The Brechfa Forest West Wind Farm Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/586 |
| Year | 2013 |
2013 No. 586
Infrastructure Planning
The Brechfa Forest West Wind Farm Order 2013
Made 12th March 2013
Coming into force 13th March 2013
An application has been made to the Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20091for an Order under sections 37, 114, 115 and 120 of the Planning Act 20082(“the 2008 Act”).
The application was examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act3and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 20104.
The single appointed person, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act, made a report and recommendation to the Secretary of State.
The Secretary of State, having considered the report and recommendation of the single appointed person, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals.
The Secretary of State, in exercise of the powers conferred by sections 114, 115, and 120 of the 2008 Act, makes the following Order:
Citation and Commencement
1. This Order may be cited as the Brechfa Forest West Wind Farm Order 2013 and shall come into force on 13th March 2013.
Interpretation
2.—(1) Except for Part 3 of Schedule 1 (requirements), which is subject to the additional definitions provided in that Schedule, in this Order—
“the 1961 Act” means the Land Compensation Act 19615;
“the 1980 Act” means the Highways Act 19806;
“the 1984 Act” means the Road Traffic Regulation Act 19847;
“the 1990 Act” means the Town and Country Planning Act 19908;
“the 1991 Act” means the New Roads and Street Works Act 19919;
“the 2008 Act” means the Planning Act 2008;
“the ancillary works” means the works described in Part 2 of Schedule 1 (ancillary works) which are not development within the meaning of section 32 of the 2008 Act;
“the authorised development” means the development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;
“the authorised project” means the authorised development and the ancillary works authorised by this Order;
“the book of reference” means the book of reference submitted with the application (BFW/AppDoc/BoR) and certified as the book of reference by the Secretary of State for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in the 1980 Act;
“the Environment Agency” means the Environment Agency or any successor to its functions for the area in which the authorised development is located;
“the environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order and submitted with the application;
“the footpath plan” means the plan entitled “New Access and Temporary Diversion of Public Rights of Way Plan” as submitted with the application (BFW/PLAN04/ACCESS) and certified as the footpath plan by the Secretary of State for the purposes of this Order;
“highway” has the same meaning as in the 1980 Act;
“the land plan” means the land plan submitted with the application (BFW/PLAN01/LANDPLAN) and certified as the land plan by the Secretary of State for the purposes of this Order;
“the limits of deviation” means the limits of deviation referred to in article 6;
“maintain” includes inspect, repair, adjust, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“the Order limits” means the order limits shown on the works plan as the limits within which the authorised development may be carried out;
“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 198110;
“the Requirements” means the requirements set out in Parts 3 and 4 of Schedule 1 (requirements);
“the relevant planning authority” means Carmarthenshire County Council or any successors to its statutory function as local planning authority for the area in which the authorised development is located;
“street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“the undertaker” means, subject to article 8(3) of this Order, RWE Npower Renewables Limited (company number 2550622);
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
“the works plan” means the works plan submitted with the application (BFW/PLAN02/WORKSPLAN) and certified as the works plan by the Secretary of State for the purposes of this Order.
(2) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised project shall be taken to be measured along that work.
(3) References in this Order to numbered Requirements are to the Requirements with those numbers in Part 3 of Schedule 1 (requirements).
(4) References in this Order to numbered Works are to the Works with those numbers in Part 1 of Schedule 1 (authorised development) and shown on the works plan.
Development consent etc. granted by the Order
3.—(1) Subject to the other terms of this Order, including the Requirements, the undertaker is granted—
(a)
(a) development consent for the authorised development; and
(b)
(b) consent for the ancillary works,
to be carried out within the Order limits.
(2) Subject to article 6 (power to deviate), the authorised development shall be constructed in the lines or situations shown on the works plan.
Procedure in relation to approvals etc under Requirements
4.—(1) Where an application is made to the relevant planning authority for any consent, agreement or approval required by a Requirement, the following provisions apply in respect of that application as they would apply if the consent, agreement or approval so required was required by a condition imposed on a grant of planning permission—
(a)
(a) sections 78 and 79 of the 1990 Act (right of appeal in relation to planning decisions);
(b)
(b) any orders, rules or regulations which make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on the grant of planning permission.
(2) For the purposes of the application of section 262 of the 1990 Act (meaning of “statutory undertaker”) to appeals pursuant to this article, the undertaker is deemed to be a holder of a licence under section 6 of the Electricity Act 1989.
Maintenance of authorised project
5. Subject to—
(a) the other terms of this Order, including the Requirements; and
(b) any contrary provision in an agreement made under this Order,
the undertaker may at any time maintain Work Nos. 1 to 6.
Power to deviate
6.—(1) In constructing or maintaining the authorised development comprising Work Nos. 1 to 9, the undertaker may deviate laterally from the lines or situations shown on the works plans to the extent of the limits of deviation shown on those plans.
(2) Without prejudice to paragraph (1), in constructing and maintaining Work No. 2 the undertaker may deviate from the specified points of commencement and termination for each of the cable routes referred to in the Table comprised within the description of Work No. 2 within the limits of deviation shown on the works plans and may construct and maintain those cable routes between the commencement and termination points so varied.
Operation of generating station
7.—(1) The undertaker is authorised to operate the generating station comprised in the authorised development.
(2) This article does not relieve the undertaker of any obligation to obtain any permit or licence or any other obligation under any other legislation that may be required to authorise the operation of a generating station.
Benefit of Order
8.—(1) Except as provided for in this article, section 156(1) of the 2008 Act applies to the grant of development consent by this Order.
(2) The undertaker may, with the consent of the Secretary of State—
(a)
(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or
(b)
(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.
(3) Where a transfer or agreement has been made in accordance with paragraph (2) references in this Order to the undertaker, except in paragraph (4), shall include references to the transferee or the lessee.
(4) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (2) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
Nuisance
9.—(1) Where proceedings are...
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