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SCHEDULE 1AUTHORISED PROJECT

PART 3REQUIREMENTS

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 LA90,10min dB Noise Level Between 23:00 and 07:00 hours. Between 23:00 and 07:00 – Noise level dB LA90, 10-minute

LocationStandardised wind speed at 10 metre height (m/s)
123456789101112
Lan-Clyn-Adda40.040.040.040.040.040.040.040.040.943.343.343.3
Bryngwili43.043.043.043.043.043.043.043.043.045.147.747.7
Cwm Llydan Ganol43.043.043.043.043.043.043.043.043.045.147.747.7
Cwmllydan Isaf43.043.043.043.043.043.043.043.043.045.147.747.7
Tyllwyd43.043.043.043.043.043.043.043.043.045.147.747.7
Cwmere43.043.043.043.043.043.043.043.043.946.346.346.3
Ystrad43.043.043.043.043.043.043.043.043.043.043.043.0
Gilfach Meredydd43.043.043.043.043.043.043.043.043.043.043.043.0
Cae’r-blaidd43.043.043.043.043.043.043.043.043.344.644.644.6
Ffynnon-Las39.039.039.039.039.039.039.139.545.050.350.350.3
Blaen-nant-gwyn37.137.137.137.137.137.037.439.844.045.745.645.6
Blaen-Gwyddgrug41.041.041.041.041.041.041.041.041.943.644.044,0
Gellifelen40.040.040.040.040.040.040.040.040.040.040.040.0
Pen Llwydcoed40.040.040.040.040.040.040.040.040.040.040.040.0
Salach40.840.840.840.840.840.840.941.146.752.352.352.3
Hafod38.938.938.938.938.938.839.139.239.041.144.347.6
Tirlan37.237.237.237.237.237.137.537.637.439.242.545.8
Cwmyronnen Uchaf43.043.043.043.043.043.043.043.043.946.346.346.3
Llwynteg40.040.040.040.040.040.040.040.040.943.343.343.3
Lan Farm40.040.040.040.040.040.040.040.040.040.040.040.0
Blaengwen Farm40.040.040.040.040.040.040.040.040.040.040.040.0
Foel-y-ddafad-ddu40.040.040.040.040.040.040.040.040.942.643.043.0
Coedlannnau Fawr40.040.040.040.040.040.040.040.040.040.040.040.0
Lan-ddu40.040.040.040.040.040.040.040.040.942.643.043.0
Clyn Mawr43.043.043.043.043.043.043.043.043.043.043.043.0
Cerbynau43.043.043.043.043.043.043.043.043.043.043.043.0
Bryngolau42.042.042.042.042.042.042.042.142.944.344.844.8

Table 1(b): LA90,10min dB Noise Level at all other times (Between 07:00 and 23:00) – Noise level dB LA90, 10-minute

LocationStandardised wind speed at 10 metre height (m/s)
123456789101112
Lan-Clyn-Adda37.037.037.037.037.037.037.840.042.644.844.844.8
Bryngwili40.040.040.040.040.040.040.040.042.145.245.245.2
Cwm Llydan Ganol40.040.040.040.040.040.040.040.042.145.245.245.2
Cwmllydan Isaf40.040.040.040.040.040.040.040.042.145.245.245.2
Tyllwyd40.040.040.040.040.040.040.040.042.145.245.245.2
Cwmere40.040.040.040.040.040.040.843.045.647.847.847.8
Ystrad40.040.040.040.040.040.040.040.040.040.040.040.0
Gilfach Meredydd40.040.040.040.040.040.040.040.040.040.040.040.0
Cae’r-blaidd40.040.040.040.040.040.040.040.144.949.149.149.1
Ffynnon-Las36.036.036.036.036.036.036.641.045.749.249.249.2
Blaen-nant-gwyn34.134.134.134.134.135.137.740.643.645.345.245.2
Blaen-Gwyddgrug38.038.038.038.038.038.038.841.945.046.646.646.6
Gellifelen37.037.037.037.037.037.037.037.037.037.037.037.0
Pen Llwydcoed37.037.037.037.037.037.037.037.037.037.037.037.0
Salach37.837.837.837.837.837.838.442.647.451.251.251.2
Hafod35.935.935.935.935.935.836.137.640.742.544.244.9
Tirlan34.234.234.234.234.234.134.536.039.140.742.443.0
Cwmyronnen Uchaf40.040.040.040.040.040.040.843.045.647.847.847.8
Llwynteg37.037.037.037.037.037.037.840.042.644.844.844.8
Lan Farm37.037.037.037.037.037.037.037.037.037.037.037.0
Blaengwen Farm37.037.037.037.037.037.037.037.037.037.037.037.0
Foel-y-ddafad-ddu37.037.037.037.037.037.037.840.944.045.645.645.6
Coedlannnau Fawr37.037.037.037.037.037.037.037.037.037.037.037.0
Lan-ddu37.037.037.037.037.037.037.840.944.045.645.645.6
Clyn Mawr40.040.040.040.040.040.040.040.040.040.040.040.0
Cerbynau40.040.040.040.040.040.040.040.040.040.040.040.0
Bryngolau39.039.039.039.039.039.039.942.946.047.347.347.3

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

IDPropertyEastingNorthing
1Lan-Clyn-Adda245784231373
2Bryngwili246048229746
3Cwm Llydan Ganol247197229299
4Cwmllydan Isaf247614229553
5Tyllwyd248641229516
6Cwmere245956230398
7Ystrad249709229817
8Gilfach Meredydd251113232339
9Cae’r-blaidd251814233437
10Ffynnon-Las250624234627
11Blaen-nant-gwyn249241235725
12Blaen-Gwyddgrug248357235095
13Gellifelen247258234424
14Pen Llwydcoed245672232726
15Salach250594234413
16Hafod251467234527
17Tirlan251545234742
18Cwmyronnen Uchaf246860230486
19Llwynteg245365231766
20Lan Farm246703234713
21Blaengwen Farm246044233876
22Foel-y-ddafad-ddu247835235416
23Coedlannnau Fawr247034234825
24Lan-ddu247586235215
25Clyn Mawr249920230554
26Cerbynau249953230245
27Bryngolau248711235140

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.

(2)

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