The North Wales Wind Farms Connection Order 2016

• (4) The new trees planted pursuant to this Requirement must be planted and maintained in accordance with the reinstatement planting plan as approved under this Requirement.

Felling

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• (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 (“UKFS”);

• (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).

Highway works

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• (1) No work to construct or alter any permanent or temporary means of access to a highway to be used by vehicular traffic must commence until, following consultation with the relevant highway authority, written details of the design and layout of that means of access has been submitted to and approved by the relevant highway authority.

• (2) The highway accesses must be constructed in accordance with the details approved under sub-paragraph (1).

Construction Hours

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• (1) Subject to sub-paragraphs (2) and (3), construction work must not take place other than during the core working hours.

• (2) The following operations must only take place between 0900 and 1700 hours Monday to Friday and excluding bank or public holidays—

• (a) piling;

• (b) excavator and hydraulic jack hammer operations; and

• (c) HGV deliveries to and from Broadleys compound.

• (3) The following operations may take place outside the core working hours referred to in sub-paragraph (1)—

• (a) the installation and removal of protective netting across highways or watercourses;

• (b) only at Broadleys compound, the completion of operations commenced during the core working hours which cannot safely be stopped; and

• (c) only at Broadleys compound, start up and close down activities up to one hour either side of core working hours.

• (4) No artificial lighting is to be used in carrying out the construction of the authorised development other than at Broadleys compound.

Contaminated land and groundwater

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• (1) In the event that contamination is found at any time when carrying out the authorised development, it must be reported in writing immediately to the relevant planning authority and the carrying out of that part of the authorised development affected by such contamination must cease immediately. An investigation and risk assessment must be completed in accordance with a scheme to assess the nature and extent of any contamination within the Order limits and whether or not it originates within the Order limits, such scheme to be submitted to and approved by the relevant planning authority, after consulting with NRW. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced and submitted to and approved by the relevant planning authority, after consulting with NRW.

• (2) Where remediation is required pursuant to the approved investigation and risk assessment, a detailed remediation scheme to bring the relevant land to a condition suitable for the intended use must be prepared, and submitted for the written approval of the relevant planning authority.

• (3) The approved remediation scheme must be carried out in accordance with its terms.

• (4) Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and approved in writing by the relevant planning authority.

• (5) Where the carrying out of any part of the authorised development has ceased pursuant to sub-paragraph (1) the undertaker may only recommence the carrying out of that part of the authorised development following—

• (a) where remediation is required pursuant to the approved investigation and risk assessment for contamination affecting that part, the completion of measures pursuant to sub-paragraph (4); or

• (b) in all other cases the approval of the investigation and risk assessment pursuant to sub-paragraph (2).

Archaeology

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• (1) No stage of the authorised development is to commence until, following consultation with the Clwyd-Powys Archaeological Trust and the relevant planning authority, for that stage, a written scheme setting out the methodology for a watching brief over areas of archaeological interest has been submitted to and approved by the relevant planning authority.

• (2) The scheme must identify areas where a watching brief is required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

• (3) Any watching brief carried out under the scheme must be by a suitably qualified person or body approved by the relevant planning authority.

• (4) Any watching brief must be carried out in accordance with the approved scheme.

Construction Environmental Management Plan

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• (1) No stage of the authorised development is to commence until, following consultation with NRW, the highways authority and the relevant planning authority, a construction environmental management plan for that stage, which is substantially in accordance with the outline construction environmental management plan, has been submitted to and approved by the relevant planning authority, after consulting with NRW. The construction environmental management plan must include measures to minimise impacts of construction works and must include but not be limited to the following plans—

• (a) an ecological management plan including but not limited to method statements for sensitive habitats and species;

• (b) hedgerow management plan including but not limited to principles to be followed for hedgerow removal and reinstatement;

• (c) a traffic management plan including but not limited to the following—

• (i) details of haulage routes for HGVs to use to deliver materials to the authorised development;

• (ii) communication of the routes to drivers of HGVs;

• (iii) details of timing for deliveries;

• (iv) proposals for assessing the existing condition of affected highways; and

• (v) details for making good any incidental damage to highways by construction traffic associated with the authorised development.

• (2) The authorised development must be carried out in accordance with the construction environmental management plan as approved under this Requirement.

Piling

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• (1) No stage of the authorised development which requires piling activities must commence until a piling method statement for that stage of the authorised development has been submitted to and approved by the relevant planning authority.

• (2) Piling must be carried out in accordance with the approved piling method statement.

Restoration of land used temporarily for construction

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• (1) No land within the Order limits that is to be used temporarily for construction is to be used until a photographic condition survey has been carried out and submitted to and approved by the relevant planning authority.

• (2) Any land within the Order limits which is used temporarily for construction must be reinstated to its former condition as identified on the photographic condition survey, or such condition as the relevant planning authority may approve, within six months of the date of final commissioning of the authorised development (or such other period as may be agreed with the owner of the land) and the relevant planning authority shall be notified in writing upon reinstatement.

Requirement for written approval

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Where under any of the above Requirements, the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be given in writing.

Decommissioning

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• (1) Not less than 12 months before the date set out in Requirement 19 (expiry of development consent), 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) a timetable for the implementation and completion of the decommissioning and site restoration scheme;

• (b) removal of works 1A and 1B;

• (c) the restoration of the Order land;

• (d) a methodology for the ecological management of sensitive habitats during the decommissioning and restoration works;

• (e) a methodology for the management of traffic during the decommissioning and restoration works; and

• (f) a decommissioning environmental management plan, which is, where relevant to the proposed works, substantially in accordance with the construction environmental management plan approved in accordance with Requirement 13.

• (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.

Decommissioning Environmental Management Plan

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• (1) No stage of the authorised development is to be decommissioned until, following consultation with NRW, the highways authority and the relevant planning authority, a decommissioning environmental management plan for that stage has been submitted to and approved by the relevant planning authority, after consultating with NRW. The decommissioning environmental management plan must include measures to minimise impacts of decommissining works and must include but not be limited to the following plans—

• (a) an ecological management plan including but not limited to method statements for sensitive habitats and species;

• (b) hedgerow management plan including but not limited to principles to be followed for hedgerow reinstatement;

• (c) a traffic management plan including but not limited to the following—

• (i) details of haulage routes for HGVs to use to deliver materials to or remove materials from the authorised development;

• (ii) communication of the routes to drivers of HGVs;

• (iii) details of timing for deliveries or removals;

• (iv) proposals for assessing the existing condition of affected highways; and

• (v) details for making good any incidental damage to highways by construction traffic associated with decommissioning the authorised development.

• (2) The decommissioning of the authorised development must be carried out in accordance with the decommissioning environmental management plan as approved under this Requirement.

Expiry of development consent

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The development consent granted by this Order expires 30 years after the date of this Order.

Requirements for written approval, etc.

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• (1) Where under any of the above Requirements the approval or agreement of the relevant planning authority or any other party is required, that approval or agreement must be provided in writing.

• (2) Where under any of the above Requirements a written scheme is required it shall be accompanied by such illustrations as are necessary and appropriate in the circumstances.

Approved plans and amendments to approved plans.

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• (1) Where a Requirement requires the authorised development to be carried out in accordance with a plan, scheme, statement, strategy or details (the “plan”) approved by the relevant planning authority, the approved plan must be taken to include any amendments that may be approved subsequently by the relevant planning authority (after consulting every person required to be consulted before approval of the original plan).

• (2) The relevant planning authority must not approve the plan or an amendment to the plan unless it is satisfied that the plan or the amendment is unlikely to give rise to any new or materially different environmental effects from those assessed in the environmental statement.

SCHEDULE 3 — STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT

PART 1 — PERMANENT ALTERATION OF LAYOUT

PART 2 — TEMPORARY ALTERATION OF LAYOUT

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

SCHEDULE 5 — ACCESS

PART 1 — THOSE PARTS OF ACCESSES TO BE MAINTAINED AT THE EXPENSE OF THE UNDERTAKER

PART 2 — THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED AT THE PUBLIC EXPENSE

PART 3 — THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY

PART 4 — THOSE PARTS OF ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY

SCHEDULE 6 — TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS OR PUBLIC RIGHTS OF WAY