The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/1592 |
2015No. 1592
INFRASTRUCTURE PLANNING
The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015
4thAugust2015
26thAugust2015
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 than 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 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 in section 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 Teesside A and B Offshore Wind Farm Order 2015 and comes into force on 26th August 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);
"ancillary works" means the ancillary works described in Part 2 (ancillary works) of Schedule 1 (authorised project) and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;
"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 2" means Doggerbank Project 2 Bizco Limited (company number 07791977)( 10);
"Bizco 3" means Doggerbank Project 3 Bizco Limited (company number 07791964)( 11);
"book of reference" means the book of reference certified as the book of reference by the Secretary of State under article 42 (certification of plans and documents, etc.);
"building" includes any structure or erection or any part of a building, structure or erection;
"cable" includes, in respect of an onshore cable, a direct-lay cable and a cable laid in a cable duct and, in respect of an onshore or offshore cable, a fibre-optic cable;
"cable crossing" means the crossing of existing subsea cables and pipelines by the inter-array, inter-platform 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 are 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 combining 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 marine activities licensed by Marine Licences 1 to 4, begin to carry out any of those activities except for pre-construction surveys and monitoring;
(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, 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 and the temporary display of site notices or advertisements;
and "commencement" 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 in Project A;
(b) in relation to Project B, the exporting, on a commercial basis, of electricity from the wind turbine generators comprised in Project B;
(c) in relation to any other part of the authorised project, the exporting, transmission or conversion, on a commercial basis, of electricity;
"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 of areas required for construction purposes;
"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 under article 42 together with any supplementary or further environmental information submitted in support of the application for this Order;
"gravity base foundation" means a foundation type that rests on the seabed and supports a 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" has the same meaning as in the 1980 Act( 13);
"highway authority" has the same meaning as in the 1980 Act( 14);
"HVAC" means high voltage alternating current;
"HVDC" means high voltage direct current;
"land plans" means the plans certified as the offshore and onshore land plans by the Secretary of State under article 42;
"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 - Work Nos. 1A and 2T);
"Marine Licence 2" means the marine licence in Schedule 9 (Marine Licence 2: Project B Offshore Generation - Work Nos. 1B and 2T);
"Marine Licence 3" means the marine licence in Schedule 10 (Marine Licence 3: Project A Offshore Transmission - Work Nos. 2A, 3A and 2T);
"Marine Licence 4" means the marine licence in Schedule 11 (Marine Licence 4: Project B Offshore Transmission - Work Nos. 2B, 3B and 2T);
"MCA" means the Maritime and Coastguard Agency;
"meteorological mast" or "meteorological station" means a fixed or floating structure housing or incorporating equipment to measure wind speed and other meteorological and oceanographic characteristics, including a topside which may house electrical switchgear and communication equipment and associated equipment, and marking and lighting;
"MHWS" (mean high water springs) means the highest level that spring tides reach on average over a period of time;
"MLWS" (mean low water springs) means the average of the low water heights occurring at the time of spring tides (which is also the outermost extent of the relevant planning authority's jurisdiction);
"MMO" means the Marine Management Organisation;
"monopole foundation" means a foundation option based around a single vertical pillar structure driven, drilled, or embedded into the seabed by means such as suction or gravity. This main support structure may change in diameter via tapers and abrupt steps. (Sub-types for wind turbine generators and meteorological stations include monopole with steel monopile footing, monopole with concrete monopile footing and monopole with a single suction-installed bucket footing);
"multi-leg foundation" means a foundation option based around structures with several legs or footings. This includes jackets, tripods and other structures which include multiple large tubulars, cross-bracing or lattices. Multi-leg foundations may be fixed to the seabed by footings which are driven, drilled, screwed...
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