The Norfolk Vanguard Offshore Wind Farm Order 2020
| Jurisdiction | UK Non-devolved |
2020 No. 706
Infrastructure Planning
The Norfolk Vanguard Offshore Wind Farm Order 2020
Made 1st July 2020
Coming into force 22th July 2020
An application has been made to the Secretary of State for an order under section 37 of the Planning Act 2008 (“the 2008 Act”)(1) for an order granting development consent.
The application was examined by the Examining Authority appointed by the Secretary of State pursuant to section 612and 653of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of that Act and with the Infrastructure Planning (Examination Procedure) Rules 20104. The Examining Authority has submitted a report to the Secretary of State under section 74(2)5of the 2008 Act.
The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20096and, as a national policy statement has effect in relation to the proposed development, has had regard to the documents and matters referred to in section 104(2)(7of the 2008 Act.
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.
The Secretary of State 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 and that, accordingly, section 132(3)8of the 2008 Act applies;
The Secretary of State in exercise of the powers conferred by sections 114, 115, 1209, and 149A of the 2008 Act the Secretary of State makes the following Order—
PART 1
Preliminary
Citation and commencement
1. This Order may be cited as the Norfolk Vanguard Offshore Wind Farm Order 2020 and comes into force on 22nd July 2020.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 196110;
“the 1965 Act” means the Compulsory Purchase Act 196511;
“the 1980 Act” means the Highways Act 198012;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 198113;
“the 1989 Act” means the Electricity Act 198914;
“the 1990 Act” means the Town and Country Planning Act 199015;
“the 1991 Act” means the New Roads and Street Works Act 199116;
“the 2003 Act” means the Communications Act 200317;
“the 2004 Act” means the Energy Act 200418;
“the 2008 Act” means the Planning Act 200819;
“the 2009 Act” means the Marine and Coastal Access Act 200920;
“the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 201621;
“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 under article 37 (certification of plans etc);
“accommodation platform” means a fixed structure providing offshore accommodation for personnel;
“ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order and which 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 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;
“authorised project” means the authorised development and the ancillary works authorised by this Order;
“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;
“business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 197122;
“building” includes any structure or erection or any part of a building, structure or erection;
“cable” means any onshore or offshore cable and in respect of any onshore cable includes direct lay cables and/or cables pulled through cable ducts;
“cable ducts” means conduits for the installation of cables and/or fibre optic cables;
“carriageway” has the same meaning as in the 1980 Act;
“commence” means, (a) in relation to works seaward of MHWS, the first carrying out of any licensed marine activities authorised by the deemed marine licences, save for pre-construction surveys and monitoring approved under the deemed marine licences or, (b) in respect of any other works comprised in the authorised project, the first carrying out of any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised project other than operations consisting of site clearance, demolition work, archaeological investigations, environmental surveys, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, temporary hard standing, the temporary display of site notices or advertisements and the words “commencement” and “commenced” must be construed accordingly;
“deemed marine licences” means the marine licences set out in Schedules 9, 10, 11 and 12;
“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands B75 7RL and any successor body to its functions;
“design and access statement” means the document certified as the design and access statement by the Secretary of State for the purposes of this Order under article 37;
“Development Principles” means the document certified as the Development Principles by the Secretary of State for the purposes of this Order under article 37;
“draft marine mammal mitigation protocol” means the document certified as the draft marine mammal mitigation protocol by the Secretary of State for the purposes of this Order under article 37;
“draught height” means the distance between the lowest point of the rotating blade of a wind turbine generator and MHWS;
“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order under article 37;
“gravity base system” means a structure principally of steel, concrete, or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, transition piece, corrosion protection systems, fenders and maintenance equipment, boat access systems, access ladders and access and rest platform(s) and equipment;
“highway” and “highway authority” have the same meaning as in section 1 and section 328(1) of the 1980 Act23;
“horizontal directional drilling” means a trenchless technique for installing an underground duct between two points without the need to excavate vertical shafts;
“important hedgerows plan” means the document certified as the important hedgerows plan by the Secretary of State for the purposes of this Order under article 37;
“in principle Norfolk Vanguard Southern North Sea Special Area of Conservation site integrity plan” means the document certified as the in principle Norfolk Vanguard Southern North Sea Special Area of Conservation site integrity plan by the Secretary of State for the purposes of this Order under article 37;
“interface cables” means buried onshore cables and fibre optic cables which connect the onshore project substation to the National Grid substation;
“jacket foundation” means a steel jacket/lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel pin piles or steel suction caissons and associated equipment including scour protection, J-tubes, transition piece, corrosion protection systems, fenders and maintenance equipment, boat access systems, access ladders and access and rest platform(s) and equipment;
“jointing pit” means an excavation formed to enable the jointing of high voltage power cables and fibre optic cables;
“jointing works” means a process by which two or more cables or fibre optic cables are connected to each other by means of cable joints within a jointing pit;
“landfall” means the location at which the offshore cables and fibre optic cables come ashore;
“land plan” means the plan certified as the land plan by the Secretary of State for the purposes of this Order under article 37;
“LIDAR” means light detection and ranging;
“limits of deviation” means the limits of deviation referred to in article 4 (limits of deviation) for the overhead line modification works comprised in Work No. 11A;
“HAT” means highest astronomical tide;
“maintain” includes inspect, upkeep, repair, adjust, and alter, and further includes remove, reconstruct and replace (but only in relation to any of the ancillary works in Part 2 of Schedule 1 (ancillary works), any cable, any component part of any wind turbine generator, offshore electrical substation, accommodation platform, meteorological mast, and the onshore transmission works described in Part 1 of Schedule 1 (authorised development) not including the removal, reconstruction or replacement of foundations and buildings associated with the onshore project substation), to the extent assessed in the environmental statement; and “maintenance” is construed accordingly;
“MCA” means the Maritime and Coastguard Agency;
“mean high water springs” or “MHWS” or means the highest level which spring tides reach on average...
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