Common Land Exchange

Inclosure Act 1845-Section 147 & Law and Property Act 1925-Section 194
Proposed Exchanges of Land and Consent to Works at Mynydd y Gwair

The proposed Mynydd y Gwair Wind Farm is located upon common land used for grazing of sheep and cattle. The main Wind farm Site and most of the Access Route are situated across three common land units; CL68, CL74 and CL77. Whilst development on the commons has been minimised where possible, it is proposed to replace all common land affected by development with new “exchange” land. This will include all areas of common land impacted during the construction and operation of the wind farm, in addition to those areas over-sailed by turbines.

The proposed land to be “exchanged” into common land is located at two nearby farms. These farms are known as Blaen yr Ochfa and Blaen Gerdinen and abut commons CL77 and CL74 respectively.

This land exchange process requires an application to be made under section 147 of the Inclosure Act 1845 and an application has been made to the Welsh Assembly Government.

In addition to the land exchange process there is a requirement for an application to be made to erect fencing around archaeological features located upon common land that is not to impacted by the Wind Farm. The purpose of the fencing is to discourage persons from walking/driving across such features during construction work. Such an application is made under section 194 of the Law and Property Act 1925 and has been submitted in conjunction with the “exchange” application detailed above.

Current drafts of the documents that form both of the applications described above can be accessed below.