Article 2 Amendment to the East Anglia THREE Offshore Wind Farm Order 2017

The East Anglia THREE Offshore Wind Farm Order 2017 (“the 2017 Order”) is amended by inserting the following paragraph after paragraph 37 in Part 3 (Requirements) of Schedule 1 (Authorised Project).

“Cromer Primary Surveillance Radar

38.

(1)

No erection of any wind turbine generator forming part of the authorised development may commence until the Secretary of State, having consulted with NATS, has confirmed satisfaction in writing that appropriate mitigation will be implemented and maintained for the required period and that arrangements have been put in place with NATS to ensure that the approved mitigation is implemented and in operation prior to erection of the wind turbine generators.

(2)

The undertaker must thereafter comply with the obligations contained within the approved mitigation for the required period.

(3)

For the purposes of this requirement—

(a)

“appropriate mitigation” means measures to mitigate any adverse effects which the operation of the authorised development will have on the primary surveillance radar at Cromer and NATS’ associated air traffic (surveillance and control) services/operations during the required period;

(b)

“approved mitigation” means the detailed Primary Radar Mitigation Scheme setting out the appropriate mitigation approved by the Secretary of State and confirmed in writing in accordance with sub-paragraph (1);

(c)

“NATS” means NATS (En-Route) Plc (company number 04219273) or any successor body;

(d)

“the required period” means the shorter of—

(i)

the operational life of the authorised development; and

(ii)

the period ending on the date notified to the Secretary of State by the undertaker and confirmed in writing by NATS being the date on which NATS no longer requires the appropriate mitigation to be in place.”.