The Walney Extension Offshore Wind Farm Order 2014
S.I. 2014/2950 · Made 7 November 2014 · Extends to England and Wales
Infrastructure Planning
Made 7th November 2014
Coming into force 28th November 2014
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having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act, made a report and recommendation to the Secretary of State;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
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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
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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 Sections 128, 129 and 137 were repealed by the Growth and Infrastructure Act 2013.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
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S.I. 2010/103, as amended by S.I. 2012/635.
Contents
- 1Citation and commencement
- 2Interpretation
- 3Development consent etc. granted by the Order
- 4Maintenance of authorised project
- 5Benefit of the Order
- 6Operation of generating station
- 7Application of the Hedgerows Regulations 1997
- 8Defence to proceedings in respect of statutory nuisance
- 9Requirements, appeals etc.
- 10Street works
- 11Temporary stopping up of streets
- 12Temporary stopping up of public rights of way
- 13Access to works
- 14Agreements with street authorities
- 15Discharge of water
- 16Protective work to buildings
- 17Authority to survey and investigate the land
- 18Removal of human remains
- 19Compulsory acquisition of land
- 20Time limit for exercise of authority to acquire land compulsorily
- 21Compulsory acquisition of rights
- 22Private rights
- 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 24Acquisition of subsoil only
- 25Acquisition of part of certain properties
- 26Rights under or over streets
- 27Temporary use of land for carrying out the authorised project
- 28Temporary use of land for maintaining the authorised project
- 29Statutory undertakers
- 30Recovery of costs of new connections
- 31Application of landlord and tenant law
- 32Operational land for the purposes of the 1990 Act
- 33Felling or lopping of trees and the removal of hedgerows
- 34Trees subject to tree preservation orders
- 35Public rights of navigation
- 36Abatement of works abandoned or decayed
- 37Deemed licences under the Marine and Coastal Access Act 2009
- 38Saving for Trinity House
- 39Crown rights
- 40Certification of plans etc.
- 41Protective provisions
- 42Arbitration
- Signature
- Schedule 1: AUTHORISED PROJECT
- Part 1: Authorised Development
- 1Paragraph 1
- 2Paragraph 2
- 2Ancillary Works
- Part 3: Requirements
- 1Time limits
- 2Detailed offshore design parameters
- 3Detailed offshore design parameters
- 4Detailed offshore design parameters
- 5Detailed offshore design parameters
- 6Detailed offshore design parameters
- 7Detailed offshore design parameters
- 8Detailed offshore design parameters
- 9Detailed offshore design parameters
- 10Detailed offshore design parameters
- 11Detailed offshore design parameters
- 12Air traffic services at Warton Aerodrome
- 13Primary surveillance radars at St Annes and Lowther Hill
- 14Offshore decommissioning
- 15Stages of authorised development onshore
- 16Detailed design approval onshore
- 17Detailed design approval onshore
- 18Provision of landscaping
- 19Implementation and maintenance of landscaping
- 20Highway accesses
- 21Public Access Strategy
- 22Public rights of way
- 23Fencing and other means of enclosure
- 24Surface and foul water drainage
- 25Contaminated land and contaminated groundwater
- 26Archaeology onshore
- 27Code of Construction Practice (CoCP)
- 28Construction and environmental management plan
- 29Emergency response plan
- 30European protected species
- 31Construction Traffic Management Plan
- 32Port Construction Traffic Management Plan (Port CTMP)
- 33Construction hours
- 34Control of noise during construction
- 35Control of noise during operational phase
- 36Control of air quality
- 37Control of artificial light emissions
- 38Flood risk
- 39Restoration of land used temporarily for construction
- 40Onshore decommissioning
- 41Requirement for written approval
- 42Amendments to approved details
- Schedule 2STREETS SUBJECT TO STREET WORKS
- Schedule 3STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 4PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
- Schedule 5ACCESS TO WORKS
- Schedule 6LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Compensation enactments
- 2Paragraph 2
- 3Application of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 9: DEEMED GENERATOR ASSETS MARINE LICENCE UNDER THE MARINE AND COASTAL ACCESS ACT 2009
- Part 1: Licensed Marine Activities
- 1Interpretation
- 2Details of licensed marine activities
- 3Maintenance of authorised project
- 4Duration
- Part 2: Licence Conditions
- 1Design parameters for wind turbines
- 2Design Parameters for WTG foundations
- 3Design parameters for inter-array cables
- 4Design parameters for other deposits
- 5Notifications and inspections
- 6Reporting of engaged agents, contractors and vessels
- 7Equipment and operation of vessels engaged in licensed activities
- 8Chemicals, drilling and debris
- 9Force majeure
- 10Seasonal restrictions in respect of fish spawning
- 11Pre-construction plans and documentation
- 12Pre-construction surveying and monitoring
- 13Construction monitoring
- 14Post construction monitoring
- 15Offshore Decommissioning
- 16Offshore Safety Management
- 17Aids to navigation
- 18Provision against danger to navigation
- 19Requirement for written approval
- 20Amendments to approved details
- Schedule 10: DEEMED TRANSMISSION ASSETS MARINE LICENCE UNDER THE MARINE AND COASTAL ACCESS ACT 2009
- Part 1: Licensed Marine Activities
- 1Interpretation
- 2Details of licensed marine activities
- 3Maintenance of authorised project
- 4Duration
- Part 2: Licence Conditions
- 1Design parameters for offshore substation platforms and export cable systems
- 2Design parameters for other deposits
- 3Notifications and inspections
- 4Reporting of engaged agents, contractors and vessels
- 5Equipment and operation of vessels engaged in licensed activities
- 6Chemicals, drilling and debris
- 7Force majeure
- 8Restrictions on works in the Inter-tidal Area
- 9Seasonal restrictions in respect of fish spawning
- 10Pre-construction plans and documentation
- 11Pre-construction surveying and monitoring
- 12Construction monitoring
- 13Post construction monitoring
- 14Offshore Decommissioning
- 15Offshore Safety Management
- 16Aids to navigation
- 17Provision against danger to navigation
- 18Requirement for written approval
- 19Amendments to approved details
- Schedule 11REMOVAL OF IMPORTANT HEDGEROWS
- Schedule 12: PROTECTIVE PROVISIONS
- Part 1: Protection for Environment Agency
- 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 OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part 3: FOR THE PROTECTION OF UTILITY UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Explanatory note