Planning Inspectorate Reference No. EN020014 Document ... · CONSTRUCTION METHOD STATEMENT ... Any facilities for the storage of oils, ... Associated pipework should be located above

Planning Inspectorate Reference No. EN020014

Document reference: SPM NWWFC ExA1 Appendices

Author: SP Manweb

Appendix 5.1 – Copies of the Brenig Wind Farm, Nant Bach Wind Farm and Derwydd Bach Wind Farm Planning Permissions

Appendix 5.1: Part A Brenig Wind Farm Consent

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CERTIFICATE OF DECISION

TOWN AND COUNTRY PLANNING ACT 1990TOWN & COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995

In pursuance of their powers under the above Act and Order, the County Council as Local Planning Authority hereby

GRANT PLANNING PERMISSION FOR:

PROPOSAL : Construction and operation of a wind farm comprising of sixteen wind turbines with a maximum tip height not exceeding 100m, along with transformers, access tracks, on-site switchgear and metering building, two anemometry towers and associated construction and operational infrastructure

LOCATION : Land East of Llyn Brenig Nantglyn

PLANS AND DOCUMENTS SUBJECT TO THE DECISION:-

(i) Application forms received by the Local Planning Authority on 26th April 2007(ii) Environmental Statement Volume 1 of 2 received by the Local Planning Authority on 26th April 2007(iii) Environmental Statement Volume 2 of 2 received by the Local Planning Authority on 26th April 2007(iv) Site Layout plan (1:1000) received by the Local Planning Authority on 26th April 2007(v) Drawing No. 140-M-052-A received by the Local Planning Authority on 26th April 2007(vi) Drawing No. 140-M-037-NTS received by the Local Planning Authority on 26th April 2007(vii) Non-Technical Summary received by the Local Planning Authority on 24th May 2007(viii) Planning Statement (Bond Pearce) - received by the Local Planning Authority on 10th August 2007

subject to compliance with the condition(s) specified hereunder

Brenig Wind Ltd.,c/o FIM Services Ltd.,Glebe Barn Great BarringtonOXONOX18 4US

Head of Planning and Public Protection

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The Condition(s) is(are):1. The development hereby permitted shall begin before the expiration of 5 years from the date of this permission.

2. The planning permission shall be for a period of 25 years from the date of the first generation of electricity to the grid from the development. Written confirmation of the date of the first generation of electricity to the grid from the development shall be provided to the Planning Authority no later than 1 calendar month after the event.

3. The location of the turbines and ancillary structures such as anemometer masts, and the access tracks, shall be in the positions indicated on the submitted plans, subject to variation of the indicated position of any turbine or any track on the plans by up to 20 metres, or where the written approval of the Local Planning Authority has been given to a variation arising from details approved in relation to other conditions of this permission. Any variation greater than 20 metres shall require the written approval of the Local Planning Authority.

4. No work shall be permitted to commence on the switchgear and metering building until the written approval of the local planning authority has been obtained to its precise location, the external wall and roof materials.

5. This permission relates solely to the erection of 3 bladed wind turbines as described in the application plans and drawings with a maximum height to blade tip of 100m from original ground level.

6. All the blades shall rotate in the same direction.

7. The finish of all the turbines shall be semi-matt and their colour shall be approved in writing by the Local Planning Authority before the turbines are erected on site.

8. No part of the development shall display any name, logo, sign, advertisement or means of illumination without the prior written approval of the Local Planning Authority.

9. All electricity and control cables between the turbines and the switch room shall be laid underground and alongside tracks which are constructed on the site as part of the development unless otherwise agreed in writing with the Local Planning Authority.

10. CONSTRUCTION METHOD STATEMENT

No work of construction, laying out of access tracks, or work on the construction compound shall be commenced until a Construction Method Statement has been submitted in writing to and approved by the Local Planning Authority. The scheme shall include provisions relating to:



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Construction and reinstatement of the temporary site compoundConstruction and reinstatement of all internal tracks including measures to reinstate planting on approach tracksSoil stripping managementSurface and foul water drainagePollution Prevention and Control plan, in particular to demonstrate steps to prevent impacts on streams which provide private water supplies, and proposals for mitigating and remedying any degredation in the quality of water supplies.Traffic Management including HGV routesTraffic signing along public roadsRecording the existing state of the site

Development shall be carried out in compliance with the approved Construction Method Statement, unless otherwise approved in writing by the Local Planning Authority.

11. No works on the construction of the turbine bases or delivery of wind turbine components or wind turbine erection plant shall be permitted to commence until there have been submitted to and approved in writing by the Local Planning Authority:- a scheme for the recording of existing road conditions by the developer,- arrangements for the repair and reinstatement of public highways.

12. Construction work on the site shall be confined to the hours of 0700-1900 Mondays to Fridays and 0700-1300 hours on Saturdays with no working on Sundays or national public holidays unless otherwise agreed in writing with the Local Planning Authority.

13. All new tracks shall be surfaced with stone from the approved borrow pit(s) or excavations for the turbine bases, unless otherwise agreed in writing by the Local Planning Authority.

14. The permanent running widths of internal access tracks shall be no greater than 5m wide (10m on bends) unless agreed in writing by the Local Planning Authority.

SURFACE WATER DRAINAGE15. No works of construction, laying out of access tracks, or work on the construction compound shall be commenced until a scheme for the disposal of foul and surface waters has been approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details.

16. Nothing other than uncontaminated excavated natural materials shall be tipped on the site.



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17. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

18. None of the trees within the application site shall be felled until the written approval of the Local Planning Authority has been obtained to the timing and methodology of the clearance operations, and to specific details of the means of addressing/attenuating surface water run off from the tree clearance, related construction operations, together with associated mitigation and monitoring arrangements, including steps to remedy any degradation in the quality of water supplies to private properties in the locality.

19. No works of construction, laying out of access tracks, works on the construction compound, or tree felling shall be permitted to commence until the written approval of the Local Planning Authority has been obtained to a preliminary site assessment, which shall include the following:- Identification of all water features both surface and groundwater (ponds, springs, ditches, culverts etc.) within a 300 metres radius of the site boundary.- Use made of any of these water features. This should include the construction details (e.g. depth) of wells and boreholes and details of the lithology into which they are installed;- An indication of the flow regime in the spring or surface water feature, for example whether or not the water feature flows throughout the year or dries up during summer months;- Accessibility to the spring/well;- This information should be identified on a suitably scaled map (i.e. 1:10,000), tabulated and submitted to the Environment Agency. The developer should photograph each of the identified water features during the survey.

Based on the results of the survey the applicant must assess the likely impacts from the development on both quantity and quality of the surface water and groundwater. This should take into consideration both the preferred methods of construction and the assumed hydrogeology in the vicinity of the development.

DECOMMISSIONING

20. Not later than 12 months before the expiry of the 25 year operational period of this permission, a scheme for the restoration of the site, including the dismantling and removal of all elements above ground level, and the removal of turbine bases to a depth of 1.0m, shall be submitted for the consideration of the Local Planning Authority. The scheme approved in writing by the Local Planning Authority shall be carried out and completed within 12 months from the date that the planning permission hereby granted expires.



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21. If any wind turbine generator(s) hereby permitted ceases to operate for a continuous period of 6 months then, unless otherwise agreed by the Local Planning Authority, a scheme for the decommissioning and removal of the wind turbine generator(s) and any other ancillary equipment and structures relating solely to that generator(s), shall be submitted to and agreed in writing by the Planning Authority within 6 months of the end of the cessation period. The scheme shall include details for the restoration of the site. The scheme shall be implemented within 6 months of the date of its agreement by the Local Planning Authority.

HIGHWAYS

22. No works of construction, laying out of access tracks, work on the construction compound or tree felling shall be permitted to commence until the written approval of the local planning authority has been obtained to the restoration/treatment of Public Footpath No. 67 during and after the construction phase of the development, including the timing of works on the footpath.

23. Full details of the proposed site access shall be submitted to and approved in writing by the Local Planning Authority before any work commences on site.

24. Facilities shall be provided and retained within the site for the loading, unloading, parking and turning of construction vehicles in accordance with a scheme to be agreed with the Local Planning Authority, and which shall be completed before work on the turbines is commenced. These facilities shall be retained for the whole duration of the construction period.

25. Facilities shall be provided and retained within the site for loading, unloading, parking and turning of service vehicles in accordance with a scheme to be agreed with the Local Planning Authority, and which shall be completed prior to the commissioning of the wind farm.

BORROW PITS

26. No development shall commence on any of the access tracks or turbines until full details of the location, maximum extent and depth, profiles, means of working including rock crushing and restoration of the borrow pits have been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented as approved.

ARCHAEOLOGY

27. No works of construction, laying out of access tracks, work on the construction compound or tree felling shall take place until the applicant has secured the implementation of a programme of archaeological mitigation in accordance with section 11.7 of the Environmental Statement and such other mitigation as has been submitted by the applicant and approved in writing by the Local Planning



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Authority, to include for a watching brief and an appropriate buffer zone marking of identified archaeological sites.

28. Where development approaches to within 50 metres of any archaeological site, that site shall be protected and marked by a robust temporary barrier and the barrier should remain in place for the duration of the construction phase so that no accidental damage occurs. The placement of the barriers should not directly impact upon any unscheduled site or scheduled ancient monument areas and must be placed outside any scheduled monument boundary.

AIR SAFEGUARDING

29. The developer shall provide written confirmation of the following details to the Ministry of Defence and the Civil Aviation Authority within 3 months of the date of this permission and the commencement of development shall not occur until this confirmation has been given:

i) Proposed date of commencement of the developmentii) The maximum extension height of any construction equipment.

30. Within 14 days of the commissioning of the final turbine, the Company shall provide written confirmation of the following details to the Ministry of Defence and the Civil Aviation Authority:

i) Date of completion of constructionii) The height above ground level of the highest potential obstacle (anemometry mast or wind turbine).iii) The position of that structure in latitude and longitude.iv) The lighting details of the site.

TELECOMMUNICATIONS INTERFERENCE

31. None of the turbines shall be erected until a baseline television reception study in the area has been undertaken by a qualified television engineer at the developer's expense, and has been submitted to the Local Planning Authority. Details of any works necessary to mitigate any adverse effects to domestic television signals in the area caused by the development shall also be submitted to and approved in writing by the Local Planning Authority. Any claim by any person for domestic television picture loss or interference at their household within 12 months of the final commissioning of the wind farm/turbine, shall be investigated by a qualified television engineer at the developer's expense and the results submitted to the Local Planning Authority. Should any impairment to the television reception be determined by the qualified engineer as attributable to the wind farm/turbine on the basis of the baseline reception study, such impairment shall be mitigated within 6 months of this decision according to the mitigation scheme outlined, unless otherwise agreed by the Local Planning Authority.



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SHADOW FLICKER

32. None of the turbines shall be erected until the written approval of the Local Planning Authority has been obtained to the details of a scheme to address the incidence of shadow flicker at Ty Newydd; such scheme to include details of photocells or other measures to control, re orientate, or shut down particular turbines. Unless agreed in writing by the Authority, any turbine producing shadow flicker effects at any dwelling shall be shut down, and the blades remain stationary until the conditions causing those effects have passed. The scheme shall be implemented as approved.

ECOLOGY

33. No works of construction, laying out of access tracks, or works on the construction compound shall commence until the written approval of the Local Planning Authority has been obtained to a scheme for habitat management and enhancement for the protection of the Mynydd Hiraethog SSSI, during and after the lifetime of the windfarm, to include for a mechanism to establish a Steering Group/Committee to review the plan, and details of how the agreed measures are to be implemented, including timing. All measures shall be implemented in accordance with the approved details.

NOISE

34. At the reasonable request of the Council, the operator of the development shall employ an independent consultant approved by the Council, at the operator's expense, to measure and assess the level of noise emissions from the wind turbine generators following the procedures described in the Guidance Notes attached to these conditions.

35. At the reasonable request of the Council the operator of the development shall employ an independent consultant approved by the Council, at the operator's expense, to measure and assess the tonal noise of the development in accordance with the procedure described in the Guidance Notes attached to these conditions.

36. The wind farm operator shall log wind speed and wind direction data at a grid reference to be approved by the Council as planning authority to enable compliance with conditions 34 and 35 to be monitored. This wind data shall include the wind speed in metres per second (ms-1) and the wind direction in degrees from north for each 10 minute period. At the reasonable request of the planning authority, the recorded data measured at 10m height above ground level and relating to any periods during which noise monitoring took place or any periods when there was a specific noise complaint shall be made available to them. Where wind speed is measured at a height other than 10m, the wind speed data shall be converted to 10m height, accounting for wind shear by a method whose details shall also be provided to the planning authority. At the reasonable request of the Council, the wind farm operator shall provide a list of ten-minute periods during which any one or more of a relevant set of turbines was not in normal operation. This information will only be required for periods during which noise monitoring



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in accordance with conditions 34 and 35 took place. The "relevant set" and "normal operation" are defined in the guidance notes.

37. The rating level of noise emissions from the combined effects of the wind turbine generators when measured and calculated in accordance with the guidance notes shall not exceed the levels set out in the tables following:

The figures in the body of the tables are noise levels from turbines measured in dB as an LA90 at each wind speed in accordance with the procedure set out in the guidance notes attached to this Certificate:

At Ty Newydd, Pennant Uchaf, Garreg Lwyd, and Awel y Brenig:

Wind Speed m/s 4 5 6 7 8 9 10 and aboveIndividual Standard dB 43 43 43 43 43 43 43

At all other properties:

Wind Speed m/s 4 5 6 7 8 9 10 and aboveIndividual Standard dB 35 35 35 35 38 40 42

The reason(s) for the conditions(s) is(are):1. In order to comply with the provisions of Section 91 of the Town and Country Planning Act 1990. 2. For the avoidance of doubt and in order that the Local Planning Authority retains control over the longer term uses of the land.3. For the avoidance of doubt and to allow the Local Planning Authority to retain control over the development.4. For the avoidance of doubt and in the interests of visual amenity.5. For the avoidance of doubt and in the interest of visual amenity.6. For the avoidance of doubt and in the interest of visual amenity.7. For the avoidance of doubt and in the interest of visual amenity.8. For the avoidance of doubt and in the interest of visual amenity.9. In the interests of visual amenity.10. To ensure proper controls over the matters referred to minimise the impact of the development.11. In the interests of highway safety. 12. In the interests of amenity of occupiers of property in the locality.13. To minimise the need for imported material and movement of HGV's on highways.14. In the interests of visual amenity.15. To prevent pollution of the water environment.16. To prevent pollution of the water environment.17. To prevent pollution of the water environment.



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18. To ensure proper arrangements to limit surface water run off and to protect the quality of water supplies to private properties.

19. To protect controlled waters.20. To ensure adequate arrangements are in place to reinstate the site.21. To ensure adequate arrangements are in place to reinstate the site.22. In the interests of safeguarding public rights of way.23. In the interest of free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access.24. To provide for the loading, unloading and parking of construction vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.25. To provide for loading, unloading and parking of service vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.26. To ensure proper arrangements for the capture of material for access tracks, and subsequent reinstatement of the land.27. To ensure adequate arrangements for the archaeological recording and observations.28. To ensure the protection of archaeological interests.29. In the interests of air safety.30. In the interests of air safety.31. To ensure full investigation of television reception and arrangements to address any interference as a result of the development.32. In the interests of the amenities of occupiers of Ty Newydd.33. To ensure adequate steps are taken to protect and enhance the ecology of the area.34. To minimise disturbance to residents in the vicinity of the wind farm.35. To minimise disturbance to residents in the vicinity of the wind farm.36. To minimise disturbance to residents in the vicinity of the wind farm.37. To minimise disturbance to residents in the vicinity of the wind farm.

PLANNING POLICIES RELEVANT TO THE DECISION

Denbighshire Unitary Development PlanPolicy MEW 8 - Renewable energyPolicy MEW 10 - Wind powerPolicy STRAT 1- GeneralPolicy STRAT 2 - EnergyPolicy STRAT 5 - DesignPolicy STRAT 6 - LocationPolicy STRAT 7 - EnvironmentPolicy GEN 6 - General development control requirementsPolicy GEN 8 - Planning Obligations



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Policy GEN 9 - Environmental Assessment/StatementPolicy ENV 1 - Protection of the Natural EnvironmentPolicy ENV 2 - Development affecting the AONB/AOBPolicy ENV 6 - Species ProtectionPolicy ENP 1 - PollutionPolicy ENP 4 - Impact of new development on traffic flowsPolicy TRA 8 - Transport requirements in Major developmentsPolicy TRA 10 - Public rights of wayPolicy CON 10 - Scheduled Ancient MonumentsPolicy CON 11 - Areas of Archaeological Importance

SPECIAL NOTES TO APPLICANT

In respect of Public Footpath No. 67, the developer should contact the County Highways section to discuss the approach to the reinstatement/use prior to any works commencing on site. The Public Rights of Way Section should be contacted on 01824 706923, if diversion works are proposed, and a diversion application form should be obtained at least 9 months prior to commencement of any building works.

Any waste removed from site must be by a registered waste carrier and accompanied by waste transfer notes. These notes must be kept for a minimum period of two years.

The applicant should be aware that the construction of any dam, weir or other like structure which affects the flow in a watercourse requires the prior formal Consent of Environment Agency Wales' Flood Defence Department. Before any works are carried out in a watercourse the applicant should contact Duncan Quincey on 01244 894528 to discuss whether a consent is required.

In connection with Condition 33, you should contact the case officer, CCW and RSPB Cymru to discuss details of the proposals for protecting the SSSI, limiting damage, and disturbance, and the restoration of habitat, including the provision of 'buffer zones' next to the SSSI, and the restoration of upland heath on the site, and a programme of grey squirrel control.

THE GUIDANCE NOTES IN RELATION TO NOISE CONDITIONS

The following paragraphs are based upon steps 2-6 specified in Section 2 of the Supplementary Guidance Notes to the Planning Obligation contained within pages 102 et seq of "The Assessment and Rating of Noise from Wind Farms, ETSU-R-97" published by ETSU for the Department of Trade and Industry. It has been adapted in the light of experience of actual compliance measurements. It is further adapted here to allow for the condition where more than one wind farm may affect a property.

NOTE 1



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Values of the LA90,10min noise statistic should be measured at the affected property using a sound level meter of at least IEC 651 Type 1 quality. This should be fitted with a ½" diameter microphone and calibrated in accordance with the procedure specified in BS 4142: 1990.The microphone should be mounted on a tripod at 1.2 - 1.5 m above ground level, fitted with a two layer windshield wind shield or suitable equivalent, and placed in the vicinity of, and external to, the property.The intention is that, as far as possible, the measurements should be made in "free-field" conditions. To achieve this, the microphone should be placed at least 10m away from the building facade or any reflecting surface, where possible, and no less than 3.5m away where this is not possible with appropriate adjustment made to measured levels to account for facade effects.

The LA90,10min measurements should be synchronised with measurements of the 10-minute average wind speed and with operational data from the turbine control systems of the wind farm or farms.

The wind speed and wind direction and a note of all 10 minute periodswhen one or more of the relevant set of turbines was not operatingnormally should be provided to the consultant to enable an analysis totake place.

The "relevant set" of turbines is the six turbines nearest to the monitoring location. The precise definition of "normal operation" should be agreed in writing with the local authority on the basis of data available but should generally be taken to mean when the turbine power output is not significantly different from the reference power curve using the nacelle anemometer.

In the interests of commercial confidentiality no information is required to be provided for individual turbines or on the nature of any abnormality or for any period during which noise monitoring is not taking place.

NOTE 2

The noise measurements should be made over a period of time sufficient to provide not less than 100 valid data points. Measurements should also be made over a sufficient period to provide valid data points throughout the range of wind speeds considered by the local authority to be most critical. Valid data points are those that remain after the following data have been excluded:

All periods during rainfall

All periods during which wind direction is more than 45degrees from every line from each of the turbines in therelevant set and the measurement position.

All periods during which turbine operation was not normal

A least squares, "best fit" curve should be fitted to the data points.



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NOTE 3

Where, in the opinion of the Local Authority, the noise emmission contains a tonal component, the following rating procedure should be used. This is based on the repeated application of a tonal assessment methodology.

For each 10-minute interval for which LA90,10min data have been obtained, a tonal assessment is performed on noise emmission during 2-minutes of the 10-minute period. The 2-minute periods should be regularly spaced at 10-minute intervals provided that uninterrupted clean data are obtained.

For each of the 2-minute samples the margin above or below the audibility criterion of the tone level difference, *Ltm, is calculated by comparison with the audibility criterion given in Section 2.1 on page 104 et seq of ETSU-R-97.

The margin above audibility is plotted against wind speed for each of the 2-minute samples. For samples for which the tones were inaudible or no tone was identified, substitute a value of zero audibility.

A linear regression is then performed to establish the margin above audibility at the assessed wind speed. If there is no apparent trend with wind speed then a simple arithmetic average will suffice.

The tonal penalty is derived from the margin above audibility of the tone according to the figure below.

The rating level at each wind speed is the arithmetic sum of the wind farm noise level, as determined from the best fit curve described in Note 2, and the penalty for tonal noise.

The rating level shall be determined for each wind speed. If the values lie below the maximum values of turbine noise indicated by the table in the annex to these conditions then no further action is necessary.

NOTE 4

If the rating level is above the limit, a correction for the influence of background noise should be made. This may be achieved by repeating the steps in Note 2, with the wind farm that is the subject of the complaint switched off, and determining the background noise (includingthe noise from any other wind farm still operating) at the assessed wind speed, Lb. The wind farm noise at this speed, Lw, is then calculated as follows where La is the measured level with turbines running but without the addition of any tonal penalty:



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Lw = 10log10La10-10Lb10

The Rating level is re-calculated by adding the tonal penalty (if any) to the wind farm noise. If the rating level lies below the values indicated from the table in the annex then no further action is required. If the rating level exceeds any of the turbine noise levels in the table in the Annexe then the development fails to comply with Planning Condition 37.

NOTE 5

Where in the opinion of the Local Authority the complaint of noise relates to more than one wind farm or the Local Authority considers that it may be due to more than one wind farm the wind farms under suspicion (the nominated wind farms) should be identified in writing to the operators by the Local Authority. The procedures above should be carried out for each of the nominated wind farms. In practice this will normally mean that the same measurement data obtained by the procedure described above in notes 1 to 3 can be analysed separatelyfor each wind farm though the duration of the measurements may have to be longer. Note that each analysis should use the wind speed measurements from the wind farm being assessed.

Should it be necessary to perform the procedure in Note 4 this may require that any one or more of the nominated wind farms to be switched off as required by the Local Authority. In the interests of clarity, if the procedure in Note 4 is not necessary then all nominated wind farms comply with the planning condition.



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NOTES TO APPLICANT

1. APPEALS AGAINST REFUSAL OF PLANNING PERMISSION, OR IMPOSED CONDITIONS

1.1 If the applicant is aggrieved by the decision of the Local Planning Authority to refuse permission or approval of the proposed development, or to grant permission or approval subject to conditions he/she may by notice served within six months of receipt of this notice, appeal to the Planning Inspectorate in accordance with Section 78 of the Town and Country Planning Act 1990. The Planning Inspectorate has power to allow a longer period for the giving of notice of appeal, but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Planning Inspectorate is not required to entertain an appeal if it appears to them that permission for the proposed development could not have been granted by the Local Planning Authority, or could not have been granted otherwise than subject to the conditions imposed by them having regard to the provisions of Section 70 and 72(1) of the Town and Country Planning Act 1990, the Development Order and any directions given under that Order.

1.2 If permission to develop land is refused or granted subject to conditions, whether by the Local Planning Authority or by the Planning Inspectorate, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted he may serve on the Council of the County in which the land is situated, as the case may be, a Purchase Notice requiring that Council to purchase his interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990.

1.3 In certain circumstances, a claim may be made against the Local Planning Authority for compensation, where permission is refused or granted subject to conditions by the Planning Inspectorate on appeal or on a reference of the application to him. The circumstances in which such compensation is payable are set out in Part V of the Town and Country Planning Act 1990.

2. THE CHOICE OF APPEAL PROCEDURES

2.1 There is a choice of three appeal procedures and the Planning Inspectorate will co-operate with you, or your agent, in enabling your appeal to be processed in the way you would prefer. But there may be a few occasions when the Planning Inspectorate has to use a procedure which is not your own preference, in order to ensure that all aspects of the appeal are thoroughly and fairly considered. When this happens, the Planning Inspectorate will explain why.

2.2 The available appeal procedures are:

i. by written representations which you and the Local Planning Authority make, followed by an accompanied or unaccompanied inspection of the appeal site by the appointed Inspector.

ii. by written representations which you and the Local Planning Authority make, followed by an Informal Hearing conducted by the appointed Inspector who hears oral representations from interested parties which may continue on an accompanied inspection of the appeal site.



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iii. by a formal Local Inquiry conducted by the appointed Inspector following submission of proofs of evidence/statements of case. The Inspector hears representations from interested parties, allowing cross-examination of witnesses, and undertakes an accompanied inspection of the appeal site.

The procedures described in i. and ii. are likely to enable you to receive the quickest possible decision on your appeal, as the procedures for exchanging written representations are tightly timetabled. Written representations or Hearings are not suitable for cases which have generated substantial third party representations, or which involve cases where it is desirable to cross-examine evidence.

The procedure described in iii. is usually the slowest and most expensive method of appealing and you should only opt for this procedure if you have good reason to ask for a local hearing of your appeal. Normally, local inquiries are confined to those cases that require advocacy.

2.3 Should the appellant wish the Planning Inspectorate to appoint a Welsh speaking Inspector to hear any appeal against the Local Planning Authority’s decision, the request should be made to the Planning Inspectorate when notice of the appeal is forwarded.

THE ADDRESS FOR APPEALS AND APPEAL FORMS

2.4 All appeals have to be submitted to the Planning Inspectorate within the relevant period of the date of the Local Planning Authority’s decision against which you are appealing. The best way to appeal is to complete the Planning Inspectorate’s official appeal form which may be obtained from:

THE PLANNING INSPECTORATE, CROWN BUILDINGS, CATHAYS PARK, CARDIFF, CF10 3NQ.

2.5 The telephone number is 029 2082 3308, if you need more information or advice from the Planning Inspectorate.

3. COMPLIANCE WITH APPROVED PLANS AND CONDITIONS

3.1 You are reminded that any permission or consent must be carried out strictly in accordance with the approved plans, and any conditions attached to the certificate of decision. If any amendments are proposed to the plans, you should not proceed without obtaining the written approval of the Local Planning Authority. Any proposed amendments must be notified to the Head of Planning Services in writing with detailed plans suitably revised to illustrate the changes proposed. The Head of Planning Services will advise in writing whether the amendments can be accepted within the terms of the permission granted, or whether a fresh application is required. You are reminded in accordance with other Notices that it will also be necessary for you to ensure that amendments are acceptable to the other County Council Departments and statutory bodies where separate legislation applies.

3.2 Responsibility for the accuracy of the detailed plans and drawings forming part of the submission rests with the applicant, agent or developer.

3.3 Applications for Compliance with Conditions - If this Decision Certificate includes conditions requiring the further consent, agreement, or approval of the planning authority, you should submit the information required for consideration by way of a letter stating the reference number of the permission and the condition in question, and with a suitable description of the proposed details, and plans or drawings to a



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recognised metric scale. No fee is required in connection with this type of application. The planning authority has eight weeks to determine such an application.

3.4 Proceeding Without Permission - Any further development carried out prior to the grant of the relevant permission/consent, without compliance with the plans and particulars forming part of this permission, or without compliance with the conditions of this permission, is entirely at the owner/developer’s own risk, and may oblige the planning authority to take formal Enforcement Action.

4. REQUIREMENT FOR SEPARATE CONSENTS

4.1 It is important to appreciate that this decision certificate relates solely to an application submitted in accordance with the Acts/Regulations specified on the first sheet of this document. The Certificate does not convey any approval which may be required under separate legislation or from other statutory bodies, and does not override any private legal restrictions which may prevent the implementation of the proposal. (e.g. development on land in third party ownership).

4.2 Your particular attention is drawn to the possibility that the proposal MAY require Building Regulations Consent or oblige compliance with regulations under the control of the Council’s Public Protection Officer. The onus rests on the applicant, agent or developer to ensure all relevant consents are obtained in connection with any development.

4.3 The erection of building extensions or other property alterations may give rise to important issues affecting the provision of gas, electricity, water and/or telephone services for an occupier and his/her neighbours. In certain circumstances interference may contravene legislation and you are advised that if it is possible that the provision of any service to the p premises is within the area of a proposed extension or alteration you should notify the appropriate authority prior to commencing the works.

4.4 Where development involves works on or close to a boundary, including on shared internal walls, compliance may be necessary with the requirements of the Party Walls etc.. Act 1996, and you should obtain separate legal advice on this matter. The Local Planning Authority is not responsible for the enforcement of The Party Walls etc.. Act, or for resolving private legal disputes arising therefrom.



06/04/2009

Appendix 5.1: Part B Nant Bach Wind Farm Consent

CYNGOR SIROL BWRDEISTREF

COUNTY BOROUGH COUNCIL

Cais Rhif / Application No. 0/35170

Continued on next page…

TOWN AND COUNTRY PLANNING ACT 1990

CERTIFICATE OF PLANNING PERMISSION

Disgrifiad y Datblygiad: Development Description: Codi 11 Tyrbin Gwynt ac Isadeiledd Cysylltiedig

Erection Of 11 No. Wind Turbines And Associated Infrastructure

Safle / Lleoliad: Site / Location: Tir ym Mwdwl Eithin, i'r de o Llanfihangel Glyn Myfyr, Corwen, Conwy

Land at Mwdwl Eithin, South of Llanfihangel Glyn Myfyr, Corwen, Conwy

Derbyniad / Decision: In pursuance of their powers under the above mentioned Act, their statutory powers as Local Planning Authority, and in accordance with the submitted application particulars and plans, Conwy County Borough Council hereby PERMIT the above development, subject to the following conditions: 1 The development hereby permitted shall be begun before the expiration of five years from

the date of this permission.

REASON: In order to comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

2 Within two weeks of the commencement of the development written notification shall be given to the local planning authority of the date upon which the development commenced (the Commencement Date). The construction of the development including the erection of the wind turbines shall only take place during the period of two years following the Commencement Date and after that period no further construction shall occur but without prejudice to decommissioning and restoration requirements.

REASON: For the avoidance of doubt and in order that the Local Planning Authority retains control over the longer term uses of the land.

3 The wind farm hereby approved shall cease operation following the period of 25 years from either the date of the substantial completion of the last turbine or the end of the construction period provided for in condition 2 whichever is the sooner. The date of the substantial completion of the last turbine shall be provided to the local planning authority no later than one calendar month after that event.

REASON: For the avoidance of doubt and in order that the Local Planning Authority retains control over the longer term uses of the land.

4 The development hereby permitted shall be carried out in accordance with the detailed plan received by Conwy County Borough Council on 21st July 2008 as supplemented or modifie by the terms of conditions and details approved under conditions attached to this permission, unless otherwise previously approved in writing by the local planning authority.





REASON: For the avoidance of doubt as to which drawings have been approved.

5 The turbines to be erected under this permission shall comply with the following requirements: (i) All turbines shall be of the same type and shall be three bladed horizontal axis turbines with tubular steel towers and blades shall rotate in the same direction. (ii) Transformers shall be internally located within the nacelle or the tower structure. (iii) The height of each turbine shall not exceed 100 metres to the maximum tip height measured from ground level at the tower base prior to construction. (iv) The colour finish shall be a semi-matt pale grey a sample of which has been approved by the Local Planning Authority prior to the erection of towers commencing.

REASON: For the avoidance of doubt and in the interests of the visual and general amenity of the locality.

6 The precise type and specification of turbine shall be submitted to and approved by the local planning authority prior to the commencement of tower erection which submission shall contain: (i) The manufacturer’s warranted operational specifications of the turbine model to be used including but without prejudice to the generality of this condition the noise emission characteristics of the turbine. (ii) The blade width and materials to be used.


7 No part of any turbine shall show any illumination, name, sign symbol or logo on any external surfaces unless previously approved in writing by the Local Planning Authority other than in accordance with a scheme that has been previously approved in writing by the local planning authority for the provision of illumination or signage that is essential to meet health and safety requirements.


8 The electricity sub-station for the development hereby approved shall be contained within a substation building sited in accordance with the submitted plans and for which the details of the design, external appearance, materials, colours and surface finishes have been submitted to and approved in writing by the local planning authority before the construction of the building is commenced. The electricity sub-station shall be constructed in accordance with the approved details and shall be retained in that form and appearance.

REASON: To ensure that such details are satisfactory in the interests of the visual amenity of the locality.

9 With the exception of the distribution network operator connections (within the substation and from the substation to any overhead transmission lines) all electricity wires and cables comprised in the development shall be laid underground.





REASON: In the interests of visual amenity.

10 If any of the turbines hereby permitted ceases to be operational for a continuous period of 9 months (which period may be extended by written approval granted by the local planning authority in any particular case where recommencement of operation is delayed by unavoidable external factors beyond the control of the operator) then all of its above ground elements and the supporting base to a depth of one (1) metre below adjacent ground level shall be removed from the site and the land shall be restored by re-grading to blend with adjacent land levels within 6 months of the 9 month cessation of operation coming into effect and all affected areas shall during the next usual planting season thereafter be re-soiled to a depth of 300mm and seeded with a mix previously approved by the local planning authority.

REASON: To ensure adequate arrangements are in place to reinstate the site.

11 No development shall take place until a Construction Method Statement (CMS) has been submitted to and approved in writing by the local planning authority which CMS shall apply best practice methodologies to the mitigation control and remediation of environmental impact including the following list of requirements. The approved statement shall be adhered to throughout the construction period. i) A Site Construction Environmental Management Plan (SCEMP) based on prior ecological investigation that provides for the use of best practice working methods and a monitoring scheme to ensure that construction works avoid damage to the environment and that any necessary licences have been obtained; ii) Specification of details for the construction without detriment to water catchments and the environment of the crane pads, access tracks and/ or stream crossings (including necessary measures to provide cross drainage to allow surface water flows to pass beneath or through the tracks, gradients and materials); iii) Where the use of cement products is proposed (particularly where associated with the stream crossings) the statement shall provide details of how environmental impact will be mitigated and controlled, such details to be prepared in consultation with the Environment Agency and the Countryside Council for Wales; iv) Measures to control the emission of dust and dirt during construction; v) Details of the method of construction for the turbine foundations; vi) Parking arrangements for site personnel, contractors and visitors; vii) Arrangements for the delivery of materials to the site, loading or unloading on the site, movements within the site and the removal of materials from the site; viii) Arrangements for the storage and use of plant, machinery and materials used in construction of the development (including environmental protection and security/fencing measures); ix) A scheme for the protection of water courses, drainage systems (including wetlands) and the water environment from impact from the development and related works (including but without prejudice to the generality of this requirement the provision of silt traps and methods for the containment of spillages); x) A scheme for the provision of wheel washing facilities for construction traffic leaving the site and for the wash out of concrete delivery vehicles which ensures that no contaminants will enter the water environment and that any solid material will be re-used where appropriate; xi) A detailed scheme for the re-use within the construction works of surplus material generated from ground excavation within the site;





xii) Measures to be taken during the construction of the development to safeguard the rights, interests and safety of users of public rights of way crossing the site and including any temporary restrictions or diversions; xiii) Measures to be adopted to ensure the health and safety of personnel on site including provision of a Health, Safety and Environment Risk Assessment; xiv) Details of the proposals and programme for the re-instatement of crane hard-standing areas and the reduction of access track widths following completion of construction activities (based on proposals contained at paragraph 3.5.2 of the Environmental Statement); xv) Details of sensitive habitat areas to be avoided or safeguarded during construction and proposals for demarcating and protecting such areas.

REASON: To ensure proper controls over the development to minimise the impact and in the interests of highway safety, visual and general amenity of the locality.

12 Construction activities (including deliveries to the site other than the arrival of workers and the starting and warming up or movement of equipment on the site) shall not take place outside of the hours 07.00am to 19.00pm Monday to Friday and 07.00am to 13.00pm on Saturday, unless otherwise previously approved in writing by the local planning authority.

REASON: In the interests of the amenity of occupiers of properties in the locality.

13 All areas used for the temporary storage of oils, fuels and chemicals during the construction period shall be sited on impervious bases and such areas shall be surrounded by an impervious bund wall. The size of the bunded compound shall be of a storage volume at least equivalent to its capacity plus 10%. Where there are multiple tankages, the compound shall be at least equivalent to the capacity of the largest tank or the combined capacity of the interconnected tanks plus 10%. All filling points, vents and sight glasses shall be located within the bund and there shall be no drain through the bund floor or walls. The storage compound shall be kept clear of water build up that would prejudice adequate storage capacity and all liquid needing disposal shall be taken off site and not discharged into the environment. Either within 6 months of the completion of the construction of the last turbine or in the event that condition 2 comes into effect within 6 months thereof, whichever is the sooner, to demolish all such storage areas and bases and remove all materials from the site and to fully re-instated the land by re-grading to blend with adjacent land levels, re-soiling to a depth of 300mm and seeding with a mix previously approved by the local planning authority.

REASON: To prevent pollution of the water environment.

14 Prior to the commencement of development, a pollution prevention plan designed in accordance with best practice to prevent accidental spillages during construction and to minimise the impacts upon ground and surface water of any accidental spillage that do occur will be submitted to and approved in writing by the local planning authority. The details shall include an emergency plan to be carried out in the event of any spillage of fuels, oils, chemicals or other substances which could potentially pollute the environment. The approved pollution prevention plan shall be implemented during construction.






15 No washing of machinery that would be likely to result in pollution to the aquatic environment, groundwater or surface water shall occur on site except in accordance with a scheme that has been previously approved in writing by the Local Planning Authority that provides for a best practice operation that safeguards against environmental impact.


16 No materials shall be tipped on the site except uncontaminated excavated natural materials used in the construction of roads and hard-standings essential for the construction of the wind turbines and in accordance with full details, specification and sections that have been previously approved in writing by the local planning authority. No such materials shall be sourced from off-site except where they have been approved in writing by the local planning authority as essential to meet a shortfall in material derived from on site roadway excavations and in any event no materials such as limestone that would affect local environmental conditions shall be used on site.


17 No development shall take place until full details of the following list of matters have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details and works shall thereafter be retained in the approved form until such time as superseded by decommissioning and the implementation of approved restoration works. Other measures shall be implemented in accordance with approved details. . A surface water drainage scheme detailing works designed to avoid the diversion of flows from within their existing sub-catchment areas and to provide for the dispersal of diverted flows back into the water environment . Provisions for the drainage and disposal of foul or contaminated water in respect of the construction period and facilities retained as part of the development . A survey of all private water supplies relying on water sourced from the application site with baseline assessment of the quality and reliability of those supplies . Proposals for the monitoring of private water supplies during construction and for the period of 5 years following the completion of the development or the cessation of development pursuant to condition. . Proposals for the mitigation of impacts upon private water supplies and for the implementation of remediation of significant impacts where they occur.

REASON: To ensure that such details are satisfactory and to prevent pollution of the water environment.

18 To avoid disturbance to breeding birds, works that affect nesting habitats (including but without prejudice to the generality of this requirement: heather, heath, wetlands, scrub vegetation, hedgerows, and/or rough grass) shall not take place between 1st March and 31st July in any year. Works to any other areas (including disturbed ground such as that created by the previous construction of hard-standings) shall not commence until it has been verified by inspection by a qualified expert that there are no nesting species such as lapwing





that would be disturbed. The developer shall keep a record of such events which will be provided to the Local Planning Authority upon request.

REASON: To ensure adequate steps are taken to protect and enhance the ecology of the area.

19 No development shall take place until a habitat baseline survey (comprising flora and fauna surveys that establish initial conditions within the Habitat Improvement Area designated in the Environmental Statement and the adjacent heathland habitats lying within the site of the planning application) has been submitted to and approved by the local planning authority to provide a reference point against which the impact of the development on habitat and the effects of habitat protection, mitigation, remediation and enhancement obligations (required pursuant to a Section 106 Agreement relating to the land) can be monitored and compared.

REASON: To ensure adequate steps are taken to protect and enhance the ecology of the area.

20 No development shall commence until a traffic management plan has been prepared in consultation with the relevant highway authorities and the police authorities and has been submitted to and approved in writing by the local planning authority. The plan shall include details of the access routes for all vehicles carrying turbine components and details of advisory signs, together with details of the scheduling of the proposed delivery of turbine components to the site. The approved traffic management plan shall be adhered to at all times unless alternative arrangements have been previously approved in writing by the local planning authority.

REASON: To ensure that such details are satisfactory in the interests of highway safety.

21 Prior to construction of the temporary access to the site, full details and specifications for its construction that are in accordance with Drawing No. 5105244 02 Rev B (together with proposals for a reduced access width to a standard vehicular access layout following completion or cessation of all construction works) shall be prepared in consultation with the highway authority and shall be submitted to and approved by the local planning authority. The temporary access shall be constructed in accordance with the approved details before any other works are undertaken on the site and the access shall be reduced in accordance with the approved details within (six) months of the completion or cessation of all construction works.

REASON: To ensure that such details are satisfactory in the interests of highway safety.

22 No development shall take place until a programme for archaeological investigation and archaeological monitoring by a qualified archaeologist has been submitted to and approved in writing by the local planning authority. Such scheme shall include provision for a report on the investigation following completion of construction of the development and any post excavation analysis to be prepared and submitted to the local planning authority. The development shall only proceed in accordance with the approved archaeological programme.





REASON: To ensure adequate arrangements for archaeological recording, observation and protection.

23 Any turbine producing shadow flicker effects at any dwelling shall be shut down and the blades shall remain stationary until the conditions causing such effects have passed. No development shall take place until a scheme has been submitted to and approved by the local planning authority specifying the mechanism that will be used to control, re-orientate or shut down any turbine and if photocells are proposed the measures that the operator will take to ensure that they remain clean and operational at all times The wind farm shall not operate other than in accordance with the approved scheme.

REASON: In the interests of the amenity of occupiers of properties in the locality.

24 At least one month prior to the commencement of development, the operator shall provide written confirmation of the following details to the local planning authority: i. The proposed date for the commencement of development; and ii. The maximum height of any construction equipment.

REASON: In the interests of air safety.

25 Within 14 days of the commissioning of each turbine, the operator shall provide written confirmation of the following details to the local planning authority: i. The date of completion of construction. ii. The height above ground level of the turbine. iii. The precise latitude and longitude of the turbine.

REASON: In the interests of air safety.

26 Prior to the commencement of the development, the name and contact details for the operator's nominated representative (who shall act as a point of contact for local residents and the local authority in the event of noise complaints relating to the construction, operation of de-commissioning of the wind farm development) shall be notified in writing to the local planning authority. Any change in the name or details of the operator's representative shall be notified in writing to the local planning authority prior to the change occurring.

REASON: To minimise disturbance to and in the interests of the amenity of occupiers of properties in the locality.

27 At all times from the first generation of electricity until the cessation of the generation of electricity at the wind farm approved by this permission, the following shall be continually monitored at ten (10) minute intervals commencing on the hour and recorded in a log: (i) nacelle wind speed in metres per second for each turbine corrected to free stream values. (ii) turbine yaw data in degrees from north. (iii) periods when any/each turbine was not in operation. All data shall be recorded in an electronic format within 7 days together with a record of the calculated mean wind speed for all nacelle results extrapolated to 10 metres above ground level (in accordance with a methodology previously approved in writing by the Local





Planning Authority). All data shall be retained until written approval is given by the Local Planning Authority for records to be deleted. Upon request from the Local Planning Authority all data relating to a specified period or set of circumstances shall be provided to the Local Planning Authority within 14 days of the request being made.


28 i) For the purposes of this condition the following definitions and interpretations shall apply: . ETSU-R-97 means the assessment and rating of noise from wind farms published by the Energy Technology Support Unit for the Dept of Trade & Industry in 1996. . Background Noise Level means the ambient noise level within the environment at a particular site or property (that is in the absence of noise generated by the development) and measured in relevant and comparable wind (direction and speed) and weather conditions to those pertaining at the time of the monitoring of wind farm noise and/or a noise complaint event as is appropriate. . Tonal noise means noise containing a distinct frequency component assessed and rated in accordance with advice contained in sections 2.0 & 2.1 of the Supplementary Guidance Notes to the Planning Obligation contained in Chap 8 of the ETSU-R-97 report (p102 to 109). . Quiet waking hours means 18-00 - 23-00hrs on all days plus 07-00 - 18-00hrs on Sundays & 13-00 - 18-00hrs on Saturdays. . Night hours means 23-00 - 07-00hrs on all days. . The Threshold of Audibility means the level at which the average listener will be just able to hear the tone calculated in accordance with section 2.1 of the Supplementary Guidance Notes to the Planning Obligation contained in Chap 8 of the ETSU-R-97 report. ii) The level of noise emissions from the combined effect of the turbines shall not exceed the following when measured (as a 10 minute LA90 in free field conditions at a height of between 1.2 & 1.5m above ground level in accordance with the guidance in ETSU-R-97) at any existing or approved dwelling that was lawful at the time of this permission (except as is otherwise provided for under part iii) of this condition). a) Between 07-00 - 23-00 either a rating level of 37dB LA90, 10 minutes or 5dB(A) above the Background Noise Level during quiet waking hours whichever is the greater. b) Between 23-00 - 07-00hrs either a rating level of 43dB LA90, 10 minutes or 5dB(A) above the Background Noise Level during night hours whichever is the greater. Where the tonal noise from the combined effects of the wind turbines exceeds the Threshold of Audibility by between 2.0 & 6.5dB inclusive then a penalty of ((5/6.5) X audibility)dB shall be added to the noise level monitored for that property when assessing compliance with the above limits. Where the tonal noise from the combined effects of the wind turbines exceeds the Threshold of Audibility by more than 6.5dB then a penalty of 5dB shall be added to the noise level monitored for that property when assessing compliance with the above limits. iii) The level of noise emissions from the combined effect of the turbines shall not exceed the following when measured (as a 10 minute LA90 in free field conditions at a height of between 1.2 & 1.5m above ground level in accordance with the guidance in ETSU-R-97) at any of the dwellings known as Bryn Llys, Maes Gwyn & Ty Gwyn (being dwellings that at the time of this permission were owned and occupied by persons having a financial interest in the development). a) Between 07-00 - 23-00 either a rating level of 43dB LA90, 10 minutes or 5dB(A) above the Background Noise Level during quiet waking hours whichever is the greater.





b) Between 23-00 - 07-00hrs either a rating level of 43dB LA90, 10 minutes or 5dB(A) above the Background Noise Level during night hours whichever is the greater. Where the tonal noise from the combined effects of the wind turbines exceeds the Threshold of Audibility by between 2.0 & 6.5dB inclusive then a penalty of ((5/6.5) X audibility)dB shall be added to the noise level monitored for that property when assessing compliance with the above limits. Where the tonal noise from the combined effects of the wind turbines exceeds the Threshold of Audibility by more than 6.5dB then a penalty of 5dB shall be added to the noise level monitored for that property when assessing compliance with the above limits.


29 Upon the instruction of the Local Planning Authority, the operators of the development shall, as soon as is practicable, investigate residential property or properties where noise generation from the development in excess of the levels required by Condition 28 is alleged by measuring and assessing the level of noise from the wind turbine generators and (where appropriate information is not already available) Background Noise Level during quiet waking hours and night hours so as to establish data relevant to conditions pertaining at the time of the alleged occurrence.


30 The development shall not be commenced until a Decommissioning Method Statement has been submitted to and approved in writing by the local planning authority. The Decommissioning Method Statement shall include: i A Decommissioning Environmental Management Plan (DEMP) to include details of best working practice and measures to be undertaken during the decommissioning works to ensure that any impacts on ecological interests are minimised, managed and remediated; ii A method statement and timetable for the removal of all the above ground elements plus one metre of the turbine bases below the ground level of the turbines and the restoration of the site, all of which shall generally accord with the provisions defined in condition 10; iii Measures to control the emission of dust and dirt during decommissioning; iv Details of measures to be taken to protect groundwater beneath the site; v A traffic management plan detailing parking arrangements for site personnel, contractors and visitors, arrangements for the delivery, loading, unloading and removal of materials from the site; vi A scheme for the routing and transporting of material to be removed from the site; vii Arrangements for the storage of plant, machinery and materials used in the decommissioning process, including environmental protection and security/protection measures; viii A scheme for the protection of water courses, drainage systems (including wetlands) and the water environment from impact from the development and related works (including but without prejudice to the generality of this requirement the provision of silt traps and the methods for the containment of spillages); ix The provision of wheel washing facilities for construction traffic leaving the site; x Measures to be taken to safeguard the rights, interests and safety of users of public rights of way crossing the site during the decommissioning of the development;





xi Details of sensitive habitat areas to be avoided or safeguarded during decommissioning and proposals for demarcating and protecting such areas.

REASON: To ensure that such details are satisfactory for the reinstatement of the site in the interests of the visual amenity and the ecology of the area.

31 The decommissioning of the wind farm shall be undertaken in accordance with the approved Decommissioning Method Statement (DMS) or in accordance with an updated DMS approved in writing by the Local Planning Authority. During the 12 months prior to the expiry of 10, 20 and 24 years from the Commencement Date an updated DMS shall be submitted to the Local Planning Authority for approval which Statement shall reflect improvements in best practice methodologies and decommissioning works shall be undertaken in accordance with the last approved DMS.

REASON: To ensure that such details are satisfactory for the reinstatement of the site in the interests of the visual amenity and the ecology of the area.

32 Notwithstanding the provisions of Parts 2, 4, 5, 9, 10, 17G of the Second Schedule to the Town and Country Planning (General Permitted Development) Order 1995 and any subsequent revisions or modifications of that Order, no development contained within those Parts shall be undertaken on or adjacent to the site pursuant to the development hereby approved and related activity unless permission has previously been obtained from the Local Planning Authority.

REASON: In order that the Local Planning Authority can maintain proper control over the development in the interests of the amenities of the locality.

Informatives (if applicable) :

The applicant should contact the Rights of Way as soon as possible to discuss matters concerning the Right of Way network in connection with this application. The applicant should note that a public footpath runs along the proposed access from the A5 for approximately 180m and routes within the site cross or run along footpaths and unclassified road. Safety measures will need to be discussed and implemented prior to commencement of construction. It is an offence to carry out work within the Highway without the consent of the Highway Authority (Planning Permission does not constitute any consent under the Highways Act). The applicant must apply in writing to the Highway Authority for the necessary consent, as required under Section 278 (or any other section) of the Highways Act, 1980, to carry out work within any adopted highway. An Agreement pursuant to section 106 of the Town and Country Planning Act 1990 relates to land comprised within the application site. This permission does not grant consent pursuant to any other legislative or other provisions including (without prejudice to the generality of this informative) habitat regulations and requirements of the Environment Agency Wales).




- End of document -

Ymgeisydd / Appl icant: Nuon Renewables Abbey Warehouse Abbey Slip Penzance Cornwall England TR18 4AR

Dyddiedig / Dated: 03 May 2011

Arwyddo / Signed:

P. A. Hardwick Rheolwr Rheoli Datblygu/Adeiladu / Development/Building Control Manager

Appendix 5.1: Part C Derwydd Bach Wind Farm Consent

Page 2 Code No. 04/2007/0964/WF

(xii) Turbine foundation Typical detail, drawing 027-006, received by the Local Planning Authority on 20/7/2007.(xiii) Ditch/Stream crossing, typical detail, drawing 027-005, received by the Local Planning Authority on 20/7/2007.(xiv) Access track construction details, drawing 027-004, received by the Local Planning Authority on 20/7/2007.(xv) Site entrance detail, drawing 027-003 received by the Local Planning Authority on 20/7/2007.(xvi) Additional bat surveys in appendix 2 document accompanying Tegni letter to Local Planning Authority dated 18/8/2008.(xvii) Environmental Statement Non-Technical Summary received by the Local Planning authority on 20/7/2007.(xviii) Environmental Statement Volumes 1, 2 and 3 received by the Local Planning Authority on20/7/2007.(xvix) Planning Statement (D.I. Stewart) received by the Local Planning Authority on 20/7/2007.

subject to compliance with the condition(s) specified hereunder.

The Condition(s) is(are): GENERAL1. The development hereby permitted shall be begun before the expiration of five years from the date

of this permission.2. The planning permission shall be for a period of 25 years from the date of commissioning of the

development. Written confirmation of the date of commissioning of the development shall be provided to the Planning Authority no later than 1 calendar month after the event.

3. The turbines and ancillary structures such as anemometer masts, and the substation building, shallbe erected in the positions indicated on the submitted plans. A variation of the indicated position ofany turbine (and any associated transformer) or any track on the plans by up to 20 metres shall be permitted. Any variation greater than 20 metres shall require the written approval of the Local Planning Authority.

4. This permission relates solely to the erection of 3 bladed wind turbines as described in the application plans and drawings with a maximum height to blade tip of 120.5m from original ground level.

5. All the blades shall rotate in the same direction.6. The finish of all the turbines shall be semi-matt and their colour, including proposals for mitigating

the contrast between the tower base section and surrounding vegetation, shall be approved in writing by the Local Planning Authority before the turbines are erected on site.

7. No part of the development shall display any name, logo, sign, advertisement or means of illumination without the prior written approval of the Local Planning Authority.

8. All electricity and control cables between the turbines and the switch room shall be laid underground and alongside tracks which are constructed on the site as part of the development unless otherwise agreed in writing with the Local Planning Authority.

CONSTRUCTION METHOD STATEMENTPRE-COMMENCEMENT CONDITION

9. No work shall commence on site until a Construction Method Statement has been submitted in writing to and approved by the Local Planning Authority. The scheme shall include provisions relating to:

Keith Bellis / Huw SmallwoodTegni Cymru Cyf.Bron GraigLlangwmCorwenDenbighshireLL21 0RL

Head of Planning, Regeneration and

Regulatory Services21/07/2011

Page 3 Code No. 04/2007/0964/WF

Construction and reinstatement of the temporary site compoundConstruction and reinstatement of all internal tracks including measures to reinstate planting on

approach tracksSoil stripping managementSurface and foul water drainagePollution Prevention and Control planTraffic Management including HGV routesTraffic signing along public roadsRecording the existing state of the site

Development shall be carried out in compliance with the approved Construction Method Statement, unless otherwise approved in writing by the Local Planning Authority.

10. No works on the construction of the turbine bases or delivery of wind turbine components or wind turbine erection plant shall be permitted to commence until there have been submitted to and approved in writing by the Local Planning Authority:

(i) a scheme for the recording of existing road conditions by the developer,(ii) the local widening and improvement, at the developer's expense, of the county highway between

the B4501 and the site entrance.(iii) arrangements for the repair and reinstatement of public highways.11. Construction work on the site shall be confined to the hours of 0700-1900 Mondays to Fridays and

0700-1300 hours on Saturdays with no working on Sundays or national public holidays unless otherwise agreed in writing with the Local Planning Authority.

12. All new tracks shall be surfaced with stone from the approved borrow pit(s) or excavations for the turbine bases, unless otherwise agreed in writing by the Local Planning Authority.

13. The permanent running widths of internal access tracks shall be no greater than 5m wide (10m on bends) unless agreed in writing by the Local Planning Authority.

SURFACE WATER DRAINAGEPRE-COMMENCEMENT CONDITION

14. No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been approved by and implemented to the reasonable satisfaction of the Local Planning Authority.

15. Nothing other than uncontaminated excavated natural materials shall be tipped on the site.16. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and

surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

PRE-COMMENCEMENT CONDITION17. No development shall be permitted to commence until the written approval of the Local Planning

Authority has been obtained to an Environmental Management Plan incorporating specific details of the means of addressing/attenuating surface water run off from construction works, together with




Page 4 Code No. 04/2007/0964/WF

associated mitigation and monitoring arrangements.

DECEOMMISSIONING18. Not later than 12 months the decommissioning of the development hereby approved, a scheme for

the restoration of the site, including the dismantling and removal of all elements above ground level, and the removal of turbine bases to a depth of 1.0m, shall be submitted for the consideration of the Local Planning Authority. The scheme approved in writing by the Local Planning Authority shall be carried out and completed within 12 months from the date that the planning permission hereby granted expires.

19. If any wind turbine generator(s) hereby permitted ceases to operate for a continuous period of 6 months then, unless otherwise agreed by the Local Planning Authority, a scheme for the decommissioning and removal of the wind turbine generator(s) and any other ancillary equipment and structures relating solely to that generator(s), shall be submitted to and agreed in writing by thePlanning Authority within 6 months of the end of the cessation period. The scheme shall include details for the restoration of the site. The scheme shall be implemented within 6 months of the date of its agreement by the Local Planning Authority.

HIGHWAYS20. Full details of the proposed site access shall be submitted to and approved in writing by the Local

Planning Authority before any work commences on site.21. Facilities shall be provided and retained within the site for the loading, unloading, parking and

turning of construction vehicles in accordance with a scheme to be agreed with the Local Planning Authority, and which shall be completed before work on the turbines in commenced. These facilities shall be retained for the whole duration of the construction period.

22. Facilities shall be provided and retained within the site for loading, unloading, parking and turning of service vehicles in accordance with a scheme to be agreed with the Local Planning Authority, and which shall be completed prior to the commissioning of the wind farm.

23. The site access shall be laid out and constructed strictly in accordance with the submitted plan before works on the remainder of the development is commenced.

24. Full details of temporary accesses between the forestry roads and the public highway shall be submitted to and approved in writing to by the Local Planning Authority before any works commence on site.

25. The Construction Environmental Management Plan (CEMP) (including details of the routing of all construction vehicles, traffic management, delivery times, sweeping of roads at the interface between forestry roads and the public highway) shall be submitted to and approved in writing by the Local Planning Authority before any works commence on site.

26. Facilities for the cleaning of wheels of vehicles prior to their entering the public highway shall be provided and used and retained for the duration of the construction period.

27. Positive means to prevent the run-off of surface water from the site to the highway shall be provided to the satisfaction of the Local Planning Authority and retained so long as the development herewith approved shall remain in use.

28. Full details of any temporary floodlighting to the site compound shall be submitted to and approvedin writing by the Local Planning Authority. No light source shall be directly visible to drivers of vehicles using the adjoining highway.

29. A precondition survey, in conjunction with the County Highway Authority, shall be carried out of thedelivery routes designated in the CEMP. Any defects shall be noted and, where essential for the safety of construction traffic, shall be made good to the satisfaction of the Highway Authority before




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the developer's expense and the results submitted to the Local Planning Authority. Should any impairment to the television reception be determined by the qualified engineer as attributable to thewind farm/turbine on the basis of the baseline reception study, such impairment shall be mitigated within 6 months of this decision according to the mitigation scheme outlined.

SHADOW FLICKERPRE-COMMENCEMENT CONDITION

35. No development shall be permitted to take place until the written approval of the Local Planning Authority has been obtained to the details of a scheme to address the incidence of shadow flicker at any dwelling; such scheme to include details of photocells or other measures to control, re orientate, or shut down particular turbines. Unless agreed in writing by the Authority, any turbine producing shadow flicker effects at any dwelling shall be shut down, and the blades remain stationary until the conditions causing those effects have passed. The scheme shall be implemented as approved.

ECOLOGYPRE-COMMENCEMENT CONDITION

36. No development shall commence until a scheme has been submitted in writing to and approved bythe Local Planning Authority providing for habitat management within the site. The scheme shall include for:

(a) The identification of all wetland features, including marshland, ponds, waterways, and details of measures to protect and mitigate impacts on these features, along with a management scheme to enhance wetland features.

(b) Steps to mitigate impacts on nesting birds and water voles.(c) Steps to monitor, identified protected/priority species occurring on site or in the vicinity.(d) Measures to ensure long term protection for biodiversity features identified on site, when the

windfarm comes to the end of its life.37. Within 1 year of the construction of the wind farm all bare ground exposed by works to improve the

road exposed by works to improve the road access southwards along the track from its junction with the B5401 through the Mynydd Hiraethog SSSI should be:

(i) Between Chainage 0 and 500, reseeded with a grass mix that includes one or more of the following species of fine leaved grass species: Agrostis capillaris, Deschampsia flexuosa and Festuca ovina

(ii) Between Chainage 500 and 1225, re-seeded by the strewing of heather Calluna vulgaris bales cut on the adjacent moorland after flowering and seed set.

(iii) From Chainage 1125 out to the FCW gate, exposed bare peat should be to re-vegetate naturally.

All re-seeding should occur at the appropriate season so as to ensure optimal germination and growth. The re-seeded and re-vegetated areas should be protected from the attentions of grazing livestock by the erection of fencing. The fencing should be maintained in the case of the grass-mix for a minimum of one year and in the case of the heather strewing and re-vegetated bare peat for a minimum of three years.

38. Bat avoidance and mitigation measures shall be carried out in accordance with the details set out in the Appendix 3 of the Tegni Cymru Cyf report dated 18 August 2008 and referenced 27038 KB.JM 18-08-2008 for the duration of the development.

39. Prior to any commencement of works between 1st March and 31st August in any year, a detailed survey is required to check for nesting birds. Where nests are found in any building, hedgerow, tree or scrub to be removed (or converted or demolished in the case of buildings), a 4m exclusion




Page 7 Code No. 04/2007/0964/WF

zone to be left around the nest until breeding is complete. Completion of nesting should be confirmed by a suitably qualified person and a report submitted to the Council.

NOISE40. At the request of the Council the operator of the development shall, at its own expense, employ an

independent consultant approved by the Council to measure and assess the level of noise emissions from the wind turbine generators following the procedures described in the 'Guidance Notes' section of the consultation response from New Acoustics entitled "Derwydd Bach Wind Farm Environmental Statement - Comments on Noise Section" and dated 13 December 2007.

41. At the request of the Council, the operator of the development shall, at its expense, employ an independent consultant approved by the Council to measure and assess the tonal noise of the development in accordance with the procedure described in the 'Guidance Notes' section of the consultation response from New Acoustics entitled "Derwydd Bach Wind Farm Environmental Statement - Comments on Noise Section" and dated 13 December 2007.

42. The wind farm operator shall log wind speed and wind direction data at a grid reference to be approved by the Council as planning authority to enable compliance with conditions 40 and 41 to be monitored. This wind data shall include the wind speed in metres per second (ms-1) and the wind direction in degrees from north for each 10 minute period. At the reasonable request of the planning authority the recorded data measured at 10m height above ground level and relating to any periods during which noise monitoring took place or any periods when there was a specific noise complaint shall be made available to them. Where wind speed is measured at a height otherthan 10m, the wind speed data shall be converted to 10m height, accounting for wind shear by a method whose details shall also be provided to the planning authority. At the reasonable request of the Council the wind farm operator shall provide a list of ten-minute periods during which any one or more of a relevant set of turbines was not in normal operation. This information will only be required for periods during which noise monitoring in accordance with conditions 40 and 41 took place. The "relevant set" and "normal operation" are defined in the 'Guidance Notes' section of theconsultation response from New Acoustics entitled "Derwydd Bach Wind Farm Environmental Statement - Comments on Noise Section" and dated 13 December 2007.

43. The rating level of noise emissions from the combined effects of the wind turbine generators when measured and calculated in accordance with the 'Guidance Notes' section of the consultation response from New Acoustics entitled "Derwydd Bach Wind Farm Environmental Statement - Comments on Noise Section" and dated 13 December 2007shall not exceed the levels set out below:

The figures in the body of the tables are the rating noise levels from turbines measured in dB as an LA90 at each wind speed in accordance with the procedure set out in the guidance notes.

At Bod Petryal, Pendre Bach, Pendre Fawr, Ty-Hên, Pentre, Parc, Bryn Goleu, Minffordd, Tyn-y-Graig, Pen-y-Bryn, Tan-y-Bwlch and Bryn-Celyn:

Wind Speed m/s 4 5 6 7 8 910 and above

Individual Standard dB

38 38 38 39 41 43 43




Page 8 Code No. 04/2007/0964/WF

At all other properties:

Wind Speed m/s 4 5 6 7 8 910 and above

Individual Standard dB

35 35 35 35 38 40 42

The reason(s) for the conditions(s) is(are):1. To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.2. For the avoidance of doubt and in order that the Local Planning Authority returns control over he

longer term uses of the land.3. For the avoidance of doubt and to allow the Local Planning Authority to return control over the

development.4. For the avoidance of doubt and in the interest of visual amenity.5. For the avoidance of doubt and in the interest of visual amenity.6. For the avoidance of doubt and in the interest of visual amenity.7. For the avoidance of doubt and in the interest of visual amenity.8. In the interests of visual amenity.9. To ensure proper controls over the matters referred to minimise the impact of the development.10. In the interests of highway safety.11. In the interests of amenity of occupiers of property in the locality.12. To minimise the need for imported material and movement of HGV's on highways13. In the interests of visual amenity.14. To prevent pollution of the water environment.15. To prevent pollution of the water environment.16. To prevent pollution of the water environment.17. To ensure proper arrangements to limit surface water run off.18. To ensure adequate arrangements are in place to reinstate the site.19. To ensure adequate arrangements are in place to reinstate the site.20. In the interest of free and safe movement of traffic on the adjacent highway and to ensure the

formation of a safe and satisfactory access.21. To provide for the loading, unloading and parking of construction vehicles clear of the highway

and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.

22. To provide for loading, unloading and parking of service vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety.

23. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access.

24. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access.

25. In the interests of traffic safety.26. To ensure that no deleterious material is carried onto the highway.27. In the interests of highway safety and to prevent damage to the highway.28. To prevent glare or dazzle in the interest of traffic safety.29. In the interests of traffic safety.




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30. To ensure proper arrangements for the capture of material for access tracks, and subsequent reinstatement of the land.

31. In the interests of archaeological investigation and recording.32. In the interests of air safety.33. In the interests of air safety.34. To ensure full investigation of television reception and arrangements to address any

interference as a result of the development.35. To protect the amenity of the area36. In the interest of ecological protection and enhancement.37. To ensure the long term protection of Mynydd Hiraethog SSSI.38. For the monitoring and protection of Bats a European Protected Species.39. To avoid the disturbance and for the protection of breeding birds including Curlew.40. To minimise disturbance to residents in the vicinity of the wind farm.41. To minimise disturbance to residents in the vicinity of the wind farm.42. To minimise disturbance to residents in the vicinity of the wind farm.43. To minimise disturbance to residents in the vicinity of the wind farm.

PLANNING POLICIES RELEVANT TO THE DECISION

Denbighshire Unitary Development Plan Policy MEW 8 - Renewable energyPolicy MEW 10 - Wind powerPolicy STRAT 1 - GeneralPolicy STRAT 2 - EnergyPolicy STRAT 5 - DesignPolicy STRAT 6 - LocationPolicy STRAT 7 - EnvironmentPolicy GEN 6 - General development control requirementsPolicy GEN 8 - Planning ObligationsPolicy GEN 9 - Environmental Assessment/StatementPolicy ENV 1 - Protection of the Natural EnvironmentPolicy ENV 2 - Development affecting the AONB/AOBPolicy ENV 6 - Species ProtectionPolicy ENP 1 - PollutionPolicy ENP 4 - Impact of new development on traffic flowsPolicy TRA 8 - Transport requirements in Major developmentsPolicy TRA 10 - Public rights of wayPolicy CON 10 - Scheduled Ancient MonumentsPolicy CON 11 - Areas of Archaeological Importance




Page 12 Code No. 04/2007/0964/WF

The procedures described in i. and ii. are likely to enable you to receive the quickest possible decision onyour appeal, as the procedures for exchanging written representations are tightly timetabled. Writtenrepresentations or Hearings are not suitable for cases which have generated substantial third partyrepresentations, or which involve cases where it is desirable to cross-examine evidence.

The procedure described in iii. is usually the slowest and most expensive method of appealing and youshould only opt for this procedure if you have good reason to ask for a local hearing of your appeal.Normally, local inquiries are confined to those cases that require advocacy.

2.3 Should the appellant wish the Planning Inspectorate to appoint a Welsh speaking Inspector to hear anyappeal against the Local Planning Authority’s decision, the request should be made to the PlanningInspectorate when notice of the appeal is forwarded.

THE ADDRESS FOR APPEALS AND APPEAL FORMS

2.4 All appeals have to be submitted to the Planning Inspectorate within the relevant period of the date of theLocal Planning Authority’s decision against which you are appealing. The best way to appeal is tocomplete the Planning Inspectorate’s official appeal form which may be obtained from:

THE PLANNING INSPECTORATE, CROWN BUILDINGS, CATHAYS PARK, CARDIFF, CF10 3NQ.

2.5 The telephone number is 029 2082 3308, if you need more information or advice from the PlanningInspectorate.

3. COMPLIANCE WITH APPROVED PLANS AND CONDITIONS

3.1 You are reminded that any permission or consent must be carried out strictly in accordance with theapproved plans, and any conditions attached to the certificate of decision. If any amendments areproposed to the plans, you should not proceed without obtaining the written approval of the Local PlanningAuthority. Any proposed amendments must be notified to the Head of Planning Services in writing withdetailed plans suitably revised to illustrate the changes proposed. The Head of Planning Services willadvise in writing whether the amendments can be accepted within the terms of the permission granted, orwhether a fresh application is required. You are reminded in accordance with other Notices that it will alsobe necessary for you to ensure that amendments are acceptable to the other County CouncilDepartments and statutory bodies where separate legislation applies.

3.2 Responsibility for the accuracy of the detailed plans and drawings forming part of the submission restswith the applicant, agent or developer.

3.3 Applications for Compliance with Conditions - If this Decision Certificate includes conditions requiring thefurther consent, agreement, or approval of the planning authority, you should submit the informationrequired for consideration by way of a letter stating the reference number of the permission and thecondition in question, and with a suitable description of the proposed details, and plans or drawings to arecognised metric scale. No fee is required in connection with this type of application. The planningauthority has eight weeks to determine such an application.

3.4 Proceeding Without Permission - Any further development carried out prior to the grant of the relevantpermission/consent, without compliance with the plans and particulars forming part of this permission, orwithout compliance with the conditions of this permission, is entirely at the owner/developer’s own risk,and may oblige the planning authority to take formal Enforcement Action.

4. REQUIREMENT FOR SEPARATE CONSENTS




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4.1 It is important to appreciate that this decision certificate relates solely to an application submitted inaccordance with the Acts/Regulations specified on the first sheet of this document. The Certificate doesnot convey any approval which may be required under separate legislation or from other statutory bodies,and does not override any private legal restrictions which may prevent the implementation of the proposal.(e.g. development on land in third party ownership).

4.2 Your particular attention is drawn to the possibility that the proposal MAY require Building RegulationsConsent or oblige compliance with regulations under the control of the Council’s Public Protection Officer.The onus rests on the applicant, agent or developer to ensure all relevant consents are obtained inconnection with any development.

4.3 The erection of building extensions or other property alterations may give rise to important issues affectingthe provision of gas, electricity, water and/or telephone services for an occupier and his/her neighbours. Incertain circumstances interference may contravene legislation and you are advised that if it is possible thatthe provision of any service to the p premises is within the area of a proposed extension or alteration youshould notify the appropriate authority prior to commencing the works.

4.4 Where development involves works on or close to a boundary, including on sharedinternal walls, compliance may be necessary with the requirements of the Party Wallsetc.. Act 1996, and you should obtain separate legal advice on this matter. The LocalPlanning Authority is not responsible for the enforcement of The Party Walls etc.. Act,or for resolving private legal disputes arising therefrom.




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