The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015
S.I. 2015/1592 · Made 4 August 2015 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 4th August 2015
Coming into force 26th August 2015
An application under section 37 of the Planning Act 2008f1 (the “2008 Act”) has been made to the Secretary of State for an order granting development consent.
The application has been examined by a Panel, which has made a report to the Secretary of State under section 74(2) of the 2008 Act.
The Secretary of State has considered the report and recommendation of the Panel, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f2 and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.
The Secretary of State is satisfied that the special category land (as defined in article 34 of the Order), when burdened with the order rights (as defined in that article), will be no less advantageous than it was before to the persons in whom it is vested; other persons, if any, entitled to rights of common or other rights; and the public; and that, accordingly, section 132(3) of the 2008 Act applies.
The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.
Accordingly, the Secretary of State, in exercise of the powers in section 114 and 120 of the 2008 Act, makes the following Order:
Annotations to the whole text
Footnotes
- f1
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2008 c.29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011(c.20). Section 74(2) was amended by paragraph 29(2) of that Schedule. Section 104(2) was amended by paragraph 49 of that Schedule and section 58 of the Marine and Coastal Access Act 2009 (c.23). Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, that Act. Section 132 was amended by section 23(3) of the Growth and Infrastructure Act 2013 (c.27).
- f2
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S.I. 2009/2263; relevant amending instruments are S.I. 2012/635 and 2012/787.
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: Principal powers
- 3Development consent granted by Order
- 4Maintenance of authorised project
- 5Operation of generating station
- 6Procedure in relation to approvals, etc. under Requirements
- 7Benefit of Order
- 8Consent to transfer benefit of Order
- 9Guarantees in respect of payment
- 10Bizco 2 and Bizo 3 may enter on certain land for purposes of construction
- 11Disapplication and modification of legislative provisions
- 12Project A Offshore works: abandonment, decay or removal
- 12AProject B Offshore works: abandonment, decay or removal
- 13Defence to proceedings in respect of statutory nuisance
- Part 3: Streets
- 14Street works
- 15Temporary stopping up of streets
- 16Access to works
- 17Agreements with street authorities
- Part 4: Supplemental powers
- 18Discharge of water
- 19Protective work to buildings
- 20Authority to survey and investigate land
- 21Removal of human remains
- Part 5: Powers of acquisition
- 22Compulsory acquisition of land
- 23Compulsory acquisition of land: minerals
- 24Time limit for exercise of authority to acquire land compulsorily, etc.
- 25Compulsory acquisition of rights
- 26Private rights of way
- 27Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 28Rights under or over streets
- 29Temporary use of land for carrying out authorised project
- 30Temporary use of land for maintaining authorised project
- 31Statutory undertakers
- 32Recovery of costs of new connections
- 33Application of landlord and tenant law
- 34Special category land
- Part 6: Miscellaneous and general
- 35Railway and navigation undertakings
- 36Trees subject to tree preservation orders
- 37Operational land for purposes of Town and Country Planning Act 1990
- 38Felling or lopping of trees and removal of hedgerows
- 39Deemed licences under Marine and Coastal Access Act 2009
- 40Saving for Trinity House
- 41Crown rights
- 42Certification of plans and documents, etc.
- 43Protective provisions
- 44Arbitration
- Signature
- Schedule 1: Authorised project
- Part 1: Authorised development
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 2Ancillary works
- Part 3: Requirements
- 1Interpretation
- 2Time limits
- 3Detailed offshore design parameters
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 6AParagraph 6A
- 7Paragraph 7
- 8Paragraph 8
- 8AParagraph 8A
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Layout rules
- 14Aviation lighting
- 15Offshore decommissioning
- 16Offshore safety management
- 17Restricted work area
- 18Stages of authorised development onshore
- 19Detailed design approval onshore
- 20Paragraph 20
- 21Provision of landscaping
- 22Implementation and maintenance of landscaping
- 23Fencing and other means of enclosure
- 24Highway accesses
- 25Surface and foul water drainage
- 26Archaeology
- 27Code of construction practice
- 28Construction environmental management plan
- 29Construction hours
- 30Control of noise during operational phase
- 31Control of artificial light emissions
- 32Construction traffic routing and management plans
- 33Drilling works under highways
- 34Port access and transport plans
- 35European protected species: onshore
- 36Restoration of land used temporarily for construction
- 37Interference with telecommunications
- 38Onshore decommissioning
- 39Approval, etc. to be given in writing
- 40Amendments to plans, etc.
- 41Southern North Sea Special Area of Conservation
- Schedule 2Streets subject to street works
- Schedule 3Streets to be temporarily stopped up
- Schedule 4Access to works
- Schedule 5Land in which only new rights, etc. may be acquired
- Schedule 6: Modification of compensation and compulsory purchase enactments for creation of new rights
- 1Compensation enactments modified
- 2Land Compensation Act 1973 modified
- 3Compulsory Purchase Act 1965 modified
- Schedule 7Land of which temporary possession may be taken
- Schedule 8: Marine Licence 1: Project A Offshore Generation – Work Nos. 1A and 2T
- Part 1: Licensed activities
- 1Interpretation
- 2Details of licensed activities
- Part 2: Conditions
- 3Detailed offshore design parameters
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Layout rules
- 13Notifications and inspections
- 14Chemicals, drilling and debris
- 15Force majeure
- 16Pre-construction plans and documentation
- 17Paragraph 17
- 18Offshore safety management
- 19Reporting of engaged agents, contractors and vessels
- 20Equipment and operation of vessels engaged in licensed activities
- 21Pre-construction monitoring
- 22Construction monitoring
- 23Post-construction surveys
- 24Offshore maintenance plan
- 25Aids to navigation
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Progress of authorised scheme
- 33Amendments to plans, etc.
- Schedule 9: Marine Licence 2: Project B Offshore Generation – Work Nos. 1B and 2T
- Part 1: Licensed activities
- 1Interpretation
- 2Details of licensed activities
- Part 2: Conditions
- 3Detailed offshore design parameters
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Layout rules
- 13Notifications and inspections
- 14Chemicals, drilling and debris
- 15Force majeure
- 16Pre-construction plans and documentation
- 17Pre-construction plans and documentation
- 18Offshore safety management
- 19Reporting of engaged agents, contractors and vessels
- 20Equipment and operation of vessels engaged in licensed activities
- 21Pre-construction monitoring
- 22Construction monitoring
- 23Post-construction surveys
- 24Offshore maintenance plan
- 25Aids to navigation
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Progress of authorised scheme
- 33Amendments to plans, etc.
- Schedule 10: Marine Licence 3: Project A Offshore Transmission - Work Nos. 2A, 3A and 2T
- Part 1: Licensed activities
- 1Interpretation
- 2Details of licensed activities
- Part 2: Conditions
- 3Detailed offshore design parameters
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Notifications and inspections
- 11Chemicals, drilling and debris
- 12Force majeure
- 13Pre-construction plans and documentation
- 14Paragraph 14
- 15Offshore safety management
- 16Reporting of engaged agents, contractors and vessels
- 17Equipment and operation of vessels engaged in licensed activities
- 18Pre-construction monitoring
- 19Construction monitoring
- 20Post-construction surveys
- 21Offshore maintenance plan
- 22Aids to navigation
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Progress of authorised scheme
- 30Amendments to plans, etc.
- Schedule 11: Marine Licence 4: Project B Offshore Transmission – Work Nos. 2B, 3B and 2T
- Part 1: Licensed activities
- 1Interpretation
- 2Details of licensed activities
- Part 2: Conditions
- 3Detailed offshore design parameters
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Notifications and inspections
- 11Chemicals, drilling and debris
- 12Force majeure
- 13Pre-construction plans and documentation
- 14Paragraph 14
- 15Offshore safety management
- 16Reporting of engaged agents, contractors and vessels
- 17Equipment and operation of vessels engaged in licensed activities
- 18Pre-construction monitoring
- 19Construction monitoring
- 20Post-construction surveys
- 21Offshore maintenance plan
- 22Aids to navigation
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Progress of authorised scheme
- 30Amendments to plans, etc.
- Schedule 12: Protective provisions
- Part 1: Protection for electricity, gas, water and sewerage undertakers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 2: Protection of Network Rail Infrastructure Limited, etc.
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Part 3: Protection of operators of electronic communications code networks
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part 4: Protection of offshore cables and pipelines
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part 5: Protection of Environment Agency
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Part 6: Protection of owners and operators at Wilton
- 1Preliminary
- 2Paragraph 2
- 3Paragraph 3
- 4General, consent and insurance
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Apparatus
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Access for construction and maintenance
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Compliance with requirements, etc. of Wilton Complex
- 20Consultation, participation in community groups, co-operation on complaints, etc.
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Expert
- Explanatory note