<p>Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 Consent under Section 36 of The Electricity Act 1989 – Draft Conditions</p><p>No S.36 LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment 1 Pursuant to section 36 of the Electricity Act 1989, the Secretary of State for Energy and Climate Change (“the Secretary of State”) hereby consents to the construction, on the area of land delineated by a solid red line on the drawing number [XXXXXXXXX], attached hereto, of a wind turbine generating station on land at [XXXXXXX](“the Development”) and to the operation of that generating station. This consent is granted to XXXX (“the Company”), its assigns and successors. 2 Subject to paragraph 3, the Development shall be over 50MW rated capacity and up to XXXMW rated capacity and comprise: a) up to 29 wind turbines in the locations shown subject to conditions numbered xxxx to xxxx but excluding turbines numbered xxx to xxxx on plan xxxx each sited on concrete foundations incorporating hardstanding for cranes and fitted with rotating blades. 15 having a height to blade tip of up to 99.5m and 14 having a height to blade top of up to 115.5m. b) A series of cables buried beneath the surface of the ground and connecting the wind turbines to the substation. c) A series of access tracks between the wind turbines d) A construction, maintenance and emergency site access road. e) An onsite electricity substation. f) Two anemometry masts. g) A borrow pit for the extraction of stone to be used in the construction of the development. 3 Subject to any minor changes which may be approved by the Local Planning Authority (as defined in the conditions of the deemed planning permission (“the Planning </p><p>Page 1 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No S.36 LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment Conditions”) set out in paragraph 5 below), the Development shall be constructed and operated in accordance with the details contained in the Environmental Statement insofar as these do not conflict with any provision of the Planning Conditions or paragraphs 4 and 5 of this consent, or with the requirements of the Planning Conditions or the terms of any scheme, programme, statement, plan, details, or report to be approved by the Local Planning Authority under the Planning Conditions. 4 The Development shall be commenced before the expiration of five years from the date of this consent, or such longer period as the Secretary of State may hereafter direct in writing.</p><p>Page 2 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 Deemed Permission under Section 90 of The Town And Country Planning Act 1990 – Draft Conditions</p><p>No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment 5 In these conditions, unless the context otherwise requires: “abnormal indivisible load” has the same meaning as in the Road Vehicles (Authorisation of Special Types) (General) Order 2003(a); “commencement”, in relation to the authorised development, means the date on which the authorised development begins by the carrying out of a material operation as defined in section 56 of the 1990 Act and “commence” and “commenced” shall be construed accordingly; “Construction Period” means the period from work commencing on the Development until the date 6 months after the Site compounds have been reinstated in accordance with the conditions of this consent; “European protected species” means a species listed in Schedules 2 or 5 of the Conservation of Habitats and Species Regulations 2010; “first export” means the date the authorised development first exports electricity to the Grid on a commercial basis; “site” means land within the development boundary; “wind turbines” means the wind turbines forming part of the development and “wind turbine” shall be construed accordingly "dB" refers to the Decibel noise measurement unit; "dB(A)" refers to a Decibel noise measurement unit, with the inclusion of the A-weighting filter in the measurements as referred to in ETSU-R-97; “ETSU-R-97” means the ETSU Report number ETSU-R-97 ‘The Assessment and Rating of Noise from Wind Farms’ published in September 1996; "LA90" means the decibel (dB) level exceeded for 90% of each sample period; “Local Planning Authority” means Powys County Council;</p><p>Page 3 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment “deforestation” means any felling or lopping undertaken. “development” means the works that are permitted to take place as a result of this permission. This includes; a) up to 29 wind turbines each sited turbines in the locations shown subject to conditions numbered xxxx to xxxx but excluding turbines numbered xxx to xxxx on plan xxxx on concrete foundations incorporating hardstanding for cranes and fitted with rotating blades. 15 having a height to blade tip of up to 99.5m and 14 having a height to blade top of up to 115.5m. b) A series of cables buried beneath the surface of the ground and connecting the wind turbines to the substation. c) A series of access tracks between the wind turbines d) A construction, maintenance and emergency site access road. e) An onsite electricity substation. f) Two anemometry masts. g) A borrow pit for the extraction of stone to be used in the construction of the development. “Public Holiday” means a day that is, or is to be observed as a public holiday; Reason: For the avoidance of doubt. 6 Where under any condition details, a scheme, or a plan are to be submitted for the approval, or confirmation, of the local planning authority then unless the condition provides otherwise: (a) those details or scheme or plan and that approval must be in writing; (b) the approved details, scheme or plan shall be taken to include any amendments that may subsequently be approved in writing by the local planning authority, provided that no amendments may be approved by the local planning authority where </p><p>Page 4 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment such amendments may give rise to any materially different environmental effects to those assessed in the environmental statement. Reason: For the avoidance of doubt. The Development 7 The development shall be carried out in accordance with We are considering the following approved plans and documents: whether this list.  ………. in the locations shown subject to conditions numbered xxxx to xxxx but excluding turbines numbered xxx to xxxx on plan xxxx</p><p>Reason: For the avoidance of doubt. 8 This permission shall authorise the development to remain on the site for a period of 25 years from the first export. Reason: For the avoidance of doubt and to establish the duration of this permission. 9 Confirmation of the first export date shall be provided to the local planning authority within one month of its occurrence. Reason: To establish the date from which condition [previous] shall apply. Site Recording 10 No development shall commence until all areas that will be disturbed by the development have been photographically recorded and these photos, alongside a plan detailing the precise location and bearing of these photos have been submitted to and approved by the local planning authority. Reason: to record the landscape and site prior to the development commencing and provide a basis for the decommissioning and site restoration scheme. </p><p>Page 5 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment Site Decommissioning & Restoration 11 Not less than 12 months before the expiry of this permission, a scheme for the decommissioning and restoration of the site shall be submitted to and approved by the local planning authority. The scheme shall be implemented as approved and be completed within 12 months from expiry date of this permission. The scheme shall include, but not be limited to: (a) Details of all tracks, structures, buildings, underground cables and utilities, and other associated infrastructure to be removed. (b) Details of means of removal, including how this will avoid encroachment onto peatland habitats. (c) Phasing of the removal of tracks, structures, buildings and other associated infrastructure. (d) Earth moving & soil replacement (e) Restoration of the landscape. (f) Reinstatement of public rights of way, paths and footpaths. (g) Monitoring and remedial actions. Reason: to ensure development is removed in a sympathetic manner upon expiry of this permission. 12 Prior to the implementation of the Site Decommissioning and Restoration Scheme, a community liaison scheme shall be submitted to and approved by the local planning authority. The community liaison scheme shall be implemented as approved and include: a) details of developer liaison with the local community to ensure residents are informed of how the decommissioning of the development is progressing; b) a mechanism for dealing with complaints from the </p><p>Page 6 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment local community during the decommissioning of the development; and c) a nominated representative of the developer who will have the lead role in liaising with local residents and the relevant planning authority. Reason: To ensure the amenity of local residents is protected. 13 On completion of the restoration work, any remaining fixed equipment, machinery and buildings erected or brought onto the site for the purpose of the implementing the scheme shall be removed from the site. Reason: to ensure the site is left in a satisfactory manner upon completion of the Site Decommissioning and Restoration Scheme. No development shall take place on site on the site until the developer has submitted to the planning authority details of a financial instrument, such as an escrow account, and arrangements which will ensure that funds sufficient to cover the completion of the decommissioning and site restoration costs, in accordance with Condition [ ] above, are available to the developer and planning authority prior to the commencement of decommissioning and site restoration. The financial instrument shall include arrangements for funds to increase with inflation and shall include a review provision upon the 5 th , 10 th , 15 th and 20 th anniversary of the First Export to ensure that the funds remain sufficient to cover the completion of the decommissioning and site restoration costs in accordance with Condition [ ] above. </p><p>Reason: No development shall take place on site until the local planning authority has approved the arrangements in </p><p>Page 7 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment writing, the approved financial instrument is in place and arrangements have been secured to ensure that funds will be in place prior to the commencement of decommissioning and site restoration. The financial instrument shall be maintained throughout the duration of the permission and reinstatement period and the arrangements for deposit of funds, inflation adjustment and review of the financial instrument will be implemented.</p><p>Reason: Turbine Failure 14 If any wind turbine fails to provide electricity to the grid for a continuous period of 6 months or more, other than required by condition [noise], the local planning authority; (a) shall be notified upon expiry of that 6 month period; and (b) can instruct the developer to submit a detailed scheme setting out how the wind turbine, it's tracks, structures, buildings and other associated infrastructure (including cabling) will be removed from the site and how the disturbed areas will be restored. The scheme must be submitted to the local planning authority within 2 months of the local planning authority’s instruction and implemented within 6 months of approval unless a longer period is agreed in writing by the local planning authority. Reason: in the interests of visual amenity. Development Micro-Siting 15 No development shall commence until a micro-siting protocol has been submitted to and approved by the local planning authority. It shall set out a methodology for a Page 8 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment detailed peat depth assessment and a protocol for deciding on micro siting of all development to minimise the developments impact on, but not limited to, peat, curlew, black grouse, protected species, watercourses, and any other identified environmental constraints. Reason: To allow flexibility to site development so that it minimises its impact on the natural environment. 16 All aspects of the development shall be located within 50m of the locations shown as turbine numbers xxxx to xxx but not xxx to xxx on plan xxx on the approved plans in accordance with the protocols established in condition [XX] Reason: To allow flexibility to site development so that it minimises its impact on the natural environment. 17 Within 3 months of the first export date, a plan showing the exact location of all development (including tracks, hard standings, access areas, turbines, infrastructure routes, borrow pits etc) shall be submitted to and approved by the local planning authority. Reason: to record the final as built scheme once micro- siting allowances have been taken into account.</p><p>Detailed Development Design & Appearance 18 No turbines shall be erected until details of the turbines, including make, model, design, size, transformer location, power rating, the anemometer mast and associated apparatus has been submitted to and approved by the local planning authority. The turbines, anemometer mast and associated apparatus shall be constructed in accordance with the approved details. Reason: to ensure satisfactory appearance and in the interests of visual amenity. 19 All turbines shall be finished in a non-reflective [XXXX] paint</p><p>Page 9 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment with blades rotating in the same direction. Reason: to ensure satisfactory appearance and in the interests of visual amenity. 20 All electricity cables connecting the turbines and the substation, and other services within the site boundary shall be installed underground. Reason: In the interests of visual amenity. 21 No development shall commence until details relating to the external treatment, design, materials, and orientation and screening of the on-site substation have been submitted to and approved by the local planning authority. The substation shall be constructed in accordance with the approved details. Reason: In the interests of visual amenity. 22 No development shall commence until details of any outdoor lighting provision have been submitted to and approved by the local planning authority. Any outdoor lighting shall be provided in accordance with the approved details. Reason: in the interests of visual amenity. 23 No symbols, signs, logos or other lettering, other than those required by law for health and safety reasons, shall be displayed on any part of the turbines nor any building or structures without approval from the local planning authority. Reason: In the interests of visual amenity. Construction Hours 24 Construction work shall only take place between the hours of 07:30 - 19:30 hours on Monday to Friday inclusive and 07:30 - 13:00 hours on Saturdays, with no construction </p><p>Page 10 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment work on a Sunday or public holiday. Outwith these hours, works at the site shall be limited to emergency works, erection of turbines, dust suppression, and the testing/maintenance of plant and equipment, or construction work that is not audible from any noise sensitive property outwith the Site, unless otherwise approved in writing by the Local Planning Authority. The Local Planning Authority shall be informed in writing of emergency works within three working days of occurrence. Reason: For the avoidance of doubt and in the interests of residential amenity. 25 All activities associated with the construction of the development shall be carried out in accordance with British Standard BS5228:2009: Code of Practice for noise and vibration control on construction and open sites – Part 1: Noise and Part 2: Vibration. Reason:Reason: In the interest of amenity. Highways 26 No development shall take place until details of the works at the junction of the local access road with the A483 have been submitted to and approved by the Local Planning Authority. The details shall include: (a) details of visibility splays that shall be kept free at all times of any obstruction including trees and shrubs exceeding 1.05 metres in height above the adjoining carriageway; (b) drainage details; and (c) road markings and signage proposals The works shall be implemented in accordance with the approved details.</p><p>Page 11 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment Reason: In the interests of highway safety. 27 No development shall take place until detailed plans of the highway works on the C2025 Pentre Road and U2835 unclassified county highways have been submitted to and approved in writing by the local planning authority. The details submitted shall include: (a) details of localised widening and indivisible passing places (b) details of visibility splays that shall be kept free at all times of any obstruction including trees and shrubs exceeding 1.05 metres in height above the adjoining carriageway; (c) drainage details; and (d) road markings and signage proposals The works shall be implemented in accordance with the approved details Reason: In the interests of highway safety. 28 No deliveries by abnormal indivisible load shall take place until an assessment of the capacity and impact on the highway and all structures forming part of the highway along the delivery route including layover areas, passing places, bridges, culverts, retaining walls, embankments, drainage systems, street lighting, street signs, safety barriers is carried out and submitted to and approved by the local planning authority and full engineering details and drawings of any works required to such structures to accommodate the passage of abnormal indivisible loads have been submitted to and approved by the local highway authority and the approved works shall be completed prior to any abnormal indivisible load deliveries to the site Reason: In the interests of highway safety.</p><p>Page 12 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment 29 No abnormal indivisible loads shall be delivered to the Site until a traffic management plan for abnormal indivisible load deliveries has been submitted to and approved by the local planning authority. Thereafter abnormal indivisible loads shall be carried out in accordance with the approved TMP. The TMP shall generally accord with the draft TMP dated February 2014 provided that a common set of road works shall be developed to be carried out in tandem with other windfarm development proposals using similar parts of the proposed route so as to mitigate impacts and shall include: (a) Abnormal indivisible load vehicle routeing (b) The carrying out of any widening or junction improve- ments and works and the provision of passing places layover areas and welfare facilities required to achieve the delivery of abnormal indivisible loads along the proposed route provided that a common set of road works shall be developed to be carried out in tandem with other windfarm development proposals using sim- ilar parts of the proposed route (c) Rights of access to any junction improvements, passing places layover areas and welfare facilities that are not proposed to form a part of the highway network (d) The carrying out of trial runs to demonstrating the suit- ability of the route prior to any abnormal indivisible load deliveries taking place (e) Management of junctions and crossings of highways and other public rights of way while abnormal indivis- ible load deliveries take place (f) Management and maintenance of layover areas, passing places and welfare facilities; (g) Details of temporary warning signs (h) restrictions on abnormal indivisible load movements during special events including (without limitation) the </p><p>Page 13 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment Royal Welsh and Smallholders shows (i) details of any alterations to any works that are carried out to enable abnormal indivisible load movements proposed to be implemented after such movements are completed (j) a review mechanism to ensure that any changes in cir- cumstances after the agreement of the TMP can be ad- dressed Reason: To ensure the safety of the highways affected and that the developer rectifies any damage caused.. 30 No abnormal indivisible load deliveries shall be made to the site until an abnormal indivisible load management strategy has been submitted to and approved in writing by the Local Planning Authority. All AIL deliveries shall be carried out in accordance with the approved abnormal indivisible load management strategy which will include details of the following: (a) Management and maintenance of abnormal indivisible load deliveries; (b) Means of control of timing of delivery AIL movements; (c) Temporary traffic diversions and traffic hold points; (d) Details of banksmen and escorts for abnormal loads; (e) Coordination with all other AIL deliveries (including without limitation to other wind farms in Mid Wales) (f) Description of procedures for the allocation of delivery slots including delivery slot triggers and trading; (g) The appointment and role of a Transport Coordinator (h) The arrangements for banksmen and escorts (i) Liaison with relevant highway and planning authorities and the Police; (j) Liaison with members of the public and local </p><p>Page 14 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment communities; (k) Liaison with the hauliers, developers and landowners prior to the submission of notifications for AIL deliveries and applications for Special Orders for AIL deliveries. Reason: In the interests of highway safety and public amenity. 31 No construction works shall take place on site until a Traffic management Plan has been submitted to and approved in writing by the local planning authority. The approved traffic management plan shall thereafter be complied with and will include details of the following: (a) construction vehicle routeing (b) means of monitoring vehicle movements to and from the site including the use of liveried construction vehicles displaying the name of the developer, the vehicle number, a telephone number for complaints and procedures for dealing with complaints (c) timing of vehicle deliveries to the site (d) the management of junctions and crossings of high- ways and other public rights of way (e) contractual arrangements for the control of construc- tion traffic offsite and to ensure that complaints and breaches of the TMP requirements are able to be remedied (f) a travel plan aimed at maximising the use of sustain- able travel by the construction workforce associated with the development (g) vehicle movements during special events including (without limitation) the Royal Welsh and Smallholders shows (h) communications with members of the public and local communities</p><p>Page 15 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment (i) a review mechanism to ensure that any changes in cir- cumstances after the agreement of the TMP can be ad- dressed Reason: In the interests of highway safety and public amenity. 32 No construction works shall take place on site until a scheme to provide for the remediation of any damage or deterioration of the highway (to include both the trunk road and the local road network) attributable to the development has been provided to the local planning authority and approved in writing. Such a scheme shall include:- (a) The undertaking of a condition survey of the proposed access routes prior to development (b) The undertaking of further condition survey work during the construction of the development and after the commissioning of the development (c) provision of details and timescale for works to remediate damage or deterioration to all parts of the highway including street furniture, structures, highway verge and carriageway and footway surfaces The scheme shall thereafter be implemented in accordance with the approved details. Reason: In the interests of highway safety and public amenity. 33 No movement of traffic associated with any decommissioning of the development shall take place until a traffic management plan dealing with such decommissioning has been submitted to and approved in writing by the local planning authority and thereafter the approved TMP shall be implemented Reason : To ensure the safety of the highways affected.</p><p>Page 16 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment 34 No abnormal indivisible load movements associated with any repairs or replacement components shall take place during the life of the development until a traffic management plan dealing with such repair and/or replacement has been submitted to and approved by the local planning authority and thereafter the approved TMP shall be implemented Reason : To ensure the safety of the highways affected. Construction Method Statement 35 No development shall commence until a Construction Method Statement (CMS) has been submitted to, and approved by the local planning authority. The CMS shall be implemented as approved. The CMS shall apply the best practicable methods to the mitigation, control and remediation of environmental impact during the construction of the Development, and shall include: (a) detailed contractor arrangements, monitoring and contingency proposals, including a pollution prevention plan, and the identification of an ecological clerk of works; (b) management arrangements setting out how the developer, contractors and regulators will work together to ensure that the provisions of the CMS are carried out; (b) a site construction environmental management plan (CEMP) based on up to date ecological and hydrological surveys undertaken after the felling of trees on the Site and prior ecological and hydrological investigation that provides for the use of best practice working methods, and for a monitoring scheme to ensure that construction works avoid damage to the environment </p><p>Page 17 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment and that any necessary licences have been obtained; (c) a scheme for the protection of watercourses, drainage systems, wetlands and the water environment from impact from the Development including: i. measures to prevent pollution and methods for the containment of spillages, and ii. detailed measures for stream crossings to allow surface water flows to pass beneath or through tracks, and to prevent any polluting discharge from haul roads from entering the water environment; (d) measures to be taken to protect the rights, interests and safety of users of public rights of way crossing the Site, and open access land within the Site during the construction of the Development; (e) proposals for the demarcation and protection of Sites of Special Scientific Interest, Biodiversity Action Plan and Local Biodiversity Action Plan habitats and Scheduled Ancient Monuments within or adjoining the Site; (f) measures for the management and disposal of contaminated soils; (g) measures for the storage of all fuels, oils, cement, concrete and chemicals on impervious bases away from watercourses or water features; (h) details, including the volume and source, of any material to be imported to site for backfilling trenches, or constructing access tracks; (i) proposals for the management of foul water, including concrete wash-out; (j) details of track design and construction, including the excavation and make up of internal access roads and </p><p>Page 18 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment hard standings, including measures to address siltladen run off from any working, temporary and permanent access roads, soil storage and other engineering operations; (k) detailed measures to minimise disturbance to and the impacts on breeding birds; (l) details of all handling, storage and re-use on site of soil and peat, including details of receptor areas and methods of translocation where it is proposed to translocate peat from the site; (m) details of proposed opening, Reason: To ensure the safety of the highways affected. Rights of Way Management Plan 36 No development shall commence until a Rights of Way Management Plan (RWMP) has been submitted to and approved by the local planning authority. The RWMP shall be implemented as approved and shall include: (a) details of the temporary re-routing of public rights of way during construction of the authorised development; (b) details of the provision of signage and other information alerting the public to construction works; (c) details of any fencing or barriers to be provided during the construction period; (d) details as to how public rights of way, paths and roads will be inspected prior to and monitored during the construction period; (e) details of alternative routes for any public rights of way that need to be diverted; details of permissive </p><p>Page 19 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment routes to be provided within the site. Reason: to protect public rights of way. Ecology 37 Habitat Management Plan</p><p>Reason: In the interests of local flaura and fauna. 38 No development shall commence until an ecological clerk of works has been appointed. The ecological clerk of works shall be a suitably qualified environmental professional whose identity shall be agreed with the local planning authority prior to their appointment and shall be retained throughout the duration of construction works on site. Reason: In the interests of protecting the ecological and ornithological environment. 39 The Ecological Clerks of Works duties shall include, but not be limited to: (a) monitoring compliance with the reporting on the success/failure of the approved mitigation works (b) advising on the implementation of the approved mitigation proposals and the protection of nature conservation interests on the site (c) directing and consulting on the micro-siting and placement of turbines, roads and other infrastructure (d) monitoring and reporting on compliance with the Ecological Construction Management Plan (and method statement therein) and Monitoring Plans (e) Attending ecological steering group meetings. Reason: In the interests of protecting the ecological and ornithological environment. 40 No construction activity or bringing in of construction </p><p>Page 20 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment materials and components shall occur within the development boundary in the curlew breeding season between 1st March to 31st July inclusive. Reason: to protect breeding Curlews. 41 No development shall commence until an Ecological Steering Group (ESG) has been established comprising representatives of Powys County Council, National Resource Wales and any other body which the local planning authority shall consider necessary. The Steering Group shall be consulted on relevant matters by the local planning authority. Reason: In the interests of protecting the ecological and ornithological environment. 42 Within 6 months of permission being granted, all databases & records collated within the Environmental Statement and Supplementary Environmental Information shall be digitally sent to Biodiversity Information Service for Powys and Brecon Beacons National Park (BIS). Reason: to ensure that environmental data and information gathered is properly recorded. 43 All biodiversity databases & records collated, as a result of surveys/monitoring over the developments lifetime, shall be digitally submitted to the local planning authority and sent to the Biodiversity Information Service for Powys and Brecon Beacons National Park (BIS) within 6 months of the data being gathered. Reason: to ensure that environmental data and information gathered is properly recorded. Private Drinking Water Supplies 44 No development shall commencement until a report addressing the potential effect of the development on any </p><p>Page 21 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment private drinking water resources in the area and any measures required to minimise the impact on drinking water quality during consultation and operation has been submitted to and approved by the local planning authority. The report shall be implemented as approved. Reason: To protect local water resources.</p><p>Shadow Flicker 45 No development shall commence until a scheme for the avoidance of any shadow flicker effect at any dwelling which lawfully existed or had planning permission at the date of this permission has been submitted to and approved by the local planning authority. The scheme shall be implemented as approved. Reason: In the interests of local amenity for nearby residents. Television Interference 46 No development shall commence until a scheme has been submitted to and approved by the local planning authority providing for the investigation of and remediation of any interference with television reception at any dwelling which lawfully existed or had planning permission at the date of this permission. The scheme shall be implemented as approved. Reason: In the interests of amenity for nearby residents. Archaeology 47 No development shall commence until a scheme of archaeological investigation has been submitted to and approved by the local planning authority. The scheme of archaeological investigation shall be implemented as approved. The scheme of archaeological investigation shall </p><p>Page 22 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment incorporate: a) a detailed walkover survey of the development site before commencement of the authorised development; and b) evaluation trenching of all new turbine construction locations and building footprints; and c) targeted evaluation trenching of new access tracks; and d) palaeo-environmental sampling and analysis of affected peat deposits; and d) archaeological excavation and recording of significant deposits identified during evaluation; and e) a continuous watching brief during construction to record other identified archaeological remains and any remains subsequently identified as present; and f) demarcation of all recorded archaeological features within 50 metres of construction. Reason: To ensure that any archaeological value of the site is discovered. 48 All records collated, as a result of the Scheme of Archaeological Investigation, shall be submitted to the local planning authority and copies provided to the Historic Environment Record (currently held by Clwyd-Powys Archaeological Trust) within 6 months of the record being gathered. The Scheme of Archaeological Investigation will include provision for the publication of results and the long term storage of artefactual remains. Reason: In the interests of protecting the historic environment. 49 All records collated, as a result of the Scheme of Archaeological Investigation, shall be submitted to the local planning authority and sent to the Historic Environment Record (currently held by Clwyd-Powys Archaeological Trust) within 6 months of the record being gathered.</p><p>Page 23 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment Reason: To ensure that any archaeological findings are suitably recorded. AVIATION 50 No wind turbine shall be erected until details of the installation of infra-red aviation warning lights have been submitted to and approved by the local planning authority. The lights shall be installed in accordance with the approved details and maintained until the wind turbines are decommissioned and removed from site. Reason: In the interests of aviation safety. 51 No wind turbine shall be erected before information on the accurate location of the wind turbines has been provided to the Defence Geographic Centre of the Ministry of Defence. Reason: In the interests of aviation safety.</p><p>Community Liaison 52 No development shall commence until a community liaison scheme for the construction period has been submitted to and approved by the local planning authority. The community liaison scheme shall be implemented as approved and include: a) details of developer liaison with the local community to ensure residents are informed of how the construction of the development is progressing; b) a mechanism for dealing with complaints from the local community during the construction of the development; and c) a nominated representative of the developer who will have the lead role in liaising with local residents and the relevant planning authority. Reason: To ensure the amenity of local residents is protected.</p><p>Page 24 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment Noise 53 No turbine hereby approved shall be brought into operation prior to the submission to and approval in writing by the Local Planning Authority of a scheme for the assessment and regulation of Excess Amplitude Modulation (EAM). That scheme shall be in general accordance with, if it exists at the time of submission:</p><p>(a) relevant guidance endorsed in National Planning Policy; or in the absence of endorsed guidance;</p><p>(b) relevant guidance published by the Institute of Acoustics.</p><p>The approved scheme shall be implemented for the life of the development hereby approvedNo turbine shall be brought into operation before a scheme for the assessment and regulation of Excess Amplitude Modulation (EAM) has been submitted to and approved by the Local Planning Authority. That scheme shall be in general accordance with: a) any guidance endorsed in National Planning Policy of Guidance at that time; or in the absence of endorsed guidance b) Guidance published by the Institute of Acoustics; The approval scheme shall be implemented for the life of the development. Reason: In the interests of public amenity to ensure that EAM is suitably addressed. 54 The rating level of noise immissions from the combined effects of the wind turbines (including the application of any tonal penalty) when determined in accordance with the attached Guidance Notes (to this condition), shall not exceed the values for the relevant integer wind speed set out in, or derived from, the table attached to this condition </p><p>Page 25 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment at any dwelling which is lawfully existing or has planning permission at the date of this permission and: a) The wind farm operator shall continuously log power production, wind speed and wind direction, all in accordance with Guidance Note 1(d). These data shall be retained for a period of not less than 24 months. The wind farm operator shall provide this information in the format set out in Guidance Note 1(e) to the Local Planning Authority on its request, within 14 days of receipt in writing of such a request. b) No electricity shall be exported until the wind farm operator has submitted to the Local Planning Authority for written approval a list of proposed independent consultants who may undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Local Planning Authority. c) Within 21 days from receipt of a written request from the Local Planning Authority following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the wind farm operator shall, at its expense, employ a consultant approved by the Local Planning Authority to assess the level of noise immissions from the wind farm at the complainant’s dwelling in accordance with the procedures described in the attached Guidance Notes. The written request from the Local Planning Authority shall set out at least the date, time and location that the complaint relates to and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Local Planning Authority, the noise</p><p>Page 26 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment giving rise to the complaint contains or is likely to contain a tonal component. d) The assessment of the rating level of noise immissions shall be undertaken in accordance with an assessment protocol that shall, prior to the commencement of any measurements, have been submitted to and approved in writing by the Local Planning Authority. The protocol shall include the proposed measurement location identified in accordance with the Guidance Notes where measurements for compliance checking purposes shall be undertaken and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Local Planning Authority under paragraph c), and such others as the independent consultant considers likely to result in a breach of the noise limits. e) Where a dwelling to which a complaint is related is not listed in the tables attached to these conditions, the wind farm operator shall submit to the Local Planning Authority for written approval proposed noise limits selected from those listed in the tables to be adopted at the complainant’s dwelling for compliance checking purposes. The proposed noise limits shall be those limits selected from the Tables specified for a listed location which is the geographically nearest dwelling to the complainant’s dwelling, unless otherwise agreed with the Local Planning Authority due to location- Page 27 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 No TCPA LPA / Agreed Condition Applicant Comment Applicants Alternative/Proposed Condition LPA Comment specific factors. f) The wind farm operator shall provide to the Local Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the Guidance Notes within 2 months of the date of the written request of the Local Planning Authority for compliance measurements to be made under paragraph (c), unless the time limit is extended in writing by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority, the assessment shall be accompanied by all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in Guidance Note 1(e) of the Guidance Notes with the exception of audio data which shall be supplied in the format in which it is recorded. The instrumentation used to undertake the measurements shall be calibrated in accordance with Guidance Note 1(a) and certificates of calibration shall be submitted to the Local Planning Authority with the independent consultant’s assessment of the rating level of noise immissions. g) Where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to Guidance Note 4(c), the wind farm operator shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to paragraph (d) above unless the time limit has been extended in writing by the Local Planning Authority. Reason: in the interests of residential amenity.</p><p>Page 28 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018</p><p>Table 1 – Noise limits expressed in dB LA90,10 minute </p><p>Location Name Easting Northing Standardised wind speed at 10 meter height (rnls) within the site averaged over 10-minute periods 3 4 5 6 7 8 9 10 11 12 Bondre Fach 303537 275935 45 45 45 45 45 45 46 48.7 51.7 55 Bondre Fawr 303478 277256 45 45 45 45 45 45 45.2 48 50.9 53.8 Custogion 305341 279784 45 45 45 45 45 47 50.7 54.3 57.9 61.4 Ddullui Bank 305205 280834 45 45 45 45 45 45 46.8 49.7 52.6 55.7 Newhouse 304934 27613045 45 45 45 45 45 45 45 45 47.5 50.7 Paby Llwyd 1 305324 282553 39.1 39.1 39.1 39.1 40.1 42.8 44 45.4 46.9 48.5 Paby Llwyd 2 305039 282383 39.4 39.4 39.4 39.4 40.5 42.8 44 45.4 46.9 48.5 Paby Llwyd 3 304807 281859 35 35 35 37.4 38.5 41.7 45.8 48.7 51.6 54.7 Paby Llwyd 4 304774 281328 35 35 35 37.4 39 42.1 46.2 49.1 52 55.1 Nant-hir 305502 277960 35 35 35 35 38.1 41.3 44.6 48 51.4 54.8 Upper Nant Hir 305694 277841 35 35 35 35 38.1 41.3 44.6 48 51.4 54.8 Ffordd-Ias 305307 277940 45 45 45 45 45 45 45 48 51.4 54.8 Rock House 305750 278241 35 35 35 35 38.1 41.3 44.6 48 51.4 54.8 Great Meadows 305891 278415 35 35 35 35 38.1 41.3 44.6 48 51.4 54.8 Green Meadows 306021 278379 35 35 35 35 38.1 41.3 44.6 48 51.4 54.8 Gryn Llyndwr 305950 283300 35 35 35 35 36.5 38 38 38 38 38 Cwm Derw 303060 278760 35 35 35.4 37.5 39.9 42.4 45.2 48 50.9 53.8</p><p>Page 29 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 Guidance Notes for Noise Conditions These notes are to be read with and form part of the the microphone should be placed at least 3.5 metres with Guidance Note 2, such correlation to be noise condition. They further explain the condition away from the building facade or any reflecting undertaken in the manner described in Guidance and specify the methods to be employed in the surface except the ground at the approved Note 2. All 1 a-minute periods shall commence on assessment of complaints about noise immissions measurement location. In the event that the consent the hour and in 10- minute increments thereafter. from the wind farm. The rating level at each integer of the complainant for access to his or her property (e) Data provided to the Local Planning Authority in wind speed is the arithmetic sum of the wind farm to undertake compliance measurements is withheld, accordance with the noise condition shall be noise level as determined from the best-fit curve The Company shall submit for the written approval provided in comma separated values in electronic described in guidance Note 2 of these Guidance of the Local Planning Authority details of the format. Notes and any tonal penalty applied in accordance proposed alternative representative measurement (f) A data logging rain gauge shall be installed in the with Guidance Note 3. Reference to ETSU-R-97 refers location prior to the commencement of course of the assessment of the levels of noise to the publication entitled "The Assessment and measurements and the measurements shall be immissions. The gauge shall record over successive 1 Rating of Noise from Wind Farms" (1997) published undertaken at the approved alternative a-minute periodssynchronised with the periods of by the Energy Technology Support Unit (ETSU) for representative measurement location. data recorded in accordance with Note 1 (d). the Department of Trade and Industry (OTt). (c) The LA9ot1o minute measurements should be Guidance Note 2 Guidance Note 1 synchronised with measurements of the 10- minute (a) The noise measurements shall be made so as to arithmetic mean wind and operational data logged in (a) Values of the LA9(J.1o minute noise statistic provide not less than 20 valid data points as defined accordance with Guidance Note 1 (d), including the should be measured at the complainant's property, in Guidance Note 2 (b) using a sound level meter of EN 60651/8S EN 60804 power generation data from the turbine control (b) Valid data points are those measured in the Type 1, or 8S EN 61672 Class 1 quality (or the systems of the wind farm. conditions specified in the agreed written protocol equivalent UK adopted standard in force at the time (d) To enable compliance with the conditions to be under paragraph (d) of the noise condition, but of the measurements) set to measure using the fast evaluated, The Company shall continuously log excluding any periods of rainfall measured in the time weighted response as specified in SS EN arithmetic mean wind speed in metres per second vicinity of the sound level meter. Rainfall shall be 60651/8S EN 60804 or BS EN 61672-1 (or the and wind direction in degrees from north at hub assessed by use of a rain gauge that shall log the equivalent UK adopted standard in force at the time height for each turbine and arithmetic mean power occurrence of rainfall in each 10 minute period of the measurements). This should be calibrated in generated by each turbine, all in successive 10- concurrent with the measurement periods set out in accordance with the procedure specified in BS 4142: minute periods. Unless an alternative procedure is Guidance Note 1. 1997 (or the equivalent UK adopted standard in previously agreed in writing with the Planning force at the time of the measurements). Authority, this hub height wind speed, averaged (c) For those data points considered valid in Measurements shall be undertaken in such a manner across all operating wind turbines, shall be used as accordance with Guidance Note 2(b), values of the to enable a tonal penalty to be applied in accordance the basis for the analysis. All 10 minute arithmetic LA90,10 minute noise measurements and with Guidance Note 3. average mean wind speed data measured at hub corresponding values of the 10- minute wind speed, as derived from the standardised ten metre height (b) The microphone should be mounted at 1.2 -1.5 height shall be 'standardised' to a reference height wind speed averaged across all operating wind metres above ground level, fitted with a two-layer of 10 metres as described in ETSU-R-97 at page 120 turbines using the procedure specified in Guidance windshield or suitable equivalent approved in writing using a reference roughness length of 0.05 metres. It Note 1 (d), shall be plotted on an XY chart with noise by the Local Planning Authority, and placed outside is this standardised 10 metre height wind speed level on the Y-axis and the standardised mean wind the complainant's dwelling. Measurements should data, which is correlated with the noise speed on the X-axis. A least squares, "best fit" curve be made in "free field" conditions. To achieve this, measurements determined as valid in accordance of an order deemed appropriate by the independent </p><p>Page 30 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 consultant (but which may not be higher than a speed derived from the value of the "best fit" line at dwelling approved in accordance with paragraph (e) fourth order) should be fitted to the data points and each integer wind speed. If there is no apparent of the noise condition, the independent consultant define the wind farm noise level at each integer trend with wind speed then a simple arithmetic shall undertake a further assessment of the rating speed. mean shall be used. This process shall be repeated level to correct for background noise so that the Guidance Note 3 for each integer wind speed for which there is an rating level relates to wind turbine noise immission (a) Where, in accordance with the approved assessment of overall levels in Guidance Note 2. only. assessment protocol under paragraph (d) of the (f) The tonal penalty is derived from the margin (d) The Company shall ensure that all the wind noise condition, noise immissions at the location or above audibility of the tone according to the figure turbines in the development are turned off for such locations where compliance measurements are below. period as the independent consultant requires to being undertaken contain or are likely to contain a undertake the further assessment. The further tonal component, a tonal penalty is to be calculated assessment shall be undertaken in accordance with and applied using the following rating procedure. the following steps: (b) For each 10 minute interval for which LA90 .10 (e). Repeating the steps in Guidance Note 2, with the mlnule data have been determined as valid in wind farm switched off, and determining the accordance with Guidance Note 2 a tonal background noise (L3) at each integer wind speed assessment shall be performed on noise immissions within the range requested by the Local Planning during 2 minutes of each 10 minute period. The 2 Authority in Its written request under paragraph (c) minute periods should be spaced at 10 minute and the approved protocol under paragraph (d) of intervals provided that uninterrupted uncorrupted the noise condition. data are available ("the standard procedure"). (f) The wind farm noise (L1) at this speed shall then Where uncorrupted data are not available, the first be calculated as follows where L2 is the measured 'available uninterrupted clean 2 minute period out of Guidance Note 4 level with turbines running but without the addition the affected overall 10 minute period shall be (a) If a tonal penalty is to be applied in accordance of any tonal penalty: selected. Any such deviations from the standard with Guidance Note 3 the rating level of the turbine (g) The rating level shall be re-calculated by adding procedure, as described in Section 2.1 on pages 104- noise at each wind speed is the arithmetic sum of arithmetically the tonal penalty (if any is applied in 109 of ETSU-R-97, shall be reported. the measured noise level as determined from the accordance with Note 3) to the derived wind farm (c) For each of the 2 minute samples the tone level best fit curve described in Guidance Note 2 and the noise Ll at that integer wind speed. penalty for tonal noise as derived in accordance with above or below audibility shall be calculated by (h) If the rating level after adjustment for Guidance Note 3 at each integer wind speed within comparison with the audibility criterion given in background noise contribution and adjustment for the range specified by the Local Planning Authority in Section 2.1 on pages 104109 of ETSU-R-97. tonal penalty (if required in accordance with note 3 its written protocol under paragraph (d) of the noise (d) The tone level above audibility shall be plotted above) at any integer wind speed lies at or below the condition. against wind speed for each of the 2 minute values set out in the Tables attached to the samples. Samples for which the tones were below (b) If no tonal penalty is to be applied then the rating conditions or at or below the noise limIts approved the audibility criterion or no tone was identified, a level of the turbine noise at each wind speed is equal by the Local Planning Authority for a complainant's value of zero audibility shall be used. to the measured noise level as determined from the dwelling in accordance with paragraph (e) of the best fit curve described in Guidance Note 2. . (e) A least squares "best fit" linear regression line noise condition then no further action is necessary. If shall then be performed to establish the average (c) In the event that the rating level is above the the rating level at any integer wind speed exceeds tone level above audibility for each integer wind limit(s) set out in the Tables attached to the noise the values set out in the Tables attached to the conditions or the noise limits for a complainant's Page 31 of 32 Enplan UK Limited DRAFT LLAITHDDU CONDITIONS Thursday, April 05, 2018 conditions or the noise limits approved by the Local Planning Authority for a complainant's dwelling in accordance with paragraph (e) of the noise condition then the development fails to comply with the conditions.</p><p>Page 32 of 32</p>