Fferm Wynt Coedwig Clocaenog

Mae’r rhestr isod yn cynnwys cofnod o’r cyngor rydym wedi’i roi ar gyfer y prosiect hwn. I weld rhestr o’r holl gyngor a roddwyd gan yr Arolygiaeth Gynllunio, gan gynnwys cyngor nad yw’n gysylltiedig â’r prosiect, ewch i’r Gofrestr cyngor.

Mae dyletswydd statudol, o dan adran 51 Deddf Cynllunio 2008, i gofnodi’r cyngor a roddir mewn perthynas â chais neu ddarpar gais, gan gynnwys enw’r sawl a ofynnodd am y cyngor, a sicrhau bod hyn ar gael i’r cyhoedd.

Enquiry received via email
response has attachments
We are extremely concerned to note Section 4.12 in Giles Scott?s letter to Martin Cole, RWE, that the impact of the windfarm on the 3 closest properties would interfere with the occupants rights to a private and family life and would contravene Article 8 of the Human Rights Act.

As one of the closest properties, I would be grateful if you could confirm which properties are referred to here, and what mitigating actions are recommended, and what course of action we have to challenge the decision.
Paragraph 4.12 of the Secretary of State?s Decision refers to three of the four properties in close proximity to the development that were addressed in detail by the Examining Authority (ExA) in its report ( [attachment 1]. Post Decision Information/Decision/Examining Authority?s report to the Secretary of State.pdf ? see paragraphs 4.217 ? 4.237).

In regard to mitigation; paragraph 4.13 of the Secretary of State?s Decision states that he agrees with the ExA?s view, stated in paragraph 8.44 of the its report, that following appropriate consideration during examination of the proposed development, it is not possible to mitigate the impacts of the wind farm on the three properties in question because it is not likely that such mitigation would be effective. Furthermore, the ExA also explains in paragraph 4.208 that the impact on properties in close proximity to the development would fall to be weighed in the balance with the wider public benefits which the development is designed to achieve, advising that the visual impacts on residential amenity should be accepted in the light of the TAN 8 SSA policy ([attachment 2]).

There is no right of appeal on a decision under the Planning Act 2008 regime. There is however a 6 week period for judicial review, which began on the day the day the decision was published. Please refer to section 118 of the Planning Act 2008 ([attachment 3]) and seek legal advice if you are considering making an application for a judicial review. Please contact the Administrative Court Office for further information on 0207 947 6655 or follow this link:
[attachment 4].

Ifor Jones
Enquiry received via email
response has attachments
Will the inspector publish her report when it is submitted to the Secretary of State?
At the close of the recommendation stage of the Planning Act 2008 (as amended) process the Examining Authority's report will be issued to the relevant Secretary of State only. In this instance the relevant Secretary of State is the Department of Energy and Climate Change.

As the Examining Authority?s examination of the application came to a close on 12 March 2014, the Examining Authority?s recommendation report is due to be submitted to the relevant Secretary of State on 12 June 2014. The Secretary of State then has a further 3 months to make the decision on whether to grant or refuse development consent.

The Secretary of State can either grant development consent, grant development consent with conditions (known as requirements), or refuse development consent. If the decision is to grant development consent, there is a six week period for legal challenge, which runs from the date of the publication of the Order (or the statement of reasons if published later). If the decision is to refuse to make the Order, then the six week period for legal challenge runs from the date of publication of the statement
of reasons.

All interested parties will automatically be notified of the Secretary of State?s decision. At that stage you will be able to view the decision and reasons given for making it, and the Inspector?s recommendation, on the National Infrastructure pages of the Planning Portal website:
[attachment 1]

Ian Gardner
Enquiry received via email
Would it not be a good idea to post summaries of oral statements as soon as they are received? If you wait until 13 Feb, there will only be a 7 day window for people to comment on them, until 20 Feb.
The Planning Inspectorate only publish submissions for a timetabled deadline once that deadline has elapsed. This is to ensure that all the submissions are given an equal amount of time to be responded to by interested parties.

Therefore, all submitted written summaries of cases put orally at hearings will be made available on the National Infrastructure pages of the Planning Portal website as soon as practically possible following the close of the deadline on 13 February 2014.

Michael Skuse
Enquiry received via email
response has attachments
Query regarding withdrawal of status as interested party
The fundamental principle of the Planning Act 2008 regime is that it is frontloaded, having already assessed alternatives during pre-application. In the pre-application stage, under section 47 of the Planning Act 2008 (the PA2008), the developer is statutorily required to consult the local community in adherence with a published Statement of Community Consultation (SoCC). Prior to publishing, relevant local authorities are consulted with regards to what the SoCC should contain. The developer must then consult the local community in line with the published SoCC. This consultation period is the ideal time to influence the chosen site for the development as the developer is statutorily required to take account of any response to formal consultation.

In general terms, if the developer chooses not to accept the suggestions of alternative sites at the pre-application stage, then it is their risk to take in terms of this potentially leading to objections from an interested party to the chosen sites at the examination, when it is highly unlikely to be possible to make changes of the type you have described.

The Examining Authority (ExA) can only consider the application as submitted and as assessed in the Environmental Statement. Post submission changes to the application can be considered, however the ability to accept them is limited. The consideration of the extent to which the ExA can consider post submission changes is a matter of legal interpretation as to their materiality, whether they have been environmentally assessed and considerations of natural justice in terms of those who may be affected by the consideration of alternatives.

Please see advice issued by the Planning Inspectorate to a similar query here: [attachment 1];ipcadvice=c2a33f7eb1

If pursuant to reading this advice you remain of the opinion that you no longer wish to be an interested party, please provide confirmation in response to this email. Under s102(1ZA) of the PA2008, I will then confirm your request to the ExA and your details will be removed from our distribution list.

Tim Sims
Enquiry received via post
response has attachments
Ms. Williams, on behalf of Cyngor Cymuned Gwyddelwern, requested clarification on who to address to apply for community funding.
In the first instance I would draw your attention to Chapter 14 of the environmental statement (ES) submitted to the Inspectorate by the applicant, RWE npower renewables Ltd, on 28 March 2013. The ES is available to view on the National Infrastructure pages of the Planning Portal website via the following link: [attachment 1];stage=app&filter=Environmental+Statement. Hard copies of the application (including the ES), along with submissions to the Inspectorate?s examination of the proposal, are also available at the locations detailed in Annex A of this letter.

Chapter 14 of the ES provides an assessment by the applicant of the potential social and economic impacts associated with the project. In relation to your enquiry, section of that chapter sets out the applicant?s planned provision of an annual community benefit contribution throughout the operational life of the wind farm. This fund is proposed by the applicant in line with the expectations set out in Annex B of Welsh Government?s ?Technical Advice Note 8: Planning for Renewable Energy? (TAN 8).

Mechanisms for negotiating and distributing community funding of this nature take place outside of the planning process. Chapter 14 of the ES states that at the point of application to the Planning Inspectorate, the specification or remit of the funding package had not yet been set out. It asserts however that it will be developed in consultation with ?relevant local organisations? as, if development consent is granted by the Secretary of State for Energy and Climate Change, the wind farm moves closer to operation.

It is therefore most appropriate for you to contact the applicant?s Community Liaison Officer (Tel. 01639816180 email. [email protected]) in connection with any enquiries in relation to the fund. Chapter 14 of the ES also asserts that a Community Liaison Group has been established (website here: [attachment 2]) that will be involved with the process of distribution of the community benefits package to ensure equity. It may also be prudent to contact the relevant local authorities (Denbighshire County Council and Conwy County Borough Council) which are likely to have been contacted by the applicant in relation to regulating the fund.

Cyngor Cymuned Gwyddelwern - Carys Williams
Enquiry received via email
1) Is 2nd Dec the deadline for notifying intention to attend or speak at the Open Floor Hearing? If not, is there another deadline for notifying such intention?
2) Will the Open Floor Hearing permit anyone to attend and speak, or is attendance or making oral input restricted to Registered Interested Parties?
3) Will it be advertised in local press?
Agendas for hearings will be published on the Clocaenog website as soon as practicable. I draw your attention to the DCLG document ?Planning Act 2008: Guidance for the examination of applications for development consent?. Under section 94 of the Planning Act 2008, it is for the Examining Authority to determine how hearings are to be conducted and Interested Parties will be given at least 21 days? notice of the date, time and place fixed for the holding of the hearing as well as the subject matter for the hearing (para 77, 86). The hearing items to be examined will be decided by the Examining Authority at its discretion. Moreover, as DCLG guidance states:

'[?] the applicant is required to publish a notice of the hearing in one or more local newspapers circulating in the locality in which the land in question is situated. Secondly, the applicant is required to post a notice of the hearing in places near to the location of the proposed development, and, where within the control of the applicant, post a notice of the hearing on the land itself so as to be visible and legible to members of the public. The published or posted notices must state the place, date and time of the hearing; the relevant section of the Planning Act under which the application has been made; sufficient description of the proposals in the application to identify their location with or without reference to a specified map; and details of a place where a copy of the application and relevant documents can be inspected (para 78, 79).'

As stated in the Examining Authority?s letter, interested parties wishing to attend and speak at an open-floor or issue-specific hearing are required to notify the case team by the deadline of 2 December 2013. Again, it is at the discretion of the Examining Authority to allow any other person who is not an interested party to make an oral representation at a hearing. Meetings are held in public but to ensure that we can plan for this properly we ask that everyone who wants to attend each session tells us in advance by contacting the case team. If the venue has limited capacity, the Planning Inspectorate may need to offer interested parties a seat ahead of other members of the general public.

Ian Sims
Enquiry received via email
response has attachments
Query rergarding how the Examining Authority is proposing to differentiate between Relevant Representations that are made by parties who have financial ties to the developer and others

Please see attachment
Anyone is entitled to register as an interested party by completing the Planning Inspectorate Registration and Relevant Representation form. There are statutory requirements about the information that must be provided on the prescribed form for the representation to be considered ?valid?. These requirements are set out in section 102(4) of the Planning Act 2008 (as amended) and associated Regulations. These also include the details of any organisation or person represented by an agent. There are no provisions under legislation that prohibits persons associated or employed by the applicant from making a relevant representation. It is important to note, however, that the applicant is automatically registered as an interested party under section 102.

Relevant representations are used by the Examining Authority to help identify the initial principal issues for examination. Interested parties are then able to submit further representations in accordance with the examination procedures. From the information provided in the relevant representation form and subsequent representations made, the Examining Authority assesses the nature of the representation and its relevance to the examination. If there are issues regarding the relationship of an interested party with the applicant, in terms of contracts or financial matters that may have a bearing on the examination, it will be for the Examining Authority to decide their importance and whether to ask questions in order to clarify points or to seek further information. The Examining Authority may reject any material that is considered vexatious or frivolous.

Ian Gardner
Enquiry received via email
I was advised that the best way to ensure an Open Floor Hearing is for someone to request one,
before doing so, I wonder if you could let me know a little more about how the hearing would be conducted.
This response was given over the phone.

Examining Authorities (ExA) will include a deadline in Examination timetables for interested parties to request to speak at any open floor hearing(s) (OFH). If at least one request is received on or before that deadline, an ExA must hold an OFH as part of its Examination. Although OFHs are held in public and anybody is able to attend; only interested parties may request to give oral representations. These should be based on 'relevant representations' or written representations already submitted. Any request to make oral representations from persons without interested party status would be at the discretion of the ExA.

ExAs must issue a notification no less than 21 days before an OFH is held confirming the date, time and place of the hearing. This notification is generally issued as soon as practicable after the close of the deadline for requests to speak. Applicants are also required to publicise hearings; which comprises publishing a notice in local press.

There is generally no agenda for OFHs. Interested parties who have requested to speak will be allocated a time slot to give oral evidence for a limited period. During this time, only the ExA will be able to ask questions to the person speaking. Oral representations should be based on previous written submissions, but should avoid repeating its content. The ExA will not wish to hear evidence already provided in writing.

ExAs may ask applicants to respond to any oral representations at the end of the hearing; or by written responses following the close of the hearing. Applicants, or other parties, will generally not be permitted to cross-examine speakers on their oral representations.

Please note that ExAs have the discretion to close hearings once all confirmed speakers present have given their oral representations. It is therefore recommended for attendees to arrive promptly and prepared for the start of the hearing.

Michael Skuse
Enquiry received via email
response has attachments
1. Some of us are finding difficulty in downloading the Applicant's Representations, because of the massive file sizes. The total MB submitted by RWE nPower is 2,288MB, spread unevenly over 18 files. Can something be done to enable people to view these new documents please?
2. The deadline for receipt by ExA of comments on Written Representations is 14 Nov. Does this mean that we may comment on our own representations, by, for example, expanding certain arguments, or introducing new ones? And does it mean that we may comment on other peoples representations, either in support or to present counter arguments?
Firstly, I am sorry to hear that you and some of your community have been experiencing difficulty viewing the Applicants submissions for the deadline of 21 October 2013. This is down to the sheer size of the submitted material, in particular the reference documentation that was included. Please be aware that all the Examination documents are kept in paper form at five deposit locations close to the development site for public viewing:
Conwy Planning Office, Planning Services, Conwy County Borough Council, Civic Offices, Colwyn Bay, Conwy, LL29 8AR
Denbigh Planning Office, Development Control, Caledfryn, Smithfield Road, Denbigh, LL16 3RU
Denbigh Library, Hall Square, Denbigh, LL16 3NU
Ruthin Library, Record Street, Ruthin, LL15 1DS
Llanrwst Library, Station Road, Llanrwst, LL26 0DF
Please reference appendix F of the rule 8 letter for opening times: [attachment 1]. The Planning Inspectorate are in the process of upgrading and improving the project websites in order for interested parties to be able to navigate the documents more easily in the future.
With regards to your query regarding comments, please see the list we are able to accept for the next deadline of 14 November 2013:
Comments on Written Representations
Responses to comments on Relevant Representations
Comments on Local Impact Reports
Comments on responses to the ExA's first round of written questions
Comments on Statements of Common Ground
You can submit any of the comments above, including comments on submissions from yourself, and can expand on previous arguments, support or present counter arguments if you wish. Please quote the reference number and submission you wish to comment on at the beginning of any comments submitted.

Michael Skuse
Enquiry received via email
a) When Mrs Burden ( the single inspector) has prepared her report to send to the Secretary of State will this report contain her recommendations to the Secretary of state as to what action should be taken on RWE's application or will it be merely statements of fact arising from her investigations ?

b) If the the report does contain recommendations will this take the form of either approval or rejection of the plan in total or can she recommend partial acceptance e.g variations in numbers , siting or size of the turbines ?

c) When the Secretary of State makes his final decision on the application will he have have the same options of total acceptance or rejection or partial acceptance of the application ?
Firstly I would like to draw your attention to wording set out in Item 7 of the Rule 8 letter issued by The Planning Inspectorate on 23 September 2013 which provided a response to your query at the Preliminary Meeting. This stated that:

Mr Tilby raised a query concerning changes to the scheme in terms of whether the Examining Authority (ExA) would have the power to recommend to the Secretary of State for Energy and Climate Change (DECC) that the Applicant should remove/reduce the number of turbines. In answer to that query, an ExA does not have the power to substitute an alternative proposal for the application proposal and recommend that alternative proposal to DECC even if the alternative, on the face of it, may appear to be more acceptable or give rise to fewer objections.

Therefore in direct response to your queries outlined in your email below the following is advised:

a) As set out in Section 83 (2) of the Planning Act 2008, the person appointed to examine and report on the application (in this instance Mrs Wendy Burden) will make a report to the Secretary of State on the application setting out (i) Mrs Burden's findings and conclusions in respect of the application, and (ii) Mrs Burden's recommendation as to the decision to be made on the application.

b) As advised in the Rule 8 letter, and as set out above, an Examining Authority does not have the power to substitute an alternative proposal for the application proposal and recommend that alternative proposal to the Secretary of State even if the alternative, on the face of it, may appear to be more acceptable or give rise to fewer objections. An Examining Authority has a duty to consider the application as made. An applicant may however propose a change to an application which has already been accepted for examination. If that were to happen, the ExA would need to decide whether or not the proposed change was a material one, resulting in a substantially different project than that which was proposed in the original application. If the ExA decided that it was material, the applicant would then have to decide whether to continue with the original application or withdraw the application and start again with a new one.

c) Section 114 of the Planning Act 2008 states that when the Secretary of State has decided an application for an order granting development consent, the SoS must either (a) make an order granting development consent, or (b) refuse development consent. With regard to any proposed changes,the position is the same as in answer b) above. DCLG Guidance on the Examination of Applications states that "When an applicant submits a proposed change to a proposal, The Secretary of State will need to decide on the materiality of the change and whether it is of such a degree that it constitutes a new project or whether it can still be considered under the existing application. If the Secretary of State decides that the change is such that it would result in a materially different project, the applicant will then have to decide whether to withdraw the existing application and restart the pre-application process or whether to continue with the application in its original form" (paragraph 106).

In both cases if any proposed changes were considered to be non-material ones, then the ExA or the SoS would need to consider whether those affected by the proposed change have had, or will have, an opportunity to be consulted.

Mitigation proposals may be put forward by the applicant or third parties as proposed changes. The decision maker must have regard, under s104 of the 2008 Act, to National Policy Statements and section 4.4 of EN - 1 and section 2.7 of EN - 4 deal, in particular, with mitigation issues.

Brynbach Ltd - RP Tilby
Enquiry received via email
response has attachments
Will there be an opportunity at the next meeting, 7th November 2013, for questions relating to the development, or on matters heard at this meeting?
The Issue Specific Hearing scheduled for 7 November 2013 is to consider only the drafting aspects of the draft Development Consent Order (DCO) document; this hearing is not to consider the underlying issues arising from the application or the representations which have been made about them. Therefore, the hearing will be of interest mainly to those organisations who have a direct contribution to the drafting of the Order, and its implementation should it be granted. As with all hearings, the Issue specific Hearing on the draft DCO will be open for anyone to attend.

Please note there are other Issue Specific Hearings included in the Examination timetable on Policy, Environment and Mitigation and Requirements: [attachment 1]; there may be more scope to raise any questions you have at these hearings. An Open Floor Hearing has also been scheduled which will give everybody the opportunity to speak for a limited time. This may be the most appropriate hearing to attend if you wish to submit an oral representation following previously submitted representations.

Sheila Harman
Enquiry received via email
I wrote to you with a written submission about the proposal to fell the Clocaenog forest and erect wind turbines there. I am advised by the planning inspectorate that my written submission was received and is considered acceptable. However, the lengthy document sent to me on 23rd September detailing the actions and enquiries to be made, makes no mention whatsoever of my concern.

I would be grateful if you could confirm that my submission is not to be ignored but to be taken seriously.
Thank you for submitting your 'Relevant Representation' as part of your registration to become an interested party. The Examining Authority (ExA) has read all the Relevant Representations and any concerns you have submitted in your representation have been included in its examination.

The 'Rule 8' letter you recently received dated 23 September 2013 included the ExA's first round of written questions. The ExA's examination is an inquisitorial process where questions are asked to request further information that have risen from its examination of the submitted application documents and representations. If your concerns are not included in these written questions, it does not necesarily mean that they have not been considered as part of its examination.

I recommend submitting a 'Written Representation', which can expand your concerns included in your Relevant Representation, and should be emailed though to the project email address: [email protected] or posted for the attention of Iwan Davies - Case Leader, for the deadline of 21 October 2013. Unlike your Relevant Representation, which was submitted on a prescibed form, your Written Representation can be submitted in either email or paper form and can include any evidence you wish to submit with your representation.

Wendy Charles-Warner
Enquiry received via phone
Can I submit a community petition to the Examining Authority (ExA) as evidence and what is the best way to submit it?

Can I suggest viewpoints for the ExA's unattended site visits?

Please can I request attendance to the Accompanied Site Visit (ASV)?
If you have registered to be an interested party for the application you will have the opportunity to submit Written Representations once the Examination has formally opened; this is the ideal time to submit your petition as it can be attached as an appendix. Unlike Relevant Representations, which need to be submitted on the prescibed form, Written Representations can be submitted electronically or in paper form and can include additional evidence to strengthen the submission. You can include suggested viewpoints for the ExA's unaccompanied site visits as part of your Written Representation.

If you wish to submit your Written Representation electronically please email it to the project mailbox: [email protected] before the deadline for Written Representations closes on 21 October 2013. You can also use this email address to confirm your wish to attend the Accompanied Site Visits (ASV) by emailing before the deadline of 3 October 2013 and advising what time/days you wish to attend.

Robert Wynne
Enquiry received via phone
What is the correct process to respond to the Examining Authorities written questions? Which questions should be responded to?
The Examining Authority (ExA) has issued its first round of questions following the consideration of the application documents and submitted Relevant Representations. The questions are addressed to the Applicant as well as specific organisations and interested parties, although anyone has the opportunity to respond to them. If there are questions addressed to your organanisation, a responce would be appreciated to give the ExA the information they require.

Your response should be sent to the project mailbox: clocaenogwindfa[email protected] by the deadline of 21 October 2013.

North Wales Fire and Rescue - Bob Mason
Enquiry received via email
response has attachments
In order to evaluate the noise section of the ES I need access to key data that are cited but not presented in the ES.

The four references are cited on the bottom of page 46 of this PDF:
[attachment 1]

They are:

(1) Enercon, 2006. ?Sound Power Level E-70 E4 2.3MW?. Dated 17/02/06. Reference: SA-04-SPL Guarantee E-70 2,3MWRev1_
(2) Nordex, 2010. ?Noise Levels Nordex N80/2500?. Dated 19/04/2010. Doc. No. : F008_158_A03_EN.
(3) Ingenieurbüro für Akustik Busch Gmbh, 2009. ?Schallemissionen der Windenergieanlage Nr. 781960 vom Typ Enercon
E-70/E4 im Windpark Bordelum, Betriebmodus II mit 2.300 kW Nennleistung.? Dated 22/06/09.
(4) Nordex, 2010. ?Technical Report. Octave sound power levels. Nordex N80/2500.? Dated 26/04/10. Doc. No.:

I would prefer that the data were obtained directly from the originators - Enercon and Nordex- rather than from the developers RWE or their consultants/agents.
The Planning Inspectorate have not been supplied with copies of the documents you have requested. These documents have only been cited and therefore have not been submitted as part of the Applicant's set of documents.

The Applicant have submitted all documents which were included as hyperlinks in their application documents, as per the Examining Authority's (ExA) request during the Preliminary Meeting on 12 September 2013. The documents you wish to view were not included as hyperlinks and therefore have not been requested by the ExA.

Please contact the Applicant directly on [email protected] or 01639816180 to request these documents.

Peter Cobbold
Enquiry received via email
I note that the list of participants at the Preliminary Hearing seems less than those in the room,I therefore presume only those who participated by making representation on the day are included?

Would it be possible to show as a matter for public record how many people attended the meeting?
The Planning Inspectorate does not publish an exhaustive list of attendees for examination events. The meeting note that was appended to the Clocaenog Forest Wind Farm Rule 8 letter is not a full transcript of the Preliminary Meeting and the list of precipitants is not a complete record of who attended. As you have stated below, it is a list of the people who introduced themselves or made oral representations during the meeting.

At examination events the case team will make a record of the individuals who attended. These details are kept by the Inspectorate for reference purposes only, and are not published. There is no statutory requirement placed upon the Inspectorate to publish an exhaustive list attendees. I am however able to confirm to you that approximately 70 persons were in attendance at the Clocaenog Preliminary Meeting.

Sheila Harman
Enquiry received via email
response has attachments
Request to register retrospectively and to attend the Preliminary Meeting
Even though you have not registered as an interested party for the application, you are still eligible to attend the preliminary meeting. However, please note that the venue has a limited capacity and therefore precedence will be given to registered interest parties in the event that more people wish to attend than can be accommodated.

The deadline to register as an interested party (IP) for the Clocaenog Forest Onshore Wind Farm application passed on 12 June 2013. Unfortunately we now have no discretion to register you retrospectively. You may attend any public hearings that are held during the Examination, but again precedence will be given registered IPs if space is limited.
The arrangements of all the public hearings and meetings will published on the Clocaenog project webpage, at the following link: [attachment 1]. I recommend keeping up to date with the application by checking the project webpage regularly

Mervyn Wynne
Enquiry received via email
response has attachments
I unfortunately missed the date to register interest in the Clocaenog wind farm, is this something I can do retrospectively?
The deadline to register as an interested party for the Clocaenog Forest Wind Farm application passed on 12 June 2013. Unfortunately we now have no discretion to register you retrospectively.

You may attend the Preliminary Meeting if you wish, as well as any other public hearings that may be held during the Examination.
The arrangements of all the public hearings and meetings will be published on the Clocaenog project webpage in due course, at the following link:

[attachment 1]

I recommend keeping up to date with the application by checking the project webpage above. We will publish the Examination timetable with the deadlines set by the ExA, as well as all submitted representations and documents during the Examination. If you were to submit a representation during the Examination period, the Examining Authority (ExA) would have the discretion to accept it and take it into consideration.

Laura Savage
Enquiry received via email
Response to an interested party submitting an additional submission after the Relevant Representation period closed on 12 June 2013
The registration period closed on 12 June 2013 and we are therefore unable to accept your additional submission. The project is currently in the 'pre-examination' stage but once it moves into Examination, you will have the opportunity to submit this representation as your Written Representation.

As an Interested Party, you will receive a procedural decision known as the 'Rule 4 and 6' letter inviting you to attend the Preliminary Meeting, confirming the appointment of the Examining Authority (ExA) and the ExA's initial assessment of principal issues. A copy of the ExA's draft timetable will be included as an appendix which will advise you when the Written Representations period is. I suggest this is the appropriate time for re-submitting your representation.

For further information regarding the Examination period, please view the following external guidance supplied by the Planning Inspectorate: Advice note 8.5: Participating in the examination.

We will keep your email on file but at this stage it will not be considered by the ExA.

Ian Sims
Enquiry received via email
response has attachments
We would like to register our support for the above scheme and request whether you would be able to keep us informed of any future updates.
The registration period for the Clocaenog Forest Wind Farm application closes at 23.59 on Wednesday 12 June, therefore you currently still have time to register by following the link below and completing the online form:
[attachment 1]
Please could you include a valid representation when you complete the form (section 3) which clearly states whether you support or oppose the application, and include what you feel the primary issues are and how they may affect you.
For further guidance on submitting a Relevant Representation please view our external advice note 8.3 - How to register and become an interested party in an application - [attachment 2].
You can also call the Planning Inspectorate on 0303 444 5000 to request a paper copy of the registration form, but there is a possibility that you will not receive the form until after the registration period closes. In this instance I recommend completing the online form on the link above to guarantee registration before the period closes.

Hywel Jones
Enquiry received via phone
response has attachments
Mr. Walters had a query re registering as an interested party for the proposed Clocaenog Wind Farm project.
Just a follow up email regarding Denbighshire Co Co registering as an Interested Party.

To assist you in doing this, I recommend that you register online by clicking on the 'Register Online' tab and filling in the Registration and Relevant Representation electronic form on the project webpage here:
[attachment 1]

Neil Walters
Enquiry received via phone
response has attachments
Mr. Walters inquired about the possible date of the preliminary meeting for the proposed Clocaenog Forest Wind Farm Project
Following our phone conversation this afternoon and your query regarding the possible date of the preliminary meeting for the Clocaenog Forest Wind Farm proposal it is likely that it will take place sometime in August.

There is not a specified timetable for when the preliminary meeting will take place, however new guidance issued by CLG last month states that it is the expected that in most cases that it should take place within a period of six weeks to two months from receipt of relevant representations. See here for link to CLG guidance - refer to paragraph 39 - 44 for information on preliminary meeting.
[attachment 1]

In Clocaenog's case, this would mean that the preliminary meeting could be expected to take place mid to late August.

You will be given at least 21 days' notice of this preliminary meeting.

Denbighshire Co Co - Neil Walters
Enquiry received via post
response has attachments
Would you please advise me as to what would be the appropiate time to be involved in the planning process and who informs me of the correct time to contact you with issues and concerns I may have regarding the project.
The proposed Clocaenog Forest Wind Farm project is currently in the Acceptance stage following the developer, RWE npower renewables, submitting an application for a Development Consent Order on 28 March 2013. The Planning Inspectorate has untill 25 April 2013 to decide whether or not to accept the application and allow the project to progress to Examination.

If the application is accepted, the developer is statutorily required to serve notice that the application has been accepted by the Planning Inspectorate in a publicly accessible place along with publishing the notice in the local newpaper(s). This notice will also include information advising the public when and how they can register as an ?Interested Party?. The Registration period, which will run for a minimum of 28 days, is the correct time for members of the public to register as an Interested Party and to outline any issues or concerns they may have regarding the scheme in their ?Relevant Representation?. Please note that only Relevant Representations submitted on the prescribed form will be accepted during this period.

Once the Registration period opens a paper copy of the Registration form can be requested from the Planning Inspectorate?s customer service number. Alternatively, if you have access to the internet, an electronic version of the form will be available to complete online -
[attachment 1].
The Clocaenog project page is regularly updated and will advise you when the Registration period formally opens as well giving you access to a complete set of the application documents and associated correspondence.

Once you have submitted a completed Registration form and Relevant Representation you will then become an Interested Party for the whole application process. As an Interested Party, you will receive constant updates regarding the application and will be invited to submit a ?Written Representation? in which you can expand, with evidence, any issues mentioned in your Relevant Representation. You will also be invited to any hearings or meetings held during the Examination.

Bryan Wilcox
Enquiry received via meeting
response has attachments
Clocaenog Forest Wind Farm Draft Documents Meeting.
Please see attachment.

RWE npower renewables
Enquiry received via phone
Please could you explain to me how the process works and when to register as an interested party?
As discussed over the phone Clocaenog Forest Wind Farm is currently at the pre-application stage of the process therefore the application has not yet been formally submitted to the Planning Inspectorate.

As you aware the proposed Clocaenog Forest Wind Farm is centred on Clocaenog Forest, in the counties of Denbighshire and Conwy. The RWE (the applicant) proposes to build up to 32 turbines (each with a maximum tip height of 145m) with the maximum installed capacity of 96MW (32 x 3MW).

During the pre-application stage, as mentioned in our phone conversation the applicant is your first point of contact. Responding to the developer?s pre-application consultation is the best approach to influence a project, whether you agree with it, disagree with it, or believe it could be improved. I would therefore encourage you to ensure that RWE is aware of your concerns.

Once the application has been formally submitted, the Planning Inspectorate follows a period of up to 28 days to consider whether or not the application meets the standards required to be formally accepted for examination.

If the application is accepted the applicant is required to publicise this decision and also notify certain bodies of this decision. This notice and publicity will include information on when to make a relevant representation and as a result, become an interested party.

Interested parties then will be able to take a part in the examination of the application including attending the Preliminary Meeting and hearings. The purpose of the relevant representation is also to make a brief summary of what you agree/or disagree with in the application and what you consider the main issues to be. Registration enables you to provide more detailed evidence about matters you raised in your relevant representation, by making a written representation later on in the process.

Written representation can be made during the examination stage. The examination stage starts on the day of the Preliminary meeting, however the statutory 6 months period for examination starts the day after the Preliminary Meeting and must be completed within that period as prescribed under section 98 of the PA 2008 (as amended).

Once the examination is completed the Examining Authority has a duty to make its report with recommendations to the Secretary of State within a period of 3 months starting from the day that examination been completed as prescribed under section 98(3) of the PA 2008 (as amended). The relevant Secretary of State then has a function of making a final decision on the application by the end of the period of 3 months that begins with the end of the day on which the SoS receives a report on the application (section 107(1) of the PA 2008 as amended).

This is a brief explanation of how the process works. I am also enclosing our advice notes that set out the process by which proposals (under the Planning Act 2008) would be determined; in particular Advice Notes 8.1 ? 8.5 outline how the process works and the opportunities to be involved.

Please do contact me if you have any further questions.

Clocaenog Forest Wind Farm - Mr Clive Owen
Enquiry received via phone
I wish to comment on the Clocaenog Wind Farm proposal. When can I register?
Clocaenog Wind farm is still at the pre-application stage and has not been formally submitted to The Planning Inspectorate. Until an application is formally made to us, the project promoter (RWE npower renewables) is your first point of contact for any comments you have on the proposal.
Should an application be made to the Planning Inspectorate, the promoter will be required to explain how it has taken account of comments received during this consultation.
Should the Planning Inspectorate then accept the application to proceed to an examination, there will be an opportunity for people to register with the Planning Inspectorate to have their say. The applicant must provide notification of the time period within which people can register. Advice Notes 8.1 to 8.5 (in particular 8.3) outline the process and explain how and when people can be involved.

Susan Brown
Enquiry received via email
response has attachments
Denbighshire County Council (DCC) wrote to request advice on the scope of the draft DCO for the proposed Clocaenog wind farm.
Associated development for NSIP DCO applications in Wales

PINS1 ? The definition in the Planning Act 2008 of "associated development" as it applies to development in Wales is very limited. It only applies where the development is associated with underground gas storage facilities. Development in Wales which is not an NSIP and which falls outside of the definition of associated development (s.115 (1) (2) (4) of the 2008 Act) would require planning permission from the local planning authority (LPA) in the usual way. PINS has previously responded to a request for advice from RWE on a similar point in which it repeated the above; but also explained that, it would be for an applicant to demonstrate that what is in a submitted DCO was an integral part of the proposal.

Whether a requirement in the draft DCO can require the implementation of off-site works such as those in a traffic management plan.

PINS2 ? Requirements can be included in a DCO if they are in connection with the development for which consent is granted (PA 2008 s.120). In Wales this will be the NSIP only unless it is associated development (see above). Requirements can cover matters within the site boundary (order limits) e.g. limiting construction times. Grampian style requirements can be included in the DCO to cover offsite works. The draft DCOs on the Brechfa Examination web pages in the hearings sections (link lower down) has examples of how such requirements can be drafted. There is also a similar example in the draft versions of Hinkley DCO which are also on the Hinkley examination website.
The Welsh Government submission to the Brechfa Examination has addressed this point. The Brechfa Examination and the latest version of the draft DCO at the close of that examination may provide the latest position on this matter.

Whether the draft DCO can require an entire habitat management plan is implemented or whether off-site measures also need to be subject to a S106.

PINS3 ? If the measures are dealt with by requirements which are in connection with the NSIP then they can be included within a DCO. There is also an issue about how the developer will gain access to the land to implement and secure the measures. The Examining Authority (ExA) will want to ensure that any mitigation measures are secured (whether temporarily or permanently depending on the nature of the measures). Grampian style requirements can ensure that any offsite measures (via a scheme) are approved by the LPA. The LPA will have an opportunity to input in to the wording of the requirement during the examination and the applicant should formally and where possible informally consult the LPA during the pre-application stage on such provisions. See Brechfa draft DCO on NI website page.
This matter was discussed at the Brechfa Examination. Again, this may be covered in the most recent version of the draft DCO for Brechfa.

What happens if a local authority and an applicant are unable to agree a proposed draft S106 deed? What provisions are there to ensure an ExA and the SoS can be satisfied that off-site mitigation measures can be addressed?

PINS4 ? A S106 signed by both parties is generally the best option where possible. Failing that the applicant may submit a unilateral undertaking with proposed mitigation measures. However, this could be less desirable from a LPA?s perspective.

Draft DCO provisions for decommissioning. Whether a bond can be used to secure decommissioning

PINS5 ? The Brechfa draft DCO has an example of a decommissioning requirement. In principle, there doesn't seem to be any reason why a bond could not be required if appropriate. This was discussed at the DCO hearing for the Brechfa application. Link to the Brechfa DCO hearing page: [attachment 1]
The DCO hearing was the last Issue Specific Hearing on 12 July 2012.

Whether the S106 can be used to secure a community compensation fund to compensate businesses that are disrupted during the construction period (e.g. local shops that experience a reduction in trade as a result of road closures / diversions during the construction phase)

PIN6 ? Neither articles or requirements in a DCO can require the payment of money. A S106 agreement can, but it would have to meet the legal tests in the CIL Regulations. A local authority would need to take its own legal advice on whether what it is proposing meets those tests. The payment of compensation is a matter that can be included within a DCO as an ancillary matter (PA 2008 s.120(3) and Schedule 5) but whether it would be appropriate to include such a provision to deal with such compensation would be a matter for a ExA and the relevant SoS in making a decision on an application. A similar matter was addressed at the Hinkley examination. The latest versions of the draft DCO for the Hinkley proposal may also provide some insight into this. The schedules and the annexes for the Hinkley S106 cover this matter. This is all currently available via links on the National Infrastructure Hinkley examination front page.

Enforcing an approved DCO
PINS7 ? The LPA is responsible for enforcement if the developer is in breach of any provisions in an approved DCO including the requirements (s.160 and s.161 of the 2008 Act).

Denbighshire County County - Denise Shaw
Enquiry received via email
response has attachments
Email enquiry requesting the IPC to supply technical information about the proposed wind farm at Clocaenog forest and answer questions on the scheme.
Thank you for your email received 1 October 2011 about the proposed wind farm at Clocaenog Forest.

The project is currently at the pre-application stage of the development consent process and I recommend that you contact RWE npower as promoter of the project as they are best placed to answer your questions. The developer has recently consulted on the draft environmental statement (ES) for the project ? this document may have the answers to some of the questions you have raised. I include RWE npower?s contact details, a link to their project page and a link to the draft ES for your reference.

Clocaenog Forest RWE npower renewables
Unit 22
Baglan Bay Innovation Centre
Central Avenue
Baglan Energy Park
Port Talbot
South Wales, SA12 7AX
T+44 (0)1639/81 61 80
Email: [email protected]

RWE npower project web pages: [attachment 1]

RWE npower project draft ES page: [attachment 2]

During pre-application, the promoter continues to refine the details of their scheme before submitting an application for a Development Consent Order to the Infrastructure Planning Commission (IPC). At this stage the promoter is also responsible for publicising the scheme and engaging with a range of stakeholders through consultation, subject to the Planning Act 2008 as well as secondary legislation and regulations. The IPC is unable under s.51 of the Planning Act 2008 to comment or give advice about the merits of any particular application, or proposed application. However, the IPC can advise on the process issues and you may find useful our Advice Note 8, which is a step-by-step guide to the planning process for nationally significant infrastructure projects and contains important information for interested persons. In addition, a meeting note for the Stakeholder Event held by the IPC at Cerrigydrudion School Hall on 6 July 2010 is also published on our website on the Clocaenog Forest Wind Farm project page:

[attachment 3]

If the application is submitted to the IPC, the Commission has a period of 28 days to decide whether or not to accept the application for Examination. If the application goes forward for Examination, there will be an opportunity for the public to register their interest in the project and make a ?Relevant Representation? to the IPC using the prescribed form. The period for making formal representations will be publicised on the IPC website and information about the application documents. Once registered, you can request an open floor hearing and also attend the Preliminary Meeting in which the Commissioner or Panel of Commissioners will set the timetable for examination.

I hope this information has been of some help. Please contact us via the details below if you have any further queries.

Harvey Moon
Enquiry received via email
response has attachments
CCW enquired whether the draft ES for the proposed project would be published on the IPC website, as well as statutory consultee responses to the draft ES.
The draft documents will not appear on the IPC website during pre-application as it is the responsibility of RWE npower renewables as developer to publish any consultation documents, including responses that they have received, for the public to view. The developer will provide such information on their website and at public venues. If the application is accepted for Examination, the application documents including consultation reports and responses will be published on the IPC website and at public venue(s) as the project progresses through the consenting process; and information about the documents will be updated on the IPC website accordingly. It is appropriate for members of the public at this stage to be referred to the developer?s website for further information (please see link below).

[attachment 1]

The role of the Commission during pre-application is more focused on liaising with the developer to discuss technical issues about draft application documents, but not the merits of a proposed application, and matters regarding consultation procedures under statutory regulations, guidance and ss42, 47, 48 and 49 of the Planning Act 2008. It is not until Acceptance, however, that the IPC will formally assess whether consultation as part of the application has followed the statutory regulations and procedures.

Countryside Council for Wales - David Hatcher
Enquiry received via email
Advice on pre-application process under the Planning Act 2008
You are required to comply with Section 46 of the Planning Act 2008 on or before, and Regulation 6 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the EIA Regulations) before, commencing consultation under Section 42 of the Planning Act 2008.

The manner in which the application must be publicised under Section 48 of the Planning Act 2008 is prescribed by Regulation 4 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009 (the APFP Regulations). For EIA development, you are also required to comply with Regulation 11 of the EIA Regulations at the same time as publicising under Section 48 of the Planning Act 2008.

RWE npower renewables - Tanya Davies
Enquiry received via meeting
response has attachments
To discuss consultation process for proposed windfarm at Clocaenog
See meeting note

David Jones MP
Enquiry received via meeting
response has attachments
Stakeholder event discussing the role of the Infrastructure Planning Commission and how stakeholders can get involved in the process
To view the meeting note click here: [attachment 1]

Clocaenog Forest Community Liaison Group