The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2019

Statutory Instruments

2019 No. 838

Infrastructure Planning

The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2019

Made

9th April 2019

Coming into force

10th April 2019

An application has been made, under paragraph 2 of Schedule 6 to the Planning Act 2008(1), to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011(“the 2011 Regulations”)(2) for a non-material change to the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (“the 2015 Order”)(3).

The Secretary of State, having considered the application, the responses to the publicity and consultation required by regulations 6 and 7 of the 2011 Regulations, has decided to make this Order amending the 2015 Order.

Accordingly, the Secretary of State, in exercise of the powers in paragraph 2 of Schedule 6 to the Planning Act 2008, makes the following Order:

Citation and commencement

1.  This Order may be cited as The Dogger Bank Creyke Beck Offshore Wind Farm (Amendment) Order 2019 and comes into force on 10th April 2019.

Amendment to The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

2.  The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 is amended in accordance with this Order.

Amendments to Part 3 (Requirements) of Schedule 1 (Authorised Project)

3.—(1) Part 3 (Requirements) of Schedule 1 (Authorised Project) is amended as follows.

(2) In paragraph 4(1)(b), for “215 metres” substitute “280 metres”.

(3) After paragraph 33, insert—

“Southern North Sea Special Area of Conservation

34.— (1) No Project A offshore works or activities associated with them that may have a significant effect on the Southern North Sea Special Area of Conservation may commence until the review of consents has been completed and the Secretary of State has affirmed, modified or revoked the decision to make an order granting development consent in respect of the Project A offshore works under regulation 33(4) of the Offshore Habitats Regulations.

(2) No Project B offshore works or activities associated with them that may have a significant effect on the Southern North Sea Special Area of Conservation may commence until the review of consents has been completed and the Secretary of State has affirmed, modified or revoked the decision to make an order granting development consent in respect of the Project B offshore works under regulation 33(4) of the Offshore Habitats Regulations.

(3) In this Requirement—

(a) “Offshore Habitats Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 2017(4); and

(b) “review of consents” means the review of consents granted prior to the designation of the Southern North Sea as a Special Area of Conservation.”.

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

9th April 2019

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015, a development consent order under the Planning Act 2008, following an application made in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 for a non-material change under paragraph 2 of Schedule 6 to the Planning Act 2008. This Order increases the permitted size of the diameter of the blades on individual wind turbine generators.

(1)

2008 c. 29. Paragraph 2 was amended by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23), by paragraphs 1 and 72 of Schedule 13 to the Localism Act 2011 (c. 20), and by section 28 of the Infrastructure Act 2015 (c. 7). There are other amendments to the Act that are not relevant to this Order.

(2)

S.I. 2011/2055, as amended by S.I. 2012/635, 2012/1659, 2012/2654, 2012/2732, 2013/522, 2013/755, 2015/760, 2017/314, 2017/524, 2018/378.

(3)

S.I. 2015/318, as amended by S.I. 2015/1742.

(4)

S.I. 2017/1013.