The Hirwaun Generating Station (Amendment) Order 2017
| Jurisdiction | Wales |
| Citation | SI 2017/1009 (W258) |
2017 No. 1009 (W. 258)
Infrastructure Planning
The Hirwaun Generating Station (Amendment) Order 2017
Made 17th October 2017
Coming into force 20th October 2017
An application has been made, under paragraph 2 of Schedule 6 to the Planning Act 20081, to the Welsh Ministers in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 20112for non-material changes to the Hirwaun Generating Station Order 20153.
The Welsh Ministers, having considered the application, the responses to the publicity and consultation required by regulations 6 and 7 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011, have decided to make the changes on terms that in the opinion of the Welsh Ministers are not materially different from those proposed in the application.
Accordingly, the Welsh Ministers, in exercising the powers conferred on the Secretary of State by paragraphs 2(1) and (9) of Schedule 6 to the Planning Act 2008 and now exercisable by them4, make the following Order—
Title and commencement
1. The title of this Order is the Hirwaun Generating Station (Amendment) Order 2017 and comes into force on 20 October 2017.
Amendments to the Hirwaun Generating Station Order 2015
2.—(1) Schedule 2 (requirements) to the Hirwaun Generating Station Order 2015 is amended as follows.
(2) For requirement 4(3) substitute the following paragraph—
“3 Save in respect of the bat mitigation structure forming part of numbered work 2E(g), the remainder of numbered work 2 of the authorised development is not to commence until details of the layout, scale and external appearance of numbered work 2 (except for the bat mitigation structure) have been submitted to and approved by the relevant planning authority in consultation with the Brecon Beacons National Park Authority.”
(3) For requirement 4(6) substitute the following paragraph—
“6 Save as otherwise provided for in this requirement, the authorised development must be carried out substantially in accordance with the mitigation measures identified in the mitigation commitments register in so far as they relate to the authorised development. Notwithstanding the reference on page 9 of the mitigation commitments register to the bat mitigation structure being provided one year prior to the demolition of the existing structures, where bat mitigation has been in place for the period agreed with the relevant planning authority and Natural Resources Wales in accordance with Requirement 4(7)(b)(iv) that period shall be deemed to be substantially in accordance with the mitigation measures identified in the commitments register.”
(4) Insert new requirement 4(7)—
“7 The bat mitigation structure forming part of numbered work 2E(g) of the authorised development is not to commence until:
(a) dusk and dawn bat surveys have been completed and the results submitted to the relevant planning authority and Natural Resources Wales; and
(b) the following details of the bat mitigation structure have been submitted to and approved by the relevant planning authority in consultation with Natural Resources Wales (informed by the results of the survey referred to in (a) above):
(i) whether the structure is to be an existing building or a new structure;
(ii) if new, the siting of the structure, the scale of the structure and the external appearance of the structure;
(iii) if an existing building, details of any alterations to the building required to make it suitable as bat mitigation; and
(iv) the period for which such mitigation (for either a new structure or existing building) is required to be in place prior to demolition works commencing on site.”
(5) For requirement 5(1) substitute the following paragraph—
“1 With the exception of the bat mitigation structure forming part of numbered work 2E(g) of the authorised development which may commence, the remainder of numbered work 2 of the authorised development is not to commence until a written landscaping plan for numbered work 2 has been submitted to and approved by the relevant planning authority. The landscaping plan must include details of all proposed hard and soft landscaping works and be substantially in accordance with the landscaping mitigation proposals set out in figure 11.5 of the environmental statement in so far as they relate to numbered work 2, and include details of—
(a) location, number, species, size and planting density of any proposed planting including details of any proposed tree planting and the proposed times of such planting;
(b) cultivation, importing of materials and other operations to ensure plant establishment;
(c) proposed finished ground levels;
(d) hard surfacing materials;
(e) vehicular and pedestrian access, parking and circulation areas;
(f) minor structures, such as furniture, refuse or other storage units and signs;
(g) existing trees to be retained, with measures for their protection together with any landscaping and visual mitigation required during the construction period;
(h) implementation timetables for all landscaping works;
(i) measures for the management of the ecological resources that will remain within the Order land on completion of the authorised development; and
(j) landscaping maintenance throughout the operational life of the...
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