Developments of national significance (DNS): model conditions

Please note the contents of the Welsh Government’s Circular The use of planning conditions for development management (WGC 016/2014). This document should be used in conjunction with the above Circular and regard must be given to the six tests: conditions should be: (i) necessary; (ii) relevant to planning; (iii) relevant to the development to be permitted; (iv) enforceable; (v) precise; and (vi) reasonable in all other respects.

The conditions listed here are intended to act as a reference point for parties drafting suggested conditions for Developments of National Significance planning applications which include renewable energy generation. The list is not exhaustive, and some conditions may not be appropriate for every scheme. The conditions are a starting point, consideration will need to be given on a case-by-case basis whether they are appropriate or require amendment based on the circumstances of a case. The conditions listed here should not be applied without careful consideration. 

Where time periods are included, these have been carefully considered in light of PEDW’s experience in examining DNS applications to date and are considered to be reasonable in most cases, but parties may suggest alternatives with reasons on a case-by-case basis. 

Trigger points for conditions should be case specific. Therefore, whilst pre-commencement conditions typically state 'No development or site clearance shall occur until..', these conditions may vary based on the specifics of the site such as ‘with the exception of tree felling’ (in forested sites) or ‘with the exception of site investigations’.

1. Time limit for commencement 

The development shall begin no later than [five] years from the date of this decision.

Reason: To prevent the unnecessary accumulation of unimplemented permissions and on expiry of the permission to permit a review of circumstances by the planning authority.   

2. Approved plans

Subject to the conditions attached to this permission, the development shall be carried out in accordance with the following plans and documents: [ ]. 

Reason: To ensure that the development is carried out in accordance with the approved documents, plans and drawings submitted with the application.

3. Time limit for operation

The permission hereby granted shall endure for a period of [ ] years from the date when electricity is first exported from [renewable energy facility] on a commercial basis excluding testing (the “First Export Date”). Written confirmation of the First Export Date shall be sent to local planning authority within one month of the First Export Date.

Reason: To comply with the terms of the application.

4. Decommissioning scheme

No later than 12 months before the expiry date of the planning permission hereby granted [as defined in condition 3] a decommissioning and site restoration scheme shall be submitted to and approved in writing by the local planning authority. The scheme shall include:

1. Details of the removal of all the [solar arrays / wind turbines] and the surface elements of the development [plus one metre of the turbine bases below ground level]; and
2. A Decommissioning Environmental Management Plan (DEMP) informed by appropriate survey work.

Decommissioning of the site shall be carried out in accordance with the approved decommissioning scheme.

Reason: To comply with the terms of the application and to be in accordance with [policy / policies] [nos] of [Plan].

5. Failure to produce electricity 

If any part of the [solar / wind farm] hereby permitted fails to produce electricity for supply to the grid for a continuous period of [6] months [other than as required in accordance with the other conditions attached to this permission], a scheme shall be submitted to the Local Planning Authority for its written approval within 3 months of the end of that 6 month period for the repair or the removal of the [solar / wind farm]. Where repairs or replacements are required, the scheme shall include a proposed programme of remedial works. Where removal of the [solar / wind farm] is required, the scheme shall include the same details required under the decommissioning condition [condition 4] of this permission. The repair or removal scheme shall thereafter be implemented in full accordance with the approved details and timetable. 

Reason: To ensure that the replacement of components is appropriately controlled and to ensure the [solar / wind farm] beneficially generates electricity or is otherwise removed to the benefit of the character and appearance of the area.

6. Turbine details 

The wind turbines shall be of a [three bladed configuration] and shall not exceed an overall height of [  ] m. The turbines shall not display any prominent name logo, symbol, sign or advertisements on any external surface. The turbines shall not be illuminated (other than for aviation safety purposes). All turbine blades shall rotate in the same direction. The turbines shall be erected and thereafter retained for the lifetime of the development in accordance with colour and finish details that shall first be approved in writing by the Local Planning Authority.

Reason: In the interests of [visual amenity and the amenity of neighbouring residents] in accordance with [policy / policies] [nos] of [plan].

7. Micro-siting

No development (excluding pre-construction site investigations) shall commence until a micro-siting protocol has been submitted to and approved in writing by the Local Planning Authority. The micro-siting protocol will allow for the variation of the turbines and associated infrastructure of up to [50 m] in any direction subject to the minimisation of impacts on environmental constraints. The protocol shall be implemented as approved. 

Reason: In the interests of biodiversity in accordance with [policy / policies] [nos] of [plan].

8. Alternative Micro-siting (where protocol considered acceptable at application stage)

The wind turbines and other infrastructure hereby permitted may be micro-sited within [50 m] of the positions shown on the [Site Layout Plan] and a plan showing the final position of the turbines and other infrastructure forming part of the development shall be submitted to the relevant Local Planning Authority within one month of the First Export Date.

Reason: In the interests of biodiversity in accordance with [policy / policies] [nos] of [plan].

Note: Whilst the above conditions states 50 m allowance for micro-siting, this would be site specific based on the circumstances of the site. 

9. Submission of further details 

Prior to their installation, details of [CCTV equipment, lighting, fencing, external finishes of buildings] shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details. 

Reason: In the interests of [...] in accordance with [policy / policies] [nos] of [plan].

10. Management plan 

No development (excluding pre-construction site investigations) shall commence until a [Management Plan], including a timetable for implementation has been submitted to and approved in writing by the local planning authority. The methods of working and other measures contained in the approved [Management Plan] shall be adhered to and carried out in accordance with the approved timetable for implementation. 

Reason: To safeguard the environment [and the living conditions of residents] in accordance with policy / policies [nos] of [plan].

Note: PEDW has focused on minimising lengthy and prescriptive conditions. Therefore, the above condition can be adapted to require the submission of any management plan including:

• Construction Environmental Management Plan
• Landscape and Ecological Management Plan
• Construction Traffic Management Plan
• Soil Management Plan
• Water Quality Management Plan
• Abnormal Load Transport Management Plan
• Energy Storage Management Plan
• Species Protection Plan

It is expected that mitigation measures are detailed in the relevant management plans. For example, the Landscape and Ecological Management Plan should include a full landscaping scheme with a timetable for implementation, management and subsequent monitoring. The Construction Environmental Management Plan should include tree and hedgerow protection measures. Bespoke conditions may be more appropriate based on the circumstances of the case. 

11. Collision Monitoring and Mitigation Strategy 

Prior to operation of any turbine, an updated Collision Monitoring and Mitigation Strategy for [bats and / or birds] shall be submitted to and approved in writing by the Local Planning Authority. The Collision Monitoring and Mitigation Strategy shall include a protocol to identify thresholds, triggers and targets against which the results of the monitoring surveys can be judged and detail how contingencies and / or remedial action will be identified, agreed with relevant stakeholders, and then implemented. The approved Collision Monitoring and Mitigation Strategy shall be implemented and adhered to at all times. 

Reason: In the interests of biodiversity in accordance with [policy / policies] [nos] of [plan].

12. Turbine curtailment 

Prior to operation of any turbine, details of a turbine curtailment protocol shall be submitted to and approved in writing by the Local Planning Authority. Upon recommencement of operation of the turbine, the turbine operation shall comply with the adjusted curtailment programme as approved. 

Reason: In the interests of biodiversity in accordance with [policy / policies] [nos] of [plan].

13. Lighting scheme 

Prior to their installation on site, details of any lighting to be used during the construction or operation of the development hereby approved, shall be submitted to and approved in writing by the local planning authority. The lighting shall be carried out in accordance with the approved details.

Reason: To safeguard the [rural character and biodiversity interests of the site] in accordance with [policy / policies] [nos] of [plan].

14. Aviation lighting scheme 

Prior to the erection of any wind turbine, or the deployment of any construction equipment or temporary structure(s) 15.2 metres or more in height (above ground level) an aviation lighting scheme must be submitted to and approved in writing by the Local Planning Authority defining how the structure will be lit throughout its life to maintain civil and military aviation safety. The scheme shall be implemented in accordance with the approved details.

Reason: To maintain aviation safety in accordance with [policy / policies] [nos] of [plan].

15. Archaeological scheme

No development, to include demolition, site clearance, topsoil strip or other groundworks shall take place until the implementation of a programme of archaeological work has been secured in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. Thereafter, the programme of work will be fully carried out in accordance with the approved scheme.

Reason: In the interests of [...] in accordance with [policy / policies] [nos] of [plan].

16. Land contamination

No development shall take place until a site investigation of the nature and extent of contamination has been carried out in accordance with a methodology which has first been submitted to and approved in writing by the Local Planning Authority. The methodology shall include measures for unforeseen contamination found during construction. The results of the site investigation shall be made available to the Local Planning Authority before any development begins. If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development hereby permitted, including timescales, shall be submitted to and approved in writing by the Local Planning Authority. The site shall be remediated in accordance with the approved details.

Reason: In the interests of [..] in accordance with [policy / policies] [nos] of [plan].

17. Unstable Land 

No development shall take place until a site investigation has been carried out in accordance with a methodology first submitted to and approved in writing by the local planning authority. The results of the site investigation shall be submitted to the local planning authority before any development begins. If any land instability issues are found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development shall be submitted to and approved in writing by the local planning authority. Remedial measures shall be carried out prior to the operation of the development in accordance with the approved details and retained in perpetuity. If during the course of development, any unexpected land instability issues are found which were not identified in the site investigation, additional measures for their remediation in the form of a remediation scheme shall be submitted to and approved in writing by the local planning authority. The site shall be remediated in accordance with the approved details.

Reason: In the interests of [...], in accordance with [policy/policies] [nos] of [Plan].

18. Drainage scheme

No development shall commence until full site drainage arrangements including management and maintenance arrangements have been submitted to and approved in writing by the Local Planning Authority. The drainage arrangement shall be implemented in accordance with the approved details. The drainage system shall be managed and maintained thereafter in accordance with the agreed drainage scheme. 

Reason: To ensure [adequate disposal of foul and surface water drainage] in accordance with [policy / policies] [nos] of [plan].

19. Highway condition survey

Condition surveys of all highway features along those parts of the highway network which shall be utilised during the construction of the development, as identified in the Construction Traffic Management Plan, shall be undertaken prior to commencement of development, and on completion of the construction phase of the development. The surveys should also provide a scheme and timetable for remediation for any incidental damage to the highway network directly attributable to the development. The survey reports shall be submitted to the Local Planning Authority for approval within 28 days of each corresponding survey being undertaken and any remediation measures required shall be implemented as approved. 

Reason: In the interests of the [highway safety and free flow of traffic], in accordance with [policy / policies] [nos] of [plan].

20. Radar mitigation scheme 

No turbine blades shall be erected on site until a scheme for the mitigation of impact of the wind turbines on the operation of [  ] primary surveillance radar (the “radar mitigation scheme”) has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be operated fully in accordance with the approved radar mitigation scheme throughout the operational life of the development for the life of the development. 

Reason: To ensure no unacceptable impacts on radar operations in accordance with [policy / policies] [nos] of [plan].

21. Shadow flicker scheme 

Prior to the erection of any turbine on site, details of a mechanism and/or control module to reduce shadow flicker shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be operated in accordance with the approved details. 

Reason: In the interests of residential amenity, to protect the amenities of local residents, in accordance with Policies [ ].

22. Shadow flicker complaints 

Within [one month] of a written request from the relevant Local Planning Authority following a verified complaint alleging shadow flicker from an occupant of a dwelling which lawfully existed or had planning permission at the date of this permission, the wind farm operator shall, at its expense, commission and submit a report to the Local Planning Authority assessing the reported shadow flicker event(s). Where the Local Planning Authority confirms in writing that the incident of shadow flicker is affecting the living conditions of the resident(s), the wind farm operator shall, within 21 days, submit for approval a scheme of mitigation to the Local Planning Authority. The scheme shall be designed to mitigate the event of shadow flicker and to prevent its future recurrence and shall specify timescales for implementation. The scheme shall be operated in accordance with the approved details.

Reason: In the interests of residential amenity, to protect the amenities of local residents, in accordance with Policies [ ].

23. Noise

The level of noise emissions from the turbine(s) hereby permitted when measured in free field conditions at the boundary of any dwelling which lawfully exists or has planning permission for construction at the date of this planning permission shall not exceed [x dB or y dB above prevailing background noise levels] up to wind speeds of [x metres] derived at a height of [x metres] above ground level at a location near to the turbines.

Reason: In the interests of [...], in accordance with [policy/policies] [nos] of [Plan].

Note: Noise conditions should be case specific and tailored to the context of the site, including any noise assessment. The above condition is a starting point and will need to be amended based on site specific details. 

24. Construction hours

Construction work shall only take place between the hours of [08.00 to 18.00] on Monday to Friday inclusive and [08.00 to 13.00] on Saturdays, with no construction work taking place on a Sunday or Public Holiday. Outside of these hours, development shall be limited to turbine testing, commissioning works, emergency work and dust suppression. 

Reason: In the interests of residential amenity, to protect the amenities of local residents in accordance with Policies [ ].

25. Television reception

Within [one month] of a written request from the relevant Local Planning Authority following a verified complaint alleging interference to television reception caused by the operation of the turbines from an occupant of a dwelling or visitor accommodation which lawfully existed or had planning permission at the date of this permission, the wind farm operator shall, at its expense, commission and submit a report to the Local Planning Authority assessing the reported interference to television reception caused by the operation of the turbines. Where the Local Planning Authority confirms in writing that the incident of interference to television reception is unacceptable, the wind farm operator shall, within 21 days, submit for approval a scheme of mitigation to the Local Planning Authority. The scheme shall be designed to mitigate the interference to television reception and to prevent its future recurrence and shall specify timescales for implementation. The scheme shall be operated in accordance with the approved details.

Reason: In the interests of residential amenity, to protect the amenities of local residents in accordance with Policies [ ].