The Clocaenog Forest Wind Farm Order 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2441 |
2014No. 2441
INFRASTRUCTURE PLANNING
The Clocaenog Forest Wind Farm Order 2014
11thSeptember2014
2ndOctober2014
An application has been made to the Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009( 1) for an Order under sections 37, 114, 115 and 120 of the Planning Act 2008( 2).
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 2010( 3).
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examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) and (2) of the 2008 Act, made a report and recommendation to the Secretary of State.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:
PART 1
Preliminary
Citation and commencement
1. This Order may be cited as the Clocaenog Forest Wind Farm Order 2014 and come into force on 2nd October 2014.
Interpretation
2. (1) In this Order-
"the 1961 Act" means the Land Compensation Act 1961( 4);
"the 1965 Act" means the Compulsory Purchase Act 1965( 5);
"the 1980 Act" means the Highways Act 1980( 6);
"the 1984 Act" means the Road Traffic Regulation Act 1984( 7);
"the 1990 Act" means the Town and Country Planning Act 1990( 8);
"the 1991 Act" means the New Roads and Street Works Act 1991( 9);
"the 2008 Act" means the Planning Act 2008;
"access plan" means plan reference CF/PLAN04/ACCESS/01-07 certified as the access and public rights of way plan by the Secretary of State for the purposes of this Order;
"the ancillary works" means the ancillary works described in Part 2 of Schedule 1 (authorised project) and any other works authorised by the Order which are not development within the meaning of section 32 of the 2008 Act;
"the authorised development" means the development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order;
"apparatus" has the same meaning as in Part 3 of the 1991 Act;
"the authorised project" means the authorised development and the ancillary works authorised by this Order;
"the book of reference" means the book of reference v2 submitted in November 2013 certified by the Secretary of State as the book of reference for the purposes of this Order;
"building" includes any structure or erection or any part of a building, structure or erection; "carriageway" has the same meaning as in the 1980 Act;
"environmental statement" means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;
"highway" has the same meaning as in the 1980 Act;
"the land plan" means the plan reference CF/PLAN01/LAND/01-07 certified as the land plan by the Secretary of State for the purposes of this Order;
"the limits of deviation" means the limits of deviation referred to in article 6 (power to deviate);
"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace, but not so as to vary from the description of the authorised project in Schedule 1 and only to the extent assessed in the environmental statement, and "maintenance" is to be construed accordingly;
"Order land" means the land shown on the land plan as-
(a) land required for or affected by the authorised development,
(b) land subject to the interference with private rights, and
(c) land subject to the creation of new rights;
"Order limits" means the order limits shown on the works plan within which the authorised project may be carried out;
"owner", in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981( 10);
"public communications provider" has the same meaning as in section 151(1) of the Communications Act 2003;
"public sewer or drain" means a sewer or drain which belongs to the Natural Resources Wales, a harbour authority within the meaning of section 57 of the Harbours Act 1964( 11) (interpretation), an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation;
"public utility undertaker" has the same meaning as in the 1980 Act.
"relevant planning authority" means the County Borough of Conwy in relation to land situated in the County Borough of Conwy, and the County of Denbighshire in relation to land situated in the County of Denbighshire;
"relocation works" means work executed, or apparatus provided, under paragraph (2); and
"Requirement" means a requirement set out in Part 3 of Schedule 1 (Requirements);
"statutory utility" means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) of the Communications Act 2003( 12).
"street" means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;
"street authority", in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
"the tribunal" means the Lands Chamber of the Upper Tribunal;
"undertaker" means RWE Innogy UK Limited (company number 2550622) whose registered office is at Auckland House, Lydiard Fields, Great Western Way, Swindon, Wiltshire SN5 8ZT;
"watercourse" includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
"the works plan" means the plan reference CF/PLAN02/WORKS/01-07 certified as the works plan by the Secretary of State for the purposes of this Order.
(2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air-space above its surface.
(3) All areas distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised project are taken to be measured along that work.
(4) References in this Order to a numbered work are references to a work number in Part 1 of Schedule 1 (authorised development), and shown on the works plan.
PART 2
Principal powers
Development consent etc granted by the Order
3. (1) Subject to the provisions of this Order, and to the Requirements in Part 3 of Schedule 1, the undertaker is granted-
(a) development consent for the authorised development in Part 1 of Schedule 1, and
(b) consent for the ancillary works in Part 2 of Schedule 1,
to be carried out within the Order limits.
(2) Subject to article 6 (power to deviate), the authorised development may only be constructed in the lines or situations shown on the works plan.
(3) Notwithstanding anything in this Order or shown on the works plan but without prejudice to the provisions of article 6 (power to deviate) the undertaker may construct-
(a) Works No. 2A, 5A and 14A or Works No. 2B, 5B and 14B but may not construct both Works No. 2A, 5A and 14A and Works No. 2B, 5B and 14B under the powers conferred by this Order, and
(b) Work No. 4A or 4B but may not construct more than one of those works under the powers conferred by this Order.
(4) Where the undertaker constructs-
(a) either Work No. 4A or Work No. 4B as part of the authorised development, the undertaker must notify the relevant planning authority prior to the commencement of the authorised development which of those Works it intends to construct, and
(b) either Works No. 5A and 14A or Works No. 5B and 14B as part of the authorised development, the undertaker must notify the relevant planning authority prior to the commencement of the authorised development which of those Works it intends to construct.
Procedure in relation to approvals etc under Requirements
4. (1) Where an application is made to the relevant planning authority for any consent, agreement or approval required by a Requirement, the following provisions apply, as if the Requirement was a condition to which planning permission was subject-
(a) sections 78 and 79 of the 1990 Act (right of appeal in relation to planning decisions);
(b) any orders, rules or regulations which make provision in relation to a consent, agreement or approval of a relevant planning authority required by a condition imposed on the grant of planning permission.
(2) For the purposes of the application of section 262 of the 1990 Act (meaning of "statutory undertaker") to appeals pursuant to this article, the undertaker is deemed to be a holder of a licence under section 6 of the Electricity Act 1989( 13).
Maintenance of authorised project
5. Subject to other provisions of this Order or an agreement made under this Order, the undertaker may at any time and from time to time maintain the authorised project.
Power to deviate
6. (1) Subject to paragraph (2), in constructing or maintaining the authorised development comprising works numbered 1 to 14B in Schedule 1 (authorised works), the undertaker may deviate laterally from the lines or situations shown on the works plan only to the extent of the limits of deviation shown on that plan.
(2) In constructing and maintaining Work No. 2A or 2B the undertaker may-
(a) deviate from the commencement and termination points specified for each of the cable routes referred to in the first column of the Tables comprised within the description of those Works, and
(b) within the limits...
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