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The East Anglia ONE Offshore Wind Farm Order 2014

S.I. 2014/1599 · Made 16 June 2014 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 25 September 2021.

Infrastructure Planning

Made 16th June 2014

Coming into force 7th July 2014

An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 for an Order under sections 37, 114, 115, 120 and 149A of the Planning Act 2008 (“the 2008 Act”)f2;

And whereas the application was examined by a Panel appointed as an examining authority by the Secretary of State pursuant to Chapter 4 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3;

The examining authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act made a report and recommendation to the Secretary of State;

The Secretary of State, having considered the report and recommendation of the Panel, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in its opinion do not make any substantial change to the proposals;

The Secretary of State in exercise of the powers conferred by sections 114, 115, 120, and 149A of the 2008 Act the Secretary of State makes the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 2009/2264 as amended by the Localism Act (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522).

f2

2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c.20).

f3

S.I. 2010/103, amended by S.I. 2012/635.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Principal powers
  5. 3Development consent etc. granted by the Order
  6. 4Power to construct and maintain authorised project
  7. 5Benefit of the Order
  8. 6Application and modification of legislative provisions
  9. 7Defence to proceedings in respect of statutory nuisance
  10. Part 3: Streets
  11. 8Street works
  12. 9Temporary stopping up of public rights of way
  13. 10Temporary stopping up of streets
  14. 11Access to works
  15. 12Agreements with street authorities
  16. Part 4: Supplemental powers
  17. 13Discharge of water
  18. 14Authority to survey and investigate the land
  19. Part 5: Powers of acquisition
  20. 15Compulsory acquisition of land
  21. 16Time limit for exercise of authority to acquire land compulsorily
  22. 17Compulsory acquisition of rights
  23. 18Private rights
  24. 19Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  25. 20Acquisition of subsoil only
  26. 21Acquisition of part of certain properties
  27. 22Rights under or over streets
  28. 23Temporary use of land for carrying out the authorised project
  29. 24Temporary use of land for maintaining authorised project
  30. 25Protective provisions for specified undertakers
  31. 26Statutory undertakers
  32. 27Recovery of costs of new connections
  33. Part 6: Operations
  34. 28Operation of generating station
  35. 29Deemed marine licences under the Marine and Coastal Access Act 2009
  36. Part 7: Miscellaneous and general
  37. 30Application of landlord and tenant law
  38. 31Operational land for purposes of the 1990 Act
  39. 32Felling or lopping of trees and removal of hedgerows
  40. 33Certification of plans etc.
  41. 34Arbitration
  42. 35Requirements, appeals, etc.
  43. 36Abatement of works abandoned or decayed
  44. 37Saving provisions for Trinity House
  45. 38Crown rights
  46. 39... Repealed
  47. Signature
  48. Schedule 1: Authorised project
  49. Part 1: Authorised development
  50. 1Paragraph 1
  51. 2Paragraph 2
  52. 3Paragraph 3
  53. Part 2: Ancillary works
  54. 1Paragraph 1
  55. Part 3: Requirements
  56. 1Interpretation
  57. 2Time limits
  58. 3Detailed offshore design parameters
  59. 4Detailed offshore design parameters
  60. 5Paragraph 5
  61. 6Paragraph 6
  62. 7Paragraph 7
  63. 7AAs built offshore parameters
  64. 8Aviation safety
  65. 9Offshore decommissioning
  66. 10Detailed design approval onshore
  67. 11Landfall method statement
  68. 12Provision of landscaping
  69. 13Implementation and maintenance of landscaping
  70. 14Highway accesses and improvements
  71. 15Fencing and other means of enclosure
  72. 16Surface and foul water drainage
  73. 17Contaminated land and ground water
  74. 18Archaeology
  75. 19Ecological management plan
  76. 20Code of construction practice
  77. 21External lighting and control of artificial light emissions
  78. 22Control of noise during construction
  79. 23Construction hours
  80. 24Control of noise during operational phase
  81. 25Traffic
  82. 26Port travel plan
  83. 27European protected species
  84. 28Restoration of land used temporarily for construction
  85. 29Installation of cable ducts
  86. 30Skills strategy
  87. 31Onshore decommissioning
  88. 32Decommissioning of Work No. 3B and Work No. 4
  89. 33Requirement for written approval
  90. 34Amendments to approved details
  91. 35Transmission system
  92. 36Marine mammal mitigation protocol
  93. Schedule 2Streets subject to street works
  94. Schedule 3: Public rights of way to be temporarily stopped up
  95. 1Rights of way for which a replacement will be provided during stopping up
  96. 2Rights of way for which no replacement will be provided during the temporary stopping up
  97. Schedule 4Streets to be temporarily stopped up
  98. Schedule 5Access to works
  99. Schedule 6Land in which only new rights etc. may be acquired
  100. Schedule 7: Modification of compensation and compulsory purchase enactments for creation of new rights
  101. 1Compensation enactments
  102. 2Paragraph 2
  103. 3Application of the 1965 Act
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. Schedule 8Land of which temporary possession may be taken
  111. Schedule 9: Protective provisions
  112. Part 1: Protection for electricity, gas, water and sewerage undertakers
  113. 1Paragraph 1
  114. 2Paragraph 2
  115. 3Paragraph 3
  116. 4Paragraph 4
  117. 5Paragraph 5
  118. 6Paragraph 6
  119. 7Paragraph 7
  120. 8Paragraph 8
  121. 9Paragraph 9
  122. 10Paragraph 10
  123. Part 2: Protection for operators of electronic communications code networks
  124. 1Paragraph 1
  125. 2Paragraph 2
  126. 3Paragraph 3
  127. 4Paragraph 4
  128. 5Paragraph 5
  129. Part 3: Protection of Network Rail Infrastructure Limited
  130. 1Paragraph 1
  131. 2Paragraph 2
  132. 3Paragraph 3
  133. 4Paragraph 4
  134. 5Paragraph 5
  135. 6Paragraph 6
  136. 7Paragraph 7
  137. 8Paragraph 8
  138. 9Paragraph 9
  139. 10Paragraph 10
  140. 11Paragraph 11
  141. 12Paragraph 12
  142. 13Paragraph 13
  143. 14Paragraph 14
  144. 15Paragraph 15
  145. 16Paragraph 16
  146. 17Paragraph 17
  147. 18Paragraph 18
  148. 19Paragraph 19
  149. 20Paragraph 20
  150. 21Paragraph 21
  151. Part 4: For the protection of Anglian Water Services Limited
  152. 1Paragraph 1
  153. 2Paragraph 2
  154. 3Paragraph 3
  155. 4Paragraph 4
  156. 5Paragraph 5
  157. 6Paragraph 6
  158. 7Paragraph 7
  159. 8Paragraph 8
  160. 9Paragraph 9
  161. 10Paragraph 10
  162. 11Paragraph 11
  163. Part 5: For the protection of National Grid Gas plc and National Grid Electricity Transmission plc
  164. 1Application
  165. 2Interpretation
  166. 3Apparatus of undertakers in stopped up streets
  167. 4Acquisition of land
  168. 5Removal of apparatus
  169. 6Facilities and rights for alternative apparatus
  170. 7Retained apparatus: protection: gas undertakers
  171. 8Retained apparatus: protection: electricity undertakers
  172. 9Expenses
  173. 10Compensation
  174. 11Ground subsidence monitoring scheme in respect of statutory undertakers’s apparatus
  175. 12Enactments and agreements
  176. 13Co-operation
  177. 14Access
  178. 15Arbitration
  179. Schedule 10: Deemed licence under the Marine and Coastal Access Act 2009 – generation assets
  180. Part 1: Licensed marine activities
  181. 1Paragraph 1
  182. 2Details of licensed marine activities
  183. 3Paragraph 3
  184. 4Paragraph 4
  185. 5Paragraph 5
  186. 6Paragraph 6
  187. Part 2: Conditions
  188. 1Design parameters for wind turbines
  189. 2Paragraph 2
  190. 3Paragraph 3
  191. 4Paragraph 4
  192. 5Paragraph 5
  193. 6Notifications and inspections
  194. 7Offshore safety management
  195. 8Aids to navigation
  196. 9Chemicals, drilling and debris
  197. 10Force majeure
  198. 11Pre-construction plans and documentation
  199. 12Paragraph 12
  200. 13Paragraph 13
  201. 14Foundation restrictions
  202. 15Reporting of engaged agents, contractors and vessels
  203. 16Equipment and operation of vessels engaged in licensed activities
  204. 17Pre-construction monitoring and surveys
  205. 18Construction monitoring
  206. 19Post construction
  207. Schedule 11: Deemed licence under the Marine and Coastal Access Act 2009 – transmission assets
  208. Part 1: Licensed marine activities
  209. 1Paragraph 1
  210. 2Details of licensed marine activities
  211. 3Paragraph 3
  212. 4Paragraph 4
  213. 5Paragraph 5
  214. 6Paragraph 6
  215. Part 2: Conditions
  216. 1Design parameters
  217. 2Paragraph 2
  218. 3Paragraph 3
  219. 4Paragraph 4
  220. 5Notifications and inspections
  221. 6Offshore safety management
  222. 7Aids to navigation
  223. 8Chemicals, drilling and debris
  224. 9Force majeure
  225. 10Pre-construction plans and documentation
  226. 11Paragraph 11
  227. 12Paragraph 12
  228. 13Foundation restrictions
  229. 14Reporting of engaged agents, contractors and vessels
  230. 15Equipment and operation of vessels engaged in licensed activities
  231. 16Pre-construction monitoring and surveys
  232. 17Construction monitoring
  233. 18Post construction
  234. Schedule 12Removal of important hedgerows
  235. Explanatory note