The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

Publication Date:January 01, 2015
 
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2015No. 318

INFRASTRUCTURE PLANNING

The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

17thFebruary2015

11thMarch2015

An application under section 37 of the Planning Act 2008( 1) (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.

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 2009( 2) and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

The Secretary of State is satisfied that the special category land (as defined in article 34 of the Order), when burdened with the order rights (as defined in that article), will be no less advantageous that it was before to the persons in whom it is vested; other persons, if any, entitled to rights of common or other rights; and the public and that, accordingly, section 132(3) of the 2008 Act applies.

The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application with modifications that in the opinion of the Secretary of State do not make any substantial change to the proposals.

Accordingly, the Secretary of State, in exercise of the powers in sections 114 and 120 of the 2008 Act, makes the following Order:

PART 1

Preliminary

Citation and commencement

1. This Order may be cited as the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 and comes into force on 11th March 2015.

Interpretation

2.-(1) In this Order-

"1961 Act" means the Land Compensation Act 1961( 3);

"1965 Act" means the Compulsory Purchase Act 1965( 4);

"1980 Act" means the Highways Act 1980( 5);

"1990 Act" means the Town and Country Planning Act 1990( 6);

"1991 Act" means the New Roads and Street Works Act 1991( 7);

"2004 Act" means the Energy Act 2004( 8);

"2008 Act" means the Planning Act 2008;

"2009 Act" means the Marine and Coastal Access Act 2009( 9);

"access to works plan" means the plan certified as the access to works plan by the Secretary of State for the purposes of this Order;

"ancillary works" means the ancillary works described in Part 2 (ancillary works) of Schedule 1 (authorised project) and any other works authorised by the Order that are not development within the meaning of section 32 of the 2008 Act;

"array area" means the area within which Work No. 1A or 1B may be constructed, which are the areas enclosed within a straight line drawn between points whose co-ordinates are set out in Tables 1A and 1B in Part 1 (authorised development) of Schedule 1 and which are shown on the offshore works plans;

"authorised development" means the development and associated development described in Part 1 of Schedule 1 and any other development authorised by this Order that is development within the meaning of section 32 of the 2008 Act;

"authorised project" means the authorised development and the ancillary works;

"Bizco 1" means Doggerbank Project 1 Bizco Limited (company number 7791991)( 10);

"Bizco 4" means Doggerbank Project 4 Bizco Limited (company number 7914510)( 11);

"book of reference" means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

"building" includes any structure or erection or any part of a building, structure or erection;

"cable" includes, in respect of any onshore cable, direct lay cables and cables laid in cable ducts; and in respect of any onshore or offshore cable, includes fibre-optic cables;

"cable crossings" means the crossing of existing subsea cables and pipelines by the inter-array, interconnecting or export cables authorised by this Order together with physical protection measures including cable protection;

"cable protection" means measures to protect cables from physical damage and exposure due to loss of seabed sediment, including, but not limited to, the use of bagged solutions filled with grout or other materials, protective aprons or coverings, mattresses, flow energy dissipation devices or rock and gravel burial;

"carriageway" has the same meaning as in the 1980 Act( 12);

"combined platform" means a single offshore platform constructed in an array area comprising 2 or more of the following-

(a) an offshore collector platform;(b) an offshore converter platform;(c) an offshore accommodation or helicopter platform;

"commence" means-

(a) in relation to any marine activities licensed by Marine Licences 1 to 4, begin to carry out any of those activities, except for pre-construction surveys and monitoring in respect of the authorised development;(b) in any other case, begin to carry out any material operation (as defined in section 155 of the 2008 Act) in respect of the authorised development or forming part of the authorised project, except for operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, the diversion and laying of services, the erection of any temporary means of enclosure or the temporary display of site notices or advertisements;

and "commencement" and "commenced" must be construed accordingly;

"commercial operation" means-

(a) in relation to Project A, the exporting, on a commercial basis, of electricity from the wind turbine generators comprised within Project A;(b) in relation to Project B, the exporting, on a commercial basis, of electricity from the wind turbine generators comprised within Project B;(c) in relation to any other part of the authorised project, the exporting, transmission or conversion, on a commercial basis, of electricity;

"compulsory acquisition notice" means a notice served in accordance with section 134 of the 2008 Act( 13);

"construction compound" means a secure temporary construction area associated with the onshore works, including temporary fencing, lighting and ground preparation, to be used for the location of site offices; general storage; storage of plant, cable drums, ducting and other construction materials; welfare facilities; car parking; waste management; lay-down areas; bunded generators and fuel storage or any other means of enclosure and areas for other facilities required for construction purposes;

"Dogger Bank Zone" means the Dogger Bank Offshore Wind Farm Zone located in the North Sea between 125 and 290 kilometres off the coast of the East Riding of Yorkshire and extending over an area of approximately 8,660 square kilometres;

"draft fisheries liaison plan" means the document certified as the draft fisheries liaison plan by the Secretary of State for the purposes of this Order;

"draft landscaping scheme" means the document certified as the draft landscaping scheme by the Secretary of State for the purposes of this Order;

"electrical converter substation and compound" means an electrical converter housed within 1 or more converter halls and a compound containing electrical equipment including power transformers, switchgear, reactive compensation equipment, harmonic filters, cables, lightning protection systems including masts, control buildings, communications masts, back-up generators, access, fencing and other associated equipment, structures or buildings;

"environmental statement" means the document certified as the environmental statement by the Secretary of State for the purposes of this Order and submitted with the application together with any supplementary or further environmental information submitted in support of the application;

"gravity base foundation" means a foundation type that rests on the seabed and supports the wind turbine generator, meteorological station or offshore platform primarily due to its own weight and that of added ballast, with or without skirts or other additional fixings, which may include associated equipment including J-tubes and access platforms and separate topside connection structures or an integrated transition piece. (Sub-types for wind turbine generators and meteorological stations include conical gravity base and flat-based gravity base foundations. Sub-types for platforms include offshore platform conical or flat-base gravity base foundations and offshore platform semi-submersible gravity base foundations);

"highway" and "highway authority" have the same meaning as in the 1980 Act( 14);

"horizontal directional drilling" is a steerable trenchless method of installing underground pipes, ducts and cables in a shallow arc along a prescribed underground bore path by using a surface-launched drill;

"HVAC" means high voltage alternating current;

"HVDC" means high voltage direct current;

"In Principle Monitoring Plan" means the document certified as the In Principle Monitoring Plan by the Secretary of State for the purposes of this Order;

"land plan" means the plan certified as the land plan by the Secretary of State for the purposes of this Order;

"limits of deviation" means the limits of deviation shown on the onshore works plans within which the onshore works may be constructed as part of the authorised development;

"maintain" includes upkeep, inspect, repair, adjust, alter, relay and remove, to the extent assessed in the environmental statement; and any derivative of maintain must be construed accordingly;

"Marine Licence 1" means the marine licence in Schedule 8 (Marine Licence 1: Project A Offshore (Generation - Works No. 1A and 2T));

"Marine Licence 2" means the marine licence in Schedule 9 (Marine Licence 2: Project B Offshore (Generation - Works No. 1B and 2T));

"Marine Licence 3" means the marine licence in Schedule 10 (Marine Licence 3: Project A Offshore (Transmission - Works No. 2A, 3A...

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