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The East Anglia THREE Offshore Wind Farm (Correction) Order 2018

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Statutory Instruments

2018 No. 843

Infrastructure Planning

The East Anglia THREE Offshore Wind Farm (Correction) Order 2018

Made

12th July 2018

Coming into force

13th July 2018

The East Anglia THREE Offshore Wind Farm Order 2017 (“the 2017 Order”)(1), which granted development consent within the meaning of the Planning Act 2008 (“the Act”)(2), contains correctable errors within the meaning of the Act(3).

In accordance with paragraph 1(5)(a) of Schedule 4 to 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 from the applicant(4) for the correction of errors and omissions in the 2017 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 2017 Order relates is situated, that the request has been received in accordance with paragraph 1(7) of Schedule 4 to the Act.

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, makes the following Order.

Citation and commencement

1.  This Order may be cited as the East Anglia THREE Offshore Wind Farm (Correction) Order 2018 and comes into force on 13th July 2018.

Corrections

2.—(1) The East Anglia THREE Offshore Wind Farm Order 2017 is corrected as set out in the table in the Schedule to this Order, where—

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

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

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

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Gareth Leigh

Head of Energy Infrastructure Planning

Department for Business, Energy and Industrial Strategy

12th July 2018

Article 2

SCHEDULECorrectable Errors

(1) Where correction is to be made(2) How correction is to be made(3) Text to be substituted, inserted or omitted (if any)
Article 2(1), definition of “outline offshore operations and maintenance plan”For “the Order”, substitute“this Order”
Article 2(1), definition of “works plan”For “the Order”, substitute“this Order”
Article 6(1)Article 6(1) is renumbered as Article 6
Article 9(1)Article 9(1) is renumbered as Article 9
Article 23(5)For “land which temporary possession is taken”, substitute“land of which temporary possession is taken”
Article 32(1)(t)For “the In principle East Anglia Three Project Southern North Sea pSAC Site Integrity Plan (December 2016)”, substitute“the in principle East Anglia Three Project Southern North Sea pSAC Site Integrity Plan (December 2016, Revision B)”
Article 34(1)For “the requirements numbered 11 to 31 and 36”, substitute“the requirements numbered 11 to 31 and 36 to 37”
Schedule 1, Part 1, paragraph 1, “Work No. 16”For “in north westerly direction to the east side of The Thicket”, substitute“in a north westerly direction to the east side of The Thicket”
Schedule 1, Part 3, paragraph 2(2)For “The number of turbines with a draught height of less than 24m from MHWS comprised in the authorised project must not exceed 52 turbines”, substitute“The number of wind turbine generators with a draught height of less than 24m from MHWS comprised in the authorised project must not exceed 52.”
Schedule 1, Part 3, heading to paragraph 19For “Contaminated land and ground water”, substitute“Contaminated land and groundwater”
Schedule 1, Part 3, paragraph 22(1)For “relevant local planning authority”, substitute“relevant planning authority”
Schedule 1, Part 3, paragraph 27(1)For “relevant local planning authority”, substitute“relevant planning authority”
Schedule 1, Part 3, paragraph 30For “with such details the relevant planning authority in consultation with the relevant highway authority may approve, as soon as reasonably practicable and in any event within twelve months of completion of the relevant stage of the connection works, save that if approved by the relevant local planning authority”, substitute“with such details as the relevant planning authority in consultation with the relevant highway authority may approve, as soon as reasonably practicable and in any event within twelve months of completion of the relevant stage of the connection works, save that if approved by the relevant planning authority”
Schedule 1, Part 3, paragraph 37

For “in writing to the relevant planning authority of its intention to carry out such works and investigations and:

(i) the relevant planning authority has provided a written determination that the notified works and investigations can take place; or

(ii) no response has been received by the undertaker within 15 working days of the date of notification of such works and investigations.”, substitute

“in writing to the relevant planning authority of its intention to carry out such works or investigations and:

(a) the relevant planning authority has provided a written determination that the notified works or investigations can take place; or

(b) no response has been received by the undertaker within 15 working days of the date of notification of such works or investigations.”

Schedule 8, Part 3, paragraph 26(9)For “paragraph 15(1)”, substitute“paragraph 30(1)”
Schedule 8, Part 4, paragraph 45For “paragraphs 4 to 6 and 8”, substitute“paragraphs 40 to 42 and 44”
Schedule 8, Part 4, paragraph 46For “paragraph (9)”, substitute“paragraph 45”
Schedule 8, Part 5, paragraph 49(1), definition of “specified works”Immediately after ““Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation or requirements for third parties T/SP/SSW/22””, insert“)”
Schedule 8, Part 5, paragraph 49(2)For “the Order”, substitute“this Order”
Schedule 8, Part 5, paragraph 50(1)For “the Order”, substitute“this Order”
Schedule 8, Part 5, paragraph 51(1)For “the Order”, substitute“this Order”
Schedule 8, Part 5, paragraph 57(2)For “(subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of this sub-paragraph (1)).”, substitute“(subject to sub-paragraph (3)), excuse the undertaker from liability under the provisions of this sub-paragraph (1).”
Schedule 8, Part 5, paragraph 59(1)For “paragraphs54 and 55”, substitute“paragraphs 54 and 55”
Schedule 8, Part 5, paragraph 59(2)For “approval to is required”, substitute“approval is required”
Schedule 8, Part 5, paragraph 61For “paragraph 52(2), 52(4), 53(1), 54, 55 and 57(5)”, substitute“paragraph 52(2), 52(4), 53(1), 54, and 55”
Schedule 8, Part 6, paragraph 64For “the Order.”, substitute“this Order.”
Schedule 8, Part 6, paragraph 65.For “the Order” in each place where it appears, substitute“this Order”
Schedule 8, Part 6, paragraph 66(2)For “the Order” in each place where it appears, substitute“this Order”
Schedule 8, Part 6, paragraph 68(1)For “the Order”, substitute“this Order”
Schedule 8, Part 6, paragraph 68(6)For “the Order”, substitute“this Order”
Schedule 8, Part 6, paragraph 68(7)For “the Order”, substitute“this Order”
Schedule 8, Part 6, paragraph 69(3)(b).For “the Order”, substitute“this Order”
Schedule 8, Part 6, paragraph 71For “the Order”, substitute“this Order”
Schedule 8, Part 6, paragraph 73For “the Order”, substitute“this Order”
Schedule 8, Part 7 (Protection for oil and gas licensees), paragraph 84 (ix) and (x).For “the Order” in each place where it occurs, substitute“this Order”

EXPLANATORY NOTE

(This note is not part of the Order)

The Order corrects errors and omissions in the East Anglia THREE Offshore Wind Farm Order 2017, a development consent order made under the Planning Act 2008, following a request under paragraph 1(5)(a) of Schedule 4 to that Act.

(2)

2008 c.29. Paragraph 1 of Schedule 4 was amended by paragraph 70 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c.20) and by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c.23). There are other amendments to the Act which are not relevant to this Order.

(3)

As provided for in Schedule 4 to the Act.

(4)

As defined in paragraph 4 of Schedule 4 to the Act.

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