The North Falls Offshore Wind Farm Order 2026
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Change 1
6 Application and modification of legislative provisions
The following provisions are modified to the extent specified, or do not apply, in relation to the construction or works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised development— (a) regulation 6 of the Hedgerows Regulations 1997 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following— or (k) for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008. ; (b) the provisions of the Neighbourhood Planning Act 2017 insofar as they relate to the temporary possession of land under article 30 (temporary use of land for carrying out the authorised development) and article 31 (temporary use of land for maintaining the authorised development) of this Order; (c) regulation 12 (requirement for an environmental permit) of the 2016 Regulations in respect of a flood risk activity only; (d) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 of the Water Resources Act 1991 that require consent or approval for carrying out the works; (e) section 23 (prohibition on obstructions etc. in watercourses)of the Land Drainage Act 1991 (prohibition of obstructions etc. in watercourses); (f) sections 6 (grass verges etc) and 30 (unauthorised structures on seashore) of the Essex Act 1987; (g) Holland Haven Country Park local nature reserve byelaws made by Tendring District Council on 5 July 1995 under sections 20, 21(4) and 106 of the National Parks and Access to the Countryside Act 1949 in accordance with section 236 of the Local Government Act 1972; and (h) the provisions of any byelaws made under section 66 of the Land Drainage Act 1991 (power to make byelaws) that require consent or approval for the carrying out of works.
6 Application and modification of legislative provisions
The following provisions are modified to the extent specified, or do not apply, in relation to the construction or works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised development— (a) regulation 6 of the Hedgerows Regulations 1997 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following— or (k) for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008. ; (b) the provisions of the Neighbourhood Planning Act 2017 insofar as they relate to the temporary possession of land under article 30 (temporary use of land for carrying out the authorised development) and article 31 (temporary use of land for maintaining the authorised development) of this Order; (c) regulation 12 (requirement for an environmental permit) of the 2016 Regulations in respect of a flood risk activity only; (d) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 of the Water Resources Act 1991 that require consent or approval for carrying out the works; (e) section 23 (prohibition on obstructions etc. in watercourses)of the Land Drainage Act 1991 (prohibition of obstructions etc. in watercourses); (f) sections 6 (grass verges etc) and 30 (unauthorised structures on seashore) of the Essex Act 1987; (g) Holland Haven Country Park local nature reserve byelaws made by Tendring District Council on 5 July 1995 under sections 20, 21(4) and 106 of the National Parks and Access to the Countryside Act 1949 in accordance with section 236 of the Local Government Act 1972; and (h) the provisions of any byelaws made under section 66 of the Land Drainage Act 1991 (power to make byelaws) that require consent or approval for the carrying out of works.
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