The North Wales Wind Farms Connection Order 2016

• (d) notify the undertaker immediately in writing upon completion of the temporary and/or protective works.

• (7) Only those contractors that satisfy DCC’s reasonable health and safety requirements are permitted to make openings into and/or connections with and/or carry out any works on or within any public sewer or drain vested in DCC unless otherwise agreed with DCC.

• (8) Only DCC is permitted to make openings into and/or connections with and/or carry out any works on or within any public water main vested in DCC unless otherwise agreed with DCC.

• (9) Where DCC apparatus will be affected by the works the undertaker must determine the exact location of DCC apparatus prior to any works being carried out by the undertaker and the undertaker should contact DCC where trial holes are required and such trial holes must be constructed at the undertaker’s expense.

• (10) Any affected DCC apparatus which is no longer required by DCC but is not removed must be transferred to the undertaker by way of a deed of transfer from DCC at the undertaker’s expense and on such terms as DCC reasonably requires.

Suspension of works

11

DCC is entitled to instruct the undertaker to suspend the works if in DCC’s reasonable opinion the actions of the undertaker, or those of its contractor(s) or subcontractor(s) in carrying out the works, have caused damage to any DCC apparatus and/or are likely to cause or result in damage to any DCC apparatus and/or have caused or are likely to cause damage to the environment arising as a result of damage to DCC apparatus. In the event of such instruction being given by DCC—

• (a) the undertaker must procure that it and its contractor(s) and subcontractor(s) are to forthwith suspend or cease the works having due regard to health and safety factors and discuss and agree with DCC the remedial actions required prior to resuming the works;

• (b) the undertaker and DCC must act reasonably and without delay in discussing and agreeing any remedial actions required prior to resuming the works;

• (c) DCC must submit to the undertaker within 5 days following the suspension, a written notice specifying the reasons for suspending the works;

• (d) in the event that DCC fails to supply the written notice within 5 days of suspension DCC’s instruction to suspend the works will be void and the undertaker will be entitled to recommence the works;

• (e) DCC must commence, carry out and complete any remedial works pursuant to sub-paragraph (a), as soon as reasonably practicable and DCC must give the undertaker notice immediately upon completion of such remedial works and on receipt of such notice the undertaker will be entitled to resume the works; and

• (f) DCC is entitled to reclaim all reasonable costs of all remedial works undertaken in accordance with this paragraph 11.

12

• (1) In the event that either the undertaker or DCC (for the purpose of this paragraph 12 “the party” or together “the parties”) wishes to take any action which would impact on the ability of the undertaker to carry out the development or DCC to carry out its statutory functions, the parties must use reasonable endeavours to cooperate with one another in order to align work streams so to minimise or avoid disruption to the other party’s works. In respect of the references to ‘work’ and ‘works’ in this sub-paragraph (1), to the extent that this refers to ‘work’ or ‘works’ to be undertaken by DCC, the definition of works in paragraph 7 of this Part does not apply.

• (2) Subject to paragraph 13, differences or disputes arising between the undertaker and DCC under this Schedule must, unless otherwise agreed in writing between the undertaker and DCC, be determined by arbitration in accordance with article 40 (arbitration) of the Order.

Emergency Works

13

• (1) The undertaker is permitted to carry out emergency works provided that it first notifies DCC of the proposed emergency works. For the avoidance of doubt, in the event that DCC suffers any loss, cost or damage as a result of the emergency action taken by the undertaker without prior notification in accordance with this sub-paragraph the indemnity in paragraph 15 is to apply.

• (2) DCC must at all times be permitted to carry out any emergency works in relation to its DCC apparatus within the Order Limits in accordance with Part II Schedule 6 WIA 1991.

• (3) Emergency works required in order for DCC to fulfil its statutory functions under sub-paragraph (2) are to take precedence over works to be carried out by the undertaker and, in such circumstances, the undertaker must reschedule its works accordingly.

• (4) In respect of the references to ‘work’ and ‘works’ in this paragraph 13, to the extent that this is ‘work’ or ‘works’ to be undertaken by DCC, the definition of works in paragraph 7 of this Part does not apply.

Insurance

14

The undertaker must not commence any works under paragraph 10(1) to this Part unless and until the undertaker has procured acceptable insurance.

Damage to DCC apparatus

15

• (1) Subject to sub-paragraphs (3) to (6), the undertaker is to indemnify and hold harmless DCC against all claims demands costs damages expenses penalties and losses which DCC sustains or becomes liable for in consequence of works under sub-paragraph 10(1) and emergency works under sub-paragraph 13(1) (but only in where such emergency works are carried out by the undertaker without prior notification to DCC in accordance with sub-paragraph 13(1)) to this Part in respect of—

• (a) any breach of this Part relating to the performance of the works caused by the actions or default of the undertaker, its contractors, subcontractors, licencees, agents and invitees relating to the performance of the works;

• (b) damage to the environment caused by the undertaker during any works including but not limited to pollution and/or contamination; and

• (c) any breach of any stipulation or otherwise of any deeds of grant (or any renewal of any of the deeds of grant made on substantially the same terms provided that DCC has supplied the undertaker with a copy of the new document) arising from the works.

• (2) Subject to sub-paragraphs (3) to (6), the undertaker is to bear and pay the costs reasonably incurred by DCC in making good damage to DCC apparatus or restoring an interruption in the supply provided by DCC as a direct consequence of the undertaker’s performance of the works under this Part.

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of DCC, its officers, servants, contractors or agents.

• (4) DCC must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 15 applies. If requested to do so by the undertaker, DCC is to provide an explanation of how the claim has been minimised and mitigated. The undertaker is only liable under this paragraph 15 for claims reasonably incurred by DCC.

• (5) Neither the undertaker, nor any of its officers, employees or agents are, in any circumstances whatsoever, liable to DCC for any indirect or consequential loss.

• (6) Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and DCC in respect of any DCC apparatus laid or erected in land belonging to the undertaker on the date on which the Order is made.

PART 3 — FOR THE PROTECTION OF THE RELEVANT PLANNING AUTHORITY

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[^f00031];

• “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— is unexpected, involving little or no prior warning, or aspects of which could not have reasonably been predicted in advance; is a serious event presenting a risk of harm or damage to people, property or the environment; and 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.

17

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker shall not acquire any interest of the consenting authority or acquire any land or other land interest of the consenting authority identified in the book of reference or create any new rights over the same otherwise than by agreement with the consenting authority in accordance with the provisions of this Schedule.

18

• (1) Before beginning to construct any specified work, the undertaker shall submit to the consenting authority plans of the specified work and such further particulars available to it as the consenting authority may within 28 days of the receipt of the plans reasonably require.

• (2) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the consenting authority, or determined under sub-paragraph (1).

• (3) Any approval of the consenting authority required under this paragraph—

• (a) shall not be unreasonably withheld or delayed;

• (b) shall be given within 8 weeks of the submission of the plans submitted under sub-paragraph (1) or where the consenting authority has requested further particulars for approval (such request must be made within 2 weeks of receipt of the plans submitted under sub-paragraph (1)) within 8 weeks of the submission of such plans;

• (c) shall be deemed to have been given if it is neither given nor refused within 8 weeks of the submission of the plans or receipt of further particulars if such particulars have been required by the consenting authority for approval; and

• (d) may be given subject to such reasonable modifications to the plans as the consenting authority may request and such reasonable requirements as the consenting authority may make for the protection of any drainage work or for the protection of watercourse, or for the prevention of flooding or pollution or in the discharge of its environmental duties.

19

The requirements which the consenting authority may make under paragraph 18 include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, before or during the construction of the specified works as are reasonably necessary to safeguard any drainage work against damage.

20

• (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the consenting authority under paragraph 19, shall be constructed—

• (a) in accordance with the plans approved or deemed to have been approved under this Schedule; and

• (b) the consenting authority shall be entitled by its officer to watch and inspect the construction of such works.

• (2) The undertaker shall give to the consenting authority not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed.

• (3) If the consenting authority shall reasonably require, the undertaker shall construct all or part of the protective works so that they are in place prior to the construction of any specific work.

• (4) If any part of a specified work or any protective work required by the consenting authority is constructed otherwise than in accordance with the requirements of this Schedule, the consenting authority may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this part of this Schedule or (if the undertaker so elects and the consenting authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the consenting authority reasonably requires.

• (5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the consenting authority may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the undertaker.

• (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the consenting authority shall not, except in emergency, exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

21

• (1) Subject to sub-paragraph (6) the undertaker shall, from the commencement of the construction of the specified works, maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

• (2) If any such drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the consenting authority, the consenting authority may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the consenting authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the consenting authority reasonably requires.

• (3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the consenting authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

• (4) If there is any failure by the undertaker to obtain consent or comply with conditions imposed by the consenting authority in accordance with these protective provisions the consenting authority may serve written notice requiring the undertaker to cease all or part of the specified works and the undertaker shall cease the specified works or part thereof until it has obtained the consent or complied with the condition unless the cessation of the specified works or part thereof would cause greater damage than compliance with the written notice.

• (5) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the consenting authority shall not, except in a case of emergency, exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

• (6) This paragraph does not apply to drainage works which are vested in the consenting authority, or which the consenting authority or another person is liable to maintain and is not proscribed by the powers of the Order from doing so.

22

If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work is impaired, or that drainage work is otherwise damaged, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the consenting authority and if the undertaker fails to do so, the consenting authority may make good the same and recover from the undertaker the expense reasonably incurred by it in so doing.

23

The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the consenting authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the undertaker from any liability under the provisions of this Part of this Schedule.

SCHEDULE 10 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under Requirements

1

• (1) Where an application has been made to the relevant authority for any consent, agreement or approval required by a Requirement (including agreement or approval in respect of part of a Requirement) included in this Order, the relevant authority must give notice to the undertaker of their decision on the application within—

• (a) a period of eight weeks beginning with the day immediately following that on which the application is received by the relevant authority;

• (b) a period of eight weeks beginning with the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

• (c) such longer period as may be agreed by the undertaker and the relevant authority in writing.

• (2) Subject to sub-paragraph (3), in the event that the relevant authority does not determine an application within the period set out in sub-paragraph (1), the relevant authority is to be taken to have granted all parts of the application at the end of that period unless otherwise agreed in writing.

• (3) Where an application is made to the relevant authority for any consent, agreement or approval required by Requirements 11 and 13 (including agreement or approval in respect of part of a Requirement), the applicant must at the same time as making the application send a copy of the materials provided in support of the application to NRW and must draw NRW’s attention to the procedure set out in paragraphs 1 to 3 of this Schedule and state that any comments must be provided to the relevant authority within 21 days if they are to be considered by the relevant authority.

• (4) Where an application is made to the relevant authority for any consent, agreement or approval required by Requirements 11 and 13 (including agreement or approval in respect of part of a Requirement), the relevant authority is not required to consider comments received from NRW more than 21 days after the date of the application.

• (5) Where an application is made to the relevant authority for any consent, agreement or approval required by an article or Requirement included in this Order and the relevant authority intends to consult NRW in relation to that application the undertaker must as soon reasonably practicable comply with any direction from the relevant authority to provide a copy of the materials provided in support of the application to NRW.

Further information

2

• (1) In relation to any part of the application to which this Schedule applies, the relevant authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

• (2) In the event that it considers such further information to be necessary the relevant authority must, within 21 days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the relevant authority does not give such notification within this 21 day period it is deemed to have sufficient information to consider the application and thereafter is not entitled to request further information unless otherwise agreed in writing.

• (3) Where further information is requested under this paragraph 2 in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating time periods in paragraph 1(1)(b) and this paragraph 2.

Appeals

3

• (1) The undertaker may appeal in the event that—

• (a) the relevant authority refuses an application for any consent, agreement or approval required by an article or Requirement included in this Order;

• (b) the relevant authority grants an application for any consent, agreement or approval required by an article or Requirement included in this Order subject to conditions; or

• (c) on receipt of a request for further information pursuant to paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the relevant authority is not necessary for consideration of the application.

• (2) The appeal process is to be as follows—

• (a) The undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant authority and NRW (if relevant);

• (b) The Secretary of State must appoint a person (“the appointed person”) to consider the appeal and notify the appeal parties and NRW (if relevant) of the identity of the appointed person and the address to which all correspondence for his attention should be sent;

• (c) The appointed merson may specific a timetable for the appeal process.

• (d) The relevant authority and NRW (if relevant) must submit written representations to the appointed person in respect of the appeal within 26 days of being notified under paragraph 3(2)(b) and ensure that copies of their written representations are sent to each other; and

• (e) The undertaker may make any counter-submissions to the appointed person, and if made these must be within 26 days of receipt of written representations pursuant to sub-paragraph (d) above.

• (3) If the appointed person considers that further information is required from the undertaker to determine the appeal he may notify the undertaker in writing specifying the further information required and the date by which it should be submitted.

• (4) Any further information required pursuant to sub-paragraph (3) must be provided by the undertaker to the appointed person, the relevant authority and NRW (if relevant) on or before the date specified by the appointed person under paragraph 3(3).

4

On an appeal under this paragraph, the appointed person may—

• (a) dismiss the appeal and affirm the decision of the relevant authority;

• (b) where the decision being appealed is a refusal to grant consent, agreement or approval, to allow the appeal and direct the relevant authority to grant consent, agreement or approval;

• (c) where the decision being appealed was as to the conditions of any consent, agreement or approval, to vary or quash all or any of the conditions of the consent, agreement or approval;

• (d) substistute a decision for that appealed against.

5

• (1) The decision of the appointed person on an appeal is to be final and binding on the parties.

• (2) The decision of the appointed person on an appeal may not be challenged except by proceedings for judicial review.

• (3) If the appointed person grants approval of an application, that approval is to be taken as if it were an approval granted by the relevant authority in relation to the application.

• (4) Subject to subparagraph (5), the undertaker must pay the reasonable costs of the appointed person incurred in deciding the appeal.

• (5) On written application by the relevant authority or the undertaker, the appointed person may make a direction as to the costs of the parties to the appeal and of the appointed person, including imposing an obligation on any party to pay all or part of such costs to the party which incurred them.

• (6) In considering an application under subparagraph (5) the appointed person must have regard to Welsh Government Circular NAFWC 07/2003 Planning (and analogous) Appeals and Call-in Procedures or any circular or guidance which may from time to time replace it.

6

In this Schedule—

• “relevant authority” means the relevant planning authority, relevant highway authority, traffic authority, street authority, or the owner of a watercourse, sewer or drain as may be appropriate to the consent, agreement or approval sought;

• “appeal documentation” means—a statement of the grounds of appeal;a copy of any relevant application to the relevant authority;a copy of any relevant permit;a copy of any relevant correspondence between the undertaker and the relevant authority and/or NRW; anda copy of the decision or notice that is the subject of the appeal; and

• “appeal parties” means the undertaker and the relevant authority.

SCHEDULE 11 — REMOVAL OF IMPORTANT HEDGEROWS

Area (1)	Important hedgerows shown on Landscaping Plans (2)
Denbighshire	The hedgerow shown between points IH1 – IH2 on sheet 1
Denbighshire	The hedgerow shown between points IH3 – IH4 on sheet 1
Denbighshire	The hedgerow shown between points IH6 – IH6a on sheet 1
Denbighshire	The hedgerow shown between points IH5 – IH6 on sheet 1
Denbighshire	The hedgerow shown between points IH7 – IH8 on sheet 1
Denbighshire	The hedgerow shown between points IH9 – IH10 on sheet 1
Denbighshire	The hedgerow shown between points IH11 – IH12 on sheet 2
Denbighshire	The hedgerow shown between points IH13 – IH14 on sheet 2
Denbighshire	The hedgerow shown between points IH15 – IH15a on sheet 3
Denbighshire	The hedgerow shown between points IH15a – IH16 on sheet 3
Denbighshire	The hedgerow shown between points IH15b – IH15 on sheet 3
Denbighshire	The hedgerow shown between points IH17 – IH18 on sheet 3
Denbighshire	The hedgerow shown between points IH19 – IH20 on sheet 4
Denbighshire	The hedgerow shown between points IH21 – IH22 on sheet 4
Denbighshire	The hedgerow shown between points IH23 – IH24 on sheet 4
Denbighshire	The hedgerow shown between points IH25 – IH26 on sheet 4
Denbighshire	The hedgerow shown between points IH26 – IH27 on sheet 4
Denbighshire	The hedgerow shown between points IH28 – IH29 on sheet 5
Denbighshire	The hedgerow shown between points IH33 – IH34 on sheet 5
Denbighshire	The hedgerow shown between points IH29 – IH30 on sheet 5
Denbighshire	The hedgerow shown between points IH31 – IH32 on sheet 5
Denbighshire	The hedgerow shown between points IH35 – IH36 on sheet 5
Denbighshire and Conwy	The hedgerow shown between points IH37 – IH38 on sheet 5
Denbighshire	The hedgerow shown between points IH38 – IH39 on sheet 5
Conwy	The hedgerow shown between points IH43 – IH44 on sheet 7
Conwy	The hedgerow shown between points IH40 – IH41 on sheet 7
Conwy	The hedgerow shown between points IH41 – IH42 on sheet 7
Conwy	The hedgerow shown between points IH44 – IH45 on sheet 7
Conwy	The hedgerow shown between points IH46 – IH47 on sheet 7
Conwy	The hedgerow shown between points IH48 – IH49 on sheet 7
Denbighshire	The hedgerow shown between points IH50 – IH51 on sheet 7
Denbighshire	The hedgerow shown between points IH52 – IH53 on sheet 7
Denbighshire	The hedgerow shown between points IH54 – IH55 on sheet 7
Denbighshire and Conwy	The hedgerow shown between points IH55 – IH56 on sheet 7
Conwy	The hedgerow shown between points IH56 – IH57 on sheet 7
Conwy and Denbighshire	The hedgerow shown between points IH58 – IH59 on sheet 7
Denbighshire	The hedgerow shown between points IH59 – IH60 on sheet 7
Denbighshire	The hedgerow shown between points IH61– IH62 on sheet 8
Conwy	The hedgerow shown between points IH63 – IH64 on sheet 8
Conwy	The hedgerow shown between points IH65 – IH66 on sheet 8
Conwy	The hedgerow shown between points IH67 – IH68 on sheet 8
Conwy	The hedgerow shown between points IH69 – IH70 on sheet 8
Conwy	The hedgerow shown between points IH70 – IH71 on sheet 8
Conwy	The hedgerow shown between points IH72 – IH73a on sheet 8
Conwy	The hedgerow shown between points IH72 – IH73b on sheet 8
Conwy	The hedgerow shown between points IH74 – IH75 on sheet 9
Conwy	The hedgerow shown between points IH76 – IH77 on sheet 9
Conwy	The hedgerow shown between points IH78 – IH79 on sheet 9
Conwy	The hedgerow shown between points IH80 – IH81 on sheet 9
Conwy	The hedgerow shown between points IH82a – IH83 on sheet 9
Conwy	The hedgerow shown between points IH82 – IH82a on sheet 9
Conwy	The hedgerow shown between points IH84 – IH85 on sheet 9
Conwy	The hedgerow shown between points IH86 – IH87 on sheet 9
Conwy	The hedgerow shown between points IH88 – IH89 on sheet 9 and sheet 10
Conwy	The hedgerow shown between points IH90 – IH91 on sheet 10
Conwy	The hedgerow shown between points IH92 – IH93 on sheet 10
Conwy	The hedgerow shown between points IH94 – IH95 on sheet 10
Conwy	The hedgerow shown between points IH96 – IH97 on sheet 10
Conwy	The hedgerow shown between points IH98 – IH98a on sheet 10
Conwy	The hedgerow shown between points IH98a – IH99 on sheet 10
Conwy	The hedgerow shown between points IH100 – IH101 on sheet 10
Conwy	The hedgerow shown between points IH102 – IH103 on sheet 10
Conwy	The hedgerow shown between points IH106 – IH107 on sheet 10
Conwy	The hedgerow shown between points IH104 – IH105a on sheet 10 and sheet 11
Conwy	The hedgerow shown between points IH104 – IH105b on sheet 10
Conwy	The hedgerow shown between points IH106a – IH107a on sheet 11
Conwy	The hedgerow shown between points IH108 – IH109 on sheet 11
Conwy	The hedgerow shown between points IH112 – IH113 on sheet 11
Conwy	The hedgerow shown between points IH110 – IH111 on sheet 11
Conwy	The hedgerow shown between points IH114 – IH115 on sheet 11
Conwy	The hedgerow shown between points IH116 —IH117 on sheet 11
Conwy	The hedgerow shown between points IH118 – IH119 on sheet 11
Denbighshire	The hedgerow shown between points IH120 – IH121 on sheet 12 and sheet 13
Denbighshire	The hedgerow shown between points IH122 – IH123 on sheet 13
Denbighshire	The hedgerow shown between points IH124 – IH125 on sheet 13
Denbighshire	The hedgerow shown between points IH126 – IH127 on sheet 13
Denbighshire	The hedgerow shown between points IH128 – IH129 on sheet 13
Denbighshire	The hedgerow shown between points IH130 – IH132 on sheet 13
Denbighshire	The hedgerow shown between points IH129 – IH130 on sheet 13
Denbighshire	The hedgerow shown between points IH130 – IH131 on sheet 13

SCHEDULE 12 — DOCUMENTS TO BE CERTIFIED

The Book of Reference listed below—

Application Document No. (1)	Document Description (2)
4.3	Parts 1-5 Option B v2
4.3 Option B v2 (addendum)	Addendum to the Book of Reference Option B Version 2
4.3 Option B v 3 (addendum)	Addendum to the Book of Reference - Option B Version 3

The Land Plans listed below—

Application Document No. (1)	Document Description (2)
2.2.0	Overall Location Plan and Master Key Plan Option B v1
2.2.1	Sheet 1 Option B v1
2.2.2	Sheet 2 Option B v1
2.2.3	Sheet 3 Option B v1
2.2.4	Sheet 4 Option B v1
2.2.5	Sheet 5 Option B v1
2.2.6	Sheet 6 Option B v1
2.2.7	Sheet 7 Option B v1
2.2.8	Sheet 8 Option B v1
2.2.9	Sheet 9 Option B v1
2.2.10	Sheet 10 Option B v1
2.2.11	Sheet 11 Option B v1
2.2.12	Sheet 12 Option B v1
2.2.13	Sheet 13 Option B v1

The Works Plans listed below—

Application Document No. (1)	Document Description (2)
2.3.0	Overall Location Plan and Master Key Plan Option B v0
2.3.1	Sheet 1 Option B v0
2.3.2	Sheet 2 Option B v0
2.3.3	Sheet 3 Option B v0
2.3.4	Sheet 4 Option B v0
2.3.5	Sheet 5 Option B v0
2.3.6	Sheet 6 Option B v0
2.3.7	Sheet 7 Option B v0
2.3.8	Sheet 8 Option B v0
2.3.9	Sheet 9 Option B v0
2.3.10	Sheet 10 Option B v0
2.3.11	Sheet 11 Option B v0
2.3.12	Sheet 12 Option B v0
2.3.13	Sheet 13 Option B v0

The Access and Rights of Way Plans listed below—

Application Document No. (1)	Document Description (2)
2.4.0	Overall Location Plan and Master Key Plan Option B v0
2.4.1	Sheet 1 Option B v0
2.4.2	Sheet 2 Option B v0
2.4.3	Sheet 3 Option B v0
2.4.4	Sheet 4 Option B v0
2.4.5	Sheet 5 Option B v0
2.4.6	Sheet 6 Option B v0
2.4.7	Sheet 7 Option B v0
2.4.8	Sheet 8 Option B v0
2.4.9	Sheet 9 Option B v0
2.4.10	Sheet 10 Option B v0
2.4.11	Sheet 11 Option B v0
2.4.12	Sheet 12 Option B v0
2.4.13	Sheet 13 Option B v0

The Crown Land Plans listed below—

Application Document No. (1)	Document Description (2)
2.5.0	Overall Location Plan and Master Key Plan Option B v0
2.5.1	Sheet 1 Option B v0
2.5.2	Sheet 2 Option B v0
2.5.3	Sheet 3 Option B v0

The additional documents listed below—

Application Document No. (1)	Document Description (2)
6.18 — 6.18D 6.18C 6.18E	Construction Environmental Management Plan (version 4), including— Outline ecological management plan (version 3) Outline hedgerow management plan (version 4) Outline traffic management plan (version 2)
6.20.6	Outline landscape management plan (version 2)
7.1-7.2	Design and Construction Report (version 1)
6.1-6.30	Environmental Statement
—	Letter provided by the Crown Estate Commissioners with regard to section 135 of the 2008 Act dated 27th July 2016

Signed

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Giles Scott — Head of Energy Infrastructure Planning and Coal Liabilities — Department for Business, Energy and Industrial Strategy — 28th July 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises SP Manweb PLC (referred to in this Order as the undertaker) to install and keep installed, use and maintain, a 132 kV electric line above ground, approximately 17.4 km in length in North Wales. The Order permits the undertaker to acquire, compulsorily or by agreement, rights in land and to use land for this purpose.

A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance with article 36 of this Order (certification of plans etc.) may be inspected free of charge during working hours at Denbigh Library, Hall Square, Denbigh, LL16 3NU.

Footnotes

[^f00001]: 2008 c. 29.

[^f00002]: S.I. 2009/2263, amended by S.I. 2012/635 and 2012/787.

[^f00003]: 1961 c. 33.

[^f00004]: 1965 c. 56.

[^f00005]: 1980 c. 66.

[^f00006]: 1981 c. 66.

[^f00007]: 1984 c. 27.

[^f00008]: 1990 c. 8.

[^f00009]: 1991 c. 22.

[^f00010]: 1981 c.67.

[^f00011]: 1989 c.29.

[^f00012]: 2004 c.18. There are amendments to this Act not relevant to this Order.

[^f00013]: 1991 c.56. Section 106 was amended by sections 43(2) and 35(8)(a) and paragraph 1 of Schedule 2 to the Competition and Service (Utilities) Act 1992 (c.43) and sections 99(2), (4), (5)(a), (5)(b),(5)(c) and 36(2) of the Water Act 2003 (c.37).

[^f00015]: 1964 c.40. There are amendments to section 57 that are not relevant to this Order.

[^f00016]: 1991 c.57 as amended by S.I. 2009/3104.

[^f00017]: 1981 c.66.

[^f00018]: 2003 c. 21.

[^f00019]: S.I 1997/1160, to which there are amendments not relevant to this Order.

[^f00020]: 1991 c.59.

[^f00021]: 1990 c. 43. Section 82 was amended by section 103 of the Clean Neighbourhoods and Environment Act 2005 (c.16); Section 79 was amended by sections 101 and 102 of the same Act.

[^f00022]: 1974 c.40.

[^f00023]: 1978 c.30. Section 7 was amended by paragraph 19 of Schedule 10 to the Road Traffic Regulation Act 1984 (c.27). There are other amendments not relevant to this Order.

[^f00025]: S.I. 2014/2441.

[^f00026]: 1973 (c.26).

[^f00027]: 2003 c. 21.

[^f00028]: See section 106.

[^f00029]: 1984 c. 12.

[^f00030]: 1991 c. 56.

[^f00031]: 1991 c. 59.

Editorial notes

[^key-cbabdd30cca9411172bc2004d56740c9]: Art. 1 in force at 19.8.2016, see art. 1

[^key-dc080b89ab6f61d513963546cbf069a6]: Art. 2 in force at 19.8.2016, see art. 1

[^key-2e708fcb265b464e796c2b82f322f3e7]: Art. 3 in force at 19.8.2016, see art. 1

[^key-20e1e5ec5c88216f8cc432ba37a5d994]: Art. 4 in force at 19.8.2016, see art. 1

[^key-c5ecb58d1fbf98d77098970111dc24af]: Art. 5 in force at 19.8.2016, see art. 1

[^key-b39a00f95be6fb05bad6f4152881d178]: Art. 6 in force at 19.8.2016, see art. 1

[^key-46133cf030ac51974d4a7025fa8f767f]: Art. 7 in force at 19.8.2016, see art. 1

[^key-eb290a0a79892b62f5f1ec58a7fbcdfb]: Art. 8 in force at 19.8.2016, see art. 1

[^key-c7aa4111515214f610febd9450646b4f]: Art. 9 in force at 19.8.2016, see art. 1

[^key-effac69831737fb5cc3f62bd294e6fac]: Art. 10 in force at 19.8.2016, see art. 1

[^key-200cbca9e452df8526c170e5156e235e]: Art. 11 in force at 19.8.2016, see art. 1

[^key-1f870939439b40d4400acc3c87cd6e32]: Art. 12 in force at 19.8.2016, see art. 1

[^key-acbc5f7aa4f926dd20ef7b6c23db00e4]: Art. 13 in force at 19.8.2016, see art. 1

[^key-979780d2d33e7a5298a86a9a6154eee9]: Art. 14 in force at 19.8.2016, see art. 1

[^key-56a813a27d2403631cc7906269f0490e]: Art. 15 in force at 19.8.2016, see art. 1

[^key-71d3bff4e850ec4097cb8922833ed663]: Art. 16 in force at 19.8.2016, see art. 1

[^key-b841323c1090191f944619a48a644118]: Art. 17 in force at 19.8.2016, see art. 1

[^key-db1f2d98a39a8c29d656229fb4f248d4]: Art. 18 in force at 19.8.2016, see art. 1

[^key-b923639cd092b9257657ab8a31367773]: Art. 19 in force at 19.8.2016, see art. 1

[^key-1791f09e0dcee422a8130e4e8bb3eadb]: Art. 20 in force at 19.8.2016, see art. 1

[^key-74503a01b67bb8be857953b1e70dea2e]: Art. 21 in force at 19.8.2016, see art. 1

[^key-e85aadc77fbc16c56ce3b1d1a0c8302d]: Art. 22 in force at 19.8.2016, see art. 1

[^key-d8b9d78ec6e143d312c1ece1a0c6d82f]: Art. 23 in force at 19.8.2016, see art. 1

[^key-a67e8625a006f229e5addb73c7a2d1d8]: Art. 24 in force at 19.8.2016, see art. 1

[^key-cbd2ed63259052a270aeef9269bcbe1f]: Art. 25 in force at 19.8.2016, see art. 1

[^key-50861581ac0d96d12e3d856cfc616351]: Art. 26 in force at 19.8.2016, see art. 1

[^key-9d04e4f35c869ab1f9b57d8d8eee6d49]: Art. 27 in force at 19.8.2016, see art. 1

[^key-b29e23ce940faab97abb7a725b7a530b]: Art. 28 in force at 19.8.2016, see art. 1

[^key-31368523b665d3258076e9f1615db0e1]: Art. 29 in force at 19.8.2016, see art. 1

[^key-fd63e34f91470d912d82d2627d865f7c]: Art. 30 in force at 19.8.2016, see art. 1

[^key-342c42270fbf5657980a707f4dd2d245]: Art. 31 in force at 19.8.2016, see art. 1

[^key-59605eebe51e1f9b8ee425a279d73c11]: Art. 32 in force at 19.8.2016, see art. 1

[^key-e2429ba57b69209665c7aa97ea8be369]: Art. 33 in force at 19.8.2016, see art. 1

[^key-5131ebacf634d96f865d8a99350722fe]: Art. 34 in force at 19.8.2016, see art. 1

[^key-bea652c1bfa6f2cdf54f8cb4a8802178]: Art. 35 in force at 19.8.2016, see art. 1

[^key-aed53c011f51249be004ff428c1e3694]: Art. 36 in force at 19.8.2016, see art. 1

[^key-ad86f7e1da4d938cb57a5778a79e27d2]: Art. 37 in force at 19.8.2016, see art. 1

[^key-bed31f01787b16441105b19e41eec721]: Art. 38 in force at 19.8.2016, see art. 1

[^key-f682a35ea67efbdb3845fc9636b5b569]: Art. 39 in force at 19.8.2016, see art. 1

[^key-5a0c1842a3b51f233a84fce618ffdd9a]: Art. 40 in force at 19.8.2016, see art. 1

[^key-ad37b8f5d60b03373867d6c02770355c]: Sch. 2 para. 1 in force at 19.8.2016, see art. 1

[^key-041a8562120cf7a1c90924a6caec72f0]: Sch. 2 para. 2 in force at 19.8.2016, see art. 1

[^key-64634a10152bbd6c75e9f5bbaf7ad72c]: Sch. 2 para. 3 in force at 19.8.2016, see art. 1

[^key-4512ff1a9bbf9a7755a69f98ab3497fe]: Sch. 2 para. 4 in force at 19.8.2016, see art. 1

[^key-51e95d896e0934278917894c6d56a678]: Sch. 2 para. 5 in force at 19.8.2016, see art. 1

[^key-28dc2c3e00ce1f0c00b2b66eb2dcd3fe]: Sch. 2 para. 6 in force at 19.8.2016, see art. 1

[^key-a8c87147d0e25ce85766c392297b1584]: Sch. 2 para. 7 in force at 19.8.2016, see art. 1

[^key-7f956a65125eb82ba27065cbde047c8b]: Sch. 2 para. 8 in force at 19.8.2016, see art. 1

[^key-2aac1e1c4b8a8a994fbf5edf087657f9]: Sch. 2 para. 9 in force at 19.8.2016, see art. 1

[^key-4ba7ef1776d12aedd750e2609990f676]: Sch. 2 para. 10 in force at 19.8.2016, see art. 1

[^key-b4bd207396cc4e610e3cbe4c252ed632]: Sch. 2 para. 11 in force at 19.8.2016, see art. 1

[^key-6eb89e562881cae0d54c5ac9e851d6fb]: Sch. 2 para. 12 in force at 19.8.2016, see art. 1

[^key-4de89b68ebb77bacca6705dddcab631b]: Sch. 2 para. 13 in force at 19.8.2016, see art. 1

[^key-e1ffddadae2722d7eff32c0c170b81d0]: Sch. 2 para. 14 in force at 19.8.2016, see art. 1

[^key-2f2083ebc1db4d8a7ac547ac4308ce5c]: Sch. 2 para. 15 in force at 19.8.2016, see art. 1

[^key-087cfa1996a40f31f5a2fcbc52de6d8f]: Sch. 2 para. 16 in force at 19.8.2016, see art. 1

[^key-52e759cd46c28f78212ec1b95c07c73c]: Sch. 2 para. 17 in force at 19.8.2016, see art. 1

[^key-6d8b8517415e05ae0a6dcf769af9792e]: Sch. 2 para. 18 in force at 19.8.2016, see art. 1

[^key-52f54317532324b15189ea8cac25dd29]: Sch. 2 para. 19 in force at 19.8.2016, see art. 1

[^key-5ecc55ab4bd749b2f20e75ff3cd366d3]: Sch. 2 para. 20 in force at 19.8.2016, see art. 1

[^key-82d7957928dcfbf8108e73f25fa75230]: Sch. 2 para. 21 in force at 19.8.2016, see art. 1

[^key-1c3b8eb8fa0a1b05589654e3b9492386]: Sch. 7 para. 1 in force at 19.8.2016, see art. 1

[^key-907b51e5b0c629fbbe526daa52cec553]: Sch. 7 para. 2 in force at 19.8.2016, see art. 1

[^key-3eef488e6669a1c99632e035cf46da86]: Sch. 7 para. 3 in force at 19.8.2016, see art. 1

[^key-af189c41dc62f2d86f786cc18cb26561]: Sch. 7 para. 4 in force at 19.8.2016, see art. 1

[^key-0deef0a5041a26cc2fb3608b1ef5967d]: Sch. 7 para. 5 in force at 19.8.2016, see art. 1

[^key-bbfa8a60a1ac40e9936fe715e3d557e9]: Sch. 7 para. 6 in force at 19.8.2016, see art. 1

[^key-29a61fa9f69f5ca1f6cfe67c9b43e698]: Sch. 7 para. 7 in force at 19.8.2016, see art. 1

[^key-9cf8c0260d0c85b3ee2a11977650d5cc]: Sch. 7 para. 8 in force at 19.8.2016, see art. 1

[^key-5e818e75a1db496e17a5b9f3ca48fae0]: Sch. 7 para. 9 in force at 19.8.2016, see art. 1

[^key-4eea1ab010b18f1ae50c55cf1524f886]: Sch. 9 para. 1 in force at 19.8.2016, see art. 1

[^key-af9e7880f64c87db9ef4846a197ef345]: Sch. 9 para. 2 in force at 19.8.2016, see art. 1

[^key-9c0931cc8cb4b2e63931af0196947b8d]: Sch. 9 para. 3 in force at 19.8.2016, see art. 1

[^key-bb31c05821b31743b9410318369005fc]: Sch. 9 para. 4 in force at 19.8.2016, see art. 1

[^key-fb3a41806e3ac20d70dbc4b3c93a1856]: Sch. 9 para. 5 in force at 19.8.2016, see art. 1

[^key-90b9876fcb112c4e3677c46c10e1fb99]: Sch. 9 para. 6 in force at 19.8.2016, see art. 1

[^key-240687c10f0372bb2c835c0b4cd1a261]: Sch. 9 para. 7 in force at 19.8.2016, see art. 1

[^key-376d7e6641bd22050e13f411ee01da13]: Sch. 9 para. 8 in force at 19.8.2016, see art. 1

[^key-413c0715f9016335e4a3e21d713ae654]: Sch. 9 para. 9 in force at 19.8.2016, see art. 1

[^key-48f5ae33f6319ee4e8dccad3bd8886c8]: Sch. 9 para. 10 in force at 19.8.2016, see art. 1

[^key-7f72e8380b8b0497298151c45c6b1894]: Sch. 9 para. 11 in force at 19.8.2016, see art. 1

[^key-f31368965ddf7d21e1805e0a9f5b6191]: Sch. 9 para. 12 in force at 19.8.2016, see art. 1

[^key-a940c23c408f85ee5c56b6d93dab7fa6]: Sch. 9 para. 13 in force at 19.8.2016, see art. 1

[^key-ac1ccb9f93703b5190903b8480ce7cdc]: Sch. 9 para. 14 in force at 19.8.2016, see art. 1

[^key-01a1d1da71e9c93785fa72ae878f2d0d]: Sch. 9 para. 15 in force at 19.8.2016, see art. 1

[^key-c4e90ae50d77baba7f8880f7329f01a1]: Sch. 9 para. 16 in force at 19.8.2016, see art. 1

[^key-0ce5e34612486e717b9e847f885165d6]: Sch. 9 para. 17 in force at 19.8.2016, see art. 1

[^key-12eb4c4e659e58d4ab39255c942a1ec3]: Sch. 9 para. 18 in force at 19.8.2016, see art. 1

[^key-bf92a87e6c4935b40993d3460282cadd]: Sch. 9 para. 19 in force at 19.8.2016, see art. 1

[^key-61c485c9b92492a8ade784451eebab2d]: Sch. 9 para. 20 in force at 19.8.2016, see art. 1

[^key-22e38fcca1b8e4bdeebd5a6619374eed]: Sch. 9 para. 21 in force at 19.8.2016, see art. 1

[^key-0f04a1ea04f800f044caf8ffe962db2c]: Sch. 9 para. 22 in force at 19.8.2016, see art. 1

[^key-9a01c0deb801e4a9cceed63342d8c983]: Sch. 9 para. 23 in force at 19.8.2016, see art. 1

[^key-de9b5c7f8f55120a8c9fea2dde3d49a9]: Sch. 10 para. 1 in force at 19.8.2016, see art. 1

[^key-c9405f1603c8970025bc58d501fa9084]: Sch. 10 para. 2 in force at 19.8.2016, see art. 1

[^key-225a34948a5b6043e686c993689ae65e]: Sch. 10 para. 3 in force at 19.8.2016, see art. 1

[^key-886a95ab4a9b898eec6103f81a30bf8c]: Sch. 10 para. 4 in force at 19.8.2016, see art. 1

[^key-7547c7bfd53ee3ae5867d5e80dc7d8e0]: Sch. 10 para. 5 in force at 19.8.2016, see art. 1

[^key-e8f84a61b577b1b53c879b8c6972fd4d]: Sch. 10 para. 6 in force at 19.8.2016, see art. 1

[^key-6415f2ce17907bd24e2d9120b344259f]: Sch. 1 in force at 19.8.2016, see art. 1

[^key-a6ac57f3e74464a6fab56a3856e05bfc]: Sch. 3 Pt. 1 in force at 19.8.2016, see art. 1

[^key-914dbe114d30e27427bd7cf9894c71bc]: Sch. 3 Pt. 2 in force at 19.8.2016, see art. 1

[^key-11d6827f98107664d2cbdedaacb8f40e]: Sch. 4 in force at 19.8.2016, see art. 1

[^key-4d4f0670c6af8780cd5fa60fe51019a9]: Sch. 5 Pt. 1 in force at 19.8.2016, see art. 1

[^key-7a0cd8e161236a8ea00d6f9a9d8c8888]: Sch. 5 Pt. 2 in force at 19.8.2016, see art. 1

[^key-ed3a3a9c26d158c9134a1aa1c68fe1df]: Sch. 5 Pt. 3 in force at 19.8.2016, see art. 1

[^key-035f451fd620f110835828ff4442e046]: Sch. 5 Pt. 4 in force at 19.8.2016, see art. 1

[^key-41c5621375305fde28f8afb2a6ad1248]: Sch. 6 in force at 19.8.2016, see art. 1

[^key-d9eb9fa1158a18c95a3275301f331d40]: Sch. 8 in force at 19.8.2016, see art. 1

[^key-838675a0b3dafcf78f73a46381aefe10]: Sch. 11 in force at 19.8.2016, see art. 1

[^key-1a9a327c4355a2c0e30c865621f6e160]: Sch. 12 in force at 19.8.2016, see art. 1

[^key-ab3a7122ef1e852a5803d37893fa86fb]: Words in art. 16(8) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 117 (with regs. 1(3), 77-79, Sch. 4)

[^key-b620a720057c8054e40137db1295d0a8]: Words in Sch. 2 substituted (31.3.2017) by The North Wales Wind Farms Connection (Correction) Order 2017 (S.I. 2017/501), art. 1, Sch.

[^key-351fd4dd47914905c32113ffadae5476]: Words in art. 3(2) inserted (31.3.2017) by The North Wales Wind Farms Connection (Correction) Order 2017 (S.I. 2017/501), art. 1, Sch.

[^key-fa372aa91f07193df8ce90532eaa6e8f]: Word in art. 9(2)(a) substituted (31.3.2017) by The North Wales Wind Farms Connection (Correction) Order 2017 (S.I. 2017/501), art. 1, Sch.

[^key-4389111fb6e91a33e2f5252a0c92616d]: Word in Sch. 7 para. 1 substituted (31.3.2017) by The North Wales Wind Farms Connection (Correction) Order 2017 (S.I. 2017/501), art. 1, Sch.

[^key-5c9d7ebb63eb2fa0c3e4b5894e9492fc]: Word in Sch. 10 para. 1(1)(a) inserted (31.3.2017) by The North Wales Wind Farms Connection (Correction) Order 2017 (S.I. 2017/501), art. 1, Sch.

[^M_F_3e18ff27-3c17-478d-bc15-fa38bae0035b]: Word in Sch. 10 para. 5(3) inserted (31.3.2017) by The North Wales Wind Farms Connection (Correction) Order 2017 (S.I. 2017/501), art. 1, Sch.

[^M_F_81eecf56-0caa-4efc-8ad7-4db2b5ac0fad]: Word in Sch. 10 para. 5(5) inserted (31.3.2017) by The North Wales Wind Farms Connection (Correction) Order 2017 (S.I. 2017/501), art. 1, Sch.