The Clocaenog Forest Wind Farm Order 2014

The wind turbines may not be erected until details of their external appearance and colour and surface finish and the design and appearance of the associated external transformer/switchgear units (if any) have been submitted to and approved by the relevant planning authority. The authorised development must be completed in accordance with the approved details.

19

Notwithstanding any design or colour approved by the relevant planning authority pursuant to Requirement 18, all wind turbines must be of a 3 bladed configuration and of a semi-matt finish.

20

• (1) No wind turbine may display any name, sign, symbol or logo on any external surface, unless such name, sign, symbol or logo has been approved in writing by the relevant planning authority.

• (2) Paragraph (1) of this Requirement does not apply to any name, sign, symbol or logo required by law or for health and safety reasons.

21

All wind turbines’ blades are to rotate in the same direction. Without prejudice to Requirement 28 the wind turbines may not be illuminated, save for a sensor-operated access light.

22

Before construction of Work No. 5A or 5B, details of the external design, appearance and finish of the substation and any associated hard standing areas, and the electrical compound must be submitted to and approved by the relevant planning authority. The authorised development is to be completed in accordance with the approved details.

Shadow flicker

23

The authorised development may not commence until a scheme for the avoidance of any shadow flicker effect at any dwelling which lawfully existed or had planning permission at the date of this Order has been submitted to and approved by the relevant planning authority. The scheme must include a time limit for the investigation of complaints, and for the implementation of mitigation measures. The scheme is to be implemented as approved.

Archaeology

24

• (1) No authorised development may commence until a scheme of archaeological investigation has been submitted to and approved by the relevant planning authority.

• (2) The scheme of archaeological investigation must incorporate—

• (a) a walkover survey before commencement of the authorised development;

• (b) fencing to be provided around Twr yr Hill round barrow and Maen Cred standing stone during construction works;

• (c) where presence of archaeological remains is established a watching brief will be undertaken during construction to record the surviving archaeological remains;

• (d) a watching brief during construction of all other infrastructure to record any previously unknown archaeological remains that may be present; and

• (e) proposed peat core sampling.

• (3) The scheme of archaeological investigation shall be implemented as approved.

Ecological clerk of works

25

• (1) No authorised development may commence until, following consultation with NRW and approval by the relevant local planning authority, an ecological clerk of works has been appointed.

• (2) An ecological clerk of works is to be retained throughout the duration of civil construction works on site to advise on minimising ecological effects of the construction activities.

Surface water drainage

26

• (1) No authorised development may commence until, following consultation with NRW, details of the surface water drainage system (including means of pollution control) have been submitted to and approved by the relevant planning authority.

• (2) The details of the surface water drainage system submitted under paragraph (1) must accord with the Outline Surface Water Management Plan at Annex 8.1 of the environmental statement to ensure that existing runoff regimes are maintained where possible and no increase in peak runoff is experienced within receiving watercourses as a consequence of the authorised development and shall include a mechanism to establish a baseline for the existing surface water drainage conditions.

• (3) The surface water drainage system is to be constructed in accordance with the approved details.

Accumulation and deposits

27

• (1) No authorised development may commence until, following consultation with NRW, a written scheme for the management of any accumulations and deposits has been submitted to and approved by the relevant planning authority.

• (2) The approved scheme for the management of accumulations and deposits is to be implemented before and maintained during the construction, operation and decommissioning of the authorised development.

Infra-red aviation lighting

28

No wind turbine shall be erected until, following consultation with the Ministry of Defence, details of the installation of infra-red aviation warning lights have been submitted to and approved by the relevant planning authority. The lights must be installed in accordance with the approved details and maintained until the wind turbines are decommissioned in accordance with Requirements.

Defence Geographic Centre

29

No wind turbine may be erected before information on the accurate location of the wind turbines has been provided to the Defence Geographic Centre of the Ministry of Defence.

Noise

30

• (1) The level of noise immissions from the combined effects of the wind turbines (including the application of any tonal penalty), when calculated in accordance with the Noise Guidance, may not exceed the values set out in Table 1 below. Noise limits for dwellings which lawfully existed or had planning permission at the date of this Order and which are not listed in Table 1 are to be those of the physically closest location listed in Table 1 below, unless otherwise agreed with the relevant planning authority. The coordinate locations to be used in determining the location of each of the dwellings listed in Table 1 are those listed in Table 2.

• (2) The agreement of the relevant planning authority in paragraph (1) may only be given in relation to immaterial changes where the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Location	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)	Standardised wind speed at 10 metre height (m/s)
Location	1	2	3	4	5	6	7	8	9	10	11	12
Bron Bannog	39.1	39.1	39.1	39.1	39.1	39.1	39.1	39.1	39.1	41.7	44.3	46.6
Castell y Waen	30.8	30.8	30.8	30.8	30.8	30.8	30.8	30.8	31.9	33.5	35.1	36.7
Cefn Rofft	36.7	36.7	36.7	36.7	36.7	36.7	36.7	36.7	39.0	42.3	45.6	48.8
Cefnbannog	37.5	37.5	37.5	37.5	37.5	37.5	37.5	37.5	38.3	42.1	45.8	49.3
Crud-y-Gwynt	39.3	39.3	39.3	39.3	39.3	39.3	39.3	39.9	41.0	42.3	43.8	45.4
Cruglas	39.6	39.6	39.6	39.6	39.6	39.6	39.6	39.6	39.6	39.6	41.4	44.3
Diffws	37.2	37.2	37.2	37.2	37.3	39.0	40.7	42.2	43.3	44.0	44.4	44.6
Hafod Caradoc	32.0	32.0	32.0	32.0	32.0	32.0	32.0	32.0	32.8	35.4	38.1	40.8
Hafod Ty Ddu	32.0	32.0	32.0	32.0	32.0	32.0	32.0	35.1	39.2	42.6	45.7	48.8
Hafotty Newydd	38.7	38.7	38.7	38.7	38.7	38.7	38.7	38.7	38.9	41.7	44.5	47.2
Plas Nant Glyn	28.2	28.2	28.2	28.2	28.2	28.2	28.2	28.2	28.2	28.2	28.2	28.2
Tai’n-y-Waens	39.3	39.3	39.3	39.3	39.3	39.3	39.3	39.3	40.9	44.1	47.2	50.2
Tal-y-cefn Uchaf	39.2	39.2	39.2	39.2	39.2	39.2	39.2	40.2	43.4	46.6	49.8	52.8
Trawsnant	38.4	38.4	38.4	38.4	38.4	38.4	38.4	38.4	38.4	39.4	41.9	44.9
Boced	35.1	35.1	35.1	35.1	35.1	35.1	35.1	35.1	35.1	36.1	38.6	41.5
Bod Petryal	32.7	32.7	32.7	32.7	32.7	32.7	32.7	33.7	35.7	35.7	35.7	35.7
Bryn Bach	34.2	34.2	34.2	34.2	34.2	34.2	34.2	34.2	34.2	35.2	37.7	40.7
Bryn Gaseg	34.2	34.2	34.2	34.2	34.2	34.2	34.2	34.2	36.5	39.8	43.1	46.3
Bryn-celyn	33.8	33.8	33.8	33.8	33.8	33.8	33.8	34.8	36.8	36.8	36.8	36.8
Brynhyfryd	35.3	35.3	35.3	35.3	35.3	35.3	35.3	35.3	36.1	39.9	43.6	47.1
Bryn-y-gwrgi	37.6	37.6	37.6	37.6	37.6	37.6	37.6	37.6	39.3	42.5	45.6	48.6
Bryn-yr-eryr	33.1	33.1	33.1	33.1	33.1	33.1	33.1	33.1	35.5	38.8	42.1	45.3
Capel Hiraethog	38.2	38.2	38.2	38.2	38.2	38.2	38.2	38.2	38.2	38.2	40.0	42.9
Derwydd	35.2	35.2	35.2	35.2	35.2	35.2	35.2	35.2	37.6	40.8	44.2	47.4
Drws-y-Buddel	31.7	31.7	31.7	31.7	31.7	31.7	31.7	31.7	31.7	32.7	35.2	38.2
Foel	36.1	36.1	36.1	36.1	36.1	36.1	36.1	36.1	38.5	41.7	45.1	48.3
Garreg-Iwyd	32.0	32.0	32.0	32.0	32.0	32.0	32.0	32.0	32.0	33.4	36.1	38.8
Glan-y-gors	34.7	34.7	34.7	34.7	34.7	34.7	34.7	34.7	34.7	37.3	39.9	42.2
Hafod Olygfa	32.0	32.0	32.0	32.0	32.0	32.0	32.0	34.6	38.7	42.1	45.2	48.3
Hafotty Bach	36.3	36.3	36.3	36.3	36.3	36.3	36.3	36.3	36.3	37.3	39.9	42.8
Hafotty Hendre	39.6	39.6	39.6	39.6	39.6	39.6	39.6	39.6	41.2	44.4	47.5	50.5
Isgaer-wen	38.0	38.0	38.0	38.0	38.0	38.0	38.0	38.0	38.2	41.0	43.8	46.5
Lodge Isaf	35.5	35.5	35.5	35.5	35.5	35.5	35.5	35.5	36.3	40.1	43.9	47.3
Lodge Uchaf	35.7	35.7	35.7	35.7	35.7	35.7	35.7	35.7	36.5	40.3	44.0	47.5
Maes Cadarn	37.8	37.8	37.8	37.8	37.8	37.8	37.8	37.8	37.8	37.8	39.6	42.5
Nant Uchaf	38.1	38.1	38.1	38.1	38.1	38.1	38.1	38.1	38.1	39.1	41.6	44.6
Pantdedwydd	36.6	36.6	36.6	36.6	36.6	36.6	36.6	36.6	38.9	42.2	45.5	48.7
Pedair-a-dimai	31.9	31.9	31.9	31.9	31.9	31.9	31.9	31.9	34.3	37.6	40.9	44.1
Pen-Bedw	35.5	35.5	35.5	35.5	35.5	35.5	35.5	35.5	35.5	36.5	39.0	41.9
Pennant	38.3	38.3	38.3	38.3	38.3	38.3	38.3	38.3	38.3	38.3	40.1	43.0
Pennant Uchaf	32.5	32.5	32.5	32.5	32.5	32.5	32.5	32.5	32.5	34.6	37.3	40.0
Pen-y-bryn	35.2	35.2	35.2	35.2	35.2	35.2	35.2	36.2	38.2	38.2	38.2	38.2
Pen-y-Lan	37.4	37.4	37.4	37.4	37.4	37.4	37.4	37.4	37.4	38.4	40.9	43.8
Seler	38.3	38.3	38.3	38.3	38.3	38.3	38.3	38.3	38.3	39.3	41.8	44.8
Tai Ucha	38.2	38.2	38.2	38.2	38.2	38.2	38.2	38.2	38.2	39.2	41.7	44.7
Tai’n-y-graig	37.7	37.7	37.7	37.7	37.7	37.7	37.7	38.7	41.8	45.0	48.2	51.3
Tal y Cefn Isaf	38.8	38.8	38.8	38.8	38.8	38.8	38.8	38.8	40.5	43.7	46.8	49.8
Tan-y-bwlch	34.8	34.8	34.8	34.8	34.8	34.8	34.8	35.8	37.8	37.8	37.8	37.8
Ty Newydd	32.0	32.0	32.0	32.0	32.0	32.0	32.0	32.0	32.0	33.8	36.5	39.2
Ty-nant	37.7	37.7	37.7	37.7	37.7	37.7	37.7	37.7	40.1	43.4	46.7	49.9
Ty’n-y-ffordd	30.5	30.5	30.5	30.5	30.5	30.5	30.5	30.5	32.9	36.2	39.5	42.7
Ty-Uchaf	37.8	37.8	37.8	37.8	37.8	37.8	37.8	37.8	38.0	40.8	43.6	46.4
Waen Ganol	37.5	37.5	37.5	37.5	37.5	37.5	37.5	37.5	37.5	40.1	42.7	45.0
Waen Ganol2	37.2	37.2	37.2	37.2	37.2	37.2	37.2	37.2	37.2	39.8	42.4	44.7
Waen Uchaf	38.5	38.5	38.5	38.5	38.5	38.5	38.5	38.5	38.5	41.1	43.7	46.0
Wern Uchaf	27.3	27.3	27.3	27.3	27.3	27.3	27.5	29.5	31.8	34.3	37.0	39.7
Property	Easting	Northing
---	---	---
Bron Bannog	303230	352830
Castell y Waen	299803	362240
Cefn Rofft	300882	349754
Cefnbannog	302337	351034
Crud-y-Gwynt	302463	354928
Cruglas	302917	353853
Diffws	302388	357614
Hafod Caradoc	298722	359204
Hafod Ty Ddu	301570	359341
Hafotty Newydd	300176	354208
Plas Nant Glyn	300377	361202
Tai’n-y-Waens	299856	351666
Tal-y-cefn Uchaf	299732	352723
Trawsnant	302393	356134
Boced	302976	358286
Bod Petryal	303760	351073
Bryn Bach	302098	358784
Bryn Gaseg	300677	349373
Bryn-celyn	302053	349903
Brynhyfryd	303561	351370
Bryn-y-gwrgi	299592	350697
Bryn-yr-eryr	300984	349178
Capel Hiraethog	303741	354707
Derwydd	300348	349609
Drws-y-Buddel	302225	359813
Foel	299701	350042
Garreg-Iwyd	300264	359607
Glan-y-gors	304906	351677
Hafod Olygfa	301400	359413
Hafotty Bach	303271	357991
Hafotty Hendre	300246	351304
Isgaer-wen	299620	354471
Lodge Isaf	303100	351300
Lodge Uchaf	302715	351159
Maes Cadarn	303961	355254
Nant Uchaf	302894	355876
Pantdedwydd	301360	349728
Pedair-a-dimai	300207	349245
Pen-Bedw	303639	357401
Pennant	303922	354677
Pennant Uchaf	299059	359533
Pen-y-bryn	301707	349724
Pen-y-Lan	303807	356760
Seler	302815	355559
Tai Ucha	302775	356368
Tai’n-y-graig	298676	352289
Tal y Cefn Isaf	299388	352000
Tan-y-bwlch	301894	349893
Ty Newydd	299434	359360
Ty-nant	300215	350152
Ty’n-y-ffordd	299922	349210
Ty-Uchaf	299007	353971
Waen Ganol	304136	353152
Waen Ganol2	304169	352986
Waen Uchaf	303718	353376
Wern Uchaf	298304	360149

Note to Table 2:The geographical coordinate references are provided for the purpose of identifying the general location of dwellings to which a given set of noise limits applies.

31

Within 21 days from the receipt of a written request from the relevant planning authority and following a complaint to the relevant planning authority from the occupant of a dwelling which lawfully existed or had planning permission at the date this Order came into force, the undertaker must, at its own expense, employ an independent consultant approved by the relevant planning authority to assess the level of noise immissions from the authorised development at the complainant’s property following the procedures described in the Noise Guidance in Part 4.

32

The undertaker must, if directed by the relevant planning authority, switch off any of the wind turbines in order to assess compliance with the noise limits.

33

The undertaker must provide to the relevant planning authority the independent consultant’s assessment and conclusions regarding the noise complaint, including all calculations, audio recordings and the raw data upon which those assessments and conclusions are based. Such information must be provided within 3 months of the date of the written request of the relevant planning authority unless otherwise extended in writing by the relevant planning authority.

34

The undertaker must continuously log wind speed wind direction and power generation at each of the turbines on the site relating to authorised development. The undertaker must continuously log wind speed and wind direction at all anemometer masts on the site. The undertaker must provide all logged data to the relevant planning authority at its written request and in accordance with the Noise Guidance within 28 days of such request. All data is to be retained until the commencement of a decommissioning and site restoration scheme under Requirement 5.

35

• (1) No authorised development may commence until an assessment demonstrating that noise from the electrical substation on the site would not exceed a level of 30 dB LAeq at the nearest residential property has been submitted to and approved in writing by the relevant planning authority.

• (2) The substation is to be constructed in accordance with the approved assessment.

PART 4 — Noise Guidance for Requirements 30 to 35

1

• (1) Values of the LA90,10min noise statistic shall be measured at the complainant’s property using a sound level meter of EN 60651/BS EN 60804 Type 1, or EN 61672 Class 1 quality (or the replacement thereof) set to measure using a fast time A-weighted response as specified in BS EN 60651/BS EN 60804 or BS EN 61672-1 (or the equivalent UK adopted standard in force at the time of the measurements). This shall be calibrated in accordance with the procedure specified in BS 4142:1997 (or its replacement). These measurements shall be made in such a way that the requirements of paragraph 3 shall also be satisfied.

• (2) The microphone should be mounted at 1.2 to 1.5 m above ground level, fitted with a two layer windshield (or suitable alternative approved in writing from the relevant planning authority), and placed outside the complainant’s dwelling. Measurements should be made in “free-field” conditions. To achieve this, the microphone should be placed at least 3.5m away from the building facade or any reflecting surface except the ground at a location that shall be agreed with the relevant planning authority.

• (3) The LA90,10min measurements shall be synchronised with measurements of the 10-minute arithmetic mean average wind speed and with operational data, including power generation information for each wind turbine, from the turbine control systems of the authorised development.

• (4) The undertaker shall continuously log arithmetic mean wind speed and arithmetic mean wind direction data in 10 minute periods from the hub height of anemometers located on the site permanent mast unless otherwise requested by the relevant planning authority to enable compliance with the requirements to be evaluated. The mean wind speed data shall be ‘standardised’ to a reference height of 10 metres as described in ETSU-R-97[^f00023] at page 120 using a reference roughness length of 0.05 metres. It is this standardised 10m height wind speed data which is correlated with the noise measurements of paragraph 2(1) in the manner described in paragraph 2(3).

2

• (1) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in sub-paragraph (2). Such measurements shall provide valid data points for the range of wind speeds, wind directions, times of day and power generation requested by the relevant planning authority. In specifying such conditions the relevant planning authority shall have regard to those conditions which were most likely to have prevailed during times when the complainant alleges there was disturbance due to noise. At its request the undertaker shall provide within 28 days of the completion of the measurements all of the data collected under Requirement 31 to the relevant planning authority.

• (2) Valid data points are those measured in the climatic conditions specified by the relevant planning authority but excluding periods of rain. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurement periods set out in paragraph 1(3) and is situated in the vicinity of the sound level meter.

• (3) A least squares, “best fit” curve of a maximum 4th order polynomial or otherwise as may be agreed with the relevant planning authority shall be fitted between the standardised mean wind speed (as defined in paragraph 1(4)) plotted against the measured LA90,10min noise level. The noise level at each integer speed shall be derived from this best-fit curve.

3

Where, in the opinion of the relevant planning authority, noise immissions at the location or locations where assessment measurements are being undertaken contain a tonal component, the following rating procedure shall be used—

• (a) for each 10-minute interval for which LA90,10min data have been obtained as provided for in paragraph 1, a tonal assessment shall be performed on noise immissions during 2-minutes of each 10-minute period. The 2-minute periods shall be regularly spaced at 10-minute intervals provided that uninterrupted clean data are available. Where clean data are not available, the first available uninterrupted clean 2 minute period out of the affected overall 10 minute period shall be selected. Any such deviations from standard procedure as described in Section 2.1 on pages 104 – 109 of ETSU-R-97 shall be reported;

• (b) for each of the 2-minute samples the margin above or below the audibility criterion of the tone level difference, Ltm (Delta Ltm), shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104-109 of ETSU-R-97;

• (c) the margin above audibility shall be plotted against wind speed for each of the 2-minute samples. For samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be substituted;

• (d) a linear regression shall then be performed to establish the margin above audibility at the assessed wind speed for each integer wind speed. If there is no apparent trend with wind speed then a simple arithmetic average shall be used;

• (e) the tonal penalty shall be derived from the margin above audibility of the tone according to the figure below. The rating level at each wind speed shall be calculated as the arithmetic sum of the measured noise level from the authorised development, as determined from the best-fit curve described in paragraph 2, and the penalty for tonal noise.

4

If the measured noise level from the authorised development (including the application of any tonal penalty as per paragraph 3) is above the limit set out in the requirements, measurements of the influence of background noise shall be made to determine whether or not there is a breach of Requirement 30 or 35. This may be achieved by repeating the steps in paragraphs 1 and 2 with all of the wind turbines switched off in order to determine the background noise, L3, at the assessed wind speed. The wind turbine noise at this wind speed, L1, is then calculated as follows, where L2 is the measured noise level from the authorised development at the assessed wind speed with turbines running but without the addition of any tonal penalty—

$L 1 =10log[ 10 L 2 10 −10 L 3 10 ]$

The measured noise level from the authorised development is re-calculated by adding the tonal penalty (if any) to the corrected noise level L₁.

SCHEDULE 2 — Streets subject to street works

(1)	(2)
Area	Street subject to street works
County of Denbighshire	Unclassified public road shown as PR1 on the access plan
County of Denbighshire	Unclassified public road shown as PR2 on the access plan
County of Denbighshire	Unclassified public road shown as PR3 on the access plan
County of Denbighshire	Footpath FP 12
County Borough of Conwy	Footpath FP 10
County Borough of Conwy	Footpath FP 15
County of Denbighshire and County Borough Conwy	Footpath FP 142
County of Denbighshire and County Borough Conwy	Footpath FP 13
County of Denbighshire and County Borough Conwy	Footpath FP 14
County of Denbighshire and County Borough Conwy	Unclassified public road shown as PR5 on the access plan

SCHEDULE 3 — Streets to be stopped up

(1)	(2)	(3)	(4)
Area	Street to be stopped up	Extent of stopping up	New street to be substituted
County of Denbighshire	Footpath FP 19	Between points P1 and P2	Footpath between points P1, P3 and P4

SCHEDULE 4 — Streets to be temporarily stopped up

(1)	(2)	(3)
Area	Street to be temporarily stopped up	Extent of temporary stopping up
County of Denbighshire	Unclassified public road shown as PR1 on the access plan	Between points T1 and T2
County of Denbighshire	Unclassified public road shown as PR2 on the access plan	Between points T2 and T3
County of Denbighshire	Unclassified public road shown as PR3 on the access plan	Between points T4 and T5
County of Denbighshire	Footpath FP 12	Between points T12 and T13
County Borough of Conwy	Footpath FP 10	Between points T24 and T25
County Borough of Conwy	Footpath FP 15	Between points T22 and T28
County of Denbighshire and County Borough Conwy	Footpath FP 142	Between points T8 and T9
County of Denbighshire and County Borough Conwy	Footpath FP 13	Between points T13 and T14
County of Denbighshire and County Borough Conwy	Footpath FP 14	Between points T13, T15 and T16
County of Denbighshire and County Borough Conwy	Unclassified public road shown as PR5 on the access plan	Between points T6 and T7

SCHEDULE 5 — Access to works

(1)	(2)
Area	Description of access
County of Denbighshire	Unclassified Road north of Clocaenog Forest B5105

SCHEDULE 6 — Land subject to acquisition of new rights and interference with private rights

PART 1 — Land subject to acquisition of new rights

(1)	(2)
Number of land shown on land plan	Purpose for which rights may be acquired
9. 10, 11, 12, 13	Right to install cables in the public highway

PART 2 — Land subject to interference with private rights

(1)	(2)
Number of land shown on land plan	Rights to be interfered with
1	Mineral rights
2, 3, 4, 5, 6, 7	Private rights of way
8	Private rights of way, fishing and sporting rights and rights to water cattle, sheep, horses and other stock at reservoir

SCHEDULE 7 — Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973[^f00024]is to have effect subject to the modifications set out in sub-paragraphs (2) and (3).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

• (a) for the words “land is acquired or taken” there shall be substituted the words “a right is purchased from”; and

• (b) for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.

• (3) In section 58(1) (determination of material detriment where part of house etc proposed for compulsory acquisition) as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

• (a) for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over land consisting”;

• (b) for the word “severance” there shall be substituted the words “right affecting the whole of the house, building or manufactory or of the house and the park or garden”;

• (c) for the words “part proposed” there shall be substituted the words “right proposed”; and

• (d) for the words “part is” there shall be substituted the words “right is”.

Application of the 1965 Act

3

• (1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired; or

• (b) the land over which the right is or is to be exercisable.

• (2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following section—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, the Clocaenog Forest Wind Farm Order 2014 (“the Order”) shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land);

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.

8

Section 20 of the 1965 Act (protection for interests of tenants at will, etc) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9

Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

SCHEDULE 8 — Protection for electricity, gas, water and sewerage undertakers

1

For the protection of the utility undertakers referred to in this Schedule the following provisions shall, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned, have effect.

2

In this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means— in the case of an electricity utility undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989)[^f00025], belonging to or maintained by that utility undertaker; in the case of a gas utility undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water utility undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and in the case of a sewerage utility undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991[^f00026]; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and

• “utility undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00027]; a water utility undertaker within the meaning of the Water Industry Act 1991; and a sewerage utility undertaker within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

3

This Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4

Regardless of any provision in this Order or anything shown on the land plans, the undertaker may not acquire any apparatus otherwise than by agreement.

5

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus may not be removed under this Schedule and any right of a utility undertaker to maintain that apparatus in that land may not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it shall give to the utility undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker shall, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question shall, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Schedule shall be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 37 (arbitration).

• (5) The utility undertaker in question shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 37 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, shall be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

• (7) Nothing in sub-paragraph (6) shall authorise the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

6

• (1) Where, in accordance with the provisions of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 37 (arbitration).

• (2) In settling those terms and conditions in respect of alternative apparatus to be constructed in or along any railway of the undertaker, the arbitrator shall—

• (a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the undertaker or the traffic on the railway; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the railway for which the alternative apparatus is to be substituted.

• (3) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms arid conditions to which those facilities and rights are subject, the arbitrator shall make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

7

• (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 5(2), the undertaker shall submit to the utility undertaker in question a plan, section and description of the works to be executed.

• (2) Those works shall be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub‑paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker shall be entitled to watch and inspect the execution of those works.

• (3) Any requirements made by a utility undertaker under sub-paragraph (2) shall be made within a period of 21 days beginning with the date on which a plan, section and description under subparagraph (1) are submitted to it.

• (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 6 shall apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).

• (5) Nothing in this paragraph shall preclude the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan, section and description.

• (6) The undertaker may not be required to comply with sub-paragraph (1) in a case of emergency but in that case it shall give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and shall comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

8

• (1) Subject to the following provisions of this paragraph, the undertaker shall repay to a utility undertaker the reasonable expenses incurred by that utility undertaker in, or in connection with, the—

• (a) the inspection, removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Schedule (including any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or exercise of statutory powers for such apparatus);

• (b) the cutting off of any apparatus from any other apparatus, or the making safe of any redundant apparatus in consequence of the exercise by the undertaker of any power under this Order;

• (c) the survey of any land, apparatus of works, the inspection, superintendence and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the exercise by the undertaker of any power under this Order; and

• (d) any other work or thing rendered reasonably necessary in consequence of the exercise by the undertaker of any such power,

within a reasonable time of being notified by the utility undertaker that it has incurred such expenses.

• (2) There shall be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Schedule, that value being calculated after removal.

• (3) If in accordance with the provisions of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions;or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 37 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) shall be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus may not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

9

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 5(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided by the utility undertaker, the undertaker shall—

• (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply;and

• (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) shall impose any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

• (3) A utility undertaker shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

10

Nothing in this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Signed

Signed by authority of the Secretary of State for Energy and Climate Change

Giles Scott — Head of Unit — Department of Energy and Climate Change — 11th September 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises RWE Innogy UK Limited to construct, operate and maintain a wind electricity generating station (comprised of up to 32 wind turbine generators) in Clocaenog Forest, North Wales, together with all necessary and associated development.

For the purposes of the development that it authorises, RWE Innogy UK Limited is authorised by the Order compulsorily or by agreement to purchase land and rights in land to use land, as well as to override easements and other rights.

The Order imposes requirements in connection with the development for which it grants development consent.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 36 (certification of plans, etc) of this Order may be inspected free of charge at the offices of Denbighshire County Council, County Hall, Wynnstay Road, Ruthin, LL15 1YN, and Conwy County Borough Council, Bodlondeb, Conwy, LL32 8DU.

Footnotes

[^f00001]: S.I. 2009/2264. Amended by S.I. 2010/602, 2012/635, 2012/2732.

[^f00002]: 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.

[^f00003]: S.I. 2010/103. Amended by SI 2012/635.

[^f00004]: 1961 c.33. Sections 1 and 4 were amended by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307). Sections 2 and 3 were repealed by that Order. There are other amendments to the 1961 Act which are not relevant to this Order.

[^f00005]: 1965 c.56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c.71). Section 5 was amended by sections 67 and 80 of, and Part 2 of Schedule 18 to, the Planning and Compensation Act 1991 (c.34). Subsection (1) of section 11 and sections 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c.67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). Section 12 was amended by section 56(2) of and Part 1 to Schedule 9 to, the Courts Act 1971 (c.23). Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c.39). Section 31 was also amended by section 70 of, and paragraph 19 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34) and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). There are other amendments to the 1965 Act which are not relevant to this Order.

[^f00006]: 1980 c.66. Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 (c.22); sections 1(2), 1(3) and l(4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c.51); section l(2A) was inserted, and section 1(3) was amended, by section 259 (1), (2) and (3) of the Greater London Authority Act 1999 (c.29); sections 1(3A) and 1(5) were inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 36(2) was amended by section 4(1) of, and paragraphs 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1985 (c.71), by S.I. 2006/1177, by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11), by section 64(1) (2) and (3) of the Transport and Works Act (c.42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c.37); section 36(3A) was inserted by section 64(4) of the Transport and Works Act 1992 and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985 (c.51); and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c.29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c.15). There are other amendments to the 1980 Act which are not relevant to this Order.

[^f00007]: 1984 c.27. Section 1 was amended by the New Roads and Street Works Act 1991 (c.22), the Environment Act 1995 (c.25), the Transport Act 2000 (c.38), the Local Transport Act 2008 (c.26). Section 9 was amended by the New Roads and Street Works Act 1991 (c.22), the Road Traffic Act 1991 (c.40) and the Local Government Act 1985 (c.51). Section 14 was amended by the Road Traffic (Temporary Restrictions) Act 1991 (c.26). Section 15 was amended by the Road Traffic (Temporary Restrictions) Act 1991 (c.26) and S.I. 2006/1177. There are other amendments to the 1984 Act which are not relevant to this Order.

[^f00008]: 1990 c.8. Section 2060) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c.29) (date in force to be appointed see section 241(3), (4)(a), (c) of the 2008 Act). There are other amendments to the 1990 Act which are not relevant to this Order.

[^f00009]: 1991 c.22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c.26). Sections 79(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

[^f00010]: 1981 c.67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00011]: 1964 c.40. Paragraph 9B was inserted into Schedule 2 by the Transport and Works Act 1992 (c.42), section 63(1) and Schedule 3, paragraph 9(1) and (5). There are other amendments to the 1964 Act which are not relevant to this Order.

[^f00012]: 2003 c.21. There are amendments to this Act which are not relevant to this Order.

[^f00013]: Electricity Act 1989 (c.29) Section 6 has been amended by the Utilities Act 2000 (c.27), Energy Act 2004 (c.20), Climate Change Act 2008 (c.27), Energy Act 2011 (c.16), S.I. 2011/2704 and S.I. 2012/2400.

[^f00014]: 1990 c.43. There are amendments to this Act which are not relevant to this Order.

[^f00015]: 1974 c.40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990 (c.25). There are other amendments to the 1974 Act which are not relevant to this Order.

[^f00016]: 1991 c.56. Section 106 was amended by sections 36(2) and 99 of the Water Act 2003 (c.37). There are other amendments to this section which are not relevant to this Order.

[^f00018]: 1981 c.66. Sections 2 and 116 were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00019]: 1981 c.67. Sub-paragraph (5) of paragraph 1 of Part 1 of Schedule 2 was amended by section 67 of, and paragraph 27(3) of Schedule 9 to, the Coal Industry Act 1994 (c.21) and paragraph 8 of Part 3 of Schedule was amended by section 46 of the Criminal Justice Act 1982 (c.48). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00020]: 1981 c. 66. Sections 2(3), 6(2) and 11(6) were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11). Section 15 was amended by sections 56 and 321(1) of and Schedules 8 and 16 to, the Housing and Regeneration Act 2008 (c. 17). Paragraph 1 of Schedule 2 was amended by section 76 of, and Parr 2 of Schedule 9 to, the Housing Act 1988 (c 50); section 161(4) of, and Schedule 19 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28); and sections 56 and 3210) of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 3 of Schedule 2 was amended by section 76 of, and Schedule 9 to, the Housing Act 1988 and section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 2 of Schedule 3 was repealed by section 277 of, and Schedule 9 to, the Inheritance Tax Act 1984 (c. 51). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00021]: 1857 c.81. There are amendments to this Act which are not relevant to this Order.

[^f00022]: 1978 c.30.

[^f00023]: “The Assessment and Rating of Noise from Wind Farm” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI).

[^f00024]: 1973 c.26.

[^f00025]: 1989 c.29.

[^f00026]: 1991 c.56.

[^f00027]: 1986 c.44.

Editorial notes

[^key-a0e3169ae0ed0b04c54ce8b97ab0153f]: Art. 1 in force at 2.10.2014, see art. 1

[^key-8d3fc2f9f153b5ab81ffd219f40a9b1d]: Art. 2 in force at 2.10.2014, see art. 1

[^key-1e67ac9b88ce41e7fc33e1ba09952267]: Art. 3 in force at 2.10.2014, see art. 1

[^key-50b6a053381753d08aba904a25d72245]: Art. 4 in force at 2.10.2014, see art. 1

[^key-d63076122985386bbde3310fcca81567]: Art. 5 in force at 2.10.2014, see art. 1

[^key-46b03a3454a92ef87fd6d23a1252b875]: Art. 6 in force at 2.10.2014, see art. 1

[^key-f48b25da40651678cc26d924ce55df51]: Art. 7 in force at 2.10.2014, see art. 1

[^key-fa69c147c4af649adfbeabcbabe60248]: Art. 8 in force at 2.10.2014, see art. 1

[^key-eb085664e77f3f9127580763be5479be]: Art. 9 in force at 2.10.2014, see art. 1

[^key-29a18a04bbd6d8c6e8bfb9e87a0100ff]: Art. 10 in force at 2.10.2014, see art. 1

[^key-3a8dfaa12323fda48069bb8b6fa06742]: Art. 11 in force at 2.10.2014, see art. 1

[^key-fb0c192434058ebecec2471365cd5f74]: Art. 12 in force at 2.10.2014, see art. 1

[^key-44a568e4447202ca5f4358824c7fb314]: Art. 13 in force at 2.10.2014, see art. 1

[^key-9299066fdeec5874d0c3f9133a33153b]: Art. 14 in force at 2.10.2014, see art. 1

[^key-76ce2823aaa91b2fddb10ede12746f20]: Art. 15 in force at 2.10.2014, see art. 1

[^key-bb6fbdcc26b92a8d526ee6378afd40ee]: Art. 16 in force at 2.10.2014, see art. 1

[^key-19abb9f9cdf4dbd84e581e53b371ccb3]: Art. 17 in force at 2.10.2014, see art. 1

[^key-9cb7d8b913b2b979eeec15c00421cc19]: Art. 18 in force at 2.10.2014, see art. 1

[^key-5096463688f5bd5838823234f3e988a4]: Art. 19 in force at 2.10.2014, see art. 1

[^key-506f834f6176dbdc89c6f98d37ec131c]: Art. 20 in force at 2.10.2014, see art. 1

[^key-6a8d68099669ec5aa88da5bb4971ea4e]: Art. 21 in force at 2.10.2014, see art. 1

[^key-e3a696505fdb6c99967f57e8c367ce48]: Art. 22 in force at 2.10.2014, see art. 1

[^key-c2c8e792c1baf5d6c99ce8451ce79fa4]: Art. 23 in force at 2.10.2014, see art. 1

[^key-19b9cc71bc4831161ba3c0a957806102]: Art. 24 in force at 2.10.2014, see art. 1

[^key-c3e30107ab1c33cf9427b26341d3c3c2]: Art. 25 in force at 2.10.2014, see art. 1

[^key-f3785a51faab68fb7b792a91fae966d1]: Art. 26 in force at 2.10.2014, see art. 1

[^key-eb5120a548fdbe6732314df3ba97afe7]: Art. 27 in force at 2.10.2014, see art. 1

[^key-f72e4055e2a422a91dc013fc129ab59d]: Art. 28 in force at 2.10.2014, see art. 1

[^key-27da8441790a84ce388a43b4cf5d8751]: Art. 29 in force at 2.10.2014, see art. 1

[^key-e161be883b1582c62c87807f4f112dec]: Art. 30 in force at 2.10.2014, see art. 1

[^key-a4ee9ad6d26f29511f3140393247b080]: Art. 31 in force at 2.10.2014, see art. 1

[^key-82d1b86c4940bdbf06ea70063a0ade61]: Art. 32 in force at 2.10.2014, see art. 1

[^key-db67628515520cbdb3a233e215b8a067]: Art. 33 in force at 2.10.2014, see art. 1

[^key-e419218ac890b278559ab18458c1451c]: Art. 34 in force at 2.10.2014, see art. 1

[^key-3a5877e7ec437400d2fcba1f9e14e5b4]: Art. 35 in force at 2.10.2014, see art. 1

[^key-11befdef2c2224bdef296d5742e56cd4]: Art. 36 in force at 2.10.2014, see art. 1

[^key-3c3c391da40a59e74312088d7a5668ec]: Art. 37 in force at 2.10.2014, see art. 1

[^key-207032e1d2da16c8f2dbbbabdaf22bb8]: Sch. 1 Pt. 2 para. 1 in force at 2.10.2014, see art. 1

[^key-c7289eee16d42d414b60c257d3f746fd]: Sch. 1 Pt. 3 para. 1 in force at 2.10.2014, see art. 1

[^key-14d8d9847ce16af24b6c80b7e8b907c6]: Sch. 1 Pt. 3 para. 2 in force at 2.10.2014, see art. 1

[^key-12f1c1620f97ecd4e6ad7a1f758654dd]: Sch. 1 Pt. 3 para. 3 in force at 2.10.2014, see art. 1

[^key-e58b645879451ea6fea370288800d127]: Sch. 1 Pt. 3 para. 4 in force at 2.10.2014, see art. 1

[^key-e8e503682d20d3453176e293b5416a2d]: Sch. 1 Pt. 3 para. 5 in force at 2.10.2014, see art. 1

[^key-64e4fe40c57e55cf57c7de40d49914ad]: Sch. 1 Pt. 3 para. 6 in force at 2.10.2014, see art. 1

[^key-62189dff884fce6f6a0a17dfafd41b3e]: Sch. 1 Pt. 3 para. 7 in force at 2.10.2014, see art. 1

[^key-441927e34ee796bce5d29c7e7c677c3e]: Sch. 1 Pt. 3 para. 8 in force at 2.10.2014, see art. 1

[^key-59d85f9d450817418546d017b89de95c]: Sch. 1 Pt. 3 para. 9 in force at 2.10.2014, see art. 1

[^key-189d494c146ae7a724baca361386c85b]: Sch. 1 Pt. 3 para. 10 in force at 2.10.2014, see art. 1

[^key-d4a7444c3ca20572237a6e4eb1f49402]: Sch. 1 Pt. 3 para. 11 in force at 2.10.2014, see art. 1

[^key-d9c32735d3b0b1aa56a3de612898298a]: Sch. 1 Pt. 3 para. 12 in force at 2.10.2014, see art. 1

[^key-9ea1385787f621c65f70522e52e1c65b]: Sch. 1 Pt. 3 para. 13 in force at 2.10.2014, see art. 1

[^key-f5a8ac8909107e9af70e9a0fea1c2164]: Sch. 1 Pt. 3 para. 14 in force at 2.10.2014, see art. 1

[^key-b6f899b73c260096ad209f151cc8c088]: Sch. 1 Pt. 3 para. 15 in force at 2.10.2014, see art. 1

[^key-d1db81f4a3f81964c2379ef7edf7363d]: Sch. 1 Pt. 3 para. 16 in force at 2.10.2014, see art. 1

[^key-884780b791ccdd6b7a771061199a4922]: Sch. 1 Pt. 3 para. 17 in force at 2.10.2014, see art. 1

[^key-9613f6db6e11782b5c91279d16a7ebad]: Sch. 1 Pt. 3 para. 18 in force at 2.10.2014, see art. 1

[^key-d81b4d102929528b6c1c4e19be4ef1f0]: Sch. 1 Pt. 3 para. 19 in force at 2.10.2014, see art. 1

[^key-073153340c531edadef4073a0d63bb74]: Sch. 1 Pt. 3 para. 20 in force at 2.10.2014, see art. 1

[^key-ceae2bf2265a6d89f6b17aa357d88a25]: Sch. 1 Pt. 3 para. 21 in force at 2.10.2014, see art. 1

[^key-1e2c9d8df7f6165a30b39f539b66d17c]: Sch. 1 Pt. 3 para. 22 in force at 2.10.2014, see art. 1

[^key-55af53a69bb46f7019d413b49925b747]: Sch. 1 Pt. 3 para. 23 in force at 2.10.2014, see art. 1