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The East Anglia ONE Offshore Wind Farm (Corrections and Amendments) Order 2016

As Enacted Cited authorities 8 Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2016/447
Year2016

2016 No. 447

Infrastructure Planning

The East Anglia ONE Offshore Wind Farm (Corrections and Amendments) Order 2016

Made 24th March 2016

Coming into force in accordance with article 1

The East Anglia ONE Offshore Wind Farm Order 2014 (“the 2014 Order”)1, which granted development consent within the meaning of the Planning Act 2008 (“the Act”)2, contained correctable errors within the meaning of the Act. Before the end of the relevant period, as defined in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State received a written request for the correction of errors in the 2014 Order.

The Secretary of State has informed Suffolk Coastal District Council and Mid Suffolk District Council, as the relevant local planning authorities for the area in which the land to which the 2014 Order relates is situated, that the request has been received in accordance with paragraph 1(7) of Schedule 4 to the Act.

An application has been made to the Secretary of State under paragraph 2 of Schedule 6 to the Act, and in accordance with Part 1 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 20113(“the 2011 Regulations”), for changes which are not material changes to the 2014 Order.

The Secretary of State, having considered the application and the responses to consultation under regulation 7 of the 2011 Regulations, has determined to make an Order giving effect to the proposed changes comprised in the application which in the opinion of the Secretary of State do not make any material changes to the 2014 Order.

The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraphs 1(4) and (8) of Schedule 4 to, the Act, and by section 153 of, and paragraphs 2(1) and (9) of Schedule 6 to, the Act, makes the following Order:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the East Anglia ONE Offshore Wind Farm (Corrections and Amendments) Order 2016 and comes into force on the day after the day on which it is made.

Corrections to the 2014 Order
S-2 Corrections to the 2014 Order

Corrections to the 2014 Order

2.—(1) The 2014 Order is corrected as set out in the table in Schedule 1 to this Order, where—

(a)

(a) column 1 sets out where the correction is to be made;

(b)

(b) column 2 sets out how the correction is to be made; and

(c)

(c) column 3 sets out the text to be substituted, inserted or omitted.

(2) Schedule 1 to this Order has effect.

Amendment of the 2014 Order

Amendment of the 2014 Order

S-3 In Part 1 of Schedule 1 to the 2014 Order , where it occurs,...

3. In Part 1 of Schedule 1 to the 2014 Order, where it occurs, for “four cables and up to eight additional cable ducts”, substitute ““four HVDC cables for the HVDC option or up to six HVAC cables for the HVAC option and up to eight additional cable ducts”.

S-4 The 2014 Order is amended as set out in the table in Schedule...

4.—(1) The 2014 Order is amended as set out in the table in Schedule 2 to this Order, where—

(a)

(a) column 1 sets out where the amendment is to be made;

(b)

(b) column 2 sets out how the amendment is to be made; and

(c)

(c) column 3 sets out the text to be substituted, inserted or omitted.

(2) Schedule 2 to this Order has effect.

Certification of revised or substituted plans
S-5 Certification of revised or substituted plans

Certification of revised or substituted plans

5.—(1) The undertaker must, as soon as practicable after the making of this Order, submit copies of any revised or substituted plans to the Secretary of State for certification that they are true copies of the revised or substituted plans.

(2) A plan so certified by the Secretary of State is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(3) In paragraph (1), the “undertaker” has the same meaning as in article 2(1) of the 2014 Order.

Giles Scott

Head of National Infrastructure Consents and Coal Liabilities

Department of Energy and Climate Change

24th March 2016

SCHEDULE 1

Article 2

Correctable Errors

Provision

How correction is to be made

Text to be substituted, inserted or omitted

Article 2(1), definition of “deemed generation assets marine licence”

For “Schedule 9 (deemed licence under the Marine and Coastal Access Act 2009 – generation assets) and deemed by article 28”, substitute

“Schedule 10 (deemed licence under the Marine and Coastal Access Act 2009 – generation assets) and deemed by article 29”

Article 2(1), definition of “deemed transmission assets marine licence”

For “Schedule 10 (deemed licence under the Marine and Coastal Access Act 2009 – transmission assets) and deemed by article 28”, substitute

“Schedule 11 (deemed licence under the Marine and Coastal Access Act 2009 – transmission assets) and deemed by article 29”

Article 2(1), definition of “horizontal directional drilling”

For “non-trenchless techniques”, substitute

“trenchless techniques”

Article 2(1), definition of “outline offshore operations and maintenance and monitoring plan”

For ““outline offshore operations and maintenance and monitoring plan” means the document certified as the outline offshore operations and maintenance and monitoring plan by the Secretary of State for the purposes of this Order;”, substitute

““outline operations and maintenance monitoring plan offshore” means the document certified as the outline operations and maintenance monitoring plan offshore by the Secretary of State for the purposes of this Order;”

Article 5(2)(a)

For “paragraph 5(a)”, substitute

“paragraph (1)(a)”

Article 5(2)(b)

For “paragraph 5(b)”, substitute

“paragraph (1)(b)”

Article 5(4)

For “paragraph (7)”, substitute

“paragraph (8)”

Article 5(5)

After “paragraph (1)”, insert

“or (2)”

Article 5(6)

After “paragraph (1)”, insert

“or (2)”

Article 5(7)

After “paragraph (1)”, insert

“or (2)”

Article 5(10)

After “paragraph (1)”, insert

“or (2)”

Article 17(2)

For “article 25”, substitute

“article 26”

Article 18(5)

For “article 25”, substitute

“article 26”

Article 27(1)

For “article 25”, substitute

“article 26”

Article 27(2)

For “article 25”, substitute

“article 26”

Article 33(1)(g)

For “the book of reference (November 2013 – version 6);”, substitute

“the book of reference (June 2014 – version 7);”

Article 33(1)(q)

For “the outline offshore operations and maintenance and monitoring plan (October 2013 – version 1);”, substitute

“the outline operations and maintenance monitoring plan offshore (October 2013 – version 1);”

Article 33

After paragraph (2), insert

“(3) Where a plan or document certified under paragraph (1)—

(a)

refers to a provision of this Order (including any specified requirement) when it was in draft form; and

(b)

identifies that provision by a number, or combination of numbers and letters, which is different from the number, or combination of numbers and letters by which the corresponding provision of this Order is identified in the Order as made,

the reference in the plan or document concerned shall be construed for the purposes of this Order as referring to the provision (if any) corresponding to that provision in the Order as made”

Article 39

Omit

heading and article 39

Schedule 1, Part 1, paragraph 2

For rows below,

substitute new rows

Point

Latitude (DMS)

Longitude (DMS)

Point

Latitude (DMS)

Longitude (DMS)

“19

52° 0′ 0.777″

1° 25′ 27.320″

“19

52° 8′ 1.935″

1° 52′ 54.350″

20

52° 0′ 41.137″

1° 27′ 15.227″

20

52° 4′ 49.045″

1° 45′ 5.590″

21

52° 3′ 53.611″

1° 35′ 40.499″

21

52° 2′ 47.963″

1° 36′ 38.722″

22

52° 5′ 44.773″

1° 40′ 57.350″

22

52° 2′ 7.247″

1° 35′ 19.374″

23

52° 8′ 21.995″

1° 48′ 34.767″

23

52° 0′ 37.213″

1° 33′ 17.008″

24

52° 9′ 37.650″

1° 53′ 5.293″

24

51° 58′ 41.939″

1° 32′ 27.850″

25

52° 9′ 40.842″

1° 57′ 7.198″

25

51° 57′ 26.482″

1° 29′ 55.449″

26

52° 11′ 6.526″

2° 2′ 15.690″

26

51° 57′ 41.943″

1° 26′ 39.492″

27

52° 12′ 27.654″

2° 10′ 3.953″”

27

51° 59′ 57.517″

1° 25′ 20.806″”

Schedule 1, Part 3, Requirement 1, definition of “stage”

For paragraph numbering (a) to (j) , substitute the paragraph numbering

“(a)” with “(i)”, “(b)” with “(ii)”, “(c)” with “(iii)”, “(d)” with “(iv)”, “(e)” with “(v)”, “(f)” with “(vi)”, “(g)” with “(vii)”, “(h)” with “(viii)”, “(i)” with “(ix)”, “(j)” with “(x)”

Schedule 1, Part 3, Requirement 10(10)(a)

For “details of the number, location, scale and appearance”, substitute

“details of the scale and appearance”

Schedule 9, Part 1, paragraph 5(4)

For “article 33”, substitute

“article 34”

Schedule 9, Part 1, paragraph 5(5)

For “article 33”, substitute

“article 34”

Schedule 9, Part 1, paragraph 6(1)

For “article 33”, substitute

“article 34”

Schedule 9, Part 1, paragraph 8(3)

For “article 33”, substitute

“article 34”

Schedule 9, Part 2, paragraph 2

For “article 25”, substitute

“article 26”

Schedule 9, Part 2, paragraph 3(4)

For “article 33”, substitute

“article 34”

Schedule 9, Part 3, paragraph 4(3)

For “article 25”, substitute

“article 26”

Schedule 9, Part 3, paragraph 5(1)

For “article 33”, substitute

“article 34”

Schedule 9, Part 3, paragraph 11(6)

For “adopted under to sub-paragraph (3),”, substitute

“adopted under sub-paragraph (3),”

Schedule 9, Part 3, paragraph 11(11)

For “article 33”, substitute

“article 34”

Schedule 9, Part 3, paragraph 21

For “article 32”, substitute

“article 33”

Schedule 9, Part 4, paragraph 6

For “article 33”, substitute

“article 34”

Schedule 9, Part 4, paragraph 11

For “article 33”, substitute

“article 34”

SCHEDULE 2

Article 4

Non-material amendments

Provision

How change is to be made

Text to be substituted, inserted or omitted

Article 2(1)

At the appropriate places, insert

““HVAC” means high voltage alternating current;”

““HVAC offshore wind farm” means a wind turbine generating station with a gross electrical output capacity of up to 750 MW comprising up to 150 wind turbine generators;”

““HVAC option” means the sub-sea export cables in Work No. 3A and the connection works between the...

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