OpenLegislation

The Clocaenog Forest Wind Farm Order 2014

S.I. 2014/2441 · Made 11 September 2014 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 8 December 2017.

Infrastructure Planning

Made 11th September 2014

Coming into force 2nd October 2014

An application has been made to the Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 for an Order under sections 37, 114, 115 and 120 of the Planning Act 2008f2.

The application was examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010f3.

The single appointed person, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) and (2) of the 2008 Act, made a report and recommendation to the Secretary of State.

The Secretary of State, having considered the report and recommendation of the single appointed person, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, and 120 of the 2008 Act, makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 2009/2264. Amended by S.I. 2010/602, 2012/635, 2012/2732.

f2

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 to 27 of the Growth and Infrastructure Act 2013 (c.27). There are other amendments to the 2008 Act which are not relevant to this Order.

f3

S.I. 2010/103. Amended by SI 2012/635.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Principal powers
  5. 3Development consent etc granted by the Order
  6. 4Procedure in relation to approvals etc under Requirements
  7. 5Maintenance of authorised project
  8. 6Power to deviate
  9. 7Operation of generating station
  10. 8Benefit of Order
  11. 9Defence to proceedings in respect of statutory nuisance
  12. 10Street works
  13. 11Stopping up of streets
  14. 12Public rights of way
  15. 13Application of the 1991 Act
  16. 14Temporary stopping up of streets
  17. 15Access to works
  18. 16Construction and maintenance of new or altered streets
  19. 17Agreements with street authorities
  20. 18Discharge of water
  21. 19Authority to survey and investigate the land
  22. Part 3: Powers of acquisition
  23. 20Compulsory acquisition of land and rights
  24. 21Time limit for exercise of authority to acquire land compulsorily
  25. 22Application and modification of legislative provisions
  26. 23Compulsory acquisition of rights
  27. 24Private rights
  28. 25Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  29. Part 4: Miscellaneous and general
  30. 26Application of landlord and tenant law
  31. 27Operational land for purposes of the 1990 Act
  32. 28Felling or lopping of trees
  33. 29Statutory undertakers
  34. 30Apparatus and rights of statutory undertakers in stopped-up streets
  35. 31Recovery of costs of new connections
  36. 32Removal of human remains
  37. 33Crown rights
  38. 34Service of notices
  39. 35Protection of interests
  40. 36Certification of plans etc
  41. 37Arbitration
  42. Signature
  43. Schedule 1: Authorised project
  44. 1Authorised development
  45. Part 2: Ancillary works
  46. 1Highway works
  47. Part 3: Requirements
  48. 1Definitions
  49. 2Submission and approval of details
  50. 3Time limits
  51. 4Expiry of development consent
  52. 5Decommissioning and site restoration
  53. 6Failure of turbines
  54. 7Plans
  55. 8Construction traffic management plan
  56. 9Construction method statement
  57. 10Highways
  58. 11Paragraph 11
  59. 12Paragraph 12
  60. 13Construction hours
  61. 14Paragraph 14
  62. 15Habitat management plan
  63. 16Access management plan
  64. 17Felling
  65. 18Appearance
  66. 19Paragraph 19
  67. 20Paragraph 20
  68. 21Paragraph 21
  69. 22Paragraph 22
  70. 23Shadow flicker
  71. 24Archaeology
  72. 25Ecological clerk of works
  73. 26Surface water drainage
  74. 27Accumulation and deposits
  75. 28Infra-red aviation lighting
  76. 29Defence Geographic Centre
  77. 30Noise
  78. 31Paragraph 31
  79. 32Paragraph 32
  80. 33Paragraph 33
  81. 34Paragraph 34
  82. 35Paragraph 35
  83. Part 4: Noise Guidance for Requirements 30 to 35
  84. 1Paragraph 1
  85. 2Paragraph 2
  86. 3Paragraph 3
  87. 4Paragraph 4
  88. Schedule 2Streets subject to street works
  89. Schedule 3Streets to be stopped up
  90. Schedule 4Streets to be temporarily stopped up
  91. Schedule 5Access to works
  92. Schedule 6: Land subject to acquisition of new rights and interference with private rights
  93. 1Land subject to acquisition of new rights
  94. 2Land subject to interference with private rights
  95. Schedule 7: Modification of compensation and compulsory purchase enactments for creation of new rights
  96. 1Compensation enactments
  97. 2Paragraph 2
  98. 3Application of the 1965 Act
  99. 4Paragraph 4
  100. 5Paragraph 5
  101. 6Paragraph 6
  102. 7Paragraph 7
  103. 8Paragraph 8
  104. 9Paragraph 9
  105. Schedule 8: Protection for electricity, gas, water and sewerage undertakers
  106. 1Paragraph 1
  107. 2Paragraph 2
  108. 3Paragraph 3
  109. 4Paragraph 4
  110. 5Paragraph 5
  111. 6Paragraph 6
  112. 7Paragraph 7
  113. 8Paragraph 8
  114. 9Paragraph 9
  115. 10Paragraph 10
  116. Explanatory note