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The Swansea Bay Tidal Generating Station Order 2015

Type Statutory-Instrument

Publication 2015-06-09

Last updated 2024-11-04

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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In Swansea Bay and the City and County of Swansea and the County Borough of Neath Port Talbot Work No. 1a — A western seawall crested by a road and footway commencing at 266417E; 189134N as shown on works plans 1, 4, 7 and 9 approximately 2700m in length and incorporating— a low voltage substation; provision of and for lighting; one or more slipways, jetties, access points and associated hardstanding for boats used in connection with the operation and maintenance of the generating station; a landscaped area where the seawall makes landfall; and operation and maintenance facilities within the seawall together with sufficient foundation areas and pilings to enable construction of an offshore building centred on grid reference 266218E; 189338N containing an administration and engineering suite. Work No. 1b — An eastern seawall crested by a road and footway commencing at 266420E; 189131N approximately 6800m in length and incorporating provision of and for lighting. Work No. 2a — A turbine and sluice gate housing structure located between 266417E; 189134N and 266410E; 189131N as shown on works plans 2, 6, 8 and 9, measuring approximately 410m in length and 67.5m in width containing up to 16 variable speed hydro-turbines with a gross combined installed generating capacity of up to or equal to 320MW, and up to 10 sluice gates and incorporating— a switch room; scour protection; associated electrical equipment and transformers; dividing structures and wingwalls; and a maximum of 4 external gantry cranes and such infrastructure works or plant as may be necessary for the purposes of operating and maintaining the sluices and turbines. The Works No. 1a, 1b and 2a are also to incorporate localised widening of the seawall to provide— viewing areas; and siting locations for works of public art. Work No. 5a — A 275kV grid connection laid underground consisting of 3 single phase cables and other electric cables connecting Work No. 2a (266120E; 189499N) to 266970E; 191821N. Work No. 6a — A work consisting of the construction of a jetty or mole and floating pontoons and piles or dolphins, located from 267494E; 191898N to 266998E; 191498N. Work No. 6b — A work consisting of construction of onshore operation and maintenance facilities comprising— an onshore building centred on 267129E; 191741N comprising— a hatcheries and laboratories; maintenance workshops and spares stores; garaging for operation and maintenance vehicles; storage for boats associated with the operation and maintenance of the generating station; a control room; staff office accommodation; and staff welfare facilities; and provision to allow construction within the area of Work No. 6b of— outdoor parking spaces for operation and maintenance vehicles and essential visitors to the generating station; outdoor emergency access facilities to enable rapid access to the authorised works. Work No. 7a — A new internal access road comprising 2 carriageways together with a fence in between running in a north-easterly direction from 267048E; 191928N to 269035E; 192887N. Work No. 7g — A work for a new access track at the eastern seawall landfall running in an easterly direction from 269016E; 192826N to 270275E; 192496N. And in connection with such works and to the extent that they do not otherwise form part of any such work, further development including mitigation, being part of the nationally significant infrastructure project comprising— temporary construction works, including workshops and stores, storage areas for rock armour, working areas, laydown areas, construction sites, internal site roads and vehicle parking facilities; to the extent required for mitigation, the landscaping elements of the Broad Seaward Park, Narrow Seaward Park, and Landward Ecological Park as described in the design and access statement, including works to existing wave protection walls; habitat creation (including mariculture); navigational aids; bunds, embankments, swales, landscaping and boundary treatments and fencing; to the extent shown on the demolition plan, the alteration, removal, clearance, refurbishment, reconstruction, decommissioning and demolition of any buildings and structures within the Order limits; the provision of footpaths; lighting columns and lighting; and safety/emergency points.

PART 1B — Ancillary and necessary works

Works within the Order limits to the extent necessary and ancillary to the construction, operation and maintenance of a nationally significant infrastructure project and forming part of that project being an offshore generating station as defined in sections 14(1)(a) and 15(3) of the 2008 Act comprising—

Work No. 2b — A temporary offshore work consisting of a sediment berm cofferdam for the purposes of constructing Work No. 2a as shown on works plan 2.2.8B and having wall heights not exceeding 16.5m above Chart Datum.

Work No. 2c — An offshore work comprising up to 15 dolphin piles with lights, cable booms or floating buoys in between located up to 500m seaward from the outer edge of Work No. 2a (266113E; 189484N) for the purposes of demarcating a safety zone as shown on works plan 2.2.8B and works section 2.2.16A.

Work No. 2d — An offshore work comprising buoys (with or without lights) with or without floating booms located up to 500m landward from the outer edge of Work No. 2a (266123E; 189494N) for the purposes of demarcating a safety zone as shown on works plan 2.2.8B and works section 2.2.16A.

Work No. 3 — An offshore work consisting of a buried pipeline the uppermost surface of which shall be below the level of the surrounding sea bed for the extension of the existing long sea sewage outfall from 268408E; 189407N to 268030E; 187224N and replacement of diffuser apparatus.

Work No. 4 — An offshore work consisting of a new eastern channel training wall in the River Neath providing for the relocation of Monkstone lights from 270138E; 190336N to 271033E; 191419N which work must not exceed the heights shown on works section 2.2.15A.

Work No. 9 — Reclamation of land to establish a saltmarsh habitat area of up to 5ha and coastal grassland habitat area of up to 3ha including pedestrian and cycle routes and structures as shown on works plans 2.2.2B and 2.2.3B.

Work No. 10 — Reclamation of land to establish a new coastal grassland and dune area of up to 11 ha. close to the landfall of Work No. 1b as shown on works plan 2.2.3B incorporating— a beach area; a visitor/information point to serve Crymlyn Burrows SSSI as shown on planning drawing 2.4.58; and extension of the existing surface drainage outfalls serving Fabian Way, and to the extent that they do not otherwise form part of any numbered work, further ancillary works comprising— oyster spatting ponds; installation of services along eastern and western seawalls, including electricity and telecommunications; buoys, beacons, fenders and other navigational aids, warning or ship impact protection works; temporary land places, moorings and other means of accommodating vessels in the construction of the works set out in Part 1A and this Part; and works to alter the position of apparatus on, over or under tidal waters or tidal lands within the Order limits.

PART 2 — Dimensions of structures

(1)	(2)	(3)
Structure	Maximum height (metres) above ordinance datum	Maximum width/length
Seawall	9 (14m above chart datum)	N/A
Turbine and sluice gate housing structure	11.5 (16.5m above chart datum)	128m/410m
Operation and maintenance facilities within seawall and foundations and pilings for the offshore building centred on grid reference 266218E; 189338N	(14m above chart datum)
Onshore building	13.5m	18m/120m
Crymlyn Burrows SSSI visitor information point	12m	Refer to drawing 2.4.58
Gantry cranes	22.5 (27.5m above chart datum)	N/A

PART 3 — Requirements

Interpretation

1

In this Part—

“AEMP” means the Adaptive Environmental Management Plan to be submitted and approved pursuant to Requirement 6;

“authorised development” means the works set out in Parts 1A, 1B and 2 of this Schedule (authorised development, and ancillary and necessary works);

“CEMP” means the Construction Environmental Management Plan to be submitted and approved pursuant to Requirement 5;

“CPTMP” means the construction phase traffic management plan to be submitted and approved pursuant to Requirement 21;

“DCWW” means Dŵr Cymru Cyfyngedig (Company Reference Number: 2366777) whose registered office is at Pentwynn Road, Nelson, Treharris CF46 6LY;

“major event” means an event likely to generate vehicular traffic capable of occupying more than the aggregate number of visitor parking spaces within the authorised development;

“OEMP” means the Operational Environmental Management Plan to be submitted and approved pursuant to Requirement 5;

“operate” means operate the authorised development for generation of electricity for transmission to the national electricity grid following completion of wet commissioning and “operation” and “operating” is to be constructed accordingly;

“OPTMP” means the Operational Phase Travel Management Plan to be submitted and approved pursuant to Requirement 22;

“outline Adaptive Environmental Management Plan” means the outline Adaptive Environmental Management Plan dated 25th November 2014 certified as such by the Secretary of State for the purposes of this Order;

“outline Construction Environmental Management Plan” means the outline Construction Environmental Management Plan dated 25th November 2014 certified as such by the Secretary of State for the purposes of this Order;

“outline construction phase traffic management plan” means the outline construction phase traffic management plan annexed to the outline Construction Environmental Management Plan;

“outline Operational Environmental Management Plan” means the outline Operational Environmental Management Plan dated 4th November 2014 certified as such by the Secretary of State for the purposes of this Order;

“outline operational phase traffic management plan” means the outline operational phase traffic management plan submitted with the application certified as such by the Secretary of State for the purposes of this Order.

Time limits, etc.

2

The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into effect.

3

(1) The authorised development must not commence until a construction phasing scheme for the authorised development has been submitted to and approved in writing by the relevant planning authorities. The phasing scheme must set out the sequence of construction of the authorised development and under which requirements approvals are to be sought in whole or in part depending on the contents of the construction phasing scheme.

(2) Where a construction phasing scheme has been submitted to and approved by the relevant planning authorities, the details to be submitted to the relevant planning authorities to discharge any requirement may relate to a particular construction phase only, in order that the construction or operation of that phase may commence in accordance with the approved details for that phase alone. Where details have not been submitted in relation to any particular construction phase, then construction of that phase must not commence until the relevant part of any requirement has been discharged in relation to that phase. Construction must then be carried out in accordance with any relevant approval.

Detailed design

4

(1) The authorised development comprised in Works No. 2b, 2c, 2d, 3, 4, 5a, 7a and 7g, must be carried out in accordance with the relevant works plans and planning drawings in Schedule 7.

(2) The authorised development seaward of mean low water ... comprised in Work No. 1a must be carried out in accordance with the relevant works plans and planning drawings in Schedule 7 so far as those drawings refer to works that are within the description of Work No. 1a in Part 1A of Schedule 1.

(3) The authorised development seaward of mean low water ... comprised in Work No. 1b must be carried out in accordance with the relevant works plans and planning drawings in Schedule 7 so far as those drawings refer to works that are within the description of Work No. 1b in Part 1A of Schedule 1.

(4) The authorised development comprised in Work No. 2a must be carried out in accordance with the relevant works plans and planning drawings in Schedule 7 so far as those drawings refer to works that are within the description of Work No. 2a in Part 1A of Schedule 1.

(5) No authorised development is to commence until the reserved details of the landward parts above mean low water ... of Works No. 1a and 1b and of all other works referred to in Parts 1A and 1B of Schedule 1 have been submitted to and approved by the relevant planning authorities.

(6) Where reserved details have been approved by the relevant planning authorities, the authorised development must be carried out in accordance with those details.

(7) In this Requirement “reserved details” means details of layout, scale, siting, design, dimensions and external appearance.

Construction Environmental Management Plans

5

(1) No authorised development are to commence until a CEMP substantially in accordance with the outline Construction Environmental Management Plan, has been submitted to and approved by the relevant planning authorities in consultation with Natural Resources Wales.

(2) All construction work must be carried out in accordance with the CEMP approved under sub-paragraph (1).

(3) No operation of the authorised development is to commence until an OEMP, substantially in accordance with the outline Operational Environmental Management Plan, has been submitted to and approved by the relevant planning authorities.

(4) Operation of the authorised development must be in accordance with the approved OEMP.

(5) The CEMP and OEMP must include, but not be limited to, mechanisms for the provision and implementation of the following mitigation matters—

(a) lagoon wardens during the operational phase, whose responsibilities include (but are not limited to) securing the delivery of the OEMP and managing public access;

(b) a Reptile Strategy which provides for their habitat retention and management, and where necessary, their translocation to suitable receptor sites;

(d) providing that reversing alarms which are not audible beyond the development site boundaries must be fitted on any Heavy Goods Vehicles (“HGVs”) and mobile plant that are active during the construction phase during hours of darkness, weekends (Saturdays and Sundays) and bank holidays.

Adaptive Environmental Management Plan

6

(1) No authorised development are to commence until an AEMP, substantially in accordance with the outline Adaptive Environmental Management Plan, has been submitted to and approved by the relevant planning authorities in consultation with Natural Resources Wales.

(2) The approved AEMP must contain provision for the revision from time to time of the monitoring and management measures that it contains in order to achieve the objectives set out in the outline Adaptive Environmental Management Plan.

(3) Construction and operation of the authorised development must be carried out in accordance with the approved AEMP as it subsists from time to time.

(4) The undertaker is to be responsible for the implementation of measures contained in or determined pursuant to the AEMP.

(5) The AEMP must include mechanisms for the delivery of mitigation to manage restoratively any adverse impacts resulting from the development, to habitats, species and sediment distributions on the Swansea Bay seafront arising from—

(a) increases in mud deposition within the lagoon;

(b) increases in windblown sand hazards; and

(6) The AEMP must include a scheme for the monitoring and management of siltation in the Monkstone Marina.

(7) The AEMP must provide for the appointment of a Core Review Group to include representatives of the undertaker, Natural Resources Wales and the 2 relevant planning authorities and to be chaired by an independent person selected by the Core Review Group.

Provision of landscaping

7

(1) The authorised development is not to be commenced until a detailed landscaping scheme and associated working programme for the authorised development reflecting the principles of the design and access statement has been submitted to and approved by the relevant planning authorities.

(2) The landscaping scheme must include details of—

(a) works to existing wave protection walls;

(b) the location, number, species, size and planting density of proposed planting;

(d) any importation of materials and other operations to ensure plant establishment;

(e) proposed finished ground levels;

(f) planting and hard landscaping within the operational areas of the authorised development and the vehicular and pedestrian access, parking and circulation areas;

(g) the new beaches, saltmarshes and dunescapes to be constructed as part of the authorised development, including the method of construction, plant types, sizing and spacing, and the measures proposed for maintenance of areas;

(h) minor structures such as signage, refuse or other units and furniture;

(i) signage and cycle parking facilities on the access roads proposed as part of the authorised development;

(j) proposed and existing functional services above and below ground, including power and communications cables and pipelines, manholes and supports;

(k) the specified standard to which the works will be undertaken maintained and managed;

(l) the proposed term for which long term management is to be undertaken pursuant to Requirement 8(4); and

(m) a timetable for the implementation of all hard and soft landscaping works.

(3) All planting undertaken pursuant to the landscaping scheme is to comprise—

(a) species that would also enhance biodiversity and connect habitats; and

(b) stock of local provenance, where available.

(4) The details to be submitted under sub-paragraph (2) must not include any development or works that are not within the descriptions of the authorised development contained in this Schedule.

Implementation and maintenance of landscaping

8

(1) All landscaping works must be carried out in their entirety, maintained and managed in accordance with the detailed written landscaping scheme approved under Requirement 7 and to the specified standard.

(2) Any tree or shrub planted as part of the approved detailed landscaping scheme that is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in accordance with the specified standard of maintenance and management in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority.

(3) If any boundary shrub or vegetation is the subject of localised clearance for the purpose of construction of the authorised development, replacement planting must be undertaken to replace the extent of vegetation lost using locally occurring species to retain the existing vegetation pattern, unless otherwise approved by the relevant planning authority.

(4) Within 2 years from the commencement of operation of the authorised development a long term management plan for the period of operation of the development for the area of the authorised development within the jurisdiction of the City and County of Swansea Council prepared in accordance with the principles set out in the landscaping scheme shall be submitted for the approval of that Council, and all planting and landscaping must then be managed in accordance with the approved plan.

(5) Within 2 years from the commencement of operation of the authorised development a long term management plan for the period of operation of the development for the area of the authorised development within the jurisdiction of the Neath Port Talbot County Borough Council prepared in accordance with the principles set out in the landscaping scheme shall be submitted for the approval of that Council, and all planting and landscaping must then be managed in accordance with the approved plan.

Highway works

9

(1) No phase of the authorised development affecting an existing public highway is to commence until details of the siting, design and layout of the highway works have after consultation and highway authority for the works in question been submitted to and approved by the relevant planning authority.

(2) The highway works must be carried out in accordance with the approved details.

(3) The submitted details are to provide for—

(a) reinstatement of temporary works upon their completion;

(b) a site survey to identify pre-existing defects;

(d) construction of permanent works to adoptable standards.

(4) In this Requirement “the highway works” means the highway works comprised in Work No. 7a.

Fencing and other means of site perimeter enclosure

10

(1) Prior to commencement of each phase of the authorised development, written details of all proposed permanent or temporary fences, walls or other means of enclosure within that phase of the authorised development must be submitted to and approved by the relevant planning authorities.

(2) All construction sites must remain securely fenced at all times during construction of the authorised development in accordance with the approved scheme or schemes.

(3) All temporary fencing must be removed on completion of construction of the authorised development.

(4) All perimeter fences, walls or other means of site perimeter enclosure for the authorised development approved in accordance with sub-paragraph (1) must be completed prior to commencement of operation in accordance with the approved details.

(5) Such fencing must make provision for—

(a) the secure fencing of the Port of Swansea;

(b) fencing and means of access as is required to secure the proper management of access to Crymlyn Burrows SSSI from the authorised development; and

Operational surface and foul water drainage

11

(1) No part of the authorised development shall commence until a written scheme to deal with the details of the surface water drainage system and the sewage system (together, the “operational drainage scheme”) incorporating a sustainable urban drainage system so far as appropriate has been submitted to and approved by the relevant planning authority in consultation with the relevant drainage authority.

(2) The operational drainage scheme shall provide for—

(a) prior to commencement of development, a survey to be undertaken to identify existing site drainage within the Order limits including old surface water boreholes, disused draining networks from earlier developments and part-demolished sections of existing drainage and the decommissioning of any surface water drainage network or exposed boreholes so identified to the satisfaction of Natural Resources Wales;

(b) a rainwater harvesting system to be included in the authorised development;

(d) measures to avoid risk of spillage of contaminating material;

(e) the discharge of all aqueous effluents via the drainage system comprised in the authorised development;

(f) a system to collect and treat run off from stock piles prior to discharge to the surface water drainage system; and

(g) the avoidance of any tie-in to drains serving the A483 Fabian Way.

(3) The scheme must be implemented in accordance with the approved details prior to operation of the authorised development and maintained during the operation of the authorised development.

Contamination and groundwater

12

(1) Prior to the commencement of each phase of the authorised development a scheme to assess the nature and extent of any contamination on the Order land, and confirmation of whether or not it originates on the Order land must be submitted to and approved by the relevant planning authority in consultation with Natural Resources Wales. The investigation and risk assessment must be undertaken by competent persons in accordance with Land Contamination: A Guide for Developers and the EA/DeFRA Report CLR11 - Model Procedures for Management of Land Contamination and must be submitted as a written report. The written report is to include—

(a) a desktop study to identify all previous uses on the Order land and potential contaminants on land and controlled waters. The desktop study must establish a “conceptual site mode” (“CSM”) identifying all plausible pollutant linkages to be assessed;

(b) a survey of the extent, scale and nature of contamination;

(i) human health;

(ii) ground waters and surface waters;

(iii) adjoining land;

(iv) property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;

(v) ecological systems; and

(vi) archaeological sites and monuments of special historic interest;

(d) an appraisal of remedial options, and proposal of the preferred remedial options; and

(e) so far as relevant to land which is the subject of the written report in question, details of how the scheme has taken account of remediation works secured by an agreement under section 106 of the 1990 Act dated 20th November 2009 and made between Neath Port Talbot County Borough Council (1), St Modwen Developments Limited (2), St Modwen Properties PLC (3), BP Chemicals Limited (4) and BP Oil Llandarcy Refinery Limited (5) as well as consultation carried out with Baglan Bay Company Limited (company number 638328).

(2) Prior to the commencement of each phase of the authorised development a remediation scheme to bring the Order land to a condition suitable for the intended use by removing any unacceptable risks to human health, buildings, other property and the natural and historical environment must be submitted to and approved by the relevant planning authority. The remediation scheme must include all relevant works to be undertaken, proposed remediation objectives, remediation criteria and site management procedures. The measures proposed within the remediation scheme must be implemented in accordance with an approved programme of works contained in that scheme.

(3) Prior to operation of the relevant phase of authorised development commencing, a verification report which demonstrates the effectiveness of the agreed remediation works carried out in accordance with this Requirement must be submitted to and approved by the relevant planning authority.

(4) In the event that contamination is found at any time when carrying out the authorised development that was not previously identified, work on the affected area must cease immediately and shall be reported in writing to the relevant planning authority. A Desk Study, Site Investigation, Risk Assessment and where necessary a Remediation Strategy must be undertaken in accordance with Land Contamination - A Guide for Developers. The Desk Study, Site Investigation, Risk Assessment and any Remediation Strategy must be submitted to and approved by the relevant planning authority. Prior to operation of the development, a verification report which demonstrates the effectiveness of the approved remediation must be submitted to and approved by the relevant planning authority.

(5) In this Requirement “Land Contamination - A Guide for Developers” means the document entitled Land Contamination: A Guide for Developers (WLGA, WAG & EAW, 2012) certified as such by the Secretary of State for the purposes of this Order.

Storage of materials on site

13

(1) No part of the authorised development is to be brought into use until a written scheme to deal with handling and onsite storage of process chemicals, cleaning substances, fuels, oils and lubricants on site has been submitted to and approved by the relevant planning authorities.

(2) All such materials must be stored in accordance with the approved scheme.

Construction water supply

14

No part of the authorised development is to be commenced until a building water supply licence has been granted by DCWW for construction of the authorised development.

Electrical grid connection works

15

(1) No part of Work No. 5a is to be commenced until—

(a) details of the buried depths of the cable comprised in those works according with the recommendations contained in the ERA report; and

(b) a scheme and programme for the works, including necessary construction details and locations of laydown areas, with details of specific ecological mitigation; and

(c) a scheme for the restoration monitoring and aftercare of areas of land disturbed by the construction of those works upon their completion including providing for the areas to be suitable for access by the public,

have been submitted to and approved by the relevant planning authority in consultation with Natural Resources Wales.

(2) Work No. 5a must be carried out in accordance with the approved details and scheme.

(3) In this Requirement, the “ERA report” means ERA report 2015 - 0265 certified as such by the Secretary of State for the purposes of this Order.

Archaeology

16

(1) No part of the authorised development in any phase is to commence until a programme of archaeological work including a written scheme of investigation has been submitted to and approved by the relevant planning authorities following consultation with Cadw. The written scheme of investigation is to include an assessment of significance and research questions appropriate for investigation and—

(a) a programme and methodology of site investigation and recording having regard to the on- and offshore nature of the authorised development;

(b) a programme for post-investigation assessment;

(c) provision for analysis of the site investigation and recording, as well as retention of historic assets in situ where reasonably practicable;

(d) provision for publication and dissemination of the analysis and records of the site investigation;

(e) provision to be made for archive deposition of the analysis and records of the site investigation; and

(f) nomination of a competent person or persons to undertake the works set out within the written scheme of investigation.

(2) No part of the authorised development is to take place other than in accordance with the written scheme of investigation approved under sub-paragraph (1) of this Requirement.

(3) The site investigation and post-investigation assessment are to be completed in accordance with the programme set out in the written scheme of investigation approved under sub-paragraph (1) and provision is to be made in the written scheme of investigation for analysis, publication and dissemination of results and archive deposition.

Retention of historic assets

17

(1) No part of the authorised development is to commence until a written scope of work required for the retention (where reasonably practicable), or (as the case may be in relation to paragraph (b)) relocation, and enhancement of historic assets identified in the written scope of work, including in particular—

(a) the standing pill boxes, gun emplacement and tank traps situated seaward of Queen’s Dock Swansea, with a buffer zone of 5m, together with suitable landscape treatment; and

(b) the navigation light situated on the existing Swansea Harbour East Pier,

has been submitted to and approved by the relevant planning authority in consultation with Cadw and the Glamorgan-Gwent Archaeological Trust Ltd.

(2) The authorised development is to be carried out in accordance with the approved details.

Monitoring of noise during construction

18

(1) No part of the authorised development is to commence until a written scheme providing for the monitoring of noise generated during the construction of the authorised development has been submitted to and approved by the relevant planning authorities.

(2) The scheme must specify the locations at which noise will be monitored, the method of noise measurement (which shall accord with BS 5228 or, an equivalent successor standard or other agreed noise measurement methodology appropriate to the circumstances) and the frequency of submission of data to the relevant planning authorities.

(3) The authorised development must be carried out in accordance with the approved scheme.

Piling

19

(1) No piling activities relating to those works shown on drawing TLP - SWANSEA BAY - 141003 - VO.2 as certified by the Secretary of State are to commence until a piling method statement according with the annotations of that drawing has been submitted to and approved by the relevant planning authorities in consultation with Natural Resources Wales.

(2) Piling must be carried out in accordance with the approved method statement.

Site waste management plan

20

(1) No part of the authorised development is to be constructed until a plan for the management and disposal of waste produced as a result of the construction of the authorised development has been submitted to and approved by the relevant planning authorities.

(2) The construction of the authorised development must be carried out in accordance with the approved details.

Construction traffic

21

(1) No part of the authorised development is to commence until a construction phase traffic management plan (CPTMP) substantially in accordance with the outline construction phase traffic management plan has been submitted to and approved in writing by the relevant planning authorities.

(2) The CPTMP must include provision for—

(a) importation of rock armour and sediment for the authorised works only by sea;

(b) the public dissemination of contact details for any co-ordinator appointed in respect of the CPTMP;

(d) avoidance of Heavy Goods Vehicles entering and leaving the development site between the hours of 0800-0900 and 1600-1730.

(3) All construction work must be carried out in accordance with the approved CPTMP.

Operational traffic

22

(1) The authorised development must not be operated until an OPTMP, substantially in accordance with the outline operational phase traffic management plan, including identification of a travel plan co-ordinator, has been submitted to and approved by the relevant planning authorities.

(2) The approved OPTMP must make provision for the installation of and collection of data from a suitably located automatic traffic counter provided by the undertaker.

(3) The authorised development must be operated in accordance with the approved OPTMP.

Major events

23

(1) No major event is to be held at the authorised development unless an overarching Major Event Strategy (“MES”) including identification of a strategy co-ordinator has been submitted to and approved by the relevant planning authorities.

(2) The MES must also make provision for—

(a) prior consultation with the relevant planning authority, highway authority, Welsh Ministers and Police as well as the Maritime and Coastguard Agency and the Royal National Lifeboat Institution, so far as appropriate;

(b) submission of subsidiary event-specific Major Event Plans;

(d) any co-ordination of other licensing requirements;

(e) management of travel and traffic; and

(f) responsibility for provision of off-site parking and transport between any off-site parking and the authorised development.

(3) Any event-specific Major Event Plan must include—

(a) an explanation of why the event constitutes a major event;

(b) expected number of attendees, participants, competitors, exhibitors and spectators and their expected modes of travel;

(c) proposed arrangements for the management of vehicular and pedestrian access, including details of off-site parking, any proposed temporary provision of park and ride facilities, drop off and pick up arrangements together with amenity facilities at such locations;

(d) details of any proposed temporary road closures or other traffic management required;

(e) proposed car and coach parking arrangements;

(f) details of liaison proposed to be or held with the police and other relevant first responder services;

(g) details of measures to control visitor movement and other activity with respect to Crymlyn Burrows SSSI and any designated quiet bird area; and

(h) the proposed access signage and advertising strategy for each event.

(4) All major events held at the authorised development must be held in accordance with the approved MES and any event-specific Major Event Plan.

Construction and security lighting scheme

24

(1) No phase of the authorised development is to commence until a detailed written construction and security lighting scheme in accordance with the design and access statement has been submitted to and approved by the relevant planning authorities.

(2) The construction and security lighting scheme must provide for—

(a) appropriate lighting of any safety zone in place or dredging activity taking place during construction;

(b) the avoidance of direct light spill onto open water within the authorised development including the use of fencing to minimise light spill and avoidance of the use of white mercury lamps;

(c) the minimisation of light spill, including the use of directional lighting and positioning of lights, baffles, cowls and hoods; and

(d) measures to ensure that any such lighting will be directional and sensitive to relevant ecological receptors.

(3) Construction of the authorised development must be carried out in accordance with the approved scheme.

Permanent lighting

25

(1) No permanent lighting forming part of the authorised development is to be installed in any phase until a detailed written and illustrated permanent lighting scheme substantially in accordance with the principles contained in the design and access statement has been submitted to and approved by the relevant planning authorities.

(2) The permanent lighting scheme must provide for—

(a) details of how the lighting design will minimise trespass, glare and spillage;

(b) development of appropriate lighting to render the authorised development appropriate to Swansea Bay and its setting; and

(c) details of how, where possible, operational lighting will be designed to minimise impacts on relevant ecological receptors as described in the environmental statement.

(3) The approved scheme must be implemented as part of the authorised development.

Flood risk mitigation

26

(1) No tidal works comprised in the authorised development are to commence until a scheme of mitigation works for the flood risk area at Mumbles has been submitted to and approved in writing by the relevant local planning authority following consultation with Natural Resources Wales.

(2) Construction of Works No. 1a, 2a, and 2b must not commence until the approved scheme of mitigation works for the flood risk area at Mumbles, as referred to in sub-paragraph (1), has been completed.

(3) The approved scheme must be implemented as part of the authorised development.

Fish and shellfish mitigation strategy

27

(1) No part of the authorised development is to commence until a written strategy for the mitigation of the impacts of the authorised development on fish and shellfish has been submitted to and approved by the relevant local planning authority in consultation with Natural Resources Wales and the relevant port health authority.

(2) The fish and shellfish mitigation strategy must provide for—

(a) fish spawning enhancements by introduction of spawning media at locations including the western face of Work No. 1a; and

(b) targeted oyster dredge trawls to be undertaken of the proposed dredging areas prior to commencement of construction and the translocation of native oysters.

(3) In relation to herring, the approved scheme shall provide—

(a) for the placing of spawning media under sub-paragraph (2)(a) in the first year of construction of the authorised development; and

(b) for the monitoring of the areas where spawning media are placed in the second and third year of construction and thereafter in accordance with frequencies determined under the AEMP.

(4) In relation to the acoustic, sonar imaging and collision recording devices to be installed in association with the turbines. The scheme shall include—

(a) monitoring of turbine impacts upon fish species, including migratory fish and clupeids;

(b) calibration of acoustic fish deterrent devices (“AFDs”) prior to commencement of operation to be effective on fish species that are hearing generalists, including sea trout and herring;

(d) agreement of acceptable thresholds of impact and further action to be taken if those thresholds are exceeded;

(e) measures to be taken when AFDs are non-operational; and

(f) provision for review and adaptation of AFDs during the life of the authorised development.

(5) The provisions of this Requirement are to take precedence over the provisions of the AEMP except where an iteration of the AEMP in accordance with the terms of this Order permits.

(6) The approved fish and shellfish mitigation strategy and any measures under it are to be implemented and maintained during construction of the authorised development, and operation of the authorised development.

Avian enhancement strategy

28

(1) No part of the authorised development is to commence until a written strategy of enhancement measures for avian species has been submitted to and approved by the relevant planning authorities in consultation with Natural Resources Wales.

(2) The avian enhancement strategy shall provide for—

(a) provision of an artificial roost within a less disturbed area of the authorised development; and

(b) provision of kittiwake ledges on north-eastern front of the new turbine and sluice gate housing structure.

(3) The approved strategy and any measures under it are to be implemented and maintained during construction and operation of the authorised development.

Habitats creation strategy

29

(1) No phase of the authorised development is to commence until a written strategy for the creation, monitoring and management of onshore habitats in that phase has been submitted and approved by the relevant planning authorities in consultation with Natural Resources Wales.

(2) The habitats creation scheme is to provide for—

(a) creation of artificial dunescape at the base of existing coastal defences and management to reduce impact through public access;

(b) creation of an artificial sandy beach at eastern landfall of the authorised development;

(c) beach landscaping and design on the western side of the eastern landfall of the authorised development to reduce wind effect;

(d) vegetation management to create areas of bare sand and physical intervention to create blow-outs;

(e) retention of habitat strips of at least 3m in width associated with the grassland in the lee of existing seawalls south-east of Queen’s Dock;

(f) creation of grassland along the landward side of the new saltmarsh area comprised in the authorised development following removal of the existing seawall;

(g) encouraging colonisation of existing rock armoured sea defences through infilling of large gaps with aggregate and localised topping with sandy spoil/topsoil;

(h) creation of a dedicated coastal grassland plot to the seaward side at the south-eastern end of the docks estate with a transition to saltmarsh habitat as well as connectivity to dune habitat towards the east;

(i) creation of grassland at the periphery of parking bays at the western end of the authorised development;

(j) translocation of grassland turves and reuse of topsoil from areas of species-rich sward to encourage the establishment of coastal grassland habitat in the newly created areas with plants of local provenance;

(k) translocation of robust plants or substrates containing target species seeds to holding areas where they can be relocated to newly created habitats on new seawalls; and

(l) creation of purpose-designed artificial rocky shore habitat on new seawalls.

(3) The approved habitats creation strategy and any measures under it are to be implemented in their entirety and maintained during the entirety operation of the authorised development.

Honeycomb worm translocation strategy

30

(1) No part of the authorised development shall be commenced until a written strategy for the translocation of the honeycomb worm (Sabellaria alveolata) has been submitted to and approved by the relevant planning authority in consultation with Natural Resources Wales.

(2) The honeycomb worm translocation strategy is to provide for—

(a) a method statement for the translocation effort;

(b) identification of temporary or permanent receptor sites;

(d) provision of rockpools and features similar to bio-blocks to provide biodiversity offset; and

(e) further remedial action to be implemented in the event of an unsuccessful translocation programme or a detrimental effect upon the adjacent undisturbed honeycomb worm reef.

(3) The approved honeycomb worm translocation strategy and any measures under it are to be implemented and maintained during construction and operation of the authorised development.

Other ecological matters

31

(1) No part of the authorised development is to be commenced until a written strategy to secure the removal or management of Japanese Knotweed and other invasive non-native species within areas affected by the authorised development has been submitted to and approved by the relevant planning authorities.

(2) The approved measures are to be implemented during construction and operation of any part of the authorised development.

Passive provision for western link

32

(1) No authorised development is to commence in respect of Work No. 6b until a scheme for safeguarding a future access to the Order land via the eastern bank of the River Tawe has been submitted to and approved by the relevant local planning authority.

(2) The authorised development is to be carried out in accordance with the approved scheme.

Turbines

33

(1) No authorised development is to commence in respect of Work No. 2a until a scheme of works showing—

(a) details of the turbine and sluice gate housing structure, including associated gantry cranes;

(b) details of the variable speed hydro-turbines to be installed in the turbine housing and the depth relative to chart datum and ordinance datum at which the turbines are to operate;

(c) details for installation with the turbines of acoustic fish deterrents and of high resolution sonar imaging and collision recording devices,

has been submitted to and approved by the relevant local planning authority in consultation with Natural Resources Wales.

(2) The authorised development is to be carried out in accordance with the approved scheme.

Disposal of dredged arisings and protection of Kenfig SAC

34

(1) Operation of the authorised development is not to commence until a scheme for the disposal of dredged arisings relating to maintenance of depths within the lagoon formed by the authorised works (“maintenance arisings”) has been submitted to the relevant planning authorities, in consultation with Natural Resources Wales, and approved in writing.

(2) Following commencement of the dredging referred to in sub-paragraph (1) of this Requirement, disposal of maintenance arisings must not take place except in accordance with a scheme approved under sub-paragraph (1) or a marine licence for such disposal granted by Natural Resources Wales.

(3) Any scheme approved under this Requirement may provide for—

(a) disposal of maintenance arisings at Swansea Outer disposal ground (LU130); or

(b) disposal of maintenance arisings at another disposal ground.

(4) Where the scheme approved under this Requirement relates to disposal of maintenance arisings at Swansea Outer disposal ground, the approved scheme is to make provision for—

(a) the collection or augmentation of baseline data for a period of 2 years prior to the commencement of disposal of maintenance arisings in relation to the presence of sand, mud and muddy sand adjacent to the Kenfig shoreline between the northern edge of Margam Moors and Sker Point (“Kenfig Shoreline”);

(b) a programme of monitoring designed to predict or to identify departure from predicted change to the Kenfig Shoreline as a result of the deposit of maintenance arisings;

(c) mitigation by the undertaker to prevent or remedy adverse change to the Kenfig Shoreline (which could lead to adverse effects on the Kenfig Special Area of Conservation) as a result of the deposit of maintenance arisings by the undertaker, which may include but need not be limited to the use of an alternate disposal ground in parallel with or in substitution for the use of Swansea Outer disposal ground particularly where other mitigation measures are not available or appropriate for preventing such effects;

(d) triggers in response to which mitigation will be secured by the undertaker in the event of change to the Kenfig Shoreline in relation to—

(i) erosion rate of the sand dune toe;

(ii) the profiles of the sand body in frontal dunes (between the seaward toe and a fixed line 20m inland) at intervals identified in the scheme as well as sedimentary characteristics; and

(iii) volumes of sand in the area from mean low water to the dune toe, and position of tidal contours on the beach; and

(e) the review of the scheme and the triggers described above in light of the results of monitoring and other events in accordance with the AEMP referred to in Requirement 6.

(5) Nothing in sub-paragraph (3) of this Requirement is to prevent the undertaker from using or relying upon any scheme of that nature promoted by others relating in whole or in part to the protection or monitoring of the Kenfig SAC.

Beach mitigation management

35

(1) Operation of the authorised development is not to commence until a beach mitigation management strategy for North West Swansea Bay has been submitted to and approved by the relevant planning authority following consultation with Natural Resources Wales.

(2) The approved strategy, which may comprise part of the AEMP is to include provision for—

(a) continued regular monitoring of beaches in North West Swansea Bay throughout the operational, decommissioning and post-decommissioning of the authorised development;

(b) identification of thresholds for the application of mitigation measures; and

(c) flexibility to select the most appropriate mitigation measures from identified options which may include sediment nourishment, sand or mud removal, vegetation removal or spraying, and construction of sand fencing or other form of physical barrier to control wind-blown sand.

(3) The approved scheme is to be implemented by the undertaker during the operation, decommissioning and post-decommissioning phases of the authorised development.

Requirement for written approval

36

Where under any of the Requirements the approval or agreement of the Secretary of State, the relevant planning authority or another person or body is required, that approval or agreement must be given in writing.

37

Where approval or agreement is sought in relation to Requirements 26, 27, 34 and 35 approval must only be given by the relevant planning authority following consultation with Natural Resources Wales.

Amendments to approved details

38

(1) With respect to any Requirement which requires the authorised development to be carried out in accordance with the details of a plan, scheme or code approved by the relevant planning authority or any other person or body, the approved details, or plan, scheme or code are to be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority or that other person or body.

(2) Where such details, plan, scheme or code are required to be approved in consultation with another body, any amendments of that document must also be approved in consultation with that body.

(3) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant planning authority or that other person that 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.

Marine mammal mitigation strategy

39

(1) No part of the authorised development is to commence until a written strategy for the monitoring and mitigation of the impacts of the authorised development on marine mammals has been submitted to the relevant planning authorities, and in consultation with Natural Resources Wales, approved in writing.

(2) The marine mammal mitigation strategy must provide for—

(a) monitoring and mitigation to minimise the potential for disturbance to marine mammals during construction and operation;

(b) monitoring and mitigation measures to minimise the potential for marine mammal collision with the turbines during operation; and

(c) agreement of thresholds of mortality of marine mammals (potential biological removal), and action to be taken if those thresholds are exceeded, for any given year during the operation of the project.

(3) The approved strategy must be implemented throughout the construction and operation of the authorised development.

(4) The strategy must be reviewed annually unless otherwise agreed in writing by the relevant planning authorities.

(5) No changes to the strategy are be implemented unless they have been approved in writing by the relevant planning authorities.

Section 106 agreement

40

(1) No part of the authorised development is to commence until an agreement pursuant to section 106 of the Town and Country Planning Act 1990 (a “section 106 agreement”) has been secured between The City and County of Swansea Council, Neath Port Talbot County Borough Council, AB Ports and the undertaker.

(2) The section 106 agreement mentioned in sub-paragraph (1) may be altered or varied only with the consent of all of The City and County of Swansea Council, Neath Port Talbot County Borough Council, AB Ports and the undertaker.

(3) The section 106 agreement should reflect that of 8th December 2014, as certified by the Secretary of State.

Employment and skills plan

41

(1) The authorised development shall not commence until an employment and skills plan detailing arrangements to promote employment and skills development opportunities has been submitted to and approved in writing by both The City and County of Swansea Council and Neath Port Talbot County Borough Council.

(2) The plan must include proposals for promoting such opportunities for local residents and the approved employment and skills plan must be implemented and maintained during the construction of the authorised development, and operation of the authorised development.

Water Framework Directive

42

(1) The authorised development must not commence until a monitoring and management strategy document has been submitted to and approved by Natural Resources Wales, the purpose of such strategy document being to ensure that the authorised development is carried out in compliance with the Water Framework Directive, including any necessary derogation from that Directive.

(2) The “Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2010 establishing a framework for Community action in the field of water policy.

SCHEDULE 2 — Streets subject to street works

(1)	(2)
Area	Street subject to street work
City and County of Swansea	Langdon Road between X1 and X2
City and County of Swansea	Port access road between X3 and X4
City and County of Swansea	Port access road between X4 and X5
City and County of Swansea	Port access road from X4 to Baldwin’s Bridge off slip and link road and Fabian Way eastwards from the junction between the two to X6
Neath Port Talbot County Borough	Fabian Way between X6 and X7
Neath Port Talbot County Borough	Fabian Way between X7 and X8

SCHEDULE 3 — Streets to be temporarily stopped up

(1)	(2)	(3)
Area	Street to be temporarily stopped up	Extent of temporary stopping up
Neath Port Talbot County Borough	Fabian Way	Between X6 and X7
Neath Port Talbot County Borough	Fabian Way	Between X7 and X8
Neath Port Talbot County Borough	Wales Coast Path footpath	Between X9 and X10

SCHEDULE 4 — Access to works

(1)	(2)
Area	Access reference on works plans
City and County of Swansea	Access A1 (permanent)
City and County of Swansea	Access A2 (permanent)
City and County of Swansea	Access A3 (permanent)
City and County of Swansea	Access A4 (construction)
City and County of Swansea	Access A5 (construction)
City and County of Swansea	Access A6 (permanent)
City and County of Swansea	Access A7 (permanent)
City and County of Swansea	Access A8 (permanent)
Neath Port Talbot County Borough	Access A9 (permanent)
Neath Port Talbot County Borough	Access A10 (construction)
Neath Port Talbot County Borough	Access A11 (construction)
Neath Port Talbot County Borough	Access A12 (construction)
Neath Port Talbot County Borough	Access A13 (construction)

SCHEDULE 5 — Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments modified

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with all 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 to compensation on the compulsory purchase of land and interests in land.

Land Compensation Act 1973 modified

2

(1) Without limiting paragraph 1, the Land Compensation Act 1973[^f00029] has effect subject to the modifications set out in sub-paragraph (2).

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

(a) for “land is acquired or taken”, substitute “a right over land is purchased from”;

(b) for “acquired or taken from him”, substitute “over which the right is exercisable”.

Compulsory Purchase Act 1965 modified

3

Without limiting paragraph 1, the 1965 Act has 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 to be 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.

SCHEDULE 6 — Land of which temporary possession may be taken

(1)	(2)	(3)
Area	Number of plot of land shown on land plan	Purpose for which temporary possession may be taken
City and County of Swansea	01005	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01006	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01007	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01008	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01010	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01011	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01012	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01015	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01020	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01025	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01035	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01040	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01045	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01056	Provision of a working area and construction site related to Works No. 1a, 5a and 6a
City and County of Swansea	01059	Provision of a working area and construction site related to Works No. 1a, 5a and 6a
City and County of Swansea	01061	Provision of a working area and construction site related to Works No. 1a, 5a and 6a
City and County of Swansea	01062	Dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	01152	Provision of a working area and construction site related to Works No. 1a and 5a
City and County of Swansea	02050	Provision of a working area and construction site related to Works No. 7a, 9 and 10
City and County of Swansea	02070	Provision of a working area and construction site related to Works No. 7a, 9 and 10
City and County of Swansea	02075	Provision of a working area and construction site related to Works No. 7a, 9 and 10
City and County of Swansea	02115	Provision of a working area and construction site related to Works No. 7a, 9 and 10
City and County of Swansea	05010	Provision of a working area and construction site related to Works No. 1a, 5a and 6a
City and County of Swansea	05020	Provision of a working area and construction site related to Works No. 1a, 5a and 6a
City and County of Swansea	01060	Provision of a working area and construction site related to Works No. 1a and 5a; and dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	05011	Provision of a working area and construction site related to Works No. 1a and 5a; and dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	05015	Provision of a working area and construction site related to Works No. 1a, 5a and 6a; and dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	08005	Provision of a working area and construction site related to Works No. 1a, 5a and 6a; and dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	09005	Provision of a working area and construction site related to Works No. 1a, 5a and 6a; and dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	12005	Provision of a working area and construction site related to Works No. 1a, 2a, 2b, 2c and 2d; and dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	15005	Provision of a working area and construction site related to Works No. 1a, 2a, 2b, 2c and 2d; and dredging works under article 17 and paragraph 93 of Schedule 8
City and County of Swansea	14015	Provision of a working area and construction site related to Works No. 1b and 3
City and County of Swansea	16010	Provision of a working area and construction site related to Works No. 1b and 3
City and County of Swansea	16005B	Provision of a working area and construction site related to Works No. 1b and 3
City and County of Swansea	17010	Provision of a working area and construction site related to Works No. 1b and 3
Neath Port Talbot County Borough	02036	Provision of Work No. 7g
Neath Port Talbot County Borough	02041	Provision of Work No. 7g
Neath Port Talbot County Borough	02042	Provision of Work No. 7g; and provision of a working area related to Works No. 1b and 10
Neath Port Talbot County Borough	03027	Provision of a working area and construction site for Works No. 1b and 10
Neath Port Talbot County Borough	14010	Provision of a working area and construction site related to Work No. 1b
Neath Port Talbot County Borough	07006	Provision of a working area and construction site related to Works No. 1b and 4; and dredging under article 17 and paragraph 23 of Schedule 8
Neath Port Talbot County Borough	07010	Provision of a working area and construction site related to Works No. 1b and 4; and dredging under article 17 and paragraph 23 of Schedule 8
Neath Port Talbot County Borough	07015	Provision of Work No. 4; dredging; and provision of a working area and construction site related to Works No. 1b and 4
Neath Port Talbot County Borough	10020	Provision of Work No. 4; dredging; and provision of a working area and construction site related to Works No. 1b and 4
Neath Port Talbot County Borough	11006	Provision of a working area and construction site related to Works No. 1b and 4; and dredging under article 17 and paragraph 23 of Schedule 8
Neath Port Talbot County Borough	11010	Provision of Work No. 4; dredging under article 17 and paragraph 23 of Schedule 8; and provision of a working area and construction site related to Works No. 1b and 4
Neath Port Talbot County Borough	11015	Provision of Work No. 4; dredging under article 17 and paragraph 23 of Schedule 8; and provision of a working area and construction site related to Works No. 1b and 4

SCHEDULE 7 — Documents to be certified

The land plans listed below—

(1)	(2)	(3)
Application Document No.	Drawing No.	Drawing Description
2.1.1b	2.1.1b	Key plan
2.1.2b	2.1.2b	Key plan Crown land
2.1.3c	2.1.3c	Sheet 1
2.1.4b	2.1.4b	Sheet 2
2.1.5b	2.1.5b	Sheet 3
2.1.6b	2.1.6b	Sheet 4
2.1.7b	2.1.7b	Sheet 5
2.1.8b	2.1.8b	Sheet 6
2.1.9b	2.1.9b	Sheet 7
2.1.10b	2.1.10b	Sheet 8
2.1.11b	2.1.11b	Sheet 90
2.1.12b	2.1.12b	Sheet 10
2.1.13b	2.1.13b	Sheet 11
2.1.14b	2.1.14b	Sheet 12
2.1.15b	2.1.15b	Sheet 13
2.1.16b	2.1.16b	Sheet 14
2.1.17b	2.1.17b	Sheet 15
2.1.18b	2.1.18b	Sheet 16
2.1.19b	2.1.19b	Sheet 17
2.1.20b	2.1.20b	Sheet 18

the works plans listed below—

(1)	(2)	(3)
Application Document No.	Drawing No.	Drawing Description
2.2.1		Works key plan
2.2.2B	3513/order/102.1D	Works plan - Sheet 1
2.2.3B	3513/order/102.2D	Works plan - Sheet 2
2.2.4B	3513/order/102.3D	Works plan - Sheet 3
2.2.5B	3513/order/102.4D	Works plan - Sheet 4
2.2.6B	3513/order/102.5D	Works plan - Sheet 5
2.2.7B	3513/order/102.6D	Works plan - Sheet 6
2.2.8B	3513/order/102.7D	Works plan - Sheet 7
2.2.9B	3513/order/102.8D	Works plan - Sheet 8
2.2.10B	3513/order/102.9D	Works plan - Sheet 9
2.2.11A	5118483-ATK-02-ZZ-DR-C-1201A	Marine Works Seawalls Sections - Sheet 1
2.2.12A	5118483-ATK-02-ZZ-DR-C-1202A	Marine Works Seawalls Sections - Sheet 2
2.2.13A	5118483-ATK-02-ZZ-DR-C-1203A	Marine Works Seawalls Sections - Sheet 3
2.2.14A	5118483-ATK-02-ZZ-DR-C-1204A	Marine Works Seawalls Sections - Sheet 4
2.2.15A	5118483-ATK-02-ZZ-DR-C-1205A	Marine Works Seawalls Sections - Sheet 5
2.2.16A	5118483-ATK-02-ZZ-DR-C-1206A	Marine Works Typical Sections

the access and public rights of way plans listed below—

(1)	(2)	(3)
Application Document No.	Drawing No.	Drawing Description
2.2.17A	3513/Order/201A	Access & Public Rights of Way key plan
2.2.18	3513/Order/20.21	Access & Public Rights of Way - Sheet 1
2.2.19A	3513/Order/202.2A	Access & Public Rights of Way - Sheet 2
2.2.20A	3513/Order/202.3A	Access & Public Rights of Way - Sheet 3
2.2.21	3513/Order/202.4	Access & Public Rights of Way - Sheet 4
2.2.22	3513/Order/202.5	Access & Public Rights of Way - Sheet 5
2.2.23	3513/Order/202.6	Access & Public Rights of Way - Sheet 6
2.2.24	3513/Order/202.7	Access & Public Rights of Way - Sheet 7
2.2.25	3513/Order/202.8	Access & Public Rights of Way - Sheet 8
2.2.26	3513/Order/202.9	Access & Public Rights of Way - Sheet 9
2.2.27	3513/Order/202.10	Access & Public Rights of Way - Sheet 10
2.2.28	3513/Order/202.11	Access & Public Rights of Way - Sheet 11

the Book of Reference dated 25th November 2014 (“Version 1.7”);

the Environmental Statement which accompanied the application to the Secretary of State for an order granting development consent;

the Design and Access Statement of February 2014 (“Document 8.1”);

the Demolition Plan; bearing reference 3513/Order/401, 402.1, 402.2 and 402.3

drawing TLP - SWANSEA BAY - 141003 - VO.2 referred to in Requirement 19 (Piling);

ERA report 2015 - 0265 as referred to in Requirement 15 (Electrical Grid Connection Works);

Land Contamination: A Guide for Developers (WLGA, WAG & EAW, 2012) as referred to in Requirement 12 (contamination and groundwater);

the Operational Phase Traffic Management Plan submitted with the application;

the outline Construction Environmental Management Plan dated 25th November 2014;

the outline Operational Environmental Management Plan dated 4th November 2014;

the outline Adaptive Environmental Management Plan dated 25th November 2014;

TEST the agreement pursuant to section 106 of the Town and Country Planning Act 1990 ... between The City and County of Swansea Council, Neath Port Talbot County Borough Council, AB Ports and the undertaker of 8th December 2014; and

the drawings listed below, which comprise the planning drawings, and includes works sections—

(1)	(2)	(3)
Application Document No.	Drawing No.	Drawing Description
2.4.1A	3513_PL_001A	Masterplan Key Plan
2.4.2	3513_PL_002.1	Masterplan Detail Scale - Sheet 1 of 6
2.4.3	3513_PL_002.2	Masterplan Detail Scale - Sheet 2 of 6
2.4.4	3513_PL_002.3	Masterplan Detail Scale - Sheet 3 of 6
2.4.5	3513_PL_002.4	Masterplan Detail Scale - Sheet 4 of 6
2.4.6	3513_PL_002.5	Masterplan Detail Scale - Sheet 5 of 6
2.4.7	3513_PL_002.6	Masterplan Detail Scale - Sheet 6 of 6
2.4.19	3513_PL_112	Typical Lagoon Wall Treatment Plan and Section
2.4.21	3513_PL_114	Halfway Point Plan and Section
2.4.23	5118483-ATK-02-ZZ-DR-C-1207	Marine Works Lagoon Water Shuttle
2.4.24	5118483-ATK-02-ZZ-DR-C-1110	Marine Works Turbine Housing and Sluices General Arrangement
2.4.25A	TLSB-ATK-02-XX-DR-C-2000A	Marine Works 7m Turbine House Typical Section
2.4.26A	5118483-ATK-02-ZZ-DR-C-1209A	Marine Works Sluice House Typical Section
2.4.27A	5118483-ATK-02-ZZ-DR-C-1213A	Marine Works Turbine and Sluice Gate Housing Elevation
2.4.28	5118483-ATK-00-ZZ-DR-C-1301	HV Cable Route and Utilities - Sheet 1 of 8
2.4.29	5118483-ATK-00-ZZ-DR-C-1302	HV Cable Route and Utilities - Sheet 2 of 8
2.4.30	5118483-ATK-00-ZZ-DR-C-1303	HV Cable Route and Utilities - Sheet 3 of 8
2.4.31	5118483-ATK-00-ZZ-DR-C-1304	HV Cable Route and Utilities - Sheet 4 of 8
2.4.32	5118483-ATK-00-ZZ-DR-C-1305	HV Cable Route and Utilities - Sheet 5 of 8
2.4.33	5118483-ATK-00-ZZ-DR-C-1306	HV Cable Route and Utilities - Sheet 6 of 8
2.4.34	5118483-ATK-00-ZZ-DR-C-1307	HV Cable Route and Utilities - Sheet 7 of 8
2.4.35	5118483-ATK-00-ZZ-DR-C-1308	HV Cable Route and Utilities - Sheet 8 of 8
2.4.36	5118483-ATK-02-ZZ-DR-C-1210	HV Cable Route Typical Details
2.4.37	5118483-ATK-HW00-ZZ-DR-D-1401	Improvement Works to Existing Highway Fabian Way Junction 3 - General Arrangement
2.4.38	5118483-ATK-HW00-ZZ-DR-D-1402	TLP Access Road and Construction Access Road - General Arrangement
2.4.39	5118483-ATK-HW00-ZZ-DR-D-1406	ABP Junction Arrangement - General Arrangement
2.4.40A	5118483-ATK-00-ZZ-DR-C-1111A	Marine Works Dredging General Arrangement
2.4.41	3513/Order/401	Demolition (s) Key Plan
2.4.42	3513/Order/402.1	Demolition (s) Plan - Sheet 1 of 3
2.4.43	3513/Order/402.2	Demolition (s) Plan - Sheet 2 of 3
2.4.44	3513/Order/402.3	Demolition (s) Plan - Sheet 3 of 3
2.4.58	1259_C1002_A	Proposed Drawings: Burrows Information Centre

SCHEDULE 8

PART 1 — For the protection of Associated British Ports

Interpretation

1

In this Part—

“accumulation” means any accumulation of silt or other material (including any materials used to construct the authorised development) which constitutes an impediment to navigation at or in the approaches to the harbours;

“authorised development” means the works set out in Parts 1A, 1B and 2 of Schedule 1 (authorised development, and ancillary and necessary works);

“construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, relaying, and removal, or the carrying out of an operation, and “construct” and “constructed” are to be construed accordingly;

“erosion” means any erosion of the bed or banks of the sea or of any jetty or other structure of whatever nature within the harbours or the approaches to the harbours;

“the harbours” means the ports of Swansea and Port Talbot;

“plans” includes sections, descriptions, drawings, specifications, proposed method statements and hydraulic information;

“port land” means any land held by AB Ports for the purpose of its statutory undertaking;

“specified work” means any tidal work and any work or operation authorised by this Order on port land or which may affect port land or navigation in respect of the harbours or the functions of AB Ports in relation to the operation of the harbours; and

“tidal work” includes dredging authorised by this Order or any marine licence granted under Part 4 of the 2009 Act relating to the authorised development.

General

2

For the protection of AB Ports in relation to the harbours the following provisions have effect unless otherwise agreed in writing between the undertaker and AB Ports.

Acquisition or use of port land

3

(1) The undertaker must not under the powers conferred by this Order acquire or use, or acquire new rights over, port land without the consent of AB Ports.

(2) The undertaker must not exercise powers conferred by article 15 (authority to survey and investigate the land) or the powers conferred by section 11(3) of the 1965 Act (powers of entry) in respect of any port land without the consent of AB Ports.

(3) Article 25 (power to override easements and other rights) does not apply to any rights held by AB Ports for the purpose of its statutory undertaking, except with the consent of AB Ports.

(4) The consent of AB Ports under this paragraph must not be unreasonably withheld but may be given subject to reasonable conditions.

Approval of plans and arrangements

4

(1) Before commencing the construction of any specified work, the undertaker must furnish to AB Ports plans of that work for its approval.

(2) Before decommissioning the generating station comprised in the authorised development the undertaker must furnish to AB Ports for its approval proposed arrangements for the removal or retention of the authorised development and for making it safe and managing it after it has ceased to be used for the generation of electricity.

(3) Any approval of AB Ports under this paragraph—

(a) must not be unreasonably withheld;

(b) may be given subject to such reasonable requirements as AB Ports may make for the protection of the harbours and navigation within the harbours and the approaches to the harbours, including a requirement for the undertaker to carry out protective works at its own expense;

(4) The undertaker must—

(a) carry out any specified work and any protective works required under sub-paragraph (3) in accordance with the plans approved under sub-paragraph (1) or settled under article 50 (arbitration); and

(b) comply with any arrangements approved under sub-paragraph (2) or settled under article 50 (arbitration).

(5) If AB Ports fails to express its disapproval of any plans or arrangements within 56 days after they have been delivered to it under sub-paragraph (1) or (2), it is deemed to have approved them.

(6) Nothing in this paragraph affects the operation of article 42 (application of Energy Act 2004 in relation to decommissioning) or a decommissioning programme approved under that article.

Notice of works

5

The undertaker must give to AB Ports not less than 56 days’ written notice of its intention to commence the construction of a specified work and, not more than 14 days after completion of such construction, must give to AB Ports written notice of such completion.

Inspection

6

The undertaker must at all reasonable times during construction of a specified work and thereafter allow AB Ports, its servants and agents, access to such work and all reasonable facilities for inspection of any such work subject always to the reasonable stipulations of the undertaker relating to health, safety, security and confidentiality.

Temporary works

7

(1) After the purpose of any temporary works has been accomplished the undertaker must with all reasonable dispatch, or after a reasonable period of notice in writing from AB Ports requiring the undertaker so to do, remove any such temporary works or any materials relating to them which may have been placed on port land or below the level of high water within the harbours or the approaches to the harbours by or on behalf of the undertaker.

(2) If the undertaker fails to do so within a reasonable period after receiving such notice, AB Ports may remove the same and may recover the reasonable costs of doing so from the undertaker.

Erosion or accumulation

8

(1) If during the construction of a tidal work or after the completion of that work and wholly or partly in consequence of its construction there is caused or created an accumulation or erosion the undertaker, if so requested by AB Ports acting reasonably, shall remedy such accumulation or erosion to the extent attributable to such construction and, if it refuses or fails to do so, AB Ports may itself cause the work to be done and may recover the reasonable cost of doing so from the undertaker.

(2) For the purposes of sub-paragraph (1)—

(a) in the case of an accumulation, the remedy shall be its removal; and

(b) in the case of erosion, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as AB Ports reasonably requires.

(3) In the event that surveys, inspection, tests and sampling carried out pursuant to paragraph 12(1)(b) establish that such accumulation or erosion would have been caused in any event by factors other than the construction of a tidal work, the undertaker shall be liable to remedy such accumulation or erosion only to the extent that the same is attributable to such construction.

(4) Nothing in this paragraph removes the need for a marine licence under Part 4 of the 2009 Act.

Lighting, etc.

9

The undertaker shall pay to AB Ports the reasonable costs of such alterations to the marking and lighting of the harbours and the approaches to the harbours as may be necessary in consequence of the construction of a tidal work.

Abandoned or decayed works

10

(1) If any tidal work or any other work of which the undertaker is in possession in exercise of any of the powers conferred by this Order is abandoned or falls into decay, insofar as it affects or otherwise impacts upon the operation of the harbours or navigation in the approaches to the harbours, AB Ports may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either to repair or restore the work, or any part of it, or to remove the work and (to such extent as AB Ports reasonably requires) to restore the site to its former condition.

(2) If any tidal work is in such condition that it is, or is likely to become, a danger to or an interference with navigation, AB Ports may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice—

(a) to repair and restore the work or part of it; or

(b) if the undertaker so elects, to remove the tidal work and (to such extent as AB Ports reasonably requires) to restore the site to its former condition.

(3) If after such reasonable period as may be specified in a notice under this paragraph the undertaker has failed to begin taking steps to comply with the requirements of the notice, or after beginning has failed to make reasonably expeditious progress towards their implementation, AB Ports may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing is recoverable from the undertaker.

(4) This provision shall not apply where any work is being managed and operated in accordance with any approval given by AB Ports.

(5) In the event of a difference or dispute between the undertaker and AB Ports as to the necessity of any steps or works specified in a notice by AB Ports under this paragraph, such difference or dispute shall be determined by arbitration in accordance with article 50 (arbitration).

(6) Nothing in this paragraph affects the operation of article 42 (application of Energy Act 2004 in relation to decommissioning), or a decommissioning programme approved under that article.

Byelaws

11

The undertaker must consult AB Ports not less than 42 days before making any byelaw under article 47 (byelaws) and shall not make any byelaw which in the reasonable opinion of AB Ports conflicts with any byelaws made by AB Ports or with any powers exercisable by AB Ports or a harbour master of AB Ports for the regulation of navigation at the harbours or the approaches to the harbours.

Indemnity

12

(1) Without limiting the other provisions of this Part, the undertaker is to be responsible for, and make good to AB Ports, all losses, costs, charges, damages and expenses however caused which may reasonably be incurred by or occasioned to AB Ports by reason of or arising from or in connection with—

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