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The Hornsea Three Offshore Wind Farm (Correction) Order 2021

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Statutory Instruments

2021 No. 599

Infrastructure Planning

The Hornsea Three Offshore Wind Farm (Correction) Order 2021

Made

20th May 2021

Coming into force

21st May 2021

The Hornsea Three Offshore Wind Farm Order 2020 (“the Order”)(1), which granted development consent within the meaning of the Planning Act 2008 (“the Act”)(2), contains correctable errors within the meaning of paragraph 1 of Schedule 4 to the Act.

In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period (as defined in paragraph 1(6)(a) of Schedule 4 to the Act), the Secretary of State received a written request from the applicant(3) for the correction of errors and omissions in the Order.

In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed Norfolk County Council, North Norfolk District Council, Broadland District Council and South Norfolk Council as the relevant local planning authorities(4), that the request has been received.

The Secretary of State, in exercise of the powers conferred by section 119, and paragraphs 1(4) and 1(8) of Schedule 4 to the Act, makes the following Order—

Citation and commencement

1.—(1) This Order may be cited as the Hornsea Three Offshore Wind Farm (Correction) Order 2021.

(2) This Order comes into force on 21st May 2021.

Corrections

2.  The Hornsea Three Offshore Wind Farm Order 2020 is corrected as set out in the table in the Schedule to this Order, in which—

(a)column 1 sets out where the correction is to be made;

(b)column 2 sets out how the correction is to be made; and

(c)column 3 sets out the text which is to be substituted, inserted or omitted.

Signed by the 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

20th May 2021

Article 2

SCHEDULECorrections

Column (1)

Where the correction is made

Column (2)

How the correction is made

Column (3)

Text substituted, inserted or omitted

PreambleIn the third paragraph of the preamble after “section 104(2)” omit“(”
Article 2(1)In the definition of “highway” and “highway authority” after “in the 1980 Act(a)” insert“;”
Article 2(1)In the definition of “location plan” for “article 36 ;” substitute“article 36;”
Article 2(1)In definition of “offshore HVAC booster station” for “(c)” and “(d)” substitute“(a)” and “(b)” respectively
Article 2(1)After the definition of “offshore HVAC booster station” insert““the offshore Order limits and grid coordinates plan” means the plan or plans certified by the Secretary of State as the offshore Order limits and grid coordinates plan for the purposes of the Order under article 36;”
Article 2(1)In the definition of “onshore construction works” at paragraph (c) for “compounds(s).” substitute“compound(s);”
Article 2(1)After the definition of “onshore HVDC/HVAC substation” insert““the onshore Order limits plan” means the plans certified by the Secretary of State as the onshore Order limits plan for the purposes of the Order under article 36;”
Article 2(1)After the definition of “the Order land” omit

““the offshore Order limits and grid coordinates plan” means the plan or plans certified by the Secretary of State as the offshore Order limits and grid coordinates plan for the purposes of the Order under article 36;

“the onshore Order limits plan” means the plans certified by the Secretary of State as the onshore Order limits plan for the purposes of the Order under article 36;”

Article 20(2)After “land in which only new rights etc.” insert“,”
Article 20(3)Before “creation” omit“the”
Article 20(3)After “rights)” insert“)”
Article 22(6)After “compulsory purchase order)” insert“””
Article 24(5)(b)In paragraph (b), in both places that it occurs, for “development” substitute“project”
Article 24(5)(b)After “Hornsea Three” insert“Offshore”
Article 26(3)After “land under this article”, in the second place it occurs, insert“—”
Article 26(10)For “2008 Act (” substitute“2008 Act.”
Article 38(1)For “Sub-section” substitute“Subsection”
Article 38(1)(c)For “Sub-section” substitute“subsection”
Article 44After subsection (9) insert“(10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.”
Schedule 1, Part 1, Work No.7(a)After “Work No.6” for “to” substitute“and”
Schedule 1, Part 3, Requirement 7(1)(h)After “and supports” for “;” substitute“,”
Schedule 1, Part 3, Requirement 7(4)For “paragraph” substitute“sub-paragraph”
Schedule 1, Part 3, Requirement 8(3)(a)After “Hedgerow Regulations 1997;” omit“and”
Schedule 7, paragraph 2(2)For “paragraph 4” substitute“paragraph 5”
Schedule 7, paragraph 6(b)Before “conveyance” insert“ (”
Schedule 9, Part 2, Paragraph 6(3)For “subparagraph 6(1)” substitute“sub-paragraph (1)”
Schedule 9, Part 2, Paragraph 7(2)After “facilities and rights” insert“—”
Schedule 9, Part 2, Paragraph 10(3)After “method statement describing” for “-” substitute“—”
Schedule 9, Part 2, Paragraph 10(8)For “(3)or” substitute“(3) or”
Schedule 9, Part 2, Paragraph 10(9)For “paragraphs” substitute“sub-paragraphs”
Schedule 9, Part 2, Paragraph 10(9)For “(3)and” substitute“(3) and”
Schedule 9, Part 2, Paragraph 12(3)(b)For “article 5(b)” substitute“article 5”
Schedule 9, Part 2, Paragraph 12(3)(b)For “sub-paragraph 12(3)(b)” substitute“sub-paragraph (3)(b)”
Schedule 9, Part 3, Paragraph 6(3)For “sub-paragraph 6(1)” substitute“sub-paragraph (1)”
Schedule 9, Part 3, Paragraph 7(2)After “facilities and rights” insert“—”
Schedule 9, Part 3, Paragraph 15For “paragraph” substitute“paragraphs”
Schedule 9, Part 5, Paragraph 5(2)For “paragraph 5(1)(a)” substitute“sub-paragraph (1)(a)”
Schedule 9, Part 5, Paragraph 21After “documents” insert“,”
Schedule 9, Part 9, Paragraph 2In the definition of “Norfolk Boreas Order” for “Norfolk Boreas Offshore Wind Farm ;” substitute“Norfolk Boreas Offshore Wind Farm;”
Schedule 9, Part 9, Paragraph 6(4)At the end of sub-paragraph (4) after “Norfolk Boreas Cable Corridor”, in the second place it occurs, for “;” substitute“.”
Schedule 9, Part 9, Paragraph 7(2)Before “Boreas notice” omit“the”
Schedule 13, Paragraph 4(7)For “Award” substitute“award”
Schedule 14, Part 1, Paragraph 1In definition of “kittiwake compensation plan” after “plan”, in the first place it occurs, insert“””
Schedule 14, Part 2, Paragraph 11For “the Project” substitute“the SIPs”
Schedule 14, Part 2, Paragraph 13(e)For “the Project” substitute“the authorised project”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order corrects errors and omissions identified in the Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), which granted development consent under the Planning Act 2008 (c.29), following a request under paragraph 1(5)(a) of Schedule 4 to that Act.

(2)

2008 c. 29. Paragraph 1 of Schedule 4 was amended by paragraph 70 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c.20) and by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c.23). There are other amendments to the Act which are not relevant to this Order.

(3)

As defined in paragraph 4 of Schedule 4 to the Act.

(4)

As defined in paragraph 4 of Schedule 4 to the Act.

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