The Morecambe Offshore Windfarm Generation Assets Order 2025
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SCHEDULE 2 Requirements
Article 2 Time limits 1 The authorised project 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 and operated as part of the authorised project must be located within the area shown on the offshore works plan. (2) No part of any wind turbine generator to be constructed as part of the authorised project shall oversail or extend beyond the Order limits. (3) The authorised project must be constructed in accordance with the parameters set out in Table 2. Table 2 Parameter | Value Maximum number of wind turbine generators | 35 Maximum total rotor swept area (m²) | 1,858,252 Maximum height of wind turbine generators when measured from HAT to the tip of the vertical blade (m) | 310 Maximum rotor diameter of each wind turbine generator (m) | 280 Minimum distance from HAT to the lowest point of the rotating blade for each turbine (m) | 25 Minimum intra-row distance (between wind turbine generators in a row of wind turbine generators) (m) | 1,060 Minimum inter-row distance (between rows of wind turbine generators) (m) | 1,410 Maximum diameter of monopiles for wind turbine generators on monopile foundations (m) | 12 Maximum diameter of piles for wind turbine generators on multi-legged jackets with piling foundations (m) | 3 Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (m) | 65 Maximum diameter of suction buckets for wind turbine generators on multi-legged jackets with suction bucket foundations (m) | 20 Maximum diameter of monopiles for offshore substation platform monopile foundations (m) | 12 Maximum diameter of piles for offshore substation platforms on multi-legged jackets with piling foundations (m) | 3 Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (m) | 65 Maximum diameter of suction buckets for offshore substation platforms on multi-legged jackets with suction bucket foundations (m) | 20 Maximum total seabed footprint of wind turbine generators (including scour protection) (m²) | 248,080 Maximum number of offshore substation platforms | 2 Maximum dimensions of offshore substation platforms (excluding towers, helipads, masts, cranes and lightning protection): (a) Height when measured from HAT (m) | 50 (b) Length (m) | 50 (c) Width (m) | 50 Maximum height when measured from HAT of offshore substation platforms (including helipads and lightning protection) (m) | 70 Maximum total seabed footprint area for offshore substation platform foundations (including scour protection) (m²) | 14,176 Maximum total length of cables (inter-array cables and platform link cables) (km) | 80 Maximum number of cable crossings | 15 Maximum volume of natural material for disposal (m³) | 1,416,463 Maximum total footprint of scour protection (m²) (exclusive of foundations for wind turbine generators and offshore substation platforms) | 139,490 Maximum total volume of scour protection for wind turbine generators and offshore substation platforms (m³) | 278,980 Maximum footprint of cable protection (m²) (including cable protection, entries to offshore substation platforms and wind turbine generators and cable crossings) | 216,250 Maximum volume of cable protection (m³) (including cable protection, entries to offshore substation platforms and wind turbine generators and cable crossings) | 259,700 Maximum hammer energy (kilojoules or kJ) employed during installation of pin piles | 2,500 Maximum hammer energy (kilojoules or kJ) employed during installation of monopile foundations | 6,600 (4) The wind turbine generators to be constructed or operated as part of the authorised project must have the same height and rotor diameter, unless otherwise agreed by the Secretary of State. Aviation safety 3 (1) The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by the 2016 Order (with any reference in that Order to the territorial sea being read as a reference to the Renewable Energy Zone established under section 84 of the Energy Act 2004) and/or determined necessary for aviation safety as directed in writing by the Civil Aviation Authority, in consultation with the Defence Infrastructure Organisation Safeguarding. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the lifetime of the authorised project 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 construction of the authorised project, of the following— (a) the date of the commencement of construction of the authorised project; (b) the date any wind turbine generators are anticipated to be brought into use; (c) the latitude, longitude and maximum height of any construction equipment with a height of 50m or greater (above mean sea level) to be used; (d) the maximum height of any wind turbine generator, meteorological mast and offshore electrical platform to be constructed; (e) the latitude and longitude of each wind turbine generator, meteorological mast and offshore substation platform to be constructed; and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the authorised project. (3) The lights installed in accordance with paragraph (1) shall be operated at the lowest permissible lighting intensity level. Great Dun Fell, Lowther Hill and St Annes Primary Surveillance Radars 4 (1) No part of any wind turbine generator (excluding foundations) 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 by the Secretary of State in order to avoid the impact of the authorised development on the primary radars of the operator located at Great Dun Fell, Lowther Hill and St Annes and associated air traffic management operations. (2) No part of any wind turbine generator (excluding foundations) shall be erected until the approved primary radar mitigation scheme has been implemented and then 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, 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 “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 authorised development on the Great Dun Fell, Lowther Hill and St Annes primary radars and air traffic management operations of the operator. Operation of Blackpool Airport 5 (1) No part of any wind turbine generator or offshore substation platform (excluding foundations) shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the CAA, has confirmed that he 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 implemented prior to construction of any wind turbine generator or offshore substation platform (excluding foundations) and thereafter maintained. (2) For the purposes of this requirement— “appropriate mitigation” means measures required 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 (including minimum sector altitudes), very high frequency radio and direction finding communication systems) for Blackpool Airport; “approved mitigation” means the appropriate mitigation approved by the Secretary of State in consultation with the CAA and the operator 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 any successor as holder of a licence under the Commission Regulation (EU) No. 139/2014 (or any successor regulation) from the CAA to operate Blackpool Airport; (3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation throughout the lifetime of the authorised development and for as long as any above waterline structures forming part of the authorised development remain in situ. Operation of Walney Aerodrome (Air Traffic Services) 6 (1) No part of any wind turbine generator or any offshore substation platform shall be erected as part of the authorised development until the Secretary of State has, having consulted with the CAA and the operator— (a) approved an ATS mitigation scheme; and (b) confirmed that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator. (2) 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)(a); “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; and “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. (3) 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). (4) 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 or any offshore substation platform 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. Operation of Warton Aerodrome (Air Traffic Services) 7 (1) No part of any wind turbine generator or any offshore substation platform shall be erected as part of the authorised development until the Secretary of State has, having consulted with the CAA and the operator— (a) approved an ATS mitigation scheme; and (b) confirmed that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator. (2) 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)(a); “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, UHF and VHF communication systems; and “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. (3) 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). (4) 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 or any offshore substation platform 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. Warton Aerodrome Primary Surveillance Radar 8 (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 by the Secretary of State, in consultation with the Ministry of Defence and the operator. (2) 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 – Safeguarding, St George’s House, DIO Head Office, DMS Whittington, Lichfield, 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 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; “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. (3) 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 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. (4) 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. (5) 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 horizontal 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 in 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. Air traffic services at Isle of Man Airport 9 (1) No part of any wind turbine generator (excluding foundations) 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 that either— (a) no mitigation is required in respect of the authorised development; or (b) should mitigation be required in respect of the authorised development— (i) an appropriate mitigation scheme will be implemented and maintained for the lifetime of the authorised development; and (ii) a mitigation agreement has been offered to the operator to ensure that the appropriate mitigation will be implemented. (2) For the purposes of this requirement— “appropriate mitigation scheme” means a scheme agreed between the undertaker and 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; “approved mitigation” means an appropriate mitigation scheme approved in accordance with sub-paragraph (1)(b); 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. (3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the lifetime of the authorised development. Decommissioning 10 No part of the authorised development 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 for approval. Port Access and Transport Plan 11 (1) Where a port in England or Wales is selected as a port to be used to facilitate the transport of wind turbine generators, offshore substation platforms or foundations (including scour protection) in connection with the construction, operation or maintenance of the authorised development, over land to the site of the authorised development, no part of the authorised development may commence until a port access and transport plan (which accords with the outline port access and transport plan) for the onshore port-related traffic to and from the port or ports and relating to that part of the authorised development has been submitted to and approved by the relevant highway authority in consultation with the relevant planning authority. (2) Sub-paragraph (1) does not apply if the relevant highway authority confirms, after consultation with the relevant planning authority, that no port access and transport plan is required for that part of the authorised development. (3) The port access and transport plan must be implemented as approved at all times specified within the port access and transport plan during the construction of the authorised development. (4) For the purposes of this requirement, “relevant planning authority” and “relevant highway authority” mean the planning or highway authority or authorities in whose area the relevant port is located. Skills and Employment Plan 12 (1) No part of the authorised development may commence until a skills and employment plan has been submitted to and approved by the relevant authorities. (2) The skills and employment plan must be in accordance with the outline skills and employment plan and must be implemented as approved for the lifetime of the authorised development. (3) For the purposes of this requirement, the “relevant authorities” means— (a) any planning authority in whose area a port selected under Requirement 11 is located. Wake Effects 13 (1) No part of any WTG may be erected as part of the authorised development until either— (a) a wake effects plan has been submitted to and approved by the Secretary of State following consultation with the owners of the existing offshore wind farms; or (b) the undertaker has provided evidence to the Secretary of State that alternative mitigation for wake effects has been agreed with each of the owners of the existing offshore wind farms. (2) A wake effects plan provided in accordance with paragraph (1)(a) must include— (a) details of reasonable steps that have been taken by the undertaker in the final design of the authorised development or reasonable measures which will be applied during the operation of the authorised development (or both) to minimise wake effects on the existing offshore wind farms without materially reducing the capacity of the authorised development; (b) a wake effects assessment showing the modelled wake effect of the proposed final design on the existing offshore wind farms; (c) details of consultation with the owners of the existing offshore wind farms and the extent of any agreement or disagreement with them on— (i) whether any design changes or operational measures could further reduce the wake effect impacts; and (ii) the conclusions of the wake effects assessment provided under paragraph 2(b). (3) Where paragraph (1)(a) applies, the wake effects plan must be implemented as approved and the design plan submitted to the licensing authority under condition 9(1)(a) of Schedule 6 (Deemed Marine Licence under the 2009 Act: Morecambe Offshore Windfarm Generation Assets) to this Order must be in accordance with any approved wake effects plans. (4) For the purposes of this requirement— “existing offshore wind farms” includes the following— Barrow Offshore Windfarm; Burbo Bank Offshore Windfarm; Burbo Bank Extension Offshore Windfarm; Walney 1 Offshore Windfarm; Walney 2 Offshore Windfarm; Walney Extension 3 Offshore Windfarm; Walney Extension 4 Offshore Windfarm; and West of Duddon Sands Offshore Windfarm provided that such wind farm remains operational on the date on which the application to discharge this requirement is made.
SCHEDULE 2 Requirements
Article 2 Time limits 1 The authorised project 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 and operated as part of the authorised project must be located within the area shown on the offshore works plan. (2) No part of any wind turbine generator to be constructed as part of the authorised project shall oversail or extend beyond the Order limits. (3) The authorised project must be constructed in accordance with the parameters set out in Table 2. Table 2 Parameter | Value Maximum number of wind turbine generators | 35 Maximum total rotor swept area (m²) | 1,858,252 Maximum height of wind turbine generators when measured from HAT to the tip of the vertical blade (m) | 310 Maximum rotor diameter of each wind turbine generator (m) | 280 Minimum distance from HAT to the lowest point of the rotating blade for each turbine (m) | 25 Minimum intra-row distance (between wind turbine generators in a row of wind turbine generators) (m) | 1,060 Minimum inter-row distance (between rows of wind turbine generators) (m) | 1,410 Maximum diameter of monopiles for wind turbine generators on monopile foundations (m) | 12 Maximum diameter of piles for wind turbine generators on multi-legged jackets with piling foundations (m) | 3 Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (m) | 65 Maximum diameter of suction buckets for wind turbine generators on multi-legged jackets with suction bucket foundations (m) | 20 Maximum diameter of monopiles for offshore substation platform monopile foundations (m) | 12 Maximum diameter of piles for offshore substation platforms on multi-legged jackets with piling foundations (m) | 3 Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (m) | 65 Maximum diameter of suction buckets for offshore substation platforms on multi-legged jackets with suction bucket foundations (m) | 20 Maximum total seabed footprint of wind turbine generators (including scour protection) (m²) | 248,080 Maximum number of offshore substation platforms | 2 Maximum dimensions of offshore substation platforms (excluding towers, helipads, masts, cranes and lightning protection): (a) Height when measured from HAT (m) | 50 (b) Length (m) | 50 (c) Width (m) | 50 Maximum height when measured from HAT of offshore substation platforms (including helipads and lightning protection) (m) | 70 Maximum total seabed footprint area for offshore substation platform foundations (including scour protection) (m²) | 14,176 Maximum total length of cables (inter-array cables and platform link cables) (km) | 80 Maximum number of cable crossings | 15 Maximum volume of natural material for disposal (m³) | 1,416,463 Maximum total footprint of scour protection (m²) (exclusive of foundations for wind turbine generators and offshore substation platforms) | 139,490 Maximum total volume of scour protection for wind turbine generators and offshore substation platforms (m³) | 278,980 Maximum footprint of cable protection (m²) (including cable protection, entries to offshore substation platforms and wind turbine generators and cable crossings) | 216,250 Maximum volume of cable protection (m³) (including cable protection, entries to offshore substation platforms and wind turbine generators and cable crossings) | 259,700 Maximum hammer energy (kilojoules or kJ) employed during installation of pin piles | 2,500 Maximum hammer energy (kilojoules or kJ) employed during installation of monopile foundations | 6,600 (4) The wind turbine generators to be constructed or operated as part of the authorised project must have the same height and rotor diameter, unless otherwise agreed by the Secretary of State. Aviation safety 3 (1) The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by the 2016 Order (with any reference in that Order to the territorial sea being read as a reference to the Renewable Energy Zone established under section 84 of the Energy Act 2004) and/or determined necessary for aviation safety as directed in writing by the Civil Aviation Authority, in consultation with the Defence Infrastructure Organisation Safeguarding. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the lifetime of the authorised project 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 construction of the authorised project, of the following— (a) the date of the commencement of construction of the authorised project; (b) the date any wind turbine generators are anticipated to be brought into use; (c) the latitude, longitude and maximum height of any construction equipment with a height of 50m or greater (above mean sea level) to be used; (d) the maximum height of any wind turbine generator, meteorological mast and offshore electrical platform to be constructed; (e) the latitude and longitude of each wind turbine generator, meteorological mast and offshore substation platform to be constructed; and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the authorised project. (3) The lights installed in accordance with paragraph (1) shall be operated at the lowest permissible lighting intensity level. Great Dun Fell, Lowther Hill and St Annes Primary Surveillance Radars 4 (1) No part of any wind turbine generator (excluding foundations) 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 by the Secretary of State in order to avoid the impact of the authorised development on the primary radars of the operator located at Great Dun Fell, Lowther Hill and St Annes and associated air traffic management operations. (2) No part of any wind turbine generator (excluding foundations) shall be erected until the approved primary radar mitigation scheme has been implemented and then 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, 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 “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 authorised development on the Great Dun Fell, Lowther Hill and St Annes primary radars and air traffic management operations of the operator. Operation of Blackpool Airport 5 (1) No part of any wind turbine generator or offshore substation platform (excluding foundations) shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the CAA, has confirmed that he 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 implemented prior to construction of any wind turbine generator or offshore substation platform (excluding foundations) and thereafter maintained. (2) For the purposes of this requirement— “appropriate mitigation” means measures required 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 (including minimum sector altitudes), very high frequency radio and direction finding communication systems) for Blackpool Airport; “approved mitigation” means the appropriate mitigation approved by the Secretary of State in consultation with the CAA and the operator 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 any successor as holder of a licence under the Commission Regulation (EU) No. 139/2014 (or any successor regulation) from the CAA to operate Blackpool Airport; (3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation throughout the lifetime of the authorised development and for as long as any above waterline structures forming part of the authorised development remain in situ. Operation of Walney Aerodrome (Air Traffic Services) 6 (1) No part of any wind turbine generator or any offshore substation platform shall be erected as part of the authorised development until the Secretary of State has, having consulted with the CAA and the operator— (a) approved an ATS mitigation scheme; and (b) confirmed that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator. (2) 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)(a); “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; and “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. (3) 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). (4) 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 or any offshore substation platform 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. Operation of Warton Aerodrome (Air Traffic Services) 7 (1) No part of any wind turbine generator or any offshore substation platform shall be erected as part of the authorised development until the Secretary of State has, having consulted with the CAA and the operator— (a) approved an ATS mitigation scheme; and (b) confirmed that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator. (2) 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)(a); “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, UHF and VHF communication systems; and “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. (3) 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). (4) 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 or any offshore substation platform 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. Warton Aerodrome Primary Surveillance Radar 8 (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 by the Secretary of State, in consultation with the Ministry of Defence and the operator. (2) 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 – Safeguarding, St George’s House, DIO Head Office, DMS Whittington, Lichfield, 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 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; “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. (3) 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 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. (4) 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. (5) 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 horizontal 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 in 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. Air traffic services at Isle of Man Airport 9 (1) No part of any wind turbine generator (excluding foundations) 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 that either— (a) no mitigation is required in respect of the authorised development; or (b) should mitigation be required in respect of the authorised development— (i) an appropriate mitigation scheme will be implemented and maintained for the lifetime of the authorised development; and (ii) a mitigation agreement has been offered to the operator to ensure that the appropriate mitigation will be implemented. (2) For the purposes of this requirement— “appropriate mitigation scheme” means a scheme agreed between the undertaker and 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; “approved mitigation” means an appropriate mitigation scheme approved in accordance with sub-paragraph (1)(b); 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. (3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the lifetime of the authorised development. Decommissioning 10 No part of the authorised development 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 for approval. Port Access and Transport Plan 11 (1) Where a port in England or Wales is selected as a port to be used to facilitate the transport of wind turbine generators, offshore substation platforms or foundations (including scour protection) in connection with the construction, operation or maintenance of the authorised development, over land to the site of the authorised development, no part of the authorised development may commence until a port access and transport plan (which accords with the outline port access and transport plan) for the onshore port-related traffic to and from the port or ports and relating to that part of the authorised development has been submitted to and approved by the relevant highway authority in consultation with the relevant planning authority. (2) Sub-paragraph (1) does not apply if the relevant highway authority confirms, after consultation with the relevant planning authority, that no port access and transport plan is required for that part of the authorised development. (3) The port access and transport plan must be implemented as approved at all times specified within the port access and transport plan during the construction of the authorised development. (4) For the purposes of this requirement, “relevant planning authority” and “relevant highway authority” mean the planning or highway authority or authorities in whose area the relevant port is located. Skills and Employment Plan 12 (1) No part of the authorised development may commence until a skills and employment plan has been submitted to and approved by the relevant authorities. (2) The skills and employment plan must be in accordance with the outline skills and employment plan and must be implemented as approved for the lifetime of the authorised development. (3) For the purposes of this requirement, the “relevant authorities” means— (a) any planning authority in whose area a port selected under Requirement 11 is located. Wake Effects 13 (1) No part of any WTG may be erected as part of the authorised development until either— (a) a wake effects plan has been submitted to and approved by the Secretary of State following consultation with the owners of the existing offshore wind farms; or (b) the undertaker has provided evidence to the Secretary of State that alternative mitigation for wake effects has been agreed with each of the owners of the existing offshore wind farms. (2) A wake effects plan provided in accordance with paragraph (1)(a) must include— (a) details of reasonable steps that have been taken by the undertaker in the final design of the authorised development or reasonable measures which will be applied during the operation of the authorised development (or both) to minimise wake effects on the existing offshore wind farms without materially reducing the capacity of the authorised development; (b) a wake effects assessment showing the modelled wake effect of the proposed final design on the existing offshore wind farms; (c) details of consultation with the owners of the existing offshore wind farms and the extent of any agreement or disagreement with them on— (i) whether any design changes or operational measures could further reduce the wake effect impacts; and (ii) the conclusions of the wake effects assessment provided under paragraph 2(b). (3) Where paragraph (1)(a) applies, the wake effects plan must be implemented as approved and the design plan submitted to the licensing authority under condition 9(1)(a) of Schedule 6 (Deemed Marine Licence under the 2009 Act: Morecambe Offshore Windfarm Generation Assets) to this Order must be in accordance with any approved wake effects plans. (4) For the purposes of this requirement— “existing offshore wind farms” includes the following— Barrow Offshore Windfarm; Burbo Bank Offshore Windfarm; Burbo Bank Extension Offshore Windfarm; Walney 1 Offshore Windfarm; Walney 2 Offshore Windfarm; Walney Extension 3 Offshore Windfarm; Walney Extension 4 Offshore Windfarm; and West of Duddon Sands Offshore Windfarm provided that such wind farm remains operational on the date on which the application to discharge this requirement is made.
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