The Walney Extension Offshore Wind Farm Order 2014

Document Number:2014 No. 2950
Coming into force:Coming into force on the 28/11/2014
 
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Statutory Instruments

Infrastructure Planning

Made

7 th November 2014

Coming into force

28 th November 2014

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 149 A of the Planning Act 2008 (“the 2008 Act”)(2);

The application was examined by a Panel appointed as Examining authority by the Secretary of State pursuant to Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules(3);

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considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act, made a report and recommendation to the Secretary of State;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

The Secretary of State, having considered the report and recommendation of the Panel, 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;

The Secretary of State, in exercise of the powers conferred by sections 114 , 115 , 120 , 122 , 132(2) and (3) and 149 A of the 2008 Act makes the following Order:

Citation and commencement

  1.   This Order may be cited as the Walney Extension Offshore Wind Farm Order 2014 and shall come into force on 28 th November 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);

    “the 2010 Act” means the Flood and Water Management Act 2010(12);

    “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;

    “AOD” means above ordnance datum;

    “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;

    “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 the Order;

    “building” includes any structure or erection or any part of a building, structure or erection;

    “CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982(13);

    “cable crossings” means the crossing of existing subsea cables by the inter-array and/or export cables authorised by the Order together with cable protection;

    “cable ducts” means conduits for the installation of cables;

    “cable jointing bays” means the underground concrete bays comprised in the connection works where the onshore export cables are jointed (but does not include the transition joint bays);

    “cable protection” means physical measures for the protection of cables including concrete mattresses, with or without frond devices, and/or rock placement;

    “cables” shall include direct lay cables and/or cables laid in cable ducts and shall include fibre optic cables either within the cable or laid alongside;

    “cable systems” means the three electrical cables and their respective accessories including cable joints and terminations, with an operating voltage of up to 400 kV, necessary to transmit the power between two electrical nodes within the authorised development, and for the offshore element of the cable corridor, comprising subsea export cables, the three cables shall be bundled together as one cable system, and for the onshore element of the cable corridor, the cable system shall comprise three separate onshore cables, each containing a single conductor, and the cable system may also include one or more auxiliary cables (normally fibre optic cables) for the purpose of control, monitoring, protection or general communications;

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

    “CoCP” means the document certified by the Secretary of State as the Code of Construction Practice for the purposes of the Order;

    “commence”, unless otherwise provided for, in relation to the authorised project, means—

    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/or monitoring; and

    in relation to all other works, beginning to carry out any material operation (as defined in Section 56(4) of the 1990 Act) forming part of the authorised project save for operations consisting of pre-construction surveys and/or monitoring, 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, the temporary display of site notices or advertisements and the words ‘commencement’ and ‘commenced’ shall be construed accordingly;

    “connection works” means Work Nos. 3 B to 27 and any related further associated development;

    “construction working site” means a 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;

    “deemed Generator Assets Marine Licence” means the licence set out in Schedule 9 and deemed by article 37 (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 149 A of the 2008 Act;

    “deemed marine licences” means one or both of the deemed Generator Assets Marine Licence and the deemed Transmission Assets Marine Licence;

    “deemed Transmission Assets Marine Licence” means the licence set out in Schedule 10 and deemed by article 37 (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 149 A of the 2008 Act;

    “design and access statement” means the document certified by the Secretary of State as the design and access statement for the purposes of this Order;

    “Disposal Site” means the designated disposal site identified as IS215 Walney bounded by the Order limits described within Point IDs 69 to 100 (inclusively) and Point IDs 216 to 233 (inclusively) in the table that follows paragraph 2(2) of Part 1 of Schedule 1 , which are shown on the Order limits and grid coordinates plan;

    “DONG Energy Walney Extension (UK) Limited” means the company registered in England and Wales as DONG Energy Walney Extension (UK) Limited with number 07306956;

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

    “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 28 th June 2013 , together with any supplementary or further environmental information submitted to the Examining authority as part of the examination of the application for this Order, including but not limited to, the Transport Statement;

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

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

    “fibre optic joint pits” means the underground concrete or plastic pits where the fibre optic cables are jointed together;

    “frond devices” means flow energy dissipation devices, which reduce current velocity and turbulence and encourage settlement of sediment;

    “General Arrangement Drawings” means the drawings certified by the Secretary of State as the General Arrangement Drawings for the purposes of the Order;

    “HAT” means highest astronomical tide;

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

    “highway authority” has the same meaning as in the 1980 Act and for the purposes of this Order includes Lancashire County Council;

    “horizontal directional drilling compound” means a construction site associated with the connection works where horizontal directional drilling is proposed including hard standing, lay down and storage areas for construction materials and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas comprising...

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