1. The authorised development shall commence no later than the expiration of five years beginning with the date this Order comes into force.
Commencement Information
I1Sch. 1 Pt. 3 para. 1 in force at 28.11.2014, see art. 1
2.—(1) Subject to sub-paragraph (2), no wind turbine generator forming part of the authorised development shall—
(a)exceed a height of 222 metres when measured from MHWS to the highest point of the rotating blade of the WTG;
(b)exceed a height of 122 metres to the height of the centreline of the generator shaft forming part of the WTG nacelle when measured from MHWS;
(c)exceed a rotor diameter of 200 metres, or have a rotor diameter of less than 120 metres;
(d)be less than 737 metres from the nearest WTG in either direction perpendicular to the approximate prevailing wind direction (crosswind) or be less than 737 metres from the nearest WTG in either direction which is in line with the approximate prevailing wind direction (downwind);
(e)have a distance of less than 22 metres between the lowest point of the rotating blade of the WTG and MHWS.
(2) References to the location of a wind turbine generator are references to the centre point of that WTG.
Commencement Information
I2Sch. 1 Pt. 3 para. 2 in force at 28.11.2014, see art. 1
3.—(1) The total number of offshore substations forming part of the authorised development shall not exceed three.
(2) The dimensions of any offshore substation forming part of the authorised development (excluding any towers, helipads, masts and cranes) shall not exceed 75 metres in height when measured from LAT, 50 metres in length and 50 metres in width.
Commencement Information
I3Sch. 1 Pt. 3 para. 3 in force at 28.11.2014, see art. 1
4.—(1) The number of cable systems forming part of the authorised development laid in the cable corridor forming part of the Order limits between reference point AA and reference point BB and reference point CC shown on the works plans shall not exceed five.
(2) The total length of the cables comprising Work No. 1(b) shall not exceed 270 kilometres.
(3) The total length of the cables comprising Work No. 3A shall not exceed 480 kilometres.
Commencement Information
I4Sch. 1 Pt. 3 para. 4 in force at 28.11.2014, see art. 1
5.—(1) The total number of [F1monopile] foundations forming part of the authorised development shall not exceed 207 and no monopile foundation for use with any wind turbine generator or offshore substation forming part of the authorised development shall have a diameter greater than 9 metres.
(2) No jacket structure for use with any wind turbine generator forming part of the authorised development shall have—
(a)a width spacing between each leg at the level of the seabed of more than 40 metres and at the level of LAT which is greater than 20 metres;
(b)more than four legs;
(c)a leg diameter of more than 3 metres;
(d)more than one pile per leg;
(e)a pile diameter of more than 3 metres;
(f)more than one suction caisson per leg;
(g)a suction caisson diameter of greater than 10 metres.
(3) No jacket structure for use with any offshore substation forming part of the authorised development, when used in conjunction with steel piles or suction caissons, shall have—
(a)a width spacing between each leg at the level of the seabed of more than 70 metres and at the level of LAT which is greater than 40 metres;
(b)more than 4 legs;
(c)a leg diameter of more than 4 metres;
(d)more than four piles per leg;
(e)a pile diameter of more than 3.5 metres;
(f)more than three suction caissons per leg;
(g)a suction caisson diameter of greater than 25 metres each.
Textual Amendments
F1Word in Sch. 1 Pt. 3 para. 5 substituted (25.4.2015) by The Walney Extension Offshore Wind Farm (Correction) Order 2015 (S.I. 2015/1270), art. 1, Sch.
Commencement Information
I5Sch. 1 Pt. 3 para. 5 in force at 28.11.2014, see art. 1
6. The total volume of scour protection for use with WTGs within Work No. 1(a) shall not exceed 2,277,000m³.
Commencement Information
I6Sch. 1 Pt. 3 para. 6 in force at 28.11.2014, see art. 1
7. The total volume of scour protection for use with the offshore substation platforms within Work No. 2(a) shall not exceed 125,100m³.
Commencement Information
I7Sch. 1 Pt. 3 para. 7 in force at 28.11.2014, see art. 1
8. The total volume of cable protection (excluding cable crossings) included within Work No. 1(b) shall not exceed 27,000m³ with a maximum footprint of 35,000m².
Commencement Information
I8Sch. 1 Pt. 3 para. 8 in force at 28.11.2014, see art. 1
9. The total volume of cable protection associated with cable crossings included within Work No. 1(b) shall not exceed 64,328m³ with a maximum footprint of 74,480m².
Commencement Information
I9Sch. 1 Pt. 3 para. 9 in force at 28.11.2014, see art. 1
10. The total volume of cable protection (excluding cable crossings) for Work No. 3A shall not exceed 109,650m³ with a maximum footprint of 142,139m².
Commencement Information
I10Sch. 1 Pt. 3 para. 10 in force at 28.11.2014, see art. 1
11. The total volume of cable protection associated with cable crossings included within Work No. 3A shall not exceed 125,955m³ with a maximum footprint of 144,548m².
Commencement Information
I11Sch. 1 Pt. 3 para. 11 in force at 28.11.2014, see art. 1
12.—(1) No construction of any wind turbine generator forming part of the authorised development shall commence until the Secretary of State, having consulted with the Ministry of Defence and the Operator, confirms in writing that he is satisfied 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 Operator to ensure that such appropriate mitigation is implemented.
(2) For the purposes of this Requirement—
“appropriate mitigation” means measures to prevent or remove any adverse impacts which the operation of the authorised development will have on the Operator’s ability to provide safe and efficient air traffic services for Warton Aerodrome during the life of the authorised development;
“approved mitigation” means the appropriate mitigation measures agreed with the Ministry of Defence and the Operator at the time the Secretary of State confirms in writing that he is satisfied in accordance with sub-paragraph (1);
“Ministry of Defence” means as represented by Defence Infrastructure Organisation – Safeguarding, Kingston Road, Sutton Coldfield, B75 7RL or any successor body;
“Operator” means BAE Systems (Operations) Limited incorporated under the Companies Act 2006 (Company Number 01996687) whose registered office is Warwick House, PO Box 87, Farnborough Aerospace Centre, Farnborough, Hants, GU14 6YU or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services for Warton Aerodrome.
(3) The undertaker shall thereafter comply with all other obligations contained within the approved mitigation for the life of the authorised development.
Commencement Information
I12Sch. 1 Pt. 3 para. 12 in force at 28.11.2014, see art. 1
13.—(1) No construction of any wind turbine generator forming part of the authorised development shall commence until the Secretary of State, having consulted with the Operator, confirms in writing that he is satisfied that a primary radar mitigation scheme will be implemented in order to avoid the impact of the development on the primary radar of the Operator located at St Annes and Lowther Hill 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 2006 (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hampshire, 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 scheme agreed with the Operator which sets out the measures to prevent or remove any adverse impacts which the operation of the proposed development will have on the Operator’s ability to provide safe and efficient air traffic management services from the St Annes and Lowther Hill primary radars.
Commencement Information
I13Sch. 1 Pt. 3 para. 13 in force at 28.11.2014, see art. 1
14. No part of the authorised development seaward of MHWS shall commence until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) of the 2004 Act has been submitted to the Secretary of State for approval. The undertaker must consult the MMO, Natural England and the relevant planning authority on the proposed decommissioning activity no less than four months prior to submission of the proposed decommissioning programme to the Secretary of State.
Commencement Information
I14Sch. 1 Pt. 3 para. 14 in force at 28.11.2014, see art. 1
15.—(1) The connection works shall not be commenced until a written scheme setting out all the stages of the connection works has been submitted to and approved by the relevant planning authority.
(2) The scheme shall be implemented as approved.
Commencement Information
I15Sch. 1 Pt. 3 para. 15 in force at 28.11.2014, see art. 1
16.—(1) No stage of the connection works shall commence until details of the layout, scale, levels and external appearance of that stage have been submitted to and approved by the relevant planning authority. The connection works must be carried out in accordance with the approved details.
(2) Any works approved by the relevant planning authority under sub-paragraph (1) must accord with the plans (or relevant parts of plans) listed in Requirement 17 and the principles set out in the design and access statement and be within the Order limits.
(3) The connection works and maintenance thereof comprised within the area of onshore cable corridor between points XX and YY shown on the works plans for Work No. 3B shall—
(a)only be undertaken by means of horizontal directional drilling from construction working sites located west of point XX and/or east of point YY;
(b)comprise a horizontal directional drilling entry/exit point no less than 50 metres west of point XX on the works plans for Work No. 3B;
(c)comprise a horizontal directional drilling entry/exit point no less than 20 metres east of point YY on the works plans for Work No. 3B; and
(d)not involve the placing or transportation of any plant, apparatus, cables, cable ducts or any other materials required for the carrying out of the connection works on or over that land, provided that the undertaker may place or transport (by hand and on foot only) such equipment and/or means of enclosure, on or over that land, as may be required to—
(i)contain and/or remove fluid used in the horizontal directional drilling process including the placing of hoses along the northern Order limit between points XX and YY shown on the works plans for Work No. 3B as approved by the relevant planning authority, in consultation with Natural England and the MMO; and
(ii)mitigate the horizontal directional drilling process in accordance with the environmental management and monitoring plan approved pursuant to this Requirement.
(4) The connection works comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans must not be commenced until an environmental management and monitoring plan has been approved by the relevant planning authority, in consultation with Natural England and the MMO. The environmental management and monitoring plan must be submitted for approval at least four months prior to the commencement of those connection works, or within such other timescale as agreed with the relevant planning authority.
(5) The environmental management and monitoring plan must include details of the location, method and timing of surveys of the land within the Order limits between points XX and YY shown on the works plans to—
(a)establish the pre-construction baseline condition of the saltmarsh and the distribution of the Lycia zonaria britannica (Belted Beauty Moth) in that location; and
(b)record within a five year period following completion of construction the ecological recovery of the saltmarsh and the distribution of the Lycia zonaria britannica (Belted Beauty Moth) in that location and, if applicable, any receptor site to which the Lycia zonaria britannica (Belted Beauty Moth) has been translocated.
(6) The environmental management and monitoring plan must include details of the methodology for undertaking the connection works comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans by horizontal directional drilling, and mitigation measures relating thereto, including—
(a)details of the equipment required to contain and/or remove fluid used in the horizontal directional drilling process;
(b)details of means of enclosure to be deployed (if any);
(c)the use of a drill bit of no less than 12.25 inches;
(d)the use of a real time downhole annular pressure monitor;
(e)details of how the length of each drill path will be minimised;
(f)details of the training of personnel to be employed in relation to the horizontal directional drilling and/or mitigation measures;
(g)the employment of an Ecological Clerk of Works and scope of duties relating to that role;
(h)details of how the number of trips made between points XX and YY shown on the works plans will be minimised;
(i)details of the methodology and location of suitable receptor sites associated with the translocation of the Lycia zonaria britannica (Belted Beauty Moth), should such translocation be required by the relevant planning authority, having consulted with Natural England and the MMO;
(j)details of the methodology for preventing birds from nesting above the alignment of each horizontal directional drill, such methodology may include visual and/or sound deterrents, and/or physical barriers; and
(k)details of how the connection works will be maintained (if applicable).
(7) The environmental management and monitoring plan must be implemented as approved, except to the extent that any changes to the plan are agreed by the relevant planning authority, in consultation with Natural England and the MMO, and provided that the undertaker shall not be required to carry out the post-construction monitoring of the ecological recovery of the saltmarsh in sub-paragraph (5)(b) in the event that no fluid used in the horizontal directional drilling process is released into the saltmarsh between points XX and YY shown on the works plans.
(8) No part of Work No. 6 shall—
(a)comprise more than five transition joint bays;
(b)comprise a transition joint bay having a length greater than 14 metres and a width greater than 4 metres and a depth of greater than 2 metres;
(c)comprise more than ten pits for the fibre optic joints and link boxes;
(d)comprise a fibre optic joint pit having a length greater than 1.5 metres and a width greater than 1.5 metres and a depth of greater than 2 metres;
(e)comprise a link box pit having a length greater than 1.5 metres and a width greater than 1.5 metres and a depth of greater than 2 metres;
(f)comprise a combined pit for the fibre optic joint and link box having a length greater than 3 metres and a width greater than 3 metres and a depth of greater than 2 metres.
(9) The total footprint of Work No. 6 shall not exceed 100 metres in length and 100 metres in width.
(10) No part of the onshore cable corridor occupied by the connection works shall—
(a)comprise more than two cable trenches, each having a width greater than 3.6 metres or a depth greater than 3 metres;
(b)comprise more than fifteen horizontal directional drill holes;
(c)comprise horizontal directional drill holes at a depth greater than 40 metres below existing ground level.
(11) The onshore cable corridor shall comprise—
(a)no more than 25 cable jointing bays, each having a length no greater than 10 metres and a width no greater than 3 metres and a depth of no greater than 2 metres;
(b)no more than 50 pits for the fibre optic joints and link boxes;
(c)a fibre optic joint pit having a length no greater than 1.5 metres and a width no greater than 1.5 metres and a depth of no greater than 2 metres;
(d)a link box pit having a length no greater than 1.5 metres and a width no greater than 1.5 metres and a depth of no greater than 2 metres;
(e)a combined pit for the fibre optic joint and link box having a length no greater than 3 metres and a width no greater than 3 metres and a depth of no greater than 2 metres.
(12) No building(s) forming part of Work No. 25 shall exceed—
(a)a height of 15 metres above developmental ground level or 21 metres above AOD;
(b)a total footprint of 170 metres in length and 170 metres in width, unless otherwise agreed by the relevant planning authority.
(13) The developmental ground level of the building(s) forming part of Work No. 25 must not be lower than 5.1 metres AOD or higher than 6 metres above AOD, unless otherwise agreed by the relevant planning authority.
(14) The fenced compound comprised in Work No. 25 must not exceed 170 metres by 170 metres.
(15) No external equipment or apparatus comprised in Work No. 25 shall exceed 23 metres above developmental ground level or 29 metres above AOD.
Commencement Information
I16Sch. 1 Pt. 3 para. 16 in force at 28.11.2014, see art. 1
17. The connection works must be carried out in accordance with the plans submitted with the application for this Order, or subsequently in connection with the examination of this Order, and certified by the Secretary of State unless otherwise agreed by the relevant planning authority.
Commencement Information
I17Sch. 1 Pt. 3 para. 17 in force at 28.11.2014, see art. 1
18.—(1) The works comprising Work No. 25 must not commence until a written landscaping scheme and associated work programme (which accords with the principles set out in the CoCP and the design and access statement) has been submitted to and approved by the relevant planning authority.
(2) The landscaping scheme must include details of all proposed hard and soft landscaping works, including—
(a)location, number, species, size and planting density of any proposed planting, including any trees;
(b)pre-cultivation, cultivation and other operations to ensure plant establishment;
(c)the type, storage, and handling of imported materials;
(d)proposed finished ground levels;
(e)hard surfacing materials;
(f)vehicular and pedestrian access, parking and circulation areas;
(g)minor structures, such as furniture, refuse or other storage units, signage and lighting;
(h)proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports;
(i)details of existing trees to be retained, with measures for their protection during the construction period;
(j)retained historic landscape features and proposals for restoration, where relevant;
(k)implementation timetables for all landscaping works; and
(l)future maintenance regimes.
Commencement Information
I18Sch. 1 Pt. 3 para. 18 in force at 28.11.2014, see art. 1
19.—(1) All landscaping works, including replacement planting carried out in accordance with sub-paragraph (2), must be carried out in accordance with a landscaping scheme approved under Requirement 18 and to a standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.
(2) Any tree or shrub planted as part of any landscaping scheme approved under Requirement 18 that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise agreed by the relevant planning authority.
Commencement Information
I19Sch. 1 Pt. 3 para. 19 in force at 28.11.2014, see art. 1
20.—(1) No stage of the connection works shall commence until written details of the siting, design, levels and layout of any new permanent or temporary means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic, for that stage, has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority. The written details submitted must be in accordance with the General Arrangement Drawings.
(2) The highway accesses for each stage must be constructed in accordance with the approved details.
Commencement Information
I20Sch. 1 Pt. 3 para. 20 in force at 28.11.2014, see art. 1
21. All connection works must be undertaken in accordance with the principles set out in the Public Access Strategy unless otherwise agreed by the relevant planning authority.
Commencement Information
I21Sch. 1 Pt. 3 para. 21 in force at 28.11.2014, see art. 1
22.—(1) No stage of the connection works shall commence until a public rights of way diversion and closure scheme for that stage which accords with the principles of the Public Access Strategy, has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority and that scheme shall include a programme for the temporary closure and re-opening of the public rights of way specified at Schedule 4 (public rights of way to be temporarily stopped up).
(2) Each stage of the connection works must be carried out in accordance with the approved scheme.
Commencement Information
I22Sch. 1 Pt. 3 para. 22 in force at 28.11.2014, see art. 1
23.—(1) No stage of the connection works shall commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure for the relevant stage have been submitted to and approved by the relevant planning authority.
(2) All fencing must be erected in accordance with the approved details.
(3) All construction sites must remain securely fenced at all times during construction of the connection works.
(4) Any temporary fencing must be removed on completion of the connection works.
(5) Any approved permanent fencing in relation to Work No. 25 must be completed before the relevant work is brought into use.
Commencement Information
I23Sch. 1 Pt. 3 para. 23 in force at 28.11.2014, see art. 1
24.—(1) No stage of the connection works shall commence until for that stage written details of the surface and (if any) foul water drainage system (including means of pollution control) have, after consultation with the relevant sewerage and drainage authorities and the Environment Agency, been submitted to and approved by the relevant planning authority.
(2) The surface and foul water drainage system for each stage must be constructed in accordance with the approved details.
Commencement Information
I24Sch. 1 Pt. 3 para. 24 in force at 28.11.2014, see art. 1
25.—(1) No stage of the connection works shall commence until a written scheme to deal with the contamination of any land comprised in that stage, including groundwater, within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters or the environment has, after consultation with the relevant planning authority and the Environment Agency, been submitted to and approved by the relevant planning authority.
(2) The scheme must include a desk study and assessment report, informed as necessary by an intrusive site investigation, prepared by a specialist consultant approved by the relevant planning authority, to identify the extent of any contamination within the Order limits and mitigation measures to be undertaken to limit impacts arising from the potential release of contaminants.
(3) Such remediation as may be identified in the approved scheme must be carried out in accordance with the approved scheme.
(4) If during the construction of the connection works further contamination not previously identified is found to be present at the site then no further work shall be carried out on that part of the site until—
(a)a risk assessment has been carried out and the results of the risk assessment have been provided to the relevant planning authority; and
(b)such additional mitigation measures (if any) as may be identified by the risk assessment have been incorporated into the approved scheme.
Commencement Information
I25Sch. 1 Pt. 3 para. 25 in force at 28.11.2014, see art. 1
26.—(1) No stage of the connection works shall commence until in relation to that stage a written scheme for the investigation of areas of archaeological interest has been submitted to and approved by the relevant planning authority.
(2) The scheme must identify areas where field work and/or a watching brief are required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found, including—
(a)a programme of auger survey to determine the extent and depth of the peat basin in Site 30 (as identified in Chart 27.1 of the environmental statement), followed by an assessment of the core samples;
(b)a targeted programme of evaluation to focus the approach to ‘strip, map and record’ on the land comprised within the Order limits north of the A683, which is not occupied by former railway sidings;
(c)a watching brief during all archaeologically relevant ground works of land comprised within the Order limits south of the A683; and
(d)a programme of post-fieldwork assessment, analysis, reporting and archiving.
(3) Any archaeological works or watching brief carried out under the approved scheme must be by a suitably qualified person or body approved by the relevant planning authority.
(4) Any archaeological works or watching brief for each stage must be carried out in accordance with the approved scheme.
Commencement Information
I26Sch. 1 Pt. 3 para. 26 in force at 28.11.2014, see art. 1
27. All connection works must be undertaken in accordance with the principles set out in the CoCP unless otherwise agreed by the relevant planning authority.
Commencement Information
I27Sch. 1 Pt. 3 para. 27 in force at 28.11.2014, see art. 1
28.—(1) No stage of the connection works shall commence until a construction and environmental management plan (CEMP) for that stage has been submitted to and approved by the relevant planning authority, in consultation with Natural England.
(2) The CEMP must be submitted to the relevant planning authority and Natural England at least four months prior to the commencement of the relevant stage of the connection works.
(3) The CEMP must cover all the subject areas set out in the certified CoCP and any other matters the relevant planning authority, having consulted with Natural England, reasonably requires.
(4) The CEMP for each stage must be implemented as approved.
Commencement Information
I28Sch. 1 Pt. 3 para. 28 in force at 28.11.2014, see art. 1
29.—(1) No stage of the connection works shall commence until an emergency response plan relating to the construction and operation of that stage of the relevant works has been submitted for approval by the relevant planning authority after consultation with the Heysham Power Station Emergency Planning Consultative Committee (of which the relevant planning authority is a member) for the nuclear site licences at Heysham Power Station.
(2) The emergency response plan must be carried out as approved in relation to the relevant stage of the relevant works, except to the extent that any changes to the plan are agreed by the relevant planning authority after consultation with the Emergency Planning Consultative Committee.
Commencement Information
I29Sch. 1 Pt. 3 para. 29 in force at 28.11.2014, see art. 1
30.—(1) No stage of the connection works shall commence until—
(a)the methodology for the preconstruction survey work required to establish whether a European protected species is present on any of the land affected, or likely to be affected, by the relevant stage or in any of the trees to be lopped or felled as part of the relevant stage, has been submitted to and approved by the relevant planning authority in consultation with Natural England; and
(b)the preconstruction survey work for that stage has been carried out in accordance with the approved methodology.
(2) Where a European protected species is shown to be present the relevant stage of the connection works shall not begin until, after consultation with Natural England, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority. The relevant works must be carried out in accordance with the approved scheme.
(3) “European protected species” has the same meaning as in regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010(1).
Commencement Information
I30Sch. 1 Pt. 3 para. 30 in force at 28.11.2014, see art. 1
31.—(1) No stage of the connection works shall commence until a construction traffic management plan (CTMP) for that stage has been submitted to and approved by the relevant planning authority, in consultation with the highway authority, in accordance with the Outline CTMP.
(2) The CTMP for each stage must be implemented as approved.
Commencement Information
I31Sch. 1 Pt. 3 para. 31 in force at 28.11.2014, see art. 1
32.—(1) No authorised development or part of the authorised development shall commence until a port construction traffic management plan (Port CTMP) for the port-related traffic, to and from the selected base port or ports for offshore construction and/or operation of the authorised development, has been submitted to and approved by the relevant planning authority.
(2) The Port CTMP must not be submitted to the relevant planning authority for approval until the undertaker has consulted with the relevant planning authority, adjacent planning authority and relevant highway authority in relation to the terms of the Port CTMP, a transport assessment, air quality assessment and offshore construction travel plan relating to the port-related traffic to and from the selected base port or ports for offshore construction and/or operation of the authorised development, unless otherwise agreed with the relevant planning authority.
(3) When the Port CTMP is submitted to the relevant planning authority it must be accompanied by a transport assessment, air quality assessment and offshore construction travel plan relating to the port-related traffic to and from the selected base port or ports for offshore construction and/or operation of the authorised development, unless otherwise agreed with the relevant planning authority.
(4) If the transport assessment and air quality assessment submitted with the Port CTMP identify likely significant effects in terms of transport and/or air quality, the Port CTMP must include details of the measures required to mitigate those likely significant effects and a programme for the implementation of those measures.
(5) The Port CTMP must, unless otherwise agreed with the relevant planning authority, set out the particulars of—
(a)the proposed vehicle routeing plans;
(b)the proposed scheduling and timing of vehicle movements;
(c)the details of the port handling facilities for deliveries, including a parking management plan for heavy goods vehicles and construction workers’ vehicles;
(d)the swept path analysis of the proposed vehicle routes;
(e)the scope of surveys to be carried out to record the condition of the public highway, including proposed highway inspection regimes, and the proposed highway maintenance scheme to remediate damage to the highway (if any) that may be caused by construction vehicles;
(f)the details of any highway works proposed; and
(g)the details of any traffic management proposed.
(6) The relevant planning authority must not—
(a)approve the Port CTMP unless and until it has consulted with and had regard to the representations of the adjacent planning authority and relevant highway authority in relation to any or all of the Port CTMP, the transport assessment, the air quality assessment and the offshore construction travel plan; or
(b)grant any other approval, or waive any obligation of the undertaker, under the terms of this Requirement unless and until it has consulted with and had regard to the representations of the adjacent planning authority and relevant highway authority.
(7) The Port CTMP must be implemented as approved at all times specified within the Port CTMP during the offshore construction and/or operation of the authorised development.
(8) For the purposes of this Requirement—
“adjacent planning authority” means the planning authority or authorities whose administrative area(s) is/are adjacent to the administrative area(s) in which the selected base port(s) is/are located;
“air quality assessment” means a document that accords with the principles of Environmental Protection UK Guidance “Development Control: Planning for Air Quality” and “Technical Guidance LAQM.TG(09)” published by the Department for Environment, Food and Rural Affairs and agreed with the relevant planning authority for the area required to be assessed;
“base ports” means the port or ports used for construction and/or operation of the authorised development;
“offshore construction travel plan” means a document which outlines the management of the travel requirements associated with the offshore construction of the authorised development, including a programme of measures aimed at encouraging more sustainable travel, with an emphasis on reducing single occupancy car use;
“parking management plan” means a document which sets out the parking arrangements at the selected base ports for vehicles associated with the offshore construction of the authorised development and how these will be managed to ensure impacts associated with unauthorised parking on the public highway are adequately mitigated;
“relevant highway authority” means the highway authority or authorities—
in whose administrative areas the selected base ports are located; and/or
whose administrative areas are adjacent to that/those areas; and/or
the Highways Agency;
“relevant planning authority” means the planning authority or authorities in whose administrative areas the selected base ports are located;
“selected base port” or “ports” means a base port or ports situated in England; and
“transport assessment” means a document that accords with the principles set out in the Transport Statement and the national guidance given in the Guidance on Transport Assessment (2007) published by the Department for Transport and Department for Communities and Local Government, and includes an assessment of those vehicle routes agreed with the relevant highway authority or authorities.
Commencement Information
I32Sch. 1 Pt. 3 para. 32 in force at 28.11.2014, see art. 1
33.—(1) Construction work for the connection works and any construction-related traffic movements to or from the site of the relevant works must not take place other than between 0700 hours and 1900 hours Monday to Friday, 0700 hours and 1400 hours on Saturdays, with no activity on Sundays or bank holidays, save—
(a)where continuous periods of operation are required, such as concrete pouring and drilling;
(b)for the delivery of abnormal loads to the relevant works, which may cause congestion on the local road network;
(c)where works are being carried out on the foreshore;
or unless otherwise agreed with the relevant planning authority in accordance with sub-paragraph (2).
(2) All construction operations which are to be undertaken outside the hours specified in sub-paragraph (1) must be agreed with the relevant planning authority in advance, and shall be carried out within the agreed times.
Commencement Information
I33Sch. 1 Pt. 3 para. 33 in force at 28.11.2014, see art. 1
34.—(1) No stage of the connection works shall commence until a Construction Noise Management Plan (CNMP) for that stage has been submitted to and approved by the relevant planning authority.
(2) The CNMP must set out the particulars of—
(a)the construction works, and the method by which they are to be carried out;
(b)the noise attenuation and mitigation measures to be taken to minimise noise resulting from the construction works, including any noise limits;
(c)a scheme for monitoring the noise during the construction works to ensure compliance with the noise limits and effectiveness of the attenuation and mitigation measures.
(3) The CNMP for each stage must be implemented as approved.
Commencement Information
I34Sch. 1 Pt. 3 para. 34 in force at 28.11.2014, see art. 1
35.—(1) The noise emanating from the operation of Work No. 25 (including transformers, cooling fans, switch gear and power lines) (including any relevant penalties for tonal or impulsive noise in accordance with section 8 of BS4142:1997) must not exceed the following levels by reference to the specified points marked on the Noise Monitoring Location Plan—
(a)35dB(A) when measured at Mossgate Park (R1); and
(b)35dB(A) when measured at Borrans Lane Static Homes (R2).
(2) Noise measurements shall be expressed as 5 minute L(A)eq values.
(3) All standby generator testing in relation to the connection works must be undertaken during the hours of 0900 to 1700 on Mondays to Saturdays, and not at all on Sundays or bank holidays, unless otherwise agreed with the relevant planning authority.
Commencement Information
I35Sch. 1 Pt. 3 para. 35 in force at 28.11.2014, see art. 1
36.—(1) No stage of the connection works shall commence until a Construction Phase Air Quality Management Plan (AQMP) for that stage has been submitted to and approved by the relevant planning authority.
(2) The AQMP must cover all the subject areas set out in the certified CoCP and any other matters the relevant planning authority reasonably requires.
(3) The AQMP for each stage must be implemented as approved.
Commencement Information
I36Sch. 1 Pt. 3 para. 36 in force at 28.11.2014, see art. 1
37.—(1) No stage of the connection works shall commence until a written scheme for the management and mitigation of artificial light emissions during the construction and/or operation of the relevant stage has been submitted to and approved by the relevant planning authority, in consultation with Natural England.
(2) The scheme for the management and mitigation of artificial light emissions for each stage must be implemented as approved.
Commencement Information
I37Sch. 1 Pt. 3 para. 37 in force at 28.11.2014, see art. 1
38.—(1) No stage of the connection works shall commence until a written scheme for the mitigation of flood risk during the construction and/or operation of the relevant stage has been submitted to and, after consultation with the Environment Agency and the Lead Local Flood Authority, approved by the relevant planning authority.
(2) The scheme referred to in sub-paragraph (1) shall be prepared in accordance with the principles set out in the environmental statement and the flood risk assessment annexed thereto.
(3) The scheme of flood risk mitigation for each stage must be implemented as approved.
Commencement Information
I38Sch. 1 Pt. 3 para. 38 in force at 28.11.2014, see art. 1
39. Any land landward of mean low water level within the Order limits which is used temporarily for construction of the connection works, and not incorporated in permanent works or approved landscaping, must be reinstated to its former condition, or such condition as the relevant planning authority may approve, within six months of completion of the onshore works, or such other period as the relevant planning authority may approve.
Commencement Information
I39Sch. 1 Pt. 3 para. 39 in force at 28.11.2014, see art. 1
40.—(1) Upon the cessation of commercial operation of the onshore substation [F2comprised] in Work No. 25, a written scheme for the demolition and removal of that substation, and the final proposed condition of the relevant land, including a proposed timetable, must be submitted to and approved by the relevant planning authority, in consultation with Natural England.
(2) The scheme for decommissioning shall be implemented as approved.
Textual Amendments
F2Word in Sch. 1 Pt. 3 para. 40 substituted (25.4.2015) by The Walney Extension Offshore Wind Farm (Correction) Order 2015 (S.I. 2015/1270), art. 1, Sch.
Commencement Information
I40Sch. 1 Pt. 3 para. 40 in force at 28.11.2014, see art. 1
41. Where under any of the above Requirements the approval or agreement of the Secretary of State, the relevant planning authority or another person or body is required, notification of such approval or agreement must be given in writing.
Commencement Information
I41Sch. 1 Pt. 3 para. 41 in force at 28.11.2014, see art. 1
42.—(1) With respect to any Requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority or another approval authority as specified in the Requirement (the “discharging authority”), the approved details must be carried out as approved unless an amendment or variation is agreed in advance by the discharging authority, in accordance with sub-paragraph (2), and in consultation with any body specified in the relevant Requirement.
(2) Where any Requirement specifies “unless otherwise agreed” by the discharging authority such agreement shall not be given except in relation to immaterial changes where it has been demonstrated to the satisfaction of the discharging authority that the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
(3) The approved details shall include any amendments that may subsequently be agreed by the discharging authority.
Commencement Information
I42Sch. 1 Pt. 3 para. 42 in force at 28.11.2014, see art. 1
S.I. 2010/490. There are amendments to these Regulations which are not relevant to this Order.