The Galloper Wind Farm Order 2013

JurisdictionUK Non-devolved

2013 No. 1203

Infrastructure Planning

The Galloper Wind Farm Order 2013

Made 24th May 2013

Coming into force 15th June 2013

An application has been made to the Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20091for an Order under sections 37, 114, 115, 120 and 149A of the Planning Act 2008 (“the 2008 Act”)2;

The application was examined by a Panel appointed as the Examining authority by the Chair of the Infrastructure Planning Commission pursuant to Chapter 2 of Part 6 of the 2008 Act, and following the abolition of the Commission, by the Secretary of State3, and the examination was carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules4;

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considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act, made a report and recommendation to the Secretary of State;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

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

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Galloper Wind Farm Order 2013 and shall come into force on 15th June 2013.

S-2 Interpretation

Interpretation

2.—(1) Except for Schedule 2 (Deemed Licence under the Marine and Coastal Access Act 2009), which is subject to the definitions in that Schedule, in this Order—

the 1961 Act” means the Land Compensation Act 19615;

the 1965 Act” means the Compulsory Purchase Act 19656;

“the 1980 Act” means the Highways Act 19807;

“the 1990 Act” means the Town and Country Planning Act 19908;

“the 1991 Act” means the New Roads and Street Works Act 19919;

“the 2004 Act” means the Energy Act 200410;

the 2008 Act” means the Planning Act 2008;

“the 2009 Act” means the Marine and Coastal Access Act 200911;

“accommodation platform” means a platform housing or incorporating temporary accommodation including mess facilities, landing points for vessels and helicopters, standby electricity generation equipment, marking and lighting and other equipment and facilities to assist in the coordination of emergency marine activities related to the authorised development;

“ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) which are not development within the meaning of section 32 of the 2008 Act;

“authorised development” means the development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;

“the authorised project” means the authorised development and the ancillary works authorised by this Order;

“the 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;

“carriageway” has the same meaning as in the 1980 Act;

“collection platform” means a platform housing or incorporating electrical switchgear and/or electrical transformers, J-tubes, marking and lighting and other equipment and facilities to enable the electrical connection of electrical cables from multiple WTGs to be collected at, and exported from, the platform in one or more cables;

“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;

“the deemed Marine Licence” means the licence set out in Schedule 2 and deemed by article 10 to have been granted under Part 4 of the 2009 Act, by virtue of section 149A of the 2008 Act;

“EDF Energy” means EDF Energy (UK) Limited (company number 02622406) and any group company of EDF Energy (UK) Limited which holds property and is a licensed holder for any of the purposes under section 6 of the Electricity Act 1989 at Sizewell, and for the purposes of this definition “group company” means any company which is a company within the meaning of section 42 of the Landlord and Tenant Act 1954 including EDF Energy Nuclear Generation Limited (company number 03076445) and NNB Generation Company Limited (company number 06937084);

“electric line” has the same meaning as in section 235 of the 2008 Act;

“electrical substation compound” means a compound containing electrical equipment including switchgear, transformers, reactive compensation equipment, harmonic filters, cables, control buildings, communications masts, back-up generators, access, fencing and other associated equipment or structures;

“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 on 21 November 2011 and the environmental information contained in the clarifications, corrections and omissions document accepted by the Examining authority as a late submission, together with the table of environmental mitigation measures in relation to protected species dated 16 July 2012 and the two tables of offshore and onshore environmental mitigation measures dated 16 July 2012 submitted to the Examining authority, as part of the examination of the application for this Order;

“examination” means the examination under Chapter 4 in Part 6 of the 2008 Act into the application for this Order;

“Examining authority” means the Examining authority appointed under Chapter 2 in Part 6 of the 2008 Act to examine the application for this Order;

“gravity base foundation” means a structure principally of concrete which rests on the seabed due to its own weight and that of added ballast, with or without additional drilled pins or other additional fixings, which may include an integrated transition piece, and associated equipment including J-tube and access platforms and equipment;

“highway” and “highway authority” have the same meaning as in the 1980 Act;

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

“maintain” includes maintain, upkeep, inspect, repair, adjust, alter, relay and remove and any derivative of “maintain” is to be construed accordingly;

“MCA” means the Maritime and Coastguard Agency;

“mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;

“mean low water spring tides” or “MLWST” means the average of the low water heights occurring at the time of spring tides which is also the outermost extent of the local planning authority jurisdiction;

“meteorological mast” means a mast housing or incorporating equipment to measure wind speed and other wind characteristics, including a topside housing electrical switchgear and communication equipment and associated equipment, and marking and lighting;

“MMO” means the Marine Management Organisation;

“monopile foundation” means a metal pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including J-tube and access-related equipment;

“offshore substation platform” means a platform with one or more decks, whether open or fully clad, accommodating medium to high voltage electrical power transformers, medium and/or high voltage switch gear, helicopter landing facilities, re-fuelling facilities, portable water storage, black water separation equipment, instrumentation, metering equipment, control systems, standby electrical generation equipment, auxiliary and uninterruptible power supply systems, emergency accommodation including mess facilities, craneage, control hub, drainage facilities, access equipment, marking and lighting and other associated equipment and facilities;

“Order land” means the land shown on the land plan which is within the limits of land to be acquired and described in the book of reference;

“the Order limits” means the limits shown on the Order limits plan within which the authorised project may be carried out, whose grid coordinates seaward of MHWS are set out in paragraph 3 of Part 1 of Schedule 1 (authorised development) of this Order;

“Order limits plan” means the plan certified as the Order limits plan by the Secretary of State for the purposes of this Order;

“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 198112;

“relevant planning authority” means Suffolk Coastal District Council;

“Renewable Energy Zone” means the areas of the sea designated under the Renewable Energy Zone (Designation of Area) Order 200413;

“the Requirements” means the requirements set out in Part 3 of Schedule 1 (Requirements) to this Order;

“scheduled works” means the works numbered 1(a), 2, 3A, 3B, 4 to 7, 8A, 8B, 9A, 9B, 10 and 11 specified in Part 1 of Schedule 1 to this Order;

“space frame foundation” means a metal jacket/lattice-type structure, including between three to six legs, which is fixed to the seabed with driven piles and/or drilled pins and/or weights and/or suction cans or additional fixings, which may include an integrated transition piece, and associated equipment including J-tube and access platforms and equipment;

“statutory undertaker” means any person falling within section 127(8), 128(5) or 129(2) of the 2008 Act (which make provision about orders affecting statutory undertakers’ land);

“street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3...

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