Paragraph 4 St Anne’s and Lowther Hill Primary Surveillance RadarI1

England and Wales

(1)

No part of any wind turbine generator shall be erected as part of the authorised development until a primary radar mitigation scheme agreed in advance with the operator has been submitted to and approved in writing by the Secretary of State in order to avoid the impact of the development on the primary radar of the operator located at St Anne’s and Lowther Hill Primary Surveillance Radar and associated air traffic management operations.

(2)

No part of any wind turbine generator shall be erected until the approved primary radar mitigation scheme has been implemented and the authorised development shall thereafter be operated fully in accordance with such approved scheme.

(3)

For the purposes of this requirement—

(a)

“operator” means NATS (En Route) plc, incorporated under the Companies Act (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services to the relevant managed area (within the meaning of section 40 of that Act); and

(b)

“primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to avoid at all times the impact of the development on the St Anne’s and Lowther Hill Primary Surveillance Radar and air traffic management operations of the operator.

Annotations

Commencement

I1: Sch. 2 para. 4 in force at 22.9.2025, see art. 1