The Norfolk Vanguard Offshore Wind Farm Order 2020

Publication Date:January 01, 2020
 
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2020No. 706

INFRASTRUCTURE PLANNING

The Norfolk Vanguard Offshore Wind Farm Order 2020

Made1stJuly2020

Coming into force22ndJuly2020

CONTENTS

PART 1

Preliminary

1. Citation and commencement

2. Interpretation

PART 2

Principal Powers

3. Development consent etc. granted by the Order

4. Limits of deviation

5. Power to construct and maintain authorised project

6. Benefit of the Order

7. Application and modification of legislative provisions

8. Defence to proceedings in respect of statutory nuisance

PART 3

Streets

9. Street works

10. Public rights of way

11. Temporary stopping up of streets

12. Access to works

13. Agreements with street authorities

14. Application of the 1991 Act

PART 4

Supplemental Powers

15. Discharge of water and works to watercourses

16. Authority to survey and investigate the land onshore

17. Removal of human remains

PART 5

Powers of Acquisition

18. Compulsory acquisition of land

19. Time limit for exercise of authority to acquire land compulsorily

20. Compulsory acquisition of rights

21. Private rights

22. Application of the 1981Act

23. Application of Part 1 of the Compulsory Purchase Act 1965

24. Acquisition of subsoil or airspace only

25. Rights under or over streets

26. Temporary use of land for carrying out the authorised project

27. Temporary use of land for maintaining authorised project

28. Extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession

29. Statutory undertakers

30. Recovery of costs of new connections

PART 6

Operations

31. Operation of generating station

32. Deemed marine licences under the 2009 Act

PART 7

Miscellaneous and General

33. Application of landlord and tenant law

34. Operational land for purposes of the 1990 Act

35. Felling or lopping of trees and removal of hedgerows

36. Trees subject to tree preservation orders

37. Certification of plans etc

38. Arbitration

39. Procedure in relation to certain approvals etc

40. Abatement of works abandoned or decayed

41. Saving provisions for Trinity House

42. Crown rights

43. Protective provisions

SCHEDULES

SCHEDULE 1

—Authorised Project

PART 1

—Authorised Development

PART 2

—Ancillary Works

PART 3

—Requirements

SCHEDULE 2

—Streets subject to Street Works

SCHEDULE 3

—Public Rights of Way to be temporarily stopped up

SCHEDULE 4

—Streets to be stopped up

SCHEDULE 5

—Access to Works

SCHEDULE 6

—Land in which only New Rights etc., may be acquired

SCHEDULE 7

—Modification of compensation and compulsory purchase enactments for creation of new rights

SCHEDULE 8

—Land of which temporary possession may be taken

SCHEDULE 9

—Deemed Licence under the 2009 Act – Generation Assets (Licence 1 – Phase 1)

PART 1

—Interpretation

PART 2

—Licensed Marine Activities – General

PART 3

—Details of Licensed Marine Activities

PART 4

—Conditions

SCHEDULE 10

—Deemed Licence under the 2009 Act – Generation Assets (Licence 2 – Phase 2)

PART 1

—Interpretation

PART 2

—Licensed Marine Activities – General

PART 3

—Details of Licensed Marine Activities

PART 4

—Conditions

SCHEDULE 11

—Deemed Licence under the 2009 Act – Transmission Assets (Licence 1 – Phase 1)

PART 1

—Interpretation

PART 2

—Licensed Marine Activities – General

PART 3

—Details of Licensed Marine Activities

PART 4

—Conditions

SCHEDULE 12

—Deemed Licence under the 2009 Act – Transmission Assets (Licence 2 – Phase 2)

PART 1

—Interpretation

PART 2

—Licensed Marine Activities – General

PART 3

—Details of Licensed Marine Activities

PART 4

—Conditions

SCHEDULE 13

—Hedgerows

PART 1

—Removal of Potentially Important Hedgerows

PART 2

—Removal of Important Hedgerows

PART 3

—Removal of Hedgerows

SCHEDULE 14

—ARBITRATION RULES

SCHEDULE 15

—Procedure for discharge of Requirements

SCHEDULE 16

—PROTECTIVE PROVISIONS

PART 1

—Protection for electricity, gas, water and sewerage undertakers

PART 2

—For the Protection of National Grid as Electricity and Gas Undertaker

PART 3

—For the Protection of Cadent Gas Limited as Gas Undertaker

PART 4

—Protection for Operators of Electronic Communications Code Networks

PART 5

—Protection of Network Rail Infrastructure Limited

PART 6

—For the Protection of Anglian Water Services Limited

PART 7

—For the protection of the Environment Agency and drainage authorities

PART 8

—For the protection of Ørsted Hornsea Project Three (UK) Ltd

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 61( 2) and 65( 3) of 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 2010( 4). The Examining Authority has submitted a report to the Secretary of State under section 74(2)( 5) of 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 2009( 6) and, 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)(( 7) of 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)( 8) of the 2008 Act applies;

The Secretary of State in exercise of the powers conferred by sections 114, 115, 120( 9), 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 1961( 10);

“the 1965 Act” means the Compulsory Purchase Act 1965( 11);

“the 1980 Act” means the Highways Act 1980( 12);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981( 13);

“the 1989 Act” means the Electricity Act 1989( 14);

“the 1990 Act” means the Town and Country Planning Act 1990( 15);

“the 1991 Act” means the New Roads and Street Works Act 1991( 16);

“the 2003 Act” means the Communications Act 2003( 17);

“the 2004 Act” means the Energy Act 2004( 18);

“the 2008 Act” means the Planning Act 2008( 19);

“the 2009 Act” means the Marine and Coastal Access Act 2009( 20);

“the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016( 21);

“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 1971( 22);

“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 licencesâ€...

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