The Burbo Bank Extension Offshore Wind Farm Order 2014

Primary surveillance radars at Lytham St Annes and Great Dun Fell

11.—(1) No construction of any wind turbine generator forming part of the authorised development shall commence until the Secretary of State in consultation with the Operator is satisfied that a primary radar mitigation scheme has been agreed in order to avoid the impact of the development on the primary radar of the Operator located at St Annes and Great Dun Fell and on associated air traffic management operations.

(2) No construction of any wind turbine generator forming part of the authorised development shall commence until the Operator has confirmed to the Secretary of State that an approved primary radar mitigation scheme has been implemented and the development shall thereafter be operated fully in accordance with such approved scheme.

(3) For the purposes of this requirement—

“Operator” means NATS (En Route) plc, incorporated under the Companies Act (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants, PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services to the relevant managed area (within the meaning of section 40 of that Act);

“primary radar mitigation scheme” means a detailed scheme agreed with the Operator which sets out the measures to be taken to avoid at all times the impact of the development on the St Annes and Great Dun Fell primary radars and on air traffic management operations of the Operator.