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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

Source legislation.gov.uk

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The undertaker must give written notice to Network Rail where any application is proposed to be made by the undertaker for the Secretary of State’s consent under article 6 (benefit of the order) and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

(a) the nature of the application to be made;

(b) the extent of the geographical area to which the application relates; and

78

The undertaker must, no later than 28 days from the date that the documents referred to in article 40 (certification of plans etc.) are certified by the Secretary of State, provide a set of those documents to Network Rail in an electronic format.

PART 7 — For the protection of Rhyl Flats Wind Farm Limited

Application

79

The provisions of this Part apply for the protection of the Company unless otherwise agreed in writing between the undertaker and the Company.

Interpretation

80

In this Part—

“apparatus” means the cables, anchors, moorings, vessels, stabilisation systems, structures or other infrastructure owned, occupied or maintained by the Company or its successor in title within the Rhyl Flats Lease Area;

“Company” means Rhyl Flats Wind Farm Limited (company number 05485961) whose registered office is at Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, SN5 6PB;

“construction” includes execution, placing and relaying, and “construct” and “constructed” must be construed accordingly;

“method statement” means a written statement setting out the methodology for implementation of the specified works including—construction methods and programmes;vessel handling and positioning systems;trenching/cable burial details;scour protection and mattress laying;securing access by the Company to apparatus throughout the duration of the specified works (subject to paragraph 84 of this Part);such further particulars available to it that the Company may reasonably require;

“plans” includes sections, drawings, calculations and details of the specified works including the extent, timing and duration of any proposed occupation of the Rhyl Flats Restriction Zone;

“Rhyl Flats Restriction Zone” means the 250m restriction zone around the perimeter of the Rhyl Flats Lease Area;

“Rhyl Flats Lease Area” means the land leased by the Crown Estate Commissioners to the Company for the operation of the Rhyl Flats Offshore Wind Farm;

“Rhyl Flats Offshore Wind Farm” means the offshore wind farm operated by the Company within the Rhyl Flats Lease Area;

“specified works” means works for the construction, maintenance or replacement of so much of Work No. 2 as is within 250 metres of the perimeter of the Rhyl Flats Lease Area, including survey works.

81

Where conditions are included in any consent granted by the Company pursuant to this Part, the undertaker must comply with the conditions if it chooses to implement or rely on the consent, unless the conditions are waived or varied in writing by the Company.

82

(1) The undertaker must not under the powers of this Order carry out any specified works without the consent of the Company, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions (including in relation to co-ordination of works between the undertaker and the Company) and if the Company does not respond within 56 days then consent is deemed to be given.

(2) Any application for consent pursuant to sub-paragraph (1) must be accompanied by—

(a) plans of the specified works;

(b) a method statement;

(3) Any approval of the Company required under this paragraph may be made subject to such reasonable conditions as may be required for the protection of any apparatus or for the alteration of any apparatus required as a direct consequence of the specified works or for securing access to any apparatus.

(4) Where the Company requires any protective works to be carried out either by themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to the Company’s reasonable satisfaction.

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any specified works, new plans or a revised method statement instead of the plans or method statement previously submitted, and the provisions of this paragraph shall apply to and in respect of the new plans or method statement.

(6) The specified works must be carried out in accordance with the consent given, or deemed to be given, in terms of sub-paragraph (1).

83

(1) The undertaker must give to the Company not less than 28 days’ written notice of its intention to commence the undertaking of the specified works and, not more than 14 days after completion of their implementation, must give the Company written notice of the completion.

(2) The undertaker is not required to comply with paragraph 82 or sub-paragraph (1) in a case of emergency, but in that case it must give to the Company notice as soon as is reasonably practicable and a plan, sections and description of those works as soon as reasonable practicable subsequently and must comply with paragraph 82 in so far as is reasonably practicable in the circumstances.

(3) The Company is entitled to have not more than two representatives present while any specified works are being carried out by the undertaker and the following provisions shall apply to such representatives—

(a) any representatives must be suitably qualified and must comply with the Marine Labour Convention (2006) standards, guidelines and regulations;

(b) the representatives may be located on any vessel carrying out specified works and must have full and free access at all times to all activities related to the specified works;

(c) the undertaker must afford the representatives its full cooperation in the execution of the representatives’ duties; and

(d) the representatives’ only function is to safeguard the interests of the Company and they shall have no duty to ensure or procure the doing of anything for the benefit of the undertaker or to prevent anything which may be to the detriment of the undertaker, provided however that the representatives must act in good faith at all times.

84

(1) The undertaker must not exercise the powers conferred by this Order to prevent or interfere with the access by the Company to any apparatus unless agreed with the Company and in accordance with any reasonable conditions which may be required by the Company or where required by law or for health and safety reasons.

(2) The undertaker must give to the Company not less than 28 days’ written notice of its intention to exercise powers which will prevent or interfere with the access by the Company to any apparatus.

85

To ensure its compliance with this Part, the undertaker must before carrying out any specified works and at the undertaker’s own cost, carry out all surveys reasonably necessary to confirm the actual position of apparatus unless otherwise agreed with the Company in writing, such agreement not to be unreasonably withheld or delayed. The Company shall provide on request any reasonable assistance required from the Company of the location of any apparatus.

86

The undertaker and the Company must each act in good faith and use reasonable endeavours to co-operate with, and provide assistance to, each other as may be required to give effect to the provisions of this Part.

Expenses

87

(1) Subject to the following provisions of this paragraph, the undertaker must pay to the Company on demand all reasonable charges, costs and expenses reasonably incurred by the Company direct consequence of the execution of any specified works including without limitation in respect of—

(a) the approval of plans and method statements;

(b) the carrying out of protective works (including any temporary protective works and their removal);

(c) the survey of any land, apparatus or works, the inspection and monitoring of any specified works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such specified works referred to in this Part of this Schedule; and

(d) any additional costs incurred in the decommissioning of Rhyl Flats Offshore Wind Farm as a result of the specified works.

Indemnity

88

(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the carrying out of any specified works authorised by this Part or in consequence of the construction, use, maintenance or failure of any of the authorised development within 250 metres of the perimeter of the Rhyl Flats Lease Area by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by it) in the course of carrying out any specified works (including without limitation specified works carried out by the undertaker under this Part), there is any subsidence resulting from any of these specified works, or any damage is caused to any apparatus or property of the Company, or as consequence of the specified works, there is any interruption or reduction in any electricity generated by the Company, or the Company becomes liable to pay any amount to any third party, the undertaker will—

(a) bear and pay on demand accompanied by an invoice or claim from the Company the cost reasonably and properly incurred by the Company in making good such damage or restoring the supply; and

(b) indemnify the Company for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs reasonably and properly incurred by or recovered from the Company, by reason or in consequence of any such damage or interruption or the Company becoming liable to any third party as aforesaid other than arising from any default by the Company,

provided that at all times the Company will be under an obligation to take reasonable steps to mitigate its loss.

(2) The fact that any act or thing may have been done by the Company on behalf of the undertaker or in accordance with a plan or method statement approved by the Company or in accordance with any requirement of the Company as a consequence of the carrying out of any specified works or under its supervision does not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this paragraph unless the Company fails to carry out and execute the works properly with due care and attention and in a skilful and workmanlike manner or in a manner that does not materially accord with the approved plan or as otherwise agreed between the undertaker and the Company.

(3) Nothing in sub-paragraph (1) will impose any liability on the undertaker in respect of—

(a) any damage or interruption to the extent that it is attributable to the neglect or default of the Company, its officers, employees, contractors or agents;

(b) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable.

(4) The Company must give the undertaker reasonable notice of any claim or demand and no settlement, admission of liability or compromise or demand, unless payment is required in connection with a statutory compensation scheme, is to be made without first consulting the undertaker and considering its representation.

(5) The Company must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.

Arbitration

89

Any dispute arising between the undertaker and the Company under this Part must be determined by arbitration under article 44 (arbitration).

PART 8 — For the protection of Conwy County Borough Council

90

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and Conwy County Borough Council.

91

In this Part—

“OPNMP” means Offshore Piling Noise Monitoring Plan, being the plan prepared by the undertaker in accordance with the Outline OPNMP and approved by Conwy County Borough Council under this Part.

“Conwy County Borough Council” means a local authority having its principal offices at Bodlondeb, Bangor Road, Conwy LL32 8DU, and any successor in function as local authority under Part 3 of the Environmental Protection Act 1990 for area of Conwy.

“Outline offshore piling noise monitoring plan” or “outline OPNMP” means the document certified as such by the Secretary of State under article 40 for the purposes of this Order.

92

(1) Prior to the commencement of any offshore piling as part of the authorised development the undertaker must submit to, and have approved in writing by Conwy County Borough Council, an OPNMP.

(2) The OPNMP submitted and approved under sub-paragraph (1) must be in accordance with the outline OPNMP.

93

(1) The undertaker may, at any time following approval of an OPNMP under paragraph 92, submit to Conwy County Borough Council for approval a revised OPNMP.

(2) Any revised OPNMP submitted and approved under sub-paragraph (1) must be in accordance with the outline OPNMP.

(3) Any revised OPNMP will not take effect unless and until approved in writing by Conwy County Borough Council.

(4) On the date upon which a revised OPNMP is approved under this paragraph, any other OPNMP previously approved will cease to have effect.

94

The authorised development must be carried out in accordance with the OPNMP approved under paragraph 92 or a revised OPNMP approved under paragraph 93.

95

The undertaker will give Conwy County Borough Council not less than 7 working days’ notice of the anticipated start date for offshore piling works forming part of the authorised development.

96

Nothing in any OPNMP may conflict with requirement 4 of Schedule 2 of this Order.

97

Any approval required under this Part must not be unreasonably withheld or delayed.

98

Any difference or dispute arising between the undertaker and Conwy County Borough Council under this Part must, unless otherwise agreed in writing between the undertaker and Conwy County Borough Council, be determined by arbitration in accordance with article 44 (arbitration).

PART 9 — For the protection of Wales and West Utilities

99

For the protection of Wales and West Utilities as referred to in this part of this Schedule the provisions of this Part have effect unless otherwise agreed in writing between the undertaker and Wales and West Utilities Limited.

100

In this Part—

“alternative apparatus” means alternative apparatus adequate to enable Wales and West Utilities to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means any mains, pipes or other apparatus belonging to or maintained by Wales and West Utilities for the purposes of gas supply; including any structure in which apparatus is or is to be lodged or which will give access to apparatus;

“authorised development” has the same meaning as in article 2 (interpretation) of this Order and (unless otherwise specified) for the purposes of this Schedule shall include associated development and the use and maintenance of the authorised development;

“functions” includes powers and duties;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;

“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

“security infrastructure” includes cameras, perimeter fencing, fencing and gates and any other security measures required in order to ensure an appropriate level of security in respect of the authorised development or any apparatus;

“specified work” means so much of any of the works comprised in the authorised development or activities undertaken in association with the authorised development which:are in, on or under any land purchased, leased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which is not required under paragraph 104 of this Schedule; and/orwill or may be situated within 4 metres measured in any direction of any security infrastructure belonging to or maintained by Wales and West Utilities;

“Wales and West Utilities” means Wales and West Utilities Limited (Company No. 05046791) whose registered office is at Wales & West House, Spooner Close Coedkernew, Newport, South Wales, NP10 8FZ.

On street apparatus and offshore works

101

This Part does not apply to—

(a) apparatus in respect of which the relations between the undertaker and Wales and West Utilities are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; and

(b) the offshore works.

Apparatus in streets subject to temporary restriction

102

Regardless of the temporary restriction of use of streets under the powers conferred by article 12 (temporary restriction of use of streets), Wales and West Utilities is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the restriction was in that street.

Acquisition of land

103

Regardless of any provision of this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement of Wales and West Utilities.

Removal of apparatus

104

(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that Wales and West Utilities’ apparatus is relocated or diverted, that apparatus must not be removed under this Part, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of Wales and West Utilities.

(2) If, for the purpose of executing any works in, on or under any land purchased, leased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give Wales and West Utilities at least 28 days’ written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed; and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Wales and West Utilities reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (4), afford to Wales and West Utilities the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, Wales and West Utilities must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part must be constructed in such manner and in such line or situation as may be agreed between Wales and West Utilities and the undertaker or in default of agreement settled by arbitration in accordance with article 44 (arbitration).

(5) Wales and West Utilities must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 44 (arbitration), and after the grant to Wales and West Utilities of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part.

Facilities and rights for alternative apparatus

105

(1) Where, in accordance with the provisions of this Part, the undertaker affords to Wales and West Utilities facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Wales and West Utilities or in default of agreement settled by arbitration in accordance with article 44 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Wales and West Utilities than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Wales and West Utilities as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

106

(1) Not less than 42 days before starting the execution of any specified works in, on or under any land purchased, held, leased, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 104(2), the undertaker must submit to Wales and West Utilities a plan, section and description of the works to be executed.

(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by Wales and West Utilities for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Wales and West Utilities is entitled to watch and inspect the execution of those works.

(3) Any requirements made by Wales and West Utilities under sub-paragraph (2) must be made within a period of 42 days beginning with the date on which a plan, section and description under sub-paragraph (1) is submitted to it.

(4) If Wales and West Utilities, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, the provisions of this Part apply as if the removal of the apparatus had been required by the undertaker under paragraph 104(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to Wales and West Utilities notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

Expenses and costs

107

(1) Subject to the following provisions of this paragraph, the undertaker must repay to Wales and West Utilities the reasonable expenses reasonably incurred by Wales and West Utilities in, or in connection with, the inspection, removal, alteration or protection of any apparatus or security infrastructure or the construction of any new apparatus or security infrastructure which may be required in consequence of the execution of any such works as are referred to in paragraph 104(2) or any specified work.

(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule and provided that the change is not required by industry standard guidance or legislation—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 44 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Wales and West Utilities by virtue of sub-paragraph (1) will be reduced by the amount of that excess.

108

(1) Subject to sub-paragraph (2) and (3) if by reason or in consequence of the construction of any such works referred to in paragraph 104(2) or any specified work any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Wales and West Utilities, or there is any interruption in any service provided, or in the supply of any goods, by Wales and West Utilities, the undertaker must—

(a) bear and pay the cost reasonably incurred by Wales and West Utilities in making good such damage or restoring the supply; and

(b) make reasonable compensation to Wales and West Utilities for any other expenses, loss, damages, penalty or costs incurred by Wales and West Utilities,

by reason or in consequence of any such damage or interruption.

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

(3) Wales and West Utilities must give the undertaker reasonable notice of any claim or demand and no settlement, admission of liability or compromise or demand must be made, unless payment is required in connection with a statutory compensation scheme, without first consulting the undertaker and considering its representations.

Enactments and agreements

109

Nothing in this Part affects the provisions of any enactment or agreement regulating the relations between the undertaker and Wales and West Utilities in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 10 — For the protection of Welsh Ministers as Strategic Highway Authority

Application

110

The provisions of this Part have effect for the protection of the Welsh Ministers (“the WM”) as the Highway Authority for the A55, in addition to all other applicable statutory protections, unless otherwise agreed in writing between the undertaker and the WM.

Interpretation

111

In this Part—

“strategic highway” means any part of the highway network including trunk roads or special roads which the WM are responsible for;

“NMWTRA” means the North and Mid Wales Trunk Road Agency, who act as the highway agents of the WM and exercise functions relating to the management and operation of the relevant part of the strategic highway on behalf of the WM pursuant to an agreement between the WM and Gwynedd Council under section 6 of the Highways Act 1980. In practice therefore, the procedural matters contained in this Part will be dealt with by NMWTRA on behalf of the WM; and

“works” means—that part of Work No. 23 which requires the trenchless installation of the cable under the A55 highway; orany other work forming part of the authorised development within or which affects or requires occupation of the strategic highway.

Approvals

112

The crossing of the A55 and its associated assets must only be carried out by trenchless techniques.

113

(1) Prior to the commencement of the works the undertaker must obtain the written approval of the WM to such works.

(2) When requesting approval under sub-paragraph (1), the undertaker must submit to the WM:

(a) Copy of location plan to a scale not less than 1/10,000 showing the location and/or proposed route and siting of the works;

(b) Details of the methodology of the works;

(d) Details of any traffic management measures (including signage) proposed in connection with the works; and

(e) Where approval is sought for works to or within the carriageway of a strategic highway, evidence of NHSS (National Highways Sector Scheme) certification and Street Works Qualifications.

114

No crossing is to take place until a monitoring regime and the Geotechnical Design Report (GDR as defined by the DMRB CD622 Managing Geotechnical Risk) is agreed and certified by the WM.

115

Approval under this Part may be sought in one or more applications.

116

Any approval of the WM under this Part may be given subject to such reasonable requirements or conditions as the WM may determine.

117

The undertaker must contact any owners or operators of apparatus in, on, over, under or near the strategic highway including other statutory undertakers to ascertain whether their existing or proposed apparatus to within or under the strategic highway is likely to be affected by the works. The undertaker must comply with the requirements and conditions imposed by the owners or operators relating to the protection of existing apparatus in, on, over, under or near the strategic highway likely to be affected by the works.

118

The undertaker must pay a fee of £250 to the WM with any application for approval under this Part.

Indemnity

119

The undertaker indemnifies the WM against any and all claims in respect of injury, damage or loss arising out of—

(a) the placing or presence in the strategic highway of apparatus as part of the works; or

(b) the excavation by any person of any works within the strategic highway.

120

The undertaker (or any person carrying out works on its behalf) must have and maintain in force for the duration of any works to or within the strategic highway network, public liability/third party insurance to the sum of £10 million covering its liability under paragraph 119. The undertaker must provide evidence of such insurance to the WM if requested.

Traffic management

121

The undertaker must contact the NMWTRA, the WM RA Control Room, North Wales Traffic Management Centre, Ffordd Sam Parri, Morfa, Conwy, LL32 8HH – Telephone number 01492 564790 before erecting or removal of traffic management measures on the strategic highway on each occasion that erection or removal is required.

122

The undertaker must execute the works in strict accordance with the requirements contained in Chapter 8 of the Traffic Signs Manual (2009) as published by Her Majesty’s Stationery Office HMSO and any amendments thereof.

Inspections

123

The WM or any person authorised by them for this purpose is entitled to inspect any works to, within or under the strategic highway while such works are being carried out and following completion of such works.

124

Exercise of the right to inspect under paragraph 123 must be carried out reasonably, in compliance with any requirements of any health and safety requirements in place within the site of any works, and in accordance with the instructions of the undertaker.

125

If required by the WM, the undertaker must provide link boxes (on land outside the limits of the highway) for the purpose of inspecting and maintaining the apparatus under the highway.

126

(1) The undertaker must compensate the WM in respect of any loss, damage, charge, cost or expense suffered or incurred by the WM as a result of the execution, use or maintenance of the works.

(2) Nothing sub-paragraph (1) imposes any liability on the undertaker with respect of any damage to the extent that it is attributable to the act, neglect or default of WM, its officers, employees, contractors or agents.

Reinstatement

127

Any reinstatement of the strategic highway required in connection with or as a consequence of the works must be carried out in strict conformity with the Code of Practice “Specification for the Reinstatement of Openings in Highways”.

128

(1) Where, in the reasonable opinion of the WM, any reinstatement carried out by the undertaker is defective, three defect inspections will be carried out comprising:

(a) A joint inspection by the WM and the undertaker to determine the nature of the failure and what remedial works need to be carried out;

(b) Inspection by or on behalf of the WM of remedial works in progress; and

(2) The undertaker must pay an inspection fee of £47.50 for each inspection carried out under this paragraph.

129

Any and all costs associated with the reinstatement work will be met by the undertaker.

Notice of completion of Works

130

The undertaker must notify the WM of the completion of works approved by the WM under this Part within 10 working days of such completion.

131

The undertaker must supply the WM with as built records of any apparatus sited within or under the strategic highway within 10 working days of the completion of works, including, in particular, the location and depth of any electrical cables on a plan to a scale of 1/500 with a longitudinal and vertical accuracy of + or - 100mm.

132

The undertaker must submit a Geotechnical Feedback Report (GFR as defined in the DMRB CD622 Managing Geotechnical Risk) including all monitoring results and as built drawings to the WM no later than six months from the date of completion.

133

After the apparatus has been placed, the undertaker must not carry out any further works or maintenance to the apparatus or works or any other works involving excavation within the boundaries of the strategic highway without the prior written approval of the WM, and any such works must be carried out and completed to the satisfaction of WM.

Arbitration

134

Any difference or dispute arising between the undertaker and the WM under this Part must, unless otherwise agreed in writing between the undertaker and the WM, be determined by arbitration in accordance with article 44 (arbitration).

Notices

135

The plans submitted to the WM by the undertaker pursuant to this Part must be submitted to North & Mid Wales Trunk Road Agent, Unit 5 Llys Britannia, Parc Menai, Bangor, Gwynedd, LL57 4BN and streetworks@nmwtra.org.uk or such other address as the WM may from time to time appoint instead for that purpose and notify to the undertaker in writing.

Cease of Use or Abandonment

136

If the undertaker proposes to cease using or abandon the apparatus prior to the decommissioning of the onshore works or to part with his interest in the apparatus, the undertaker must give the WM at least 6 weeks’ notice before doing so.

137

If the apparatus is abandoned or the consent is surrendered prior to the decommissioning of the onshore works, the WM may remove the apparatus or alter it in such a manner as they think fit and reinstate the street and may recover from the undertaker the expenses incurred in so doing, except that if the WM is satisfied that the undertaker can within such reasonable time as the WM specify, remove the apparatus or alter it in such manner as the WM require and reinstate the street, the WM may authorise the undertaker to do so at his own expense.

138

If the undertaker proposes to part with his interest in the apparatus, he must before doing so, give notice to the WM stating to whom the benefit of the consent is to be transferred. The consent must be registered against the street in which the apparatus is installed so that the consent and responsibility transfers to the new owner(s) of the apparatus.

Maintenance

139

The undertaker must maintain the apparatus in a good state of repair and condition. The undertaker must if required place and maintain within the limits of the said highway suitable permanent signs of a type and in positions to be approved by the WM for the purpose of indicating as nearly as possible the exact position under the highway in which the said apparatus is laid.

PART 11 — For the protection of North Hoyle Wind Farm Limited

Application

140

The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and North Hoyle Wind Farm Limited.

Interpretation

141

In this part—

“Company” means North Hoyle Wind Farm Limited (company number 02904841) whose registered address is at 5th Floor, 20 Fenchurch Street. London, England, EC3M 3BY;

“Company cables” means the export cables leading from North Hoyle wind farm to their onshore grid connection;

“crossing points” means the points at which the Company cables and the undertaker cables cross each other;

“force majeure event” means any cause beyond the reasonable control of the undertaker, and which the undertaker by the exercise of reasonable diligence is unable to prevent, avoid or remove, and in relation to which the undertaker has exercised and is exercising the standard of a reasonable and prudent operator provided that a lack of funds does not constitute a force majeure event;

“method statement” means such designs, details and procedures for performance of the specified work as are sufficient to enable the Company (acting reasonably) to satisfy itself as to the safety and security of the Company cables and the technical adequacy of the specified work, such designs, details and procedures must as a minimum include—construction methods and programmes;vessel handling and positioning systems;stabilisation details;details of the vertical and horizontal separation between the Company cables and the undertaker cables;details of the proposed protection measures for the Company cables and provision of such protective works (whether temporary or permanent) as the Company may reasonably require for the safety and operation of the Company cables;the proposed timetable for the work;location, layout and profile of the crossing of the Company cables by the undertaker cables;specification of the installation equipment;inspection and safety methods; andtrenching/cable burial details;

“North Hoyle wind farm” means the offshore wind farm operated by the Company to the north east of Work No. 2, the location of which is shown on Sheet No. 2 of the works plans;

“specified work” means works for the construction of so much of Work No. 2 as is within 250 metres of the Company cables or any operation required to re-lay, maintain, renew or remove the undertaker cables within 250 metres of the Company cables if such work becomes necessary for any reason, including survey works (other than survey works that do not involve physical interaction with the seabed);

“standard of a reasonable and prudent operator” means seeking in good faith to perform its contractual obligations, and in so doing and in the general conduct of its undertaking, exercising that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances and complying with applicable law; and

“undertaker cables” means the subsea cable circuits to be installed by the undertaker as part of Work No. 2.

Requirement for approval of method statement and surveys

142

The undertaker must at least 3 months before commencing construction of any specified work supply to the Company a method statement for the reasonable approval of the Company and the specified work must not be commenced or undertaken except in accordance with such method statement as has been approved in writing by the Company, such approval not to be unreasonably withheld or delayed, settled by arbitration under article 44 (arbitration) or as may be agreed to be varied from time to time, such agreement not to be unreasonably withheld or delayed.

143

If by the expiry of 28 days, beginning on the date on which the method statement was supplied to the Company under paragraph 142, the Company has not communicated approval or disapproval, the Company is deemed to have approved the method statement as supplied.

144

The undertaker must, at its own cost, carry out all surveys reasonably necessary to confirm the actual position of the Company cables prior to the commencement of any specified work unless otherwise agreed with the Company in writing, such agreement not to be unreasonably withheld or delayed provided that—

(a) The Company must provide on request, any reasonable assistance in locating the Company cables which must include provision of any as-laid/post-installation survey data relating to the Company cables in the possession and/or control of the Company; and

(b) If, following the provision of such reasonable assistance, the position of the Company cables has not been identified by the undertaker, the Company and the undertaker must discuss and use all reasonable endeavours to agree upon a suitable method for carrying out the specified work.

145

In granting its approval (or deemed approval) of the method statement the Company is not under any duty to ensure the accuracy, correctness or completeness of the method statement. Approval (or deemed approval) of the method statement by the Company does not release the undertaker from any obligation or liability and is not as between the undertaker and the Company capable of amounting to negligence or contributory negligence on the part of the Company in the event of any claim or proceedings arising out of or in connection with the specified work unless the loss, damage or expense giving rise to such claim or proceeding is caused by the neglect or default of the Company, its officers, employees, contractors or agents.

146

The undertaker must use all reasonable endeavours to ensure the route of the undertaker cables is designed to cross the Company cables at a horizontal angle which is as close as possible to a right angle as is practicable having due regard to other route requirements.

Requirement for notification of start of works

147

(1) The undertaker must give the Company no less than 15 working days’ written notice of its intention to carry out any specified work providing—

(a) the nature of the specified work; and

(b) the anticipated dates of commencement and completion of the specified work.

(2) In the event of the specified work not being commenced within 15 working days of the anticipated date of commencement as notified by the undertaker pursuant to sub-paragraph (1) the undertaker must re-notify the information referred to in sub-paragraph (1).

Carrying out of works

148

The undertaker must allow the Company all access to the Company cables as may be reasonably required by the Company for the purposes of maintenance when carrying out any specified work.

149

The undertaker must ensure that the specified work are carried out with all reasonable skill and care, in accordance with all relevant statutory obligations and in accordance with the method statement for the specified works approved in accordance with paragraph 142 or deemed approved under paragraph 143 or such alternative designs, details and procedures which the undertaker may propose and the Company may accept from time to time at its sole discretion.

150

Any contractor and/or subcontractor used by the undertaker for the purpose of the specified work must be suitably qualified and experienced in carrying out the type of work for which it is engaged. The undertaker must take and procure that its contractors and/or subcontractors take all such measures as ought reasonably to be taken in accordance with the standard of a reasonable and prudent operator to avoid the risk of damage to the Company cables.

151

Either during the installation or as soon as practicable after the installation of the undertaker cables, the crossing points must be inspected by the undertaker or on its behalf, at the undertaker’s expense, by means of a remotely operated vehicle or by divers or such other method reasonably agreed by the Company, to ascertain that the undertaker cables and the Company cables have the agreed vertical separation distance at the crossing points in accordance with the method statement approved in accordance with paragraph 142 or deemed approved under paragraph 143. In the event that the undertaker cables and the Company cables have not been adequately vertically separated then the undertaker shall consult with the Company to determine the most appropriate course of action and the undertaker shall, at its own expense then rectify the situation to provide such vertical separation. In the event that the undertaker cables and the Company cables have been adequately vertically separated then the undertaker must consult with the Company to determine the most appropriate course of action and the undertaker must, at its own expense then rectify the situation to provide such vertical separation.

152

The undertaker must provide the Company with the actual as-laid route of the undertaker cables in the vicinity of the Company cables by—

(a) provision of co-ordinates of the crossing points within 48 hours after completion of installation of the undertaker cables within a 250 metre radius from the crossing points; and

(b) provision of charted information of the crossing points as soon as practicable after the completion of the installation of the undertaker cables.

153

The undertaker must ensure that the risk of dropped object, anchoring, grounding, vessel drift-off, impact from jack-up legs etc. is to be adequately assessed and precautions taken to minimise such risks as far as reasonably possible.

Future specified work

154

Following the installation of the undertaker cables, the undertaker must use all reasonable endeavours to consult the Company in good faith regarding any future specified work which may be required to the undertaker cables. The undertaker and Company must work together to accommodate any such future specified work if this is required and must use all reasonable endeavours to agree the timings and methods for any future specified work to be undertaken, such agreement not to be unreasonably withheld or delayed by the Company.

155

Notwithstanding the provisions of paragraph 154, if any future specified work is required which is of an urgent or emergency nature, the Company and the undertaker must use all reasonable endeavours to undertake such work in an expeditious manner and must work together in good faith to enable such future specified work to be undertaken as required and the undertaker must give the Company as much written notice as is reasonably possible in light of the emergency or urgency before undertaking such future specified work (including all relevant details of the proposed future specified work).

156

Subject to paragraphs 154 and 155, where the undertaker requires to carry out any future specified work then the undertaker must—

(a) provide the Company with not less than 1 calendar month notification of its intention to carry out any such future specified work;

(b) provide the Company with all such reasonable information concerning the future specified work and the procedures for the conduct of the future specified work as the Company may reasonably require and the provisions of paragraphs 142 to 153 shall apply to any such future specified work mutatis mutandis except that—

(i) the time period for providing a method statement under paragraph 142 must be 1 calendar month prior to the commencement of (ii)-the future specified work;

(ii) the time period for approving a method statement under paragraph 143 must be 15 working days;

(iii) the time period for advising the anticipated dates of commencement and completion of the future specified work under paragraph 147 must be 10 working days.

Works on Company cables

157

(1) Subject to sub-paragraphs (2) and (3), the Company is entitled, at the Company’s expense, to carry out any operation required to re-lay, maintain, renew or remove the Company cables within 250 metres of the undertaker cables if such work becomes necessary for any reason.

(2) When the Company proposes to undertake work under sub-paragraph (1) they must follow the procedure set out in paragraphs 154 to 156 which applies with the following modifications to the relevant paragraphs and defined terms—

(a) the references to the “the undertaker” must be read as references to “the Company”;

(b) the references to “the Company” must be read as references to “the undertaker”; and

(3) When the Company undertakes works under sub-paragraph (1) they are subject to paragraphs 158 to 167 which apply with the following modifications to the relevant paragraphs and defined terms—

(a) the references to the “undertaker” must be read as references to “the Company”;

(b) the references to “the Company” must be read as references to “the undertaker”;

(d) the references to “Company cables” must be read as references to “undertaker cables”; and

(e) the references to “specified work” must be read as “work permitted under paragraph 157”.

Restrictions on anchors and moorings

158

The undertaker must not deploy anchors or other ground mooring equipment within 250 metres of the Company cables unless in accordance with DNV Standards or otherwise except on obtaining, for those anchors or ground mooring equipment, written agreement of the Company (or the written agreement of representative of the Company supervising the work in terms of paragraph 164).

Indemnity and liabilities

159

(1) Subject to sub-paragraphs (2), (3) and (4), if by reason or in consequence of the carrying out of any specified work any damage is caused to any apparatus or property of the Company or there is any interruption or reduction in any electricity supply by the Company or the Company becomes liable to pay any amount to any third party, the undertaker must—

(a) bear and pay on demand accompanied by an invoice or claim from the Company the cost reasonably and properly incurred by the Company in making good such damage or restoring the supply;

(b) indemnify the Company for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs reasonably and properly incurred by or recovered from the Company by reason or in consequence of any such damage, interruption or reduction or the Company becoming liable to any third party as aforesaid other than arising from any default by the Company; and

(c) indemnify the Company for any and all claims, proceedings, damages (whether in contract or tort), costs (including reasonable legal costs), demands, liabilities, or expenses incurred by the Company which arises out of or in connection with any pollution caused by or which arises out of any specified work carried out by or on behalf of the undertaker,

provided that at all times the Company will be under an obligation to take reasonable steps to mitigate its loss.

(2) The fact that any act or thing may have been done by the Company on behalf of the undertaker or in accordance with a plan or method statement approved by the Company or in accordance with any requirement of the Company or as a consequence of carrying out any of the specified work under its supervision does not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this paragraph where the undertaker fails to carry out and execute the specified work properly with due care and attention and in a skilful and workmanlike manner or in a manner that does not materially accord with the approved method statement (or as otherwise agreed between the undertaker and the Company).

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—

(a) any damage or interruption to the extent that it is attributable to the neglect or default of the Company, its officers, employees, contractors or agents;

(b) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable.

(4) The Company must give the undertaker reasonable notice of any claim or demand and no settlement, admission of liability or compromise or demand, unless payment is required in connection with a statutory compensation scheme, is to be made without first consulting the undertaker and considering its representation.

160

The undertaker is responsible for the recovery or removal and when appropriate the marking or lighting of any wreck or debris arising from or relating to or in connection with carrying out any part of the specified work when required by—

(a) any applicable law or governmental authority;

(b) any applicable consent or third party agreement that the Company is subject and/or a party to; or

and must be liable for, and must indemnify and hold harmless the Company, from and against any and all claims, proceedings, damages (whether in contract or tort), costs (including reasonable legal costs), demands, liabilities, or expenses incurred by the Company which arises out of or in connection with any such wreck or debris, whether or not the negligence or breach of duty (whether statutory or otherwise) of the Company contributed to such wreck or debris.

161

(1) In the event of the undertaker being liable for damage to the Company cables, the Company may at its discretion either—

(a) require the undertaker to repair the damage; or

(b) carry out the repair work itself.

(2) Should the Company elect to carry out the repair work itself, the Company must use all reasonable endeavours to minimise costs and must take all reasonable action to repair the Company cables as soon as practicable. The repairs must be effected with due regard to the technical requirements of the Company cables and nothing in this paragraph must oblige the Company to accept a standard of repair that would adversely affect the technical performance of the affected cable.

162

In the event of the undertaker being liable for damage to the Company cables, the Company must use all reasonable endeavours to notify the undertaker of the existence of the damage to the Company cables as soon as practicable after the existence of such damage is known.

163

The undertaker must use reasonable endeavours to procure that any policies of insurance of the undertaker must contain waiver of subrogation rights which reflect the provisions of this Part.

164

The Company is entitled to have not more than 2 representatives present while any specified work is being carried out by the undertaker whose role must be as follows—

(a) any cost and logistics associated with onboarding and the services of the Company representatives shall be covered by the undertaker;

(b) any representatives must be suitably qualified and experienced and must comply with the Maritime Labour Convention 2006 Regulations;

(c) the Representatives may be located on any vessel carrying out the specified work and must have full and free access at all times to all activities related to the specified work;

(d) the undertaker must afford the representatives its full cooperation in the execution of the representative’s duties under this paragraph; and

(e) the representatives only function is to safeguard the interests of the Company and he/she/they have no duty to ensure or procure the doing of anything for the benefit of undertaker or to prevent anything which may be to the detriment of the undertaker respectively, provided however that the representatives must act in good faith at all times.

Representatives

165

The undertaker must arrange insurance as follows—

(a) the undertaker must at all times when carrying out specified work, insure at its own cost for its liability under paragraphs 159 and 160 for the sum of twenty million euros (€20,000,000) for any one incident (or series of connected incidents) and forty million euros (€40,000,000) in total for any incident or series of incidents, related or unrelated, in any 12 month period;

(b) all such policies of insurance must be placed with are placed with an insurance office approved to do business in Germany or the United Kingdom; and

(c) the undertaker must provide the Company with evidence of that such insurance is in place (via a brokers’ confirmation or similar) as may be reasonably requested by the Company from time to time.

Insurance

166

The undertaker must not be responsible for any failure to fulfil any paragraph of this Part if and to the extent that fulfilment has been delayed or temporarily prevented by a force majeure event which has been notified in accordance with the following provisions—

(a) in the event of a force majeure event, the undertaker must notify the Company as soon as practicable and in any event not later than 10 working days after the undertaker became aware of the event or circumstance giving the full particulars thereof and must use all reasonable endeavours to remedy the situation without delay;

(b) following notification of a force majeure event in accordance with sub-paragraph (a), the undertaker and the Company must meet without delay (and thereafter at regular intervals) to discuss the effect of the force majeure event with a view to agreeing a mutually acceptable course of action to minimise any effects of such occurrence;

(c) the undertaker must at all times use all reasonable endeavours to avoid, overcome and minimise any delay in the performance of this Part as a result of any force majeure event; and

(d) if the undertaker is affected by force majeure event whilst any of its vessels or equipment are engaged in the performance of a specified work it must ensure that all reasonable steps are taken to ensure the protection of the Company cables from damage and must immediately notify the Company of any such steps taken.

(e) The undertaker must give notice to the Company when it ceases to be affected by the force majeure event and must as soon as reasonably possible after the cessation of the force majeure event resume performance of its obligations under this Part.

Force majeure

167

The undertaker must pay the Company on demand all reasonable charges, costs and expenses incurred by the Company in direct consequence of any specified work carried out by the undertaker under this Part including without limitation—

(a) the approval of method statements;

(b) the carrying out of protective works (including any temporary protective works and their removal;

(c) the supervision or monitoring of any specified work by the undertaker including the cost of appointing representatives in terms of paragraph 164; and

(d) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any specified work.

Costs and expenses

168

Any dispute arising between the undertaker and the Company under this Part must be determined by arbitration under article 44 (arbitration).

Arbitration

169

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10 — Removal of hedgerows

PART 1 — Removal of hedgerows

In the County of Denbighshire:

(1) Grid coordinates	(1) Grid coordinates	(2) Identifier as shown on the hedgerow and protected tree plan	(3) Grid coordinates	(3) Grid coordinates	(4) Identifier as shown on the hedgerow and protected tree plan
Easting	Northing		Easting	Northing
303694.0846	381911.9131	1a	303697.8586	381905.0715	1b
303747.2684	381877.2178	2a	303771.0719	381834.9262	2b
303731.6670	381509.4788	7a	303750.5039	381516.2848	7b
303522.8675	381300.6002	8a	303522.5569	381297.6998	8b
303523.3617	381298.6499	9a	303534.0117	381294.3764	9b
303490.1055	381310.6278	10a	303710.5880	381216.4533	10b
303807.8720	381203.4258	11c	303882.3816	381228.3244	11d
303895.3744	381226.2307	12a	303914.1387	381239.6365	12b
303426.7464	381308.5989	13a	303522.0693	381280.0256	13b
303531.6935	381283.1523	14a	303585.1852	381261.1725	14b
303588.5101	381260.2889	15a	303622.4724	381234.2211	15b
303522.7895	381274.1257	17a	303490.8352	381005.0604	17b
303531.0665	381272.8927	18a	303530.4510	381262.7995	18b
303519.7901	381144.0378	18c	303601.0972	381005.4255	18d
303566.2179	380965.3189	19a	303572.7694	380950.3519	19b
303574.4044	380948.2526	20a	303579.0346	380939.0641	20b
303688.1983	380564.9667	26a	303687.3823	380561.3249	26b
303869.7446	380292.9473	27a	303869.7690	380291.0761	27b
303253.0806	380056.8164	31a	303128.8170	379887.5737	31b
303153.2825	379910.0630	32a	303154.0471	379909.0274	32b
302993.3678	379759.8728	35a	302990.4299	379757.0127	35b
302820.6141	379933.5783	36a	302833.1582	379917.8984	36b
302846.4346	379899.6087	36c	302885.2082	379849.5469	36d
302648.4295	379819.0703	37a	302657.5400	379808.7100	37b
302660.2373	379805.4784	38a	302661.9802	379803.0489	38b
302675.6556	379762.0005	39a	302660.6878	379748.5218	39b
302625.2987	379205.6274	44a	302576.8766	379171.5079	44b
302458.0905	379296.3590	45a	302449.1863	379210.3617	45b
302299.0484	379049.9845	46a	302294.7828	379048.6532	46b
302291.7395	379047.6196	47a	302226.5132	379025.8103	47b
302223.9130	379024.7028	48a	302215.3100	379021.4800	48b
302209.5755	379018.1102	49a	302184.1972	379008.1654	49b
302179.5677	379006.0837	50a	302156.1181	378995.4916	50b
302126.3739	378983.1435	51a	302114.1056	378977.2881	51b
302119.3719	378967.4303	52a	302142.9106	378930.2708	52b
301893.0644	379192.4210	53a	301892.6839	379192.3103	53b
301877.1511	378770.4162	54a	301865.4827	378799.7144	54b
301600.4199	378757.4880	55a	301625.2856	378688.9217	55b
301059.8581	378019.0146	56a	301100.9220	377978.0528	56b
301113.6865	377975.7772	57a	301108.3404	377968.4173	57b
300926.1923	377821.3486	58a	300935.9832	377823.0802	58b
301040.8880	377844.2614	58c	301139.9519	377864.2193	58d
301178.2275	377772.9145	59a	301178.6556	377771.7190	59b
300942.8072	377718.6145	60a	301185.3991	377735.0844	60b
301135.6033	377716.5162	61a	301189.6392	377720.6219	61b
301398.1778	376945.6660	65a	301435.9200	376957.9363	65b
301439.6227	376959.1581	66a	301440.9751	376959.6109	66b
301340.5943	376933.0417	67a	301348.8754	376921.6067	67b
301483.6992	376927.2571	68a	301535.3155	376841.8586	68b
301543.2426	376952.1042	69a	301548.6748	376949.4996	69b
301411.4758	376798.4324	70a	301503.3601	376775.9686	70b
301251.2137	376687.3857	71a	301283.5989	376688.6272	71b
301351.6593	376721.5214	72a	301424.3480	376748.7635	72b
301417.1268	376726.5421	73a	301540.1800	376763.2900	73b
301597.8254	376784.5428	74a	301636.3689	376793.9926	74b
301329.9663	376605.4732	75a	301331.5838	376604.1338	75b
301380.0707	376571.3384	76a	301382.1983	376521.8701	76b
301385.6072	376577.4382	77a	301461.6221	376517.6106	77b
301386.2694	376507.8689	78a	301386.9338	376507.5883	78b
301399.6270	376499.4751	78c	301481.3858	376507.4326	78d
301321.1867	376207.2021	79a	301396.8043	376181.5731	79b
301360.7880	376071.1064	80a	301371.3661	376077.7757	80b
301376.4548	376079.6882	81a	301392.6899	376097.2130	81b
301552.7887	375768.6846	83a	301552.6985	375768.2212	83b
301505.8091	375661.6403	84a	301501.7356	375658.0956	84b
301550.8368	375454.9917	85a	301469.4976	375232.5125	85b
301295.5593	375356.8871	86a	301284.0562	375332.7066	86b
301291.9100	375331.2750	87a	301290.3919	375329.6637	87b
301522.1303	375141.2921	90a	301535.5542	375134.5978	90b
301538.8138	375132.6620	90c	301581.8807	375109.5212	90d
301441.4785	375160.9135	91a	301439.8971	375156.1940	91b
301336.5148	375073.2827	92a	301395.8226	375052.4328	92b
301429.8438	375040.3316	93a	301449.1740	375033.3333	93b
301335.7864	375063.5880	94a	301404.0815	375037.0075	94b
301331.2717	375003.5100	95a	301380.2115	374975.2830	95b
301330.5357	374993.7159	96a	301335.3257	374907.8518	96b
301324.3604	374881.7947	96c	301309.3147	374846.0413	96d
301362.2150	374954.4850	97a	301336.1819	374890.4259	97b
301333.1390	374882.8614	97c	301319.4721	374848.8857	97d
301310.4525	374774.2800	98a	301345.6859	374760.2155	98b
300885.5889	374785.5968	102a	300882.4936	374779.8038	102b
301068.0694	374773.3361	103a	301062.1915	374762.1000	103b
301061.0294	374759.8826	104a	301159.0155	374581.8607	104b
300617.5293	373912.2865	116a	300963.1597	373902.2300	116b
300704.5240	373901.8825	118a	300932.5488	373902.9225	118b
300878.1356	373911.5740	119a	300877.5953	373904.0986	119b
300939.9891	373898.0797	120a	300936.5500	373892.4050	120b
300975.0237	373891.9681	121a	301016.1933	373893.4556	121b
300976.9452	373891.6503	122a	300976.4263	373890.6580	122b
300894.6329	373528.5806	125a	300941.1543	373595.0381	125b
300944.6884	373598.7511	126a	300956.6017	373613.1682	126b
300962.2269	373620.1269	127a	300968.5937	373627.3246	127b
300955.9716	373637.9709	128a	300966.0851	373631.6772	128b
300991.1423	373476.2105	129a	301039.8634	373597.6916	129b
301046.4372	373596.3921	129c	301066.9583	373578.6478	129d
301082.6046	373563.8666	129e	301118.4151	373574.5454	129f
301158.2941	373641.0066	129g	301182.9117	373649.3082	129h
301213.8582	373651.0086	130a	301213.6000	373649.0000	130b
301680.6502	373632.7532	139a	301679.3321	373628.3198	139b
301678.0035	373624.3178	140a	301669.6626	373608.3788	140b
301680.4300	373523.6900	141a	301611.9363	373499.1482	141b
301608.0072	373492.9993	142a	301551.4680	373421.5144	142b
301574.9383	373423.9092	143a	301593.2298	373392.7753	143b
301992.6462	373912.9277	144a	302091.2795	373907.0990	144b

PART 2 — Removal of important hedgerows

In the county of Denbighshire

(1) Grid coordinates	(1) Grid coordinates	(2) Identifier as shown on the hedgerow and protected tree plan	(3) Grid coordinates	(3) Grid coordinates	(4) Identifier as shown on the hedgerow and protected tree plans
Easting	Northing		Easting	Northing
303602.6946	381758.4708	3a	303642.8454	381771.5142	3b
303747.1908	381733.2103	3c	303748.8867	381733.0910	3d
303599.6223	381695.4207	4a	303638.7066	381682.0271	4b
303636.5439	381653.9860	5a	303591.5423	381590.6678	5b
303550.5113	381537.4927	5c	303549.7134	381535.7033	5d
303582.5823	381481.0616	6a	303619.4508	381464.6001	6b
303722.4879	381503.1983	6c	303728.3984	381504.0994	6d
303716.8499	381215.3614	11a	303766.7680	381201.6167	11b
303587.2923	381261.4715	16a	303607.5208	381089.1316	16b
303454.2809	380858.6342	21a	303523.7908	380756.6575	21b
303406.4796	380732.4038	22a	303422.2253	380709.9264	22b
303514.6770	380717.4663	23a	303445.4284	380665.1886	23b
303423.3507	380707.4332	24a	303487.5907	380600.9906	24b
303423.0674	380615.7298	25a	303376.7054	380594.6071	25b
303313.8530	380273.2393	28a	303345.4800	380247.3600	28b
303351.1200	380243.9700	29a	303400.3981	380229.2530	29b
303182.7664	380181.7520	30a	303263.3023	380105.0588	30b
303014.5560	380054.8393	33a	303058.4786	379961.2907	33b
302824.3780	379936.0732	34a	302836.7643	379920.2888	34b
302848.9828	379903.4256	34c	302887.8670	379853.5545	34d
302789.8651	379524.1598	40a	302753.7921	379493.4291	40b
302742.3745	379469.4856	41a	302776.8746	379401.1245	41b
302709.7910	379260.3336	42a	302724.7899	379255.4606	42b
302761.8159	379245.2290	43a	302834.4002	379242.9368	43b
301198.4372	377549.3395	62a	301232.6212	377573.0609	62b
301297.7253	377264.2509	63a	301326.1962	377302.9632	63b
301349.0174	377107.7158	64a	301370.8906	377099.0665	64b
301586.3725	375794.1638	82a	301635.9165	375804.6369	82b
301651.5932	375242.3246	88a	301678.0414	375249.1403	88b
301589.5401	375105.1571	89a	301576.8578	375067.7877	89b
301310.4525	374774.2800	98a	301345.6859	374760.2155	98b
301310.4910	374772.9200	99a	301342.1147	374752.6604	99b
301359.3800	374747.9700	100a	301391.7012	374736.4793	100b
301329.3939	374747.0765	101a	301309.6110	374638.0282	101b
301161.6436	374590.3224	105a	301158.2411	374585.2414	105b
301166.7782	374571.3288	106a	301283.0116	374473.2354	106b
301162.5366	374566.1094	107a	301246.0330	374488.4123	107b
301150.8697	374563.7360	108a	301116.9195	374467.2253	108b
301037.6991	374514.0069	109a	301117.1940	374472.9876	109b
300969.3214	374532.8325	110a	301115.2139	374462.8914	110b
300924.5375	374427.5555	111a	300791.6201	374133.1351	111b
300689.2556	374015.4074	112a	300993.1389	374050.8012	112b
301078.1072	374365.3944	113a	300968.8765	373907.8090	113b
301221.3716	374398.3799	114a	301056.5277	374274.2700	114b
301005.5984	374014.0326	115a	301063.7304	373920.3772	115b
300967.9757	373904.1307	117a	301142.4425	373918.4309	117b
300743.3942	373751.4498	123a	300778.6163	373793.0664	123b
300828.3441	373619.4934	124a	300875.7020	373657.6045	124b
301110.0994	373518.5962	131a	301069.4548	373465.5816	131b
301269.3706	373633.6656	132a	301252.2281	373553.6398	132b
301250.3550	373550.3273	133a	301240.5413	373535.5265	133b
301239.0375	373533.6646	134a	301205.0121	373495.2077	134b
301386.9960	373645.5296	135a	301374.0034	373402.4933	135b
301308.3203	373454.5191	136a	301248.9954	373393.8751	136b
301240.2741	373386.0923	137a	301212.3840	373356.8455	137b
301517.2126	373640.7633	138a	301426.2316	373420.1446	138b

SCHEDULE 11 — Approval of matters specified in requirements

Interpretation

1

In this Schedule “application” means an application for any consent, agreement or approval required by a requirement whether or not the application seeks to discharge a requirement in whole or in part.

Applications made under requirements

2

Where an application has been made to the relevant planning authority for any consent, agreement or approval required pursuant to a requirement included in this Order, the relevant planning authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period of 13 weeks beginning with—

(a) the day immediately following that on which the application is received by the relevant planning authority; or

(b) such longer period as may be agreed by the undertaker and the relevant planning authority.

Further information

3

(1) Where an application has been made under paragraph 2 the relevant planning authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

(2) If the relevant planning authority considers further information is needed, and the requirement does not specify that consultation with a requirement consultee is required, it must, within 21 days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the requirement indicates that consultation must take place with a consultee the relevant planning authority must issue the consultation to the requirement consultee within five working days of receipt of the application. Where the consultee requires further information they must notify the relevant planning authority in writing specifying the further information required within 21 days of receipt of the consultation. The relevant planning authority must notify the undertaker in writing specifying any further information requested by the consultee within five working days of receipt of such a request.

(4) In the event that the relevant planning authority does not give such notification as specified in sub-paragraphs (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Provision of information by Consultees

4

(1) Any consultee who receives a consultation under paragraph 3(3) must respond to that request within 28 days from receipt unless sub-paragraph (2) of this paragraph applies.

(2) Where any consultee requests further information in accordance with the timescales set out in paragraph 3(3) then they must respond to the consultation within ten working days from the receipt of the further information requested.

Fees

5

(1) Where an application is made to the relevant planning authority for agreement or approval in respect of a requirement the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (Wales) Regulations 2015[^f00047] (or any regulations replacing the same) is to be paid by the undertaker to the relevant planning authority in accordance with these regulations.

(2) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of the application being rejected as invalidly made.

Appeal

6

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

(a) the relevant planning authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions; or

(b) within the time period specified in paragraph (2).

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

(a) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”);

(b) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (the “appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2);

(c) the relevant planning authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within ten working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(d) the appeal parties must make any counter-submissions to the appointed person within ten working days of receipt of written representations pursuant to sub-paragraph (2)(c); and

(e) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 30 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (2)(d).

(3) The appointment of the person pursuant to sub-paragraph (2)(b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2).

(5) Any further information required under sub-paragraph (4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the relevant planning authority and any consultee required to be consulted pursuant to the requirement the subject of the appeal on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within ten working days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (2)(e).

(6) On an appeal under this sub-paragraph, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not).

(7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits.

(8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case and may deal with the application as if it had been made to the appointed person in the first instance.

(9) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(10) If an approval is given by the appointed person pursuant to this paragraph, it is to be deemed to be an approval for the purpose of Schedule 11 as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

(11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

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The Awel y Môr Offshore Wind Farm Order 2023

78

PART 7 — For the protection of Rhyl Flats Wind Farm Limited

Application

79

Interpretation

80

Consent for specified works

81

82

83

84

85

86

Expenses

87

Indemnity

88

Arbitration

89

PART 8 — For the protection of Conwy County Borough Council

90

91

92

93

94

95

96

97

98

PART 9 — For the protection of Wales and West Utilities

99

100

On street apparatus and offshore works

101

Apparatus in streets subject to temporary restriction

102

Acquisition of land

103

Removal of apparatus

104

Facilities and rights for alternative apparatus

105

Retained apparatus

106

Expenses and costs

107

108

Enactments and agreements

109

PART 10 — For the protection of Welsh Ministers as Strategic Highway Authority

Application

110

Interpretation

111

Approvals

112

113

114

115

116

117

118

Indemnity

119

120

Traffic management

121

122

Inspections

123

124

125

126

Reinstatement

127

128

129

Notice of completion of Works

130