The North Wind Farms Connection Project

Statement of Reasons

Application reference: EN020014 March 2015

Regulation reference: The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Regulation 5(2)(h) Document reference 4.1 The Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Regulation 5(2)(h)

The North Wales Wind Farms Connection Project

Statement of Reasons

Document Reference No. 4.1 Regulation No. Regulation 5(2)(h) Author SP Manweb Date March 2015 Version V1 Planning Inspectorate Reference EN020014 No.

SP Manweb plc, Registered Office: 3 Prenton Way Prenton CH43 3ET. Registered in England No. 02366937

CONTENTS

1 SUMMARY 14

2 INTRODUCTION 27

3 THE NEED FOR THE PROPOSED DEVELOPMENT 31

4 SCOPE OF COMPULSORY ACQUISITION 44

5 DESCRIPTION OF LAND SUBJECT TO COMPULSORY ACQUISITION AND OTHER POWERS 46

6 DESCRIPTION OF THE PROPOSALS FOR THE USE AND DEVELOPMENT OF THE ORDER LAND 51

7 PURPOSE FOR WHICH THE POWERS ARE SOUGHT 55

8 JUSTIFICATION FOR POWERS OF COMPULSORY ACQUISITION 127

9 HUMAN RIGHTS 132

10 ACQUISITION BY AGREEMENT 135

11 SPECIAL CONSIDERATIONS 137

12 CONCLUSIONS 140

APPENDIX 1 - SP MANWEB'S NETWORK IN NORTH WALES

GLOSSARY

132kV 132,000 volts overhead line from the Collector Substation to Overhead Line the Terminal Point Above Elevation of land above sea level (at Newlyn) Ordnance Datum (AOD) Agricultural The classification system used by the Department for Land Environment Food and Rural Affairs based on its quality and Classification versatility. The classification ranges from Grade 1 (the best (ALC) and most versatile) through Grades 2, 3a, 3b, 3 c and 4, down to Grade 5 (least versatile) Agri- A UK government undertaking in which farmers are paid to environment farm in an environmentally sensitive way scheme / agreement Alluvium Material transported by rivers and deposited along its course Air Quality Declared by local authorities for areas where objectives Management specified in the national Air Quality Strategy are not Area (AQMA) predicted to be met Air Quality Produced by local authorities for AQMAs, setting out Action Plan measures to improve air quality (AQAP) Ancient Semi- Woodland composed of native tree species that have not Natural obviously been planted Woodland (ASNW) Aquifer A body of permeable rock that is capable of storing significant quantities of water; is undertaken by impermeable material, and through which groundwater moves Area of Non statutory designation to categorise sensitive Outstanding landscapes - designated by Denbighshire County Council Beauty (AOB) Area of An area designated under the National Parks and Access to Outstanding Countryside Act 1949 for its particularly attractive landscape Natural Beauty and unspoilt character, which should be protected and (AONB) enhanced as part of the national heritage Area of Search The term given to a wide area within which the route corridors are identified and for the purposes of the Proposed Development is shown on the Location Plan (document reference 2.1) Assessment of A method of assessment of the effect of a development on the Significance Historic Landscapes

1 of Impacts of Development on Historic Landscape areas (ASIDOHL) Associated Development which is associated with a Nationally Development Significant Infrastructure Project as defined by the Planning Act 2008 Authority The Gas and Electricity Markets Authority established under Section 1 of the Utilities Act 2000

Baseline Existing environmental conditions which are described in the ES Best and most Defined by the ALC as Grades 1, 2 and 3a. Provisional versatile (BMV) reclassification has removed sub-classifications within Grade 3, considering Grades 1 and 2 as ‘Best and Most Versatile’ (BMV) land Biodiversity The variety and abundance of species, their genetic composition, and the natural communities, ecosystems, and landscapes in which they occur Biodiversity A strategy for conserving and enhancing wild species and Action Plan wildlife habitats in the UK. Now replaced by Country (BAP) Biodiversity Strategies British Trust for Ornithology (BTO) Broad Route Initial strategic corridors identified for the Proposed Corridor(s) Development and shown on Figure 3.1 in the ES (document reference 6.16) Cable An insulated conductor designed for laying underground Cadw The historic environment service of the Welsh Government Collector The new collector substation which will be located in the Substation Clocaenog Forest and will connect the wind farms into the electricity distribution network Conductor Overhead wire(s) attached to wood poles which conduct electricity Connection and Defined within Transmission Licence Standard Conditions. use of system Condition C1 and C10 states the meaning of the code Connection and Use of System Code (CUSC) as: (CUSC) The licensee shall establish arrangements for connection and use of system in respect of matters which, other than those to which standard conditions C14 (Grid Code) and C5 (Use of system charging methodology) to C9 (Functions of the Authority) relate are calculated to facilitate the achievement of the following objectives:

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(a) the efficient discharge by the licensee of the obligations imposed upon it under the Act and by this licence; (b) facilitating effective competition in the generation and supply of electricity, and (so far as consistent therewith) facilitating such competition in the sale, distribution and purchase of electricity; and (c) compliance with the Electricity Regulation and any relevant legally binding decision of the European Commission and/or the Agency

Conservation Designated by local authorities on account of their special Area architectural or historic interest, the character and appearance of which it is intended to preserve and enhance Construction Sets out management measures required of contractors for Environmental any construction works associated with the Proposed Management Development Plan (CEMP) Construction Is when preparatory works or construction works are taking phase place until commissioning of the Proposed Development Consultation 100m wide corridor(s) within which 132kV Overhead Line Corridors could be constructed and which were the subject of pre- application consultation pursuant to the Planning Act 2008 Consultation For the purpose of the pre application consultation pursuant zone to the Planning Act 2008 a broad geographic consultation zone was defined and is shown in Appendix 7.1 of the Consultation Report (document reference 5.2.1) Countryside and Act, dated 2000, which provides for public access on foot to Rights of Way certain types of land Act (CROW) Cumulative The effects of other development schemes (whether under Effects construction, consented, or there are firm proposals for) assessed cumulatively with the Proposed Development and the Wider Scheme. These effects can be temporal (e.g. construction phases occur at the same time) or spatial (e.g. the same area is affected) Decibel (dB) The scale on which sound pressure level is expressed. It is defined as 20 times the logarithm of the ratio between the root-mean-square pressure of the sound field and a reference pressure (2x10-5Pa) Decommissionin The final phase of the Proposed Development covering all g phase activities to remove the Proposed Development from the environment once it is no longer in operational use and the undertaking of restoration works Designated area Area designated and protected by national or international law for its landscape, biodiversity, or historic interest

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Development The order made when an application has been made Consent Order pursuant to section 37 of the Planning Act 2008 for a NSIP (DCO) and the Secretary of State determines that the order should be made Distribution A code required to be prepared by a DNO pursuant to Code condition 9 (Distribution Code) of a Distribution Licence and approved by the Authority as revised from time to time with the approval of, or by the direction of, the Authority. Distribution A distribution licence granted under Section 6(1)(c) of the Licence Act.

Distribution Distribution Network Operators own and operate the Network electricity distribution network that brings electricity from the Operator (DNO) national transmission network to the consumer. SP Manweb is the DNO for North and Mid Wales, Cheshire and Merseyside Easement Allowing another person to use your land for a specific purpose, such as installing utilities Ecological Ecological Impact Assessment is part of an EIA and Impact assesses the potential effects of a development on habitats Assessment and species, particularly those protected national and (EcIA) international legislation or considered to be of particular nature conservation importance Electromagnetic Electric and magnetic fields generated by electricity Fields (EMFs) Electricity Act The Electricity Act 1989 (as amended by the Utilities Act 2000 and the Act 2004).

EN-1 National Policy Statements set out national policy against which proposals for major infrastructure projects will be assessed and decided by the Secretary of State. EN-1 is the Overarching National Policy Statement for Energy EN-5 National Policy Statements set out national policy against which proposals for major infrastructure projects will be assessed and decided by the Secretary of State. EN-5 is the National Policy Statement for Electricity Networks Infrastructure Environment Environment Agency Wales, now part of NRW, was the Agency Wales environmental regulator for Wales (EAW) Environmental A statutory process whereby a project is assessed through Impact the collection and consideration of environmental Assessment information with the aim of taking account of the predicted (EIA) effects of the proposed development on the environment in the decision making process. The findings are published in an Environmental Statement

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Environmental Report documenting the outcome of an Environmental Statement (ES) Impact Assessment Environmentally An agricultural area which needs special protection because Sensitive Area of its landscape, wildlife or historic value (ESA) Final Route Current pole positions along the centreline of the Limits of Alignment Deviation identified following consultation, technical and environmental appraisal Flood Required for developments in flood zones. It is an Consequence assessment of the potential impact of a development on Assessment flooding (FCA) Flood Zone (FZ) Areas at risk of flooding, divided into subcategories / zones Floodplain The area that would naturally be affected by flooding if a river rises above its banks Grid Code The code which NGC is required to prepare under its Transmission Licence and have approved by the Authority as from time to time revised with the approval of, or by the direction of, the Authority. Grid Supply Any point at which electricity is delivered from the National Point (GSP) Electricity Transmission System to the DNO’s Distribution System Groundwater Water flowing through or contained beneath the ground surface Guidelines for Guidelines for Landscape and Visual Impact Assessment Landscape and (Third Edition) published by the Landscape Institute and Visual Impact Institute of Environmental Management & Assessment Assessment (GVLIA) Habitat A numerical index that represents the capacity of a given Suitability Index habitat to support a selected species. Most commonly used (HSI) for great crested newts Habitats EC Directive on the conservation of natural habitats of Wild Directive Fauna and Flora (92/43/EEC) Habitats Assessment undertaken of the impacts of a project on Regulations Natura 2000 sites in accordance with the requirements of Assessment The Conservation of Habitats and Species Regulations (HRA) 2010 Heavy Goods A good vehicle greater than 3.5 tonnes gross weight Vehicle (HGV) Historic A register of known archaeological sites, monuments and Environment finds Record (HER)

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Holford Rules A series of planning guidelines for the routeing of overhead lines first developed in 1959 by Lord Holford, advisor to the then Central Electricity Generating Board (CEGB) on amenity issues. They were reviewed in the 1990s by National Grid Institute for The Chartered Institute for Archaeologists Archaeologists (IfA) Insulator Used to safely connect the conductors to wood poles or pylons International Provides scientific advice and guidance on the health and Commission on environmental effects of non-ionizing radiation Non-Ionizing Radiation Protection (ICNIRP) kV kilovolt (1000 volts) LANDMAP LANDMAP a tool developed by CCW (now NRW) to assess the diversity of all landscapes within Wales, identifying and explaining the characteristics and qualities Landscape and Assessment methodology used to assess the potential Visual Impact effects of a proposed development on the landscape Assessment (LVIA) Landscape A standard methodology for identifying, describing, Character classifying and mapping what is distinctive about our Assessment landscapes (LCA) Landscape The Chartered Institute for Landscape Architects Institute (LI) Light Goods Goods vehicles not exceeding 3.5 tonnes gross vehicle Vehicle (LGV) weight Limits of Works 1A and 1B of the Proposed Development will be Deviation (LoD) carried out within Limits of Deviation which are shown on the Works Plans. The LoD provide a degree of flexibility which is required because following the making of the DCO, micro-siting may take place in response to detailed technical survey information, particularly for unconfirmed ground conditions and / or minor alterations requested by landowners LoD have been defined laterally and vertically Listed Building A building of special architectural or historic interest which has been included on a list approved by the Secretary of State under the Planning (Listed Buildings and Conservation Areas) Act 1990 (known as the ‘Statutory List of Buildings of Special Architectural or Historic Interest’).

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Buildings are classified in grades (I, II* and II) and to show their relative importance

Local A set of action plans for habitats and species Biodiversity Action Plan (LBAP) Local A statutory document which guides future development Development Plan (LDP) Local Nature A site with features of nature conservation interest Reserve (LNR) controlled by a local authority Local Planning Is defined by S.1 of the Town and Country Planning Act Authority 1990 and, in the case of the Proposed Development is Denbighshire County Council and County Borough Council Local Wildlife Sites identified and selected for their local nature Site (LWS) conservation value Magnitude of The degree of change that a receptor is anticipated to potential effect experience as a result of the Proposed Development Megawatts Energy generated by wind farms is described in MW (MW) Mitigation Measures to avoid, reduce and offset environmental effects National Grid A system of grid references used in Great Britain Reference (NGR) National Unscheduled archaeological sites and features recorded by Monuments Cadw Record (NMR) National Nature A protected area of importance for wildlife, flora, fauna Reserve (NNR) reserved and managed for conservation National Policy Sets out national policy against which proposals for major Statements infrastructure projects will be assessed and decided by the (NPS) Secretary of State National Classification and description of the plant communities of Vegetation Great Britain Classification (NVC) Nationally Means a project designated under the Planning Act 2008 Significant Infrastructure Project (NSIP)

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Natura 2000 A European-wide network of sites protected under the sites Habitats and Birds Directives, and made up of Special Areas of Conservation and Special Protection Areas Natural An amalgamation of CCW, EAW and Forestry Commission Resources Wales, operational from 1st April 2013 Wales or Cyfoeth Naturiol Cymru NGC National Grid Electricity Transmission plc

Nitrate Areas where land drains and contributes to the nitrate found Vulnerable in “polluted” waters Zones (NVZ) North Wales Means the Proposed Development and the Wider Scheme Wind Farms Connection NSP Noise sensitive premises Order Limits Means the limits shown on the works plans within which the Proposed Development may be carried out Palaeo-channel Ancient relict watercourse Permitted Part III of the Town and Country Planning Act provides that Development the Secretary of State may grant planning permission by way of development order. The principal development order is the Town and Country Planning (General Permitted Development) Order 1995 which provides that planning permission for certain developments is granted subject to specified conditions. It provides specified permitted development rights for statutory undertakers Persons with an Section 57 of the Planning Act 2008 defines persons with an Interest in the Interest in the Land which includes: Land (PILS) (1) owners, lessees, tenants or occupiers of land; (2) persons with an interest in land or who have a power to sell land or to release land; and (3) persons who may be able to make a claim for compensation as a result of the DCO being made and implemented.. Land for these purposes means land to which the application for development consent relates Photomontage A collection of images used to create an overall image. The objective of a photomontage is to simulate the likely visual changes that would result from the Proposed Development, and to produce printed images of a size and resolution sufficient to match the perspective in the same view as would occur in reality Planning Act The legislation for Nationally Significant Infrastructure

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2008 (the Act) Projects and the requirements for development consent Planning The Planning Inspectorate administers the examination of Inspectorate applications for development consent (PINS) Planning Policy The document that sets out the Welsh Government’s Wales policies on different aspects of land use planning (PPW) Preferred Route Is identified as the preferred route corridor for the Proposed Corridor Development and is set out in the Route Corridor Study Preliminary The report of the initial environmental impact assessment Environmental findings for the Proposed Development Information Report (PEIR) Prescribed Means persons to be consulted pursuant to the Planning Consultees Act 2008 and set out in Schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Proposed The 132kV Overhead Line together with required pedestrian Development and vehicular accesses, temporary construction compound, construction laydown areas, mitigation planting and other integral works PRoW Public Right of Way which is a footpath or track over which the public have a right of access Ramsar sites Wetlands of international importance designated under the Ramsar Convention (Convention on Wetlands of International Importance, especially as Waterfowl Habitats) (1971) and ratified in the UK in 1976). The convention was held in the town of Ramsar, Iran Red Data book The IUCN (International Union for Conservation of Nature) Red List of threatened bird species categorised as Extinct, Extinct in the Wild, Critically Endangered, Endangered, Vulnerable, Near Threatened or Least Concern Regionally Designated sites of local, regional and national importance Important for geodiversity in the UK Geological Site (RIGS) Registered Park Parks and gardens which have been classified by grade to and Garden show their relative importance: (RPG) Grade I – international historic interest, Grade II* - exceptional historic interest, Grade II – national historic interest Reinstatement The actions undertaken to return a temporary working area to its previous condition, as far as reasonably practicable Requirement A requirement in Schedule 2 of the Development Consent Order

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Residual effects Effects remaining after mitigation measures have been taken into account Route corridor Search area used to provide a degree of flexibility in which to develop a route alignment, usually approximately 1km wide and shown in respect of the Proposed Development in Figure 3.1 of the ES (document reference 6.16) Route Corridor An appraisal to identify potential route corridors within a Study (RCS) defined study area Royal Records and interprets built and landscape heritage Commission on the Ancient and Historical Monuments of Wales (RCAHMW) Royal Society Large nature conservation charity for the Protection of Birds (RSPB) Scheduled An archaeological site of national importance, which is Ancient included on a schedule compiled by the Secretary of State Monument for National Heritage under the terms of the Ancient Monuments and Archaeological Areas act 1979 (as amended by the National Heritage Act 1983) Scoping An early stage within the Environmental Impact Assessment (EIA) process where the scope of the environmental studies are determined Scoping Opinion A person who makes an application for an order granting development consent may ask the Secretary of State his opinion as to the information to be provided in an ES and this is known as a Scoping Opinion Scoping Report The scoping report prepared by SP Manweb and submitted to the Secretary of State to support its application for a Scoping Opinion Screening Initial process by which project proposals are assessed to decide whether they require a formal Environmental Impact Assessment Secretary of The Secretary of State for Energy and Climate Change State (SOS) Significance The significance of effects considers the value (or sensitivity) of the receptor and the magnitude and likelihood of potential effects Site of Sites of substantive local nature conservation value Importance for Nature Conservation

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(SINC) Site of Special An area of land of special interest by reason of its flora, Scientific fauna, geology or physiographical features notified under Interest (SSSI) Section 28 of the Wildlife and Countryside Act 1981 Sites and List of known archaeological sites Monuments Record (SMR) Source A zone surrounding an aquifer where the contamination of Protection Zone the groundwater flow due to surface spills could pollute the (SPZ) aquifer SP Manweb The DNO for North and Mid Wales, Cheshire and Merseyside. The promoter of the Proposed Development

Special Area of Sites chosen to conserve the natural habitat types and Conservation species of wild flora and fauna listed in Annex I and II of the (SAC) Habitats Directive. They are the best areas to represent the range and variety of habitats and species within the European Union. Special Non statutory designation to categorise sensitive Landscape Area landscapes - designated by Conwy County Borough Council (SLA) Special Area designated under article 4 of the European Protection Area Communities Council Directive on Conservation of Wild (SPA) Birds for the protection of particularly sensitive bird species, or for regularly migrating birds: to help protect and manage areas which are important for rare and vulnerable birds because they use them for breeding, feeding, wintering or migration St Asaph Means the substation located in St Asaph and which the Substation North Wales Wind Farms Connection will connect into Statement of A statement setting out how the applicant proposes to Community consult the local community in respect of the Proposed Consultation Development and as required by section 47 of the Planning (SOCC) Act 2008 Statutory Organisations that SP Manweb is required to consult by consultees virtue of the Planning Act 2008 Statutory Companies with regulatory powers and duties, such as gas, undertakers electricity, water and transport providers / transmitters Strategic Sets out the initial technical options for the Proposed Options Report Development, and an appraisal of each option identifying (SOR) the preferred technical option for the Proposed Development Strategic Associated with Welsh Government Technical Advice Note Search Area 8 (SSA)

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Substation Generated electricity is fed into the electrify distribution network through substations. Substations control the flow of power through the network by means of transformers and switchgear, with facilities for control, fault protection and communications Technical Welsh Government Technical Advice Notes provide Advice Note supplementary guidance document on a number of planning (TAN) policy matters. Welsh Government Technical Advice (TAN) 8: Planning for (2005) sets out renewable energy, planning, technologies and design considerations Terminal Point Location at which the 132kV Overhead Line terminates and is shown on Work Plan Sheet 13 (document reference 2.3.13) The Wider The Wider Scheme incorporates the Collector Substation, Scheme underground cables from the Terminal point to St Asaph Substation, proposed works at St Asaph Substation, temporary storage areas within St Asaph Substation and the Collector Substation and diversions of existing lower voltage overhead line crossings Traffic Impact Examines the potential impact of a development on the Assessment surrounding transport network

Tree Made by a local planning authority if it appears that it is Preservation expedient in the interests of amenity to make provision for Order (TPO) the preservation of trees or woodlands in their area in order to protect such trees, groups of trees or woodlands as may be specified in the order Undergrounding Electricity cables laid underground Describes biological resources and provides detailed plans Biodiversity for conservation Action Plan (UKBAP) United Kingdom Describes habitats and provides detailed plans for Habitat Action conservation Plan (UKHAP) Vantage Point A survey method designed to record flight activity of bird Survey (VPS) species Wales National Cadw National Monuments Record of sites and events Monument Record (WNMR) Wind Farms the four wind farms at Nant Bach, Derwydd Bach, Clocaenog Forest and Brenig Wireframe Computer generated line drawing based on a digital terrain model, that illustrates the three dimensional shape of the

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landscape and any features within it

Wood poles Wooden poles used to support an overhead electricity line (either single or double) World Health The United Nations public health arm Organisation (WHO) Written Scheme A method statement setting out archaeological of Investigation investigations (WSI) Zone of A map which illustrates the potential (or theoretical) visibility Theoretical of a development Visibility (ZTV)

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1. SUMMARY

1.1 Summary

1.1.1 This Statement of Reasons (“Statement”) relates to an application by SP Manweb PLC under the Act for the North Wales Wind Farms Connection Project Development Consent Order. The DCO for the Proposed Development would grant powers to construct and install, operate and maintain an approximately 17 kilometre (km) 132kV electricity distribution connection from the Collector Substation (near Clocaenog) to the Terminal Point south of Glascoed Road.

1.1.2 This Statement explains why it is necessary, proportionate and justifiable for the DCO for the Proposed Development to include compulsory acquisition powers, and why there is a compelling case in the public interest for SP Manweb to be granted these powers.

1.1.3 SP Manweb has had regard to the provisions of the Act and advice and guidance issued in relation to the Act in promoting its DCO for the Proposed Development.

1.1.4 The matters addressed in this Statement are summarised in this section. References to numbered sections or paragraphs are to sections or paragraphs of this Statement.

1.2 Introduction (Section 2)

1.2.1 The draft DCO for the Proposed Development includes powers for the installation of an approximately 17km 132kV 300mm2 "UPAS Wood Pole" line (termed in this Statement as the 132kV Overhead Line) and integral works that form part of the 132kV Overhead Line, for example means of access and trackways (on a temporary basis for construction and maintenance), works to streets to facilitate the means of access and trackways, a temporary construction compound, scaffolds, work sites and development comprising landscaping and other works to mitigate any adverse effects of the Proposed Development.

1.2.2 Associated with the Proposed Development is The Wider Scheme. The Wider Scheme contains development that is considered by SP Manweb to be Associated Development and as such cannot be consented through a DCO. In Wales, sub-section 4 of section 115 of the Act is applicable. This provides that Associated Development may not include, subject to some very limited exceptions (which are not applicable for the North Wales Connections Project), any development in Wales.

1.2.3 In applying the Act, SP Manweb considers that the Collector Substation (which will collect the power generated by the Wind Farms), the works to the existing St Asaph Substation (which includes an underground cable to the Terminal Point), the temporary storage areas within the existing St Asaph Substation and the Collector Substation and the

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diversion of existing lower voltage overhead line crossings are Associated Development and are therefore not part of the application for a DCO. Associated Development is development that supports the NSIP, but which is not part of the NSIP.

1.2.4 Whilst the DCO for the Proposed Development does not apply for development consent in respect of the works at St. Asaph Substation, the draft DCO for the Proposed Development does include, pursuant to section 122(2)(b) of the Act, powers for the acquisition of the necessary land rights required for that part of the underground cable from the Terminal Point to the highway at Groesffordd Marli. Once at the highway, SP Manweb has statutory powers to break open the highway to install apparatus, including a cable. It is anticipated that the underground cable, and the other works at St Asaph Substation, will be permitted development.

1.2.5 The Order Limits (shown on the Land Plans) establish the extent of the land affected by the Proposed Development. The width of the Order Limits ranges from 34 m to 54 m depending on ground conditions. This width is made up of the following:

(1) in good ground conditions a 20 m corridor within which the 132kV Overhead Line would be located and 7 metres either side of that corridor representing the additional land required for construction; and

(2) in poor ground conditions a 40 m corridor within which the 132kV Overhead Line would be located and 7 metres either side of that corridor representing the additional land required for construction.

1.2.6 SP Manweb will not exercise the compulsory acquisition power in respect of the creation and acquisition of rights and the imposition of restrictions over the whole of the area shown coloured blue on the Land Plans (i.e. the 20 m to 40 m Limits of Deviation within which the 132kV Overhead Line would be located). The likely maximum easement is derived at the different pole support structures that make up the route.

1.2.7 SP Manweb has reduced the Limits of Deviation as much as possible but needs to ensure there is some flexibility to make a lateral move if necessary due to ground conditions following the micro-siting process.

1.2.8 The rights and restrictions that SP Manweb is seeking to create and acquire are identified in the Book of Reference (document reference 4.3) and are repeated in this Statement at Section 7.

1.3 The Need for the Proposed Development (Section 3)

1.3.1 The Overarching National Policy Statement for Energy (EN-1) and the National Policy Statement for Electricity Networks (EN-5) set out that it is critical that the UK continues to have secure and reliable supplies of electricity as part of the transition to a low carbon economy. The

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National Policy Statements set out the need case for new electricity transmission and distribution infrastructure to be provided.

1.3.2 To supply and distribute electricity within an area an operator is required to hold an Electricity Distribution Licence. SP Manweb, as the holder of a Distribution Licence for the Cheshire, Merseyside, Shropshire, North and Mid Wales areas and, as the Distribution Network Operator (or DNO) for these areas, must comply with various statutory and licence duties and obligations.

1.3.3 Following receipt of a connection request, SP Manweb has a duty under Condition 12 of its Distribution Licence to make a connection. Condition 12 also provides that, on receiving a request for connection, SP Manweb will enter into an agreement outlining the works required to provide that connection.

1.3.4 Following the connection requests made by the developers of the Wind Farms (RWE Renewables Ltd, Brenig Wind Ltd, Vattenfall UK and Tegni Cymru Cyf ("Wind Farm Developers") in respect of their proposed wind farms being Clocaenog Forest, Brenig, Nant Bach and Derwydd Bach within the Area A TAN 8 development area, respective connection offers were issued to the Wind Farm Developers as part of SP Manweb’s Distribution Licence obligations.

1.3.5 This request requires a new standalone connection for a capacity of up to 170MW.

1.3.6 The existing network, in the area of the Wind Farms, is insufficient in accommodating the level of generation proposed for this connection. This is principally as a result of the network evolving to only serve the smaller scale local demand.

1.3.7 The Strategic Options Report (document reference 7.3) outlines the various options which were considered, including connecting to the existing local network. The Strategic Options Report concludes that the proposed connection has to be connected to a higher voltage and capacity network since it cannot be accommodated locally.

1.3.8 Following the option assessments, a connection from the proposed new North Wales wind farm substation (near Clocaenog) to St. Asaph is considered to be the best option to provide the most economic and efficient connection for the proposed 170MW of onshore wind generation. This decision was taken in the context of SP Manweb's duties under the Electricity Act and by having regard to consultation responses received following statutory consultation carried out pursuant to the Act.

1.3.9 By virtue of SP Manweb's statutory duty to connect under the terms of its Distribution Licence, together with the need for new electricity generation pursuant to National Policy Statements EN-1 and EN-5, the

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Proposed Development is not only necessary, it is also in the public interest for it to be provided.

1.4 Scope of Compulsory Acquisition (Section 4)

1.4.1 The draft DCO for the Proposed Development contains the following powers:

(1) Article 19 - SP Manweb may create and acquire the rights and impose the restrictions described in the Book of Reference, document reference 4.3, and shown on the Land Plans, document reference 2.2.1 to 2.2.13.

(2) Article 26 - SP Manweb may temporarily use the Order land (identified on the Land Plans, document reference 2.2.1 – 2.2.13), to carry out the Proposed Development; and

(3) Article 27 – SP Manweb may temporarily use the Order land to maintain the Proposed Development.

1.4.2 As the Proposed Development principally comprises the 132kV Overhead Line, all of the acquisition powers relate to the creation and acquisition of rights and the imposition of restrictions and the temporary use of land, rather than the acquisition of freehold interests.

1.4.3 Whilst the DCO application for the Proposed Development does not apply for development consent for the underground cable from the Terminal Point to the St Asaph Substation on the grounds that it is Associated Development, pursuant to section 122(2)(b) of the Act the draft DCO for the Proposed Development includes powers for the acquisition of the necessary land rights required for that part of the underground cable from the Terminal Point to the highway at Groesfford Marli. Once at the highway, SP Manweb has statutory powers to break open the highway to install apparatus, including a cable. It is anticipated that the underground cable, and the other works at St Asaph Substation, will be permitted development.

1.5 Description of land subject to compulsory acquisition and other powers (Section 5)

1.5.1 The Proposed Development is in North Wales and crosses the administrative boundaries of Denbighshire County Council and Conwy County Borough Council.

1.5.2 One European protected site is located approximately 0.7km to the east of the Proposed Development; the Elwy Valley Woods Special Area of Conservation (SAC) is designated for its Broad-leaved deciduous woodland. There are no SSSI sites within 500m of the Proposed Development.

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1.5.3 No World Heritage Sites or Scheduled Ancient Monuments are directly affected by the Proposed Development. There are a number of listed buildings in the vicinity of the Proposed Development.

1.5.4 There are 14 public rights of way ("PRoW") running through the Order Limits. The Access and Rights of Way Plans (document reference 2.4.1 – 2.4.13) shows the PRoW that will be affected by the Proposed Development. Article 13 of the DCO for the Proposed Development, document reference 3.1, grants all the necessary powers to temporarily prohibit or restrict PRoW affected by the Proposed Development. It is SP Manweb’s intention to keep the majority of PRoW open. This will be ensured wherever possible via traffic and pedestrian marshalling. Schedule 6 of the draft DCO identifies the PRoW anticipated to be affected and how they will be affected. As can be seen from Schedule 6 of the draft DCO for the Proposed Development, access to only five of the fourteen PRoW are envisaged to be temporarily prohibited.

1.5.5 The construction of the 132kV Overhead Line will necessitate the temporary interference with streets along the route of the Order Limits. This is to allow materials being delivered to the access points along the Proposed Development, scaffold construction, conductor stringing, creation of temporary access tracks and landscaping works. The extent of this temporary interference is likely to involve either (a) the temporary restriction of one lane of a vehicular carriageway; or (b) where the street is a single vehicle street, appropriate traffic marshalling. Article 13 provides for this power and Schedule 6 identifies the streets affected and how.

1.5.6 Save for the creation of temporary access tracks from the publicly maintainable highway and the temporary interference as set out above, no further works are proposed to the publicly maintained highway.

1.5.7 SP Manweb is relying on Articles 10, 11, 12, 13 and 14 of the draft DCO for the Proposed Development in order to enter onto streets, to construct means of access and to create temporary prohibitions and restrictions of the use of streets to carry out works. Where no compulsory acquisition of rights is required on, under or over streets, then the street is not shaded on the Land Plans (i.e. it remains white) as the aforementioned Articles will be relied upon.

1.5.8 It should be noted that, in some instances (see Table 7 below), the right to create temporary access tracks extends beyond the construction of the 132kv Overhead Line to enable maintenance of the 132kV Overhead Line, albeit the access track itself will only exist temporarily for the duration of the applicable works.

1.6 Description of the proposals for the use and development of the Order Land (Section 6)

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1.6.1 The Proposed Development includes the following principal elements, all of which are either the NSIP or form part of the NSIP:

(1) Construction of an approximately 17km 132kV overhead electricity distribution connection between Clocaenog Forest and the Terminal Point, located south of Glascoed Road, B5381, near to St Asaph, both in Denbighshire. The 132kV Overhead Line would comprise conductors supported by double wood poles. The wood poles are generally no larger than 470mm in diameter, and will range between 11m and 16.6m in length. Taking into account that the nominal depth of the poles is 2.5m and the steel bracings and insulators add typically 2.3m to the length, the net result is that the actual conductor height above ground (at pole positions) is about 0.2m less than the pole length referred to. The average span between poles is 79m;

(2) A temporary construction compound at Broadleys Farm, A453, Denbighshire and temporary storage or ‘laydown areas’ along the alignment, without which the 132kV Overhead Line could not be constructed;

(3) Access points for pedestrians and vehicles along the length of the 132kV Overhead Line. These accesses are either just required for the duration of the construction period or are required for construction and, once the 132kV Overhead Line is operational, maintenance. Where the accesses are required for maintenance purposes, the accesses are created for the relevant maintenance period and then the land restored (in other words, the access works are temporary in nature and can be carried out and the land restored at any time during the operational life of the 132kV Overhead Line). Without these accesses, the 132kV Overhead Line could not be constructed or maintained;

(4) Landscaping and ecological measures to restore trees, hedgerows, and other vegetation that have been removed during construction;

(5) Landscaping to mitigate any adverse effects of the maintenance and operation of the 132kV Overhead Line; and

(6) Other integral works such as site preparation and clearance, earthworks, alteration of existing services, vegetation removal/planting and minor street works all required in order to construct and install, operate and maintain the 132kV Overhead Line.

1.6.2 The Order Limits for the Proposed Development contain a Limit of Deviation within which the 132kV Overhead Line will be located. The LoD provides a degree of flexibility to ensure that any environmental constraints, technical constraints or landowner requests can be

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accommodated. The LoD varies between 20m in areas with good ground conditions and 40m in areas with poor ground conditions.

1.6.3 Associated with the Proposed Development is The Wider Scheme. The Wider Scheme contains development that is considered by SP Manweb to be Associated Development and as such cannot be consented through a DCO. In Wales, sub-section 4 of section 115 of the Act is applicable. This provides that Associated Development may not include, subject to some very limited exceptions (which are not applicable for the North Wales Wind Farm Connections Project), any development in Wales.

1.7 Purpose for which the powers are sought (Section 7)

1.7.1 The purpose of the compulsory acquisition powers is to enable SP Manweb to construct and install, operate and maintain the Proposed Development. A range of rights, and restrictions, are necessary for these purposes.

1.7.2 Article 19 of the draft DCO would authorise SP Manweb to create and acquire compulsorily the following rights and to impose the following restrictions:

(1) Class 1: rights for the installation, maintenance and use of the Proposed Development and the imposition of restrictions to protect the Proposed Development;

(2) Class 2: rights to use land as a temporary laydown area, construction working area, access for construction and for landscaping measures and the imposition of restrictions to enable the unimpeded construction of the Proposed Development;

(3) Class 3: rights for landscaping and the imposition of restrictions to protect the landscaping; and

(4) Class 4: rights for tree felling.

1.7.3 Sections 7.1.4 to 7.1.7 of this Statement justifies the creation and acquisition these rights and the imposition of restrictions.

1.7.4 Section 7.2 of this Statement describes, on a plot by plot basis, which classes of rights are being acquired and why by reference to the relevant work number as described in Schedule 1 in the draft DCO for the Proposed Development.

1.7.5 Pursuant to Article 22 of the draft DCO for the Proposed Development:

(1) all private rights and restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictions under the DCO are to be suspended and unenforceable or, where so notified by SP Manweb, extinguished in so far as in either case

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their continuance would be inconsistent with the exercise of that right or the burden of the restriction imposed;

(2) all private rights and restrictive covenants over land of which SP Manweb takes temporary possession under the DCO are to be suspended and unenforceable for so long as SP Manweb remains in possession of the land and so far their continuance would be inconsistent with the exercise of the temporary possession of that land.

1.7.6 Article 20 of the draft DCO is based on Section 237 of the Town and Country Planning Act 1990 and gives SP Manweb the authority to carry out or use the Proposed Development and do anything else authorised by the DCO notwithstanding that it involves the interference with an interest or right or a breach of a restrictive covenant. In this case, the interest right or restrictive covenant would be overridden.

1.7.7 Part 3 of the Book of Reference, document reference 4.3, identifies the easements or other private rights which may be interfered with, suspended or extinguished, pursuant to Articles 20 and 22 of the draft DCO as a result of the Proposed Development.

1.7.8 These powers are therefore justified on the basis that they will ensure the unimpeded construction, installation, operation and maintenance of the Proposed Development from any private rights and restrictions that may be inconsistent with, or interfere with, the Proposed Development.

1.7.9 Articles 26 and 27 of the draft DCO for the Proposed Development provide for temporary use of land for carrying out the Proposed Development and temporary use of land for maintaining the Proposed Development respectively.

1.7.10 Whilst SP Manweb is seeking to acquire the necessary land rights to carry out the Proposed Development, there are likely to be instances where SP Manweb will need to take temporary possession of areas within the Order Limits. For example, to remove vegetation, remove any existing electric line apparatus and construct temporary works. Carrying out these activities, coupled with the power under Article 18 to survey and investigate any land within the Order Limits, will assist SP Manweb to ascertain where the 132kV Overhead Line will be located and thus where SP Manweb will ultimately vest the rights and restrictions sought under the draft DCO.

1.7.11 As such, the utilisation of Article 26 would be exercised before the acquisition of rights under Article 19 so as to enable the necessary micro-siting to take place to ensure that SP Manweb minimises the extent of land over which it exercises its compulsory acquisition rights. Given the nature of the Proposed Development, an electricity network, it is considered that it is not appropriate for SP Manweb to rely solely on Article 26 in order to construct the Proposed Development and that a

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combination of both Article 26 and Article 19 is justified, reasonable and necessary.

1.7.12 Similarly, SP Manweb is seeking to acquire the necessary land rights to maintain the Proposed Development. However, these Class 1 rights will only apply to the final easement strip that SP Manweb vests pursuant to Article 19 of the draft DCO for the Proposed Development, which will be within the Limits of Deviation as shown on the Works Plans. Maintenance may well require SP Manweb to enter onto land outside this strip and therefore it is necessary to include Article 27 in the draft DCO to enable SP Manweb to use land temporarily for maintenance purposes. For this reason, it is considered justified, reasonable and necessary for the draft DCO to include both Article 27 and Article 19.

1.7.13 Accordingly, Articles 26 and 27, together with Article 19, will enable SP Manweb to secure the necessary rights to construct and install, operate and maintain the 132kV Overhead Line unimpeded.

1.8 Justification for powers of compulsory acquisition (Section 8)

1.8.1 Under section 122 of the Act, a DCO which includes compulsory acquisition powers may be granted only if the conditions in sections 122(2) and 122(3) of the Act are met. The conditions to be met are:

(1) at section 122(2), that the land is required for the development to which the DCO relates or is required to facilitate or is incidental to the development, or the land is replacement land to be given in exchange under sections 131 or 132 of the Act; and

(2) at section 122(3), there is a compelling case in the public interest for inclusion of powers of compulsory acquisition in the DCO. The Secretary of State must be persuaded that the public benefits from the compulsory acquisition will outweigh the private loss suffered by those whose land is to be acquired.

1.8.2 Section 7.2 confirms why the acquisition of rights and the imposition of restrictions in respect of each plot identified on the Land Plans is needed by reference to the Work numbers described in Schedule 1 to the draft DCO for the Proposed Development. Furthermore, and as explained in Section 3 of this Statement, the Strategic Options Report (document reference 7.3) and Design and Construction Report (document reference 7.1) describe how SP Manweb initially identified options for the proposed route corridor for the 132kV Overhead Line and how the preferred option progressed to be reduced from a 100 metre width to form the Order Limits as shown on the Land Plans.

1.8.3 SP Manweb therefore considers that the section 122(2) condition is satisfied.

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1.8.4 In respect of the section 122(3) condition, Section 3 of this Statement describes the need for the Proposed Development and, accordingly, SP Manweb considers that the section 122(3) condition is satisfied.

Alternatives to compulsory acquisition

1.8.5 The Proposed Development is needed to provide the North Wales Wind Farms Connection Project to the local distribution network in accordance with SP Manweb's statutory duty. To construct and install, operate and maintain the 132Kv Overhead Line, SP Manweb requires rights, including the imposition of restrictions, over third party land.

1.8.6 SP Manweb is not seeking the acquisition of any land. Rather, the acquisition and creation of rights and imposition of restrictions.

1.8.7 Nevertheless, SP Manweb is seeking to reach voluntary agreements with landowners so as to try and avoid the need to use Article 19 of the draft DCO (see Section 10 below).

Alternatives to the Proposed Development

1.8.8 The Strategic Options Report (document reference 7.3) describes the alternative options which were considered by SP Manweb in providing this connection.

1.8.9 Any alternative line routes for the connection would also require the acquisition of rights over third party land. This means that the acquisition of rights over third party land cannot be avoided.

The proposed interest to be acquired is legitimate, necessary and proportionate

1.8.10 SP Manweb is only seeking the compulsory acquisition and creation of rights and the imposition of restrictions and is not seeking to acquire land. As explain in sections 7.1.4 to 7.1.7, the classes of rights sought are legitimate, necessary and proportionate to enable SP Manweb to construct and install, operate and maintain the 132kV Overhead Line. The imposition of restrictions is legitimate, necessary and proportionate and necessary to protect both the installation and the operation of the 132 kV Overhead Line as well as mitigation installed which is required as part of the Proposed Development (again see sections 7.1.4 to 7.1.7). The rights and restrictions are industry standard and are no greater than the rights and restrictions that SP Manweb seeks in its voluntary agreements.

Availability of funds for compensation

1.8.11 The Guidance indicates that an applicant should be able to demonstrate that there is a "reasonable prospect" of the requisite funds becoming available. The Funding Statement (document reference 4.2) which accompanies the application sets out how the Proposed Development would be funded and demonstrates that there is a reasonable prospect

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of the requisite funds being available both to pay any compensation arising from the exercise of the compulsory acquisition and temporary use powers and indeed to construct the Proposed Development.

1.9 Human Rights (Section 9)

1.9.1 The DCO for the Proposed Development has the potential to infringe the human rights of persons who own property or have rights in the land proposed to be acquired pursuant to the DCO.

1.9.2 SP Manweb considers that there would be very significant public benefit arising from the making of the DCO for the Proposed Development. That benefit can only be realised if the DCO includes compulsory acquisition powers.

1.9.3 SP Manweb considers that there is a compelling case in the public interest for the exercise of such powers of compulsory acquisition. SP Manweb considers that it would, therefore, be appropriate and proportionate for the Secretary of State to make the DCO, including the grant of compulsory acquisition powers.

1.10 Acquisition by Agreement (Section 10)

1.10.1 SP Manweb has undergone extensive consultation with those parties with an interest in the land within the Order Limits and has made offers to acquire the necessary rights by voluntary agreement subject to the DCO being granted and construction of the Proposed Development commencing.

1.10.2 SP Manweb will continue to discuss the Proposed Development with interested parties and seek voluntary agreements in order to try to avoid the need for compulsory acquisition.

1.10.3 As recognised by the Guidance, in parallel with the negotiations, SP Manweb will seek to compulsorily acquire rights in land in any event through the draft DCO. This is to ensure that in event that agreements are not reached, SP Manweb can deliver its statutory and contractual duties in relation to the Proposed Development unimpeded without potential delay should for any reason the voluntary acquisition of land rights is ultimately unsuccessful.

1.11 Special Considerations (Section 11)

Crown Land

1.11.1 Land identified as Crown Land is shown on the Crown Land Plans (document reference 2.5.1 and 2.5.2). Part 4 of the Book of Reference (document reference 4.3) identifies the plots within which the Crown has an interest (being Plots 1 to 14A inclusive).

1.11.2 The Book of Reference clearly identifies in Part 1 that the interests owned by the Crown are excluded in respect of Plots 1 to 14A inclusive.

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The Crown's interests relate to mines and minerals. However, given the Crown has an interest in Plots 1 to 14A, Plots 1 to 14A are classed as "Crown land" under the Act.

1.11.3 In order to construct and install, operate and maintain the 132kV Overhead Line, it is necessary for SP Manweb to create an interest and impose restrictions in Plots 1 to 14A.

1.11.4 In addition to the creation of interests, and imposition of restrictions, in respect of Plots 1 to 14A (under Article 19), the following Articles are also relevant in respect of the Crown land:

(1) Article 3 - development consent

(2) Article 4 – maintenance of the authorised development

(3) Article 6 – installation and operation of the authorised development

(4) Article 18 – authority to survey and investigate land

(5) Article 19 – compulsory acquisition of rights

(6) Article 20 - statutory authority to override easements and other rights

(7) Article 22 - private rights

(8) Article 24 – acquisition of subsoil or airspace only

(9) Article 26 - temporary use of land for carrying out works

(10) Article 27- temporary use of land for maintaining the authorised development

(11) Article 30 - felling/lopping trees

1.11.5 Section 135(2) of the Act provides that an order granting development may include provisions relating to Crown land, or rights benefitting the Crown, only if the appropriate Crown authority consents to the inclusion of the provision.

1.11.6 SP Manweb is in discussions with the appropriate Crown authority in respect of these plots in order to obtain their consent to the inclusion of these provisions as required under section 135.

Statutory Undertakers Land

1.11.7 As identified in Parts 1 and 2 of the Book of Reference (document reference 4.3), British Telecommunications Plc ("BT") and Dwr Cymru Cyfyngedig ("Welsh Water") each have interests in the land within the Order Limits. These interests include overhead telecommunication lines

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in respect of BT and water mains and associated apparatus in respect of Welsh Water.

1.11.8 SP Manweb has written to BT and Welsh Water in order to agree protective provisions in relation to all their interests which will be affected by the Proposed Development:

(1) SP Manweb awaits a response from BT and, as such, SP Manweb has included standard protective provisions for telecommunication undertakers in Schedule 9 of the draft DCO for the Proposed Development.

(2) SP Manweb is currently in discussions with Welsh Water, which are on-going. Welsh Water is currently identifying the relevant interests, including what apparatus and or rights will be affected by the Proposed Development. The Protective Provisions currently being negotiated with Welsh Water have been included in Schedule 9 in the draft DCO.

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2. INTRODUCTION

2.1 The Proposed Development

2.1.1 This Statement of Reasons (“Statement”) relates to an application by SP Manweb PLC under the Act for the North Wales Wind Farms Connection Project Development Consent Order. The DCO for the Proposed Development would grant powers to construct and install, operate and maintain an approximately 17 kilometre (km) 132kV electricity distribution connection from the Collector Substation (near Clocaenog) to the Terminal Point south of Glascoed Road.

2.1.2 The Proposed Development will carry the power from four proposed wind farms at Clocaenog Forest, Brenig, Nant Bach, Derwydd Bach due to be constructed in North Wales by 2017. The Proposed Development will provide the capacity necessary for the electricity distribution network in the area to transport increased power flows and meet predicted energy demand levels.

2.1.3 The draft DCO for the Proposed Development includes powers for the installation of an approximately 17km 132kV 300mm2 "UPAS Wood Pole" line (termed in this Statement as the 132kV Overhead Line) and integral works that form part of the 132kV Overhead Line, for example means of access and trackways (on a temporary basis for construction and maintenance), works to streets to facilitate the means of access and trackways, a temporary construction compound, scaffolds, work sites and development comprising landscaping and other works to mitigate any adverse effects of the Proposed Development.

2.2 The Wider Scheme

2.2.1 Associated with the Proposed Development is The Wider Scheme. The Wider Scheme contains development that is considered by SP Manweb to be Associated Development and as such cannot be consented through a DCO. In Wales, sub-section 4 of section 115 of the Act is applicable. This provides that Associated Development may not include, subject to some very limited exceptions (which are not applicable for the North Wales Wind Farm Connections Project), any development in Wales.

2.2.2 In applying the Act, SP Manweb considers that the Collector Substation (which will collect the power generated by the Wind Farms), the works to the existing St Asaph Substation (which includes an underground cable to the Terminal Point), the temporary storage areas within the existing St Asaph Substation and the Collector Substation and the diversion of existing lower voltage overhead line crossings are Associated Development and are therefore not part of the application for a DCO. Associated Development is development that supports the NSIP, but which is not part of the NSIP.

Collector Substation

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(1) SP Manweb considers that there are, in this case, alternative means of connecting and transmitting the generation at the individual Wind Farms. The proposed Collector Substation was promoted as it avoids extending the proposed 132kV Overhead Line or alternatively, the development of a larger customer developed substation. As the Collector Substation is subordinate to the NSIP (i.e. the Proposed Development), and not part of the NSIP (rather it supports the NSIP), the Collector Substation is Associated Development and therefore not part of the application for DCO. The inclusion of a temporary storage area within the Collector Substation during construction is subordinate to the NSIP and is also Associated Development.

St Asaph Substation

(2) The proposed works to St Asaph Substation, including the development of an underground cable taking the connection point at St Asaph to the Terminal Point of the NSIP (i.e. the Proposed Development), are works that are subordinate to, and support, the NSIP. However neither are considered ‘integral’ to, nor part of, the NSIP. The proposed works would avoid the need for an additional substation to be developed and connected, or for the NSIP to be extended beyond the current Terminal Point and for the development of an alternative terminal structure at a more visually prominent location. The inclusion of a temporary storage area within the St Asaph Substation during construction is subordinate to the NSIP and is also Associated Development.

Diversion of other overhead lines

(3) Along the route of the NSIP (i.e. the Proposed Development), diversions of existing lower voltage overhead line crossings will be necessary. Appendix 3 of the Design and Construction Report (document reference 7.2), identifies the proposed diversions together with the current proposed solution that is considered likely and which has been used to assess the diversions for the purposes of the cumulative assessment in the Environmental Statement. These diversions are required in order to construct the NSIP and are therefore subordinate to, and support, the NSIP.

2.3 Land rights required for the Wider Scheme

2.3.1 Whilst the DCO for the Proposed Development does not apply for development consent in respect of the works at St. Asaph Substation, the draft DCO for the Proposed Development does include, pursuant to section 122(2)(b) of the Act, powers for the acquisition of the necessary land rights required for that part of the underground cable from the Terminal Point to the highway at Groesffordd Marli. Once at the highway, SP Manweb has statutory powers to break open the highway to install apparatus, including a cable. It is anticipated that the

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underground cable, and the other works at St Asaph Substation, will be permitted development.

2.4 This Statement

2.4.1 This Statement has been prepared in compliance with the requirements of Regulation 5(2)(h) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (“the APR 2009”) and the Planning Act 2008: Guidance related to procedures for compulsory acquisition produced by the Department for Communities and Local Government as updated September 2013 (“the Guidance”).

2.4.2 This Statement forms part of a suite of documents accompanying the application for the DCO for the Proposed Development submitted in accordance with section 55 of the Act and regulation 5 of the APR 2009 and should be read alongside those documents. In particular SP Manweb has submitted the following documents relating to the compulsory acquisition powers sought as part of the Proposed Development:

(1) this Statement;

(2) plans showing the land over which it is proposed to exercise powers of compulsory acquisition or any right to use land ("the Land Plans") (document reference 2.2.1 – 2.2.13);

(3) a Book of Reference containing five parts as required by regulation 7 of the APR 2009 (document reference 4.3);

(4) a Funding Statement to explain how the proposals contained in the DCO for the Proposed Development will be funded (document reference 4.2); and

(5) an Environmental Statement, particularly Chapter 3 which outlines the main alternatives considered (document reference 6.3)

2.5 The Order Limits

2.5.1 The Order Limits (shown on the Land Plans) establish the extent of the land affected by the Proposed Development. The width of the Order Limits ranges from 34 m to 54 m depending on ground conditions. This width is made up of the following:

(1) in good ground conditions a 20 m corridor within which the 132kV Overhead Line would be located and 7 metres either side of that corridor representing the additional land required for construction; and

(2) in poor ground conditions a 40 m corridor within which the 132kV Overhead Line would be located and 7 metres either side of that corridor representing the additional land required for construction.

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2.5.2 SP Manweb will not exercise the compulsory acquisition power in respect of the creation and acquisition of rights and the imposition of restrictions over the whole of the area shown coloured blue on the Land Plans (i.e. the 20 m to 40 m Limits of Deviation within which the 132kV Overhead Line would be located). The likely maximum easement is derived at the different pole support structures that make up the route. There are a range of structures that would be required for the wooden poles forming the 132kV Overhead Line and these are described in the Design and Construction Report, document reference 7.1:

(1) For a 14 m 35 degree angle-section, the typical easement width is 18m.

(2) For a 16 m section (stayed) the typical easement width is 16m.

(3) For a 15m 4-pole terminal, the typical easement width is 15m.

(4) For a 16m Failure Containment, the typical easement width is 19m; and

(5) For an intermediate pole, the typical easement width is 9.2m.

2.5.3 SP Manweb has reduced the Limits of Deviation as much as possible but needs to ensure there is some flexibility to make a lateral move if necessary due to ground conditions following the micro-siting process.

2.5.4 The rights and restrictions that SP Manweb is seeking to create and acquire are identified in the Book of Reference (document reference 4.3) and are repeated in this Statement at Section 7.

2.5.5 This Statement sets out the justification for seeking compulsory acquisition powers within the DCO for the Proposed Development and for seeking certain other powers within the DCO which may interfere with property rights and private interests. This Statement also explains why SP Manweb considers that there is a compelling case in the public interest for the inclusion of the compulsory acquisition and certain other powers within the DCO.

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3. THE NEED FOR THE PROPOSED DEVELOPMENT

3.1 National Policy Statement context

3.1.1 Six National Policy Statements for energy infrastructure were designated by the Secretary of State for Energy and Climate Change in July 2011. The Overarching National Policy Statement for Energy (“EN- 1”) sets out that it is critical that the UK continues to have secure and reliable supplies of electricity as part of the transition to a low carbon economy. EN-1 also highlights an urgent need for new electricity transmission and distribution infrastructure to be provided.

3.1.2 Paragraph 3.7.2 of EN-1 states:

“As noted in Parts 2 and 3 of this NPS, it is likely that demand for electricity will increase significantly over the coming decades. Factors contributing to such growth include the development of new housing and business premises (the number of households in England is projected to grow to 27.8 million by 2031 and the increased use of electricity in domestic and industrial heat and transport. Lack of sufficiently robust electricity networks can cause, or contribute to, large scale interruptions. Existing transmission and distribution networks will have to evolve and adapt in various ways to handle increases in demand, but construction of new lines of 132 kV and above will also be needed to meet the significant national need for expansion and reinforcement of the UK’s transmission and distribution networks.”

3.1.3 Paragraph 3.7.7 of EN-1 goes on to say:

“new lines will have to be built, and the location of renewable energy sources and designated sites for new stations makes it inevitable that a significant proportion of those new lines will have to cross areas where there is little or no transmission infrastructure at present, or which it may be claimed should be protected from such intrusions.”

3.1.4 The National Policy Statement for Electricity Networks Infrastructure (“EN-5”) makes it clear that the location of new lines is often determined by the location of the generating station. Paragraph 2.2.2 of EN-5 states:

"The general location of electricity network projects is often determined by the location, or anticipated location, of a particular generating station and the existing network infrastructure taking electricity to centres of energy use. This gives a locationally specific beginning and end to a line." 3.1.5 EN-5 also explains that the need for a network connection project can be assessed on the basis of contracted generation or reasonably anticipated future requirements.

3.1.6 The Planning Statement, document reference 7.4, sets out the planning policy position in respect of the Proposed Development.

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3.2 The Need Case

Background to Duties

3.2.1 This section provides an overview of the electricity industry with reference to SP Manweb, its distribution network, regulatory regime and the price control mechanisms which SP Manweb has to operate within and the overarching statutory duties placed upon SP Manweb under the Electricity Act.

3.2.2 To supply and distribute electricity within an area an operator is required to hold an Electricity Distribution Licence. SP Manweb, as the holder of a Distribution Licence for the Cheshire, Merseyside, Shropshire, North and Mid Wales areas and, as the Distribution Network Operator (or DNO) for these areas, must comply with various statutory and licence duties and obligations including:

(1) under section 9 of the Electricity Act to develop and maintain an efficient, co-ordinated and economical system of electricity distribution;

(2) under Section 16 of the Electricity Act to give a supply of electricity and/or provide a connection to an owner or occupier of any premises by means of electric lines, plant or both; and

(3) under section 38 and Schedule 9 of the Electricity Act to ensure that SP Manweb does not have a detrimental effect on amenity when carrying out its undertakings. Schedule 9 states that a licence holder, such as SP Manweb, has a general responsibility when formulating proposals for new electric lines to:

“have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest; and… do what [it] reasonably can to mitigate any effect which the proposals would have on natural beauty of the countryside or on any such flora, fauna, features, sites, buildings or objects.”

Licence requirements 3.2.3 Distribution Licences are granted subject to various standard conditions. SP Manweb must adhere to these licence conditions so as to demonstrate compliance with the various design and operational standards placed upon it for the design and operation of its distribution network.

3.2.4 These standards and conditions play a fundamental part of SP Manweb’s approach in the design and provision of any electrical connection, and have formed an integral part when considering the Proposed Development. Such conditions further serve to ensure that

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SP Manweb complies with the necessary responsibilities placed upon it as a licence holder.

3.2.5 A request for a connection to the SP Manweb Distribution Network was received by SP Manweb from the developers of the Wind Farms (RWE Npower Renewables Ltd, Brenig Wind Ltd, Vattenfall UK and Tegni Cymru Cyf ("Wind Farm Developers") in respect of their proposed wind farms being Clocaenog Forest, Brenig, Nant Bach and Derwydd Bach within the Area A TAN 8 development area. This request requires a new standalone connection for a capacity of up to 170MW.

3.2.6 Following receipt of a connection request, SP Manweb has a duty under Condition 12 of its Distribution Licence to make a connection. Condition 12 also provides that, on receiving a request for connection, SP Manweb will enter into an agreement outlining the works required to provide that connection.

3.2.7 Following the connection requests made by the Wind Farm Developers, respective connection offers were issued to the Wind Farm Developers as part of SP Manweb’s Distribution Licence obligations.

3.2.8 More detailed reference to the statutory duties and obligations placed upon SP Manweb as Distribution Licence holder including the review of options can be found within the North Wales Wind Farms Connection Project Strategic Options Report 2014 ("the Strategic Options Report") (document reference 7.3).

SP Manweb's Existing Distribution Network in North Wales 3.2.9 The SP Manweb Distribution Network operates at:

(1) 132kV and 33kV extra high voltage (EHV)

(2) 11kV, 6.6kV, 6.3kV and 6.0kV high voltage (HV); and

(3) 400V and 230V low voltage(LV)

and provides generation and demand connections to industrial, commercial and domestic customers.

3.2.10 The SP Manweb distribution network consists of approximately 24,800 circuit kilometres of 132kV, 33kV and HV overhead line and underground cable as detailed in the table below1:

Line Length (km) Voltage Level Overhead Line Underground Cable 132kV 1,289 249 33kV 1,893 1,791 HV 12,393 7,185

1 SP Manweb Distribution Long term Development Statement for the years 2013/14 to 2017/18

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3.2.11 More detailed reference to the electrical network connectivity can be found within the Strategic Options Report (document reference 7.3). Reference to this will aid understanding of the area of interest which covers the North Wales area ranging from Connahs Quay, Pentir and St Asaph.

3.2.12 The relevant parts of the SP Manweb distribution network are shown schematically in Figure 1 - Overall Schematic view of SP Manweb Connahs Quay / Pentir / St Asaph 132kV Group. This shows the extensive Connahs Quay / Pentir / St Asaph 132kV distribution network:

Figure 1 - Overall Schematic view of SP Manweb Connahs Quay / Pentir / St Asaph 132kV Group

3.2.13 For this Connahs Quay / Pentir / St Asaph 132kV distribution network, the SP Manweb Grid Supply Point (GSP) interface with the National Grid Electricity Transmission (NGET) is at Connahs Quay A GSP substation via two 400/132kV 240 mega volt ampere (MVA) supergrid transformers ("SGTs") and also at Pentir GSP substation via a further two supergrid transformers. This network is referred to as the "Connahs Quay / Pentir / St Asaph 132kV Group" and is shown as the circuits labelled ‘AC’ and ‘AD’ on Figure 1 above.

3.2.14 The Connahs Quay / Pentir / St Asaph 132kV Group supplies energy to a geographical area which encompasses Connahs Quay, Hawarden, Saltney, Deeside, Hollywell, St Asaph, Colwyn Bay, , Pentir, Bangor and Caernarfon. This is a large area and comprises over 191,000 customers, ranging from domestic to industrial customers. This regional network in relation to the Tan 8 SSA area can be seen in Appendix 1 of this report.

3.2.15 Appendix 1 shows that the existing network, in the area of the Wind Farms is insufficient in accommodating the level of generation proposed

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for this connection. This is principally as a result of the network evolving to only serve the smaller scale local demand.

3.2.16 The Strategic Options Report (document reference 7.3) outlines the various options which were considered, including connecting to the existing local network. All options are summarised in Table 3 below. The Strategic Options Report concludes that the proposed connection has to be connected to a higher voltage and capacity network since it cannot be accommodated locally.

Physical Network and Characteristics 3.2.17 The combined length of the ‘AC’ and ‘AD’ 132kV circuits (shown on Figure 1) between Connahs Quay and Pentir is approximately 85km. The ratings2 of the ‘AC’ and ‘AD’ 132kV circuits are the same and are illustrated in Table 1 – ‘AC’ and ‘AD’ overhead line ratings below:

MVA Rating3,4 Winter Summer Intact 111 89 First Circuit Outage5 123 99 Second Circuit Outage 132 106

Table 1 – ‘AC’ and ‘AD’ overhead line ratings

3.2.18 Further details of the principle circuit construction types and age can be found within the Strategic Options Report (document reference 7.3).

System Group Demand 3.2.19 The maximum demands for the Connahs Quay / Pentir / St Asaph 132kV Group are illustrated below in in Figure 2 - Connahs Quay / Pentir / St. Asaph Maximum Group demands (Historic & forecasted). These show that there is a steady increasing level of system demand for the Group and is not untypical.

2 Circuits within the SP Manweb Distribution Network have associated Summer and Winter ratings. These ratings are such as to ensure that the temperature of the conductor does not exceed its thermal rating. If this rating is exceeded, then there is a risk of failure of the conductor or, for overhead lines, risk of clearance distances between spans being exceeded where conductors would sag to a level lower than the required minimum height clearance. As ambient temperatures for the UK in the Winter are typically colder than Summer, Winter circuit ratings are therefore slightly higher than those in the Summer 3 National Grid Technical Guidance Note TGN 26, Appendix D, Table D1 4 Energy Networks Association Engineering Recommendation P27 5 ER P2/6: First Circuit Outage (FCO) includes a winter fault outage which may take 90 days to repair and a Second Circuit Outage (SCO) to be a summer maintenance outage followed by a fault which may take 24 hours to restore

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Connahs Quay / Pentir / St.Asaph maximum group demand 600 (MVA) MVA Linear (MVA ) 500

400

300

200

100

0

Figure 2 - Connahs Quay / Pentir / St. Asaph Maximum Group demands (Historic & forecasted)

3.2.20 The ‘AC’ and ‘AD’ 132kV circuits in the Connahs Quay / Pentir / St Asaph Group therefore provide fundamental support for the connection of load and generation across the North Wales area. As illustrated in Figure 2 - Connahs Quay / Pentir / St. Asaph Maximum Group demands (Historic & forecasted), the maximum winter demand for this Group in 2013/14 was ~450 MVA6.

3.2.21 This net demand of ~450MVA is met by the respective National Grid Transmission network which feeds into the SP Manweb distribution network. Any embedded generation within the SP Manweb distribution network will clearly offset this net demand.

Generation 3.2.22 Table 2 below lists the existing large embedded generation connected into the Connahs Quay / Pentir / St Asaph 132kV Group and into the 33kV network. It also illustrates future embedded generation connections (principally the Wind Farms).

6 Net group demand for Connahs Quay /Pentir/ St Asaph at Monday 25th November 2013, 17:30, taking cognisance of existing embedded generation contribution.

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Installed Connection Prime Generator Capacity Voltage mover (MVA) (kV) Existing connections

Wind turbine 90 132 (Kinmel Bay) (Off shore) Wind North Hoyle turbine 60 33 (Off shore) Wind Tir & Foel Gogh 22.5 33 turbine Dolgarrog Hydro 39 33 Total existing 221.5 connected Future connections

Wind Clocaenog Forest 84.2 33 turbine Wind Brenig 47.4 33 turbine Wind Nant Bach 23.2 33 turbine Wind Derwedd Bach 24.2 33 turbine Total 390.5 existing and future

Table 2 - Existing connected embedded generation 3.2.23 Table 2 clearly illustrates that there is a large level of predominant wind generation connected within the Connahs Quay / Pentir / St Asaph 132kV Group, and the connection of the proposed Wind Farms significantly increases this connected generation.

3.2.24 However, studies have concluded that the proposed additional generation from the Wind Farms can be accommodated in the Connahs Quay / Pentir / St Asaph 132kV Group along with the existing levels of connected generation as outlined in Table 2.

3.2.25 A third off-shore wind farm, Gwynt y Mor, is currently under construction. However, this generation will feed in directly into the National Grid 400 kV network near St Asaph and will not connect to the SP Manweb distribution network.

3.2.26 Other smaller embedded generation remains connected within the 33kV and 11kV network. This however has been omitted for clarity with only the larger higher level generation illustrated in the table.

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System Power Flows 3.2.27 Power flow modelling shows there is no system overloads or voltage issues for the existing Connahs Quay / Pentir / St Asaph 132kV Group and current connections. These are illustrated and outlined further within the Strategic Options Report (document reference 7.3).

3.2.28 The relevant part of SP Manweb's distribution network for the connection of the proposed Wind Farms is the Connahs Quay / Pentir / St Asaph 132kV Group.

3.2.29 The overall system demand of the Connahs Quay / Pentir / St Asaph 132kV Group is seen to be ~450MVA and show a typical steady increasing level of system demand.

3.2.30 No system overloads or voltage issues are present for the existing Connahs Quay / Pentir / St Asaph 132kV Group. Any generation therefore connecting into the Group must not detract from these current levels of system security or introduce any unnecessary network risks.

The Requirement to connect the North Wales Wind Farms 3.2.31 SP Manweb, as outlined earlier, is required to offer terms for connections under section 16 of the Electricity Act.

3.2.32 SP Manweb, as part of its statutory duty (outlined further within the Strategic Options Report (document reference 7.3)) is currently contracted to connect some 170 MW of wind generation as part of the North Wales Wind Farms Connection Project.

3.2.33 Wind farms vary in size from 2-3 MW single turbine clusters to 100’s of MW multi array schemes and are dispersed over a wide area, and so to collect electricity from wind farms and transport it to the transmission system requires a combination of 33 kV and 132kV connections.

3.2.34 The proposed Wind Farms consist of a group of 4 wind farm developments promoted by the Wind Farm Developers in and around the Brenig / Clocaenog Forest area. The Wind Farms are listed below and the connections for these are due to be made from 2017 onwards.

3.2.35 The export capacities required by these connections are detailed below and total some 170MW (179MVA7):

(1) Clocaenog Forrest Wind Farm – 80MW (84.2MVA)

(2) Brenig Wind Farm – 45MW (47.4MVA)

(3) Nant Bach Wind Farm – 22MW (23.2MVA)

(4) Derwydd Bach Wind Farm – 23MW (24.2MVA)

7 Assuming 0.95 power factor

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3.2.36 No current connection to the SP Manweb distribution network exists for the Wind Farms, with all four of the Wind Farm Developers applying for an unfirm8 connection to the SP Manweb distribution network.

3.2.37 As required under SP Manweb’s Distribution Licence, the respective applications have been assessed resulting in a ‘Shared’ solution for connection to the SP Manweb distribution network being offered and accepted by all four Wind Farm Developers.

3.2.38 It is considered that this shared connection provides an economic, efficient and enduring connection for the respective four Wind Farm Developers, and maintains the statutory level of supply security for the existing SP Manweb distribution network.

Need for proposed connection and options considered

3.2.39 As outlined earlier, there is a total of 170 MW of new generation contracted to connect to the SP Manweb distribution network for the North Wales Wind Farms Connection Project (within TAN 8 SSA A). The connections are due to be made from 2017 onwards.

3.2.40 This level of generation cannot be connected locally and therefore the SP Manweb network must be extended to accommodate the connection. This would involve extending the existing 132kV network to the locality of the proposed generation.

3.2.41 The Strategic Options Report (document reference 7.3) outlines the system options which were assessed to provide a connection. The Strategic Options Report should be reviewed alongside this Statement in order to establish a greater detailed understanding of the options and alternatives to the North Wales Wind Farms Connection Project which were considered.

Connection Agreements

3.2.42 As outlined within the Strategic Options Report (document reference 7.3), the current closest GSP to TAN8 SSA A is at Legacy, near Wrexham, one of the main supply points into both north and mid Wales. This, however, will not be the case once the GSP at Bodelwyddan comes into service 2014/5 and so this has been considered when assessing options. Legacy GSP will of course remain connected as this is a pivotal part of the SP Manweb distribution network for the area.

3.2.43 The connection to the network of this significant level of contracted generation in North Wales will require new electrical infrastructure because it cannot be accommodated in the existing infrastructure.

8 An ‘unfirm’ connection is a connection which, under first circuit outage conditions, would require the customer to either disconnect or constrain their contracted levels of demand and/or generation under such conditions. A simple example would be a single circuit to a connected customer which would be classed as ‘unfirm’ since it is a single connection.

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Design Process 3.2.44 Various aspects of the distribution network need to be considered when reviewing the network suitability to accommodate new connections. These are explained further in the Strategic Options Report (document reference 7.3) but include:

(1) thermal conditions

(2) fault levels

(3) voltage levels

(4) security of supply

(5) losses

(6) underground cables

3.2.45 As stated earlier, SP Manweb has a statutory duty to develop and maintain an efficient, coordinated and economical system of electricity distribution under the Electricity Act. This includes a duty to connect new generating stations to the distribution network.

3.2.46 For the purposes of providing connection offers to developers and prior to carrying out detailed engineering and environmental assessments, a preliminary network design and assessment is prepared by SP Manweb as the basis for any connection offer.

3.2.47 The subsequent strategic design options as set out in this Statement are driven by the resulting accepted connection offers. Key assumptions in these assessments include:

(1) the design of the generators being in accordance with the connection applications received (or as subsequently amended);

(2) the contracted position (i.e. accepted connection offers); and

(3) the need to maintain the appropriate level of security of supply for the SP Manweb distribution network.

3.2.48 Appendix 1 to this report shows the existing distribution network infrastructure in North Wales and its relationship to the wind farms in and around the TAN 8 SSA A area. The wind farms (existing and future) are shown as an open square containing an identifying number which are listed in Appendix 1.

3.2.49 Some of this wind generation is already connected to the 33 kV network in the area (e.g. wind farms 1 to 5, dark green squares in Appendix 1).

3.2.50 The strategic options considered, along with the proposed preferred connection arrangement, are described in detail in the Strategic Options Report (document reference 7.3).

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3.2.51 Table 3 – Principal option summary table outlines the principle options considered and shows the summary of these options.

Option Description Additional Comments Option Status Summary DN Do Nothing Does not connect any of the contracted Option discounted because wind farms. breach of SP Manweb’s licence obligation to offer terms for connection. CEN Connect to Existing network is already close to its Option discounted because Existing limit with existing/contracted generation breach of SP Manweb’s licence Network connections, and there is insufficient obligation to preserve the integrity spare 33kV capacity to connect the of the distribution system and offer contracted generation. terms for connection. GC New GSP Construction of a new GSP on the Although technically satisfactory, near Corwen 400 kV circuit near Corwen, and a new this option is discounted because BSP adjacent to it. of its higher cost and the time needed to establish 400 kV infrastructure. BL 132 kV 35 km of 132 kV HDWP line required Option discounted. Technically connection to from SSA A to Legacy or Brymbo. The satisfactory, but not the lowest Brymbo or 132 kV line crosses the Clwydian Range cost option and impact on AONB Legacy AONB. For connection at Brymbo, the balance against SP Manweb’s Brymbo to Legacy 132 kV circuit Statutory Duties. requires uprating. CQ 132 kV 36 km of 132 kV HDWP line required Option discounted. Technically connection to from SSA A to Connah’s Quay. The 132 satisfactory, but not the lowest Connah’s kV line would cross the Clwydian Range cost option and impact on AONB Quay AONB. balance against SP Manweb’s Statutory Duties. H 132kV 30 km of 132 kV HDWP line required Option discounted. Technically connection to from SSA A to Holywell. The 132 kV line satisfactory, but not the lowest Holywell- would cross the Clwydian Range AONB. cost option and impact on AONB The Holywell to Connah’s Quay 132 kV balance against SP Manweb’s circuit requires uprating Statutory Duties. SA 132kV 25 km of 132 kV HDWP line required The lowest cost option that is also connection to from SSA A to St Asaph. technically satisfactory. St Asaph D 132kV 35 km of 132 kV HDWP line required Technically satisfactory, but not connection to from SSA A to Dolgarrog. 132 kV the lowest cost option. Dolgarrog substation required at Dolgarrog. The Dolgarrog to St Asaph 132 kV circuit requires uprating. T 132kV 45 km of 132 kV HDWP line required Option discounted. Technically connection to from SSA A to Trawsfynydd. The 132 satisfactory, but not the lowest Trawsfynydd kV line would go through the cost option and impact on National National Park. Park balance against SP Manweb’s Statutory Duties. MW Mid Wales 60 km of 132 kV HDWP line required Technically satisfactory, but not Hub from SSA A to the Mid Wales Hub at the lowest cost option. Connection Bryngwyn.

Table 3 – Principal option summary table Proposed Connection 3.2.52 Following the option assessments summarised in Table 3 – Principal option summary table, a connection from the proposed new North Wales wind farm substation (near Clocaenog) to St. Asaph is

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considered to be the best option to provide the most economic and efficient connection for the proposed 170MW of onshore wind generation.

3.2.53 This connection would require an approximately 17km 132kV 300mm2 "UPAS Wood Pole" line (termed in this Statement as the 132kV Overhead Line) and integral works that form part of the 132kV Overhead Line, for example means of access and trackways (on a temporary basis for construction and maintenance), works to streets to facilitate the means of access and trackways, a temporary construction compound, scaffolds, work sites and development comprising landscaping and other works to mitigate any adverse effects of the Proposed Development.

3.2.54 Associated with the Proposed Development is The Wider Scheme. The Wider Scheme contains development that is considered by SP Manweb to be Associated Development and as such cannot be consented through a DCO. In Wales, sub-section 4 of section 115 of the Act is applicable. This provides that Associated Development may not include, subject to some very limited exceptions (which are not applicable for the North Wales Wind Farm Connections Project), any development in Wales.

3.2.55 In applying the Act, SP Manweb considers that the following elements (termed in this Statement as the "Wider Scheme") are Associated Development and are therefore not part of the application for a DCO. Associated Development is development that supports the NSIP, but which is not part of the NSIP:

(1) the Collector Substation (which will collect the power generated by the Wind Farms);

(2) the works to the existing St Asaph Substation (new 132kV feeder bay and 132kV Bus section reactor together with a 3.5km 132kV cable (at St. Asaph end to facilitate substation entry));

(3) temporary storage areas within the existing St Asaph Substation and the Collector Substation; and

(4) the diversion of existing lower voltage overhead line crossings.

3.2.56 A planning application was submitted to Denbighshire County Council on 23rd December 2014 (planning application reference: 23/2014/1440) in respect of the Collector Substation. Regarding the remainder of the elements comprising the Wider Scheme, these elements will either be consented through SP Manweb's permitted development rights or a planning application will be made under the Town and Country Planning Act 1990.

3.2.57 Further details of the options considered and assessments can be found in the Strategic Options Report (document reference 7.3).

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Conclusions

3.2.58 The Connahs Quay / Pentir / St Asaph 132kV Group distribution network is insufficient for the current Group demand. In the year 2013/14, there was an electricity connection of 221.5 MVA against a net demand of 450 MVA. This net demand of ~450MVA is met by the respective National Grid Transmission network which feeds into the SP Manweb distribution network. Any embedded generation within the SP Manweb distribution network will clearly offset this net demand.

3.2.59 This demand is projected to be maintained in 2014/15. Added to which, the connection request from the Wind Farm Developers in respect of the Wind Farms necessitates an additional standalone connection for a capacity of up to 170 MW. As such, SP Manweb's distribution network is currently insufficient for the future connection for the Wind Farms; SP Manweb is obliged to provide a connection to the four Wind Farms as part of its Distribution Licence obligations.

3.2.60 The Strategic Options Report recommends the Proposed Development. By virtue of SP Manweb's statutory duty to connect under the terms of its Distribution Licence, together with the need for new electricity generation pursuant to National Policy Statements EN-1 and EN-5, the Proposed Development is not only necessary, it is also in the public interest for it to be provided.

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4. SCOPE OF COMPULSORY ACQUISITION

4.1 Compulsory Acquisition Powers

4.1.1 The draft DCO for the Proposed Development contains the following powers:

(1) Article 19 - SP Manweb may create and acquire the rights and impose the restrictions described in the Book of Reference, document reference 4.3, and shown on the Land Plans, document reference 2.2.1 to 2.2.13. The creation of rights is required to enable SP Manweb to construct and install, operate and maintain the 132kV Overhead Line, as well as to carry out landscaping/ecological measures and tree felling, without impediment. The imposition of restrictions is required to protect the 132kV Overhead Line and landscaping/ecological measures.

(2) Article 26 - SP Manweb may temporarily use the Order land (identified on the Land Plans, document reference 2.2.1 – 2.2.13), to carry out the Proposed Development; and

(3) Article 27 – SP Manweb may temporarily use the Order land to maintain the Proposed Development.

4.1.2 As the Proposed Development principally comprises the 132kV Overhead Line, all of the acquisition powers relate to the creation and acquisition of rights and the imposition of restrictions and the temporary use of land, rather than the acquisition of freehold interests.

4.1.3 The land which is subject to compulsory acquisition powers, and the land which is subject to powers of temporary use, is identified on the Land Plans (document reference 2.2.1 – 2.2.13) and set out in the Book of Reference (document reference 4.3).

4.1.4 In order for the 132kV Overhead Line to connect into the existing SP Manweb substation at St Asaph, works are required at the St Asaph Substation which include an underground cable from the St Asaph Substation to the Terminal Point. As explained at sections 2.2 to 2.2.2 and 3.2.54 and 3.2.55 of this Statement, these works including the underground cable are Associated Development and, pursuant to the Act, cannot be consented through a DCO. However, pursuant to section 122(2)(b) of the Act, the draft DCO for the Proposed Development includes powers for the acquisition of the necessary land rights required for that part of the underground cable from the Terminal Point to the highway at Groesffordd Marli. Once at the highway, SP Manweb has statutory powers to break open the highway to install apparatus, including a cable. It is anticipated that the underground cable, and the other works at St Asaph Substation, will be permitted development.

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4.1.5 This Statement seeks to justify the inclusion of these powers in the draft DCO for the Proposed Development. Parts 5 and 6 of the draft DCO includes the Articles that relate to compulsory acquisition or the interference with third party rights.

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5. DESCRIPTION OF LAND SUBJECT TO COMPULSORY ACQUISITION AND OTHER POWERS

5.1 Physical Description of the land within the Order Limits

5.1.1 This section describes the land within the Order Limits, including its location, use and topography. The land which is to be subject to the creation and acquisition of new rights, the imposition of restrictions and temporary use is shown on the Land Plans (document reference 2.2.1 – 2.2.13) and set out in the Book of Reference (document reference 4.3). The works, including the Limits of Deviation, for which purpose the creation and acquisition of new rights, imposition of restrictions and temporary use is required and necessary, are shown on the Works Plans (document reference 2.3.1 – 2.3.13) and described in Schedule 1 to the draft DCO (document reference 3.1).

5.1.2 The Proposed Development is in North Wales and crosses the administrative boundaries of Denbighshire County Council and Conwy County Borough Council. The geographical extent of the Proposed Development is shown in Figure 4 below:

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Figure 4 Location Plan showing the Order Limits for the Proposed Development

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5.1.3 The Proposed Development has been divided into four sections to make it easier to focus on specific parts of the Proposed Development during consultation and assessment.

Section a: Clocaenog to Bwlch

5.1.4 The 132kV Overhead Line exits the proposed Collector Substation, located within the Clocaenog Forest immediately adjacent to the Clocaenog Forest wind farm substation. The 132kV Overhead Line runs north through the edge of the managed forestry, and crosses open grazing land on the ridge of Tir Mostyn (400m Above Ordnance Datum (AOD)), adjacent to the Tir Mostyn wind farm, before dropping down to 350m AOD. The 132kV Overhead Line turns north east to run along the upper Lliwen valley slopes, parallel and above the B4501, through a landscape of small pastoral fields enclosed by hedgerows. After crossing the B5435 the alignment turns further east and drops down to cross a watercourse before rising up to a local ridge near Bron Heulog.

Section b: Bwlch to Eriviat

5.1.5 The 132kV Overhead Line turns north at the minor road near Bron Heulog, running through a rolling pastoral landscape with medium sized fields enclosed by hedgerows and pockets of deciduous woodland. The 132kV Overhead Line drops down from a ridge at approximately 280m AOD, running past a block of woodland, in a local valley to the west which it then utilises as it runs past College Farm to the east of Peniel village, to cross the B4501 near Plan Captain. To the north of the B4501 past Segrwyd, the 132kV Overhead Line turns north-west, towards the Afon Ystrad and Pandy Wood. The 132kV Overhead Line passes through an open, small to medium scale, undulating pastoral landscape bounded by hedgerows with scattered mature trees, until it drops down to cross the wooded valley of the Afon Ystrad at Pandy. Continuing north-west and crossing a minor road between Bach and Bryn Amlwg, the 132kV Overhead Line turns north at Bodeiliog Uchaf (170m AOD). The 132kV Overhead Line crosses the A543 to the east of Eriviat Hall and continues north through a relatively open pastoral landscape, bounded by hedgerows with scattered mature trees with significant blocks of woodland to the west of the 132kV Overhead Line, before turning north-east, skirting the base of Beacon Hill, through a shallow valley past Coed-Wern-Ddu.

Section c: Eriviat to Plas Buckley

5.1.6 At this point the 132kV Overhead Line runs broadly north-west to pass to the west of Berain. The 132kV Overhead Line runs across slightly higher land to the west of Henllan, crossing undulating farmland with well-kept hedgerows and mature trees. The 132kV Overhead Line crosses two well wooded river valleys and passes to the east of Hafod Wood. To the immediate north of Berain the 132kV Overhead Line continues north-west running through a pastoral landscape on slightly

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rising ground, with a medium scale field pattern to run to the north-east of Berain bounded by hedgerows and mature trees, and broadly parallel to a road across undulating farmland to Plas Buckley and Bod- ysgawen-isaf (130m).

Section d: Plas Buckley to Groesffordd Marli

5.1.7 The 132kV Overhead Line turns north to drop down the valley sides of the Afon Elwy where the open valley sides allow extensive views although large blocks of largely deciduous woodland provide screening. The 132kV Overhead Line crosses the narrow and well wooded valley bottom and rising to Coed y Fadir (90m AOD) turning north-east and continuing to rise up the valley side to Plas Hafod with a local concentration of attractive mature trees within the fields and hedgerows. The 132kV Overhead Line continues past Coed Plas-newydd (140m AOD) to the east of Groesffordd Marli where there are a number of scattered properties, to a point south of Glascoed Road where the 132kV Overhead Line terminates.

5.2 Environmental and Heritage Designations

5.2.1 Environmental designations are illustrated in document reference 2.8.1 - 2.8.4. One European protected site is located approximately 0.7km to the east of the Proposed Development; the Elwy Valley Woods Special Area of Conservation (SAC) is designated for its Broad-leaved deciduous woodland. There are no SSSI sites within 500m of the Proposed Development.

5.2.2 No World Heritage Sites or Scheduled Ancient Monuments are directly affected by the Proposed Development. There are a number of listed buildings in the vicinity of the Proposed Development. The heritage designations are shown on Historic Sites Plans (document reference 2.9.1 – 2.9.4).

5.3 Temporary Prohibition and Restriction of Public Rights of Way

5.3.1 There are 14 public rights of way ("PRoW") running through the Order Limits. The Access and Rights of Way Plans (document reference 2.4.1 – 2.4.13) within the suite of documents comprised within the DCO application shows the PRoW that will be affected by the Proposed Development. Article 13 of the DCO for the Proposed Development, document reference 3.1, grants all the necessary powers to temporarily prohibit or restrict PRoW affected by the Proposed Development. It is SP Manweb’s intention to keep the majority of PRoW open. This will be ensured wherever possible via traffic and pedestrian marshalling. Schedule 6 of the draft DCO identifies the PRoW anticipated to be affected and how they will be affected. As can be seen from Schedule 6 of the draft DCO for the Proposed Development, access to only five of the fourteen PRoW are envisaged to be temporarily prohibited

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(Footpath 43 in Denbigshire and Llansannan Footpath 80 in Conwy are the same but have different references as they are in different administrative boundaries). Access along the remainder will be maintained but subject to traffic and pedestrian marshalling for safety reasons during the construction of the Proposed Development.

5.3.2 The Design and Construction Report (document reference 7.1) describes how the PRoW will be managed to ensure they are safe to use and the disruption to the users are minimised.

5.4 Streets and Temporary Prohibition and Restriction of Streets

5.4.1 The construction of the 132kV Overhead Line will necessitate the temporary interference with streets along the route of the Order Limits. This is to allow materials being delivered to the access points along the Proposed Development, scaffold construction, conductor stringing, creation of temporary access tracks and landscaping works. The extent of this temporary interference is likely to involve either (a) the temporary restriction of one lane of a vehicular carriageway; or (b) where the street is a single vehicle street, appropriate traffic marshalling. Article 13 provides for this power and Schedule 6 identifies the streets affected and how.

5.4.2 Save for the creation of temporary access tracks from the publicly maintainable highway and the temporary interference as set out above, no further works are proposed to the publicly maintained highway.

5.4.3 SP Manweb is relying on Articles 10, 11, 12, 13 and 14 of the draft DCO for the Proposed Development in order to enter onto streets, to construct means of access and to create temporary prohibitions and restrictions of the use of streets to carry out works. Where no compulsory acquisition of rights is required on, under or over streets, then the street is not shaded on the Land Plans (i.e. it remains white) as the aforementioned Articles will be relied upon.

5.4.4 It should be noted that, in some instances (see Table 7 below), the right to create temporary access tracks extends beyond the construction of the 132kv Overhead Line to enable maintenance of the 132kV Overhead Line, albeit the access track itself will only exist temporarily for the duration of the applicable works.

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6. DESCRIPTION OF THE PROPOSALS FOR THE USE AND DEVELOPMENT OF THE ORDER LAND

6.1 Introduction

6.1.1 The land which is to be subject to the creation and acquisition of new rights, the imposition of restrictions and temporary use is shown on the Land Plans (document reference 2.2.1 – 2.2.13) and set out in the Book of Reference (document reference 4.3). These rights to be created over, and restrictions to be imposed on, the land (defined as the "Order land" in the draft DCO for the Proposed Development), is required for the Proposed Development, the need for which has been described above.

6.2 The Proposed Development

6.2.1 The elements of the Proposed Development are briefly summarised below (refer to Schedule 1 of the draft DCO for the full description of the Proposed Development, document reference 3.1, and the Explanatory Memorandum, document reference 3.2):

6.2.2 The Proposed Development includes the following principal elements, all of which are either the NSIP or form part of the NSIP:

(1) Construction of an approximately 17km 132kV overhead electricity distribution connection between Clocaenog Forest and the Terminal Point, located south of Glascoed Road, B5381, near to St Asaph, both in Denbighshire. The 132kV Overhead Line would comprise conductors supported by double wood poles. The wood poles are generally no larger than 470mm in diameter, and will range between 11m and 16.6m in length. Taking into account that the nominal depth of the poles is 2.5m and the steel bracings and insulators add typically 2.3m to the length, the net result is that the actual conductor height above ground (at pole positions) is about 0.2m less than the pole length referred to. The average span between poles is 79m;

(2) A temporary construction compound at Broadleys Farm, A453, Denbighshire and temporary storage or ‘laydown areas’ along the alignment, without which the 132kV Overhead Line could not be constructed;

(3) Access points for pedestrians and vehicles along the length of the 132kV Overhead Line. These accesses are either just required for the duration of the construction period or are required for construction and, once the 132kV Overhead Line is operational, maintenance. Where the accesses are required for maintenance purposes, the accesses are created for the relevant maintenance period and then the land restored (in other words, the access works are temporary in nature and can be carried out and the land restored at any time during the operational life of the 132kV

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Overhead Line). Without these accesses, the 132kV Overhead Line could not be constructed or maintained;

(4) Landscaping and ecological measures to restore trees, hedgerows, and other vegetation that have been removed during construction;

(5) Landscaping to mitigate any adverse effects of the maintenance and operation of the 132kV Overhead Line; and

(6) Other integral works such as site preparation and clearance, earthworks, alteration of existing services, vegetation removal/planting and minor street works all required in order to construct and install, operate and maintain the 132kV Overhead Line.

6.2.3 The Order Limits for the Proposed Development contain a Limit of Deviation within which the 132kV Overhead Line will be located. The LoD provides a degree of flexibility to ensure that any environmental constraints, technical constraints or landowner requests can be accommodated. The LoD varies between 20m in areas with good ground conditions and 40m in areas with poor ground conditions.

6.2.4 The EIA assesses the Proposed Development.

6.3 The Wider Scheme

6.3.1 Associated with the Proposed Development is The Wider Scheme. The Wider Scheme contains development that is considered by SP Manweb to be Associated Development and as such cannot be consented through a DCO. In Wales, sub-section 4 of section 115 of the Act is applicable. This provides that Associated Development may not include, subject to some very limited exceptions (which are not applicable for the North Wales Wind Farm Connections Project), any development in Wales.

6.3.2 In applying the Act, SP Manweb considers that the Collector Substation (which will collect the power generated by the Wind Farms), the works to the existing St Asaph Substation (which includes an underground cable to the Terminal Point), the temporary storage areas within the existing St Asaph Substation and the Collector Substation and the diversion of existing lower voltage overhead line crossings are Associated Development and are therefore not part of the application for a DCO. Associated Development is development that supports the NSIP, but which is not part of the NSIP.

Collector Substation

(1) SP Manweb considers that there are, in this case, alternative means of connecting and transmitting the generation at the individual Wind Farms. The proposed Collector Substation was promoted as it avoids extending the proposed 132kV Overhead

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Line or alternatively, the development of a larger customer developed substation. As the Collector Substation is subordinate to the NSIP (i.e. the Proposed Development), and not part of the NSIP (rather it supports the NSIP), the Collector Substation is Associated Development and therefore not part of the application for DCO. The inclusion of a temporary storage area within the Collector Substation during construction is subordinate to the NSIP and is also Associated Development.

St Asaph Substation

(2) The proposed works to St Asaph Substation, including the development of an underground cable taking the connection point at St Asaph to the Terminal Point of the NSIP (i.e. the Proposed Development), are works that are subordinate to, and support, the NSIP. However neither are considered ‘integral’ to, nor part of, the NSIP. The proposed works would avoid the need for an additional substation to be developed and connected, or for the NSIP to be extended beyond the current Terminal Point and for the development of an alternative terminal structure at a more visually prominent location. The inclusion of a temporary storage area within the St Asaph Substation during construction is subordinate to the NSIP and is also Associated Development.

Diversion of other overhead lines

(3) Along the route of the NSIP (i.e. the Proposed Development), diversions of existing lower voltage overhead line crossings will be necessary. Appendix 3 of the Design and Construction Report (document reference 7.2), identifies the proposed diversions together with the current proposed solution that is considered likely and which has been used to assess the diversions for the purposes of the cumulative assessment in the Environmental Statement. These diversions are required in order to construct the NSIP and are therefore subordinate to, and support, the NSIP.

6.3.3 Whilst the DCO for the Proposed Development does not apply for development consent in respect of the works at St. Asaph Substation, the draft DCO for the Proposed Development does include, pursuant to section 122(2)(b) of the Act, powers for the acquisition of the necessary land rights required for that part of the underground cable from the Terminal Point to the highway at Groesffordd Marli. Once at the highway, SP Manweb has statutory powers to break open the highway to install apparatus, including a cable. It is anticipated that the underground cable, and the other works at St Asaph Substation, will be permitted development.

6.3.4 The EIA assesses the Proposed Development with the Wider Scheme and the Wind Farms.

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6.3.5 A Design and Construction Report (document reference 7.1) has been prepared to accompany the DCO application. The document sets out SP Manweb’s design strategy.

6.3.6 The Design and Construction Report also describes the type of overhead line design for the Proposed Development and illustrates the types of wood poles to be used. A description of how SP Manweb has devised its Limits of Deviation, both lateral and vertical, is given along with an explanation of the temporary construction working area and access tracks required. The width of the Limits of Deviation and temporary construction working area has been developed based on the suitability of ground conditions. Where poor ground conditions are predicted, a wider limit of deviation has been proposed.

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7. PURPOSE FOR WHICH THE POWERS ARE SOUGHT

7.1 Compulsory Acquisition

7.1.1 The purpose of the compulsory acquisition powers is to enable SP Manweb to construct and install, operate and maintain the Proposed Development. The need for the Proposed Development is set out in section 3 of this Statement. A range of rights, and restrictions, are necessary for these purposes.

7.1.2 Compulsory acquisition powers can only be exercised over the land identified on the Land Plans, document reference 2.2.1 to 2.2.13. The draft DCO for the Proposed Development contains the following powers of acquisition:

(1) Article 19 - SP Manweb may create and acquire the rights and impose the restrictions described in the Book of Reference, document reference 4.3, and shown on the Land Plans, document reference 2.2.1 to 2.2.13. The creation of rights is required to enable SP Manweb to construct and install, operate and maintain the 132kV Overhead Line, as well as to carry out landscaping/ecological measures and tree felling, without impediment. The imposition of restrictions is required to protect the 132kV Overhead Line and landscaping/ecological measures.

(2) Article 26 - SP Manweb may temporarily use the Order land (identified on the Land Plans, document reference 2.2.1 – 2.2.13), to carry out the Proposed Development; and

(3) Article 27 – SP Manweb may temporarily use the Order land to maintain the Proposed Development.

7.1.3 Article 19 of the draft DCO would authorise SP Manweb to create and acquire compulsorily the following rights and to impose the following restrictions:

(1) Class 1: rights for the installation, maintenance and use of the Proposed Development and the imposition of restrictions to protect the Proposed Development;

(2) Class 2: rights to use land as a temporary laydown area, construction working area, access for construction and for landscaping measures and the imposition of restrictions to enable the unimpeded construction of the Proposed Development;

(3) Class 3: rights for landscaping and the imposition of restrictions to protect the landscaping; and

(4) Class 4: rights for tree felling.

7.1.4 The justification for the creation and acquisition of rights and imposition of restrictions under Class 1 is demonstrated in Table 4 below:

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Table 4 - Justification for the creation and acquisition of rights and imposition of restrictions: Class 1

Class Explanation of rights Justification 1 a) to install (and keep installed), This right is necessary to erect, retain, use, inspect, enable the 132kV Overhead maintain (as defined in the North Line to be installed, without Wales Wind Farms Connection which the Proposed Order), renew, remove and Development could not be relocate (and to carry out all implemented. For the necessary decommissioning and duration of the operational reinstatement works in relation life of the 132kV Overhead to) electricity poles, overhead Line, SP Manweb will be electricity lines and all equipment required to maintain the and apparatus required (including Overhead Line and repair but not limited to the use of any outages. Accordingly, scaffolding) by the undertaker the right includes the right to and/or those authorised by the renew and remove undertaker in connection with the apparatus, including the North Wales Wind Farms relocation of apparatus, as Connection Project, including but may be necessary but only not limited to, earth wires (above within the confines of the and under ground) and fibre optic area of land subject to the cables; right vested in SP Manweb. The right also provides SP Manweb with the land right to decommission the 132kV Overhead Line. At the end of its operational life and when there is no further need for the 132kV Overhead Line on the network, land rights to decommission the 132kV Overhead Line would be required, otherwise SP Manweb would be unable to access the line in order to take it down. Such land rights are therefore included.

Reference in the right to the "North Wales Wind Farms Connection Project" is required given the position in Wales on Associated Development (Associated Development connected with the Proposed Development cannot be granted

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Class Explanation of rights Justification 1

development consent in Wales). b) to install (and keep installed), Pursuant to Section 122(2)(b) retain, use, inspect, maintain (as of the Act, SP Manweb is defined in the North Wales Wind seeking to acquire the Farms Connection Order), renew, necessary land rights remove and relocate (and to required for the underground carry out all necessary cable from the St Asaph decommissioning and Substation to the Terminal reinstatement works in relation Point as the underground to) underground electricity cables cable is required to facilitate and all equipment and apparatus that development. required by the undertaker and/or Accordingly, this right will those authorised by the enable SP Manweb to install undertaker in connection with the the underground cable. North Wales Wind Farms Connection Project, including but For the duration of the not limited to, earth wires and operational life of the fibre optic cables; underground cable, SP Manweb will be required to maintain the cable and repair any outages. The right therefore includes the right to renew and remove apparatus, including the relocation of apparatus as may be necessary but only within the confines of the area of land subject to the right vested in SP Manweb. The right also provides SP Manweb with the land right to decommission the underground cable.

Reference in the right to the "North Wales Wind Farms Connection Project" is required given the position in Wales on Associated Development (Associated Development connected with the Proposed Development cannot be granted development consent in Wales).

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Class Explanation of rights Justification 1 c) to construct, improve, widen, In order to gain access to the repair, maintain, renew, rebuild route corridor within which and take all necessary support the 132kV Overhead Line is for (1) existing access and to be installed and access tracks and (2) new subsequently maintained, temporary access and temporary access along the route (both access tracks and in respect of longitudinally and both (1) and (2) ancillary latitudinally) will be required structures including bridges, either through existing pontoons and other crossings access arrangements or by together with all necessary the creation of new access decommissioning and arrangements. reinstatement works; In some instances, as identified in Schedule 3 Part 1 to the draft DCO, document reference 3.1, works to existing accesses and tracks will remain in situ after construction.

Where a new access track is to be created, this will be a temporary stoned track.

This right therefore provides the necessary powers to, for example, widen and repair existing accesses and tracks and create new temporary accesses and tracks.

Table 7 below identifies those accesses and tracks which are required for both construction and maintenance. In this instance, the access and track will still be temporary in nature, being constructed for the duration of the applicable maintenance period and then the land reinstated. This construction and subsequent reinstatement could take place at any time during the maintenance of the 132kV

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Class Explanation of rights Justification 1

Overhead Line.

The right also provides the necessary land rights to decommission these works and to reinstate the relevant land. d) of pedestrian and vehicular Class 1c) provides for the access and egress (which shall creation of the accesses, include without limitation whereas this Class 1d) construction and maintenance provides for the use of such traffic) and with plant, equipment accesses. and machinery in connection with the exercise of and the making good of any damage caused in connection with the exercise of these Class 1 Rights; e) to construct, relocate and/or Given the nature of the land divert any drain, drainage ditch, over which these Class 1 culvert, pipe, cable, conduit and rights are being sought, there all ancillary structures together is a possibility that it may with the right of drainage into any necessary to interfere with drainage ditch or culvert and drains, drainage ditches, subsequently to retain, use, culverts, pipes, cables, inspect, maintain, decorate, conduits for the purposes of repair, bridge over, replace and the installation, operation and renew as necessary any drain, maintenance of the 132 kV drainage ditch, culvert, pipe, Overhead Line. This right cable or conduit in connection therefore enables SP with the exercise of these Class 1 Manweb to carry out such Rights; necessary works so as to ensure the 132 kV Overhead Line can be installed unimpeded whilst also ensuring the continuing operation of the drains, for example. f) to fell, trim or lop trees, bushes Article 30 of the draft DCO and to clear and remove any and provides the power to fell or all vegetation (and the right to lop trees. It is therefore reinstate, replace, improve and necessary to provide the maintain) which may obstruct or corresponding land right. interfere with the exercise of these Class 1 Rights and the right to install any necessary

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Class Explanation of rights Justification 1

ecological and/or landscaping measures; g) to prevent any works on or uses This right is necessary to of the land which may interfere protect the unimpeded with or damage landscaping and operation of the 132kV ecological measures required for Overhead Line. The the authorised development, the restrictions to be imposed are electricity poles, overhead standard industry restrictions electricity lines, underground which SP Manweb imposes electricity cable and all such in relation to its operational equipment and apparatus or equipment and/or apparatus. interfere with or obstruct access from and to such landscaping The right to impose such and ecological measures, restrictions in respect of an electricity poles, overhead overhead electric line has electricity lines, underground been accepted by the electricity lines, equipment and Secretary of State in The apparatus by the undertaker National Grid (King's Lynn B and/or those authorised by the Power Station Connection) undertaker and in particular the Order 2013. right to prevent and remove the whole or any part of any building or fixed or moveable structure, tree, shrub or other plant or other thing whatsoever, the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land; h) to carry out (and to carry out all This right is necessary to necessary reinstatement works in enable SP Manweb to carry relation to) archaeological, out additional survey work as environmental, ecological, may be required post consent agricultural, contamination, and following vesting of the topographical and geotechnical area of land subject to the surveys and investigations, right vested in SP Manweb. including the taking and removal of soil samples and the sinking of boreholes and/or excavation of trial pits, and other like surveys and investigations for purposes in connection with the exercise of these Class 1 Rights; and i) to make good any damage This right provides the caused in connection with the necessary land rights for SP

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Class Explanation of rights Justification 1

exercise of these Class 1 Rights. Manweb to repair any damage caused by the carrying out of any or all of the above rights a) to h).

7.1.5 The justification for the creation and acquisition of rights and imposition of restrictions under Class 2 is demonstrated in Table 5 below:

Table 5 - Justification for the creation and acquisition of rights and imposition of restrictions: Class 2

Class Explanation of rights Justification 2 a) (1) save in respect of the access A construction compound is track between points AQ1/AQ2 to required in order to AR on the access and rights of construct and install the way plan, sheet 7 (document 132kv Overhead Line (Work reference 2.4.7), to use (and to No.4). Without the carry out all necessary compound, the 132kV decommissioning and Overhead Line could not be reinstatement works in relation constructed or installed. to) as a construction and maintenance compound, working Accordingly, this right area, lay down and parking areas provides the necessary land for all plant, equipment, materials rights to use the specified and vehicles required by the land (Plot 53B) as a undertaker and/or those compound, together with authorised by the undertaker in the land right to erect connection with the construction related structures on the of the North Wales Wind Farms compound. Connection Project and the right to install, erect, retain, use, Following completion of the inspect, maintain, renew, remove installation of the 132 kV and relocate (and to carry out all Overhead Line, the necessary decommissioning and compound will be reinstatement works in relation decommissioned and the to) any unit, cabin or other land reinstated and, as structure and all related plant, such, this right provides the equipment and machinery for the requisite land rights to carry welfare and security of the out such works. undertaker; Reference in the right to the (2) to construct improve, widen, "North Wales Wind Farms repair, maintain, renew, rebuild Connection Project" is and take all necessary support required given the position

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Class Explanation of rights Justification 2

for the existing access track in Wales on Associated between points AQ1/AQ2 to AR Development (Associated on the access and rights of way Development connected plan, sheet 7 (document with the Proposed reference 2.4.7) Development cannot be granted development consent in Wales). b) to use as a temporary laydown To construct and install the area, storage area, working area 132kV Overhead Line, and parking area for all plant, temporary laydown areas, equipment, materials and storage areas, working vehicles required by the areas and parking areas are undertaker and/or those required along the route authorised by the undertaker in corridor within which the connection with the construction 132kV Overhead Line is to of the North Wales Wind Farms be installed. Connection Project save that such rights will not extend to No PRoW will be affected public rights of ways and existing by this right as is expressly private access tracks which are stated within the right itself. not temporarily closed under Schedule 6 of the North Wales Reference in the right to the Wind Farms Connection Order; "North Wales Wind Farms Connection Project" is required given the position in Wales on Associated Development (Associated Development connected with the Proposed Development cannot be granted development consent in Wales). c) to prevent any works on or uses This right is necessary to of the land which may interfere ensure the unimpeded with or damage landscaping and construction of the 132kV ecological measures required for Overhead Line. the authorised development, the ability to construct the electricity The right to impose poles, overhead electricity lines, restrictions in respect of an underground electricity cable and overhead electric line has all such equipment and been accepted by the apparatus or interfere with or Secretary of State in The obstruct access from and to such National Grid (King's Lynn B landscaping and ecological Power Station Connection) measures, electricity poles, Order 2013. overhead electricity lines,

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Class Explanation of rights Justification 2

underground electricity lines, equipment and apparatus by the undertaker and/or those authorised by the undertaker and in particular the right to prevent and remove the whole or any part of any building or fixed or moveable structure, tree, shrub or other plant or other thing whatsoever, the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land; d) to construct, improve, widen, In order to gain access to repair, maintain, renew, rebuild the route corridor within and take all necessary support which the 132kV Overhead for (1) existing access and Line is to be installed and access tracks and (2) new subsequently maintained, temporary access and temporary access along the route access tracks and in respect of (both longitudinally and both (1) and (2) ancillary latitudinally) will be required structures including bridges, either through existing pontoons and other crossings access arrangements or by together with all necessary the creation of new access decommissioning and arrangements. reinstatement works all in connection with the construction In some instances, as of the North Wales Wind Farms identified in Schedule 3 Part Connection Project; 1 to the draft DCO, document reference 3.1, works to existing accesses and tracks will remain in situ after construction.

Where a new access track is to be created, this will be a temporary stoned track.

This right therefore provides the necessary powers to, for example, widen and repair existing accesses and tracks and create new temporary accesses and tracks.

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Class Explanation of rights Justification 2

The right also provides the necessary land rights to decommission these works and to reinstate the relevant land.

Reference in the right to the "North Wales Wind Farms Connection Project" is required given the position in Wales on Associated Development (Associated Development connected with the Proposed Development cannot be granted development consent in Wales). e) of pedestrian and vehicular Class 2d) provides for the access and egress (which shall creation of the accesses, include without limitation whereas this Class 2e) construction and maintenance provides for the use of such traffic) and with plant, equipment accesses. and machinery in connection with the exercise of and the making Reference in the right to the good of any damages caused in "North Wales Wind Farms connection with the construction Connection Project" is of the North Wales Wind Farms required given the position Connection Project; in Wales on Associated Development (Associated Development connected with the Proposed Development cannot be granted development consent in Wales). f) to construct, relocate and/or Given the nature of the land divert any drain, drainage ditch, over which these Class 2 culvert, pipe, cable, conduit and rights are being sought, all ancillary structures together there is a possibility that it with the right of drainage into any may necessary to interfere drainage ditch or culvert and with drains, drainage subsequently to retain, use, ditches, culverts, pipes, inspect, maintain, decorate, cables, conduits for the repair, bridge over, replace and purposes of the installation, renew as necessary any drain, operation and maintenance drainage ditch, culvert, pipe, of the 132kV Overhead cable or conduit in connection Line. This right therefore

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Class Explanation of rights Justification 2

with the construction of the North enables SP Manweb to Wales Wind Farms Connection carry out such necessary Project; works so as to ensure the 132kV Overhead Line can be installed unimpeded whilst also ensuring the continuing operation of the drains, for example.

Reference in the right to the "North Wales Wind Farms Connection Project" is required given the position in Wales on Associated Development (Associated Development connected with the Proposed Development cannot be granted development consent in Wales). g) to fell, trim or lop trees, bushes Article 30 of the draft DCO and to clear and remove any and provides the power to fell or all vegetation (and the right to lop trees. It is therefore reinstate, replace, improve and necessary to provide the maintain) which may obstruct or corresponding land right. interfere with the construction of the North Wales Wind Farms Reference in the right to the Connection Project and the right "North Wales Wind Farms to install any necessary Connection Project" is ecological and/or landscaping required given the position measures; in Wales on Associated Development (Associated Development connected with the Proposed Development cannot be granted development consent in Wales). h) to carry out (and to carry out all This right is necessary to necessary reinstatement works in enable SP Manweb to carry relation to) archaeological, out additional survey work environmental, ecological, as may be required post agricultural, contamination, consent and following topographical and geotechnical vesting of the area of land surveys and investigations, subject to the right vested in including the taking and removal SP Manweb. of soil samples and the sinking or

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Class Explanation of rights Justification 2

boreholes and/or excavation of Reference in the right to the trial pits, and other like surveys "North Wales Wind Farms and investigations for purposes Connection Project" is in connection with the required given the position construction of the North Wales in Wales on Associated Wind Farms Connection Project; Development (Associated Development connected with the Proposed Development cannot be granted development consent in Wales).

i) to install, erect, retain, use, In order to construct and inspect, maintain, renew and install the 132kV Overhead remove scaffolding and all other Line over roads and rivers, equipment and apparatus scaffolding is required. This required by the undertaker and/or right therefore enables the those authorised by the 132kV Overhead Line to be undertaker in connection with the constructed and installed construction of the North Wales without impediment. Wind Farms Connection Project; and j) to make good any damage This right provides the caused in connection with the necessary land rights for SP exercise of these Class 2 Rights. Manweb to repair any damage caused by the carrying out of any or all of the above rights a) to i).

7.1.6 The justification for the creation and acquisition of rights and imposition of restrictions under Class 3 is demonstrated in Table 6 below:

Table 6 - Justification for the creation and acquisition of rights and imposition of restrictions: Class 3

Class Explanation of rights Justification 3 a) to improve, install, execute, In order to secure the implement, retain, repair, renew, mitigation required for the remove, relocate and plant trees, Proposed Development, woodlands, shrubs, hedgerows, rights are required for seeding and other ecological landscaping purposes. measures and to carry out Class 3a) therefore enables

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landscaping including but not SP Manweb to carry out the limited to soft landscaping landscaping and maintain together with the right to retain, the landscaping, the latter of maintain, inspect and replant which will be a requirement such trees, shrubs and in the draft DCO. landscaping save that such rights will not extend to public rights of ways and existing private access tracks which are not temporarily closed under Schedule 6 of the North Wales Wind Farms Connection Order; b) of pedestrian and vehicular In order to carry out the access and egress (which shall landscaping and include without limitation subsequently maintain the construction and maintenance landscaping, access is traffic) and with plant, equipment required for the landscaping and machinery in connection with areas as shown on the Land the exercise of and the making Plans, document reference good of any damage caused in 2.2.1 to 2.2.13. No new connection with the exercise of accesses will be required, these Class 3 Rights; rather existing accesses will be relied upon. c) to make good any damage This right provides the caused in connection with the necessary land rights for SP exercise of these Class 3 Rights. Manweb to repair any damage caused by the carrying out of any or all of the above rights a) to b). d) to prevent any works on or uses This right is necessary to of the land which may interfere ensure the protection of the with or damage landscaping and landscaping and ecological ecological measures required for measures required to the authorised development, or mitigate the 132kV interfere with or obstruct access Overhead Line. from and to such landscaping and ecological measures by the The right to impose undertaker and/or those restrictions in respect of an authorised by the undertaker and overhead electric line has in particular the right to prevent been accepted by the the removal of such landscaping Secretary of State in The and ecological measures National Grid (King's Lynn B Power Station Connection) Order 2013.

7.1.7 The justification for the creation and acquisition of rights: Class 4 is demonstrated in Table 7 below:

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Table 7- Justification for the creation and acquisition of rights: Class 4

Class Explanation of rights Justification 4 a) to fell, trim or lop trees, bushes Article 30 of the draft DCO and to clear and remove any and provides the power to fell or all vegetation; lop trees. It is therefore necessary to provide the corresponding land right. A dedicated felling right has been included as, in relation to Plot 1B, no other rights are required apart from felling, trimming and lopping. b) of pedestrian and vehicular In order to carry out the access and egress (which shall felling, trimming and include without limitation lopping, access is required construction and maintenance for the relevant areas within traffic) and with plant, equipment Plot 1B as shown on the and machinery in connection with Land Plan. No new the exercise of and the making accesses will be required, good of any damage caused in rather existing accesses will connection with the exercise of be relied upon. these Class 4 Rights; and c) to make good any damage This right provides the caused in connection with the necessary land rights for SP exercise of these Class 4 Rights. Manweb to repair any damage caused by the carrying out of any or all of the above rights a) to b).

7.2 Justification for acquisition and creation of rights on a plot by plot basis

7.2.1 The justification for the creation and acquisition of new rights and the imposition of restrictions is explained in the tables within sections 7.1.4 to 7.1.7 of this Statement above.

7.2.2 This section 7.2 describes, on a plot by plot basis, which classes of rights are being acquired and why by reference to the relevant work number as described in Schedule 1 in the draft DCO for the Proposed Development. In effect, Table 8 below pulls together the detail in the Land Plans, document reference 2.2.1 to 2.2.13, and Works Plans, document reference 2.3.1 to 2.3.13, and should be read in conjunction with those plans:

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Table 8: Justification for acquisition and creation of rights on a plot by plot basis

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

1 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) the 132kV Overhead Line 2 (b), (c), (d), (e), (f), 2A – Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/temporary access for construction/temporary access for construction and maintenance/landscaping measures 1A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures 1B 4 (a), (b) and (c) The only activity to be carried out on Plot 1B is the felling, trimming and lopping of any tree or shrub pursuant to Article 30 of the draft DCO. Accordingly, there is no Work number for Plot 1B. As explained in section 7.1.7 of this Statement (above), it is necessary to provide the land right to enable SP Manweb to utilise Article 30 2 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping

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Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

measures 2A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

3 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

3A 2 (c), (d), (e), (f), (g), 2A – Temporary access for (h), (i) and (j) construction

4 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

4A 2 (c), (d), (e), (f), (g), 2A – Temporary access for (h), (i) and (j) construction

5 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

5A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary

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Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

(g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

6 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

6A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

7 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

7A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

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Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

8 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

8A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

8B 2 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (j) construction

9 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

9A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

9B 2 (c), (d), (e), (f), (g), (h) 2A - Temporary access for

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Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

and (j) construction

10 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

10A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

11 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

11A 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction

12 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping

73

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

measures

12A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

13 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

13A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

13B 1 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (i) construction and maintenance

14 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

14A 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction

15 1 (a), (c), (d), (e), (f), 1A - Construction and installation of

74

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

(g), (h) and (i) 132 kV Overhead Line

2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

15A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

16 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

16A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

16B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

75

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

3A - Mitigation works (landscaping)

16C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

16D 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

17 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

17A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

17B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3A - Mitigation works (landscaping) 17C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

18 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/

76

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

temporary access for construction and maintenance/landscaping measures

18A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

18B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3A - Mitigation works (landscaping) 18C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

19 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

19A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

19B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for

77

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

3 (a), (b), (c) and (d) construction/landscaping measures 3A - Mitigation works (landscaping) 19C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

20 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

20A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

20B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3A - Mitigation works (landscaping) 20C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

21 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction

21A 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction

78

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

21B 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

22 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

22A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

22B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3A - Mitigation works (landscaping)

22C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

23 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping

79

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

measures

23A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

24 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

24A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

24B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3A - Mitigation works (landscaping)

24C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

24D 1 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (i) construction and maintenance 24E 1 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (i)

80

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

construction and maintenance 24F 1 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (i) construction and maintenance 25 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

25A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

26 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

26A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

81

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

27 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

27A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

28 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

28A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

29 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j)

82

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

29A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

29B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3A - Mitigation works (landscaping)

29C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

30 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

30A 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction

31 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/

83

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

temporary access for construction and maintenance/landscaping measures

31A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

31B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3A - Mitigation works (landscaping)

31C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

31D 1 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (i) construction and maintenance 31E 1 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (i) construction and maintenance 32 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

32A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/

84

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

temporary access for construction/landscaping measures

33 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

33A 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction

34 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

34A 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction

35 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

35A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for

85

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

construction/landscaping measures

35B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3A - Mitigation works (landscaping)

35C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

36 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (f), (g), (h), (i) and 2A - Temporary access for (j) construction and maintenance

37 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

37A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

37B 2 (b), (c), (d), (e), (f), 2A - Temporary laydown and (g), (h), (i) and (j) construction works for 132 kV 3 (a), (b), (c) and (d) Overhead Line.

86

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

3A - Mitigation works (landscaping) 37C 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for 3 (a), (b), (c) and (d) construction/landscaping measures

3B - Mitigation works (landscaping) 37D 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

37E 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

38 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

38A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

39 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping

87

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

measures

39A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

39B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping) 39C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

40 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

40A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

41 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j)

88

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

construction and maintenance

41A 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

42 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

42A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

43 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

43A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

89

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

44 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

44A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

44B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

44C 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping)

44D 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

44E 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

45 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/

90

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

temporary access for construction/ temporary access for construction and maintenance/landscaping measures

45A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

45B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3A - Mitigation works (landscaping) 45C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

46 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction and maintenance

46A 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

47 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

47A 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction

91

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

48 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

48A 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction

49 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

49A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

50 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

92

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

50A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

51 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

51A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

51B 2 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (j) construction

52 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

52A 2 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (j) construction

52B 2 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (j) construction

93

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

52C 1 (c), (d), (e), (f), (g) 2A - Temporary access for and (i) construction and maintenance 52D 1 (c), (d), (e), (f), (g) 2A - Temporary access for and (i) construction and maintenance 52E 2 (c), (d), (e), (f), (g), (h) 2B - Temporary access for and (j) construction

53 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

53A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

53B 2 (a), (d), (e), (f), (g), (h) 4A - Construction compound and (j)

54 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping

94

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

measures

54A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

55 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

55A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

56 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

56A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/

95

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

temporary access for construction/landscaping measures

56B 2 (c), (d), (e), (f), (g), (h) 2B - Temporary access for and (j) construction

56C 2 (c), (d), (e), (f), (g), (h) 2A - Temporary access for and (j) construction

57 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

57A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

57B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3A - Mitigation works (landscaping)

57C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

58 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line

96

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

58A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

58B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3A - Mitigation works (landscaping)

58C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

59 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

59A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for

97

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

construction/landscaping measures

59B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

59C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

60 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction and maintenance

60A 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

61 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

61A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

98

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

61B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

61C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

62 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction and maintenance

62A 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

63 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

63A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

63B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/

99

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

63C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

63D 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

64 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (f), (g), (h), (i) and 2B - Temporary access for (j) construction and maintenance

65 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

65A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

65B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

100

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

3B - Mitigation works (landscaping)

65C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

66 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

66A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

67 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

67A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

101

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

68 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

68A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

68B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

68C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

69 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction and maintenance

69A 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

70 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line.

102

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

70A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

70B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

70C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

70D 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

71 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

71A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/

103

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

72 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (f), (g), (h), (i) and 2A - Temporary access for (j) construction and maintenance

73 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

73A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

74 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction

104

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

and maintenance/landscaping measures

74A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

74B 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

75 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

75A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

76 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/

105

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

temporary access for construction and maintenance/landscaping measures

76A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping).

77 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

77A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

77B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping) 77C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

78 1 (a), (c), (d), (e), (f), 1B - Construction and installation of

106

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

(g), (h) and (i) 132 kV Overhead Line

2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

78A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

78B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

78C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

79 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction and maintenance

79A 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

80 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary

107

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

(g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

80A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

80B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping) 80C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

81 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction and maintenance

81A 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

82 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction

108

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

and maintenance/landscaping measures

82A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

82B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

82C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

82D 2 (c), (d), (e), (f), (g), (h) 2B - Temporary access for and (j) construction

83 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction and maintenance

83A 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

83B 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

83C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

84 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i)

109

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

2 (b), (c), (d), (e), (f), 132 kV Overhead Line (g), (h), (i) and (j) 2B - Works comprising temporary laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

84A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

85 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

85A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

85B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

110

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

3B - Mitigation works (landscaping)

85C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

85D 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

86 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

86A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

86B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping)

86C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

87 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/

111

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

temporary access for construction and maintenance/landscaping measures

87A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

87B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping) 87C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

88 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction and maintenance

88A 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

88B 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

89 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction and maintenance

90 1 (a), (c), (d), (e), (f), 1B - Construction and installation of

112

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

(g), (h) and (i) 132 kV Overhead Line

2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

90A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping) 90B 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

91 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

91A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

91B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for

113

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

construction/landscaping measures 3B - Mitigation works (landscaping). 91C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping).

92 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (f), (g), (h), (i) and 2B - Temporary access for (j) construction and maintenance

93 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (f), (g), (h), (i) and 2B - Temporary access for (j) construction and maintenance

93A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping) 93B 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

93C 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping) 93D 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

94 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/

114

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

temporary access for construction/ temporary access for construction and maintenance/landscaping measures

94A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

94B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping) 94C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

94D 1 (c), (d), (e), (f), (g) 2B - Temporary access for and (i) construction and maintenance

94E 1 (c), (d), (e), (f), (g) 2B - Temporary access for and (i) construction and maintenance

94F 1 (c), (d), (e), (f), (g) 2B - Temporary access for and (i) construction and maintenance

95 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction

115

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

and maintenance/landscaping measures

95A 1 (c), (d), (e), (f), (g) 2B - Temporary access for and (i) construction and maintenance

96 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

96A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping) 96B 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

97 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2B – Temporary access for (h), (i) and (j) construction and maintenance

97A 2 (c), (d), (e), (f), (g), 2B - Temporary access for (h), (i) and (j) construction

98 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line. 2 (b), (c), (d), (e), (f),

116

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

(g), (h), (i) and (j) 2B - Works comprising temporary laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

98A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

98B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping) 98C 3 (a), (b), (c) and (d) 3B - Mitigation works

98D 1 (c), (d), (e), (f), (g) 2B – Temporary access for and (i) construction and maintenance

99 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

99A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/

117

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

temporary access for construction/landscaping measures

99B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping) 99C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

99D 1 (c), (d), (e), (f), (g) 2B - Temporary access for and (i) maintenance and construction

100 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (f), (g), (h), (i) and 2B - Temporary access for (j) construction and maintenance

101 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

101A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

118

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

101B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3B - Mitigation works (landscaping) 101C 3 (a), (b), (c) and (d) 3B - Mitigation works

101D 1 (c), (d), (e), (f), (g) 2B - Temporary access for and (i) construction and maintenance

101E 1 (c), (d), (e), (f), (g) 2B - Temporary access for and (i) construction and maintenance

102 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

102A 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

102B 2 (b), (c), (d), (e), (f), 2B - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3B - Mitigation works (landscaping)

119

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

102C 3 (a), (b), (c) and (d) 3B - Mitigation works (landscaping)

103 1 (a), (c), (d), (e), (f), 1B - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (f), (g), (h), (i) and 2B - Temporary access for (j) construction and maintenance

104 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (f), (g), (h), (i) and 2A - Temporary access for (j) construction and maintenance

105 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

105A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

105B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures 3A - Mitigation works (landscaping)

120

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

105C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

105D 1 (c), (d), (e), (f), (g) 2A - Temporary access for and (i) construction and maintenance

106 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction and maintenance

106A 2 (c), (d), (e), (f), (g), 2A - Temporary access for (h), (i) and (j) construction

107 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

107A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

107B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3A - Mitigation works (landscaping)

121

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

107C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

107D 1 (c), (d), (e), (f), (g) 2A - Temporary access for and (i) construction and maintenance

108 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/ temporary access for construction and maintenance/landscaping measures

108A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

108B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

3A - Mitigation works (landscaping)

108C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

109 1 (a), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) 132 kV Overhead Line 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/ temporary access for construction/

122

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

temporary access for construction and maintenance/landscaping measures

110 1 (b), (c), (d), (e), (f), 1A - Construction and installation of (g), (h) and (i) an underground cable 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/

temporary access for construction/ temporary access for construction and maintenance/landscaping measures

111 1 (b), (c), (d), (e), (f), (g) 1A – Construction and installation of and (i) an underground cable 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h), (i) and (j) laydown/construction working area/

temporary access for construction/ temporary access for construction and maintenance/landscaping measures

111A 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h) and (j) laydown/construction working area/ temporary access for construction/landscaping measures

111B 2 (b), (c), (d), (e), (f), 2A - Works comprising temporary (g), (h) and (j) laydown/construction working area/ 3 (a), (b), (c) and (d) temporary access for construction/landscaping measures

123

Plot Rights class and sub- Reason why right is required by Number division reference to Work Number

3A - Mitigation works (landscaping)

111C 3 (a), (b), (c) and (d) 3A - Mitigation works (landscaping)

7.3 Article 20 and Article 22 of the draft DCO for the Proposed Development

7.3.1 Pursuant to Article 22 of the draft DCO for the Proposed Development:

(1) all private rights and restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictions under the DCO are to be suspended and unenforceable or, where so notified by SP Manweb, extinguished in so far as in either case their continuance would be inconsistent with the exercise of that right or the burden of the restriction imposed;

(2) all private rights and restrictive covenants over land of which SP Manweb takes temporary possession under the DCO are to be suspended and unenforceable for so long as SP Manweb remains in possession of the land and so far their continuance would be inconsistent with the exercise of the temporary possession of that land.

7.3.2 Article 20 of the draft DCO is based on Section 237 of the Town and Country Planning Act 1990 and gives SP Manweb the authority to carry out or use the Proposed Development and do anything else authorised by the DCO notwithstanding that it involves the interference with an interest or right (meaning any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land including any natural right to support) or a breach of a restrictive covenant. In this case, the interest right or restrictive covenant would be overridden.

7.3.3 Part 3 of the Book of Reference identifies the easements or other private rights which may be interfered with, suspended or extinguished, pursuant to Articles 20 and 22 of the draft DCO as a result of the Proposed Development. However, these easements or other private rights will only be suspended, extinguished or otherwise overridden in the event that:

(1) Article 22(1) - they are inconsistent with the exercise of right acquired or restriction imposed under Article 19 of the draft DCO;

(2) Article 22(3) - they are inconsistent with the exercise of the temporary possession of land under Articles 26 and 27 of the draft DCO; or

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(3) Article 20 - the carrying out or use of the Proposed Development interferes with or breaches such easements or other right.

7.3.4 These powers are therefore justified on the basis that they will ensure the unimpeded construction, installation, operation and maintenance of the Proposed Development from any private rights and restrictions that may be inconsistent with, or interfere with, the Proposed Development.

7.4 Article 26 and Article 27 of the draft DCO

7.4.1 Articles 26 and 27 of the draft DCO for the Proposed Development provide for temporary use of land for carrying out the Proposed Development and temporary use of land for maintaining the Proposed Development respectively.

7.4.2 Whilst SP Manweb is seeking to acquire the necessary land rights to carry out the Proposed Development (see Class 2 rights as described in section 7.1.5 above), there are likely to be instances where SP Manweb will need to take temporary possession of areas within the Order Limits. For example, to remove vegetation, remove any existing electric line apparatus and construct temporary works. Carrying out these activities, coupled with the power under Article 18 to survey and investigate any land within the Order Limits, will assist SP Manweb to ascertain where the 132kV Overhead Line will be located and thus where SP Manweb will ultimately vest the rights and restrictions sought under the draft DCO.

7.4.3 As such, the utilisation of Article 26 would be exercised before the acquisition of rights under Article 19 so as to enable the necessary micro-siting to take place to ensure that SP Manweb minimises the extent of land over which it exercises its compulsory acquisition rights. Given the nature of the Proposed Development, an electricity network, it is considered that it is not appropriate for SP Manweb to rely solely on Article 26 in order to construct the Proposed Development and that a combination of both Article 26 and Article 19 is justified, reasonable and necessary.

7.4.4 Similarly, SP Manweb is seeking to acquire the necessary land rights to maintain the Proposed Development (see Class 1 rights as described in section 7.1.4 above). However, these Class 1 rights will only apply to the final easement strip that SP Manweb vests pursuant to Article 19 of the draft DCO for the Proposed Development, which will be within the Limits of Deviation as shown on the Works Plans. Maintenance may well require SP Manweb to enter onto land outside this strip and therefore it is necessary to include Article 27 in the draft DCO to enable SP Manweb to use land temporarily for maintenance purposes. For this reason, it is considered justified, reasonable and necessary for the draft DCO to include both Article 27 and Article 19.

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7.4.5 Accordingly, Articles 26 and 27, together with Article 19, will enable SP Manweb to secure the necessary rights to construct and install, operate and maintain the 132kV Overhead Line unimpeded.

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8. JUSTIFICATION FOR POWERS OF COMPULSORY ACQUISITION

8.1 Introduction

8.1.1 Under section 122 of the Act, a DCO which includes compulsory acquisition powers may be granted only if the conditions in sections 122(2) and 122(3) of the Act are met. The conditions to be met are:

(1) at section 122(2), that the land is required for the development to which the DCO relates or is required to facilitate or is incidental to the development, or the land is replacement land to be given in exchange under sections 131 or 132 of the Act; and

(2) at section 122(3), there is a compelling case in the public interest for inclusion of powers of compulsory acquisition in the DCO. The Secretary of State must be persuaded that the public benefits from the compulsory acquisition will outweigh the private loss suffered by those whose land is to be acquired.

8.1.2 In respect of the section 122(2) condition, the Guidance (at paragraph 11) states that applicants should be able to demonstrate to the satisfaction of the Secretary of State that the land in question is needed for the development for which consent is sought. The Guidance goes on to say that the Secretary of State will need to be satisfied that the land to be acquired is no more than is reasonably required for the purposes of the development.

8.2 Justification

8.2.1 Table 8 at paragraph 7.2 above confirms why the acquisition of rights and the imposition of restrictions in respect of each plot identified on the Land Plans is needed by reference to the Work numbers described in Schedule 1 to the draft DCO for the Proposed Development. Furthermore, and as explained in Section 3 of this Statement, the Strategic Options Report (document reference 7.3) and Design and Construction Report (document reference 7.1) describe how SP Manweb initially identified options for the proposed route corridor for the 132kV Overhead Line and how the preferred option progressed to be reduced from a 100 metre width to form the Order Limits as shown on the Land Plans.

8.2.2 SP Manweb has therefore reduced the Order Limits required for the Proposed Development and considers that the area over which rights are sought and on which restrictions are to be imposed to be the minimum that is required in order to install, operate and maintain the 132 kV Overhead Line.

8.2.3 It should also be noted that SP Manweb will not exercise the compulsory acquisition power in respect of the creation and acquisition of rights and the imposition of restrictions over the whole of the area shown coloured blue on the Land Plans (i.e. the 20 m to 40 m Limits of

127

Deviation within which the 132kV Overhead Line would be located). The likely maximum easement is derived at the different pole support structures that make up the route. There are a range of structures that would be required for the wooden poles forming the 132kV Overhead Line and these are described in the Design and Construction Report, document reference 7.1:

(1) For a 14 m 35 degree angle-section, the typical easement width is 18m.

(2) For a 16 m section (stayed) the typical easement width is 16m.

(3) For a 15m 4-pole terminal, the typical easement width is 15m.

(4) For a 16m Failure Containment, the typical easement width is 19m; and

(5) For an intermediate pole, the typical easement width is 9.2m.

8.2.4 SP Manweb has reduced the Limits of Deviation as much as possible but needs to ensure there is some flexibility to make a lateral move if necessary due to ground conditions following the micro-siting process.

8.2.5 In order for the 132kV Overhead Line to connect into the St Asaph Substation, works are required at the St Asaph Substation which include an underground cable from the St Asaph Substation to the Terminal Point. As explained at sections 2.2 to 2.2.2 and 3.2.54 and 3.2.55 of this Statement, these works, including the underground cable, are Associated Development and, pursuant to the Act, cannot be consented through a DCO. However, pursuant to section 122(2)(b) of the Act, the draft DCO for the Proposed Development includes powers for the acquisition of the necessary land rights required for that part of the underground cable from the Terminal Point to the highway at Groesffordd Marli as the underground cable is required to facilitate the Proposed Development. Once at the highway, SP Manweb has statutory powers to break open the highway to install apparatus, including a cable. It is anticipated that the underground cable, and the other works at St Asaph Substation, will be permitted development.

8.2.6 SP Manweb therefore considers that the section 122(2) condition is satisfied.

8.2.7 In respect of the section 122(3) condition, the Guidance (at paragraph 13) states that the Secretary of State will need to be persuaded that there is compelling evidence that the public benefits that would be derived from the compulsory acquisition will outweigh the private loss that would be suffered by those whose rights in land are to be acquired and over which rights are to be created. At paragraph 14, the Guidance states that in determining where the balance of public interest lies, the Secretary of State will weigh up the public benefits that a scheme will

128

bring against any private loss to those affected by compulsory acquisition.

8.2.8 Section 3 of this Statement describes the need for the Proposed Development and, accordingly, SP Manweb considers that the section 122(3) condition is satisfied.

8.2.9 Further, paragraphs 8 to 10 of the Guidance also set out a number of general considerations that an applicant must demonstrate to the satisfaction of the Secretary of State when justifying an order authorising compulsory acquisition. These are as follows:

(1) that all reasonable alternatives to compulsory acquisition (including modifications to the proposed development) have been explored;

(2) that the proposed interference with the rights of those with an interest in the land is for a legitimate purpose and is necessary and proportionate;

(3) that an applicant has a clear idea of how it intends to use the land which it is proposed to acquire;

(4) that there is a reasonable prospect of the requisite funds for the acquisition becoming available; and

(5) that the purposes for which compulsory acquisition of land powers are included in the DCO are legitimate and are sufficient to justify interfering with the human rights of those with an interest in the land affected.

8.2.10 The following sections set out the factors SP Manweb considers demonstrate that these general considerations are satisfied.

8.3 Alternatives

Alternatives to compulsory acquisition

8.3.1 The Proposed Development is needed to provide the North Wales Wind Farms Connection Project to the local distribution network in accordance with SP Manweb's statutory duty. To construct and install, operate and maintain the 132Kv Overhead Line, SP Manweb requires rights, including the imposition of restrictions, over third party land.

8.3.2 The Book of Reference (document reference 4.3), Land Plans (document reference 2.2.1 to 2.2.13) and Table 8 at section 7.2 of this Statement show the rights and restrictions that are required and for what purpose. In each case, the rights and restrictions are required to deliver the Proposed Development and are proportionate to the degree of interference with the interests and rights of landowners. The Order Limits have been drawn so as to avoid any unnecessary interference with or extinguishment of private interests and rights. Furthermore, SP

129

Manweb is seeking the ability to use, where appropriate, powers of temporary use to enable SP Manweb to identify the minimum easement width that it requires rather than vesting rights and restrictions in an area larger than is actually required.

8.3.3 SP Manweb is not seeking the acquisition of any land. Rather, the acquisition and creation of rights and imposition of restrictions.

8.3.4 Nevertheless, SP Manweb is seeking to reach voluntary agreements with landowners so as to try and avoid the need to use Article 19 of the draft DCO (see Section 10 below).

Alternatives to the Proposed Development

8.3.5 As explained in Section 3 of this Statement, SP Manweb has a statutory duty to connect under the terms of its Distribution Licence upon receipt of a request. Accordingly, SP Manweb has to provide a connection solution for the Wind Farm Developers. The Strategic Options Report (document reference 7.3) describes the alternative options which were considered by SP Manweb in providing this connection.

8.3.6 Any alternative line routes for the connection would also require the acquisition of rights over third party land. This means that the acquisition of rights over third party land cannot be avoided.

8.3.7 The decision by SP Manweb to progress the Proposed Development as opposed to the alternative options considered is described in the Strategic Options Report (document reference 7.3), the Design and Construction Report (document reference 7.1) and the Environmental Statement (see Chapter 3) (document reference6.3). Reference should also be made to the Consultation Report (document reference 5.1), which summarises the responses of statutory and other consultees.

The proposed interest to be acquired is legitimate, necessary and proportionate

(1) SP Manweb is only seeking the compulsory acquisition and creation of rights and the imposition of restrictions and is not seeking to acquire land. As explain in sections 7.1.4 to 7.1.7, the classes of rights sought are legitimate, necessary and proportionate to enable SP Manweb to construct and install, operate and maintain the 132kV Overhead Line. The imposition of restrictions is legitimate, necessary and proportionate and necessary to protect both the installation and the operation of the 132 kV Overhead Line as well as mitigation installed which is required as part of the Proposed Development (again see sections 7.1.4 to 7.1.7). The rights and restrictions are industry standard and are no greater than the rights and restrictions that SP Manweb seeks in its voluntary agreements.

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(2) Table 8 at section 7.2 of this Statement identifies the purpose for which each right and restriction that is sought would be utilised and on which plot.

Availability of funds for compensation

8.3.8 The Guidance indicates that an applicant should be able to demonstrate that there is a "reasonable prospect" of the requisite funds becoming available. The Funding Statement (document reference 4.2) which accompanies the application sets out how the Proposed Development would be funded and demonstrates that there is a reasonable prospect of the requisite funds being available both to pay any compensation arising from the exercise of the compulsory acquisition and temporary use powers and indeed to construct the Proposed Development.

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9. HUMAN RIGHTS

9.1 Introduction

9.1.1 The Human Rights Act 1998 incorporated into UK law the European Convention on Human Rights (the "Convention"). The Convention includes provisions in the form of Articles, the aim of which is to protect the rights of the individual.

9.2 Relevant Articles

9.2.1 The following Articles of the Convention are relevant to the Secretary of State's decision as to whether the DCO for the Proposed Development should be made so as to include powers of compulsory acquisition:

(1) Article 1: this protects the right of everyone to a peaceful enjoyment of possessions and provides that no one can be deprived of their possessions except in the public interest and subject to the relevant national and international laws and principles.

(2) Article 6: this entitles those affected by the powers sought in the DCO to a fair and public hearing of any relevant objections they may have to the granting of those powers. This includes property rights and can include opportunities to be heard in the decision making process.

(3) Article 8: this protects private and family life, home and correspondence. No public authority can interfere with these rights except such as in accordance with the law and is necessary in the interest of national security, public safety or the economic well-being of the country.

9.3 Decision Maker

9.3.1 The Secretary of State, as the decision maker, is under a duty to consider whether the exercise of powers interacts with the rights protected by the Convention.

9.4 Infringement

9.4.1 The DCO has the potential to infringe the rights of persons who hold interests in land within the Order Limits under Article 1 of the First Protocol. Such an infringement is authorised by law so long as:

(1) the statutory procedures for making the DCO are followed and there is a compelling case in the public interest for the inclusion of powers of compulsory acquisition in the DCO; and

(2) the interference with the Convention right is proportionate.

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9.4.2 In preparing the DCO application for the Proposed Development, SP Manweb has considered the potential infringement of the Convention rights in consequence of the inclusion of compulsory acquisition powers within the draft DCO. SP Manweb considers that there would be a significant public benefit arising from the grant of the DCO; the need to distribute electricity generated as set out in section 3 of this Statement. The benefit is only realised if the DCO is accompanied by the grant of powers of compulsory acquisition. SP Manweb has concluded on balance that the significant public benefits outweigh the effects upon persons who own property within the Order Limits. For the small number of third party landowners affected by the exercise of the DCO powers, compensation is payable in accordance with the Statutory Compensation Code.

9.4.3 In relation to Article 6, there has been opportunity to make representations regarding the preparation of the Application. In accordance with Part 5 of the Act, SP Manweb has consulted with persons set out in the categories contained in section 44 of the Act, which includes owners of land within the Order Limits and those who may be able to make claims either under sections 7 and 10 of the Compulsory Purchase Act 1965 in respect of injurious affection and claims under Part 1 of the Land Compensation Act 1973. Also, the beneficiaries of rights overridden by the exercise of powers in the DCO would be capable of making claims under section 10 of the Compulsory Purchase Act 1965.

9.4.4 Furthermore, representations can also be made in response to any notice given under section 56 of the Act for consideration at examination of the Application by the examining authority and in any written representations procedure which the examining authority decides to uphold or at any compulsory purchase hearing held under section 92 of the Act.

9.4.5 Should the DCO be made, any person aggrieved may challenge the DCO in the High Court if they consider that the grounds for doing so are made out pursuant to section 118 of the Act.

9.4.6 In relation to matters of compensation for land to be acquired, affected persons have the right to apply to the Upper Tribunal (Lands Chamber), which is an independent judicial body to determine the compensation payable.

9.5 Conclusion

9.5.1 For the above reasons, any infringement of the Convention rights of those whose interests are affected by the inclusion in the DCO of powers of compulsory acquisition, is proportionate and legitimate and is in accordance with national and European law. For the reasons set out in this Statement, SP Manweb considers that there is a compelling case in the public interest for the exercise of such powers of compulsory acquisition. SP Manweb considers that it would, therefore, be

133 appropriate and proportionate for the Secretary of State to make the DCO, including the grant of compulsory acquisition powers.

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10. ACQUISITION BY AGREEMENT

10.1 Introduction

10.1.1 SP Manweb has undergone extensive consultation with those parties with an interest in the land within the Order Limits and has made offers to acquire the necessary rights by voluntary agreement subject to the DCO being granted and construction of the Proposed Development commencing.

10.2 Progress on acquisition

10.2.1 SP Manweb will continue to discuss the Proposed Development with interested parties and seek voluntary agreements in order to try to avoid the need for compulsory acquisition.

10.2.2 SP Manweb has made offers to and/or in negotiations/discussions with, interested parties in respect of the Class 1 to 4 rights and is continuing negotiations with these interested parties with a view to concluding voluntary agreements. Further to the meetings held with landowners during October and November 2014 to discuss the proposed 132kV Overhead Line across their land, formal written offers were made in November 2014. Meetings have also been held with tenants and formal offers were made to these tenants in early January 2015 with regards the proposed 132kV Overhead Line across their land. Further meetings are currently being held with owners, tenants and occupiers (and where applicable their agents), to continue discussions and negotiations regarding the details of the line design, enhancement planting and compensation.

10.2.3 SP Manweb is also in discussions with those parties listed in Part 3 of the Book of Reference (document reference 4.3) regarding the possible interference with their easements and other private rights. SP Manweb will continue to discuss this possible interference with a view to reaching agreements voluntarily. All parties listed in Part 3 of the Book of Reference have been written to in respect of their interest and the potential impact of the Proposed Development on these interests. These letters, outlining SP Manweb’s proposals and where appropriate seeking the owner’s agreement, were sent out in early March 2015. Further discussions have been held with some of these parties in respect of the potential impact upon the rights and SP Manweb will continue to liaise with these parties.

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10.2.4 As recognised by the Guidance, in parallel with the negotiations, SP Manweb will seek to compulsorily acquire rights in land in any event through the draft DCO. This is to ensure that in event that agreements are not reached, SP Manweb can deliver its statutory and contractual duties in relation to the Proposed Development unimpeded without potential delay should for any reason the voluntary acquisition of land rights is ultimately unsuccessful.

10.2.5 Similarly, including compulsory acquisition powers in the draft DCO is important for the following reasons:

(1) An option may be obtained by agreement prior to the DCO application or during the DCO application process, rather than the substantive right itself. The compulsory powers therefore provide a fall-back should the voluntary agreements fail and cover instances where the person with an interest in land is unwilling to grant the relevant land interest or right once the option has been exercised.

(2) Including all interests in the draft DCO allows all required rights and restrictions to be obtained in the same way and through one process, potentially by General Vesting Declaration (“GVD”). This is an effective way of compulsorily acquiring rights and restrictions in land from multiple owners.

10.2.6 Compulsory acquisition by GVD is effective against all interests in the land, so avoiding the risk of a failure to disclose a relevant interest; the GVD is effective even against unknown interests.

10.2.7 Compulsory powers are also more readily enforceable, so reducing additional risk, cost and delay.

10.2.8 Paragraph 25 of the Guidance confirms that for long, linear schemes, such as the Proposed Development:

“it may not be practical to acquire by agreement each plot of land. Where this is the case it is reasonable to include provision authorising compulsory acquisition covering all the land required at the outset”.

10.2.9 Without the powers of compulsory acquisition, the need for the Proposed Development could not be met because the rights required in the land within the Order Limits may not be assembled, uncertainty as to construction would continue and SP Manweb considers that its objectives would not be achieved.

10.2.10 In defining the areas for permanent acquisition of rights and restrictions within the Order Limits, varying Limits of Deviation have been applied to the Work Plans. Limits of Deviation have been adopted to enable SP Manweb to ensure that the correct areas of land are identified for the construction works.

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11. SPECIAL CONSIDERATIONS

11.1 Crown Land

11.1.1 Land identified as Crown Land is shown on the Crown Land Plans (document reference 2.5.1 and 2.5.2). Part 4 of the Book of Reference (document reference 4.3) identifies the plots within which the Crown has an interest (being Plots 1 to 14A inclusive).

11.1.2 The Book of Reference clearly identifies in Part 1 that the interests owned by the Crown are excluded in respect of Plots 1 to 14A inclusive. The Crown's interests relate to mines and minerals. However, given the Crown has an interest in Plots 1 to 14A, Plots 1 to 14A are classed as "Crown land" under the Act.

11.1.3 In order to construct and install, operate and maintain the 132kV Overhead Line, it is necessary for SP Manweb to create an interest and impose restrictions in Plots 1 to 14A.

11.1.4 In addition to the creation of interests, and imposition of restrictions, in respect of Plots 1 to 14A (under Article 19), the following Articles are also relevant in respect of the Crown land:

(1) Article 3 - development consent

(2) Article 4 – maintenance of the authorised development

(3) Article 6 – installation and operation of the authorised development

(4) Article 18 – authority to survey and investigate land

(5) Article 19 – compulsory acquisition of rights

(6) Article 20 - statutory authority to override easements and other rights

(7) Article 22 - private rights

(8) Article 24 – acquisition of subsoil or airspace only

(9) Article 26 - temporary use of land for carrying out works

(10) Article 27- temporary use of land for maintaining the authorised development

(11) Article 30 - felling/lopping trees

11.1.5 Section 135(2) of the Act provides that an order granting development may include provisions relating to Crown land, or rights benefitting the

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Crown, only if the appropriate Crown authority consents to the inclusion of the provision.

11.1.6 SP Manweb is in discussions with the appropriate Crown authority in respect of these plots in order to obtain their consent to the inclusion of these provisions as required under section 135. Further, SP Manweb requires an agreement with the Crown in the event that the Proposed Development breaks into the mines and minerals. Contact has been made with the local Crown Estate agents, Knight Frank. They are aware of the Proposed Development, and the works required. Contact has also been made with the main Crown Estate Minerals team to discuss the Proposed Development and to seek their agreement to the works SP Manweb proposes to carry out. SP Manweb is preparing a draft agreement to aid the on-going discussions with a view to securing the necessary land rights to break into the mines and minerals (if required) and to obtain the Crown's consent under section 135 to the provisions contained in the draft DCO.

11.2 Special Category Land

11.2.1 No special land has been identified as affected by the Proposed Development. As such Part 5 of the Book of Reference (document reference 4.3) is without items.

11.3 Statutory Undertakers Land

11.3.1 As identified in Parts 1 and 2 of the Book of Reference (document reference 4.3), British Telecommunications Plc ("BT") and Dwr Cymru Cyfyngedig ("Welsh Water") each have interests in the land within the Order Limits. These interests include overhead telecommunication lines in respect of BT and water mains and associated apparatus in respect of Welsh Water.

11.3.2 SP Manweb has written to BT and Welsh Water in order to agree protective provisions in relation to all their interests which will be affected by the Proposed Development:

(1) SP Manweb awaits a response from BT and, as such, SP Manweb has included standard protective provisions for telecommunication undertakers in Schedule 9 of the draft DCO for the Proposed Development.

(2) SP Manweb is currently in discussions with Welsh Water, which are on-going. Welsh Water is currently identifying the relevant interests, including what apparatus and or rights will be affected by the Proposed Development. The Protective Provisions currently being negotiated with Welsh Water have been included in Schedule 9 in the draft DCO.

11.3.3 It is envisaged that with the protective provisions secured in the draft DCO, section 138(4) of the Act will apply since the Secretary of State

138 can be satisfied that any extinguishment or removal of relevant apparatus will only take place if necessary and with the agreement of the applicable Statutory Undertaker.

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12. CONCLUSIONS

12.1 Conclusions

12.1.1 SP Manweb submits, for the reasons explained in this Statement, that the inclusion of powers of compulsory acquisition in the DCO for the Proposed Development meets the conditions of section 122 of the Act as well as the considerations in the Guidance.

12.1.2 The acquisition and creation of rights, the imposition of restrictions and the temporary use of land, together with the overriding of interests, rights and restrictive covenants and the suspension or extinguishment of private rights is no more than is reasonably required to facilitate or is incidental to the Proposed Development.

12.1.3 Furthermore, the rights and restrictions sought is no more than is reasonably necessary in order to construct and install, operate and maintain the Proposed Development. The Limits of Deviation have been reduced as much as possible and are proportionate.

12.1.4 The need for the Proposed Development established in NPS EN-1 and NPS EN-5 demonstrate that there is a compelling case in the public interest for the inclusion in the draft DCO for the Proposed Development of compulsory acquisition powers.

12.1.5 All reasonable alternatives to compulsory acquisition have been explored. Given the national and local need for the Proposed Development and the support for it found in policy, compulsory acquisition and creation of rights, imposition of restrictions and the temporary use of land, together with the overriding of interests, rights and restrictive covenants and the suspension or extinguishment of matters affecting the Order Land identified by SP Manweb is justified.

12.1.6 The proposed interference with the rights of those with an interest in the Order Land is for a legitimate purpose, namely the Proposed Development, and is necessary and proportionate to that purpose. SP Manweb considers that the very substantial public benefits to be derived from the proposed compulsory acquisition powers in the draft DCO would decisively outweigh the private loss that would be suffered.

12.1.7 SP Manweb has set out clear and specific proposals regarding how the Order Land will be used.

12.1.8 The requisite funds are available to meet any costs of acquisition and compensation payable as a result of the use of powers of compulsory acquisition.

12.1.9 The purpose of the powers of compulsory acquisition for the Proposed Development in the draft DCO is entirely legitimate and justifies interfering with the rights of those persons with an interest in the land proposed to be acquired.

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APPENDIX 1

SP MANWEB'S ELECTRICITY NETWORK IN NORTH WALES

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Bodelwyddan

Figure 3 North Wales network infrastructure relevant to SSA A 142 [1] , [2] Wern Ddu, [3] Braich Ddu, [4] Tir Mostyn. [5] Foel Goch,

[6] Clocaenog Forest, [7] Brenig, [8] Nant Bach and [9] Derwydd Bach

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