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The North Wales Wind Farms Connection Order 2016

S.I. 2016/818 · Made 28 July 2016 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 March 2017.

Infrastructure Planning

Made 28th July 2016

Coming into force 19th August 2016

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

The application has been examined by a Panel, which has made a report to the Secretary of State under section 74(2) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the Panel, 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.

Accordingly, the Secretary of State, in exercise of the powers in section 114 and 120 of the 2008 Act, makes the following Order:

Annotations to the whole text

Footnotes

f1

2008 c. 29.

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 etc. granted by the Order
  6. 4Limits of deviation
  7. 5Operation of authorised development
  8. 6Maintenance of authorised development
  9. 7Benefit of the Order
  10. 8Consent to transfer benefit of the Order
  11. Part 3: STREETS
  12. 9Power to alter layout, etc., of streets
  13. 10Street works
  14. 11Construction and maintenance of new or altered means of access
  15. 12Temporary prohibition or restriction of use of streets and public rights of way
  16. 13Traffic regulation
  17. 14Access to works
  18. 15Agreements with street authorities
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Authority to survey and investigate the land
  22. Part 5: POWERS OF ACQUISITION
  23. 18Compulsory acquisition of rights
  24. 19Crown land
  25. 20Statutory authority to override easements and other rights
  26. 21Time limit for exercise of authority to acquire rights compulsorily
  27. 22Funding
  28. 23Private rights
  29. 24Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  30. 25Acquisition of subsoil or airspace only
  31. 26Rights under or over streets
  32. 27Temporary use of land for carrying out the authorised development
  33. 28Temporary use of land for maintaining and decommissioning the authorised development
  34. 29Statutory undertakers
  35. 30Recovery of costs of new connections
  36. Part 6: OPERATIONS
  37. 31Felling or lopping of trees and removal of hedgerows
  38. Part 7: MISCELLANEOUS AND GENERAL
  39. 32Application of landlord and tenant law
  40. 33Disapplication of legislative provisions
  41. 34Defence to proceedings in respect of statutory nuisance
  42. 35Crown rights
  43. 36Certification of plans etc.
  44. 37Application and modification of legislative provisions
  45. 38Service of notices
  46. 39Procedure in relation to certain approvals etc.
  47. 40Arbitration
  48. Signature
  49. Schedule 1AUTHORISED DEVELOPMENT
  50. Schedule 2: REQUIREMENTS
  51. 1Interpretation
  52. 2Time limits
  53. 3Detailed Design
  54. 4Stages of authorised development
  55. 5Landscaping
  56. 6Dying, diseased, damaged planting
  57. 7Reinstatement planting
  58. 8Felling
  59. 9Highway works
  60. 10Construction Hours
  61. 11Contaminated land and groundwater
  62. 12Archaeology
  63. 13Construction Environmental Management Plan
  64. 14Piling
  65. 15Restoration of land used temporarily for construction
  66. 16Requirement for written approval
  67. 17Decommissioning
  68. 18Decommissioning Environmental Management Plan
  69. 19Expiry of development consent
  70. 20Requirements for written approval, etc.
  71. 21Approved plans and amendments to approved plans.
  72. Schedule 3: STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT
  73. 1PERMANENT ALTERATION OF LAYOUT
  74. 2TEMPORARY ALTERATION OF LAYOUT
  75. Schedule 4STREETS SUBJECT TO STREET WORKS
  76. Schedule 5: ACCESS
  77. 1THOSE PARTS OF ACCESSES TO BE MAINTAINED AT THE EXPENSE OF THE UNDERTAKER
  78. 2THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED AT THE PUBLIC EXPENSE
  79. 3THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY
  80. 4THOSE PARTS OF ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY
  81. Schedule 6TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS OR PUBLIC RIGHTS OF WAY
  82. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  83. Compensation enactments
  84. 1Paragraph 1
  85. 2Paragraph 2
  86. Application of the 1965 Act
  87. 3Paragraph 3
  88. 4Paragraph 4
  89. 5Paragraph 5
  90. 6Paragraph 6
  91. 7Paragraph 7
  92. 8Paragraph 8
  93. 9Paragraph 9
  94. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  95. Schedule 9: PROTECTIVE PROVISIONS
  96. Part 1: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  97. 1Paragraph 1
  98. 2Paragraph 2
  99. 3Paragraph 3
  100. 4Paragraph 4
  101. 5Paragraph 5
  102. Part 2: FOR THE PROTECTION OF DŴR CYMRU CYFYNGEDIG
  103. 6Paragraph 6
  104. 7Paragraph 7
  105. 8Paragraph 8
  106. 9Precedence of the WIA 1991
  107. 10Protection of DCC apparatus
  108. 11Suspension of works
  109. 12Suspension of works
  110. 13Emergency Works
  111. 14Insurance
  112. 15Damage to DCC apparatus
  113. Part 3: FOR THE PROTECTION OF THE RELEVANT PLANNING AUTHORITY
  114. 16Paragraph 16
  115. 17Paragraph 17
  116. 18Paragraph 18
  117. 19Paragraph 19
  118. 20Paragraph 20
  119. 21Paragraph 21
  120. 22Paragraph 22
  121. 23Paragraph 23
  122. Schedule 10: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  123. 1Applications made under Requirements
  124. 2Further information
  125. 3Appeals
  126. 4Appeals
  127. 5Appeals
  128. 6Appeals
  129. Schedule 11REMOVAL OF IMPORTANT HEDGEROWS
  130. Schedule 12DOCUMENTS TO BE CERTIFIED
  131. Explanatory note