The Awel y Môr Offshore Wind Farm Order 2023

Type Statutory-Instrument
Publication 2023-09-19
Last updated 2024-07-17
State In force
Department King's Printer of Acts of Parliament
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  • (5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
  • (6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.
  • (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
  • (8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).
  • (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.
  • (10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
  • (11) In this article “the maintenance period”, in relation to any part of the authorised development means the period during which the authorised development exports electricity to the national electricity transmission network.

Statutory undertakers

29

Subject to the provisions of Schedule 9 (protective provisions) the undertaker may—

  • (a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order land and described in the book of reference; and
  • (b) extinguish the rights of, and remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Recovery of costs of new connections

30

  • (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 29 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
  • (2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 29 (statutory undertakers), any person who is—
  • (a) the owner or occupier of premises the drains of which communicated with that sewer; or
  • (b) the owner of a private sewer which communicated with that sewer;

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

  • (3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.
  • (4) In this paragraph—
  • “public communications provider” has the same meaning as in section 151(1) of the 2003 Act32; and
  • “public utility undertaker” means a gas, water, electricity or sewerage undertaker.

Funding

31

  • (1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any Order land unless it has first put in place either—
  • (a) a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or
  • (b) an alternative form of security and the amount of that security for that purpose approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2).
  • (2) The provisions are—
  • (a) article 18 (compulsory acquisition of land);
  • (b) article 20 (compulsory acquisition of rights);
  • (c) article 22 (private rights);
  • (d) article 24 (acquisition of subsoil only);
  • (e) article 26 (rights under or over streets);
  • (f) article 27 (temporary use of land for carrying out the authorised development);
  • (g) article 28 (temporary use of land for maintaining the authorised development);
  • (h) article 29 (statutory undertakers); and
  • (i) article 30 (recovery of costs of new connections).
  • (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 a 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 — Miscellaneous and general

Application of landlord and tenant law

32

  • (1) This article applies to any agreement entered into by the undertaker under article 6 (benefit of Order) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.
  • (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) No enactment or rule of law to which paragraph (2) applies is to apply 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.

Felling or lopping of trees and removal of hedgerows

33

  • (1) Subject to paragraph (2) and article 34 (trees subject to tree preservation orders) the undertaker may fell or lop any tree or shrub, or cut back its roots, within orencroaching upon land within the Order limits 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) In carrying out any activity authorised by paragraph (1), the undertaker must—
  • (a) do no unnecessary damage to any tree or shrub; and
  • (b) pay compensation to any person for any loss or damage arising from such activity.
  • (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
  • (4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2)—
  • (a) remove any hedgerow within the Order limits and specified in Schedule 10, part 1 (removal of hedgerows) that may be required to be removed for the purposes of carrying out the authorised project; and
  • (b) remove the important hedgerows as are within the Order limits and specified in Schedule 10, Part 2 (removal of important hedgerows).
  • (5) In this article “hedgerow” and “important hedgerow” has the same meaning as in the Hedgerows Regulations 199733.

Trees subject to tree preservation orders

34

  • (1) Subject to paragraph (2), the undertaker must not fell or lop or cut back the roots of any tree which is the subject of a tree preservation order.
  • (2) The undertaker may fell or lop any tree within or encroaching upon the Order limits that is subject to a tree preservation order which was made after 20 April 2022, or cut back its roots, if it reasonably believes it to be necessary in order to do so in order to prevent the tree—
  • (a) from obstructing or interfering with onshore site preparation works the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or
  • (b) from constituting an unacceptable source of danger (whether to children or to other persons).
  • (3) In carrying out any activity authorised by paragraph (1)—
  • (a) the undertaker must not cause unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and
  • (b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.
  • (4) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.
  • (5) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Abatement of works abandoned or decayed

35

Where any of the offshore works or any part of them is abandoned or allowed to fall into decay, the Secretary of State may, following consultation with the undertaker, issue a written notice requiring the undertaker at its own expense either to repair, make safe and restore one or any of those works, or remove Work No. 1 or any relevant part of it, without prejudice to any notice served under section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Act34. The notice may also require the restoration of the site of the relevant part(s) of Work No 1.

Saving provisions for Trinity House

36

Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.

Crown rights

37

  • (1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any lessee or licensee to take, use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—
  • (a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;
  • (b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or
  • (c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.
  • (2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.
  • (3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Protective provisions

38

Schedule 9 (protective provisions) has effect.

Operational land for the purposes of the 1990 Act

39

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

Certification of plans, etc.

40

  • (1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all of the documents listed in Schedule 13 (documents to be certified) for certification that they are true copies of the documents referred to in this Order.
  • (2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

41

  • (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 (references to service by post) of the Interpretation Act 197835 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 a body corporate, the registered or principal office of that body; and
  • (b) in any other case, the last known address of that person at the 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 any 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 name or 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 a 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) the notice or document is 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 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 electronic communication given 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 seven 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.
  • (10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

No double recovery

42

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Requirements, appeals, etc.

43

  • (1) Sub-section (1) of section 78 (right to appeal against planning decisions and failure to take such decision) of the 1990 Act applies to the development consent granted by this Order and to the requirements except that it is modified so as to read for the purposes of this Order only as follows—
  • (a) after “local planning authority” insert “or Secretary of State”;
  • (b) after sub-section (b) insert the following—
  • “refuse or fails to determine an application for any consent, agreement or approval of that authority required by a requirement imposed on a grant of development consent or contained in a development consent order, or grant it subject to conditions; or”’; and after sub-section (1), insert the following— 1A Where the appeal under sub-section (1) relates to a decision by the Secretary of State, the appeal will be decided by a Secretary of State who would not be responsible for determining an application for development consent with the subject matter of the Awel y Môr Offshore Wind Farm Order 2023 as if section 103(1) of the 2008 Act applied.
  • (2) Sections 78 (right to appeal against planning decisions and failure to take such decisions) and 79 (determination of appeals) of the 1990 Act have effect in relation to any appeal under the terms of this article except that the Secretary of State in question is the Secretary of State who would be responsible for determining an application for development consent with the subject matter of this Order if section 103(1) (Secretary of State is to decide applications) of the 2008 Act applied.

Arbitration

44

  • (1) Subject to article 36 (saving provisions for Trinity House) any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules at Schedule 12 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.
  • (2) For the avoidance of doubt, any matter for which the consent or approval of the Secretary of State is required under any provision of this Order is not subject to arbitration.

SCHEDULE 1 — Authorised development

PART 1 — Authorised development

A nationally significant infrastructure project as defined in sections 14 (Nationally significant infrastructure projects: general) and 15 (generating stations) of the 2008 Act which is located in the Irish Sea approximately 11 kilometres from the coast of North Wales and, comprising—

Work No. 1—

  • (a) an offshore wind turbine generating station with a gross electrical output capacity of over 350 megawatts, comprising up to 50 wind turbine generators each fixed to the seabed by a foundation, and further comprising (b) to (f) below;
  • (b) up to two offshore substation platforms each fixed to the seabed by a foundation;
  • (c) one meteorological mast fixed to the seabed by a foundation;
  • (d) floating buoys;
  • (e) installation of subsea cable circuit to the Gwynt y Môr Offshore Wind Farm including cable crossings and cable protection; and
  • (f) a network of subsea inter-array cables between (a), (b), (c), (d) and (e) including cable crossings and cable protection;

and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising—

Offshore

Work No.1A— Installation of a subsea cable circuit to the Gwynt y Môr Offshore Wind Farm, and alteration of existing scour protection, cable protection and cable crossings.

Work No. 2— Installation of up to two subsea cable circuits between Work No. 1 and Work No. 3 including up to three cable ducts (if required), cable protection and cable crossings.

Work No. 2A— Cofferdam works including piling and creation of pits for trenchless installation techniques.

Intertidal and in the County of Denbighshire

Work No. 3—

  • (a) installation of up to two subsea cable circuits between Work No. 2 and Work No. 4 including up to three cable ducts (if required), cable protection and cable crossings;
  • (b) cofferdam works including piling and creation of pits for trenchless installation techniques, trenchless installation technique works including the creation of entrance and exit pits;
  • (c) removal and remediation of groynes; and
  • (d) construction and use of haul roads, temporary construction working areas, cable installation vessel anchoring and laydown area.

Work No. 3A— Temporary working area including use for cable installation vessel anchoring.

Work Nos. 1, 1A, 2, 2A, 3 and 3A are to be constructed seaward of MHWS within the area delineated by the co-ordinates shown on the location plan and listed in the Table 1 below, and within the area for each Work No. as shown on the works plan—

Point Latitude Longitude
A 53° 19′ 56.591″ N 3° 27′ 34.474″ W
B 53° 19′ 56.903″ N 3° 27′ 34.589″ W
C 53° 19′ 57.216″ N 3° 27′ 34.704″ W
D 53° 19′ 57.287″ N 3° 27′ 34.739″ W
E 53° 19′ 57.477″ N 3° 27′ 34.801″ W
F 53° 19′ 57.571″ N 3° 27′ 35.234″ W
G 53° 19′ 59.287″ N 3° 27′ 44.509″ W
H 53° 20′ 01.946″ N 3° 27′ 55.679″ W
I 53° 20′ 06.255″ N 3° 28′ 11.773″ W
J 53° 20′ 26.855″ N 3° 29′ 10.391″ W
K 53° 20′ 37.646″ N 3° 30′ 06.246″ W
L 53° 20′ 47.343″ N 3° 31′ 39.900″ W
M 53° 20′ 50.884″ N 3° 32′ 13.851″ W
N 53° 22′ 14.257″ N 3° 34′ 55.252″ W
O 53° 22′ 58.820″ N 3° 36′ 30.530″ W
P 53° 23′ 04.561″ N 3° 36′ 37.916″ W
Q 53° 23′ 08.522″ N 3° 36′ 42.054″ W
R 53° 23′ 12.999″ N 3° 36′ 45.555″ W
S 53° 23′ 17.090″ N 3° 36′ 49.051″ W
T 53° 23′ 21.056″ N 3° 36′ 52.116″ W
U 53° 23′ 25.025″ N 3° 36′ 54.537″ W
V 53° 23′ 28.743″ N 3° 36′ 55.879″ W
W 53° 23′ 31.952″ N 3° 36′ 56.140″ W
X 53° 23′ 36.191″ N 3° 36′ 55.987″ W
Y 53° 23′ 41.939″ N 3° 36′ 54.249″ W
Z 53° 23′ 47.152″ N 3° 37′ 19.725″ W
AA 53° 23′ 48.620″ N 3° 37′ 27.526″ W
AB 53° 23′ 52.897″ N 3° 37′ 51.225″ W
AC 53° 23′ 59.322″ N 3° 38′ 24.147″ W
AD 53° 24′ 04.446″ N 3° 38′ 50.837″ W
AE 53° 24′ 15.695″ N 3° 39′ 49.463″ W
AF 53° 24′ 25.334″ N 3° 40′ 34.286″ W
AG 53° 24′ 35.822″ N 3° 41′ 23.083″ W
AH 53° 24′ 48.410″ N 3° 42′ 22.278″ W
AI 53° 24′ 50.783″ N 3° 42′ 33.447″ W
AJ 53° 24′ 58.061″ N 3° 43′ 09.291″ W
AK 53° 25′ 07.441″ N 3° 43′ 55.520″ W
AL 53° 25′ 18.073″ N 3° 44′ 45.489″ W
AM 53° 25′ 18.124″ N 3° 44′ 45.726″ W
AN 53° 25′ 57.263″ N 3° 47′ 53.732″ W
AO 53° 26′ 42.822″ N 3° 51′ 33.277″ W
AP 53° 26′ 45.640″ N 3° 51′ 46.880″ W
AQ 53° 26′ 54.174″ N 3° 52′ 28.086″ W
AR 53° 27′ 38.880″ N 3° 52′ 29.291″ W
AS 53° 28′ 07.642″ N 3° 51′ 49.081″ W
AT 53° 29′ 04.923″ N 3° 51″ 50.621″ W
AU 53° 29′ 08.519″ N 3° 51′ 50.717″ W
AV 53° 29′ 14.611″ N 3° 51′ 50.880″ W
AW 53° 29′ 16.731″ N 3° 51′ 50.937″ W
AX 53° 29′ 16.811″ N 3° 51′ 44.229″ W
AY 53° 29′ 16.893″ N 3° 51′ 37.376″ W
AZ 53° 29′ 26.671″ N 3° 36′ 37.688″ W
BA 53° 29′ 07.090″ N 3° 37′ 36.681″ W
BB 53° 28′ 41.908″ N 3° 38′ 47.993″W
BC 53° 28′ 31.364″ N 3° 39′ 17.852″ W
BD 53° 28′ 05.012″ N 3° 40′ 32.271″ W
BE 53° 27′ 41.330″ N 3° 40′ 54.541″ W
BF 53° 27′ 41.174″ N 3° 40′ 54.481″ W
BG 53° 27′ 22.531″ N 3° 40′ 39.722″ W
BH 53° 27′ 17.024″ N 3° 40′ 24.467″ W
BI 53° 27′ 21.135″ N 3° 39′ 55.867″ W
BJ 53° 27′ 04.200″ N 3° 39′ 43.765″ W
BK 53° 26′ 57.347″ N 3° 39′ 24.931″ W
BL 53° 27′ 01.451″ N 3° 38′ 57.761″ W
BM 53° 26′ 43.034″ N 3° 38′ 42.126″ W
BN 53° 26′ 40.500″ N 3° 38′ 36.582″ W
BO 53° 26′ 36.947″ N 3° 38′ 17.215″ W
BP 53° 26′ 26.587″ N 3° 37′ 28.603″ W
BQ 53° 26′ 19.457″ N 3° 37′ 17.500″ W
BR 53° 26′ 11.113″ N 3° 37′ 16.494″ W
BS 53° 26′ 02.742″ N 3° 37′ 27.803″ W
BT 53° 25′ 52.313″ N 3° 37′ 34.518″ W
BU 53° 25′ 40.571″ N 3° 39′ 12.934″ W
BV 53° 25′ 55.147″ N 3° 39′ 50.832″ W
BW 53° 25′ 57.330″ N 3° 39′ 56.489″ W
BX 53° 25′ 59.460″ N 3° 40′ 02.100″ W
BY 53° 25′ 59.220″ N 3° 40′ 08.910″ W
BZ 53° 25′ 58.980″ N 3° 40′ 15.719″ W
CA 53° 26′ 00.000″ N 3° 40′ 21.929″ W
CB 53° 26′ 01.019″ N 3° 40′ 28.140″ W
CC 53° 25′ 24.660″ N 3° 39′ 50.219″ W
CD 53° 24′ 47.491″ N 3° 38′ 05.284″ W
CE 53° 24′ 19.284″ N 3° 36′ 02.274″ W
CF 53° 24′ 17.813″ N 3° 36′ 01.036″ W
CG 53° 24′ 16.556″ N 3° 35′ 59.908″ W
CH 53° 24′ 15.363″ N 3° 35′ 58.852″ W
CI 53° 24′ 13.551″ N 3° 35′ 57.286″ W
CJ 53° 24′ 11.718″ N 3° 35′ 55.685″ W
CK 53° 24′ 10.163″ N 3° 35′ 54.302″ W
CL 53° 24′ 08.373″ N 3° 35′ 52.701″ W
CM 53° 24′ 07.431″ N 3° 35′ 51.914″ W
CN 53° 24′ 06.483″ N 3° 35′ 51.299″ W
CO 53° 24′ 03.796″ N 3° 35′ 49.370″ W
CP 53° 24′ 02.815″ N 3° 35′ 48.597″ W
CQ 53° 23′ 59.916″ N 3° 35′ 46.150″ W
CR 53° 23′ 58.296″ N 3° 35′ 44.866″ W
CS 53° 23′ 57.375″ N 3° 35′ 44.109″ W
CT 53° 23′ 56.556″ N 3° 35′ 43.524″ W
CU 53° 23′ 55.242″ N 3° 35′ 42.675″ W
CV 53° 23′ 54.337″ N 3° 35′ 42.175″ W
CW 53° 23′ 53.214″ N 3° 35′ 41.575″ W
CX 53° 23′ 51.463″ N 3° 35′ 40.762″ W
CY 53° 23′ 49.840″ N 3° 35′ 40.023″ W
CZ 53° 23′ 49.135″ N 3° 35′ 39.620″ W
DA 53° 23′ 48.109″ N 3° 35′ 39.462″ W
DB 53° 23′ 46.163″ N 3° 35′ 39.041″ W
DC 53° 23′ 44.324″ N 3° 35′ 38.729″ W
DD 53° 23′ 43.233″ N 3° 35′ 38.535″ W
DE 53° 23′ 41.125″ N 3° 35′ 38.564″ W
DF 53° 23′ 39.301″ N 3° 35′ 38.732″ W
DG 53° 23′ 37.682″ N 3° 35′ 38.860″ W
DH 53° 23′ 36.950″ N 3° 35′ 38.850″ W
DI 53° 23′ 35.408″ N 3° 35′ 39.043″ W
DJ 53° 23′ 34.249″ N 3° 35′ 39.564″ W
DK 53° 23′ 33.464″ N 3° 35′ 39.813″ W
DL 53° 23′ 33.093″ N 3° 35′ 39.964″ W
DM 53° 23′ 32.980″ N 3° 35′ 39.997″ W
DN 53° 23′ 32.688″ N 3° 35′ 40.084″ W
DO 53° 23′ 32.256″ N 3° 35′ 40.198″ W
DP 53° 23′ 31.741″ N 3° 35′ 40.420″ W
DQ 53° 23′ 31.344″ N 3° 35′ 40.539″ W
DR 53° 23′ 30.663″ N 3° 35′ 40.717″ W
DS 53° 23′ 30.312″ N 3° 35′ 40.818″ W
DT 53° 23′ 29.994″ N 3° 35′ 40.911″ W
DU 53° 23′ 29.914″ N 3° 35′ 40.933″ W
DV 53° 23′ 29.832″ N 3° 35′ 40.973″ W
DW 53° 23′ 29.634″ N 3° 35′ 41.056″ W
DX 53° 23′ 29.502″ N 3° 35′ 41.118″ W
DY 53° 23′ 29.387″ N 3° 35′ 41.163″ W
DZ 53° 23′ 29.270″ N 3° 35′ 41.210″ W
EA 53° 23′ 29.181″ N 3° 35′ 41.244″ W
EB 53° 23′ 29.079″ N 3° 35′ 41.284″ W
EC 53° 23′ 28.953″ N 3° 35′ 41.334″ W
ED 53° 23′ 28.909″ N 3° 35′ 41.351″ W
EE 53° 23′ 28.880″ N 3° 35′ 41.409″ W
EF 53° 23′ 28.818″ N 3° 35′ 41.533″ W
EG 53° 23′ 28.748″ N 3° 35′ 41.667″ W
EH 53° 23′ 28.682″ N 3° 35′ 41.787″ W
EI 53° 23′ 28.405″ N 3° 35′ 42.245″ W
EJ 53° 23′ 28.131″ N 3° 35′ 42.634″ W
EK 53° 23′ 27.851″ N 3° 35′ 42.974″ W
EL 53° 23′ 27.602″ N 3° 35′ 43.238″ W
EM 53° 23′ 27.310″ N 3° 35′ 43.504″ W
EN 53° 23′ 26.906″ N 3° 35′ 43.805″ W
EO 53° 23′ 26.645″ N 3° 35′ 43.962″ W
EP 53° 23′ 26.165″ N 3° 35′ 44.180″ W
EQ 53° 23′ 25.842″ N 3° 35′ 44.279″ W
ER 53° 23′ 25.444″ N 3° 35′ 44.349″ W
ES 53° 23′ 25.068″ N 3° 35′ 44.365″ W
ET 53° 23′ 24.716″ N 3° 35′ 44.335″ W
EU 53° 23′ 24.468″ N 3° 35′ 44.288″ W
EV 53° 23′ 24.142″ N 3° 35′ 44.194″ W
EW 53° 23′ 23.875″ N 3° 35′ 44.088″ W
EX 53° 23′ 23.481″ N 3° 35′ 43.880″ W
EY 53° 23′ 23.251″ N 3° 35′ 43.729″ W
EZ 53° 23′ 23.012″ N 3° 35′ 43.548″ W
FA 53° 23′ 22.882″ N 3° 35′ 43.438″ W
FB 53° 23′ 22.734″ N 3° 35′ 43.303″ W
FC 53° 23′ 22.557″ N 3° 35′ 43.127″ W
FD 53° 23′ 22.112″ N 3° 35′ 42.600″ W
FE 53° 23′ 21.779″ N 3° 35′ 42.114″ W
FF 53° 23′ 21.513″ N 3° 35′ 41.653″ W
FG 53° 23′ 21.301″ N 3° 35′ 41.228″ W
FH 53° 23′ 21.074″ N 3° 35′ 40.697″ W
FI 53° 23′ 13.240″ N 3° 35′ 24.325″ W
FJ 53° 23′ 09.510″ N 3° 35′ 16.827″ W
FK 53° 22′ 44.082″ N 3° 34′ 23.783″ W
FL 53° 21′ 33.122″ N 3° 32′ 10.584″ W
FM 53° 21′ 20.903″ N 3° 31′ 45.816″ W
FN 53° 21′ 18.580″ N 3° 31′ 29.186″ W
FO 53° 21′ 06.879″ N 3° 29′ 50.362″ W
FP 53° 20′ 56.981″ N 3° 28′ 51.981″ W
FQ 53° 20′ 37.819″ N 3° 27′ 52.310″ W
FR 53° 20′ 31.441″ N 3° 27′ 32.461″ W
FS 53° 20′ 29.868″ N 3° 27′ 27.564″ W
FT 53° 20′ 29.239″ N 3° 27′ 25.217″ W
FU 53° 20′ 26.020″ N 3° 27′ 15.899″ W
FV 53° 20′ 25.601″ N 3° 27′ 15.520″ W
FW 53° 20′ 25.190″ N 3° 27′ 15.220″ W
FX 53° 20′ 24.502″ N 3° 27′ 14.846″ W
FY 53° 20′ 23.456″ N 3° 27′ 14.126″ W
FZ 53° 20′ 22.026″ N 3° 27′ 13.420″ W
GA 53° 20′ 21.377″ N 3° 27′ 13.087″ W
GB 53° 20′ 20.189″ N 3° 27′ 12.303″ W
GC 53° 20′ 15.453″ N 3° 27′ 09.555″ W
GD 53° 20′ 14.270″ N 3° 27′ 08.901″ W
GE 53° 20′ 13.460″ N 3° 27′ 08.493″ W
GF 53° 20′ 12.395″ N 3° 27′ 07.779″ W
GG 53° 20′ 11.610″ N 3° 27′ 07.036″ W
GH 53° 20′ 11.327″ N 3° 27′ 06.816″ W
GI 53° 20′ 11.090″ N 3° 27′ 06.631″ W
GJ 53° 20′ 10.973″ N 3° 27′ 06.540″ W
GK 53° 20′ 10.853″ N 3° 27′ 06.447″ W
GL 53° 20′ 10.475″ N 3° 27′ 06.152″ W
GM 53° 20′ 10.096″ N 3° 27′ 05.857″ W
GN 53° 20′ 08.741″ N 3° 27′ 04.994″ W
GO 53° 20′ 08.658″ N 3° 27′ 04.941″ W
GP 53° 20′ 08.625″ N 3° 27′ 04.920″ W
GQ 53° 19′ 59.650″ N 3° 26′ 59.204″ W
GR 53° 19′ 57.732″ N 3° 26′ 58.372″ W
GS 53° 19′ 57.493″ N 3° 27′ 00.000″ W
GT 53° 19′ 57.478″ N 3° 27′ 00.448″ W
GU 53° 19′ 57.578″ N 3° 27′ 01.284″ W
GV 53° 19′ 57.742″ N 3° 27′ 02.138″ W
GW 53° 19′ 57.772″ N 3° 27′ 02.631″ W
GX 53° 19′ 57.689″ N 3° 27′ 03.331″ W
GY 53° 19′ 57.535″ N 3° 27′ 03.969″ W
GZ 53° 19′ 57.282″ N 3° 27′ 05.123″ W
HA 53° 19′ 57.188″ N 3° 27′ 05.644″ W
HB 53° 19′ 57.091″ N 3° 27′ 06.176″ W
HC 53° 19′ 56.961″ N 3° 27′ 06.734″ W
HD 53° 19′ 56.748″ N 3° 27′ 07.500″ W
HE 53° 19′ 56.687″ N 3° 27′ 07.979″ W
HF 53° 19′ 56.646″ N 3° 27′ 08.421″ W
HG 53° 19′ 56.429″ N 3° 27′ 09.257″ W
HH 53° 19′ 56.265″ N 3° 27′ 09.705″ W
HI 53° 19′ 55.987″ N 3° 27′ 10.474″ W
HJ 53° 19′ 55.637″ N 3° 27′ 11.441″ W
HK 53° 19′ 55.347″ N 3° 27′ 12.258″ W
HL 53° 19′ 54.677″ N 3° 27′ 14.128″ W
HM 53° 19′ 54.315″ N 3° 27′ 15.153″ W
HN 53° 19′ 54.067″ N 3° 27′ 15.897″ W
HO 53° 19′ 54.019″ N 3° 27′ 16.041″ W
HP 53° 19′ 53.753″ N 3° 27′ 16.918″ W
HQ 53° 19′ 53.495″ N 3° 27′ 17.926″ W
HR 53° 19′ 53.279″ N 3° 27′ 18.892″ W
HS 53° 19′ 53.012″ N 3° 27′ 19.829″ W
HT 53° 19′ 52.813″ N 3° 27′ 20.530″ W
HU 53° 19′ 52.615″ N 3° 27′ 21.351″ W
HV 53° 19′ 52.571″ N 3° 27′ 21.579″ W
HW 53° 19′ 52.439″ N 3° 27′ 22.269″ W
HX 53° 19′ 52.020″ N 3° 27′ 25.023″ W
HY 53° 19′ 51.867″ N 3° 27′ 26.071″ W
HZ 53° 19′ 52.837″ N 3° 27′ 27.871″ W
IA 53° 19′ 56.346″ N 3° 27′ 34.384″ W

In the County of Denbighshire:

Work No. 4— Installation of up to two buried cable circuits with up to three cable ducts (if required) between Work No. 3 and Work No. 5; including cable crossings, cable protection, cofferdam works including piling, trenchless installation technique works, creation of pits for trenchless installation techniques; cable trenching works and removal and remediation of groynes, construction of haul road, temporary construction working areas, cable installation vessel anchoring and laydown area.

Work No. 5— Installation of up to two buried cable circuits with up to 3 cable ducts (if required) between Work No. 4 and Work No. 8; including trenchless installation technique works, and temporary construction working areas and laydown area.

Work No. 6— Temporary working area including:

  • (a) creation of construction access to Work Nos. 3, 3A, 4, 5, 6A and 7 from Rhyl Coast Road; including works to junctions and visibility splays and removal and remediation of groynes; and
  • (b) trenchless installation technique works.

Work No. 6A— Within Work No. 6 construction of a temporary construction compound and laydown area.

Work No. 7— Creation of construction and operational access to Work Nos. 3, 3A, 4, 5, 6 and 6A from Rhyl Coast Road; including works to junctions and visibility splays, and removal and remediation of groynes, construction of a haul road, temporary construction working areas and laydown area.

Work No. 7A— Within Work No. 7, construction of a temporary construction compound and laydown area.

Work No. 8— Installation of up to two buried cable circuits with up to 3 cable ducts (if required) and—

  • (a) construction of a haul road;
  • (b) a temporary construction working area;
  • (c) creation and improvement of accesses including works to junctions and visibility splays; and
  • (d) improvement works to existing bridge.

Work No. 8A— Within Work No. 8, installation of:

  • (a) up to two transition joint bays;
  • (b) trenchless installation techniques including the creation of pits; and
  • (c) a temporary construction compound.

Work No. 9— Installation of up to two buried cable circuits with cable ducts (if required) between Work No. 8 and Work No. 11 from the south of the landfall to Dyserth Road, approximately 734 m; cable ducts, trenchless installation technique pit works including the creation of entrance and exit pits, and cable trenching works; construction of a haul road, temporary construction accesses and working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 10— Creation of construction access, construction of a haul road, temporary construction working areas and laydown, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 10A— Within Work No. 10, the creation of a temporary construction compound of no more than 10,000 m².

Work No. 11— Installation of up to two buried cable circuits with cable ducts (if required) between Work No. 9 and Work No. 15 from Dyserth Road to the A525/A547 highway, approximately 2,467 m; including cable ducts, trenchless installation technique pit works including the creation of entrance and exit pits and cable trenching works; construction of a haul road, temporary construction working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 12— Creation of construction access, construction of a haul road, temporary construction working areas and laydown area and works to create a temporary crossing.

Work No. 13— Creation of construction access, construction of a haul road, temporary construction working areas and laydown area.

Work No. 14— Creation of construction access, construction of a haul road, temporary construction working area and laydown area, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 14A— Within Work No. 14, the creation of a temporary construction compound of no more than 22,500 m².

Work No. 15— Installation of up to two buried cable circuits with cable ducts (if required) between Work No. 11 and Work No. 18 from the A525/A547 highway to the river Ffyddion approximately 763 m; including cable crossings, trenchless technique pit works including the creation of entrance and exit pits and cable trenching works; construction of a haul road including watercourse crossing, temporary construction working areas and laydown area, creation and improvement of accesses.

Work No. 16— Creation of construction access, construction of a haul road, temporary working areas and laydown area, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 16A— Within Work No. 16, the creation of a temporary construction compound of no more than 10,000 m².

Work No. 17— Creation of construction access, construction of a haul road, temporary construction working areas and laydown area to north of the river Clwyd, and creation and improvement of accesses to public highway including works to junctions and visibility splays.

Work No. 18— Installation of up to two buried cable circuits with cable ducts (if required) between Work No. 15 and Work No. 19 from the river Ffyddion to the river Clwyd, approximately 485 m; including cable ducts, trenchless technique pit works including the creation of entrance and exit pits and cable trenching works; construction of a haul road including watercourse crossing, temporary construction working area and laydown area and creation and improvement of accesses.

Work No. 19— Installation of up to two buried cable circuits within cable ducts (if required) between Work No. 18 and Work No. 21 from the river Clywd to the A547/Abergele Road approximately 1,003 m; including cable ducts, trenchless technique pit works including the creation of entrance and exit pits and cable trenching works; construction of a haul road, temporary construction working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 20— Creation of construction access, construction of a haul road, temporary construction working areas and laydown area to north of the A547/Abergele Road, and creation and improvement of accesses to public highway including works to junctions and visibility splays.

Work No. 20A— Within Work No. 20, construction of temporary construction compound of no more than 22,500 m².

Work No. 21— Installation of up to two buried cable circuits within cable ducts (if required) between Work No. 19 and Work No. 23; from the A547/Abergele Road to Bodelwyddan Road, approximately 1,021 m; including cable ducts, trenchless technique pit works including the creation of entrance and exit pits and cable trenching works; construction of a haul road, temporary construction working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 22— Creation of construction access, construction of a haul road, temporary working area and laydown area to the north of Bodelwyddan Road, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 22A— Within Work No. 22, construction of a temporary construction compound of no more than 10,000 m².

Work No. 23— Installation of up to two buried cable circuits within cable ducts (if required) between Work No. 21 and Work No. 29 from Bodelwyddan Road to the south of the A55 highway, approximately 2,432 m; including cable ducts, trenchless technique pit works including the creation of entrance and exit pits and cable trenching works; construction of a haul road, temporary construction working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 24— Creation of construction access, works to temporarily improve and increase visibility splays for the public highway during construction.

Work No. 25— Creation of construction access, construction of a haul road, temporary construction working areas and laydown area and improvements to existing bridge.

Work No. 26— Creation of construction access, construction of a haul road, temporary construction working areas and laydown area to the north of the A55 road and creation and improvement of accesses to public highway including works to junctions and visibility splays.

Work No. 26A— Within Work No. 26, the construction of a temporary construction compound of no more than 22,500 m².

Work No. 27— Creation of construction access, construction of a haul road, temporary construction working areas and laydown area and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 28— Drainage works including connections to existing drainage and creation of new sustainable drainage including attenuation pond(s).

Work No. 29— Installation of up to two buried cable circuits with cable ducts (if required) between Work No. 23 and Work Nos. 31 and 31A from south of the A55 highway to the electrical substation approximately 197 m, including:

  • (a) cable ducts, trenchless installation technique pit works including the creation of entrance and exit pits and cable trenching works;
  • (b) construction of a haul road, temporary construction working areas and laydown area;
  • (c) creation and improvement of accesses including works to junctions and visibility splay;
  • (d) permanent landscaping, ecological and environmental works;
  • (e) drainage works including connections to existing drainage and creation of new sustainable drainage including attenuation pond(s); and
  • (f) utilities connections area.

Work No. 30— An access, drainage and utilities works area comprising:

  • (a) temporary construction working areas and laydown areas;
  • (b) temporary access roads and haul road including temporary land re-profiling;
  • (c) drainage works including connections to existing drainage and creation of new sustainable drainage including attenuation pond(s);
  • (d) permanent landscaping, ecological and environmental works; and
  • (e) utilities connections.

Work No. 30A— Within Work No. 30, creation of a temporary construction compound and laydown area of no more than 37,500 m².

Work No. 31— Creation of the substation compound area including:

  • (a) land re-profiling and creation of platform or foundations for Work No. 31A;
  • (b) security fencing;
  • (c) landscaping;
  • (d) utilities connections;
  • (e) drainage works including connections to existing drainage and creation of new sustainable drainage including attenuation pond(s);
  • (f) temporary and permanent access roads;
  • (g) temporary construction areas, lay down areas and haul roads;
  • (h) installation of up to two buried cable circuits within cable ducts (if required);
  • (i) installation of up to two buried 400kV cable circuits within cable ducts (if required);
  • (j) cable crossings, cable protection, cable ducts, trenchless installation technique pit works including the creation of entrance and exit pits and cable trenching works; and
  • (k) creation of permanent ecological and environmental mitigation works including habitat creation.

Work No. 31A— Within Work No. 31, construction of electrical substation infrastructure including:

  • (a) a compound for electrical works necessary for the onward transmission of electricity (the “substation compound”) containing (but not limited to) switchgear and electrical equipment including power transformers, reactive compensation equipment, filters, cooling equipment, control and welfare buildings, lightning rods, internal roads, security fencing and other associated equipment, structures and buildings including noise-attenuation works; and
  • (b) permanent security fencing and security gate.

Work No. 32— Installation of up to two buried 400kV cable circuits with cable ducts (if required) between Work No. 31 and Work No. 36 from the electrical substation to Glascoed Road; including:

  • (a) cable ducts, trenchless installation technique pit works including the creation of entrance and exit pits and cable trenching works;
  • (b) creation of construction access, construction of a haul road;
  • (c) temporary construction working areas and laydown area;
  • (d) creation and improvement of accesses including works to junctions and visibility splays;
  • (e) permanent landscaping, ecological and environmental works;
  • (f) drainage works including connections to existing drainage and creation of new sustainable drainage including attenuation pond(s); and
  • (g) utilities connections area.

Work No. 33— An access, drainage and utilities works area comprising:

  • (a) temporary construction working areas and laydown area;
  • (b) temporary access roads and haul road including temporary land re-profiling;
  • (c) permanent access roads and visibility splays;
  • (d) permanent landscaping, ecological and environmental works;
  • (e) drainage works including connections to existing drainage and creation of new sustainable drainage including attenuation pond(s); and
  • (f) utilities connections.

Work No. 34— Creation of new temporary and permanent visibility splays and improvement of existing visibility splays.

Work No. 35— Permanent landscaping, ecological and environmental works, drainage works including connections to existing drainage and creation of new sustainable drainage including attenuation pond(s), and utilities connections.

Work No. 36— Installation of up to two buried 400kV cable circuits with cable ducts (if required) between Work No. 32 and Work No. 40 from Glascoed Road to the National Grid substation approximately 912 m; including cable ducts, trenchless installation technique pit works including the creation of entrance and exit pits and cable trenching works; construction of a haul road, temporary construction working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 37—

  • (a) creation of construction access, construction of a haul road and temporary construction working areas; and
  • (b) creation and improvement of accesses to public highway including works to junctions, creation of a new bellmouth junction and visibility splays.

Work No. 37A— Within Work No. 37, creation of a temporary construction compound and laydown area of no more than10,000 m² to the south of Glascoed Road.

Work No. 38— Creation of construction access, creation and improvement of visibility splays, works to highway verges to improve existing visibility splays.

Work No. 39—

  • (a) creation of construction access, construction of a haul road, temporary construction working areas and laydown area and creation and improvement of accesses to public highway including works to junctions and visibility splays; and
  • (b) creation of permanent access, including works to connect the access to Glascoed Road.

Work No. 39A— Within Work No. 39, creation of a temporary construction compound and laydown area of no more than 10,000 m².

Work No. 40— Electrical works to connect to the National Grid substation—

  • (a) works needed to connect the authorised project to the National Grid substation at Bodelwyddan that National Grid is not required, under its transmission licence, to carry out itself including (but not limited to) cabling, cable sealing ends, circuit breakers, surge arrestors, dis-connectors, transformers, busbars and busbar clamp measuring equipment, relay marshalling rooms and electrical earthing works;
  • (b) installation of up to two buried 400kV cable circuits with cable ducts (if required) between Work No. 36 and the National Grid substation; including cable ducts, trenchless installation technique pit works including the creation of entrance and exit pits and cable trenching works;
  • (c) construction of a haul road, temporary construction compound and laydown area; and
  • (d) creation of access roads to provide operational and maintenance access.

Work No. 41— Access roads to provide operational access from the public highways to Work Nos. 4 to 40 and any associated development.

and in connection with Work Nos. 1 to 3A and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including—

  • (a) scour protection around the foundations of the offshore structures;
  • (b) cable protection measures such as rock placement and the placement of rock and/or concrete mattresses, with or without frond devices;
  • (c) dredging;
  • (d) the removal of material from the seabed required for the construction of Work Nos. 1 to 3 and the disposal of inert material of natural origin and/or dredged material within the Order limits produced during construction drilling, and seabed preparation for the installation of the foundations of the offshore structures or during seabed preparation for cable laying;
  • (e) creation and use of temporary vessel laydown areas, use of cable anchors;
  • (f) removal of static fishing equipment;
  • (g) lighting; and
  • (h) erection of temporary cofferdams during construction.

and in connection with Work Nos. 4 to 41 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including—

  • (i) haul roads, ramps, watercourse and other temporary crossings, means of access and other vehicular and/or pedestrian means of access, including creation of new tracks and footpaths, and/or widening, upgrades, alterations and improvements of existing roads, tracks and footpaths;
  • (j) bunds, embankments, swales, landscaping, fencing and boundary treatments and alteration of groynes;
  • (k) provision of temporary and permanent ecological and environmental mitigation and compensation works;
  • (l) spoil storage and associated control measures;
  • (m) jointing bays, link boxes, cable ducts, cable protection, joint protection, manholes, marker posts, underground cable markers, tiles and tape, and lighting and other works associated with laying cables and/or pulling cables through cable ducts;
  • (n) works for the provision of apparatus including cabling, water and electricity supply works, foul drainage provision, surface water management systems, temporary drainage during installations of cables and culverting;
  • (o) works to alter the position of apparatus, including mains, sewers, drains and cables;
  • (p) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
  • (q) landscaping works and habitat creation;
  • (r) works for the benefit or protection of land affected by the authorised development;
  • (s) working sites in connection with the construction of the authorised development, construction lay down areas and compounds and storage compounds;
  • (t) works of restoration;
  • (u) fencing or other means of enclosure; and
  • (v) such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development.

PART 2 — Ancillary works

Works within the Order limits which fall within the scope of the work assessed by the environmental statement comprising—

  • (a) intrusive ground investigations including the making of boreholes and trial pits;
  • (b) temporary landing places, moorings or other means of accommodating vessels in the construction and/ or maintenance of the authorised development;
  • (c) marking buoys, beacons, fenders and other navigational warning or ship impact protection works; and
  • (d) temporary works for the benefit or protection of land, watercourses or structures affected by the authorised development.

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.

Offshore design parameters

2

  • (1) The wind turbine generators to be constructed or operated as part of the authorised development must be located within the area delineated by the co-ordinates in Table 2 and shown on sheet 2 of the works plan and, subject to any lighting approved under requirement 3, there must be no material difference in the size and appearance of the wind turbine generators.
Point Latitude Longitude
IC 53° 25′ 18.124″ N 3° 44′ 45.726″ W
ID 53° 25′ 57.263″ N 3° 47′ 53.732″ W
IE 53° 26′ 42.823″ N 3° 51′ 33.278″ W
IF 53° 29′ 16.893″ N 3° 51′ 37.376″ W
IG 53° 29′ 26.671″ N 3° 36′ 37.688″ W
IH 53° 29′ 7.091″ N 3° 37′ 36.682″ W
II 53° 28′ 41.909″ N 3° 38′ 47.993″ W
IJ 53° 28′ 31.364″ N 3° 39′ 17.852″ W
IK 53° 28′ 5.013″ N 3° 40′ 32.272″ W
IL 53° 27′ 1.865″ N 3° 41′ 31.636″ W
IM 53° 26′ 45.454″ N 3° 41′ 14.509″ W
  • (2) The offshore works must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 3.
Parameter Value
Maximum number of wind turbine generators 50
Maximum total rotor swept area (m ²) 2,500,412
Maximum height of wind turbine generators when measured from MHWS to the tip of the vertical blade (m) 332
Maximum rotor diameter of each wind turbine generator (m) 306
Minimum distance from MHWS to the lowest point of the rotating blade for each wind turbine generator (m) 22
Minimum distance between wind turbine generators (in all directions measured from the centre point of each wind turbine generator) (m) 830
Maximum pile diameter of single pile structures (m) 15
Maximum pile diameter of two or more pile structures (m) 8
Maximum total seabed footprint for wind turbine generators (excluding scour protection) (m²) 98,175
Maximum total seabed footprint for wind turbine generators (including scour protection) (m²) 570,209
Maximum width of any supporting structure (m) at mean sea level 15
Maximum number of offshore substations 2
Maximum dimensions of offshore substations: Height when measured from MHWS (m) Length (m) Topside area (m²) 77.3 80 4,000
Maximum total seabed footprint area for offshore substation foundations (excluding scour protection) (m²) 14,000
Maximum total seabed footprint area for offshore substation foundations (including scour protection) (m²) 21,600
Maximum volume of natural material for disposal (m ³) 12,920,356
Maximum total volume of scour protection for wind turbine generators and offshore substations (m³) 952,282
Maximum number of meteorological masts 1
Maximum total seabed footprint area for meteorological mast foundations (excluding scour protection) (m²) 20
Maximum total seabed footprint area for meteorological mast foundations (including scour protection) (m²) 855
Maximum width of any supporting structure for meteorological mast (m) 5
Maximum number of any LiDAR measurement buoys 3
Maximum number of any permanent vessel buoys 3
Maximum total length of cables (km) 203.4
Maximum volume of cable protection (m ³) 366,513
Maximum footprint of cable protection (m²) 474,476
Maximum number of cable crossings 19

Aviation safety

3

  • (1) The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by Air Navigation Order 2016 and/or determined necessary for aviation safety in consultation with the Defence Infrastructure Organisation Safeguarding and as directed by the Civil Aviation Authority. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the life of the authorised development unless otherwise agreed with the Ministry of Defence.
  • (2) The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14 days prior to the commencement of the offshore works, of the following—
  • (a) the date of the commencement of construction of the offshore works;
  • (b) the date any wind turbine generators are brought into use;
  • (c) the maximum height of any construction equipment to be used;
  • (d) the maximum heights of any wind turbine generator, meteorological mast and offshore electrical platform to be constructed; and
  • (e) the latitude and longitude of each wind turbine generator, meteorological mast and offshore electrical platform to be constructed; and

the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the offshore works.

  • (3) The lights installed in accordance with paragraph (1) will be operated at the lowest permissible lighting intensity level.

Offshore Noise

4

Except in an emergency, the noise generated during the construction of Work No. 1 when measured at as close as practicable to the receptor OS Grid Reference 279980; 381977 must not, in onshore wind weather conditions, exceed 50 dB(A) Leq 1 hour between the hours of 2300 and 0700 when measured in accordance with British Standard BS5228:2009+A1:2014, ‘Code of practice for noise and vibration control on construction and open sites’. Onshore wind weather conditions are when the receptor is downwind of the piling location by plus or minus 45 degrees.

Stages of authorised development

5

  • (1) The onshore works may not be commenced until notification has been submitted to the relevant planning authority detailing whether the onshore works will be constructed—
  • (a) in a single stage; or
  • (b) in two or more stages.
  • (2) The onshore works may not be commenced until details of the stages of the onshore works have been submitted to and approved by the relevant planning authority.
  • (3) The construction of the onshore works must follow the details provided under sub-paragraph (2) of this requirement.

Substation works

6

  • (1) Construction of Work No. 31A must not commence until details of—
  • (a) the layout;
  • (b) scale;
  • (c) proposed finished ground levels;
  • (d) hard surfacing materials;
  • (e) the dimensions, colour and materials used for the buildings;
  • (f) security fencing;
  • (g) vehicular and pedestrian access, parking and circulation areas; and
  • (h) proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports;

have been submitted to and approved by the relevant planning authority following consultation with Natural Resources Wales as appropriate.

  • (2) The details submitted under sub-paragraph (1) of this requirement must be in accordance with requirement 7 (detailed design parameters onshore) and substantially in accordance with the design principles document.
  • (3) Work No. 31A must be carried out in accordance with the approved details.

Detailed design parameters onshore

7

  • (1) The onshore works must not exceed the parameters assessed in the environmental statement and set out in Table 4 and sub-paragraph (2).
Parameter Value
Maximum number of landfall transition joint bays 2
Maximum number of connection bays within Work No. 40 2
  • (2) In relation to Work No. 31A—
  • (a) if air insulated switchgear is installed—
  • (i) the highest part of any reactive compensation building must not exceed 41.675m above Ordnance Datum and the highest part of any other building must not exceed 40.675m above Ordnance Datum;
  • (ii) the highest part of any external electrical equipment or enclosure, excluding lightning rods, must not exceed 46.675m above Ordnance Datum;
  • (iii) the total area of the fenced compound (excluding its accesses) must not exceed 50,000m²;
  • (iv) the total number of lightning rods within the fenced compound area must not exceed 12 and the height of any lightning rod must not exceed 52.2m above Ordnance Datum;
  • (b) if gas insulated switchgear is installed—
  • (i) the highest part of the main gas insulated switchgear substation building must not exceed 49.975m above Ordnance Datum;
  • (ii) the highest part of any reactive compensation building must not exceed 42.475m above Ordnance Datum and subject to sub-paragraph (i) the highest part of any other building must not exceed 41.475m above Ordnance Datum;
  • (iii) the highest part of any external electrical equipment or enclosure, excluding lightning rods, must not exceed 47.475m above Ordnance Datum;
  • (iv) the total area of the fenced compound (excluding its accesses) must not exceed 30,000m²; and
  • (v) the total number of lightning rods within the fenced compound area must not exceed 12 and the height of any lightning rod must not exceed 53m above Ordnance Datum.
  • (3) Trenchless installation techniques must be used to install the cable ducts and electrical circuits where identified in the crossings schedule for the purpose of passing under a relevant obstruction unless otherwise agreed by the relevant planning authority, following consultation with the relevant drainage boards, Natural Resources Wales and the highways authority.
  • (4) In this requirement “reactive compensation building” means any building housing electrical compensation equipment for Work No 31A.

Provision of landscaping

8

  • (1) Work No. 31A must not be commenced until a written landscaping scheme and associated work programme in accordance with the outline landscape and ecology management plan for Work No. 31A has been submitted to and approved by the relevant planning authority following consultation with Natural Resources Wales as appropriate.
  • (2) The written landscaping scheme must include details of all proposed hard and soft landscaping works including—
  • (a) location, number, species, size and planting density of any proposed planting including any trees; and
  • (b) implementation timetables for all landscaping works.
  • (3) The written landscaping scheme and associated work programme must be carried out in accordance with the approved details.

Implementation and maintenance of landscaping

9

  • (1) All landscaping works must be carried out in accordance with the landscaping scheme approved under requirement 8 (provision of landscaping).
  • (2) Any tree or shrub planted as part of an approved landscaping scheme 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 a different species is otherwise agreed with the relevant planning authority.

Code of construction practice

10

  • (1) No stage of the onshore works may commence until for that stage a code of construction practice has been submitted to and approved by the relevant planning authority in consultation with the highway authority as appropriate following consultation with Natural Resources Wales as appropriate and in relation to sub-paragraph (2)(d) the Welsh Ministers.
  • (2) The code of construction practice must accord with the outline code of construction practice and include, as appropriate to the relevant stage—
  • (a) construction method statement;
  • (b) noise and vibration management plan;
  • (c) air quality management plan;
  • (d) soil management plan;
  • (e) site waste management plan;
  • (f) pollution prevention and emergency incident response plan;
  • (g) construction traffic management plan;
  • (h) public access management plan;
  • (i) travel plan;
  • (j) artificial light emissions plan;
  • (k) invasive non-native species management plan; and
  • (l) construction communications plan.
  • (3) The code of construction practice approved in relation to the relevant stage of the onshore works must be followed in relation to that stage of the onshore works.
  • (4) Pre-commencement works must only take place in accordance with the relevant details set out in the outline code of construction practice as certified.

Highway accesses

11

  • (1) No new permanent means of access to a highway to be used by vehicular traffic, or any permanent alteration to an existing means of access to a highway used by vehicular traffic may be formed until written details of the design, layout and siting of that new or altered access have been submitted to and approved by the relevant planning authority in consultation with the highway authority.
  • (2) The highway accesses must be constructed in accordance with the approved details.

Onshore archaeology

12

  • (1) No stage of the onshore works may commence until for that stage an archaeological written scheme of investigation in accordance with the onshore WSI as appropriate for the relevant stage has been submitted to and approved by the relevant planning authority.
  • (2) The onshore works must be carried out in accordance with the approved details.
  • (3) Pre-commencement surveys and investigations, including those necessary to allow production of any scheme required under sub-paragraph (1) must only take place in accordance with the applicable details set out in the onshore WSI.

Landscape and Ecology management plan

13

  • (1) No stage of the onshore works may commence until for that stage a written landscape and ecology management plan in accordance with the outline landscape and ecology management plan as appropriate for the relevant stage, has, following consultation with Natural Resources Wales, been submitted to and approved by the relevant planning authority.
  • (2) The landscape and ecology management plan(s) submitted under sub-paragraph (1) must include an implementation timetable and must be implemented as approved.
  • (3) Pre-commencement works must only take place in accordance with the relevant details set out in the outline landscape and ecology management plan as certified.

European protected species onshore

14

  • (1) No stage of the onshore works other than surveying and investigation necessary to comply with this requirement may be undertaken until, for that stage, pre-construction survey work has been carried out to establish whether a European protected species or nationally protected species under the Wildlife and Countryside Act 1981 is present on any of the land affected, or likely to be affected, by any part of that stage of the onshore works.
  • (2) Where a European protected species or nationally protected species under the Wildlife and Countryside Act 1981 is shown to be present, the stage of the onshore works likely to affect the species must not commence until, after consultation with Natural Resources Wales, a scheme of protection and mitigation measures for that stage has been submitted to and approved by the relevant planning authority.
  • (3) Each stage of the onshore works which requires a scheme of protection and mitigation measures in accordance with sub-paragraph (2) of this requirement must be carried out in accordance with the approved scheme.
  • (4) In this paragraph, “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017.
  • (5) In this paragraph, “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981.

Construction hours

15

  • (1) Except as otherwise agreed in the code of construction practice and subject to sub-paragraphs (2) to (4), construction of the onshore works and construction-related traffic movements to or from the site of the relevant work may take place only between the hours of 0700 and 1900 from Monday to Friday and 0700 and 1300 on Saturdays, with no activity on Sundays or bank holidays.
  • (2) If agreed in advance with the relevant planning authority, construction of the onshore works and construction-related traffic movements to or from the site of the relevant work may take place outside the hours specified in sub-paragraph (1) for certain identified works including—
  • (a) where continuous periods of construction are required, for works such as concrete pouring and finishing, electrical circuit pulling and jointing and testing;
  • (b) for the delivery and unloading of abnormal loads;
  • (c) for the landfall works; and
  • (d) for any other time-critical element of the onshore works.
  • (3) Except as provided in sub-paragraph (4), all construction works which are to be undertaken outside the hours specified in sub-paragraph (1) must be agreed in advance with the relevant planning authority.

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