Paragraph 4 Approval of detailed wind turbine design parameters by the Secretary of StateI1

England, Wales and Scotland

F1(1)

The authorised development below MHWS shall not commence until the Secretary of State has received the Approval Application and issued the Approval Notice.

(2)

An Approval Application shall include—

(a)

the proposed Maximum WTG Number;

(b)

the proposed WTG Specification;

(c)

the proposed Minimum Clearance Level; and

(d)

an explanation of how the proposed Maximum WTG Number, the proposed WTG Specification and the proposed Minimum Clearance Level, in combination, achieve the Percentage Reduction.

(3)

The Approval Notice shall specify—

(a)

the Maximum WTG Number;

(b)

the WTG Specification, which shall comply with the requirements of paragraphs (a) to (c) of Requirement 3(1); and

(c)

the Minimum Clearance Level, which shall comply with the requirements of paragraph (e) of Requirement 3(1).

(4)

The Secretary of State shall not issue the Approval Notice unless he is satisfied, following consultation with Natural England, that the Maximum WTG Number, the WTG Specification and the Minimum Clearance Level, in combination, achieve the Percentage Reduction.

(5)

The Approval Notice shall include a statement of—

(a)

the reasons why the Secretary of State is satisfied that the Percentage Reduction is achieved; and

(b)

where the Maximum WTG Number, the WTG Specification, or the Minimum Clearance Level is different from that proposed in the Approval Application, the reasons for the difference.

(6)

The number of wind turbine generators forming part of the authorised development shall not exceed the Maximum WTG Number specified in the Approval Notice.

(7)

Each wind turbine generator forming part of the authorised development shall conform to the WTG Specification specified in the Approval Notice.

(8)

For each wind turbine generator constructed as part of the authorised development, the minimum distance between the lowest point of its rotating blade and the MHWS shall be at least equal to the Minimum Clearance Level.

Annotations

Textual amendments

F1: Words in Sch. 1 Pt. 3 para. 4(1) substituted (21.8.2013) by The Galloper Wind Farm (Correction) Order 2013 (S.I. 2013/2086), arts. 1, 2, Sch.

Commencement

I1: Sch. 1 para. 4 in force at 15.6.2013, see art. 1