Statutory Instruments

2024 No. 627

Infrastructure Planning

The Hornsea Three Offshore Wind Farm (Amendment) Order 2024

Made

9th May 2024

Coming into force

10th May 2024

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(2) for non-material changes to the Hornsea Three Offshore Wind Farm Order 2020(3).

The Secretary of State, having considered the application, the responses to the publicity and consultation required by regulations 6 and 7 of the Infrastructure Planning (Changes to, and Revocation of, Development Consents Orders) Regulations 2011, has decided to make the changes on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

Accordingly, the Secretary of State, in exercise of the powers conferred by paragraphs 2(1) and (9) of Schedule 6 to the Planning Act 2008, makes the following Order—

Citation and commencement

1.  This Order may be cited as the Hornsea Three Offshore Wind Farm (Amendment) Order 2024 and comes into force on 10th May 2024.

Amendment to the Hornsea Three Offshore Wind Farm Order 2020

2.  The Hornsea Three Offshore Wind Farm Order 2020 (“the 2020 Order”) is amended in accordance with this Order.

Amendments to Schedule 14 of the 2020 Order

3.  In Part 1 of Schedule 14 to the 2020 Order—

(a)delete paragraph 3(c) and substitute—

“(c)an implementation timetable for delivery of four artificial nest structures that ensures all necessary compensation measures are in place to allow three full kittiwake breeding seasons in respect of three artificial nest structures prior to the operation of any turbine forming part of the authorised development, and for the fourth artificial nest structure to be delivered prior to final commissioning of the authorised development.”; and

(b)delete paragraph 4 and substitute—

“4.  The undertaker must implement the measures as set out in the KIMP approved by the Secretary of State and no operation of any turbine forming part of the authorised development may be commenced until three full breeding seasons have elapsed from the implementation of three of the artificial nest structures and no final commissioning of the authorised development must take place until the fourth artificial nest structure has been implemented For the purposes of this paragraph each breeding season is assumed to have commenced on 1 March in each year and ended on 30 September.”.

Signed by authority of the Secretary of State for Energy Security and Net Zero

John Wheadon

Head of Energy Infrastructure Planning Delivery

Department for Energy Security and Net Zero

9th May 2024

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Hornsea Three Offshore Wind Farm Order 2020, 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 amendment under paragraph 2 of Schedule 6 to the Planning Act 2008. This Order amends paragraphs 3(c) and 4 of Part 1 of the 2020 Order relating to the kittiwake compensation measures.

(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 and Schedule 25(2) of the Localism Act 2011 (c. 20), and by section 28 of the Infrastructure Act 2015 (c. 7).