Paragraph 13 Primary surveillance radars at St Annes and Lowther HillI1

No construction of any wind turbine generator forming part of the authorised development shall commence until the Secretary of State, having consulted with the Operator, confirms in writing that he is satisfied that a primary radar mitigation scheme will be implemented in order to avoid the impact of the development on the primary radar of the Operator located at St Annes and Lowther Hill and on associated air traffic management operations.

No construction of any wind turbine generator forming part of the authorised development shall commence until the Operator has confirmed to the Secretary of State that an approved primary radar mitigation scheme has been implemented and the development shall thereafter be operated fully in accordance with such approved scheme.

For the purposes of this Requirement—

• “Operator” means NATS (En Route) plc, incorporated under the Companies Act 2006 (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hampshire, 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);

• “primary radar mitigation scheme” means a scheme agreed with the Operator which sets out the measures to prevent or remove any adverse impacts which the operation of the proposed development will have on the Operator’s ability to provide safe and efficient air traffic management services from the St Annes and Lowther Hill primary radars.