The North Wales Wind Farms Connection Order 2016

16.—(1) The following provisions shall apply for the protection of the consenting authority unless otherwise agreed in writing between the undertaker and the consenting authority.

(2) In this part of this Schedule—

“consenting authority” means either Denbighshire County Council or Conwy County Borough Council in respect of any work which requires consent under section 23 of the Land Drainage Act 1991(1);

“construction” includes execution, placing, altering, replacing, relaying and removal and excavation, and “construct” and “constructed” shall be construed accordingly;

“drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, and any ancillary works constructed as a consequence of works carried out for drainage purposes;

“emergency” means a situation which—

(a)

is unexpected, involving little or no prior warning, or aspects of which could not have reasonably been predicted in advance;

(b)

is a serious event presenting a risk of harm or damage to people, property or the environment; and

(c)

requires a need for urgent action to address the risk of harm, carry out repairs or prevent a worsening of the situation;

“plans” includes sections, drawings, specifications, calculations and method statements;

“specified work” means a work that is required to be consented under the terms of section 23 of the Land Drainage Act 1991, irrespective of any status as a statutory undertaker under those provisions; and

“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, basins, sewers and passages through which water flows except a public sewer.

(1)

1991 c. 59.