OpenLegislation

The Walney Extension Offshore Wind Farm Order 2014

S.I. 2014/2950 · Made 7 November 2014 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2017.

Infrastructure Planning

Made 7th November 2014

Coming into force 28th November 2014

An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 for an Order under sections 114, 115, 120 and 149A of the Planning Act 2008 (“the 2008 Act”)f2;

The application was examined by a Panel appointed as Examining authority by the Secretary of State pursuant to Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rulesf3;

The Examining authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act, made a report and recommendation to the Secretary of State;

The Secretary of State, having considered the report and recommendation of the Panel, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals;

The Secretary of State, having considered the report and recommendation of the Panel, is satisfied that open space comprised within the Order land, when burdened with the new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public;

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120, 122, 132(2) and (3) and 149A of the 2008 Act makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 2009/2264, as amended by the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522). There are other amendments to the Regulations which are not relevant to this Order.

f2

2008 c. 29. Parts 1 to 7 were amended by Part 6 of Chapter 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20). Section 149A was inserted by paragraph 4 in Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23). Sections 127, 131, 132 and 138 were amended by the Growth and Infrastructure Act 2013. Sections 128, 129 and 137 were repealed by the Growth and Infrastructure Act 2013.

f3

S.I. 2010/103, as amended by S.I. 2012/635.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Development consent etc. granted by the Order
  4. 4Maintenance of authorised project
  5. 5Benefit of the Order
  6. 6Operation of generating station
  7. 7Application of the Hedgerows Regulations 1997
  8. 8Defence to proceedings in respect of statutory nuisance
  9. 9Requirements, appeals etc.
  10. 10Street works
  11. 11Temporary stopping up of streets
  12. 12Temporary stopping up of public rights of way
  13. 13Access to works
  14. 14Agreements with street authorities
  15. 15Discharge of water
  16. 16Protective work to buildings
  17. 17Authority to survey and investigate the land
  18. 18Removal of human remains
  19. 19Compulsory acquisition of land
  20. 20Time limit for exercise of authority to acquire land compulsorily
  21. 21Compulsory acquisition of rights
  22. 22Private rights
  23. 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  24. 24Acquisition of subsoil only
  25. 25Acquisition of part of certain properties
  26. 26Rights under or over streets
  27. 27Temporary use of land for carrying out the authorised project
  28. 28Temporary use of land for maintaining the authorised project
  29. 29Statutory undertakers
  30. 30Recovery of costs of new connections
  31. 31Application of landlord and tenant law
  32. 32Operational land for the purposes of the 1990 Act
  33. 33Felling or lopping of trees and the removal of hedgerows
  34. 34Trees subject to tree preservation orders
  35. 35Public rights of navigation
  36. 36Abatement of works abandoned or decayed
  37. 37Deemed licences under the Marine and Coastal Access Act 2009
  38. 38Saving for Trinity House
  39. 39Crown rights
  40. 40Certification of plans etc.
  41. 41Protective provisions
  42. 42Arbitration
  43. Signature
  44. Schedule 1: AUTHORISED PROJECT
  45. Part 1: Authorised Development
  46. 1Paragraph 1
  47. 2Paragraph 2
  48. 2Ancillary Works
  49. Part 3: Requirements
  50. 1Time limits
  51. 2Detailed offshore design parameters
  52. 3Detailed offshore design parameters
  53. 4Detailed offshore design parameters
  54. 5Detailed offshore design parameters
  55. 6Detailed offshore design parameters
  56. 7Detailed offshore design parameters
  57. 8Detailed offshore design parameters
  58. 9Detailed offshore design parameters
  59. 10Detailed offshore design parameters
  60. 11Detailed offshore design parameters
  61. 12Air traffic services at Warton Aerodrome
  62. 13Primary surveillance radars at St Annes and Lowther Hill
  63. 14Offshore decommissioning
  64. 15Stages of authorised development onshore
  65. 16Detailed design approval onshore
  66. 17Detailed design approval onshore
  67. 18Provision of landscaping
  68. 19Implementation and maintenance of landscaping
  69. 20Highway accesses
  70. 21Public Access Strategy
  71. 22Public rights of way
  72. 23Fencing and other means of enclosure
  73. 24Surface and foul water drainage
  74. 25Contaminated land and contaminated groundwater
  75. 26Archaeology onshore
  76. 27Code of Construction Practice (CoCP)
  77. 28Construction and environmental management plan
  78. 29Emergency response plan
  79. 30European protected species
  80. 31Construction Traffic Management Plan
  81. 32Port Construction Traffic Management Plan (Port CTMP)
  82. 33Construction hours
  83. 34Control of noise during construction
  84. 35Control of noise during operational phase
  85. 36Control of air quality
  86. 37Control of artificial light emissions
  87. 38Flood risk
  88. 39Restoration of land used temporarily for construction
  89. 40Onshore decommissioning
  90. 41Requirement for written approval
  91. 42Amendments to approved details
  92. Schedule 2STREETS SUBJECT TO STREET WORKS
  93. Schedule 3STREETS TO BE TEMPORARILY STOPPED UP
  94. Schedule 4PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
  95. Schedule 5ACCESS TO WORKS
  96. Schedule 6LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  97. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  98. 1Compensation enactments
  99. 2Paragraph 2
  100. 3Application of the 1965 Act
  101. 4Paragraph 4
  102. 5Paragraph 5
  103. 6Paragraph 6
  104. 7Paragraph 7
  105. 8Paragraph 8
  106. 9Paragraph 9
  107. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  108. Schedule 9: DEEMED GENERATOR ASSETS MARINE LICENCE UNDER THE MARINE AND COASTAL ACCESS ACT 2009
  109. Part 1: Licensed Marine Activities
  110. 1Interpretation
  111. 2Details of licensed marine activities
  112. 3Maintenance of authorised project
  113. 4Duration
  114. Part 2: Licence Conditions
  115. 1Design parameters for wind turbines
  116. 2Design Parameters for WTG foundations
  117. 3Design parameters for inter-array cables
  118. 4Design parameters for other deposits
  119. 5Notifications and inspections
  120. 6Reporting of engaged agents, contractors and vessels
  121. 7Equipment and operation of vessels engaged in licensed activities
  122. 8Chemicals, drilling and debris
  123. 9Force majeure
  124. 10Seasonal restrictions in respect of fish spawning
  125. 11Pre-construction plans and documentation
  126. 12Pre-construction surveying and monitoring
  127. 13Construction monitoring
  128. 14Post construction monitoring
  129. 15Offshore Decommissioning
  130. 16Offshore Safety Management
  131. 17Aids to navigation
  132. 18Provision against danger to navigation
  133. 19Requirement for written approval
  134. 20Amendments to approved details
  135. Schedule 10: DEEMED TRANSMISSION ASSETS MARINE LICENCE UNDER THE MARINE AND COASTAL ACCESS ACT 2009
  136. Part 1: Licensed Marine Activities
  137. 1Interpretation
  138. 2Details of licensed marine activities
  139. 3Maintenance of authorised project
  140. 4Duration
  141. Part 2: Licence Conditions
  142. 1Design parameters for offshore substation platforms and export cable systems
  143. 2Design parameters for other deposits
  144. 3Notifications and inspections
  145. 4Reporting of engaged agents, contractors and vessels
  146. 5Equipment and operation of vessels engaged in licensed activities
  147. 6Chemicals, drilling and debris
  148. 7Force majeure
  149. 8Restrictions on works in the Inter-tidal Area
  150. 9Seasonal restrictions in respect of fish spawning
  151. 10Pre-construction plans and documentation
  152. 11Pre-construction surveying and monitoring
  153. 12Construction monitoring
  154. 13Post construction monitoring
  155. 14Offshore Decommissioning
  156. 15Offshore Safety Management
  157. 16Aids to navigation
  158. 17Provision against danger to navigation
  159. 18Requirement for written approval
  160. 19Amendments to approved details
  161. Schedule 11REMOVAL OF IMPORTANT HEDGEROWS
  162. Schedule 12: PROTECTIVE PROVISIONS
  163. Part 1: Protection for Environment Agency
  164. 1Paragraph 1
  165. 2Paragraph 2
  166. 3Paragraph 3
  167. 4Paragraph 4
  168. 5Paragraph 5
  169. 6Paragraph 6
  170. 7Paragraph 7
  171. 8Paragraph 8
  172. 9Paragraph 9
  173. 10Paragraph 10
  174. 11Paragraph 11
  175. Part 2: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  176. 1Paragraph 1
  177. 2Paragraph 2
  178. 3Paragraph 3
  179. 4Paragraph 4
  180. 5Paragraph 5
  181. Part 3: FOR THE PROTECTION OF UTILITY UNDERTAKERS
  182. 1Paragraph 1
  183. 2Paragraph 2
  184. 3Paragraph 3
  185. 4Paragraph 4
  186. 5Paragraph 5
  187. 6Paragraph 6
  188. 7Paragraph 7
  189. 8Paragraph 8
  190. 9Paragraph 9
  191. 10Paragraph 10
  192. Explanatory note