The Triton Knoll Electrical System Order 2016
| Jurisdiction | UK Non-devolved |
| Citation | SI 2016/880 |
| Year | 2016 |
2016 No. 880
Infrastructure Planning
The Triton Knoll Electrical System Order 2016
Made 5th September 2016
Coming into force 27th September 2016
On 14th November 2013 the Secretary of State gave a direction under section 35 of the Planning Act 20081(the “2008 Act”) that the development set out in a letter from RWE Npower Renewables Limited (now RWE Innogy UK Limited) received on 25th October 2013, together with any matters associated with it, be treated as development for which development consent is required.
An application under section 37 of the 2008 Act has been made to the Secretary of State for an order granting development consent for the development referred to in the direction.
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. After receiving the report, the Secretary of State requested further information from various persons.
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 20092and has had regard to the documents and matters referred to in section 105(2) of the 2008 Act.
The Secretary of State is satisfied that the special category land (as defined in article 30 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 conferred by sections 114 and 120 of the 2008 Act, makes the following Order:
PART 1
Preliminary
Citation and commencement
1.—(1) This Order may be cited as the Triton Knoll Electrical System Order 2016.
(2) This Order comes into force on 27th September 2016.
Interpretation
2.—(1) In this Order—
“1961 Act” means the Land Compensation Act 19613;
“1965 Act” means the Compulsory Purchase Act 19654;
“1980 Act” means the Highways Act 19805;
“1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19816;
“1989 Act” means the Electricity Act 19897;
“1990 Act” means the Town and Country Planning Act 19908;
“1991 Act” means the New Roads and Street Works Act 19919;
“2008 Act” means the Planning Act 2008;
“2009 Act” means the Marine and Coastal Access Act 200910;
“access to works and streets plans” means the plans certified as the access to works and streets plans by the Secretary of State under article 35 (certification of plans, etc.);
“ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) 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 (authorised development) 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 authorised by this Order;
“book of reference” means the book of reference certified by the Secretary of State as the book of reference under article 35;
“building” includes any structure or erection or any part of a building, structure or erection;
“cable” includes fibre-optic cables either within the cable or laid alongside it;
“cable ducts” means conduits for the installation of electrical cables;
“cable protection” means measures to protect cables from physical damage and exposure due to loss of sea bed sediment including (but not limited to) the use of bagged solutions filled with gravel or other materials as approved by the MMO, protective aprons or covering mattresses, flow energy dissipation devices or rock and gravel placement;
“collector substations” means the collector substations authorised by the Triton Knoll Offshore Wind Farm Order 201311;
“commence” means begin to carry out—
(a) the activities authorised by the deemed marine licence other than pre-construction surveys and monitoring; and
(b) in respect of any other works comprised in the authorised project, except as provided otherwise in this Order, any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised project other than operations consisting of—
(i) site clearance;
(ii) pre-construction archaeological investigations;
(iii) environmental surveys;
(iv) removal of hedgerows;
(v) investigations for the purpose of assessing ground conditions;
(vi) diversion and laying of services;
(vii) erection of any temporary means of enclosure related to pre-construction archaeological investigations and environmental surveys;
(viii) the temporary display of site notices or advertisements;
and “commencement” must be construed accordingly;
“completion” means, in respect of any stage of works, the end of final testing of that stage;
“construction compound” means a temporary construction site associated with the onshore 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;
“crossings schedule” means the document certified as the crossings schedule by the Secretary of State under article 35;
“deemed marine licence” means the marine licence set out in Schedule 9 (deemed licence under Marine and Coastal Access Act 2009);
“design principles document” means the design principles document certified by the Secretary of State under article 35;
“electrical circuit” means a number of electrical conductors necessary to transmit electricity between 2 points within the authorised development (onshore) to take the form of 3 separate cables laid in cable ducts including fibre-optic cables and earthing cables either within the electrical circuit or laid alongside;
“environmental statement” means the document certified as the environmental statement by the Secretary of State under article 35;
“external electrical equipment” means any electrical equipment in relation to Work No. 9 or 50 that is not housed within a building and has been assessed in the environmental statement and is otherwise referred to as “external transmission components” in the environmental statement and “additional electrical infrastructure” in the design principles document;
“hedgerow plans” means the plans certified as the hedgerow plans by the Secretary of State under article 35;
“highway” and “highway authority” have the same meaning as in the 1980 Act12;
“IEC enabling works” means, in relation to Work No. 9,—
(a) site clearance;
(b) the establishment of temporary working areas;
(c) temporary fencing;
(d) the installation of construction haul roads;
(e) ground works including the installation of cabling ducting and the relocation and installation of below-ground utilities and drainage;
(f) ground-raising and establishment of stoned site platform; and
(g) electrical earthing works;
“intermediate electrical compound” means the area containing (but not limited to) switchgear, busbars, capacitors, reactors, reactive power compensation equipment, filters, cooling equipment, control and welfare buildings, lightning rods (if required), internal roads, security fencing and other associated equipment, structures and buildings including noise-attenuation works;
“land plans” means the plans certified as the land plans by the Secretary of State under article 35;
“landfall transition joint bay” means an underground pit where the offshore cables comprised in Work No. 2 are joined to the onshore works;
“limits of deviation” means the limits for the Works as shown on the works plans;
“main river” has the meaning given by the Water Resources Act 199113;
“maintain” includes—
(a) inspect, upkeep, repair, adjust and alter; and
(b) in relation to any of the ancillary works, remove, reconstruct and replace,
to the extent assessed in the environmental statement; and “maintenance” must be construed accordingly;
“MCA” means the Maritime and Coastguard Agency;
“mean low water” means the average height of all low waters above chart datum;
“MHWS” (mean high water springs) means the average throughout a year of the heights of 2 successive high waters during the periods of 24 hours when the range of the tide is greatest, as defined by the MMO and shown on the Order limits plans;
“MMO” means the Marine Management Organisation;
“onshore works” means Work Nos. 2 to 56 and any related further associated development in connection with those Works including, in relation to the installation of electrical circuits and cable ducts jointing bays, manholes, marker posts and other works associated with the installation of electrical circuits and cable ducts;
“Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference;
“Order limits” means the limits shown on the Order limits plans within which the authorised project may be carried out, whose grid co-ordinates seaward of MHWS are set out in the table in paragraph 2 of Part 1 of Schedule 1;
“Order limits plans” means the plans certified as the Order limits plans by the Secretary of...
To continue reading
Request your trial