The Awel y Môr Offshore Wind Farm Order 2023

PART 10 E+W For the protection of Welsh Ministers as Strategic Highway Authority

Application E+W

110.  The provisions of this Part have effect for the protection of the Welsh Ministers (“the WM”) as the Highway Authority for the A55, in addition to all other applicable statutory protections, unless otherwise agreed in writing between the undertaker and the WM.

Commencement Information

I1 Sch. 9 para. 110 in force at 11.10.2023, see art. 1

Interpretation E+W

111.  In this Part—

“strategic highway” means any part of the highway network including trunk roads or special roads which the WM are responsible for;

“NMWTRA” means the North and Mid Wales Trunk Road Agency, who act as the highway agents of the WM and exercise functions relating to the management and operation of the relevant part of the strategic highway on behalf of the WM pursuant to an agreement between the WM and Gwynedd Council under section 6 of the Highways Act 1980. In practice therefore, the procedural matters contained in this Part will be dealt with by NMWTRA on behalf of the WM; and

“works” means—

(a)

that part of Work No. 23 which requires the trenchless installation of the cable under the A55 highway; or

(b)

any other work forming part of the authorised development within or which affects or requires occupation of the strategic highway.

Commencement Information

I2 Sch. 9 para. 111 in force at 11.10.2023, see art. 1

Approvals E+W

112.  The crossing of the A55 and its associated assets must only be carried out by trenchless techniques.

Commencement Information

I3 Sch. 9 para. 112 in force at 11.10.2023, see art. 1

113.—(1) Prior to the commencement of the works the undertaker must obtain the written approval of the WM to such works. E+W

(2) When requesting approval under sub-paragraph (1), the undertaker must submit to the WM:

(a) Copy of location plan to a scale not less than 1/10,000 showing the location and/or proposed route and siting of the works;

(b) Details of the methodology of the works;

(c) Details of the proposed timing of the works;

(d) Details of any traffic management measures (including signage) proposed in connection with the works; and

(e) Where approval is sought for works to or within the carriageway of a strategic highway, evidence of NHSS (National Highways Sector Scheme) certification and Street Works Qualifications.

Commencement Information

I4 Sch. 9 para. 113 in force at 11.10.2023, see art. 1

114.  No crossing is to take place until a monitoring regime and the Geotechnical Design Report (GDR as defined by the DMRB CD622 Managing Geotechnical Risk) is agreed and certified by the WM. E+W

Commencement Information

I5 Sch. 9 para. 114 in force at 11.10.2023, see art. 1

115.  Approval under this Part may be sought in one or more applications. E+W

Commencement Information

I6 Sch. 9 para. 115 in force at 11.10.2023, see art. 1

116.  Any approval of the WM under this Part may be given subject to such reasonable requirements or conditions as the WM may determine. E+W

Commencement Information

I7 Sch. 9 para. 116 in force at 11.10.2023, see art. 1

117.  The undertaker must contact any owners or operators of apparatus in, on, over, under or near the strategic highway including other statutory undertakers to ascertain whether their existing or proposed apparatus to within or under the strategic highway is likely to be affected by the works. The undertaker must comply with the requirements and conditions imposed by the owners or operators relating to the protection of existing apparatus in, on, over, under or near the strategic highway likely to be affected by the works. E+W

Commencement Information

I8 Sch. 9 para. 117 in force at 11.10.2023, see art. 1

118.  The undertaker must pay a fee of £250 to the WM with any application for approval under this Part. E+W

Commencement Information

I9 Sch. 9 para. 118 in force at 11.10.2023, see art. 1

Indemnity E+W

119.  The undertaker indemnifies the WM against any and all claims in respect of injury, damage or loss arising out of—

(a) the placing or presence in the strategic highway of apparatus as part of the works; or

(b) the excavation by any person of any works within the strategic highway.

Commencement Information

I10 Sch. 9 para. 119 in force at 11.10.2023, see art. 1

120.  The undertaker (or any person carrying out works on its behalf) must have and maintain in force for the duration of any works to or within the strategic highway network, public liability/third party insurance to the sum of £10 million covering its liability under paragraph 119. The undertaker must provide evidence of such insurance to the WM if requested. E+W

Commencement Information

I11 Sch. 9 para. 120 in force at 11.10.2023, see art. 1

Traffic management E+W

121.  The undertaker must contact the NMWTRA, the WM RA Control Room, North Wales Traffic Management Centre, Ffordd Sam Parri, Morfa, Conwy, LL32 8HH – Telephone number 01492 564790 before erecting or removal of traffic management measures on the strategic highway on each occasion that erection or removal is required.

Commencement Information

I12 Sch. 9 para. 121 in force at 11.10.2023, see art. 1

122.  The undertaker must execute the works in strict accordance with the requirements contained in Chapter 8 of the Traffic Signs Manual (2009) as published by Her Majesty’s Stationery Office HMSO and any amendments thereof. E+W

Commencement Information

I13 Sch. 9 para. 122 in force at 11.10.2023, see art. 1

Inspections E+W

123.  The WM or any person authorised by them for this purpose is entitled to inspect any works to, within or under the strategic highway while such works are being carried out and following completion of such works.

Commencement Information

I14 Sch. 9 para. 123 in force at 11.10.2023, see art. 1

124.  Exercise of the right to inspect under paragraph 123 must be carried out reasonably, in compliance with any requirements of any health and safety requirements in place within the site of any works, and in accordance with the instructions of the undertaker. E+W

Commencement Information

I15 Sch. 9 para. 124 in force at 11.10.2023, see art. 1

125.  If required by the WM, the undertaker must provide link boxes (on land outside the limits of the highway) for the purpose of inspecting and maintaining the apparatus under the highway. E+W

Commencement Information

I16 Sch. 9 para. 125 in force at 11.10.2023, see art. 1

126.—(1) The undertaker must compensate the WM in respect of any loss, damage, charge, cost or expense suffered or incurred by the WM as a result of the execution, use or maintenance of the works. E+W

(2) Nothing sub-paragraph (1) imposes any liability on the undertaker with respect of any damage to the extent that it is attributable to the act, neglect or default of WM, its officers, employees, contractors or agents.

Commencement Information

I17 Sch. 9 para. 126 in force at 11.10.2023, see art. 1

Reinstatement E+W

127.  Any reinstatement of the strategic highway required in connection with or as a consequence of the works must be carried out in strict conformity with the Code of Practice “Specification for the Reinstatement of Openings in Highways”.

Commencement Information

I18 Sch. 9 para. 127 in force at 11.10.2023, see art. 1

128.—(1) Where, in the reasonable opinion of the WM, any reinstatement carried out by the undertaker is defective, three defect inspections will be carried out comprising: E+W

(a) A joint inspection by the WM and the undertaker to determine the nature of the failure and what remedial works need to be carried out;

(b) Inspection by or on behalf of the WM of remedial works in progress; and

(c) Inspection by or on behalf of the WM when remedial works have been completed.

(2) The undertaker must pay an inspection fee of £47.50 for each inspection carried out under this paragraph.

Commencement Information

I19 Sch. 9 para. 128 in force at 11.10.2023, see art. 1

129.  Any and all costs associated with the reinstatement work will be met by the undertaker. E+W

Commencement Information

I20 Sch. 9 para. 129 in force at 11.10.2023, see art. 1

Notice of completion of Works E+W

130.  The undertaker must notify the WM of the completion of works approved by the WM under this Part within 10 working days of such completion.

Commencement Information

I21 Sch. 9 para. 130 in force at 11.10.2023, see art. 1

131.  The undertaker must supply the WM with as built records of any apparatus sited within or under the strategic highway within 10 working days of the completion of works, including, in particular, the location and depth of any electrical cables on a plan to a scale of 1/500 with a longitudinal and vertical accuracy of + or - 100mm. E+W

Commencement Information

I22 Sch. 9 para. 131 in force at 11.10.2023, see art. 1

132.  The undertaker must submit a Geotechnical Feedback Report (GFR as defined in the DMRB CD622 Managing Geotechnical Risk) including all monitoring results and as built drawings to the WM no later than six months from the date of completion. E+W

Commencement Information

I23 Sch. 9 para. 132 in force at 11.10.2023, see art. 1

133.  After the apparatus has been placed, the undertaker must not carry out any further works or maintenance to the apparatus or works or any other works involving excavation within the boundaries of the strategic highway without the prior written approval of the WM, and any such works must be carried out and completed to the satisfaction of WM. E+W

Commencement Information

I24 Sch. 9 para. 133 in force at 11.10.2023, see art. 1

Arbitration E+W

134.  Any difference or dispute arising between the undertaker and the WM under this Part must, unless otherwise agreed in writing between the undertaker and the WM, be determined by arbitration in accordance with article 44 (arbitration).

Commencement Information

I25 Sch. 9 para. 134 in force at 11.10.2023, see art. 1

Notices E+W

135.  The plans submitted to the WM by the undertaker pursuant to this Part must be submitted to North & Mid Wales Trunk Road Agent, Unit 5 Llys Britannia, Parc Menai, Bangor, Gwynedd, LL57 4BN and [e-mail] or such other address as the WM may from time to time appoint instead for that purpose and notify to the undertaker in writing.

Commencement Information

I26 Sch. 9 para. 135 in force at 11.10.2023, see art. 1

Cease of Use or Abandonment E+W

136.  If the undertaker proposes to cease using or abandon the apparatus prior to the decommissioning of the onshore works or to part with his interest in the apparatus, the undertaker must give the WM at least 6 weeks’ notice before doing so.

Commencement Information

I27 Sch. 9 para. 136 in force at 11.10.2023, see art. 1

137.  If the apparatus is abandoned or the consent is surrendered prior to the decommissioning of the onshore works, the WM may remove the apparatus or alter it in such a manner as they think fit and reinstate the street and may recover from the undertaker the expenses incurred in so doing, except that if the WM is satisfied that the undertaker can within such reasonable time as the WM specify, remove the apparatus or alter it in such manner as the WM require and reinstate the street, the WM may authorise the undertaker to do so at his own expense. E+W

Commencement Information

I28 Sch. 9 para. 137 in force at 11.10.2023, see art. 1

138.  If the undertaker proposes to part with his interest in the apparatus, he must before doing so, give notice to the WM stating to whom the benefit of the consent is to be transferred. The consent must be registered against the street in which the apparatus is installed so that the consent and responsibility transfers to the new owner(s) of the apparatus. E+W

Commencement Information

I29 Sch. 9 para. 138 in force at 11.10.2023, see art. 1

Maintenance E+W

139.  The undertaker must maintain the apparatus in a good state of repair and condition. The undertaker must if required place and maintain within the limits of the said highway suitable permanent signs of a type and in positions to be approved by the WM for the purpose of indicating as nearly as possible the exact position under the highway in which the said apparatus is laid.

Commencement Information

I30 Sch. 9 para. 139 in force at 11.10.2023, see art. 1