The Awel y Môr Offshore Wind Farm Order 2023
S.I. 2023/1033 · Made 19 September 2023 · Extends to England and Wales
Infrastructure Planning
Made 19th September 2023
Coming into force 11th October 2023
An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1 (the “2008 Act”) for an Order granting development consent.
The application was examined by a panel of 5 members (appointed by the Secretary of State) in accordance with Part 6 of the 2008 Act and carried out in accordance with the Infrastructure Planning (Examination Procedure) Rules 2010f2.
The panel, having considered the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and recommendation to the Secretary of State.
The Secretary of State has considered the report and recommendation of the panel, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f3, and, as a national policy statement has effect in relation to the proposed development, has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.
The Secretary of State is satisfied that the open space forming special category land specified in the land plans and special category land plan (as defined in article 2 of this Order), when burdened with any new rights authorised to be compulsorily acquired under this Order, will be no less advantageous than it was before to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public, and that, accordingly, section 132(3) of the 2008 Act applies.
The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.
The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 and 140, and Schedule 5 to the 2008 Act, makes the following Order—
Annotations to the whole text
Footnotes
- f1
-
2008 c. 29. Section 37 was amended by sections 128(2) and 137(5) and Schedule 13, Part 1, paragraphs 1 to 5 of the Localism Act 2011 (c. 20).
- f2
-
S.I. 2010/103. This instrument was amended by S.I. 2012/635.
- f3
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: Principal Powers
- 3Development consent etc. granted by the Order
- 4Operation of generating station
- 5Power to maintain the authorised development
- 6Benefit of the Order
- 7Application and modification of legislative provisions
- 8Defence to proceedings in respect of statutory nuisance
- Part 3: Streets
- 9Street works
- 10Application of the 1991 Act
- 11Temporary stopping up of rights of way
- 12Temporary restriction of use of streets
- 13Access to works
- Part 4: Supplemental powers
- 14Discharge of water
- 15Authority to survey and investigate the land
- 16Protective works to buildings
- 17Removal of human remains
- Part 5: Powers of acquisition
- 18Compulsory acquisition of land
- 19Time limit for exercise of authority to acquire land compulsorily
- 20Compulsory acquisition of rights
- 21Compulsory acquisition of land: minerals
- 22Private rights
- 23Application of the 1981 Act
- 24Acquisition of subsoil only
- 25Modification of Part 1 of the 1965 Act
- 26Rights under or over streets
- 27Temporary use of land for carrying out the authorised development
- 28Temporary use of land for maintaining the authorised development
- 29Statutory undertakers
- 30Recovery of costs of new connections
- 31Funding
- Part 6: Miscellaneous and general
- 32Application of landlord and tenant law
- 33Felling or lopping of trees and removal of hedgerows
- 34Trees subject to tree preservation orders
- 35Abatement of works abandoned or decayed
- 36Saving provisions for Trinity House
- 37Crown rights
- 38Protective provisions
- 39Operational land for the purposes of the 1990 Act
- 40Certification of plans, etc.
- 41Service of notices
- 42No double recovery
- 43Requirements, appeals, etc.
- 44Arbitration
- Signature
- Schedule 1: Authorised development
- 1Authorised development
- 2Ancillary works
- Schedule 2: Requirements
- 1Time limits
- 2Offshore design parameters
- 3Aviation safety
- 4Offshore Noise
- 5Stages of authorised development
- 6Substation works
- 7Detailed design parameters onshore
- 8Provision of landscaping
- 9Implementation and maintenance of landscaping
- 10Code of construction practice
- 11Highway accesses
- 12Onshore archaeology
- 13Landscape and Ecology management plan
- 14European protected species onshore
- 15Construction hours
- 16Surface and foul water drainage
- 17Restoration of land used temporarily for construction
- 18Control of noise during operational stage
- 19Control of operational artificial light emissions
- 20Skills and Employment Strategy
- 21Offshore decommissioning
- 22Onshore decommissioning
- 23Great Dun Fell and St Annes Primary Radar Mitigation Scheme
- 24Landscape enhancement scheme
- 25Wake effects
- 26Requirement for written approval
- 27Amendments to approved details
- Schedule 3Streets subject to street works
- Schedule 4Rights of way to be temporarily stopped up or restricted
- Schedule 5Access to works
- Schedule 6Land of which only temporary possession may be taken
- Schedule 7Land in which only new rights etc. may be acquired
- Schedule 8: Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants
- 1Compensation enactments
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 9: Protective provisions
- Part 1: Protection for electricity, gas, water and sewerage undertakers
- 1Paragraph 1
- 2Paragraph 2
- 3On street apparatus and offshore works
- 4Acquisition of land
- 5Removal of apparatus
- 6Facilities and rights for alternative apparatus
- 7Retained apparatus
- 8Expenses and costs
- 9Paragraph 9
- 10Miscellaneous
- Part 2: For the protection of Dŵr Cymru Cyfyngedig (DC)
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Precedence of the WIA 1991
- 15Protection of DC apparatus
- 16Suspension of works
- 17Co-Operation
- 18Emergency Works
- 19Damage to DC apparatus
- Part 3: For the protection of National Grid
- 20Application
- 21Interpretation
- 22Interaction with the Bodelwyddan Project
- 23National Grid connection works
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27On Street Apparatus
- 28Apparatus of National Grid in streets subject to temporary stopping up
- 29Protective works to buildings
- 30Acquisition of land
- 31Removal of apparatus
- 32Facilities and rights for alternative apparatus
- 33Retained apparatus: Protection of National Grid as Electricity Undertaker
- 34Expenses
- 35Indemnity
- 36Enactments and agreements
- 37Co-operation
- 38Access
- 39Arbitration
- 40Notices
- Part 4: For the protection of SP Manweb as electricity undertaker
- 41Application
- 42Interpretation
- 43On Street Apparatus
- 44Acquisition of land
- 45Removal of apparatus
- 46Facilities and rights for alternative apparatus
- 47Retained apparatus: Protection of SP Manweb as Electricity Undertaker
- 48Expenses
- 49Indemnity
- 50Enactments and agreements
- 51Co-operation
- 52Access
- 53Arbitration
- Part 5: Protection for operators of electronic communications code networks
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- Part 6: For the protection of Network Rail Infrastructure Limited
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- Part 7: For the protection of Rhyl Flats Wind Farm Limited
- 79Application
- 80Interpretation
- 81Consent for specified works
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Expenses
- 88Indemnity
- 89Arbitration
- Part 8: For the protection of Conwy County Borough Council
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- Part 9: For the protection of Wales and West Utilities
- 99Paragraph 99
- 100Paragraph 100
- 101On street apparatus and offshore works
- 102Apparatus in streets subject to temporary restriction
- 103Acquisition of land
- 104Removal of apparatus
- 105Facilities and rights for alternative apparatus
- 106Retained apparatus
- 107Expenses and costs
- 108Paragraph 108
- 109Enactments and agreements
- Part 10: For the protection of Welsh Ministers as Strategic Highway Authority
- 110Application
- 111Interpretation
- 112Approvals
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- 117Paragraph 117
- 118Paragraph 118
- 119Indemnity
- 120Paragraph 120
- 121Traffic management
- 122Paragraph 122
- 123Inspections
- 124Paragraph 124
- 125Paragraph 125
- 126Paragraph 126
- 127Reinstatement
- 128Paragraph 128
- 129Paragraph 129
- 130Notice of completion of Works
- 131Paragraph 131
- 132Paragraph 132
- 133Paragraph 133
- 134Arbitration
- 135Notices
- 136Cease of Use or Abandonment
- 137Paragraph 137
- 138Paragraph 138
- 139Maintenance
- Part 11: For the protection of North Hoyle Wind Farm Limited
- 140Application
- 141Interpretation
- 142Requirement for approval of method statement and surveys
- 143Paragraph 143
- 144Paragraph 144
- 145Paragraph 145
- 146Paragraph 146
- 147Requirement for notification of start of works
- 148Carrying out of works
- 149Paragraph 149
- 150Paragraph 150
- 151Paragraph 151
- 152Paragraph 152
- 153Paragraph 153
- 154Future specified work
- 155Paragraph 155
- 156Paragraph 156
- 157Works on Company cables
- 158Restrictions on anchors and moorings
- 159Indemnity and liabilities
- 160Paragraph 160
- 161Paragraph 161
- 162Paragraph 162
- 163Paragraph 163
- 164Representatives
- 165Insurance
- 166Force majeure
- 167Costs and expenses
- 168Arbitration
- 169Arbitration Repealed
- Schedule 10: Removal of hedgerows
- 1Removal of hedgerows
- 2Removal of important hedgerows
- Schedule 11: Approval of matters specified in requirements
- 1Interpretation
- 2Applications made under requirements
- 3Further information
- 4Provision of information by Consultees
- 5Fees
- 6Appeal
- Schedule 12: Arbitration rules
- 1Primary objective
- 2Time periods
- 3Timetable
- 4Procedure
- 5Arbitrator’s powers
- 6Costs
- 7Confidentiality
- Schedule 13Documents to be certified
- Explanatory note