“RELEVANT REPRESENTATION ON BEHALF OF RHYL FLATS WIND FARM LIMITED 1. Rhyl Flats Wind Farm Limited (“RFWFL”) operate the Rhyl Flats wind farm (“RF”) to the south of the proposed Awel Y Mor wind farm (“AYM”). The location of RF can be seen on sheet 2 of the Works Plans. 2. RFWFL raise the following objections to the DCO based on the impact of AYM on the operation of RF:- 2.1 The Works Plans show that Work No.2 intrudes into the area of the sea bed which is leased by the Crown Estate Commissioners to RFWFL for the operation of RF. RFWFL had understood that the rights sought by the promoter for cable installation would avoid the area leased to RFWFL. This is Crown Land over which RFWFL have an exclusive lease. Without prejudice to the other points in this submission, the area within the RF Crown Estate lease should be excluded from the proposed development. 2.2 The work plans show that Work No.2 also intrudes into the 250m restriction zone around the perimeter of the areas leased by the Crown Estate Commissioners to RFWFL for the operation of RF. The restriction zone exists to ensure that other proposed developments do not adversely affect the operation of RF. The Crown Estate Commissioners have covenanted with RF not to grant any lease, licence or consent (other than where the lease requires that RF’s consent is obtained) for the construction of any works within the restriction zone. RF has not been approached to provide such consent, representing an impediment to delivery of the scheme. 2.3 Work No. 2 would permit construction activities in close proximity to the eastern-most RF turbine. Although AYM has indicated that best practice will be used during cable laying, this is not secured by the DCO. There are protective provisions in Part 1 of Schedule 9 for electricity undertakers but these do not apply to the offshore works. It is essential that the DCO provides protective provisions for the benefit of RFWFL. These require to include a mechanism for RFWFL approving the installation activities and the timing of the installation so as to avoid conflict with any maintenance activities which may be required on the RF turbines. An indemnity is also required for any impacts which are caused by the installation process. 2.4 The AYM turbines would lie to the north of the existing RF turbines. There is the potential for the AYM turbines to interfere with wind speed or wind direction and thus cause a reduction in energy output from the RF turbines. This requires to be assessed and mitigation proposed for any impact. 3. RFWFL would intend to engage with the Promoter with a view to reaching agreement on necessary changes to the DCO, including protective provisions and mitigation measures. However, pending resolution of such matters, development consent should not be granted.”