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The Galloper Wind Farm Order 2013

S.I. 2013/1203 · Made 24 May 2013 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 November 2017.

Infrastructure Planning

Made 24th May 2013

Coming into force 15th June 2013

An application has been made to the Infrastructure Planning Commission 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;

The application was examined by a Panel appointed as the Examining authority by the Chair of the Infrastructure Planning Commission pursuant to Chapter 2 of Part 6 of the 2008 Act, and following the abolition of the Commission, by the Secretary of Statef3, and the examination was carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rulesf4;

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considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act, made a report and recommendation to the Secretary of State;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

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

Annotations to the whole text

Footnotes

f1

S.I. 2009/2264, amended by S.I. 2010/602, 2012/635, 2012/2732.

f2

2008 c. 29. Parts 1 to 7 were amended by Part 6 of Chapter 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20). Section 149A was inserted by paragraph 4 in Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23).

f3

Following the abolition of the Infrastructure Commission on 1st April 2012 the Panel appointed under section 61(2) of the Planning Act 2008 is treated as if appointed by the Secretary of State by virtue of a direction given by the Secretary of State under section 129 of the Localism Act.

f4

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

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Development consent etc. granted by the Order
  4. 4Maintenance of authorised project
  5. 5Operation of an offshore electricity generating station and keeping of overhead lines
  6. 6Requirements, appeals, etc.
  7. 7Benefit of the Order
  8. 8Public rights of navigation
  9. 9Abatement of works abandoned or decayed
  10. 10Deemed licence under the Marine and Coastal Access Act 2009
  11. 11Saving for Trinity House
  12. 12Crown rights
  13. 13Street works
  14. 14Agreements with street authorities
  15. 15Authority to survey and investigate the land
  16. 16Compulsory acquisition of land
  17. 17Time limit for exercise of authority to acquire land compulsorily
  18. 18Compulsory acquisition of rights
  19. 19Private rights
  20. 20Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  21. 21Acquisition of subsoil only
  22. 22Rights under or over streets
  23. 23Temporary use of land for carrying out the authorised project
  24. 24Temporary use of land for maintaining authorised project
  25. 25For the protection of specified undertakers
  26. 26Statutory undertakers
  27. 27Recovery of costs of new connections
  28. 28Application of landlord and tenant law
  29. 29Operational land for purposes of the 1990 Act
  30. 30Certification of plans etc.
  31. 31Arbitration
  32. Signature
  33. Schedule 1: Authorised project
  34. Part 1: Authorised development
  35. 1Paragraph 1
  36. 2Paragraph 2
  37. 3Paragraph 3
  38. 2Ancillary works
  39. Part 3: Requirements
  40. 1Interpretation
  41. 2Time limits
  42. 3Design parameters for wind turbines
  43. 4Approval of detailed wind turbine design parameters by the Secretary of State
  44. 5Further offshore design requirements
  45. 6Further offshore design requirements
  46. 7Further offshore design requirements
  47. 8Further offshore design requirements
  48. 9Offshore safety management
  49. 10Aids to navigation
  50. 11Aids to navigation
  51. 12Aids to navigation
  52. 13Aids to navigation
  53. 14Aids to navigation
  54. 15Aids to navigation
  55. 16Aids to navigation
  56. 17Provision against danger to navigation
  57. 18Offshore decommissioning
  58. 19Stages of authorised development onshore
  59. 20Detailed design approval onshore
  60. 21Detailed design approval onshore
  61. 22Provision of landscaping
  62. 23Implementation and maintenance of landscaping
  63. 24Fencing and other means of enclosure
  64. 25Surface and foul water drainage
  65. 26Archaeology
  66. 27Ecological management plan
  67. 28Construction code of practice
  68. 29Construction hours
  69. 30Control of noise during operational phase
  70. 31Control of artificial light emissions
  71. 32Detailed emergency response plan
  72. 33European protected species
  73. 34Restoration of land used temporarily for construction
  74. 35Interference with telecommunications
  75. 36Onshore decommissioning
  76. 37Requirement for written approval
  77. 38Amendments to approved details
  78. Schedule 2: Deemed licence under the Marine and Coastal Access Act 2009
  79. Part 1: Licensed marine activities
  80. 1Interpretation
  81. 2Details of licensed marine activities
  82. 3Details of licensed marine activities
  83. Part 2: Conditions
  84. 1Design parameters for wind turbines
  85. 2Approval of detailed wind turbine design parameters by the Secretary of State
  86. 3Further offshore design requirements
  87. 4Further offshore design requirements
  88. 5Further offshore design requirements
  89. 6Further offshore design requirements
  90. 7Notifications and inspections
  91. 8Chemicals, drilling and debris
  92. 9Force majeure
  93. 10Pre-construction plans and documentation
  94. 11Pre-construction plans and documentation
  95. 12Pre-construction plans and documentation
  96. 13Seasonal restrictions
  97. 14Reporting of engaged agents, contractors and vessels
  98. 15Equipment and operation of vessels engaged in licensed activities
  99. 16Pre-construction monitoring
  100. 17Construction monitoring
  101. 18Post construction
  102. 19Offshore decommissioning
  103. 20Requirement for written approval
  104. Schedule 3Streets subject to street works
  105. Schedule 4Land in which only new rights etc., may be acquired
  106. Schedule 5Land of which temporary possession may be taken
  107. Schedule 6
  108. Part 1: For the protection of specified undertakers
  109. 1Paragraph 1
  110. 2Paragraph 2
  111. 3Paragraph 3
  112. 4Paragraph 4
  113. 5Paragraph 5
  114. 6Paragraph 6
  115. 7Paragraph 7
  116. 8Paragraph 8
  117. 9Paragraph 9
  118. Part 2: For the protection of EDF Energy
  119. 1Paragraph 1
  120. 2Sizewell C proposed intake infrastructure
  121. 3Quality of Sizewell B cooling water intake
  122. 4Buffer zone for Sizewell B offshore infrastructure
  123. Explanatory note