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Awel y Môr Offshore Wind Farm

Received 01 July 2022
From DLA Piper on behalf of North Hoyle Wind Farm limited


RELEVANT REPRESENTATION ON BEHALF OF NORTH HOYLE WIND FARM LIMITED 1. North Hoyle Wind Farm Limited (“NHWFL”) operate the North Hoyle wind farm (“NH”) to the south of the proposed Awel Y Mor wind farm (“AYM”). The location of NH can be seen on sheet 2 of the Works Plans. 2. NHWFL raise the following objections to the DCO based on the impact of AYM on the operation of NH- 2.1 The Works Plans shows that Work No.2 crosses the export cable of NH. Whilst an optioneering exercise was conducted in relation to the preferred cable route, there are alternative routes which would avoid the need to cross the North Hoyle cable. The Promoter has not satisfactorily explained why the two shortlisted cable routes (out of three) were rejected since at least one of these does not affect North Hoyle, whilst not affecting Constable Bank. 2.2 The installation of the export cable in terms of Work No.2 has the potential to impact adversely on the export cable for NH. The Promoter has acknowledged the need for a cable crossing agreement but no protective provisions have been included in the DCO to this effect. The DCO should not be made without such provision. 2.3 Work No.2 intrudes into the “Designated Area” for the NH export cable identified in the lease of the NH by the Crown Estate Commissioners to NH for the operation of NH. Within the Designated Area, there is provision in the Crown Estate lease which protects the position of NH. The Crown Estate Commissioners have covenanted with NH not to grant any lease, licence or consent (other than where the lease requires that NH’s consent is obtained) for the construction of any works within the restriction zone without NH’s consent (not to be unreasonably withheld). There is provision in the lease for the Crown Estate Commissioners giving consent for the laying of conduits in the Designated Area but this is subject to agreement with NH on protection for the NH export cable both in relation to the original installation and future inspection, maintenance, repair or renewal work. NH has not been approached to provide such consent. This represents an impediment to delivery of the scheme. 2.4 Protective provisions are required to ensure that the construction of the development, including its cable connection, does not interfere with NH or any planned works which might be required to NH, together with an indemnity for any impacts which are caused. Whilst there are protective provisions in Part 1 of Schedule 9 for electricity undertakers, these do not apply to the offshore works. Appropriate provision must be included in the DCO for the offshore works which may impact on NH. 3. NHWFL 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.