The East Anglia THREE Offshore Wind Farm Order 2017

Ministry of Defence surveillance operations

33.—(1) No construction of any radar line of sight wind turbine generator (RLSWTG) forming part of the authorised development and within radar line of sight of the air defence radar at Remote Radar Head (RRH) Trimingham may commence until the Secretary of State having consulted with the Ministry of Defence confirms satisfaction in writing that appropriate mitigation will be implemented and maintained for the life of the authorised development and that arrangements have been put in place with the Ministry of Defence to ensure that such appropriate mitigation is implemented.

(2) For the purposes of this requirement—

(a) “appropriate mitigation” means measures to prevent or remove any adverse effects which the operation of the authorised development will have on the air defence radar at Remote Radar Head (RRH) Trimingham and the Ministry of Defence’s air surveillance and control operations;

(b) “approved mitigation” means the appropriate mitigation measures agreed with the Ministry of Defence at the time the Secretary of State confirms satisfaction in writing in accordance with sub-paragraph (1);

(c) “Ministry of Defence” means the Ministry of Defence as represented by Defence Infrastructure Organisation – Safeguarding, Kington Road, Sutton Coldfield, B75 7RL or any successor body;

(d) “RLSWTG” means a wind turbine generator which exceeds the following heights when measured above Mean Sea Level (Newlyn) to the tip of the vertical blade—

(i) 193 metres in area A;

(ii) 207 metres in area B;

(iii) 223 metres in area C;

(e) “areas A, B and C” means the areas defined by radar line of sight radii shown on the radar line of sight coverage plan.

(3) The undertaker must thereafter comply with all other obligations contained within the approved mitigation for the life of the authorised development.