The Hornsea Two Offshore Wind Farm Order 2016
S.I. 2016/844 · Made 16 August 2016 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 16th August 2016
Coming into force 7th September 2016
An application under section 37 of the Planning Act 2008f1 (the “2008 Act”) has been made to the Secretary of State for an order granting development consent.
The application has been examined by a Panel, which has made a report to the Secretary of State under section 74(2) of the 2008 Act. After receiving the report, the Secretary of State requested further information from various persons.
The Secretary of State has considered the report and recommendation of the Panel, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f2 and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.
The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 114 and 120 of the 2008 Act, makes the following Order:
Annotations to the whole text
Footnotes
- f1
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2008 c.29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c.20). Section 74(2) was amended by paragraph 29(2) of that Schedule. Section 104(2) was amended by paragraph 49 of that Schedule and section 58 of the Marine and Coastal Access Act 2009 (c.23). Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, that Act.
- f2
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S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and 2012/787.
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- 3Disapplication of legislative provisions
- 4Guarantees in respect of payment of compensation
- 5Defence to proceedings in respect of statutory nuisance
- Part 2: Principal powers
- 6Development consent, etc. granted by Order
- 7Maintenance of authorised project
- 8Operation of generating stations
- Part 3: Streets
- 9Street works
- 10Application of New Roads and Street Works Act 1991
- 11Temporary stopping up of streets
- 12Access to works
- 13Agreements with street authorities
- 14Highway improvements
- Part 4: Supplemental powers
- 15Discharge of water
- 16Protective work to buildings
- 17Authority to survey and investigate land
- Part 5: Powers of acquisition, etc.
- 18Compulsory acquisition of land
- 19Compulsory acquisition of rights
- 20Time limit for exercise of authority to acquire land compulsorily
- 21Private rights
- 22Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 23Acquisition of subsoil or airspace only
- 24Acquisition of part of certain properties
- 25Rights under or over streets
- 26Temporary use of land for carrying out authorised project
- 27Temporary use of land for maintaining authorised project
- 28Statutory undertakers
- 29Recovery of costs of new connections
- Part 6: Operations
- 30Felling or lopping of trees and removal of hedgerows
- 31Trees subject to tree preservation orders
- Part 7: Miscellaneous and general
- 32Operational land for purposes of 1990 Act
- 33Procedure in relation to approvals, etc. under requirements
- 34Offshore works: abandonment or decay
- 35Transfer of benefit of Order
- 36Deemed marine licences under Marine and Coastal Access Act 2009
- 37Saving for Trinity House
- 38Crown rights
- 39Protective provisions
- 40Certification of plans, etc.
- 41Arbitration
- Signature
- Schedule 1: Authorised project
- Part 1: Authorised development
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 2Ancillary works
- Part 3: Requirements
- 1Time limits
- 2Detailed design parameters
- 3Colour and lighting
- 4Foundation methods
- 5Archaeology landward of mean low water springs
- 6Ecological management plan landward of mean low water springs
- 7Code of construction practice
- 8Landscape scheme
- 9Implementation and maintenance of landscaping
- 10Offshore decommissioning
- 11Highway accesses
- 12Contaminated land and groundwater scheme
- 13Surface water drainage scheme
- 14Colour and detailed design approval: electrical transmission stations
- 15Access road within plots 45 to 49
- 16Port traffic management plan
- 17Employment and skills plan
- 18Offshore co-operation
- 19Compensation compounds
- 20Onshore decommissioning plan
- 21North Coates airfield
- 22Control of noise during operational phase
- 23Onshore co-operation
- 24Intertidal access management plan
- 25Navigational safety at Saturn, Mimas and Tethys offshore platforms
- 26Requirement for written approval
- 27Amendments to approved plans, etc.
- Schedule 2Streets subject to street works
- Schedule 3Streets to be temporarily stopped up
- Schedule 4Access to works
- Schedule 5Land in which only new rights, etc. may be acquired
- Schedule 6: Modification of compensation and compulsory purchase enactments for creation of new rights, etc.
- 1Compensation enactments modified
- 2Land Compensation Act 1973 modified
- 3Compulsory Purchase Act 1965 modified
- 4Compulsory Purchase Act 1965 modified
- 5Compulsory Purchase Act 1965 modified
- 6Compulsory Purchase Act 1965 modified
- 7Compulsory Purchase Act 1965 modified
- 8Compulsory Purchase Act 1965 modified
- 9Compulsory Purchase Act 1965 modified
- Schedule 7: Land of which temporary possession may be taken
- 1Authorised project
- 2Compensation compounds
- 3Authorised project: access
- 4Compensation compounds: access
- Schedule 8: Marine Licence A1: Project A – Generation Assets
- Part 1: Licensed activities
- 1Interpretation
- 2Details of licensed activities
- 3Maintenance of authorised project
- 4Duration
- Part 2: Licence conditions
- 1Design parameters
- 2Design parameters
- 3Navigational practice, safety and emergency response
- 4Aids to navigation
- 5Notifications and inspections
- 6Chemicals, drilling and debris
- 7Force majeure
- 8Pre-construction plans and documentation
- 9Pre-construction plans and documentation
- 10Pre-construction plans and documentation
- 11Reporting of engaged agents, contractors and vessels
- 12Equipment and operation of vessels engaged in licensed activities
- 13Pre-construction monitoring and surveys
- 14Construction monitoring
- 15Post-construction
- 16Offshore decommissioning
- 17Amendments to approved plans, etc.
- Schedule 9: Marine Licence A2: Project A – Transmission Assets
- Part 1: Licensed activities
- 1Interpretation
- 2Details of licensed activities
- 3Maintenance of authorised project
- 4Duration
- Part 2: Licence conditions
- 1Design parameters
- 2Design parameters
- 3Navigational practice, safety and emergency response
- 4Aids to navigation
- 5Notifications and inspections
- 6Chemicals, drilling and debris
- 7Force majeure
- 8Pre-construction plans and documentation
- 9Pre-construction plans and documentation
- 10Pre-construction plans and documentation
- 11Reporting of engaged agents, contractors and vessels
- 12Equipment and operation of vessels engaged in licensed activities
- 13Pre-construction monitoring and surveys
- 14Construction monitoring
- 15Post-construction
- 16Offshore decommissioning
- 17Amendments to approved plans, etc.
- 18Restrictions in intertidal area and Humber Estuary Special Area of Conservation
- Schedule 10: Marine Licence B1: Project B – Generation Assets
- Part 1: Licensed activities
- 1Interpretation
- 2Details of licensed activities
- 3Maintenance of authorised project
- 4Duration
- Part 2: Licence conditions
- 1Design parameters
- 2Design parameters
- 3Navigational practice, safety and emergency response
- 4Aids to navigation
- 5Notifications and inspections
- 6Chemicals, drilling and debris
- 7Force majeure
- 8Pre-construction plans and documentation
- 9Pre-construction plans and documentation
- 10Pre-construction plans and documentation
- 11Reporting of engaged agents, contractors and vessels
- 12Equipment and operation of vessels engaged in licensed activities
- 13Pre-construction monitoring and surveys
- 14Construction monitoring
- 15Post-construction
- 16Offshore decommissioning
- 17Amendments to approved plans, etc.
- Schedule 11: Marine Licence B2: Project B – Transmission Assets
- Part 1: Licensed activities
- 1Interpretation
- 2Details of licensed activities
- 3Maintenance of authorised project
- 4Duration
- Part 2: Licence conditions
- 1Design parameters
- 2Design parameters
- 3Navigational practice, safety and emergency response
- 4Aids to navigation
- 5Notifications and inspections
- 6Chemicals, drilling and debris
- 7Force majeure
- 8Pre-construction plans and documentation
- 9Pre-construction plans and documentation
- 10Pre-construction plans and documentation
- 11Reporting of engaged agents, contractors and vessels
- 12Equipment and operation of vessels engaged in licensed activities
- 13Pre-construction monitoring and surveys
- 14Construction monitoring
- 15Post-construction
- 16Offshore decommissioning
- 17Amendments to approved plans, etc.
- 18Restrictions in intertidal area and Humber Estuary Special Area of Conservation
- Schedule 12: Protective provisions
- Part 1: Protection for Environment Agency and drainage authorities
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 2: Protection for Network Rail Infrastructure Limited, etc.
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Part 3: Protection for operators of electronic communications code networks
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part 4: Protection for utility undertakers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part 5: Protection for Associated British Ports
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Part 6: Protection for Anglian Water Services Limited
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part 7: Protection for Centrica plc
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part 8: Protection for VPI Immingham LLP
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 9: Protection for Phillips 66 Limited
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 10: Protection for ConocoPhillips (U.K.) Limited
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 11: Protection for C.GEN Killingholme Limited
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Part 12: Protection for Hornsea One companies
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Schedule 13: Documents to be certified
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Explanatory note