The Rampion Offshore Wind Farm (Amendment) Order 2021

Statutory Instruments

2021 No. 535

Infrastructure Planning

The Rampion Offshore Wind Farm (Amendment) Order 2021

Made

29th April 2021

Coming into force

30th April 2021

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 Part 1 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011(2) (the “2011 Regulations”) for a non-material change to the Rampion Offshore Wind Farm Order 2014 (the “2014 Order”)(3).

The Secretary of State, having considered the application, the responses to the publicity and the consultation required by Regulations 6 and 7 of the 2011 Regulations, has decided to make this Order amending the 2014 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 Rampion Offshore Wind Farm (Amendment) Order 2021 and comes into force on 30th April 2021.

Amendment to the Rampion Offshore Wind Farm Order 2014

2.  The Rampion Offshore Wind Farm Order 2014 is amended in accordance with this Order.

Amendment to Article 2 (Interpretation)

3.  In Article 2, after the definition of “requirements” insert—

““revised footpath stopping up and diversion plan” means the plan dated 14 October 2020 and certified as the revised footpath stopping up and diversion plan by the Secretary of State for the purposes of this Order;”.

Amendment to Article 17

4.  Article 17 (Public rights of way) is amended as follows—

(a) In paragraph (1) after “by reference to the letters shown on the” insert “revised”;

(b) In paragraph (2) after “and on the” insert “revised”.

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

5.  Requirement 15 of Part 3 (Requirements) of Schedule 1 (Authorised Project) is amended as follows—

(a) For paragraph (1) substitute—

“(1) No stage of the connection works shall commence until, for that stage, the undertaker has provided to the relevant highway authority for its approval a public rights of way diversion and closure scheme (which accords with the public rights of way strategy) which 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), save for the National Trail in the South Downs National Park, comprising—

(i) a plan for the sequencing of construction of the connection works;

(ii) any alternative routes during the temporary closure, including routes within the working width; and

(iii) the re-opening of the public rights of way upon the cessation of that part of the authorised development requiring the temporary closure of those rights of way.”

(b) For paragraph (2) substitute—

“(2) The authorised development shall thereafter be carried out in accordance with the approved scheme and any new footpath forming part of Footpath 8T specified in Schedule 3 (footpath to be permanently stopped up) must be carried out in accordance with a specification that has been previously agreed with the relevant planning authority.”

Amendment to Schedule 3 (footpath to be permanently stopped up)

6.  Schedule 3 (footpath to be permanently stopped up) is amended as follows—

(a) in column (3) (Extent of stopping up)—

(i) for “453 metres” substitute “186 metres”;

(ii) for “vertical zebra stripes” substitute “black and white dashes”; and

(iii) for “A and E on the” substitute “A and B on the revised”;

(b) in column (4) (New footpath to be substituted)—

(i) for “736 metres” substitute “218 metres”;

(ii) for “black” substitute “solid orange”; and

(iii) for “A, B, C, D and E on the” substitute “A and B on the revised”.

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

29th April 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), a Development Consent Order made under the Planning Act 2008 (c.29), following an application made in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (S.I. 2011/2055) for a non-material change under paragraph 2 of Schedule 6 to the Planning Act 2008. This Order permits a change in alignment to a public right of way being a public footpath, to the north of Bob Lane, Twineham, West Sussex.

(1)

2008 c.29. Paragraph 2 as 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, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2015/760, S.I. 2017/314, S.I. 2017/524, S.I. 2018/378, S.I. 2019/734 and S.I. 2020/764.

(3)

S.I. 2014/1873 as amended by S.I. 2015/1319.