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The Brechfa Forest Wind Farm Connection Order 2016

S.I. 2016/987 · Made 6 October 2016 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 10 March 2017.

Infrastructure Planning

Made 6th October 2016

Coming into force 28th October 2016

An application under section 37 of the Planning Act 2008f1 (“the 2008 Act”) has been made to the Secretary of State for an order granting development consent.

The application was examined by the Examining Authority which has made a report to the Secretary of State under section 83(1)(b) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f2 and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State, in exercise of the powers conferred by sections 114 and 120 of the 2008 Act, makes the following Order:

Annotations to the whole text

Footnotes

f1

2008 c. 29. The relevant provisions of the Planning Act 2008 are amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20), and by sections 22-27 of the Growth and Infrastructure Act 2013 (c. 27).

f2

S.I. 2009/2263, amended by S.I. 2012/635 and 2012/787.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Principal powers
  5. 3Development consent granted by the Order
  6. 4Maintenance of the authorised development
  7. 5Limits of deviation
  8. 6Benefit of Order
  9. 7Consent to transfer benefit of Order
  10. Part 3: Streets
  11. 8Application of the New Roads and Street Works Act 1991
  12. 9Street works
  13. 10Construction and maintenance of new or altered means of access
  14. 11Temporary closure of streets and public rights of way
  15. 12Traffic regulation
  16. 13Access to works
  17. 14Agreements with street authorities
  18. Part 4: Supplemental powers
  19. 15Discharge of water
  20. 16Defence to proceedings in respect of statutory nuisance
  21. 17Authority to survey and investigate the land
  22. Part 5: Powers of acquisition
  23. 18Application and modification of legislative provisions
  24. 19Compulsory acquisition of rights in, under or over land
  25. 20Statutory authority to override easements and other rights
  26. 21Compulsory acquisition of land – incorporation of the mineral code
  27. 22Time limit for exercise of authority to acquire rights in land compulsorily
  28. 23Suspension of private rights
  29. 24Extinguishment of private rights and restrictive covenants relating to Western Power Distribution (South Wales) Plc’s apparatus removed from land subject to temporary possession
  30. 25Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  31. 26Rights under or over streets
  32. 27Temporary use of land by the undertaker
  33. 28Temporary use of land for maintaining the authorised development
  34. 29Statutory undertakers
  35. 30Recovery of costs of new connections
  36. Part 6: Miscellaneous and general
  37. 31Operational land for purposes of the 1990 Act
  38. 32Felling or lopping of trees and removal of hedgerows
  39. 33Certification of plans
  40. 34Service of notices
  41. 35Arbitration
  42. 36Procedure regarding certain approvals
  43. 37Crown rights
  44. Signature
  45. Schedule 1Authorised development
  46. Schedule 2: Plans
  47. 1Overall location plan
  48. 2Master key plan
  49. 3Access and rights of way plans
  50. 4Crown land plans
  51. 5Design drawings
  52. 6Environmental features plans
  53. 7Heritage designations plans
  54. 8Land plans
  55. 9Trees and Hedges with the potential to be affected plans
  56. 10Works plans
  57. Schedule 3: Requirements
  58. 1Interpretation
  59. 2Time limits
  60. 3Compliance with approved details
  61. 4Stages of authorised development
  62. 5Restrictions on the limits of deviation
  63. 6Restrictions on the limits of deviation near hedgerows and watercourses
  64. 7Protection of private water supplies
  65. 8HDD drill depths and construction periods
  66. 9Highway accesses
  67. 10Public rights of way
  68. 11Fencing and other means of enclosure
  69. 12Contaminated land and groundwater
  70. 13Archaeology
  71. 14Plans
  72. 15Habitat management plan
  73. 16Trees to be affected
  74. 17Lighting
  75. 18Construction traffic management plan
  76. 19Temporary bridge
  77. 20Construction hours
  78. 21Construction environmental management plan
  79. 22Restoration of land used temporarily for construction
  80. 23Requirement for written approval
  81. 24Frac-out contingency plan
  82. 25Decommissioning
  83. 26Flooding
  84. 27Foundation Depths
  85. 28Hedgerows
  86. 29Otter Surveys
  87. 30Marsh Fritillary Study
  88. 31Approved plans and amendments to approved plans
  89. Schedule 4: Modification of compensation and compulsory purchase enactments for creation of new rights
  90. 1Compensation enactments
  91. 2Modification of the Land Compensation Act 1973
  92. 3Application of the 1965 Act
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. 7Paragraph 7
  97. 8Paragraph 8
  98. 9Paragraph 9
  99. Schedule 5Parts of access to be maintained at the public expense
  100. Schedule 6: Streets subject to street works
  101. 1Streets subject to street works – crossing points
  102. 2Streets subject to street works – accesses
  103. Schedule 7Streets/rights of way to be temporarily closed
  104. Schedule 8Land of which temporary possession may be taken
  105. Schedule 9: Protective provisions
  106. Part 1: For the protection of oil undertakers
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. Part 2: For the protection of National Grid Gas plc and National Grid Electricity Transmission Plc
  114. 1Application
  115. 2Interpretation
  116. 3Interpretation
  117. 4Acquisition of land
  118. 5Retained apparatus—Protection—Gas Protected Persons
  119. 6Retained apparatus—Protection—Electricity Undertakers
  120. 7Expenses
  121. 8Indemnity
  122. 9Enactments and agreements
  123. 10Co-operation
  124. 11Access
  125. 12Arbitration
  126. Part 3: For the protection of Dwr Cymru Cyfyngedig
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. 3Paragraph 3
  130. 4Precedence of the Water Industry Act 1991
  131. 5Protection of DCC apparatus
  132. 6Suspension of works
  133. 7Suspension of works
  134. 8Emergency Works
  135. Part 4: For the protection of Wales and West Utilities Limited
  136. 1Application
  137. 2Interpretation
  138. 3Interpretation
  139. 4Acquisition of Land
  140. 5Retained apparatus: Protection: Protected Persons
  141. 6Expenses
  142. 7Indemnity
  143. 8Enactments and agreements
  144. 9Co-operation
  145. 10Access
  146. 11Arbitration
  147. Part 5: For the protection of operators of electronic communications code networks
  148. 1Paragraph 1
  149. 2Paragraph 2
  150. 3Paragraph 3
  151. 4Paragraph 4
  152. 5Paragraph 5
  153. 6Paragraph 6
  154. Schedule 10: Discharge of Requirements
  155. 1Applications made under Requirement
  156. 2Further information
  157. 3Appeals
  158. 4Appeal process
  159. 5Fees
  160. Schedule 11Removal of important hedgerows
  161. Explanatory note