The Kentish Flats Extension Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/343 |
| Year | 2013 |
2013 No. 343
Infrastructure Planning
The Kentish Flats Extension Order 2013
Made 19th February 2013
Coming into force 20th February 2013
An application has been made to the Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20091for an Order granting development consent;
The application was examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the Planning Act 20082(“the 2008 Act”);
The single appointed person, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act, made a report and recommendation to the Secretary of State;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 single appointed person, 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;
In exercise of the powers conferred by sections 114, 115, 120, and 149A of the 2008 Act the Secretary of State makes the following Order:
Citation and commencement
1. This Order may be cited as the Kentish Flats Extension Order 2013 and shall come into force on 20th February 2013.
Interpretation
2.—(1) Except for Schedule 2 which is subject to the definitions provided in that Schedule, in this Order—
“the 1990 Act” means the Town and Country Planning Act 19903;
“the 2004 Act” means the Energy Act 20044;
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 20095;
“ancillary works” means the ancillary works described in Part 2 of Schedule 1 and any other works authorised by the Order and which 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;
“the authorised project” means the authorised development and the ancillary works authorised by this Order;
“the centre point of a turbine” means the centre point bisecting the turbine tower, transition piece and foundation;
“the deemed Marine Licence” means the marine licence set out in Schedule 2 and deemed by article 12 to have been granted under Part 4 of the 2009 Act, by virtue of section 149A of the 2008 Act;
“the environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order being application document reference number 4.1-4.3 dated October 2011;
“the export cable area” means the area described as such in Part 1 of Schedule 1 whose co-ordinates are specified in that Schedule;
“the land plan” means the plan No 5.3 (Drawing no. 9V9546/30/004 rev. 002) certified as the land plan by the Secretary of State for the purposes of this Order;
“the licence conditions” means the conditions set out in Part 2 of Schedule 2;
“the limits of deviation” means the limits of deviation for the scheduled works comprised in the authorised development shown on the works plan;
“the local planning authority” means Canterbury City Council or any successor to its statutory functions as a planning authority;
“maintain” includes maintain, inspect, repair, adjust, alter and refurbish and “maintenance” shall be construed accordingly;
“the Maritime and Coastguard Agency” or “MCA” means the executive agency of the Department for Transport or any successor to its functions;
“mean high water level” or “MHW” means the level of mean high water spring tides;
“mean low water level” or “MLW” means the level of mean low water spring tides;
“the Marine Management Organisation” or “MMO” means the body of that name created under the Marine and Coastal Access Act 2009 or any successor to its statutory functions;
“monopole foundation” means a metal pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment;
“the offshore development area” means the area described as such in Part 1 of Schedule 1 whose co-ordinates are specified in that Schedule;
“the Order limits” means the limits shown on the Order limits plan and works plan as the limits within which the authorised development may be carried out;
“the Order limits plan” means the plan No 2.1 (Drawing no. 9V9546/30/001 rev. 004) certified as the Order limits plan by the Secretary of State for the purposes of this Order;
“the PLA” means the Port of London Authority or any successor to its statutory functions;
“the project design statement” means the document certified as the project design statement by the Secretary of State for the purposes of this Order being application document reference number 7.2 dated 10 October 2011;
“the Requirements” means the requirements set out in paragraphs 2 to 18 of Part 3 of Schedule 1;
“the scheduled works” means the works numbered 1a, 1b, 2a and 2b specified in Part 1 of Schedule 1, or any part of them as the same may be varied pursuant to article 4 of this Order;
“the Secretary of State” means the Secretary of State responsible for determining an application for development consent for the authorised development;
“Trinity House” means the Corporation of Trinity House of Deptford Strond or any successor to its functions;
“the undertaker” means, subject to article 7(3) of this Order, Vattenfall Wind Power Ltd;
“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;
“wind turbine generator” or “wind turbine” means a structure comprising any or all of a tower, transition piece, rotor, blades, nacelle and ancillary electrical and other equipment which may include lighting, j-tubes, transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, fixed to a foundation; and
“the works plan” means the plan No 5.4 (Drawing no. 9V9546/30/005 rev. 006) certified as the works plan by the Secretary of State for the purposes of this Order.
(2) References in this Order to rights over land include references to rights to do or to place and maintain anything in, on or under land or in the air-space above its surface.
(3) References in this Order to numbered Requirements are to the Requirements with those numbers in Part 3 of Schedule 1.
(4) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development shall be taken to be measured along that work.
Development consent etc. granted by the Order
3.—(1) Subject to the provisions of this Order, the Requirements and the provisions and conditions of the deemed Marine Licence, the undertaker is granted—
(a)
(a) development consent for the authorised development; and
(b)
(b) consent for the ancillary works,
to be carried out within the Order limits.
(2) Subject to article 4 the authorised development shall be constructed in the lines or situations shown on the works plan.
Limits of deviation
4. Subject to Requirements 4 and 5, in carrying out or maintaining the scheduled works the undertaker may deviate laterally from the lines or situations shown on the works plan to the extent of the limits of deviation.
Maintenance of authorised project
5. Subject to—
(a) the other terms of this Order, including the Requirements and the provisions and conditions of the deemed Marine Licence; and
(b) any contrary provision in an agreement made under this Order,
the undertaker may at any time maintain the authorised project.
Operation of electricity generating station
6.—(1) The undertaker is authorised to operate the electricity generating station comprised in the authorised development.
(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required to authorise the operation of the electricity generating station.
Consent to transfer benefit of Order
7.—(1) Except as provided for in this article, section 156(1) of the 2008 Act applies to the grant of development consent by this Order.
(2) Subject to paragraph (5), the undertaker may—
(a)
(a) transfer to another person (the “transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or
(b)
(b) grant to another person (the “lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.
(3) Where a transfer or grant has been made in accordance with this article references in this Order to the undertaker, except in paragraphs (4) and (5) shall include references to the transferee or the lessee.
(4) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under this article shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
(5) Not later than 21 days after entering into any transfer or grant under paragraph (1) the undertaker shall give written notice to the Secretary of State, Trinity House, the PLA, the MCA and the MMO stating the name...
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