The East Anglia TWO Offshore Wind Farm Order 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/433 |
| Year | 2022 |
2022 No. 433
Infrastructure Planning
The East Anglia TWO Offshore Wind Farm Order 2022
Made 31th March 2022
Coming into force 22th April 2022
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”)1for an order granting development consent.
The application was examined by the Examining Authority appointed by the Secretary of State pursuant to sections 612and 653of 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 20104. The Examining Authority has submitted a report to the Secretary of State under section 74(2) 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 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20175and, 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) 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, in exercise of the powers conferred by sections 114, 115, 120, 140 and 149A of the 2008 Act, makes the following Order:
PART 1
Preliminary
Citation and commencement
1.—(1) This Order may be cited as the East Anglia TWO Offshore Wind Farm Order 2022.
(2) This Order comes into force on 22nd April 2022.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19616;
“the 1965 Act” means the Compulsory Purchase Act 19657;
“the 1980 Act” means the Highways Act 19808;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19819;
“the 1989 Act” means the Electricity Act 198910;
“the 1990 Act” means the Town and Country Planning Act 199011;
“the 1991 Act” means the New Roads and Street Works Act 199112;
“the 2003 Act” means the Communications Act 200313;
“the 2004 Act” means the Energy Act 200414;
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 200915;
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 201716;
“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 36 (certification of plans etc.);
“activity exclusion zones plan” means the plan certified as the activity exclusion zones plan by the Secretary of State for the purposes of this Order under article 36 (certification of plans etc.);
“AIS” means air insulated switchgear;
“ancillary works” means—
(a) the ancillary works described in Part 2 of Schedule 1 (ancillary works); and
(b) any other works authorised by this Order,
to the extent that such works are not development within the meaning of section 32 of the 2008 Act;
“authorised development” means the 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;
“best practice protocol for minimising disturbance to red-throated diver” means the document certified as the best practice protocol for minimising disturbance to red-throated diver by the Secretary of State for the purposes of this Order under article 36 (certification of plans etc.);
“book of reference” means the document certified as the book of reference by the Secretary of State for the purposes of this Order under article 36 (certification of plans etc.);
“building” includes any structure or erection or any part of a building, structure or erection;
“buoy” means any floating device used for navigational purposes or measurement purposes, including LiDAR buoys, wave buoys and guard buoys;
“cable” in respect of any onshore cable includes direct lay cables, cables laid in cable ducts or protective covers and in respect of any cable whether onshore or offshore includes fibre optic cables either within the cable or laid alongside;
“cable crossings” means the crossing of existing sub-sea cables or pipelines or other existing infrastructure by the inter-array, platform link or export cables authorised by this Order together with physical protection measures including cable protection;
“cable ducts” means conduits for the installation of cables;
“cable protection” means measures to protect cables from physical damage and including, but not limited to, the use of bagged solutions filled with grout or other materials, protective aprons or coverings, mattresses, flow energy dissipation devices or rock and gravel burial;
“cable sealing end compound” means a compound containing electrical equipment (including sealing ends, post insulators and earth switches), access, fencing and other associated equipment, structures or buildings;
“carriageway” has the same meaning as in the 1980 Act17;
“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 operations consisting of offshore preparation works or pre–construction monitoring surveys approved under the deemed marine licences; and
(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 onshore preparation works;
and the words “commencement” and “commenced” must be construed accordingly;
“construction consolidation site” means a construction site associated with the onshore works including hard standings, lay down and storage areas for construction materials and equipment, areas for spoil, access roads, 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;
“construction, operation and maintenance platform” means an offshore structure housing or incorporating temporary accommodation, landing ports for vessels and helicopters, standby electricity generation equipment, marking and lighting and other equipment facilities to assist in the co-ordination of marine activities related to the authorised development;
“deemed marine licences” means the marine licences set out in Schedules 13 (deemed licence under the 2009 Act – generation assets) and 14 (deemed licence under the 2009 Act – offshore transmission assets);
“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands, B75 7RL and any successor body to its functions;
“distributed temperature sensing cable” means a fibre optic cable which identifies faults in the electrical cables during operation allowing the approximate location of any fault to be identified;
“East Anglia ONE North Order” means the East Anglia ONE North Offshore Wind Farm Order 2022;
“EIA Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017;
“electrical cable” means an assembly of one or more conductors running side by side or bundled, which is used to carry electrical power;
“environmental statement” means the document certified as the environmental statement by the Secretary of State under article 36 (certification of plans etc.);
“fibre optic cable” means a cable consisting of one or more thin flexible fibres with a glass core through which signals are sent in the form of light;
“GIS” means gas insulated switchgear;
“gravity base foundation” means a structure principally of steel, concrete, or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;
“grid connection works” means Work Nos. 34 and 38 to 43 and any related associated development;
“highway” has the same meaning as in the 1980 Act18;
“Historic England” means the Historic Buildings and Monuments Commission for England;
“horizontal directional drilling” is a trenchless technique for installing cables and cable ducts involving drilling in an arc between two points;
“horizontal directional drilling compound” means a construction site associated with the transmission 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;
“HVAC” means high voltage alternating current;
“important hedgerows and tree preservation order plan” means the document certified as the important hedgerows and tree preservation order plan by the Secretary of State for the purposes of this Order under article 36 (certification of plans etc.);
“in principle monitoring plan” means the document certified as the in principle monitoring plan by the Secretary of State for the purposes of this Order under article 36 (certification of plans etc.);
“in principle East Anglia TWO Project Southern...
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