471 |
| Lodge Isaf | 303100 | 351300 |
| Lodge Uchaf | 302715 | 351159 |
| Maes Cadarn | 303961 | 355254 |
| Nant Uchaf | 302894 | 355876 |
| Pantdedwydd | 301360 | 349728 |
| Pedair-a-dimai | 300207 | 349245 |
| Pen-Bedw | 303639 | 357401 |
| Pennant | 303922 | 354677 |
| Pennant Uchaf | 299059 | 359533 |
| Pen-y-bryn | 301707 | 349724 |
| Pen-y-Lan | 303807 | 356760 |
| Seler | 302815 | 355559 |
| Tai Ucha | 302775 | 356368 |
| Tai’n-y-graig | 298676 | 352289 |
| Tal y Cefn Isaf | 299388 | 352000 |
| Tan-y-bwlch | 301894 | 349893 |
| Ty Newydd | 299434 | 359360 |
| Ty-nant | 300215 | 350152 |
| Ty’n-y-ffordd | 299922 | 349210 |
| Ty-Uchaf | 299007 | 353971 |
| Waen Ganol | 304136 | 353152 |
| Waen Ganol2 | 304169 | 352986 |
| Waen Uchaf | 303718 | 353376 |
| Wern Uchaf | 298304 | 360149 |
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.
Commencement Information
I32Sch. 1 para. 30 in force at 2.10.2014, see art. 1
31. 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 this Order came into force, the undertaker must, 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 Noise Guidance in Part 4.
Commencement Information
I33Sch. 1 para. 31 in force at 2.10.2014, see art. 1
32. The undertaker must, if directed by the relevant planning authority, switch off any of the wind turbines in order to assess compliance with the noise limits.
Commencement Information
I34Sch. 1 para. 32 in force at 2.10.2014, see art. 1
33. The undertaker must 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 must 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.
Commencement Information
I35Sch. 1 para. 33 in force at 2.10.2014, see art. 1
34. The undertaker must continuously log wind speed wind direction and power generation at each of the turbines on the site relating to authorised development. The undertaker must continuously log wind speed and wind direction at all anemometer masts on the site. The undertaker must provide all logged data to the relevant planning authority at its written request and in accordance with the Noise Guidance within 28 days of such request. All data is to be retained until the commencement of a decommissioning and site restoration scheme under Requirement 5.
Commencement Information
I36Sch. 1 para. 34 in force at 2.10.2014, see art. 1
35.—(1) No authorised development may commence until an assessment demonstrating that noise from the electrical substation on the site would not exceed a level of 30 dB LAeq at the nearest residential property has been submitted to and approved in writing by the relevant planning authority.
(2) The substation is to be constructed in accordance with the approved assessment.
Commencement Information
I37Sch. 1 para. 35 in force at 2.10.2014, see art. 1
PART 4E+WNoise Guidance for Requirements 30 to 35
1.—(1) Values of the LA90,10min 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 paragraph 3 shall also be satisfied.E+W
(2) The microphone should be mounted at 1.2 to 1.5 m above ground level, fitted with a two layer windshield (or suitable alternative approved in writing from 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 3.5m away from the building facade or any reflecting surface except the ground at a location that shall be agreed with the relevant planning authority.
(3) The LA90,10min 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.
(4) The undertaker shall continuously log arithmetic mean wind speed and arithmetic mean wind direction data in 10 minute periods from the hub height of anemometers 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(1) 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 paragraph 2(1) in the manner described in paragraph 2(3).
Commencement Information
I38Sch. 1 Pt. 4 para. 1 in force at 2.10.2014, see art. 1
2.—(1) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in sub-paragraph (2). 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 31 to the relevant planning authority.E+W
(2) Valid data points are those measured in the climatic conditions specified by the relevant planning authority but excluding periods of rain. 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 paragraph 1(3) and is situated in the vicinity of the sound level meter.
(3) A least squares, “best fit” curve of a maximum 4th 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 paragraph 1(4)) plotted against the measured LA90,10min noise level. The noise level at each integer speed shall be derived from this best-fit curve.
Commencement Information
I39Sch. 1 Pt. 4 para. 2 in force at 2.10.2014, see art. 1
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—E+W
(a)for each 10-minute interval for which LA90,10min data have been obtained as provided for in paragraph 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, Ltm (Delta Ltm), 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 measured noise level from the authorised development, as determined from the best-fit curve described in paragraph 2, and the penalty for tonal noise.
Commencement Information
I40Sch. 1 Pt. 4 para. 3 in force at 2.10.2014, see art. 1
4. If the measured noise level from the authorised development (including the application of any tonal penalty as per paragraph 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 30 or 35. This may be achieved by repeating the steps in paragraphs 1 and 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 noise level from the authorised development at the assessed wind speed with turbines running but without the addition of any tonal penalty—E+W
The measured noise level from the authorised development is re-calculated by adding the tonal penalty (if any) to the corrected noise level L1.
Commencement Information
I41Sch. 1 Pt. 4 para. 4 in force at 2.10.2014, see art. 1
(1)
“The Assessment and Rating of Noise from Wind Farm” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI).
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