Paragraph 27 Operation of Walney Aerodrome (Air traffic services)I1

No part of any wind turbine generator shall be erected as part of the authorised development until—

The approved ATS mitigation scheme must remain in place and be complied with for the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 20).

The undertaker shall be solely responsible for the costs of—

For the purposes of this requirement—

• “Approved ATS mitigation scheme” means the ATS mitigation scheme as approved by the Secretary of State in accordance with F2paragraph (1)(b)(i);

• “ATS mitigation scheme” means a scheme which is designed to prevent or remove any adverse impacts arising from the authorised development on the operation of Walney Aerodrome, including but not limited to:

  1. (a)

     the Aerodrome’s ability to provide and deliver on an uninterrupted basis—

     1. (i)

        national sovereign defence capabilities;

     2. (ii)

        safe airport operational and air traffic services that are fit for purpose for both civil and military aircraft operations; and

     3. (iii)

        any other operational requirements which are identified by the operator.

  2. (b)

     the Aerodrome’s IFP, MSA and VHF communication systems;

• “CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982;

• “IFP” means instrument flight procedures;

• “MSA” means minimum sector altitude;

• “operator” means BAE Systems Marine Limited (incorporated in England and Wales with company number 00229770, whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, F3Surrey, 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 Walney Aerodrome or any organisation employed by BAE Systems Marine Limited to provide an air traffic service at Walney Aerodrome; and

• “VHF” means very high frequency.