LegalizeThe Awel y Môr Offshore Wind Farm Order 2023
- (4) In respect of trenchless installation techniques where continuous 24-hour working has been assessed in the environmental statement, the undertaker must notify the relevant planning authority in advance of such works.
Surface and foul water drainage
16
- (1) Work Nos. 31 and 31A must not commence until, for that numbered work, a written surface and foul water drainage plan (including details of any watercourse crossings and proposals for management and maintenance) has, following consultation with Natural Resources Wales, been submitted to and approved 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 of Work No. 31A.
Restoration of land used temporarily for construction
17
Any land landward of MLWS which is used temporarily for construction of the onshore works and not ultimately incorporated in permanent works or approved landscaping must be reinstated within six months of completion of the relevant stage of the onshore works in accordance with details submitted to and approved by the relevant planning authority under requirement 10 (code of construction practice).
Control of noise during operational stage
18
- (1) The noise rating level for the operation of Work No. 31A must not exceed the following levels at a position representative of the façade, in free-field conditions, of, any building authorised or lawfully occupied for residential or accommodation purposes at the date of the granting of this Order, at each of the representative locations set out in (a) to (d) below:
- (a) 36 dB LAr,Tr at Gwelfryn (OS: 300654, 373889) or other nearby residential properties on Glascoed Road to the south west of Work No. 31A;
- (b) 36 dB LAr,Tr at Caer Delyn (OS 301339, 373960) or other nearby residential properties on Glascoed Road to the south east of Work No. 31A;
- (c) 39 dB LAr,Tr at Bodelwyddan Castle Hotel (OS 299967, 374819) or other nearby residential properties to the west of Work No. 31A; and
- (d) 41 dB LAr,Tr at Faenol Bropor (OS 301298, 374784) or other nearby residential properties to the north of Work No. 31A.
- (2) The noise levels set out in sub-paragraph (1) are to be measured:
- (a) in accordance with British Standard BS4142:2014+A1:2019, Methods for rating and assessing industrial and commercial sound; and
- (b) with a microphone placed at least 1.5 m above the ground in free-field conditions (being at least 3.5 m from the nearest vertical reflecting surface).
- (3) In the event of a complaint to the relevant planning authority relating to noise emissions from the operation of Work No. 31A which may reasonably be expected to result in levels above those allowed by paragraph (1)—
- (a) the undertaker must submit a proposed measurement and assessment procedure, based on the guidance and assessment methodology outlined in BS4142:2014, including a proposed measurement methodology and monitoring locations and the timings for the assessment and reporting to the relevant planning authority for approval; and
- (b) measurements must be undertaken in accordance with the approved procedure by an independent consultant appointed by the undertaker in order to determine compliance or otherwise with paragraph (1).
Control of operational artificial light emissions
19
- (1) Work No. 31A and Work No. 33(c) must not be brought into operation until a written scheme for the management and mitigation of internal and external artificial light emissions from Work No. 31A and Work No.33(c) has been submitted to and approved by the relevant planning authority.
- (2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the lifetime of Work No. 31A and Work No. 33(c).
Skills and Employment Strategy
20
- (1) No stage of the authorised development may commence until a skills and employment strategy, substantially in accordance with the outline skills and employment strategy has been submitted to and approved by the relevant planning authority.
- (2) The skills and employment strategy must be implemented in accordance with the approved details.
Offshore decommissioning
21
No offshore works may commence until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Act has been submitted to the Secretary of State for approval.
Onshore decommissioning
22
- (1) A written scheme of decommissioning for the onshore works must be submitted to and approved by the relevant planning authority at least six months prior to any decommissioning works commencing.
- (2) The written scheme of decommissioning for the onshore works must include a code of construction practice and the approved scheme must be implemented as approved in the carrying out of any decommissioning works or relevant part of it.
Great Dun Fell and St Annes Primary Radar Mitigation Scheme
23
- (1) No part of any wind turbine generator (excluding foundations) shall be erected as part of the authorised development until a primary radar mitigation scheme agreed in advance with the operator has been submitted to and approved in writing by the Secretary of State in order to mitigate the impact of the authorised development on the primary radar of the operator located at Great Dun Fell and St Annes and associated air traffic management operations.
- (2) No part of any wind turbine generator (excluding foundations) shall be erected until the approved primary radar mitigation scheme has been implemented and the authorised development shall thereafter be operated fully in accordance with the approved scheme.
- (3) In this requirement—
- “operator” means NATS (En Route) plc, incorporated under the Companies Act (Company Number 4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hampshire PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services to the relevant managed area (within the meaning of section 40 of the Transport Act); and
- “primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to mitigate the impact of the development on the primary radar located at Great Dun Fell and St Annes and air traffic management operations of the operator.
Landscape enhancement scheme
24
- (1) Work No. 1 must not be commenced until a scheme for the provision of landscape enhancement in accordance with the landscape enhancement scheme principles document has been submitted to and approved by the relevant planning authority following consultation with Natural Resources Wales, the Isle of Anglesey County Council, Eryri National Park Authority and Conwy County Borough Council.
- (2) The landscape enhancement scheme must set out appropriate measures to compensate for the impact of the authorised development on the protected landscapes of Eryri National Park, the Isle of Anglesey Area of Outstanding Natural Beauty (including Anglesey Heritage Coast) and Great Orme Heritage Coast.
- (3) The landscape enhancement scheme shall be implemented as approved.
- (4) In this requirement “landscape enhancement scheme principles document” means the document certified as such by the Secretary of State under article 40.
Wake effects
25
- (1) No part of any wind turbine generator shall be erected as part of the authorised development until an assessment of any wake effects and subsequent design provisions to mitigate any such identified effects as far as possible has been submitted to and approved in writing by the Secretary of State, in order to mitigate the impact of the authorised development on the energy generation of Rhyl Flats Wind Farm. The assessment must be based on the scope of this Order as granted.
- (2) The authorised development shall be carried out in accordance with the approved details.
Requirement for written approval
26
Where under any of the above requirements the approval or agreement of the Secretary of State, the relevant planning authority or another person is required, that approval or agreement must be given in writing.
Amendments to approved details
27
- (1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority or another organisation or body, the approved details must be carried out as approved unless an amendment or variation is previously agreed by the relevant planning authority or that other organisation or body in accordance with sub-paragraph (2).
- (2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant planning authority or that other organisation or body that the subject matter of the agreement sought is unlikely to give rise to any materially greater environmental effects from those assessed in the environmental statement.
- (3) The approved details must be taken to include any amendments that may subsequently be approved by the relevant planning authority or that other person.
SCHEDULE 3 — Streets subject to street works
In the County of Denbighshire:
| (1) Street | (2) Extent as shown on the street works and access plan |
|---|---|
| Ferguson Avenue, Rhyl | Between the points labelled AA and AB on sheet 2 |
| Garford Road, Rhyl | Between the points labelled AC and AD on sheet 1 |
| Rhyl Golf Club access | Between the points labelled AE and AF on sheet 1 |
| Robin Hood Holiday Camp accesses | Between the points labelled AG and AH on sheets 1 and 2 |
| B5119, Dyserth Road | Between the points labelled AI and AJ on sheet 3 |
| B5119, Dyserth Road | Between the points labelled AK and AL on sheet 3 |
| A525 | Between the points labelled AM and AN on sheet 5 |
| A547, eastern Rhuddlan bypass | Between the points labelled AO and AP on sheet 5 |
| Tan-Yr-Eglwys Road | Between the points labelled AQ and AR on sheet 6 |
| A547, Abergele Road | Between the points labelled AS and AT on sheet 6 |
| Bodelwyddan Road | Between the points labelled AU and AV on sheet 7 |
| Nant-Y-Faenol Road | Between the points labelled AW and AX on sheet 7 |
| Junction 26 of the A55 | Between the points labelled AY and AZ on sheet 9 |
| Junction 26 of the A55 | Between the points labelled BA and BB on sheet 9 |
| Minor road to the north of St. Asaph Business Park | Between the points labelled BC and BD on sheet 9 |
| B5381 Glascoed Road | Between the points labelled BE and BF on sheet 10 |
| Minor road to the south of the B5381 Glascoed Road | Between the points labelled BG and BH on sheet 10 |
| B5381 Glascoed Road | Between the points labelled BI and BJ on sheet 10 |
SCHEDULE 4 — Rights of way to be temporarily stopped up or restricted
In the County of Denbighshire:
| (1) Street or right of way to be temporarily stopped up or restricted | (2) Extent of temporary stopping up or restriction |
|---|---|
| Footpath DE/206/5 | Between points Ax and Ay as shown on sheets 3 and 4 of the temporary stopping up of public rights of way plan |
| Footpath DE/206/3 | Between points Bx and By as shown on sheet 4 of the temporary stopping up of public rights of way plan |
| Footpath DE/206/44 | Between points Ca and Cb and Cx and Cy as shown on sheet 5 of the temporary stopping up of public rights of way plan |
| Footpath DE/206/18 | Between points Dx, Dy and Dz as shown on sheet 5 of the temporary stopping up of public rights of way plan |
| Footpath DE/206/46 | Between points Ex and Ey as shown on sheet 5 of the temporary stopping up of public rights of way plan |
| Footpath DE/206/20 | Between points Fa and Fb and Fx and Fy as shown on sheet 5 of the temporary stopping up of public rights of way plan |
| Footpath DE/206/23 | Between points Gx and Gy as shown on sheet 5 of the temporary stopping up of public rights of way plan |
| Footpath DE/206/24 and Footpath 206/22 | Between points Hx and Hy as shown on sheet 5 of the temporary stopping up of public rights of way plan |
| Footpath DE/206/29 | Between points Ix and Iy as shown on sheet 6 of the temporary stopping up of public rights of way plan |
| Footpath DE/201/12 | Between points Jx and Jy as shown on sheet 6 of the temporary stopping up of public rights of way plan |
| Footpath DE/206/40 | Between points Kx and Ky as shown on sheet 7 of the temporary stopping up of public rights of way plan |
| Footpath DE/201/4 | Between points Lx and Ly as shown on sheet 7 of the temporary stopping up of public rights of way plan |
| Footpath DE/201/7 | Between points Mx and My (sheet 8) and Nx and Ny (sheets 8 and 9) as shown on the temporary stopping up of public rights of way plan |
| Footpath DE/201/9 | Between points Ox and Oy as shown on sheet 9 of the temporary stopping up of public rights of way plan |
| Footpath DE/105/7 | Between points Px and Py as shown on sheet 10 of the temporary stopping up of public rights of way plan |
SCHEDULE 5 — Access to works
In the County of Denbighshire
| (1) Reference as shown on the street works and access plan | (2) Description of new access |
|---|---|
| AC-A | From the public highway Ferguson Avenue for access to temporary works during construction, and operational access as shown on sheet 2 of the street works and access plan |
| AC-B1 | Over and from the Rhyl Golf Club access to temporary works area during construction; no heavy goods vehicle access is to be taken over this access as shown on sheet 1 of the street works and access plan |
| AC-B2 | From the public highway Garford Road for access to temporary works during construction and operational access as shown on sheet 1 of the street works and access plan |
| AC-C1 | Over and from the existing Robin Hood Holiday Camp access to temporary works area during construction; no heavy goods vehicle access is to be taken over this access as shown on sheets 1 and 2 of the street works and access plan |
| AC-C2 | Over and from the existing Robin Hood Holiday Camp access to temporary works area during construction; no heavy goods vehicle access is to be taken over this access as shown on sheets 1 and 2 of the street works and access plan |
| AC-C3 | Over and from the existing Robin Hood Holiday Camp access to temporary works area during construction; no heavy goods vehicle access is to be taken over this access as shown on sheets 1 and 2 of the street works and access plan |
| AC-D | From the public highway B5119 Dyserth Road and the existing access track for access to temporary works during construction, and operational access as shown on sheet 3 of the street works and access plan |
| AC-E | From the public highway B5119 Dyserth Road to temporary works area to the north of that highway during construction as shown on sheet 3 of the street works and access plan |
| AC-F | From the public highway B5119 Dyserth Road to temporary works area to the south of that highway during construction as shown on sheet 3 of the street works and access plan |
| AC-G | From the public highway A547, eastern Rhuddlan bypass, for access to temporary works during construction and operational access as shown on sheet 5 of the street works and access plan |
| AC-H | From the public highway A525 to temporary works area during construction as shown on sheet 5 of the street works and access plan |
| AC-I | Over and from the existing access to the sewage treatment works at Tan-Yr-Eglwys Road for access to temporary works during construction and operational access as shown on sheet 6 of the street works and access plan |
| AC-J | From the public highway A547 Abergele Road to temporary works area during construction as shown on sheet 6 of the street works and access plan |
| AC-K | From the public highway A547 Abergele Road to temporary works area during construction as shown on sheets 6 and 7 of the street works and access plan |
| AC-L | From the public highway Bodelwyddan Road to temporary works area during construction as shown on sheet 7 of the street works and access plan |
| AC-M | From the public highway Bodelwyddan Road to temporary works area during construction as shown on sheet 7 of the street works and access plan |
| AC-N1 | From the public highway Nant-Y-Faenol Road to temporary works area during construction as shown on sheet 7 of the street works and access plan |
| AC-N2 | From the public highway Nant-Y-Faenol Road to temporary works area during construction as shown on sheet 7 of the street works and access plan |
| AC-O1 | Over and from the existing farm access from Junction 26 of the A55 public highway for access to temporary works during construction, and operational access as shown on sheets 8 and 9 of the street works and access plan |
| AC-O2 | Over and from the existing farm access from Junction 26 of the A55 public highway to temporary works area during construction as shown on sheets 8 and 9 of the street works and access plan |
| AC-P | Over and from the minor road to the north of St. Asaph Business Park as shown on sheet 9 of the street works and access plan |
| AC-Q1 | From the public highway B5381 Glascoed Road to temporary works area during construction as shown on sheets 9 and 10 of the street works and access plan |
| AC-Q2 | From the public highway B5381 Glascoed Road to temporary works area during construction as shown on sheets 9 and 10 of the street works and access plan |
| AC-R1 | From the minor road to the south of B5381 Glascoed Road to temporary works area during construction as shown on sheet 10 of the street works and access plan |
| AC-R2 | From the minor road to the south of B5381 Glascoed Road to temporary works area during construction as shown on sheet 10 of the street works and access plan |
| AC-S | From the public highway B5381 Glascoed Road, over and from the existing National Grid access, for access to temporary works during construction, and operational access as shown on sheet 10 of the street works and access plan |
SCHEDULE 6 — Land of which only temporary possession may be taken
In the County of Denbighshire:
| (1) Number of plot shown on land plans | (2) Purpose for which temporary possession may be taken | (3) Relevant part of authorised development |
|---|---|---|
| 2 | Temporary use as a construction working area, use for cable installation vessel anchoring and for access to facilitate construction of Work Nos. 2A, 3 and 4 | Work No. 3A |
| 3, 4, 5, 24, 27 | Temporary use as a construction working area, use for cable installation vessel anchoring and for access to facilitate construction of Work Nos. 2A, 3 and 4 | Work Nos. 3A and 6 |
| 37, 38, 39, 40, 43, 44, 45, 46 | Temporary use as a construction working area, use for cable installation vessel anchoring and for access to facilitate construction of Work Nos. 2A, 3, 4, 5 and 41 | Work Nos. 3A and 7 |
| 7, 9, 10, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 88 | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 2A, 3, 4, 5, 7 and 41 | Work No. 6 |
| 92, 93, 94, 95, 96, 98 | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 5 and 7 | Work No. 6 |
| 15 | Temporary use as a construction working area, use as a temporary construction compound and for access to facilitate construction of Work Nos. 2A, 3, 4, 5, 7 and 41 | Work Nos. 6 and 6A |
| 47, 49, 50, 52, 54, 57, 59, 60, 62, 64, 65, 67, 68, 69, 70, 71, 72, 73, 74 , 79, 80, 81, 84, 85, 86 | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 2A, 3, 4, 5, 7 and 41 | Work No. 7 and temporary mitigation area |
| 75 | Temporary use as a construction working area, use as a temporary construction compound and for access to facilitate construction of Work Nos. 2A, 3, 4, 5, 7 and 41 | Work Nos. 7 and 7A |
| 104, 107, 108, 109, 110, 111, 112, 113, 117, 121, 122, 123, 124, | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 5, 8, 8A, 9 and 41 | Work No. 8 |
| 119, 127, 130, 132, 133, 137, 138 | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 9, 11 and 41 | Work No. 10 |
| 120, 128 | Temporary use as a construction working area, use as a temporary construction compound and for access to facilitate construction of Work Nos. 9, 11 and 41 | Work No. 10A |
| 159, 161 | Temporary use as a construction working area and for access to facilitate construction of Work No. 11 | Work No. 12 |
| 170, 171, 172, 173, 176, 181, 182 | Temporary use as a construction working area and for access to facilitate construction of Work No. 11 and temporary mitigation area | Work No. 13 and temporary mitigation area |
| 195, 197, 205 | Temporary use as a construction working area, use as a temporary construction compound and for access to facilitate construction of Work Nos. 11, 15 and 41 and temporary mitigation area | Work Nos. 14, 14A and temporary mitigation area |
| 210, 211, 212, 215, 218, 219 | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 11, 15 and 41 and temporary mitigation area | Work No. 14 and temporary mitigation area |
| 221, 237 | Temporary use as a construction working area, use as a temporary construction compound and for access to facilitate construction of Work Nos. 11, 15 and 41 | Work Nos. 16 and 16A |
| 223, 224, 227, 228, 229, 230, 231, 232, 234 | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 11, 15 and 41 | Work No. 16 |
| 248, 249, 251, | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 15, 18 and 41 | Work No. 17 |
| 270, 271, 273, 274 | Temporary use as a construction working area for drainage during construction of Work No. 19 | Associated development (f) for Work No. 19 |
| 276, 277, 279, 282 | Temporary use as a construction working area, use as a temporary construction compound and for access to facilitate construction of Work Nos. 19, 21 and 41 | Work Nos. 20 and 20A |
| 283, 284, 289, 290 | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 19, 21 and 41 | Work No. 20 |
| 303 | Temporary use as a construction working area for drainage during construction of Work No. 21 | Associated development (f) for Work No. 21 |
| 307, 308, 313 | Temporary use as a construction working area, use as a temporary construction compound and for access to facilitate construction of Work Nos. 21, 23 and 41 | Work Nos. 22 and 22A |
| 310, 311, 312, 314, 315, 323, 324, 325, 326, 327, 328, 329 | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 21, 23 and 41 | Work No. 22 |
| 357 | Temporary use as a construction working area for drainage during construction of Work No. 23 | Associated development (f) for Work No. 23 |
| 330, 331, 332, 333, 334, 338, 339, 340, 341, 343, 345 | Temporary use to improve visibility splays and for access to facilitate construction of Work Nos. 23 and 41 | Work No. 24 |
| 348, 350, 351, 352 | Temporary use a construction working area and for access to facilitate construction of Work No. 23 | Work No. 25 |
| 369, 370, 375 | Temporary use as a construction working area, use as a temporary construction compound and for access to facilitate construction of Work Nos. 23 and 41, and temporary mitigation area | Work Nos. 26, 26A and temporary mitigation area |
| 404, 405, 406, 411, 414 | Temporary use as a construction working area and for access to facilitate construction of Work Nos. 23 and 41, and temporary mitigation area | Work No. 27 and temporary mitigation area |
| 424, 433, 434 | Temporary use as a construction working area, use as a temporary construction compound and for access to facilitate construction of Work Nos. 33, 34, 36 and 41, and temporary mitigation area | Work Nos. 37, 37A and temporary mitigation area |
| 441, 442, 443, 449, 450, 451, 452, 454, 455 | Temporary use to improve visibility splays and for access to facilitate construction of Work Nos. 36 and 41, and temporary mitigation area | Work No. 38 and temporary mitigation area |
| 463, 464 | Temporary use as a construction working area, use as a temporary construction compound, improvement of existing accesses and for access to facilitate construction of Work Nos. 36, 40 and 41, and temporary mitigation area | Work Nos. 39, 39A and temporary mitigation area |
| 474, 475. 476, 477, 493, 494, 495, 498, 499 | Temporary use as a construction working area, improvement of existing accesses and for access to facilitate construction of Work Nos. 36, 40 and 41, and temporary mitigation area | Work No. 39 and temporary mitigation area |
SCHEDULE 7 — Land in which only new rights etc. may be acquired
In the County of Denbighshire:
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