Paragraph 23 Warton Aerodrome Primary Surveillance RadarI1

No part of any wind turbine generator shall be erected as part of the authorised development until a radar mitigation scheme has been submitted to and approved in writing by the Secretary of State, in consultation with the Ministry of Defence and the operator.

No wind turbine generator erected as part of the authorised development shall be permitted to rotate its rotor blades about its horizontal axis other than for the purpose of testing the proposed mitigation solution identified in the approved radar mitigation scheme until the Secretary of State, following consultation with the Ministry of Defence and the operator, has confirmed in writing that he is satisfied that—

The approved radar mitigation scheme must remain in place and be complied with for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator (or both).

The undertaker shall be solely responsible for the costs of—

For the purposes of this requirement—

• “F2approved radar mitigation scheme” means the radar mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1);

• “Ministry of Defence” means F3the Ministry of Defence as represented by Defence Infrastructure Organisation – DIO Safeguarding, DIO Head Office, St George’s House, DMS Whittington, Litchfield, Staffordshire, WS14 9PY or any successor body;

• “operator” F4means BAE Systems (Operations) Limited (incorporated in England and Wales with company number 01996687 whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey, GU16 7EX) or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services at Warton Aerodrome or any other organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome;

• “PSR” means the primary surveillance radar at Warton Aerodrome or any upgrade thereto or replacement thereof;

• “PSR air traffic control operations” means the air traffic control operations, including both civil and military aircraft operations, of the Ministry of Defence or the operator (or both) which are reliant upon the PSR; and

• “radar mitigation scheme” means a scheme designed to prevent or remove any adverse impacts arising from the authorised development upon the operation of the PSR or the PSR air traffic control operations.