The Transport and Works Act 1992
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
The Morlais Demonstration Zone Order
NOTICE OF FURTHER ENVIRONMENTAL INFORMATION
On 16 September 2019 Menter Môn Morlais Limited of Llangefni Town Hall, Llangefni, Anglesey, LL77 7LR applied to the Welsh Government under section 6 of the Transport and Works Act 1992 for the above-mentioned order under section 3 of that Act.
The draft order makes provision for the construction and operation of tidal energy devices and associated infrastructure within an offshore demonstration zone known as the Morlais Demonstration Zone (“MDZ”) which covers an area of 35 square kilometres of the Irish Sea to the west of Holy Island, Anglesey.
The Order would also authorise export cables on the seabed within an export cable corridor covering an area of 4.75 square kilometres between the MDZ and a landfall site on the western coast of Holy Island known as Abraham’s Bosom.
In addition to the offshore works, the Order would also authorise onshore works between a proposed electricity substation at the landfall site and a site to the east of Holyhead adjacent to the A55 to provide a grid connection with the existing electricity network infrastructure.
The Order would confer power to transfer the benefit of the Order to another person and powers to execute street works, to temporarily stop up streets, to create or improve existing means of access, to enter into agreements with street authorities, to use private roads for the construction of the works, to discharge water into watercourses and public sewers or drains, to carry out protective works to buildings and to survey and investigate land.
The Order also provides a saving for the Marine and Coastal Access Act 2009, a power to dredge, provision against danger to navigation and in relation to the abatement of tidal works abandoned or destroyed, for the survey of, and lights on, tidal works and relating to safety of navigation. A separate application for a marine licence in respect of the offshore works has been made to Natural Resources Wales.
In connection with the onshore works, the Order seeks to confer powers for the compulsory acquisition and use of land for the purposes of those works and for ancillary purposes. The Order would confer powers to acquire easements or other rights in land and impose restrictive covenants, to acquire the subsoil only of land, to appropriate the subsoil or airspace of streets, to use land temporarily for the purposes of constructing and maintaining the works, provision for the incorporation of the mineral code, to disregard certain interests and improvements in land, to set-off for any enhancement in the value of retained land in assessing compensation and to override, extinguish or suspend easements and other rights The Order also provides for the application and modification of compulsory purchase enactments and a time limit of five years for the exercise of the powers of compulsory acquisition conferred under the Order.
The Order provides for the disapplication of section 36 of the Electricity Act 1989 and section 23 of the Land Drainage Act 1991, a defence relating to proceedings in respect of statutory nuisance, power to lop trees and remove hedgerows, for overriding the application of landlord and tenant law, would make it an offence to obstruct the construction of the works, provides for safety zones for navigation, trawling and anchoring, provisions for the protection of statutory undertakers and other interests, savings for Trinity House and the Crown, the disapplication of certain provisions of the Neighbourhood Planning Act 2017 and includes ancillary provisions.
The application is subject to an environmental impact assessment and further information is available in relation to the environmental statement which was provided with the application.
A copy of that information may be inspected free of charge at the places and during the times set out in the Schedule to this notice until 30 November 2020, by appointment on a request through email@example.com.
Copies of that information may be obtained from Menter Môn Morlais Limited, Llangefni Town Hall, Llangefni, Anglesey, LL77 7LR or by emailing firstname.lastname@example.org or telephoning 01248 725 722 for £750.
A copy of that information may also be viewed free of charge at www.morlaisenergy.com or planning inspectorate website: https://dns.planninginspectorate.gov.uk/projects/wales/twa-morlais-demonstration-zone/?ipcsection
Representations about the further information should be sent to the Welsh Planning Inspectorate either via email or through the post:
Post: The Planning Inspectorate Crown Buildings Cathays Park Cardiff CF10 3N
Any such representations MUST (i) be received by the Welsh Ministers on or before 30 November 2020, Inspectors would favour responses made to the further environmental information with the Proofs of Evidence submission on 2nd November 2020, (ii) be made in writing (whether sent by post or e-mail), (iii) state the grounds of the representation, (iv) indicate who is making the objection or other representation, and (v) give an address to which correspondence relating to the objection or other representation may be sent. (If you are sending your objection or other representation by e-mail, please provide a postal address.)
The Welsh Ministers may publish copies of the objections and other representations on their website, excluding any personal information contained in them, and will copy them to the applicant for the Order including personal details.
Eversheds Sutherland (International) LLP
Solicitors on behalf of Menter Môn Morlais Limited
Date:19 October 2020
Llangefni Town Hall,
Monday – Friday between 10:00am 16:00pm