The Abergelli Power Gas Fired Generating Station Order 2019

• (1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either—

• (a) a guarantee and the amount of that guarantee has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or

• (b) an alternative form of security and the amount of that security for that purpose has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land.

• (2) The provisions are—

• (a) article 18 (compulsory acquisition of land);

• (b) article 20 (statutory right to override easements);

• (c) article 22 (compulsory acquisition of rights etc.);

• (d) article 23 (private rights);

• (e) article 25 (acquisition of subsoil only);

• (f) article 27 (rights under or over streets);

• (g) article 28 (temporary use of land in connection with the carrying out of the authorised development);

• (h) article 29 (temporary use of land for maintaining the authorised development); and

• (i) article 30 (statutory undertakers).

• (3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such form as to be capable of enforcement by such a person.

• (4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

34

• (1) The undertaker may, subject to paragraph (3), fell or lop any tree or shrub within or overhanging land within the Order land or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

• (b) from constituting a danger to persons using the authorised development.

• (2) The undertaker may, for the purposes of the authorised development and subject to paragraph (3), remove any hedgerows within the Order land and specified in Schedule 10 (removal of hedgerows).

• (3) In carrying out any activity authorised by paragraph (1) or (2), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

• (4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

• (5) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997[^f00024].

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

35

• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

• (b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

• (3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for the purposes of the 1990 Act

36

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as not being operational land).

Defence to proceedings in respect of statutory nuisance

37

• (1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990[^f00025] (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—

• (a) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974[^f00026];

• (b) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

• (c) is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

• (2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protective provisions

38

Schedule 11 (protective provisions) has effect.

Certification of plans etc.

39

• (1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

• (a) the book of reference;

• (b) design principles statement;

• (c) the environmental statement, which includes within its appendices the following—

• (i) outline construction environment management plan;

• (ii) outline landscape and ecological mitigation strategy;

• (iii) outline surface water management plan;

• (iv) flood consequences assessment;

• (v) outline drainage strategy;

• (vi) outline construction traffic management plan;

• (vii) outline construction staff travel plan;

• (viii) outline lighting strategy;

• (d) the land plans;

• (e) the rights of way, streets and access plan; and

• (f) the works plans; and

• (g) hedgerow plan,

for certification that they are true copies of the documents referred to in this Order.

• (2) A plan or document so certified is to be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

40

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post;

• (b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

• (c) with the consent of the recipient and subject to paragraphs (5) to (8), by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 of the Interpretation Act 1978[^f00027] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise—

• (a) in the case of the secretary or clerk of that body corporate, the registered or principal office of that body, and

• (b) in any other case, the last known address of that person at that time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and

• (b) either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

• (a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

• (b) the notice or document is capable of being accessed by the recipient;

• (c) the notice or document is legible in all material respects; and

• (d) in a form sufficiently permanent to be used for subsequent reference.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

Procedure in relation to certain approvals

41

• (1) Where an application is made to or a request is made of the relevant planning authority, highway authority, traffic authority, street authority, or the owner of a watercourse, sewer or drain for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed.

• (2) Any consent, agreement or approval given under paragraph (1) above may be given subject to conditions.

• (3) Schedule 12 (procedure for discharge of requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to the requirements in Schedule 2 (requirements).

• (4) Save for applications made pursuant to Schedule 12, if, within eight weeks after the application or request has been submitted to an authority or an owner as referred to in paragraph (1) of this article (or such longer period as may be agreed with the undertaker in writing) it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request.

• (5) The procedure set out in paragraph 3 of Schedule 12 has effect in relation to any refusal by an authority or an owner as referred to in paragraph (1) of this article to any consent, agreement or approval required under this Order, as if such a refusal were in respect of an application to discharge a requirement.

• (6) Where any application is made as described in paragraph (1), the undertaker must include a statement in such application that refers to the relevant article of this Order under which consent is sought, the timeframe for consideration of the application and the consequences of failure to meet that timeframe as prescribed by paragraph (4).

Arbitration

42

Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

Application and modification of legislative provisions

43

Regulation 6 of the Hedgerows Regulations 1997 is to be modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—

or (k) to the extent specified in and for the purpose of carrying out development which has been authorised by an order granting development consent made pursuant to the Planning Act 2008.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the City and County of Swansea—

A nationally significant infrastructure project as defined in sections 14(1)(a) and 15 of the 2008 Act, consisting of a generating station with a gross rated electrical output of up to 299 Megawatts comprising all or any of the work numbers in this schedule or any part of any work number in this schedule—

Work No. 1A development comprising—

• (a) 1 gas turbine generator,

• (b) 1 exhaust gas emission flue stack, and

• (c) external fin fan cooler(s);

Work No. 1B development comprising—

• (a) a control room/office/workshop,

• (b) telemetry apparatus and cabling,

• (c) above ground raw water and fire water storage tanks and associated infrastructure,

• (d) fire–fighting equipment, buildings and distribution pipework,

• (e) a demineralised water storage tank,

• (f) an emergency generator including fuel storage tank,

• (g) attenuation pond(s) and connection to drain system,

• (h) chemical storage facilities, other minor infrastructure and auxiliaries/services,

• (i) pipework, pipe runs and pipe racks, and

• (j) cathodic protection test/transformer rectifier unit;

Work No. 1C development comprising—

• (a) an on–site natural gas receiving station and gas treatment compound containing—

• (i) a pipeline inspection gauge (PIG) receiving facility,

• (ii) isolation valves, metering, heating, filtering, compression, pressure regulation equipment,

• (iii) electricity supply kiosks,

• (iv) emergency generator including fuel storage tank,

• (v) Joule–Thomson boiler(s), and

• (vi) control and instrumentation kiosks; and

• (b) gas pipelines and telemetry cabling and cathodic protection test/ transformer rectifier unit;

Work No. 1D development comprising a transformer compound including generator step up transformer, unit transformers, bus bar connections and other plant and structures required to manage the transmission of electricity;

Work No. 1E development comprising—

• (a) security infrastructure, including cameras, perimeter fencing and a gatehouse,

• (b) site lighting infrastructure, including perimeter lighting columns,

• (c) internal roadways, car parking, pedestrian network, cycle parking, hardstanding and water treatment trailers,

• (d) a maintenance compound including hardstanding and welfare and administration facilities,

• (e) site drainage and waste management infrastructure, including relocation of existing site drainage as required,

• (f) electricity, water, wastewater and telecommunications and other services including high voltage and low voltage cabling, equipment and controls and associated telemetry and electrical protection auxiliary cabling,

• (g) landscaping including tree planting, temporary and permanent fencing and other boundary treatments and ecological mitigation, and

• (h) other ancillary equipment;

Work No. 1Fdevelopment comprising hardstanding area for maintenance laydown and welfare and administration facilities;

Work No. 2development comprising a new permanent means of access from the B4489 to numbered work 1 including structure over water main and decommissioned oil pipeline, permanent road surface and kerb stones, safety barrier(s), signing and road markings, drainage works (including culverts), tree, hedge and fence removal and installation of new signing, gates and fencing, telecommunications connections and other services, temporary car parking and temporary construction compound and other incidental works;

Work No. 3development comprising a temporary construction laydown area including areas of hardstanding and site and welfare offices and workshop, and infrastructure to enable plant and vehicle crossings of existing underground utilities;

Work No. 4 development comprising landscaping and ecological mitigation area including tree planting and ecological enhancement and boundary fencing;

Work No. 5Adevelopment comprising earthworks and ground raising in connection with Work No. 1;

Work No. 5B development comprising earthworks in connection with Work No. 2;

and such other buildings, structures, works or operations as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the works in this Schedule 1 but only within the Order limits and insofar as they will not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

Time limits

1

The authorised development must commence no later than the expiration of five years beginning with the date this Order comes into force.

Detailed Design

2

• (1) The authorised development must be carried out in accordance with the approved plans, inclusive of any limits of deviation, bearing the references listed below and any other plans, drawings, documents, details, schemes, statements or strategies which are approved by the relevant planning authority pursuant to any requirement (as the same may be amended by approval of the relevant planning authority pursuant to requirement 29(1))—

Works plans	Submission document reference number 2.3
Rights of way, streets and access plan	Submission document reference number 2.4

• (2) The authorised development must be carried out within the parameters specified in Table 2 and Table 3 (as the same may be amended by approval of the relevant planning authority pursuant to requirement 29(1))—

Building or structure	Maximum height (metres above 90 metres above ordnance datum)	Minimum height (metres above 90 metres above ordnance datum)	Maximum length (metres)	Maximum width (metres)
The gas turbine generator (including gas turbine, generator, air inlet filter house, air inlet duct, exhaust diffuser, and auxiliaries such as lube oil system, air dryers, fuel gas filter package, instrument air system, compressor washing) (Part of numbered work 1A)	27	–	50	40
The exhaust gas emission flue stack (part of numbered work 1A)	45	35	–	12
Control room/office/ workshop (part of numbered work 1B)	7	–	45	25
Emergency generator (part of numbered work 1B)	6	–	13	5
Natural gas receiving station (including compression station, emergency generator, Joule–Thompson boilers and other auxiliary control cabinets) (part of numbered work 1C)	10	–	70	50
Gatehouse (part of numbered work 1E)	4.5	–	9	8
Demineralised water tank (part of numbered work 1B)	7	–	7	7
Fire water tank (part of numbered work 1B)	15	–	15	15
Pipeline inspection gauge facility (part of numbered work 1C)	3	–	35	35
Fin Fan Coolers (part of numbered work 1A)	10		28	14
Transformer compound (including generator step up transformer, unit and other transformers, connection to underground cable and associated equipment) (part of numbered work 1D)	15	–	65	60
Structure	Maximum width (metres)	Maximum length (metres)	Maximum height (metres above 85 metres above ordnance datum)	Minimum height (metres above 85 metres above ordnance datum)
---	---	---	---	---
Road structure over water main, decommissioned oil pipeline (part of numbered work 2)	12	60	5	1
Safety barrier (related to the road structure identified above, and part of numbered work 2)	–	–	–	–

• (3) No part of numbered work 5 may commence until details and sections of the proposed site levels for the relevant part of numbered work 5 have been submitted to and approved in writing by the relevant planning authority.

• (4) No part of numbered work 1 may commence until, for the relevant part of numbered work 1, details of the layout, scale and external appearance of the numbered work have been submitted to and approved in writing by the relevant planning authority.

• (5) Work numbered 1 must be designed substantially in accordance with the relevant design principles contained within the design principles statement.

• (6) No part of numbered work 2 which is within 25 metres either side of the centre line of the 66 inch water main may commence until details of the structure for crossing the water main have been submitted to and approved in writing by the relevant planning authority in consultation with Dŵr Cymru Cyfyngedig.

Provision and maintenance of landscaping

3

• (1) Numbered works 1, 2 and 4 of the authorised development must not commence until, for that numbered work, a written landscaping plan (including an implementation timetable) has been submitted to and approved in writing by the relevant planning authority. The landscaping plan must be substantially in accordance with the landscaping mitigation proposals set out in the outline landscape and ecological mitigation strategy, and include details of all proposed hard and soft landscaping works.

• (2) All landscaping works must be carried out in accordance with the landscaping plan approved under this requirement 3 and to a reasonable standard in accordance with any relevant recommendations of any appropriate British Standard(s) or other recognised codes of good practice set out in the outline landscape and ecological mitigation strategy.

• (3) All landscaping works and restoration must be carried out in accordance with the implementation timetable approved in the landscaping plan.

• (4) Any tree or shrub planted as part of the approved landscaping plan that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved in writing by the relevant planning authority.

• (5) The landscaping plan must be reviewed by the undertaker and a landscaping plan with any updates required as a result of the review must be submitted to the local planning authority for written approval every five years for the operational life of the authorised development to ensure that the management and maintenance objectives set out in the outline landscape and ecological mitigation strategy are being met. The updated landscaping plan must be implemented in accordance with the approved details.

Highway accesses

4

• (1) Numbered work 2 of the authorised development must not commence until, for that numbered work, details of the design, layout and (where not already identified in Schedule 3 and the rights of way, streets and access plan) siting of any new permanent or temporary means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic has been submitted to and approved in writing by the relevant planning authority (in consultation with the highway authority).

• (2) The highway accesses must be constructed in accordance with the approved details.

Fencing and other means of enclosure

5

• (1) Each of numbered works 1 to 5 of the authorised development may not commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure for that numbered work (or for numbered work 5, the relevant part of numbered work 5) have been submitted to and approved in writing by the relevant planning authority.

• (2) Any construction sites must remain securely fenced at all times during construction of the authorised development.

• (3) Any temporary fencing must be removed by the end of three months beginning with the date of completion of construction of the authorised development.

• (4) Any permanent fencing for numbered works 2, 3 and 4 must enable badgers, otters and water voles to be able to pass through or under the relevant fencing.

• (5) The details approved pursuant to this requirement must be implemented.

Surface and foul water drainage

6

• (1) Numbered works 1, 2, 3 and 5 of the authorised development must not commence until, for that numbered work, a written surface and foul water drainage plan (including details of any watercourse crossings, means of pollution control and proposals for management and maintenance) has been submitted to and approved in writing by the relevant planning authority. The surface and foul water drainage plan must be substantially in accordance with the principles set out in the outline drainage strategy.

• (2) The surface and foul water drainage plan must be implemented in accordance with the approved details, prior to final commissioning.

Surface water management plan

7

• (1) Numbered works 1, 2, 3 and 5 of the authorised development must not commence until, for that numbered work, a written surface water management plan has been submitted and approved in writing by the relevant planning authority. The surface water management plan must be in substantial accordance with the principles set out in the outline surface water management plan.

• (2) The surface water management plan must be implemented in accordance with the approved details.

Pre–construction ecological constraints survey

8

• (1) Numbered works 3, 4 and 5 of the authorised development must not commence until for that numbered work pre–construction ecological constraints surveys have been undertaken to confirm the presence or absence of badgers setts, otters or water voles in the relevant part of the site prior to the commencement of construction of that numbered work.

• (2) The pre–construction ecological constraints survey reports must be submitted to and approved by the relevant planning authority, in consultation with Natural Resources Wales. Survey reports may be submitted and approved separately for each relevant species.

• (3) In the event that the pre–construction ecological constraints survey reports record the presence of badger setts, otters or water voles on the relevant part of the site, the report must set out any mitigation measures required.

• (4) All mitigation proposed in the pre–construction ecological constraints survey reports must be implemented in accordance with the approved details prior to construction of the relevant work.

• (5) A numbered work may not commence if any of the approved surveys (badger setts, otters or water voles) for that numbered work are, taken from the date of the survey, more than 2 years old at the date of commencement of that numbered work.

• (6) In the event that any survey for a numbered work that has not commenced is more than 2 years old, the relevant pre–construction surveys must be repeated and sub-paragraphs (2) to (5) above apply to such repeated surveys.

Ecological management plan

9

• (1) No numbered work of the authorised development may commence until a written ecological management plan covering that numbered work has been submitted to and approved in writing by the relevant planning authority. The ecological management plan must be in substantial accordance with the ecological mitigation proposals set out in the outline landscape and ecological mitigation strategy save to the extent that modifications are necessary to reflect the findings of any pre–construction ecological constraints surveys.

• (2) The ecological management plan must include an implementation timetable and must be carried out as approved in accordance with the approved implementation timetable.

• (3) The ecological management plan must be reviewed by the undertaker and an ecological management plan with any updates required as a result of the review must be submitted to the local planning authority for approval every five years for the operational life of the authorised development to ensure that the management and maintenance objectives set out in the landscape and ecological mitigation strategy are being met. The updated ecological management plan must be implemented in accordance with the approved details.

Invasive species survey and remediation

10

• (1) Numbered works 3, 4 and 5 must not commence until an invasive species survey covering the relevant part of the site for that numbered work affected by the relevant work has been undertaken and (where any invasive non–native species are found to be present) a protocol, including an associated management, maintenance and monitoring scheme, has been submitted to and approved in writing by the relevant planning authority. The protocol must detail the containment, control and removal of any species on the relevant part of the site and must be substantially in accordance with the recommendations set out in Appendix F of the outline landscape and ecological mitigation strategy.

• (2) The survey report and any other relevant protocols must include the relevant qualifications and experience of the person carrying it out and the person who will supervise the relevant works.

• (3) Numbered works 3, 4 and 5 must not commence unless, for that numbered work, all the measures set out in the approved protocol have been carried out in accordance with the approved protocol.

Bat Method Statement

11

• (1) Numbered works 3, 4 and 5 of the authorised development must not commence until pre–construction checks substantially in accordance with those outlined in Appendix C of the outline landscape and ecological mitigation strategy have been undertaken on trees and hedgerows with potential suitability for supporting roosting bats.

• (2) Where any trees and hedgerows proposed for removal are found to support roosting bats works for the removal of such trees or hedgerows must not be undertaken until a bat method statement outlining additional mitigation measures to avoid impacts on roosting bats has been submitted to and approved in writing by the relevant planning authority in consultation with Natural Resources Wales.

• (3) The authorised development must be carried out in accordance with the approved Bat Method Statement.

• (4) If construction of the relevant work has not commenced within 2 years of the completion of the pre–construction checks, the pre–construction checks must be repeated and sub-paragraphs (2) and (3) above apply in relation to any repeat pre–construction checks.

Reptile Method Statement

12

• (1) Each of numbered works 3, 4 and 5 of the authorised development must not commence until for that numbered work a reptile method statement detailing the location and specification of fencing, timing and methodology for the management of reptiles (which must be substantially in accordance with the measures set out in Appendix A of the outline landscape and ecological mitigation strategy) has been submitted to and approved in writing by the relevant planning authority in consultation with Natural Resources Wales.

• (2) Numbered works 3, 4 and 5 must not commence until for that relevant numbered work all measures specified in the approved reptile method statement have been completed.

• (3) The reptile method statement must include the relevant qualifications and experience of the person who drafted the statement, as well as the relevant qualifications and experience of the people who are to carry out and supervise the relevant works for the management of reptiles.

Archaeology

13

• (1) Numbered works 3 and 5 of the authorised development must not commence until a written scheme for the investigation of areas of archaeological interest covering that numbered work in accordance with the Standard and Guidance of the Chartered Institute for Archaeologists has been submitted to and approved in writing by the relevant planning authority.

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

• (3) Any archaeological works or watching brief carried out under the scheme must be by a registered organisation or an accredited MCIfA level Member accredited by the Chartered Institute for Archaeologists.

• (4) Any archaeological works or watching brief must be carried out in accordance with the approved scheme unless otherwise agreed in writing with the relevant planning authority.

• (5) A copy of the watching brief report must be submitted to the relevant planning authority within two months of the archaeological fieldwork being completed. In the event that archaeological assets are discovered during the watching brief, a programme for preparation and submission of an interpretative report must be agreed with the relevant planning authority and an interpretative report submitted to the relevant planning authority in accordance with the agreed programme.

Site investigation

14

• (1) Numbered works 3 and 5 of the authorised development must not commence until a site investigation report informed by intrusive ground conditions survey covering an assessment of the geotechnical and geo–environmental properties of the substrata for the relevant land has been submitted to and approved in writing by the relevant planning authority.

• (2) Where identified as necessary by the site investigation report, the relevant part of numbered works 3 and 5 of the authorised development must not commence until a mining risk assessment or foundation risk assessment has been submitted to and approved in writing by the relevant planning authority.

• (3) The reports must include the relevant qualifications and experience of the person carrying them out and be sufficient to establish if any ground precautions are necessary in relation to the design and construction of numbered works 3 and 5 in order to minimise any risk of damage which might arise as a result of ground conditions.

• (4) A remediation method statement must be submitted, if required, and approved in writing by the relevant planning authority, in consultation with Natural Resources Wales.

• (5) Numbered works 3 and 5 must be carried out in accordance with the measures set out in the approved remediation method statements.

Mineral Resources Survey

15

• (1) Where the site investigation report identifies the presence of minerals, numbered work5 of the authorised development must not commence until a minerals resources survey report covering that numbered work has been submitted to and approved in writing by the relevant planning authority.

• (2) The undertaker must have regard to the approved mineral resources survey report when preparing the decommissioning strategy required under requirement 28 (Decommissioning Strategy).

Peat Management Plan

16

• (1) Where the site investigation report carried out in accordance with requirement 14 confirms the presence of peat affecting relevant parts of numbered work 5, affected parts of numbered work 5 must not commence until a peat management plan covering the affected parts has been submitted to and approved in writing by the relevant planning authority in consultation with Natural Resources Wales.

• (2) All construction works must be undertaken in accordance with the approved peat management plan.

Construction environment management plan

17

• (1) No part of numbered works 1, 2, 3 or 4 of the authorised development may commence until a construction environment management plan covering that numbered work has been submitted to and approved in writing by the relevant planning authority, in consultation with Natural Resources Wales. The construction environment management plan must be substantially in accordance with the outline construction environmental management plan and must include the following—

• (a) community liaison;

• (b) complaints procedures;

• (c) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, noise, vibration and lighting);

• (d) dust management measures;

• (e) site waste and materials management measures;

• (f) pollution control measures;

• (g) security measures and use of artificial lighting;

• (h) a protocol in the event that unexpected contaminated land is identified during ground investigation or construction;

• (i) any protocols agreed under Requirement 10 in relation to management of invasive non-native species;

• (j) details of plant and machinery that may be operated outside the working hours set out in requirement 23; and

• (k) details of out of hours working procedures.

• (2) All construction works must be undertaken in accordance with the approved construction environment management plan and protocols contained therein.

Dust management plan

18

• (1) Numbered work 5 of the authorised development must not commence until a dust management plan covering that numbered work has been submitted to and approved in writing by the relevant planning authority, in consultation with Natural Resources Wales. The dust management plan must be substantially in accordance with the contents outlined in the outline construction environmental management plan and must include details of a complaints procedure.

• (2) All construction works must be undertaken in accordance with the approved dust management plan.

Pollution prevention management plan

19

• (1) Numbered work 5 of the authorised development must not commence until a pollution prevention management plan covering that numbered work has been submitted to and approved in writing by the relevant planning authority, in consultation with Natural Resources Wales. The pollution prevention management plan must be substantially in accordance with the contents outlined in the outline construction environmental management plan and must include details of a complaints procedure and details of any artificial lighting proposed during construction of numbered work 5.

• (2) All construction works must be undertaken in accordance with the approved pollution prevention management plan.

Waste and material management plan

20

• (1) Numbered work 5 of the authorised development must not commence until a waste and material management plan covering that numbered work has been submitted to and approved in writing by the relevant planning authority, in consultation with Natural Resources Wales. The waste and material management plan must be substantially in accordance with the contents outlined in the outline construction environmental management plan and must include details of a complaints procedure.

• (2) All construction works must be undertaken in accordance with the approved waste and material management plan.

Construction traffic management plan

21

• (1) No numbered work of the authorised development other than tree felling may commence until a construction traffic management plan covering that numbered work has been submitted to and approved in writing by the relevant planning authority in consultation with Welsh Government Transport and the Highways Authority. The construction traffic management plan must be substantially in accordance with the outline construction traffic management plan and is to include—

• (a) construction vehicle routing plans at an appropriate scale for all traffic including abnormal indivisible loads showing—

• (i) swept path analysis from the point of entry onto the highway network to the Order land;

• (ii) highway mitigation in respect of any identified constraints on vehicle movements such as embargo periods, route traffic sensitivity, temporary road works and other highway restrictions to be developed following consultation with the South Wales Trunk Road Agent, and, where relevant, referring to supporting HD19/03 safety audit documentation (as contained within the Design Manual for Roads and Bridges Volume 5 Section 2 Part 2 and as amended or replaced); and

• (iii) land ownership boundaries for any required holding areas, passing areas and layover areas;

• (b) site access plans at an appropriate scale that include supporting HD19/03 safety audit documentation (as contained within the Design Manual for Roads and Bridges Volume 5 Section 2 Part 2 and as amended or replaced);

• (c) proposals for the management of junctions to and crossings of the public highway during delivery of abnormal indivisible loads;

• (d) proposals for the scheduling and timing of movements of delivery vehicles, to be developed following consultation with the Welsh Government Transport and potentially affected undertakers, and, in relation to any abnormal indivisible loads, details of vehicle parameters, number of vehicles in convoy size, dimensions (width, length, height) and weight (total vehicle with load and axel loading);

• (e) details of escorts for abnormal indivisible loads highlighting where and when along the route private vehicles, banksman and police vehicles escorts will be used (including emergency contingencies);

• (f) proposals for temporary warning signs and banksman for abnormal indivisible loads, including provision of plan drawings and associated traffic signs schedule highlighting locations along the route where temporary traffic management (including cones and temporary signs) needs to be deployed;

• (g) a methodology for undertaking a conditions survey of roads from point of entry onto the trunk road network to the Order land that may have a constraining impact on the abnormal indivisible load movements including the timescales for undertaking the surveys and the methods of reporting the findings to the relevant planning authority, comprehensive photographs and potential compensation arrangements;

• (h) details of any temporary or permanent improvements to highways;

• (i) proposals for management of any affected public rights of way during construction of the authorised development;

• (j) proposals for the making good of any incidental damage to highways by construction traffic associated with the authorised development including street furniture, structures, drainage features, highway verge and carriageway surfaces;

• (k) proposals for traffic management controls (such as temporary signals), diversion routes and signage required during any of the activities, operations or works set out in Schedules 3, 4, 5 or 6; and

• (l) proposals for the notification of occupiers of land adjacent to the construction traffic route of the scheduling and timing of abnormal indivisible load movements from the point of exit from the trunk road network to the Order land.

• (2) The construction traffic management plan must be implemented as approved for the entire duration of the construction period for that numbered work.

• (3) During the operation or decommissioning of numbered work 1 no abnormal indivisible loads must be transported into or out of the Order land without the prior written approval of the relevant planning authority in consultation with Welsh Government Transport.

Construction staff travel plan

22

• (1) The authorised development must not commence until a travel plan for construction workers has been submitted to and approved by the relevant planning authority. The travel plan must be substantially in accordance with the outline construction staff travel plan.

• (2) The travel plan must be carried out as approved during construction of the authorised development.

Construction hours

23

• (1) No construction work, or the delivery or removal of materials for construction work, must take place outside the hours of—

• (a) 0800 and 1800 hours on weekdays (excluding public holidays); and

• (b) 0800 and 1300 hours on Saturdays or on public holidays.

• (2) Sub-paragraph (1) does not prevent construction works, or the delivery or removal of materials, being carried out outside the hours set out in sub-paragraph (1) with the prior written approval of the relevant planning authority and does not apply to commissioning works required in advance of the date of final commissioning.

• (3) Nothing in sub-paragraph (1) precludes a start–up period from 0730 to 0800 and a shut down period from 1800 to 1830 on weekdays (excluding public holidays) and a start–up period from 0730 to 0800 and a shut down period from 1300 to 1330 on a Saturday.

• (4) In this paragraph, “public holiday” means Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971[^f00028].

Dates of final commissioning, completion of construction and cessation

24

• (1) The undertaker must notify the relevant planning authority in writing of the date of final commissioning as soon as reasonably practicable and in any event within three months after the occurrence of that date.

• (2) The undertaker must notify the relevant planning authority in writing of the date of completion of construction as soon as reasonably practicable and in any event within three months after the occurrence of that date.

• (3) The undertaker must notify the relevant planning authority in writing of the date the authorised development permanently ceases to generate power on a commercial basis as soon as reasonably practicable and in any event within three months after the occurrence of that date.

Control of noise during operational phase

25

• (1) Following the date of final commissioning, site–attributable noise arising from the operation of numbered work 1 must be limited at all times of day to the noise levels set out in column A of Table 3 measured at the coordinates set out in column B of Table 3—

A			B	B
Daytime Noise Limit BS 4142:2014 rating level (dB LAR)	Night Time Noise Limit BS 4142:2014 rating level (dB LAR)	Location	Coordinates X	Coordinates Y
45	39	Cefn–betingau	266046	201482
41	40	Maes–Eglwys	265438	200654
48	43	Lletty’r Morfil Farm	264747	201105
45	41	Abergelli Farm	265125	201643

• (2) Noise measurements at or in close proximity to each of the identified locations must be undertaken in accordance with British Standard 7445 and submitted by the undertaker to the relevant planning authority within a three month period beginning with the date of final commissioning, including details of any remedial works and a programme for implementation should noise levels exceed the level specified in Table 3 above.

• (3) Any remedial works must be carried out in accordance with the approved programme for implementation and the noise measurements must be repeated and submitted to the relevant planning authority for approval following completion of remedial works to demonstrate that the noise levels are within the limits set out in Table 3 above.

Control of artificial light emissions during operation

26

• (1) Numbered work 1 of the authorised development must not enter commercial operation until a written scheme for the management and mitigation of artificial light emissions has been submitted to and approved in writing by the relevant planning authority, in consultation with Natural Resources Wales. The scheme must be substantially in accordance with the outline lighting strategy.

• (2) The approved scheme for the management and mitigation of artificial light emissions must be implemented before and maintained during the operation of the relevant numbered work.

Operation of the authorised development

27

• (1) In any calendar year the gas turbine generators comprised in numbered work 1A shall not operate in excess of 2,250 hours in total.

• (2) In any rolling five year period the gas turbine generators comprised in numbered work 1A shall not operate in excess of an average of 1,500 hours per calendar year.

• (3) Within three months of the end of a calendar year, the undertaker must submit a written report to the relevant planning authority detailing the total number of hours of operation of the gas turbine generator comprised in numbered work 1A.

• (4) For the purposes of this requirement, “operation of the gas turbine generator” means the duration in which any energy is exported at the settlement metering point, being the point at which a supply to the transmission system from the authorised development is measured.

Decommissioning strategy

28

• (1) A scheme for the demolition and removal of all parts of numbered work 1 situated above ground along with a proposed implementation timetable for decommissioning works must be submitted to the relevant planning authority by no later than—

• (a) twenty four months of the Order land ceasing to be used for the purposes of electricity generation (either actively generating electricity or being available to generate electricity on a standby basis); or

• (b) if sooner, upon the undertaker having removed apparatus forming part of Work No. 1D from the site, such that further use of the land for energy generation is unlikely.

• (2) The decommissioning strategy must include the following—

• (a) community liaison;

• (b) complaints procedures;

• (c) nuisance management (including measures to avoid or minimise the impacts of decommissioning works (covering dust, noise, vibration and lighting));

• (d) dust management measures;

• (e) site waste and materials management measures;

• (f) pollution control measures;

• (g) security measures and use of artificial lighting; and

• (h) a list of additional consents required for decommissioning activities and a programme for the intended submission of relevant consent applications.

• (3) Subject to obtaining the necessary consents, the demolition and removal of numbered work1 must be implemented in accordance with the approved scheme and the approved implementation timetable.

• (4) The undertaker must apply for any additional consents required for decommissioning activities in accordance with the programme approved by the relevant planning authority.

Amendments to approved details

29

• (1) With respect to the approved plans specified in requirement 2(1), the parameters specified in requirement 2 (Detailed Design) and any other plans, details, schemes or matters which require approval by the relevant planning authority pursuant to any other requirement (the “Approved Plans, Parameters, Details or Schemes”), the undertaker may submit to the relevant planning authority for approval any amendments to the Approved Plans, Parameters, Details or Schemes and following any such approval by the relevant planning authority the Approved Plans, Parameters, Details or Schemes are to be taken to include the amendments approved pursuant to this sub-paragraph (1).

• (2) Approval under sub-paragraph (1) must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority that the subject–matter of the approval sought will not give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved (as identified in the environmental statement).

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

PART 1 — PERMANENT ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
City and County of Swansea	Rhyd–y–pandy road	Creation of new access from Rhyd–y–pandy road including lowering the levels of the kerb and formation of new junction/bellmouth between the points marked C and D on the rights of way, streets and access plan.
City and County of Swansea	Footpath LC35A	Alteration/construction of new style/access to footpath between the points marked E and F on the rights of way, streets and access plan.
City and County of Swansea	Private road/track (unnamed)	Construction over/removal of street (comprising part of numbered work 1) between the points marked K and L on the rights of way, streets and access plan.
City and County of Swansea	Private track (unnamed) running south–east from Abergelli farm (known as “the gallops”)	Construction of crossing over private track (comprising part of numbered work 2) between the points marked K and M on the rights of way, streets and access plan.
City and County of Swansea	Private track (unnamed) running south–east from Abergelli farm (known as “the gallops”)	Removal of street (comprising part of numbered work 1) between the points marked M and N on the rights of way, streets and access plan.
City and County of Swansea	Public footpath LC32	Creation of new access road (comprising part of numbered work 2) between the points marked P and Qon the rights of way, streets and access plan.
City and County of Swansea	Private access road (unnamed) from B4489 to Swansea North substation and Felindre gas compressor station	Creation of new access road (comprising part of numbered work 2) including the laying of new road surface and drainage works between points marked T and Oon the rights of way, streets and access plan.
City and County of Swansea	Private access road (unnamed) from B4489 to Swansea North substation and Felindre gas compressor station	Modification and widening of existing access (comprising part of numbered work 2) including widening of existing road surface and drainage works between the points marked W and Ton the rights of way, streets and access plan.
City and County of Swansea	B4489/Private access road (unnamed) from B4489 to Swansea North substation and Felindre gas compressor station	Widening of existing junction visibility splay at B4489 (comprising part of work numbered 2) between the points marked X and Y on the rights of way, streets and access plan.

PART 2 — TEMPORARY ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
City and County of Swansea	Rhyd–y–pandy road	Creation of temporary construction access including the lowering of levels of the kerb and formation of junction/bellmouth between the points marked C and D on the rights of way, streets and access plan.
City and County of Swansea	Footpath LC35A	Alteration/construction of new style/access to footpath between the points marked E and F on the rights of way, streets and access plan.
City and County of Swansea	Private road/track (unnamed)	Creation of crossing point(s) for temporary construction access within the Order land during construction between the points marked G and H on the rights of way, streets and access plan.
City and County of Swansea	Footpath LC35B	Creation of crossing point(s) for temporary construction access within the Order land during construction between the points marked G and H on the rights of way, streets and access plan.
City and County of Swansea	Private road/track (unnamed)	Creation of crossing point(s) for temporary construction access within the Order land during construction between the points marked G and I on the rights of way, streets and access plan.
City and County of Swansea	Private track running south–east from Abergelli farm (known as “the gallops”)	Creation of temporary construction compound (comprising part of work numbered 3) between the points marked J and M on the rights of way, streets and access plan.
City and County of Swansea	Public Footpath LC32	Creation of crossing point for temporary construction access (comprising part of numbered work 2) between the points marked P and Q on the rights of way, streets and access plan.
City and County of Swansea	B4489/Private access road (unnamed) from B4489 to Swansea North substation and Felindre gas compressor station	Temporary widening of existing junction visibility splays from B4489 between points marked X and Y on the rights of way, streets and access plan to provide access to works numbered 1 and 2.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street Subject to Street Works	(3) Description of the street works
City and County of Swansea	Rhyd–y–pandy road	Works to enable the creation of a temporary construction access between the points marked C and Don the rights of way, streets and access plan.
City and County of Swansea	Rhyd–y–pandy road	Works to enable the creation of a new permanent access between the points marked C and Don the rights of way, streets and access plan.
City and County of Swansea	Public Footpath LC35A	Works between the points marked E and Fof the rights of way, streets and access plan to enable the creation of a new permanent access.
City and County of Swansea	Public Footpath LC35B	Works for the installation and maintenance of a gas pipeline and crossing points for temporary internal road within the Order land between the points marked G and H on the rights of way, streets and access plan.
City and County of Swansea	Private road/track (unnamed) running north–east from Abergelli farm to Rhyd–y–pandy road	Works for the installation and maintenance of a gas pipeline and crossing points for temporary internal road within the Order land between the points marked G and H on the rights of way, streets and access plan.
City and County of Swansea	Private road/track (unnamed)	Works for the installation and maintenance of a gas pipeline and crossing points for temporary internal road within the Order land between the points marked G and I on the rights of way, streets and access plan.
City and County of Swansea	Private track running south–east from Abergelli farm (known as “the gallops”)	Works for numbered work 3 to be constructed between the points marked J and M on the rights of way, streets and access plan.
City and County of Swansea	Private track running south–east from Abergelli farm (known as “the gallops”)	Works for the construction and maintenance of numbered work 2 between the points marked K and M on the rights of way, streets and access plan.
City and County of Swansea	Private road/track (unnamed)	Works for the removal of street (comprising part of numbered work 1) between the points marked K and L on the rights of way, streets and access plan.
City and County of Swansea	Public Footpath LC117	Works in the street comprising numbered work 2 and the installation and maintenance of an electrical cable between the points marked P and Q on the rights of way, streets and access plan.
City and County of Swansea	Private road/track (unnamed)	Works in the street comprising the installation and maintenance of an electrical cable between the points marked R and S on the rights of way, streets and access plan.
City and County of Swansea	Private access road (unnamed) leading from B4489 to Swansea North substation and Felindre gas compressor station	Works in the street comprising numbered work 2 between the points marked T and W on the rights of way, streets and access plan.
City and County of Swansea	Public Footpath LC34	Works in the street comprising numbered work 2 to be installed and maintained between the points marked U and V on the rights of way, streets and access plan.
City and County of Swansea	B4489 / Private access road (unnamed) from B4489 to Swansea North substation and Felindre gas compressor station	Temporary and permanent widening of existing junction visibility splay from B4489 comprising part of work numbered 2 between the points marked X and Y on the rights of way, streets and access plan.

SCHEDULE 5 — ACCESS

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

(1) Area	(2) Street	(3) Description of relevant part of access
City and County of Swansea	Rhyd–y–pandy road	New road surface located in the area shown hatched blue between points C and D on the rights of way, streets and access plan.

PART 2 — THOSE PARTS OF ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY

(1) Area	(2) Street	(3) Description of the relevant part of access
City and County of Swansea	New access from Rhyd–y–pandy road	New access from Rhyd–y–pandy road in the area shown hatched pink between the points marked C and D on the rights of way, streets and access plan.
City and County of Swansea	Footpath LC35A	New stile/access to footpath between the points marked E and F on the rights of way, streets and access plan.
City and County of Swansea	New private access road (unnamed)	New access road comprising part of numbered work 2 and shown hatched pink between the points marked O and T on the rights of way, streets and access plan.
City and County of Swansea	Private access road (unnamed) leading from B4489 to Swansea North substation and Felindre gas compressor station	Modified access road comprising part of numbered work 2 and shown hatched pink between the points marked T and Won the rights of way, streets and access plan.

PART 3 — THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED AT THE PUBLIC EXPENSE

(1) Location	(2) Street	(3) Description of relevant part of access
City and County of Swansea	Temporary access from Rhyd–y–pandy road	Temporary construction access in the area shown hatched pink between the points marked C and D on the rights of way, streets and access plan.

PART 4 — THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY

(1) Area	(2) Street	(3) Description of relevant part of access
City and County of Swansea	Private road/track (unnamed)	Crossing points for temporary internal road within the Order land between points G and H on the rights of way, streets and access plan.
City and County of Swansea	Footpath LC35B	Crossing points for temporary internal road within the Order land between points G and H on the rights of way, streets and access plan.
City and County of Swansea	Private road/track (unnamed)	Crossing points for temporary internal road within the Order land between points G and I on the rights of way, streets and access plan.
City and County of Swansea	Private track running south–east from Abergelli farm (known as “the gallops”)	Work numbered 3 between points J and Mon the rights of way, streets and access plan.

SCHEDULE 6 — TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS