The Clocaenog Forest Wind Farm Order 2014

SCHEDULE 1 Authorised project

Article 3 PART 1 Authorised development In the County of Denbighshire and in the County Borough of Conwy— A wind energy electricity generating station with an installed capacity of between 64 and 96MW comprising a nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act consisting of— Work No. 1 – Up to 32 wind turbines each sited on concrete foundations incorporating hardstanding for cranes, each turbine being fitted with rotating blades and having a height to blade tip of up to 145 metres and including external transformers located at the base of the turbine. The wind turbines comprising Work No. 1 will be situated at the following locations— Wind turbine number | Grid reference Easting | Northing WT 1 | 301118 | 358328 WT 2 | 301550 | 358106 WT 3 | 301063 | 357801 WT 4 | 300021 | 357651 WT 5 | 300510 | 357483 WT 6 | 301065 | 357256 WT 7 | 300449 | 357030 WT 8 | 301282 | 356957 WT 9 | 300057 | 356694 WT 10 | 301308 | 356533 WT 11 | 301151 | 356100 WT 12 | 300741 | 355620 WT 13 | 301320 | 355593 WT 14 | 300957 | 355275 WT 15 | 301512 | 355170 WT 16 | 301081 | 354833 WT 17 | 301599 | 354551 WT 18 | 301885 | 354174 WT 19 | 302153 | 353716 WT 20 | 301561 | 353647 WT 21 | 300770 | 353343 WT 22 | 301297 | 353291 WT 23 | 302358 | 353159 WT 24 | 300610 | 352531 WT 25 | 301716 | 352540 WT 26 | 301193 | 352528 WT 27 | 302724 | 352076 WT 28 | 300752 | 352025 WT 29 | 301198 | 351850 WT 30 | 301382 | 351501 WT 31 | 300880 | 350721 WT 32 | 301232 | 350505 In Work No. 1, references to the locations of a wind turbine are references to the centre point of that turbine. Work No. 2A – A series of electrical cables with a nominal voltage of 33 kilovolts together with a cable for the transmission of electronic communications buried beneath the surface of the ground along the general line of the tracks and roads comprised in Work No. 3 and connecting the wind turbines comprising Work No. 1 and the onsite electricity substation comprising Work No. 5A arranged in the following circuit routes— Cable circuit route number | Commencement point | Termination point 1 | Substation forming Work No. 5A | WT1 WT1 | WT2 WT2 | WT3 WT3 | WT4 WT4 | WT5 WT5 | WT7 WT7 | WT9 2 | Substation forming Work No. 5A | WT6 WT6 | WT8 WT8 | WT10 WT10 | WT11 WT11 | WT12 WT12 | WT13 WT13 | WT14 3 | Substation forming Work No. 5A | WT15 WT15 | WT16 WT16 | WT17 WT17 | WT18 WT18 | WT20 WT20 | WT21 4 | Substation forming Work No. 5A | WT19 WT19 | WT22 WT22 | WT23 WT23 | WT24 WT24 | WT26 WT26 | WT28 5 | Substation forming Work No. 5A | WT25 WT25 | WT27 WT27 | WT29 WT29 | WT30 WT30 | WT31 WT31 | WT32 Work No. 2B – A series of electrical cables with a nominal voltage of 33 kilovolts together with a cable for the transmission of electronic communications buried beneath the surface of the ground along the general line of the tracks and roads comprised in Work No. 3 and connecting the wind turbines comprising Work No. 1 and the onsite electricity substation comprising Work No. 5B arranged in the following circuit routes— Cable circuit route number | Commencement point | Termination point 1 | Substation forming Work No. 5B | WT24 WT24 | WT26 WT26 | WT28 WT28 | WT30 WT30 | WT31 WT31 | WT32 2 | Substation forming Work No. 5B | WT19 WT19 | WT22 WT22 | WT23 WT23 | WT25 WT25 | WT27 WT27 | WT29 3 | Substation forming Work No. 5B | WT15 WT15 | WT16 WT16 | WT17 WT17 | WT18 WT18 | WT20 WT20 | WT21 4 | Substation forming Work No. 5B | WT6 WT6 | WT8 WT8 | WT10 WT10 | WT11 WT11 | WT12 WT12 | WT13 WT13 | WT14 5 | Substation forming Work No. 5B | WT1 WT1 | WT2 WT2 | WT3 WT3 | WT4 WT4 | WT5 WT5 | WT7 WT7 | WT9 Work No. 3 – A series of new tracks, existing tracks subject to improvement and widening, public roads subject to widening and a series of turning heads located adjacent to tracks as described in the following tables— New tracks Access track no | Commencement point | Termination point Easting | Northing | Easting | Northing N1 | 301053 | 354912 | 301148 | 354923 N2 | 301732 | 353137 | 301759 | 353249 N7 | 300704 | 357556 | 301053 | 357760 N9 | 300551 | 354816 | 300680 | 354787 N12 | 301051 | 357035 | 301004 | 356965 N13 | 300997 | 356851 | 301005 | 356965 N14 | 301018 | 355995 | 301095 | 355964 N15 | 300780 | 355350 | 300896 | 355416 N18 | 301763 | 352551 | 301682 | 352621 N19 | 301187 | 352084 | 301232 | 351977 N20 | 300744 | 358780 | 300798 | 358668 N21 | 299761 | 357707 | 299720 | 357850 N22 | 300062 | 357628 | 299986 | 357686 N23 | 301289 | 352268 | 301345 | 352245 N24 | 301203 | 352481 | 301211 | 352434 N4 | 301260 | 351872 | 301521 | 351501 N25 | 300509 | 357483 | 300277 | 357467 N26 | 300596 | 357354 | 300614 | 357029 N27 | 301133 | 355580 | 300866 | 355375 N28 | 300784 | 355332 | 300534 | 355065 New spur tracks Access track no | Commencement point | Termination point Easting | Northing | Easting | Northing S1 | 301062 | 358319 | 301118 | 358328 S2 | 301515 | 358109 | 301549 | 358107 S3 | 301063 | 357801 | 301069 | 357772 S4 | 300030 | 357651 | 300021 | 357651 S5 | 300740 | 357556 | 300509 | 357483 S6 | 301122 | 357097 | 301065 | 357256 S7 | 300529 | 356984 | 300449 | 357030 S8 | 301122 | 357097 | 301282 | 356957 S9 | 300069 | 356708 | 300057 | 356694 S10 | 301343 | 356415 | 301308 | 356533 S11 | 301151 | 356100 | 301108 | 355973 S12 | 300741 | 355620 | 300999 | 355802 S13 | 301084 | 355554 | 301320 | 355593 S14 | 300834 | 355306 | 300957 | 355275 S15 | 301438 | 355078 | 301511 | 355170 S16 | 301081 | 354834 | 301063 | 354899 S17 | 301554 | 354556 | 301599 | 354551 S18 | 301885 | 354174 | 301845 | 354063 S19 | 301875 | 353692 | 302153 | 353716 S20 | 301475 | 353692 | 301561 | 353647 S21 | 300739 | 353256 | 300770 | 353343 S22 | 301295 | 353259 | 301297 | 353291 S23 | 302199 | 353104 | 302358 | 353159 S24 | 300686 | 352482 | 300610 | 352531 S25 | 301716 | 352540 | 301717 | 352591 S26 | 301268 | 352594 | 301193 | 352528 S27 | 302263 | 351904 | 302723 | 352077 S28 | 300841 | 352162 | 300841 | 352161 S29 | 301235 | 351963 | 301198 | 351850 S30 | 301378 | 351623 | 301382 | 351501 S31 | 301678 | 350884 | 300880 | 350721 S32 | 301301 | 350647 | 301232 | 350505 SMM1 | 299997 | 356584 | 299893 | 356575 SMM2 | 300653 | 351909 | 300734 | 351823 Existing tracks subject to improvement and widening Access track no | Commencement point | Termination point Easting | Northing | Easting | Northing E1 | 300890 | 358336 | 301051 | 358313 E2 | 301051 | 358313 | 301375 | 358861 E5 | 300649 | 357389 | 300023 | 357656 E6 | 300614 | 357029 | 301001 | 356966 E7 | 301001 | 356966 | 301122 | 357097 E8 | 300624 | 357064 | 300325 | 356915 E9 | 300330 | 356917 | 300224 | 356913 E10 | 300224 | 356913 | 299997 | 356584 E11 | 300781 | 355353 | 301103 | 355969 E12 | 301103 | 355970 | 301343 | 356415 E13 | 300570 | 355106 | 300609 | 354651 E14 | 300604 | 354689 | 300695 | 354798 E15 | 300695 | 354798 | 301053 | 354912 E16 | 301148 | 354922 | 301442 | 355081 E17 | 300609 | 354649 | 300728 | 354115 E18 | 300706 | 354150 | 301554 | 354556 E19 | 300729 | 354114 | 300659 | 353686 E20 | 300658 | 353686 | 300511 | 353164 E21 | 300510 | 353161 | 301845 | 354063 E22 | 300510 | 353161 | 300777 | 353046 E23 | 300775 | 353045 | 301194 | 353212 E24 | 301197 | 353212 | 301877 | 353693 E25 | 301196 | 353212 | 301707 | 353255 E26 | 301709 | 353255 | 301829 | 353240 E27 | 301833 | 353239 | 301908 | 353231 E28 | 301895 | 353232 | 302199 | 353104 E29 | 301731 | 353137 | 301309 | 352690 E30 | 301310 | 352692 | 300686 | 352482 E31 | 301311 | 352692 | 301191 | 352457 E32 | 301191 | 352456 | 301307 | 352227 E33 | 301191 | 352457 | 300653 | 351909 E34 | 301307 | 352227 | 301408 | 352268 E35 | 301408 | 352268 | 301552 | 352563 E36 | 301549 | 352557 | 301681 | 352621 E37 | 301849 | 352476 | 302224 | 352055 E38 | 302225 | 352055 | 302263 | 351904 E40 | 301307 | 352227 | 301187 | 352084 E41 | 301233 | 351978 | 301259 | 351861 E43 | 301521 | 351501 | 301693 | 351263 E46 | 301678 | 350885 | 301300 | 350648 E50 | 300997 | 356851 | 301018 | 355898 E51 | 301047 | 354916 | 301151 | 354924 E53 | 301053 | 357760 | 301515 | 358109 E54 | 301682 | 352621 | 301848 | 352477 E56 | 301678 | 350885 | 301693 | 351263 E57 | 300023 | 357656 | 299761 | 357707 Public roads subject to widening Public road no | Commencement point | Termination point Easting | Northing | Easting | Northing PR1 | 300744 | 358778 | 300624 | 357351 PR2 | 300624 | 357351 | 300634 | 357032 PR3 | 301085 | 355555 | 300571 | 355108 PR5 | 302454 | 350166 | 301749 | 351092 Turning Heads Grid reference Turning head number | Easting | Northing TH1 (at T3) | 301166 | 357866 TH2 (between T7 and T9) | 300226 | 356920 TH3 (at T10) | 301344 | 356350 TH4 (at T13 | 301221 | 355570 TH5 (at T15) | 301436 | 355089 TH6 (at T17) | 301501 | 354506 TH7 (at T18) | 301833 | 354061 TH8 (at T24) | 300672 | 352492 TH9 (at T25) | 301854 | 352484 TH10 (at T28) | 300817 | 352143 TH11 (at T30) | 301367 | 351613 TH12 (at T31) | 300989 | 350791 TH13 (at T32) | 301314 | 350614 In constructing Work No. 3 the undertaker may— provide temporary passing places for construction vehicles at any location along the line of the work shown on the works plan within the limits of deviation for Work No. 3; and construct culverts to carry any watercourse under Work No. 3 and extend or replace any existing culvert to carry such a watercourse. Work No. 4A – A widening of part of the of the unnamed public road shown as PR1 at X on Works Plan 1 to provide construction, maintenance and emergency site access commencing at Ordnance Survey National Grid Reference Point SJ0074458778. Work No. 4B – A widening of part of the of the unnamed public road shown as PR5 at X on Works Plan 7 to provide construction, maintenance and emergency site access commencing at Ordnance Survey National Grid Reference Point SJ0245550165. Work No. 5A – An onsite electricity substation comprising an enclosed area of hardstanding of 4080 square metres located at Ordnance Survey National Grid Reference Point SJ0136958813 and including a control building to house switch gear and control equipment. Work No. 5B – An onsite electricity substation comprising an enclosed area of hardstanding of 4080 square metres located at Ordnance Survey National Grid Reference Point SJ0215150472 and including a control building to house switch gear and control equipment. Work No. 6 – A meteorological mast for the purpose of monitoring and recording wind speed and direction as well as air temperature, having a height of 100 metres and sited on an area of hardstanding of 900 square metres and located at Ordnance Survey National Grid Reference Point SH9989356575. Work No. 6 includes a cable for the transmission of electronic communications from wind turbine No. 9 comprised in Work No. 1 along the line of existing track No. E10 and new spur track No. SMM1 comprised in Work No. 3. Work No. 7 – A meteorological mast for the purpose of monitoring and recording wind speed and direction as well as air temperature, having a height of 100 metres and sited on an area of hardstanding of 900 square metres and located at Ordnance Survey National Grid Reference Point SJ0073551823. Work No. 7 includes a cable for the transmission of electronic communications along the line of existing track No. E33 from its junction with new spur track No. S28 and new spur track No. SMM2 comprised in Work No. 3. Work No. 8 – A temporary civil construction compound comprising an enclosed area of hardstanding of 2500 square metres located at Ordnance Survey National Grid Reference Point SJ0095558354 and including a temporary office and staff welfare building together with an area for the storage of materials for use in the construction of the authorised development. Work No. 9 – A temporary civil construction compound comprising an enclosed area of hardstanding of 2500 square metres located at Ordnance Survey National Grid Reference Point SJ0178451133 and including a temporary office and staff welfare building together with an area for the storage of materials for use in the construction of the authorised development. Work No. 10 – A borrow pit for the extraction of stone to be used in the construction of the authorised development, having an area of 39,200 square metres and a depth of up to 18 metres located at Ordnance Survey National Grid Reference Point SJ0189157562. Work No. 11 – A borrow pit for the extraction of stone to be used in the construction of the authorised development, having an area of approximately 13,600 square metres and a depth of up to 16 metres located at Ordnance Survey National Grid Reference Point SJ0246654106. Work No. 12 – A borrow pit for the extraction of stone to be used in the construction of the authorised development, having an area of approximately 18,300 square metres and a depth of up to 20 metres located at Ordnance Survey National Grid Reference Point SJ0185151493. Work No. 13 – A borrow pit for the extraction of stone to be used in the construction of the authorised development, having an area of approximately 11,300 square metres and a depth of up to 19 metres located at Ordnance Survey National Grid Reference Point SJ0078050630. Work No. 14A – A temporary electrical compound comprising an enclosed area of hardstanding of 2500 square metres located adjacent to the onsite electricity substation forming Work No. 5A at Ordnance Survey National Grid Reference Point SJ0131558784. Work No. 14B – A temporary electrical compound comprising an enclosed area of hardstanding of 2500 square metres located adjacent to the onsite electricity substation forming Work No. 5B at Ordnance Survey National Grid Reference Point SJ0219750429. PART 2 Ancillary works Highway works 1 Landscaping and clearance of vegetation required in connection with Work No. 3. PART 3 Requirements Definitions 1 In this Part of this Schedule— “abnormal indivisible load” has the same meaning as in the Road Vehicles (Authorisation of Special Types) (General) Order 2003; “commencement”, in relation to the authorised development, means the date on which the authorised development begins by the carrying out of a material operation as defined in section 155 of the 2008 Act and “commence” and “commenced” shall be construed accordingly; “ecological clerk of works” means a suitably qualified environmental professional or group of professionals; “European protected species” means a species listed in Schedules 2 or 5 of the Conservation of Habitats and Species Regulations 2017; “felling” means any felling or lopping undertaken pursuant to article 28 (felling or lopping of trees) of this Order; “first export date” means the date the authorised development first exports electricity on a commercial basis; “Noise Guidance” means the guidance in Part 4 of this Schedule; “NRW” means Natural Resources Wales; “site” means land within the Order limits; “stakeholder group” means the representatives of organisations which will advise on the measures within the habitat management plan and the implementation of those measures; “TMFGL” means Tir Mostyn and Foel Goch Limited (reg no 5264934) or the owner from time to time of the Tir Mostyn and Foel Goch Wind Farm; “Welsh devolved function” has the meaning given by section 36 of the Public Bodies Act 2011; and “wind turbines” means the wind turbines forming part of Work No. 1 and “wind turbine” shall be construed accordingly. Submission and approval of details 2 Where, under any Requirement, details or a scheme or plan are to be submitted for the approval of the relevant planning authority then unless the Requirement provides otherwise— (a) those details or scheme or plan and that approval must be in writing, (b) the details, scheme or plan must be implemented as approved, and (c) the approved details, scheme or plan are to be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority, provided that no amendments may be approved by the relevant planning authority where such amendments may give rise to any materially different environmental effects to those assessed in the environment statement and that where under any Requirement there is an obligation to consult with a third party prior to the submission of any details, scheme or plan for approval to the relevant planning authority then there shall be an obligation to consult with the same third party prior to the submission of any amendments to the approved details, scheme or plan to the relevant planning authority. Time limits 3 The authorised development must be commenced within 5 years of the date of this Order. Expiry of development consent 4 (1) The development consent granted by this Order expires 25 years after the first export date. (2) Confirmation of the first export date must be provided by the undertaker to the relevant planning authority within one month of its occurrence. Decommissioning and site restoration 5 (1) Not less than 12 months before the expiry of the development consent granted by this Order, a decommissioning and site restoration scheme must be submitted to the relevant planning authority for its approval. (2) The decommissioning and site restoration scheme must include provision for— (a) removal of all above-ground elements of the authorised development (with the exception of Work No. 3 and Work No.4A or 4B), (b) removal of turbine bases and cabling to one metre below ground level, and (c) restoration of the disturbed areas. (3) Decommissioning and restoration must be completed in accordance with the approved decommissioning and site restoration scheme within the period set out in the approved scheme. Failure of turbines 6 (1) If any wind turbine fails to provide electricity to the grid for a continuous period of 12 months the undertaker must— (a) notify the relevant planning authority within one month of the expiry of that 12 month period; (b) if so instructed by the relevant planning authority, submit to the relevant planning authority within 2 months of that instruction a detailed scheme setting out how the wind turbine and its associated ancillary equipment, including cabling (but excluding the turbine bases and cabling more than one metre below ground level) is to be removed from the Order limits and how the disturbed areas will be restored, and (c) implement the approved scheme no later than 6 months from its approval unless a longer period is agreed in writing by the relevant planning authority. (2) The agreement of the relevant planning authority in paragraph (1)(c) may only be given in relation to immaterial changes where the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement. Plans 7 (1) Subject to the power to deviate set out in article 6 (power to deviate) and any other Requirement the authorised development is to be carried out in accordance with the plans or other documents certified in accordance with article 36 (certification of plans etc). (2) No wind turbine may be constructed— (a) within 50m from the highest point of existing and new forest edge, when measured from the closest part of the rotor sweep of any wind turbine; and (b) within 50m of any watercourse shown on Figure 8.1 of the environmental statement. (3) Subject to the requirements of paragraph (2), no other part of the authorised development with the exception of road widening and culverting may be carried out within 30m of any watercourse shown on Figure 8.1 of the environmental statement unless shown on the plans or other documents certified in accordance with article 36 or unless approved by the relevant planning authority. (4) The approval of the relevant planning authority in paragraph (2) may only be given in relation to immaterial changes where the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement. Construction traffic management plan 8 (1) No authorised development may commence until, following consultation with the Department of Transport of the Welsh Government and any relevant highway authority, a construction traffic management plan has been submitted to and approved by the relevant planning authority. (2) The construction traffic management plan in paragraph (1) must include— (a) construction vehicle routing plans, (b) site access plans, (c) details of the management of junctions to and crossings of the public highway and other public rights of way, (d) details of the scheduling and timing of movements of delivery vehicles including details of abnormal indivisible loads, (e) details of escorts for abnormal indivisible loads, (f) details of temporary warning signs and banksman and escort details, (g) proposals for assessing the existing condition of affected highways, (h) details of any temporary or permanent improvements to the public highway, (i) details of the implementation and management of temporary passing places along the B4501 and the unnamed road into the Site, (j) details for the making good of any incidental damage to highways by construction traffic associated with the authorised project including street furniture, structures, drainage features, highway verge and carriageway surfaces, and (k) details of the maintenance of access to TMFG wind farm from the B4501 during the construction period of any works to the B4501 in connection with the authorised development together with details of the maintenance of access to clusters B and C of the TMFG wind farm along highways PR1 and PR2 shown on the access plan during the construction of the authorised development. (3) The construction traffic management plan must be implemented as approved. (4) Before any wind turbine is removed or replaced a revised construction traffic management plan, dealing with that removal or replacement, must be submitted to and approved by the relevant planning authority. Construction method statement 9 (1) No authorised development may commence until, following consultation with NRW, a construction method statement has been submitted to and approved by the relevant planning authority. (2) The construction method statement in paragraph (1) must be based on the principles set out in the Outline Construction Method Statement, included as Annex 3.1 to the environmental statement, and include the following plans as appendices— (a) Construction Environmental Management Plan; (b) Waste Management Plan; (c) Emergency Response Plan; (d) Soil and Peat Management Plan; (e) Borrow Pit Design and Site Restoration Plan; (f) any relevant Species Protection Plans; and (g) Surface Water Management Plan. (3) The construction method statement in paragraph (1) must include details of— (a) roles and responsibilities and accountabilities for the multi-discipline team of engineering construction and environment staff, (b) mitigation measures to avoid harm to relevant protected species and minimise damage to relevant habitats, (c) the timing of construction works, including the timing of vegetation removal to avoid the potential for effects on protected species including reptiles and nesting birds, (d) the vehicle washing facilities, including siting if required to be undertaken on site, (e) the timing of works and methods of working for cable trenches, foundation works and erection of the wind turbines, (f) the timing of works and construction of the substation/control buildings and anemometry mast, (g) the cleaning of site accesses, site tracks and the adjacent public highway and the sheeting of all heavy goods vehicles taking spoil or construction materials to/from the site to prevent spillage or deposit of any materials on the highway, (h) the pollution control and prevention measures including— (i) sediment control measures, (ii) measures for the bunding of fuel, oil and chemical storage areas, (iii) sewage disposal measures, (iv) measures for the protection of water courses and ground water and soils, (v) a programme for monitoring private water supplies, water courses and water bodies before and during the authorised project, including details of the action to be taken if monitoring indicates adverse effects on private water supplies, water courses or water bodies, (i) the management of waste arisings, (j) the management of construction noise (including identification of access routes, locations of materials lay-down areas, details of equipment to be employed, operations to be carried out, mitigation measures and a scheme for the monitoring of noise), (k) a routing strategy to ensure that construction vehicles use agreed routes, (l) the handling, storage and re-use on site of excavated top soil, (m) the handling, storage and management of any peat excavated, (n) the design and construction methods of Works No. 3, and 4A or 4B, including drainage provisions, and the pollution prevention measures to be implemented to ensure there are no polluting discharges from tracks and disturbed areas including provision to ensure that no polluting discharge from those Works and disturbed areas enters any watercourse, (o) access track construction and widening including the nature, type and quantity of materials to be imported on site for backfilling operations or construction of access tracks, (p) the management of groundwater and surface water (including mitigation to protect water bodies, water courses and private water supplies), (q) the management of dust generation during excavations and soil handling, (r) the proposed location of temporary site compounds for storage of materials, machinery and parking within the sites clear of the highway, including the siting of the temporary buildings and all means of enclosure, oil/fuel and chemical storage and any proposals for temporary lighting, and details of proposals for restoration of the sites of the temporary compounds and works within 12 months of the first export date, (s) the design and construction of any culverts upgrades or replacements, (t) the method of borrow pit working including means of extraction, handling, storage and re-use of soil, drainage control and restoration, (u) the protocols and programme for any required environmental monitoring to be made publicly available on an annual basis, (v) the restoration of the site which will be temporarily used for construction, and (w) the proposed communications protocol and the mechanism for investigating complaints, including the action to be taken where complaint investigations indicate materially adverse effects have occurred as a result of the construction of the authorised project. (4) Before any wind turbine is removed or replaced a revised construction method statement, dealing with that removal or replacement, shall be submitted to and approved by the relevant planning authority. (5) The construction method statement shall be implemented as approved. Highways 10 No wind turbine parts may be delivered to the site before detailed plans and drawings in respect of Work No. 4A or 4B (whichever is decided on by the undertaker) have been submitted to and approved by the relevant planning authority and such works have been constructed in accordance with the plans and drawings so approved. 11 The authorised development may not commence until, following consultation with the Department for Transport of the Welsh Government and any relevant highway authority, details of temporary or permanent improvements to the public highway have been submitted to and approved by the relevant planning authority. The improvement works are to be implemented in accordance with the approved details. 12 The authorised development may not commence until following consultation with the Department for Transport of the Welsh Government and any relevant highway authority details of the reinstatement of the public highway and its associated street furniture following completion of the construction of the authorised development have been submitted to and approved by the relevant planning authority. The reinstatement works are to be implemented in accordance with the approved details. Construction hours 13 (1) The hours of work during the construction phase of the authorised development and any traffic movements into and out of the site associated with the construction or maintenance of the authorised development shall be 0700 to 1900 hours on Mondays to Fridays and 0700 to 1300 hours on Saturdays other than as allowed for under paragraph (2). No work may take place outside these hours, or on public holidays, unless otherwise previously agreed by the relevant planning authority. (2) Delivery of turbine and delivery and assembly of crane components and other critical operations may take place outside the times specified in paragraph (1), if approved by the relevant planning authority. 14 With respect to paragraph (2) of Requirement 13, such approval may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant planning authority that the approval is unlikely to give rise to any materially new or materially different effects from construction or maintenance activities taking place on the days and hours set out in those clauses. Habitat management plan 15 (1) No authorised development may commence until, following consultation with NRW, a detailed habitat management plan has been submitted to and approved by the relevant planning authority. (2) The detailed habitat management plan in paragraph (1) is to be based on the key objectives and principles set out in the outline habitat management plan included as Annex 9.10 to the environmental statement. (3) The habitat management plan in paragraph (1) must include measures to— (a) establish and manage heathland habitat, (b) restore and manage peatland habitat, (c) establish and manage suitable habitat for dormice, (d) contribute to grey squirrel control, (e) establish and manage suitable habitat for black grouse and nightjar, (f) monitor the effect of the authorised development and the effectiveness of habitat management upon bats, dormice, black grouse and heathland/peatland habitats. If, following consideration of monitoring results the relevant planning authority believes it is necessary to do so, management prescriptions included in the habitat management plan will be reviewed as necessary, (g) monitor the effect of the authorised development upon nightjars. If, following consideration of monitoring results the relevant planning authority believes it is necessary to do so, implement the mitigation measures set out in the environmental statement. The measures shall include undertaking a study of nightjar churring against weather conditions prior to construction commencing to inform detailed mitigation proposals, and (h) establish the membership, terms of reference and provisions for the management of the proposed stakeholder group. (4) The habitat management plan is to be implemented as approved. Access management plan 16 (1) No authorised development shall commence until, following consultation with NRW, an access management plan has been submitted to and approved by the relevant planning authority. (2) The access management plan must include— (a) details of the temporary re-routing of public rights of way during construction of the authorised development, (b) details of the permanent re-routing of FP19 prior to the operational phase, (c) details of the provision of signage and other information alerting the public to construction works, (d) details of any fencing or barriers to be provided during the construction period, (e) details as to how public rights of way, paths and roads will be inspected prior to and monitored during the construction period, (f) a commitment to return all public rights of way, paths and roads to the same condition as they were, or better, once the construction period has ceased, (g) details as to how any paths found to be impassable during surveying will be cleared, (h) details of temporary alternative routes for any public rights of way that need to be diverted, (i) details of funds for improved signage/orientation, (j) details as to the provision of a new way-marked route for the life of the development, (k) details of a communications campaign linked with the end of the construction period, (l) details of an active management plan for crossing points for public rights of way during the construction works, and (m) details of permissive routes to be provided within the public access management areas during the construction phase. (3) The access management plan is to be implemented as approved by the relevant planning authority. Felling 17 (1) All felling must be undertaken in accordance with the relevant guidance specified in paragraph (2) and NRW best practice (as amended from time to time). (2) The relevant guidance is— (a) The UK Forestry Standard; (b) UKFS Guidelines – Forests and Water (2011); (c) UKFS Guidelines – Forests and Soil (2011); (d) UKFS Guidelines – Forests and Biodiversity (2011); and (e) UKFS Guidelines – Forests and Historic Environment (2011). Appearance 18 The wind turbines may not be erected until details of their external appearance and colour and surface finish and the design and appearance of the associated external transformer/switchgear units (if any) have been submitted to and approved by the relevant planning authority. The authorised development must be completed in accordance with the approved details. 19 Notwithstanding any design or colour approved by the relevant planning authority pursuant to Requirement 18, all wind turbines must be of a 3 bladed configuration and of a semi-matt finish. 20 (1) No wind turbine may display any name, sign, symbol or logo on any external surface, unless such name, sign, symbol or logo has been approved in writing by the relevant planning authority. (2) Paragraph (1) of this Requirement does not apply to any name, sign, symbol or logo required by law or for health and safety reasons. 21 All wind turbines’ blades are to rotate in the same direction. Without prejudice to Requirement 28 the wind turbines may not be illuminated, save for a sensor-operated access light. 22 Before construction of Work No. 5A or 5B, details of the external design, appearance and finish of the substation and any associated hard standing areas, and the electrical compound must be submitted to and approved by the relevant planning authority. The authorised development is to be completed in accordance with the approved details. Shadow flicker 23 The authorised development may not commence until a scheme for the avoidance of any shadow flicker effect at any dwelling which lawfully existed or had planning permission at the date of this Order has been submitted to and approved by the relevant planning authority. The scheme must include a time limit for the investigation of complaints, and for the implementation of mitigation measures. The scheme is to be implemented as approved. Archaeology 24 (1) No authorised development may commence until a scheme of archaeological investigation has been submitted to and approved by the relevant planning authority. (2) The scheme of archaeological investigation must incorporate— (a) a walkover survey before commencement of the authorised development; (b) fencing to be provided around Twr yr Hill round barrow and Maen Cred standing stone during construction works; (c) where presence of archaeological remains is established a watching brief will be undertaken during construction to record the surviving archaeological remains; (d) a watching brief during construction of all other infrastructure to record any previously unknown archaeological remains that may be present; and (e) proposed peat core sampling. (3) The scheme of archaeological investigation shall be implemented as approved. Ecological clerk of works 25 (1) No authorised development may commence until, following consultation with NRW and approval by the relevant local planning authority, an ecological clerk of works has been appointed. (2) An ecological clerk of works is to be retained throughout the duration of civil construction works on site to advise on minimising ecological effects of the construction activities. Surface water drainage 26 (1) No authorised development may commence until, following consultation with NRW, details of the surface water drainage system (including means of pollution control) have been submitted to and approved by the relevant planning authority. (2) The details of the surface water drainage system submitted under paragraph (1) must accord with the Outline Surface Water Management Plan at Annex 8.1 of the environmental statement to ensure that existing runoff regimes are maintained where possible and no increase in peak runoff is experienced within receiving watercourses as a consequence of the authorised development and shall include a mechanism to establish a baseline for the existing surface water drainage conditions. (3) The surface water drainage system is to be constructed in accordance with the approved details. Accumulation and deposits 27 (1) No authorised development may commence until, following consultation with NRW, a written scheme for the management of any accumulations and deposits has been submitted to and approved by the relevant planning authority. (2) The approved scheme for the management of accumulations and deposits is to be implemented before and maintained during the construction, operation and decommissioning of the authorised development. Infra-red aviation lighting 28 No wind turbine shall be erected until, following consultation with the Ministry of Defence, details of the installation of infra-red aviation warning lights have been submitted to and approved by the relevant planning authority. The lights must be installed in accordance with the approved details and maintained until the wind turbines are decommissioned in accordance with Requirements. Defence Geographic Centre 29 No wind turbine may be erected before information on the accurate location of the wind turbines has been provided to the Defence Geographic Centre of the Ministry of Defence. Noise 30 (1) The level of noise immissions from the combined effects of the wind turbines (including the application of any tonal penalty), when calculated in accordance with the Noise Guidance, may not exceed the values set out in Table 1 below. Noise limits for dwellings which lawfully existed or had planning permission at the date of this Order and which are not listed in Table 1 are to be those of the physically closest location listed in Table 1 below, unless otherwise agreed with the relevant planning authority. The coordinate locations to be used in determining the location of each of the dwellings listed in Table 1 are those listed in Table 2. (2) The agreement of the relevant planning authority in paragraph (1) may only be given in relation to immaterial changes where the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement. Table 1 The LA90,10min dB noise level Location | Standardised wind speed at 10 metre height (m/s) 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 Bron Bannog | 39.1 | 39.1 | 39.1 | 39.1 | 39.1 | 39.1 | 39.1 | 39.1 | 39.1 | 41.7 | 44.3 | 46.6 Castell y Waen | 30.8 | 30.8 | 30.8 | 30.8 | 30.8 | 30.8 | 30.8 | 30.8 | 31.9 | 33.5 | 35.1 | 36.7 Cefn Rofft | 36.7 | 36.7 | 36.7 | 36.7 | 36.7 | 36.7 | 36.7 | 36.7 | 39.0 | 42.3 | 45.6 | 48.8 Cefnbannog | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 38.3 | 42.1 | 45.8 | 49.3 Crud-y-Gwynt | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.9 | 41.0 | 42.3 | 43.8 | 45.4 Cruglas | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 41.4 | 44.3 Diffws | 37.2 | 37.2 | 37.2 | 37.2 | 37.3 | 39.0 | 40.7 | 42.2 | 43.3 | 44.0 | 44.4 | 44.6 Hafod Caradoc | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.8 | 35.4 | 38.1 | 40.8 Hafod Ty Ddu | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 35.1 | 39.2 | 42.6 | 45.7 | 48.8 Hafotty Newydd | 38.7 | 38.7 | 38.7 | 38.7 | 38.7 | 38.7 | 38.7 | 38.7 | 38.9 | 41.7 | 44.5 | 47.2 Plas Nant Glyn | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 | 28.2 Tai’n-y-Waens | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 39.3 | 40.9 | 44.1 | 47.2 | 50.2 Tal-y-cefn Uchaf | 39.2 | 39.2 | 39.2 | 39.2 | 39.2 | 39.2 | 39.2 | 40.2 | 43.4 | 46.6 | 49.8 | 52.8 Trawsnant | 38.4 | 38.4 | 38.4 | 38.4 | 38.4 | 38.4 | 38.4 | 38.4 | 38.4 | 39.4 | 41.9 | 44.9 Boced | 35.1 | 35.1 | 35.1 | 35.1 | 35.1 | 35.1 | 35.1 | 35.1 | 35.1 | 36.1 | 38.6 | 41.5 Bod Petryal | 32.7 | 32.7 | 32.7 | 32.7 | 32.7 | 32.7 | 32.7 | 33.7 | 35.7 | 35.7 | 35.7 | 35.7 Bryn Bach | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 35.2 | 37.7 | 40.7 Bryn Gaseg | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 34.2 | 36.5 | 39.8 | 43.1 | 46.3 Bryn-celyn | 33.8 | 33.8 | 33.8 | 33.8 | 33.8 | 33.8 | 33.8 | 34.8 | 36.8 | 36.8 | 36.8 | 36.8 Brynhyfryd | 35.3 | 35.3 | 35.3 | 35.3 | 35.3 | 35.3 | 35.3 | 35.3 | 36.1 | 39.9 | 43.6 | 47.1 Bryn-y-gwrgi | 37.6 | 37.6 | 37.6 | 37.6 | 37.6 | 37.6 | 37.6 | 37.6 | 39.3 | 42.5 | 45.6 | 48.6 Bryn-yr-eryr | 33.1 | 33.1 | 33.1 | 33.1 | 33.1 | 33.1 | 33.1 | 33.1 | 35.5 | 38.8 | 42.1 | 45.3 Capel Hiraethog | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 40.0 | 42.9 Derwydd | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 37.6 | 40.8 | 44.2 | 47.4 Drws-y-Buddel | 31.7 | 31.7 | 31.7 | 31.7 | 31.7 | 31.7 | 31.7 | 31.7 | 31.7 | 32.7 | 35.2 | 38.2 Foel | 36.1 | 36.1 | 36.1 | 36.1 | 36.1 | 36.1 | 36.1 | 36.1 | 38.5 | 41.7 | 45.1 | 48.3 Garreg-Iwyd | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 33.4 | 36.1 | 38.8 Glan-y-gors | 34.7 | 34.7 | 34.7 | 34.7 | 34.7 | 34.7 | 34.7 | 34.7 | 34.7 | 37.3 | 39.9 | 42.2 Hafod Olygfa | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 34.6 | 38.7 | 42.1 | 45.2 | 48.3 Hafotty Bach | 36.3 | 36.3 | 36.3 | 36.3 | 36.3 | 36.3 | 36.3 | 36.3 | 36.3 | 37.3 | 39.9 | 42.8 Hafotty Hendre | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 39.6 | 41.2 | 44.4 | 47.5 | 50.5 Isgaer-wen | 38.0 | 38.0 | 38.0 | 38.0 | 38.0 | 38.0 | 38.0 | 38.0 | 38.2 | 41.0 | 43.8 | 46.5 Lodge Isaf | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 36.3 | 40.1 | 43.9 | 47.3 Lodge Uchaf | 35.7 | 35.7 | 35.7 | 35.7 | 35.7 | 35.7 | 35.7 | 35.7 | 36.5 | 40.3 | 44.0 | 47.5 Maes Cadarn | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 39.6 | 42.5 Nant Uchaf | 38.1 | 38.1 | 38.1 | 38.1 | 38.1 | 38.1 | 38.1 | 38.1 | 38.1 | 39.1 | 41.6 | 44.6 Pantdedwydd | 36.6 | 36.6 | 36.6 | 36.6 | 36.6 | 36.6 | 36.6 | 36.6 | 38.9 | 42.2 | 45.5 | 48.7 Pedair-a-dimai | 31.9 | 31.9 | 31.9 | 31.9 | 31.9 | 31.9 | 31.9 | 31.9 | 34.3 | 37.6 | 40.9 | 44.1 Pen-Bedw | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 35.5 | 36.5 | 39.0 | 41.9 Pennant | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 40.1 | 43.0 Pennant Uchaf | 32.5 | 32.5 | 32.5 | 32.5 | 32.5 | 32.5 | 32.5 | 32.5 | 32.5 | 34.6 | 37.3 | 40.0 Pen-y-bryn | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 35.2 | 36.2 | 38.2 | 38.2 | 38.2 | 38.2 Pen-y-Lan | 37.4 | 37.4 | 37.4 | 37.4 | 37.4 | 37.4 | 37.4 | 37.4 | 37.4 | 38.4 | 40.9 | 43.8 Seler | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 38.3 | 39.3 | 41.8 | 44.8 Tai Ucha | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 38.2 | 39.2 | 41.7 | 44.7 Tai’n-y-graig | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 38.7 | 41.8 | 45.0 | 48.2 | 51.3 Tal y Cefn Isaf | 38.8 | 38.8 | 38.8 | 38.8 | 38.8 | 38.8 | 38.8 | 38.8 | 40.5 | 43.7 | 46.8 | 49.8 Tan-y-bwlch | 34.8 | 34.8 | 34.8 | 34.8 | 34.8 | 34.8 | 34.8 | 35.8 | 37.8 | 37.8 | 37.8 | 37.8 Ty Newydd | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 32.0 | 33.8 | 36.5 | 39.2 Ty-nant | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 37.7 | 40.1 | 43.4 | 46.7 | 49.9 Ty’n-y-ffordd | 30.5 | 30.5 | 30.5 | 30.5 | 30.5 | 30.5 | 30.5 | 30.5 | 32.9 | 36.2 | 39.5 | 42.7 Ty-Uchaf | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 37.8 | 38.0 | 40.8 | 43.6 | 46.4 Waen Ganol | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 37.5 | 40.1 | 42.7 | 45.0 Waen Ganol2 | 37.2 | 37.2 | 37.2 | 37.2 | 37.2 | 37.2 | 37.2 | 37.2 | 37.2 | 39.8 | 42.4 | 44.7 Waen Uchaf | 38.5 | 38.5 | 38.5 | 38.5 | 38.5 | 38.5 | 38.5 | 38.5 | 38.5 | 41.1 | 43.7 | 46.0 Wern Uchaf | 27.3 | 27.3 | 27.3 | 27.3 | 27.3 | 27.3 | 27.5 | 29.5 | 31.8 | 34.3 | 37.0 | 39.7 Table 2 Coordinate locations of the properties listed in Table 1 Property | Easting | Northing Bron Bannog | 303230 | 352830 Castell y Waen | 299803 | 362240 Cefn Rofft | 300882 | 349754 Cefnbannog | 302337 | 351034 Crud-y-Gwynt | 302463 | 354928 Cruglas | 302917 | 353853 Diffws | 302388 | 357614 Hafod Caradoc | 298722 | 359204 Hafod Ty Ddu | 301570 | 359341 Hafotty Newydd | 300176 | 354208 Plas Nant Glyn | 300377 | 361202 Tai’n-y-Waens | 299856 | 351666 Tal-y-cefn Uchaf | 299732 | 352723 Trawsnant | 302393 | 356134 Boced | 302976 | 358286 Bod Petryal | 303760 | 351073 Bryn Bach | 302098 | 358784 Bryn Gaseg | 300677 | 349373 Bryn-celyn | 302053 | 349903 Brynhyfryd | 303561 | 351370 Bryn-y-gwrgi | 299592 | 350697 Bryn-yr-eryr | 300984 | 349178 Capel Hiraethog | 303741 | 354707 Derwydd | 300348 | 349609 Drws-y-Buddel | 302225 | 359813 Foel | 299701 | 350042 Garreg-Iwyd | 300264 | 359607 Glan-y-gors | 304906 | 351677 Hafod Olygfa | 301400 | 359413 Hafotty Bach | 303271 | 357991 Hafotty Hendre | 300246 | 351304 Isgaer-wen | 299620 | 354471 Lodge Isaf | 303100 | 351300 Lodge Uchaf | 302715 | 351159 Maes Cadarn | 303961 | 355254 Nant Uchaf | 302894 | 355876 Pantdedwydd | 301360 | 349728 Pedair-a-dimai | 300207 | 349245 Pen-Bedw | 303639 | 357401 Pennant | 303922 | 354677 Pennant Uchaf | 299059 | 359533 Pen-y-bryn | 301707 | 349724 Pen-y-Lan | 303807 | 356760 Seler | 302815 | 355559 Tai Ucha | 302775 | 356368 Tai’n-y-graig | 298676 | 352289 Tal y Cefn Isaf | 299388 | 352000 Tan-y-bwlch | 301894 | 349893 Ty Newydd | 299434 | 359360 Ty-nant | 300215 | 350152 Ty’n-y-ffordd | 299922 | 349210 Ty-Uchaf | 299007 | 353971 Waen Ganol | 304136 | 353152 Waen Ganol2 | 304169 | 352986 Waen Uchaf | 303718 | 353376 Wern Uchaf | 298304 | 360149 Note to Table 2: The geographical coordinate references are provided for the purpose of identifying the general location of dwellings to which a given set of noise limits applies. 31 Within 21 days from the receipt of a written request from the relevant planning authority and following a complaint to the relevant planning authority from the occupant of a dwelling which lawfully existed or had planning permission at the date this Order came into force, the undertaker must, at its own expense, employ an independent consultant approved by the relevant planning authority to assess the level of noise immissions from the authorised development at the complainant’s property following the procedures described in the Noise Guidance in Part 4. 32 The undertaker must, if directed by the relevant planning authority, switch off any of the wind turbines in order to assess compliance with the noise limits. 33 The undertaker must provide to the relevant planning authority the independent consultant’s assessment and conclusions regarding the noise complaint, including all calculations, audio recordings and the raw data upon which those assessments and conclusions are based. Such information must be provided within 3 months of the date of the written request of the relevant planning authority unless otherwise extended in writing by the relevant planning authority. 34 The undertaker must continuously log wind speed wind direction and power generation at each of the turbines on the site relating to authorised development. The undertaker must continuously log wind speed and wind direction at all anemometer masts on the site. The undertaker must provide all logged data to the relevant planning authority at its written request and in accordance with the Noise Guidance within 28 days of such request. All data is to be retained until the commencement of a decommissioning and site restoration scheme under Requirement 5. 35 (1) No authorised development may commence until an assessment demonstrating that noise from the electrical substation on the site would not exceed a level of 30 dB LAeq at the nearest residential property has been submitted to and approved in writing by the relevant planning authority. (2) The substation is to be constructed in accordance with the approved assessment. PART 4 Noise Guidance for Requirements 30 to 35 1 (1) Values of the LA90,10min noise statistic shall be measured at the complainant’s property using a sound level meter of EN 60651/BS EN 60804 Type 1, or EN 61672 Class 1 quality (or the replacement thereof) set to measure using a fast time A-weighted response as specified in BS EN 60651/BS EN 60804 or BS EN 61672-1 (or the equivalent UK adopted standard in force at the time of the measurements). This shall be calibrated in accordance with the procedure specified in BS 4142:1997 (or its replacement). These measurements shall be made in such a way that the requirements of paragraph 3 shall also be satisfied. (2) The microphone should be mounted at 1.2 to 1.5 m above ground level, fitted with a two layer windshield (or suitable alternative approved in writing from the relevant planning authority), and placed outside the complainant’s dwelling. Measurements should be made in “free-field” conditions. To achieve this, the microphone should be placed at least 3.5m away from the building facade or any reflecting surface except the ground at a location that shall be agreed with the relevant planning authority. (3) The LA90,10min measurements shall be synchronised with measurements of the 10-minute arithmetic mean average wind speed and with operational data, including power generation information for each wind turbine, from the turbine control systems of the authorised development. (4) The undertaker shall continuously log arithmetic mean wind speed and arithmetic mean wind direction data in 10 minute periods from the hub height of anemometers located on the site permanent mast unless otherwise requested by the relevant planning authority to enable compliance with the requirements to be evaluated. The mean wind speed data shall be ‘standardised’ to a reference height of 10 metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres. It is this standardised 10m height wind speed data which is correlated with the noise measurements of paragraph 2(1) in the manner described in paragraph 2(3). 2 (1) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in sub-paragraph (2). Such measurements shall provide valid data points for the range of wind speeds, wind directions, times of day and power generation requested by the relevant planning authority. In specifying such conditions the relevant planning authority shall have regard to those conditions which were most likely to have prevailed during times when the complainant alleges there was disturbance due to noise. At its request the undertaker shall provide within 28 days of the completion of the measurements all of the data collected under Requirement 31 to the relevant planning authority. (2) Valid data points are those measured in the climatic conditions specified by the relevant planning authority but excluding periods of rain. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurement periods set out in paragraph 1(3) and is situated in the vicinity of the sound level meter. (3) A least squares, “best fit” curve of a maximum 4th order polynomial or otherwise as may be agreed with the relevant planning authority shall be fitted between the standardised mean wind speed (as defined in paragraph 1(4)) plotted against the measured LA90,10min noise level. The noise level at each integer speed shall be derived from this best-fit curve. 3 Where, in the opinion of the relevant planning authority, noise immissions at the location or locations where assessment measurements are being undertaken contain a tonal component, the following rating procedure shall be used— (a) for each 10-minute interval for which LA90,10min data have been obtained as provided for in paragraph 1, a tonal assessment shall be performed on noise immissions during 2-minutes of each 10-minute period. The 2-minute periods shall be regularly spaced at 10-minute intervals provided that uninterrupted clean data are available. Where clean data are not available, the first available uninterrupted clean 2 minute period out of the affected overall 10 minute period shall be selected. Any such deviations from standard procedure as described in Section 2.1 on pages 104 – 109 of ETSU-R-97 shall be reported; (b) for each of the 2-minute samples the margin above or below the audibility criterion of the tone level difference, Ltm (Delta Ltm), shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104-109 of ETSU-R-97; (c) the margin above audibility shall be plotted against wind speed for each of the 2-minute samples. For samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be substituted; (d) a linear regression shall then be performed to establish the margin above audibility at the assessed wind speed for each integer wind speed. If there is no apparent trend with wind speed then a simple arithmetic average shall be used; (e) the tonal penalty shall be derived from the margin above audibility of the tone according to the figure below. The rating level at each wind speed shall be calculated as the arithmetic sum of the measured noise level from the authorised development, as determined from the best-fit curve described in paragraph 2, and the penalty for tonal noise. 4 If the measured noise level from the authorised development (including the application of any tonal penalty as per paragraph 3) is above the limit set out in the requirements, measurements of the influence of background noise shall be made to determine whether or not there is a breach of Requirement 30 or 35. This may be achieved by repeating the steps in paragraphs 1 and 2 with all of the wind turbines switched off in order to determine the background noise, L3, at the assessed wind speed. The wind turbine noise at this wind speed, L1, is then calculated as follows, where L2 is the measured noise level from the authorised development at the assessed wind speed with turbines running but without the addition of any tonal penalty— L 1 = 10 log [ 10 L 2 10 − 10 L 3 10 ] The measured noise level from the authorised development is re-calculated by adding the tonal penalty (if any) to the corrected noise level L1.