The Rampion Offshore Wind Farm Order 2014

Publication Date:January 01, 2014
 
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2014No. 1873

INFRASTRUCTURE PLANNING

The Rampion Offshore Wind Farm Order 2014

16thJuly2014

6thAugust2014

An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009( 1) for an Order under sections 114, 115, 120, and 149A of the Planning Act 2008( 2) ("the 2008 Act");

The application was examined by a Panel appointed as an Examining authority by the Secretary of State pursuant to Chapter 4 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010( 3);

The Examining authority, having considered the application with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act made a report and recommendation to the Secretary of State;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 which in his opinion do not make substantial change to the proposals;

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-

Citation and commencement

1. This Order may be cited as the Rampion Offshore Wind Farm Order and shall come into force on 6th August 2014.

Interpretation

2. (1) In this Order-

"the 1961 Act" means the Land Compensation Act 1961( 4);

"the 1965 Act" means the Compulsory Purchase Act 1965( 5);

"the 1980 Act" means the Highways Act 1980( 6);

"the 1981 Act" means the Compulsory Purchase (Vesting Declarations) Act 1981( 7);

"the 1990 Act" means the Town and Country Planning Act 1990( 8);

"the 1991 Act" means the New Roads and Street Works Act 1991( 9);

"the 2004 Act" means the Energy Act 2004( 10);

"the 2008 Act" means the Planning Act 2008;

"the 2009 Act" means the Marine and Coastal Access Act 2009( 11);

"access land" has the same meaning as in Part 1 of the Countryside and Rights of Way Act 2000( 12);

"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 of Schedule 1 (ancillary works) and which are not development within the meaning of section 32 of the 2008 Act;

"approval authority" means a person or body that is responsible for approving details pursuant to a requirement in Part 3 of Schedule 1 (requirements);

"array" means Work Nos. 1 and 2;

"authorised development" means the development and associated development described in Part 1 of Schedule 1 (authorised development), 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;

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

"cable ducts" means conduits for the installation of cables;

"carriageway" has the same meaning as in the 1980 Act;

"circuit" means up to three cables installed inside separate cable ducts, which are grouped together in a trefoil arrangement;

"commence", unless otherwise provided for, means-

(a) in relation to works seaward of MHWS, beginning to carry out any licensed marine activities authorised by the deemed marine licences other than pre-construction surveys or monitoring;

(b) in respect of any other works comprised in the authorised project, any material operation (as defined in section 56(4) of the 1990 Act) forming part of the authorised project other than operations consisting of site clearance (excluding stripping of soil and the removal of trees and hedgerows), 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, the temporary display of site notices or advertisements,

and "commencement" shall be construed accordingly;

"connection works" means Work Nos. 3B to 32 and any related further associated development including, in relation to cable laying, jointing bays, manholes, marker posts and other works associated with cable laying;

"construction compound" means a secure construction site associated with the connection works including hard standings, lay down and storage areas for construction materials and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas for welfare facilities including offices and canteen and washroom facilities, workshop facilities and temporary fencing or other means of enclosure and areas for other facilities required for construction purposes;

"construction laydown area" means a temporary secure storage area associated with the connection works that is moveable and positioned at locations along the working width, for materials, plant and equipment, which may include vehicle parking, wheel washing facilities and mobile units comprising access control room and welfare facilities;

"deemed array marine licence" means the licence set out in Schedule 13 (deemed licence under the Marine and Coastal Access Act 2009 - array) and deemed by article 11 (deemed marine licences under the Marine and Coastal Access Act 2009) to have been granted under Part 4 of the 2009 Act, by virtue of section 149A of the 2008 Act;

"deemed export cables marine licence" means the licence set out in Schedule 14 (deemed licences under the Marine and Coastal Access Act 2009 - export cables) and deemed by article 11 (deemed marine licence under the Marine and Coastal Access Act 2009) to have been granted under Part 4 of the 2009 Act, by virtue of section 149A of the 2008 Act;

"deemed marine licences" means one or both of the deemed array marine licence and the deemed export cables marine licence;

"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 1 March 2013;

"European protected species" has the same meaning as in regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010( 13);

"export cables", except where otherwise provided for, means Work No. 3A;

"footpath stopping up and diversion plan" means the plan certified as the footpath stopping up and diversion plan by the Secretary of State for the purposes of this Order;

"gravity base foundation" means a structure principally of concrete, steel or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or skirts, including associated sea bed preparation, scour protection, J-tubes, corrosion protection systems, boat landings comprising an access ladder with vertical boat fenders fitted either side and work platforms and equipment;

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

"horizontal directional drilling compound" means a secure construction site associated with the connection works where horizontal directional drilling is proposed including hard standings, lay down and storage areas for construction materials and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas for welfare facilities including offices and canteen and washroom facilities, wheel washing facilities, workshop facilities and temporary fencing or other means of enclosure and areas for other facilities required for construction purposes;

"horizontal directional drilling exit compound" means a secure construction site associated with the connection works at the exit point where horizontal directional drilling is proposed including hard standings, lay down and storage areas for construction materials and equipment, areas for temporary fencing or other means of enclosure and areas for other facilities required for construction purposes;

"Hydrographic Office" means the United Kingdom Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

"IBGS foundation" means an Inward Battered Guide Structure foundation, a jacket-type concrete, steel or steel and concrete structure which is pre-fabricated with three tubular raking legs, which is installed over a pre-driven central pile, with up to three smaller diameter raking piles driven through the legs to pin the foundation to the seabed, including associated scour protection, J-tubes, corrosion protection systems, boat landings comprising an access ladder with vertical boat fenders fitted either side, access and work platforms and equipment;

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

"jacket foundation" means a jacket/lattice type structure constructed of concrete, steel or steel and concrete which is fixed to the seabed at three or more points with driven or pre-installed piles or suction cans, including associated scour protection, J-tubes, corrosion protection systems, boat landings comprising an access ladder with vertical boat fenders fitted either side, access and work platforms and equipment;

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

"LAT" means lowest astronomical tide;

"maintain", unless otherwise provided for, includes inspect, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works and any component part of any wind turbine generator or offshore substation described in Part 1 of Schedule 1 (authorised development) to the extent assessed in the environmental statement, and...

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