The East Anglia THREE Offshore Wind Farm Order 2017
S.I. 2017/826 · Made 7 August 2017 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 7th August 2017
Coming into force 29th August 2017
An application has been made to the Secretary of State for an Order granting development consent under section 37 of the Planning Act 2008 (“the 2008 Act”)f1.
The application was examined by the Examining Authority 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 Examining Authority, 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, 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.
The Secretary of State is satisfied that open space within the Order land, when burdened with any new rights authorised for compulsory acquisition under this Order, will be no less advantageous than it was before such acquisition 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, in exercise of the powers conferred by sections 114 and 120 of the 2008 Act, makes the following Order:
Annotations to the whole text
Footnotes
- f1
-
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(3) 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.
- f2
-
S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I. 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in Regulation 37(2) of that instrument.
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: Principal powers
- 3Development consent etc. granted by the Order
- 4Power to maintain authorised project
- 5Benefit of the Order
- 6Application and modification of legislative provisions
- 7Defence to proceedings in respect of statutory nuisance
- Part 3: Streets
- 8Street works
- 9Temporary stopping up of public rights of way
- 10Temporary stopping up of streets
- 11Access to works
- 12Agreements with street authorities
- Part 4: Supplemental powers
- 13Discharge of water
- 14Authority to survey and investigate the land onshore
- Part 5: Powers of acquisition
- 15Compulsory acquisition of land
- 16Time limit for exercise of authority to acquire land compulsorily
- 17Compulsory acquisition of rights
- 18Private rights
- 19Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 20Acquisition of subsoil only
- 21Acquisition of part of certain properties
- 22Rights under or over streets
- 23Temporary use of land for carrying out the authorised project
- 24Temporary use of land for maintaining authorised project
- 25Statutory undertakers
- 26Recovery of costs of new connections
- Part 6: Operations
- 27Operation of generating station
- 28Deemed marine licences under the 2009 Act
- Part 7: Miscellaneous and general
- 29Application of landlord and tenant law
- 30Operational land for purposes of the 1990 Act
- 31Felling or lopping of trees and removal of hedgerows
- 32Certification of plans etc.
- 33Arbitration
- 34Requirements, appeals, etc.
- 35Abatement of works abandoned or decayed
- 36Saving provisions for Trinity House
- 37Crown rights
- 38Protective provisions
- Signature
- Schedule 1: Authorised project
- 1Authorised development
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Ancillary works
- 1Paragraph 1
- Part 3: Requirements
- 1Time limits
- 2Detailed offshore design parameters
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Offshore decommissioning
- 11Stages and phasing of authorised development onshore
- 12Detailed design parameters onshore
- 13Landfall method statement
- 14Provision of landscaping
- 15Implementation and maintenance of landscaping
- 16Highway accesses and improvements
- 17Fencing and other means of enclosure
- 18Surface and foul water drainage
- 19Contaminated land and groundwater
- 20Archaeology
- 21Ecological management plan
- 22Code of construction practice
- 23External lighting and control of artificial light emissions
- 24Control of noise during construction
- 25Construction hours
- 26Control of noise during operational phase
- 27Traffic
- 28Port travel plan
- 29European protected species onshore
- 30Restoration of land used temporarily for construction
- 31Onshore decommissioning
- 32Aviation Safety
- 33Ministry of Defence surveillance operations
- 34Requirement for written approval
- 35Amendments to approved details
- 36Reuse of temporary works
- 37Notification of site clearance and archaeological investigations
- 38Cromer Primary Surveillance Radar
- Schedule 2Streets subject to street works
- Schedule 3Public rights of way 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
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 7Land of which temporary possession may be taken
- Schedule 8: 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
- Part 2: Protection for operators of electronic communications code networks
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part 3: Protection for Network Rail Infrastructure Limited
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Part 4: Protection for Anglian Water Services Limited
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- Part 5: Protection for National Grid as electricity and gas undertaker and National Grid Gas Distribution Limited as gas undertaker
- 48Application
- 49Interpretation
- 50Apparatus of statutory undertakers in stopped up streets
- 51Acquisition of land
- 52Removal of apparatus
- 53Facilities and rights for alternative apparatus
- 54Retained apparatus protection: Gas Undertakers
- 55Retained apparatus protection: Electricity Undertakers
- 56Expenses
- 57Indemnity
- 58Enactments and agreements
- 59Co-operation
- 60Access
- 61Arbitration
- Part 6: Protection for East Anglia ONE Offshore Wind Farm
- 62Application
- 63Interpretation
- 64Apparatus of undertakers in stopped up streets
- 65Acquisition of land
- 66Removal of apparatus
- 67Facilities and rights for alternative apparatus
- 68Retained apparatus: protection: electricity undertakers
- 69Expenses
- 70Compensation
- 71Enactments and agreements
- 72Co-operation
- 73Access
- 74Arbitration
- Part 7: Protection for oil and gas licensees
- 75Application
- 76Interpretation
- 77Proximity Agreement
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Arbitration
- 86Provision of information
- 87Compensation
- Schedule 9: Hedgerows
- 1Removal of hedgerows
- 2Removal of important hedgerows
- Schedule 10: Deemed licence under the 2009 Act – generation assets (licence 1 – phase 1)
- Part 1: Licensed marine activities
- 1Paragraph 1
- 2Details of licensed marine activities
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: Conditions
- 1Design parameters
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Notifications and inspections
- 8Aids to navigation
- 9Paragraph 9
- 10Aviation safety
- 11Chemicals, drilling and debris
- 12Force majeure
- 13Pre-construction plans and documentation
- 14Paragraph 14
- 15Reporting of engaged agents, contractors and vessels
- 16Foundation restrictions
- 17Pre-construction monitoring and surveys
- 18Construction monitoring
- 19Post construction
- 20Reporting of impact pile driving/detonation of explosives
- Schedule 11: Deemed licence under the 2009 Act – generation assets (licence 2 – phase 2)
- Part 1: Licensed marine activities
- 1Paragraph 1
- 2Details of licensed marine activities
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: Conditions
- 1Design parameters
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Notifications and inspections
- 8Aids to navigation
- 9Paragraph 9
- 10Aviation safety
- 11Chemicals, drilling and debris
- 12Force majeure
- 13Pre-construction plans and documentation
- 14Paragraph 14
- 15Reporting of engaged agents, contractors and vessels
- 16Foundation restrictions
- 17Pre-construction monitoring and surveys
- 18Construction monitoring
- 19Post construction
- 20Reporting of impact pile driving/detonation of explosives
- Schedule 12: Deemed licence under the 2009 Act – transmission assets (licence 1 – phase 1)
- Part 1: Licensed marine activities
- 1Paragraph 1
- 2Details of licensed marine activities
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: Conditions
- 1Design parameters
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Notifications and inspections
- 8Aids to navigation
- 9Paragraph 9
- 10Aviation safety
- 11Chemicals, drilling and debris
- 12Force majeure
- 13Pre-construction plans and documentation
- 14Paragraph 14
- 15Reporting of engaged agents, contractors and vessels
- 16Foundation restrictions
- 17Pre-construction monitoring and surveys
- 18Construction monitoring
- 19Post construction
- 20Reporting of impact pile driving/detonation of explosives
- Schedule 13: Deemed licence under the 2009 Act – transmission assets (licence 2 – phase 2)
- Part 1: Licensed marine activities
- 1Paragraph 1
- 2Details of licensed marine activities
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: Conditions
- 1Design parameters
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Notifications and inspections
- 8Aids to navigation
- 9Paragraph 9
- 10Aviation safety
- 11Chemicals, drilling and debris
- 12Force majeure
- 13Pre-construction plans and documentation
- 14Paragraph 14
- 15Reporting of engaged agents, contractors and vessels
- 16Foundation restrictions
- 17Pre-construction monitoring and surveys
- 18Construction monitoring
- 19Post construction
- 20Reporting of impact pile driving/detonation of explosives
- Schedule 14: Deemed licence under the 2009 Act – interconnection (licence 1 – phase 1)
- Part 1: Licensed marine activities
- 1Paragraph 1
- 2Details of licensed marine activities
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: Conditions
- 1Design parameters
- 2Notifications and inspections
- 3Aids to navigation
- 4Paragraph 4
- 5Force majeure
- 6Pre-construction plans and documentation
- 7Paragraph 7
- 8Reporting of engaged agents, contractors and vessels
- 9Pre-construction monitoring and surveys
- 10Construction monitoring
- 11Post construction
- 12Coordination with East Anglia ONE Offshore Wind Farm
- Schedule 15: Deemed licence under the 2009 Act – interconnection (licence 2 – phase 2)
- Part 1: Licensed marine activities
- 1Paragraph 1
- 2Details of licensed marine activities
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: Conditions
- 1Design parameters
- 2Notifications and inspections
- 3Aids to navigation
- 4Chemicals, drilling and debris
- 5Force majeure
- 6Pre-construction plans and documentation
- 7Pre-construction plans and documentation
- 8Reporting of engaged agents, contractors and vessels
- 9Pre-construction monitoring and surveys
- 10Construction monitoring
- 11Post construction
- 12Coordination with East Anglia ONE Offshore Wind Farm
- Explanatory note