The Morgan Offshore Wind Project Generation Assets Order 2025
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Change 1
SCHEDULE 2 Requirements
Article 3 Time limits 1 The authorised development must commence no later than the expiration of seven years beginning with the date this Order comes into force. Design parameters 2 (1) The wind turbine generators to be constructed as part of the authorised development must be located within the area shown on the works plan. (2) No part of any wind turbine generators to be constructed as part of the authorised development shall extend beyond the Order limits. (3) The authorised development must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 1. (4) The undertaker may not undertake Work No. 1 in a manner which would give rise to any materially new or materially different environmental effects to those identified in the environmental statement based upon the maximum design scenarios set out in Table 3.5 of the environmental statement. (5) References to the location of an offshore surface structure in Table 1 is a reference to the centre point of that structure. (6) In the event that driven or part-driven pile foundations are proposed to be used, the hammer energy used to drive or part-drive the pile foundations must not exceed— (a) 4,400kJ in respect of pin pile foundations at up to 16 locations; and (b) 3,000kJ in respect of any other foundations. Table 1 Parameter | Value Maximum number of wind turbine generators | 96 Maximum height of wind turbine generators when measured from LAT to the tip of the vertical blade (m) | 364 Maximum rotor diameter of each wind turbine generator (m) | 320 Maximum rotor swept area (m²) | 5,468,884 Minimum distance from LAT to the lowest point of the rotating blade for each turbine (m) | 34 Minimum distance from HAT to the lowest point of the rotating blade for each turbine (m) | 26 Minimum distance between all offshore surface structures (in all directions) (m) | 1,400 Maximum diameter of pin-piles for wind turbine generators on jacket pin-pile foundations (m) | 5.5 Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (m) | 49 Maximum diameter of buckets for wind turbine generators on suction bucket jackets (m) | 18 Maximum diameter of pin-piles for offshore substation platforms on jacket pin-pile foundations (m) | 5.5 Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (m) | 80 Maximum diameter of buckets for offshore substation platforms on suction bucket jackets (m) | 18 Maximum number of wind turbines on jacket driven pin-pile foundations | 64 Maximum total volume of extracted seabed material to be used in gravity base foundations (m³) | 490,000 Maximum total seabed footprint of wind turbine generators (including scour protection) (m²) | 735,488 Maximum volume of scour protection for wind turbine generators (m³) | 1,701,998 Maximum volume of scour protection for offshore substation foundations (m³) | 58,361 Maximum number of offshore substation platforms | 4 Maximum dimensions of offshore substations (excluding towers, helipads, masts, and cranes): Height when measured from LAT (m) | 70 Length (m) | 80 Width (m) | 60 Maximum total seabed footprint area for offshore substation foundations (including scour protection) (m²) | 24,964 Maximum total length of cables (km) | 450 Maximum number of cable crossings | 20 Maximum volume of cable protection (inter-array and interconnector) (m³) | 852,600 Maximum total seabed footprint area for cable protection (inter-array and interconnector) (m²) | 548,800 Aviation safety 3 (1) The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by Air Navigation Order 2016 and/or determined necessary for aviation safety in consultation with the Defence Infrastructure Organisation Safeguarding and as directed by the Civil Aviation Authority. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the life of the authorised development unless otherwise agreed with the Ministry of Defence. (2) The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14 days prior to the commencement of the scheduled works, of the following— (a) the date of the commencement of construction of the scheduled works; (b) the date any wind turbine generators are brought into use; (c) the maximum height of any construction equipment to be used; (d) the maximum heights of any wind turbine generator, and offshore substation platform to be constructed; and (e) the latitude and longitude of each wind turbine generator, and offshore substation platform to be constructed; (3) The Defence Infrastructure Organisation must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the scheduled works. (3) The lights installed in accordance with paragraph (1) will be operated at the lowest permissible lighting intensity level. St Anne’s and Lowther Hill Primary Surveillance Radar 4 (1) No part of any wind turbine generator shall be erected as part of the authorised development until a primary radar mitigation scheme agreed in advance with the operator has been submitted to and approved in writing by the Secretary of State in order to avoid the impact of the development on the primary radar of the operator located at St Anne’s and Lowther Hill Primary Surveillance Radar and associated air traffic management operations. (2) No part of any wind turbine generator shall be erected until the approved primary radar mitigation scheme has been implemented and the authorised development shall thereafter be operated fully in accordance with such approved scheme. (3) For the purposes of this requirement— (a) “operator” means NATS (En Route) plc, incorporated under the Companies Act (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants 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); and (b) “primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to avoid at all times the impact of the development on the St Anne’s and Lowther Hill Primary Surveillance Radar and air traffic management operations of the operator. Operation of Warton Aerodrome (Air traffic services) 5 (1) No part of any wind turbine generator shall be erected as part of the authorised development until— (a) the Secretary of State, having consulted with the operator and the CAA, confirms in writing that no mitigation is required in respect of the authorised development; or (b) the Secretary of State has, having consulted with the operator and the CAA— (i) approved in writing an ATS mitigation scheme; and (ii) confirmed in writing that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator (the costs of which shall be the sole responsibility of the undertaker in accordance with sub-paragraph (3)(a)). (2) The approved ATS mitigation scheme must remain in place and be complied with for the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10). (3) The undertaker shall be solely responsible for the costs of— (a) implementing the approved ATS mitigation scheme prior to the erection of any part of any wind turbine generator ... forming part of the authorised development; (b) thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of the approved ATS mitigation scheme throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10); and (c) in the event of any amendment being made to the authorised development which gives rise to adverse impacts on the operation of Warton Aerodrome which are new or different to those identified by the environmental statement, working with the CAA and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10), together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures. (4) For the purposes of this requirement— “approved ATS mitigation scheme” means the ATS mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1)(b)(i). “ATS mitigation scheme” means a scheme which is designed to prevent or remove any adverse impacts arising from the authorised development on the operation of Warton Aerodrome, including, but not limited to— the Aerodrome’s ability to provide and deliver on an uninterrupted basis— national sovereign defence capabilities; safe airport operational and air traffic services that are fit for purpose for both civil and military aircraft operations; and any other operational requirements which are identified by the operator; and the Aerodrome’s IFP, MSA, DF, VHF and UHF communication systems; “CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982; “DF” means direction finding; “IFP” means instrument flight procedures; “MSA” means minimum sector altitude; “operator” means BAE Systems (Operations) Limited (incorporated in England and Wales with company number 01996687, whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey, GU16 7EX) 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 at Warton Aerodrome or any ... organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome; “UHF” means ultra high frequency; and “VHF” means very high frequency. Warton Aerodrome Primary Surveillance Rader 6 (1) No part of any wind turbine generator shall be erected as part of the authorised development until a radar mitigation scheme has been submitted to and approved in writing by the Secretary of State, in consultation with the Ministry of Defence and the operator. (2) No wind turbine generator erected as part of the authorised development shall be permitted to rotate its rotor blades about its horizontal axis other than for the purpose of testing the proposed mitigation solution identified in the approved radar mitigation scheme until the Secretary of State, following consultation with the Ministry of Defence and the operator, has confirmed in writing that he is satisfied that— (a) the proposed mitigation solution has been subject to technical and operational assessment and, in particular, has undergone ‘in-situ’ testing in line with the requirements of (and for the time period(s) specified in) the approved radar mitigation scheme; (b) the performance criteria required to be met by the proposed mitigation solution, as specified in the approved radar mitigation scheme, have been met; and (c) the approved radar mitigation scheme has been implemented by the operator (the costs of which shall be the sole responsibility of the undertaker in accordance with sub-paragraph (4)(a)). (3) The approved radar mitigation scheme must remain in place and be complied with for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator (or both). (4) The undertaker shall be solely responsible for the costs of— (a) implementing the approved radar mitigation scheme prior to any wind turbine generator erected as part of the authorised development being permitted to rotate its rotor blades about its horizonal axis; (b) thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of the approved radar mitigation scheme for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator (or both); and (c) in the event of any amendment being made to the authorised development which gives rise to new or different adverse impacts to those identified by the environmental statement on the operation of the PSR or the PSR air traffic control operations, working with the Ministry of Defence and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator (or both), together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures. (5) For the purposes of this requirement— “approved radar mitigation scheme” means the radar mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1); “Ministry of Defence” means the Ministry of Defence as represented by Defence Infrastructure Organisation – DIO Safeguarding, DIO Head Office, St George’s House, DMS Whittington, Litchfield, Staffordshire, WS14 9PY or any successor body; “operator” means BAE Systems (Operations) Limited (incorporated in England and Wales with company number 01996687 whose registered office is Victory Point, Lyon Way, Frimley, Camberley, Surrey, GU16 7EX) 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 or any ... organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome; “PSR” means the primary surveillance radar at Warton Aerodrome or any upgrade thereto or replacement thereof; “PSR air traffic control operations” means the air traffic control operations, including both civil and military aircraft operations, of the Ministry of Defence or the operator (or both) which are reliant upon the PSR; and “radar mitigation scheme” means a scheme designed to prevent or remove any adverse impacts arising from the authorised development upon the operation of the PSR or the PSR air traffic control operations. Operation of Walney Aerodrome (Air traffic services) 7 (1) No part of any wind turbine generator shall be erected as part of the authorised development until— (a) the Secretary of State, having consulted with the operator and the CAA, confirms in writing that no mitigation is required in respect of the authorised development; or (b) the Secretary of State has, having consulted with the operator and the CAA— (i) approved in writing an ATS mitigation scheme; and (ii) confirmed in writing that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator (the costs of which shall be the sole responsibility of the undertaker in accordance with sub-paragraph (3)(a)). (2) The approved ATS mitigation scheme must remain in place and be complied with for the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10). (3) The undertaker shall be solely responsible for the costs of— (a) implementing the approved ATS mitigation scheme prior to the erection of any part of any wind turbine generator ... forming part of the authorised development; (b) thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of the approved ATS mitigation scheme throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10); and (c) in the event of any amendment being made to the authorised development which gives rise to adverse impacts on the operation of Walney Aerodrome which are new or different to those identified by the environmental statement, working with the CAA and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10), together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures. (4) For the purposes of this requirement— “approved ATS mitigation scheme” means the ATS mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1)(b)(i); “ATS mitigation scheme” means a scheme which is designed to prevent or remove any adverse impacts arising from the authorised development on the operation of Walney Aerodrome, including but not limited to— the Aerodrome’s ability to provide and deliver, on an uninterrupted basis— national sovereign defence capabilities; safe airport operational and air traffic services that are fit for purpose for both civil and military aircraft operations; and any other operational requirements which are identified by the operator; and the Aerodrome’s IFP, MSA and VHF communication systems, ...; “CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982; “IFP” means instrument flight procedures; “MSA” means minimum sector altitude; “operator” means BAE Systems Marine Limited (incorporated in England and Wales with company number 00229770, whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey GU16 7EX) 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 at Walney Aerodrome or any organisation employed by BAE Systems Marine Limited to provide an air traffic service at Walney Aerodrome; and “VHF” means very high frequency. Air traffic services at Isle of Man Airport 8 (1) No part of any wind turbine generator shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the Isle of Man Civil Aviation Administration, confirms in writing that either— (a) no appropriate mitigation is required in respect of the authorised development; or (b) an appropriate mitigation scheme will be implemented and maintained for the life of the authorised development. (2) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the life of the authorised development. (3) For the purposes of this requirement— “appropriate mitigation scheme” means a scheme agreed with the operator which sets out measures taken to prevent or remove any adverse impacts of the authorised development on the Isle of Man Primary Surveillance Radar and air traffic management operations and the operator’s ability to provide safe and efficient air traffic services for Isle of Man Airport during the life of the authorised development; and “operator” means Isle of Man Airport or such other organisation as is licensed from time to time to provide air traffic services for Isle of Man Airport. Operation of Blackpool Airport 9 (1) No part of any wind turbine generator shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the Civil Aviation Authority, confirms in writing that it is satisfied that— (a) appropriate mitigation will be implemented and maintained throughout the lifetime of the authorised development; and (b) appropriate arrangements have been put in place with the operator to ensure that such appropriate mitigation is so implemented prior to construction of any wind turbine generator and thereafter maintained. (2) The undertaker shall thereafter comply with all obligations contained within the approved ... mitigation for the lifetime of the authorised development. (3) For the purposes of this requirement— “appropriate mitigation” means measures to prevent or remove any adverse impacts which the authorised development will have on the ability of the operator to provide safe airport operational and air traffic services (including but not limited to any adverse impacts on instrument flight procedures, minimum sector altitudes, and very high frequency radio and direction finding communication systems) for Blackpool Airport; “approved mitigation” means the appropriate mitigation agreed with the Civil Aviation Authority and the operator and confirmed by the Secretary of State in accordance with sub-paragraph (1); and “operator” means Blackpool Airport Operations Limited (incorporated in England and Wales with company number 09307995 and whose registered office is Number One Bickerstaffe Square, Talbot Road, Blackpool, FY1 3AH), 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 Blackpool Airport. Decommissioning 10 No works may 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) (requirement to prepare decommissioning programmes) of the 2004 Act has been submitted to the Secretary of State. Requirement for written approval 11 Where under any of the above requirements the approval or agreement of the Secretary of State or another person is required, that approval or agreement must be given in writing. Amendments to approved details 12 With respect to any requirement which requires the authorised project to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved or agreed by the person responsible for the original approval.
SCHEDULE 2 Requirements
Article 3 Time limits 1 The authorised development must commence no later than the expiration of seven years beginning with the date this Order comes into force. Design parameters 2 (1) The wind turbine generators to be constructed as part of the authorised development must be located within the area shown on the works plan. (2) No part of any wind turbine generators to be constructed as part of the authorised development shall extend beyond the Order limits. (3) The authorised development must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 1. (4) The undertaker may not undertake Work No. 1 in a manner which would give rise to any materially new or materially different environmental effects to those identified in the environmental statement based upon the maximum design scenarios set out in Table 3.5 of the environmental statement. (5) References to the location of an offshore surface structure in Table 1 is a reference to the centre point of that structure. (6) In the event that driven or part-driven pile foundations are proposed to be used, the hammer energy used to drive or part-drive the pile foundations must not exceed— (a) 4,400kJ in respect of pin pile foundations at up to 16 locations; and (b) 3,000kJ in respect of any other foundations. Table 1 Parameter | Value Maximum number of wind turbine generators | 96 Maximum height of wind turbine generators when measured from LAT to the tip of the vertical blade (m) | 364 Maximum rotor diameter of each wind turbine generator (m) | 320 Maximum rotor swept area (m²) | 5,468,884 Minimum distance from LAT to the lowest point of the rotating blade for each turbine (m) | 34 Minimum distance from HAT to the lowest point of the rotating blade for each turbine (m) | 26 Minimum distance between all offshore surface structures (in all directions) (m) | 1,400 Maximum diameter of pin-piles for wind turbine generators on jacket pin-pile foundations (m) | 5.5 Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (m) | 49 Maximum diameter of buckets for wind turbine generators on suction bucket jackets (m) | 18 Maximum diameter of pin-piles for offshore substation platforms on jacket pin-pile foundations (m) | 5.5 Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (m) | 80 Maximum diameter of buckets for offshore substation platforms on suction bucket jackets (m) | 18 Maximum number of wind turbines on jacket driven pin-pile foundations | 64 Maximum total volume of extracted seabed material to be used in gravity base foundations (m³) | 490,000 Maximum total seabed footprint of wind turbine generators (including scour protection) (m²) | 735,488 Maximum volume of scour protection for wind turbine generators (m³) | 1,701,998 Maximum volume of scour protection for offshore substation foundations (m³) | 58,361 Maximum number of offshore substation platforms | 4 Maximum dimensions of offshore substations (excluding towers, helipads, masts, and cranes): Height when measured from LAT (m) | 70 Length (m) | 80 Width (m) | 60 Maximum total seabed footprint area for offshore substation foundations (including scour protection) (m²) | 24,964 Maximum total length of cables (km) | 450 Maximum number of cable crossings | 20 Maximum volume of cable protection (inter-array and interconnector) (m³) | 852,600 Maximum total seabed footprint area for cable protection (inter-array and interconnector) (m²) | 548,800 Aviation safety 3 (1) The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by Air Navigation Order 2016 and/or determined necessary for aviation safety in consultation with the Defence Infrastructure Organisation Safeguarding and as directed by the Civil Aviation Authority. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the life of the authorised development unless otherwise agreed with the Ministry of Defence. (2) The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14 days prior to the commencement of the scheduled works, of the following— (a) the date of the commencement of construction of the scheduled works; (b) the date any wind turbine generators are brought into use; (c) the maximum height of any construction equipment to be used; (d) the maximum heights of any wind turbine generator, and offshore substation platform to be constructed; and (e) the latitude and longitude of each wind turbine generator, and offshore substation platform to be constructed; (3) The Defence Infrastructure Organisation must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the scheduled works. (3) The lights installed in accordance with paragraph (1) will be operated at the lowest permissible lighting intensity level. St Anne’s and Lowther Hill Primary Surveillance Radar 4 (1) No part of any wind turbine generator shall be erected as part of the authorised development until a primary radar mitigation scheme agreed in advance with the operator has been submitted to and approved in writing by the Secretary of State in order to avoid the impact of the development on the primary radar of the operator located at St Anne’s and Lowther Hill Primary Surveillance Radar and associated air traffic management operations. (2) No part of any wind turbine generator shall be erected until the approved primary radar mitigation scheme has been implemented and the authorised development shall thereafter be operated fully in accordance with such approved scheme. (3) For the purposes of this requirement— (a) “operator” means NATS (En Route) plc, incorporated under the Companies Act (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants 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); and (b) “primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to avoid at all times the impact of the development on the St Anne’s and Lowther Hill Primary Surveillance Radar and air traffic management operations of the operator. Operation of Warton Aerodrome (Air traffic services) 5 (1) No part of any wind turbine generator shall be erected as part of the authorised development until— (a) the Secretary of State, having consulted with the operator and the CAA, confirms in writing that no mitigation is required in respect of the authorised development; or (b) the Secretary of State has, having consulted with the operator and the CAA— (i) approved in writing an ATS mitigation scheme; and (ii) confirmed in writing that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator (the costs of which shall be the sole responsibility of the undertaker in accordance with sub-paragraph (3)(a)). (2) The approved ATS mitigation scheme must remain in place and be complied with for the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10). (3) The undertaker shall be solely responsible for the costs of— (a) implementing the approved ATS mitigation scheme prior to the erection of any part of any wind turbine generator ... forming part of the authorised development; (b) thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of the approved ATS mitigation scheme throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10); and (c) in the event of any amendment being made to the authorised development which gives rise to adverse impacts on the operation of Warton Aerodrome which are new or different to those identified by the environmental statement, working with the CAA and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10), together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures. (4) For the purposes of this requirement— “approved ATS mitigation scheme” means the ATS mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1)(b)(i). “ATS mitigation scheme” means a scheme which is designed to prevent or remove any adverse impacts arising from the authorised development on the operation of Warton Aerodrome, including, but not limited to— the Aerodrome’s ability to provide and deliver on an uninterrupted basis— national sovereign defence capabilities; safe airport operational and air traffic services that are fit for purpose for both civil and military aircraft operations; and any other operational requirements which are identified by the operator; and the Aerodrome’s IFP, MSA, DF, VHF and UHF communication systems; “CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982; “DF” means direction finding; “IFP” means instrument flight procedures; “MSA” means minimum sector altitude; “operator” means BAE Systems (Operations) Limited (incorporated in England and Wales with company number 01996687, whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey, GU16 7EX) 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 at Warton Aerodrome or any ... organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome; “UHF” means ultra high frequency; and “VHF” means very high frequency. Warton Aerodrome Primary Surveillance Rader 6 (1) No part of any wind turbine generator shall be erected as part of the authorised development until a radar mitigation scheme has been submitted to and approved in writing by the Secretary of State, in consultation with the Ministry of Defence and the operator. (2) No wind turbine generator erected as part of the authorised development shall be permitted to rotate its rotor blades about its horizontal axis other than for the purpose of testing the proposed mitigation solution identified in the approved radar mitigation scheme until the Secretary of State, following consultation with the Ministry of Defence and the operator, has confirmed in writing that he is satisfied that— (a) the proposed mitigation solution has been subject to technical and operational assessment and, in particular, has undergone ‘in-situ’ testing in line with the requirements of (and for the time period(s) specified in) the approved radar mitigation scheme; (b) the performance criteria required to be met by the proposed mitigation solution, as specified in the approved radar mitigation scheme, have been met; and (c) the approved radar mitigation scheme has been implemented by the operator (the costs of which shall be the sole responsibility of the undertaker in accordance with sub-paragraph (4)(a)). (3) The approved radar mitigation scheme must remain in place and be complied with for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator (or both). (4) The undertaker shall be solely responsible for the costs of— (a) implementing the approved radar mitigation scheme prior to any wind turbine generator erected as part of the authorised development being permitted to rotate its rotor blades about its horizonal axis; (b) thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of the approved radar mitigation scheme for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator (or both); and (c) in the event of any amendment being made to the authorised development which gives rise to new or different adverse impacts to those identified by the environmental statement on the operation of the PSR or the PSR air traffic control operations, working with the Ministry of Defence and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator (or both), together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures. (5) For the purposes of this requirement— “approved radar mitigation scheme” means the radar mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1); “Ministry of Defence” means the Ministry of Defence as represented by Defence Infrastructure Organisation – DIO Safeguarding, DIO Head Office, St George’s House, DMS Whittington, Litchfield, Staffordshire, WS14 9PY or any successor body; “operator” means BAE Systems (Operations) Limited (incorporated in England and Wales with company number 01996687 whose registered office is Victory Point, Lyon Way, Frimley, Camberley, Surrey, GU16 7EX) 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 or any ... organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome; “PSR” means the primary surveillance radar at Warton Aerodrome or any upgrade thereto or replacement thereof; “PSR air traffic control operations” means the air traffic control operations, including both civil and military aircraft operations, of the Ministry of Defence or the operator (or both) which are reliant upon the PSR; and “radar mitigation scheme” means a scheme designed to prevent or remove any adverse impacts arising from the authorised development upon the operation of the PSR or the PSR air traffic control operations. Operation of Walney Aerodrome (Air traffic services) 7 (1) No part of any wind turbine generator shall be erected as part of the authorised development until— (a) the Secretary of State, having consulted with the operator and the CAA, confirms in writing that no mitigation is required in respect of the authorised development; or (b) the Secretary of State has, having consulted with the operator and the CAA— (i) approved in writing an ATS mitigation scheme; and (ii) confirmed in writing that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator (the costs of which shall be the sole responsibility of the undertaker in accordance with sub-paragraph (3)(a)). (2) The approved ATS mitigation scheme must remain in place and be complied with for the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10). (3) The undertaker shall be solely responsible for the costs of— (a) implementing the approved ATS mitigation scheme prior to the erection of any part of any wind turbine generator ... forming part of the authorised development; (b) thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of the approved ATS mitigation scheme throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10); and (c) in the event of any amendment being made to the authorised development which gives rise to adverse impacts on the operation of Walney Aerodrome which are new or different to those identified by the environmental statement, working with the CAA and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10), together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures. (4) For the purposes of this requirement— “approved ATS mitigation scheme” means the ATS mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1)(b)(i); “ATS mitigation scheme” means a scheme which is designed to prevent or remove any adverse impacts arising from the authorised development on the operation of Walney Aerodrome, including but not limited to— the Aerodrome’s ability to provide and deliver, on an uninterrupted basis— national sovereign defence capabilities; safe airport operational and air traffic services that are fit for purpose for both civil and military aircraft operations; and any other operational requirements which are identified by the operator; and the Aerodrome’s IFP, MSA and VHF communication systems, ...; “CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982; “IFP” means instrument flight procedures; “MSA” means minimum sector altitude; “operator” means BAE Systems Marine Limited (incorporated in England and Wales with company number 00229770, whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey GU16 7EX) 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 at Walney Aerodrome or any organisation employed by BAE Systems Marine Limited to provide an air traffic service at Walney Aerodrome; and “VHF” means very high frequency. Air traffic services at Isle of Man Airport 8 (1) No part of any wind turbine generator shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the Isle of Man Civil Aviation Administration, confirms in writing that either— (a) no appropriate mitigation is required in respect of the authorised development; or (b) an appropriate mitigation scheme will be implemented and maintained for the life of the authorised development. (2) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the life of the authorised development. (3) For the purposes of this requirement— “appropriate mitigation scheme” means a scheme agreed with the operator which sets out measures taken to prevent or remove any adverse impacts of the authorised development on the Isle of Man Primary Surveillance Radar and air traffic management operations and the operator’s ability to provide safe and efficient air traffic services for Isle of Man Airport during the life of the authorised development; and “operator” means Isle of Man Airport or such other organisation as is licensed from time to time to provide air traffic services for Isle of Man Airport. Operation of Blackpool Airport 9 (1) No part of any wind turbine generator shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the Civil Aviation Authority, confirms in writing that it is satisfied that— (a) appropriate mitigation will be implemented and maintained throughout the lifetime of the authorised development; and (b) appropriate arrangements have been put in place with the operator to ensure that such appropriate mitigation is so implemented prior to construction of any wind turbine generator and thereafter maintained. (2) The undertaker shall thereafter comply with all obligations contained within the approved ... mitigation for the lifetime of the authorised development. (3) For the purposes of this requirement— “appropriate mitigation” means measures to prevent or remove any adverse impacts which the authorised development will have on the ability of the operator to provide safe airport operational and air traffic services (including but not limited to any adverse impacts on instrument flight procedures, minimum sector altitudes, and very high frequency radio and direction finding communication systems) for Blackpool Airport; “approved mitigation” means the appropriate mitigation agreed with the Civil Aviation Authority and the operator and confirmed by the Secretary of State in accordance with sub-paragraph (1); and “operator” means Blackpool Airport Operations Limited (incorporated in England and Wales with company number 09307995 and whose registered office is Number One Bickerstaffe Square, Talbot Road, Blackpool, FY1 3AH), 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 Blackpool Airport. Decommissioning 10 No works may 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) (requirement to prepare decommissioning programmes) of the 2004 Act has been submitted to the Secretary of State. Requirement for written approval 11 Where under any of the above requirements the approval or agreement of the Secretary of State or another person is required, that approval or agreement must be given in writing. Amendments to approved details 12 With respect to any requirement which requires the authorised project to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved or agreed by the person responsible for the original approval.
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