Propose a change

The Mona Offshore Wind Farm Order 2025

Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.

Change 1

What to do with it
As published

SCHEDULE 2 Requirements

Article 2 Time limits 1 (1) Subject to sub-paragraph (2) the authorised project must commence no later than the expiration of five years beginning with the date this Order comes into force. (2) If proceedings are begun to challenge the validity of this Order before the end of the period referred to in sub-paragraph (1) the period in sub-paragraph (1) must be taken to be extended by one year. Offshore design parameters 2 (1) The offshore works must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 2. (2) 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 and in particular may not exceed the maximum rotor swept area as identified in Table 2. Table 2 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 (metres) | 364 Maximum rotor diameter of each wind turbine generator (metres) | 320 Maximum rotor swept area (square metres) | 5,468,884 Minimum distance from LAT to the lowest point of the rotating blade for each turbine (metres) | 34 Minimum distance between wind turbine generators in a row of wind turbine generators (metres) | 1,400 Minimum distance between rows of wind turbine generators (metres) | 1,400 Maximum diameter of pin piles for wind turbine generators on jacket pin pile foundation (metres) | 5.5 Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (metres) | 49 Maximum diameter of buckets for wind turbine generators on suction bucket jackets (metres) | 18 Maximum diameter of pin piles for offshore substation platform on jacket pin pile foundations (metres) | 5.5 Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (metres) | 80 Maximum diameter of buckets for offshore substation platforms on suction bucket jackets (metres) | 18 Maximum total seabed footprint for wind turbine generators (including scour protection) (square metres) | 735,488 Maximum number of offshore substation platforms | 4 Maximum dimensions of offshore substation platforms (excluding towers, helipads, masts, and cranes): Height of main structure when measured from LAT (metres) | 70 Length (metres) | 80 Width (metres) | 60 Maximum total seabed footprint area for offshore substation foundations (including scour protection) (square metres) | 24,964 Maximum total length of cables within Work No. 1 (inter-array and interconnector) (kilometres) | 325 Maximum total length of interconnector cables (kilometres) | 50 Maximum total length of cables within Work No. 2 (export cables) (kilometres) | 360 Maximum number of cable crossings (inter-array) | 67 Maximum number of cable crossings (interconnector) | 10 Maximum number of cable crossings (export cables) | 14 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 project unless otherwise agreed with the Defence Infrastructure Organisation Safeguarding. (2) The undertaker must notify Defence Infrastructure Organisation Safeguarding and the Civil Aviation Authority, at least 14 days prior to the commencement of the offshore works, of the following— (a) the date of the commencement of construction of the offshore works; (b) the expected 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 Safeguarding and the Civil Aviation Authority must be notified of any changes to the information supplied under sub-paragraph (2) and of the completion of the construction of the offshore works. (4) The lights installed in accordance with sub-paragraph (1) will be operated at the lowest permissible light intensity level. Stages of authorised project 4 (1) No stage of the onshore works may commence until notification has been submitted to the relevant planning authority detailing whether the onshore works will be constructed: (a) in a single stage; or (b) in two or more stages. (2) No stage of the onshore works may commence until details of the stages of the onshore works have been submitted to and approved in writing by the relevant planning authority. (3) The stages of the onshore works must be implemented as approved. Onshore Substation works 5 (1) Construction of Work No. 22a must not commence until details of— (a) the layout; (b) scale; (c) proposed finished ground levels; (d) hard surfacing materials; (e) the dimensions, colour and materials used for the buildings; (f) security fencing; (g) vehicular and pedestrian access, parking and circulation areas; and (h) proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports, have been submitted to and approved in writing by the relevant planning authority following consultation with NRW as appropriate. (2) The details submitted under sub-paragraph (1) of this requirement must be in accordance with requirement 6 (detailed design parameters onshore) and substantially in accordance with the design principles. (3) Work No. 22a must be implemented as approved. Detailed design parameters onshore 6 (1) The onshore works must not exceed the parameters assessed in the environmental statement and set out in sub-paragraphs (2) and (3). (2) The maximum number of transition joint bays must not exceed four. (3) In relation to Work No. 22a— (a) the highest part of any building, excluding lightning rods, must not exceed 15 metres above finished ground level; (b) the highest part of any external electrical equipment, excluding lightning rods, must not exceed 12.5 metres above finished ground level; (c) the total area of the fenced compound (excluding its accesses) must not exceed 65,000 square metres; and (d) the total number of lightning rods within the fenced compound area must not exceed 12 and the height of any lightning rod must not exceed 30 metres above finished ground level. (4) Trenchless installation techniques must be used to install the cable ducts and electrical circuits where identified in the onshore crossing schedule for the purpose of passing under a relevant obstruction unless otherwise agreed by the relevant planning authority, following consultation with the relevant highway authority. (5) For the purpose of this requirement, finished ground level must not exceed 61 metres above ordnance datum. Provision of landscaping 7 (1) Work No. 22a must not be commenced until a landscape plan for Work Nos. 23, 24 and 31 to 36 and associated work programme has been submitted to and approved in writing by the relevant planning authority following, where appropriate, consultation with NRW. (2) The landscape plan must accord with the outline landscape and ecology management plan and must include details of all proposed hard and soft landscaping works including— (a) location, number, species, size and planting density of any proposed planting including any trees; (b) implementation timetables for all landscaping works; and (c) proposed management for landscaping works. (3) The landscape plan must be implemented as approved and managed in accordance with the details in the landscape and ecology management plan approved under sub-paragraph (1). Implementation and maintenance of landscaping 8 (1) All landscaping works must be carried out in accordance with the landscaping plan(s) approved under requirement 7 (provision of landscaping). (2) Any tree or shrub planted as part of an approved landscaping plan that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted unless a different species is otherwise agreed in writing with the relevant planning authority. Code of construction practice 9 (1) No stage of the onshore works may commence until for that stage a code of construction practice has been submitted to and approved in writing by the relevant planning authority following consultation with NRW and the relevant highways authority as appropriate. (2) The code of construction practice must accord with the outline code of construction practice and greenhouse gas reduction strategy and include, as appropriate to the relevant stage— (a) spillage and emergency response plan (in accordance with the outline spillage and emergency response plan); (b) dust management plan (in accordance with the outline dust management plan); (c) construction noise and vibration management plan (in accordance with the outline construction noise and vibration management plan) which must include details of an action plan containing details of the measures that would be implemented in the event of exceedance and repeated exceedances of construction noise and vibration threshold levels; (d) construction traffic management plan (in accordance with the outline construction traffic management plan); (e) communications plan (in accordance with the outline communications plan); (f) construction fencing plan (in accordance with the outline construction fencing plan); (g) construction surface water and drainage management plan (in accordance with the outline construction surface water and drainage management plan); (h) flood management plan (in accordance with the outline flood management plan); (i) public rights of way management strategy (in accordance with the outline public rights of way management strategy); (j) soil management plan (in accordance with the outline soil management plan); (k) site waste management plan (in accordance with the outline site waste management plan); (l) artificial light emissions plan (in accordance with the outline artificial light emissions plan); (m) biosecurity protocol (in accordance with the outline biosecurity protocol); (n) discovery strategy for contaminated land (in accordance with the outline discovery strategy for contaminated land); (o) arboriculture method statement (in accordance with the outline arboriculture method statement); (p) onshore construction method statement (in accordance with the outline onshore construction method statement); and (q) landfall construction method statement (in accordance with the outline landfall construction method statement). (3) Each code of construction practice must be implemented as approved. (4) Onshore site preparation works must be carried out in accordance with the applicable details set out in the outline code of construction practice, the greenhouse gas reduction strategy and as appropriate the outline plans noted in sub-paragraphs (2)(a) – (q) inclusive. Highway accesses 10 (1) No new temporary or permanent means of access to a highway to be used by vehicular traffic, or any temporary or permanent alteration to an existing means of access to a highway used by vehicular traffic, may be formed until a highways access management plan for that access has been submitted to and approved in writing by the relevant planning authority in consultation with the relevant highway authority. (2) The highways access management plan must accord with the outline highways access management plan. (3) The highway accesses must be implemented as approved. Onshore archaeology 11 (1) No stage of the onshore works may commence until for that stage an onshore written scheme of investigation has been submitted to and approved in writing by the relevant planning authority. (2) The onshore written scheme of investigation must accord with the outline onshore written scheme of investigation as appropriate for the relevant stage. (3) The onshore written scheme of investigation must be implemented as approved. (4) Onshore site preparation works, including those necessary to allow production of any scheme required under sub-paragraph (1) must only take place in accordance the applicable details set out in the outline onshore written scheme of investigation. Landscape and ecology management plan 12 (1) No stage of the onshore works may commence until for that stage a landscape and ecology management plan has, following consultation with NRW, been submitted to and approved in writing by the relevant planning authority. (2) The landscape and ecology management plan must accord with the outline landscape and ecology management plan as appropriate for the relevant stage and must include details of an implementation timetable. (3) The landscape and ecology management plan must be implemented as approved for the relevant stage and managed in accordance with the details in the landscape and ecology management plan approved under sub-paragraph (1). (4) Onshore site preparation works must be carried out in accordance with the applicable details set out in the outline landscape and ecology management plan. European protected species onshore 13 (1) No stage of the onshore works other than surveying and investigation necessary to comply with this requirement may be undertaken until, for that stage, pre-construction survey work has been carried out to establish whether a European protected species or nationally protected species under the Wildlife and Countryside Act 1981 is present on any of the land affected, or likely to be affected, by any part of that stage of the onshore works. (2) Where a European protected species or nationally protected species under the Wildlife and Countryside Act 1981 is shown to be present, the stage of the onshore works likely to affect the species must not commence until, after consultation with NRW, a scheme of protection and mitigation measures for that stage has been submitted to and approved in writing by the relevant planning authority or a European Protected Species licence has been granted by NRW. (3) Each stage of the onshore works which requires a scheme of protection and mitigation measures must accord with the approved scheme as set out in sub-paragraph (2) of this requirement. (4) In this paragraph, “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017. (5) In this paragraph, “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981. Construction hours 14 (1) Except as otherwise agreed in the code of construction practice and subject to sub-paragraphs (2) to (4), construction of the onshore works and heavy goods vehicle traffic movements arriving or departing from the site of the relevant work may take place only between the hours of 0700 and 1900 from Monday to Friday and 0700 to 1300 on Saturday, with no activity on Sundays or bank holidays. (2) Subject to paragraph (3), construction of the onshore works and heavy goods vehicle traffic movements arriving or departing from the site of the relevant work may take place outside the hours specified in sub-paragraph (1) for certain identified activities including— (a) where continuous periods of construction are required, for works such as concrete pouring and finishing, electrical circuit pulling and jointing and testing, trenchless installation techniques, and dewatering pumps; (b) for the delivery and unloading of abnormal loads; (c) for the landfall works; (d) for any other time-critical element of the onshore works; (e) emergency works; and (f) mobilisation activities, which may take place one hour immediately prior to and one hour immediately after the hours specified in sub-paragraph (1). (3) Except as provided in sub-paragraph (4) and in relation to emergency works, the undertaker must notify the relevant planning authority of all construction works and activities which are to be undertaken outside the hours specified in sub-paragraph (1) by giving at least 48 hours notice in advance of those works and activities and those works and activities must not be undertaken outside the hours specified in sub-paragraph (1) until the relevant planning authority has agreed. (4) In respect of trenchless installation techniques, where continuous 24-hour working is required and has been assessed in the environmental statement, the undertaker must notify the relevant planning authority in advance by giving at least 48 hours’ notice of such works. (5) In the event of an emergency, notification of that emergency must be given to the relevant planning authority and the relevant highway authority as soon as reasonably practicable. (6) For the purposes of this requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action. (7) For the purposes of this requirement “mobilisation activities” include personnel briefings, inspections, tool-box talks, inductions, health and safety works, deliveries excluding heavy goods vehicle movements, movement to place of work, general preparation and site maintenance work but does not include operation of heavy machinery or operation of generators or flood lights. Restoration of land used temporarily for construction 15 Any land landward of MLW which is used temporarily for construction of the onshore works and not ultimately incorporated in permanent works or approved landscaping or ecological works must be reinstated within 12 months of completion of the relevant stage of the onshore works in accordance with such details as have been submitted to and approved pursuant to Requirements 7, 9, and 12 in respect of reinstatement, unless alternative details in relation to that land are agreed in writing by the relevant planning authority. Control of operational artificial light emissions 16 (1) Work No. 22a must not be brought into operation until a written scheme for the management and mitigation of internal and external artificial light emissions from Work No. 22a has been submitted to and approved in writing by the relevant planning authority. (2) The written scheme for the management and mitigation of artificial light emissions must be implemented as approved, and maintained during the lifetime of Work No. 22a. Control of noise during operational stage 17 (1) The noise rating level for the operational lifetime of Work No. 22a must not exceed 34db at Tan y Bryn Uchaf (301667, 372765) at a position representative of the façade, in free-field conditions, of any building authorised or lawfully occupied for residential or accommodation purposes at the date of the granting of this Order. (2) The noise levels set out in sub-paragraph (1) are to be measured— (a) in accordance with British Standard BS4142:2014+A1:2019, methods for rating and assessing industrial and commercial sound; and (b) with a microphone placed 1.5 metres above the ground in free-field conditions (being at least 3.5 metres from the nearest vertical reflecting surface). Operational drainage 18 (1) Work No. 22 must not commence until, for that work, an operation drainage management strategy has, following consultation with NRW, been submitted to and approved in writing by the relevant planning authority. (2) The operation drainage management strategy must accord with the outline operation drainage management strategy. (3) The written operation drainage management strategy must be implemented as approved, prior to final commissioning of Work No. 22a, and maintained during the operational lifetime of Work No. 22a. Skills and Employment plan 19 (1) No stage of the authorised project may commence until, after consultation with the relevant authorities, a skills and employment plan has been submitted to and approved in writing by Denbighshire County Council on behalf of the relevant authorities. (2) The skills and employment plan must accord with the outline skills and employment plan. (3) The skills and employment plan must be implemented as approved. (4) For the purposes of this requirement the “relevant authorities” are Denbighshire County Council, Conwy County Borough Council, Isle of Man Government, and the Isle of Anglesey County Council. Offshore decommissioning 20 No offshore 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 for approval. Onshore decommissioning 21 (1) A written scheme of decommissioning for the onshore works must be submitted to and approved in writing by the relevant planning authority at least six months prior to any decommissioning works commencing. (2) The written scheme of decommissioning for the onshore works must include a code of construction practice. (3) The approved written scheme of decommissioning must be implemented as approved in the carrying out of any decommissioning works or relevant part of such works. Great Dun Fell, Lowther Hill and St. Anne’s Primary Surveillance Radar 22 (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 in writing by the Secretary of State in order to mitigate the impact of the authorised development on the primary radar of the operator located at Great Dun Fell, Lowther Hill and St. Anne’s 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 the authorised development shall thereafter be operated fully in accordance with the approved scheme. (3) In this requirement— “operator” means NATS (En Route) plc, incorporated under the Companies Act 2006 (Company Number 4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hampshire 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 the Transport Act 2000); and “primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to mitigate the impact of the development on the primary radar located at Great Dun Fell, Lowther Hill and St Annes and air traffic management operations of the operator. Warton Aerodrome Primary Surveillance Radar 23 (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 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 other 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. Air traffic services at Liverpool John Lennon Airport 24 (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 Civil Aviation Authority, confirms in writing that either— (a) no appropriate mitigation is required in respect of the authorised development; or (b) appropriate mitigation is required to be implemented and maintained for the life of the authorised development. (2) Where appropriate mitigation is required, no wind turbine generator forming part of the authorised development is permitted to rotate its blades on its horizontal axis until the appropriate mitigation has been approved by the Secretary of State, having consulted with the operator and the Civil Aviation Authority, and implemented. (3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the life of the authorised development. (4) For the purposes of this requirement— “appropriate mitigation” means measures agreed with the Civil Aviation Authority and the operator to prevent or remove any adverse impacts which the operation of the authorised development will have on the operator’s ability to provide safe and efficient air traffic services for Liverpool John Lennon Airport during the life of the authorised development; “approved mitigation” means the appropriate mitigation approved by the Secretary of State in accordance with sub-paragraph (2); and “operator” means Liverpool Airport Limited incorporated under the Companies Act 2006 (Company Number 2116704) whose registered office is Venus Building, 1 Old Park Lane, Trafford City, Manchester, England, M41 7HA 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 Liverpool John Lennon Airport. Operation of Blackpool Airport 25 (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 CAA, has confirmed in writing 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 so implemented and maintained (2) The undertaker shall thereafter comply with all obligations contained within the approved mitigation throughout the lifetime of the authorised development. (3) For the purposes of this requirement— “appropriate mitigation” means appropriate mitigation 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 CAA and the operator and approved by the Secretary of State in accordance with sub-paragraph (1); “CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982; 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. Air traffic services at Isle of Man Airport 26 (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 in writing that either— (a) no appropriate mitigation is required in respect of the authorised development; or (b) an appropriate mitigation scheme is required to be implemented and maintained for the life of the authorised development. (2) Where appropriate mitigation is required, no wind turbine generator forming part of the authorised development is permitted to rotate its blades on its horizontal axis until the appropriate mitigation has been approved by the Secretary of State, having consulted with the operator and the Isle of Man Civil Aviation Administration, and implemented. (3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the life of the authorised development. (4) 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; “approved mitigation” means the appropriate mitigation approved by the Secretary of State in accordance with sub-paragraph (2); 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 Walney Aerodrome (Air traffic services) 27 (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. (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 20). (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 20); 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 20, 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 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. 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. Operation of Warton Aerodrome (Air traffic services) 28 (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. (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 20). (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 20); 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 20), 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 (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. 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. Wake effects 29 (1) No part of any wind turbine generator 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; or (b) The undertaker has provided evidence to the Secretary of State that alternative mitigation for wake effects has been agreed with the existing Ørsted offshore wind farms. (2) The wake effects plan provided in accordance with paragraph (1)(a) must include details of reasonable steps that have been taken by the undertaker to minimise wake effects on the existing Ørsted offshore wind farms whilst maximising the capacity of the authorised development within the identified technical, environmental and other constraints of the authorised development. (3) Where paragraph (1)(a) applies the design plan submitted to the licencing authority under condition 17(1)(a) of schedule 14 of this Order must be in accordance with any approved wake effects plan. (4) For the purposes of this requirement— “existing Ørsted offshore wind farms” means Barrow offshore wind farm, Burbo Bank extension, Walney Extension, West of Duddon Sands, Walney offshore wind farm or Burbo bank. Landscape enhancement scheme 30 (1) Work No. 1 must not be commenced until a scheme for the provision of landscape enhancement in accordance with the landscape enhancement scheme principles has been submitted to and approved by the relevant planning authority following consultation with Natural Resources Wales, the Isle of Anglesey County Council and Eryri National Park Authority. (2) The landscape enhancement scheme shall set out appropriate measures to compensate for the impact of the authorised development on the protected landscapes of the Isle of Anglesey National Landscape and Eryri National Park. (3) The landscape enhancement scheme shall be implemented as approved. Requirement for written approval 31 Where under any of the requirements the approval or agreement of the Secretary of State, the relevant planning authority or another person is required, that approval or agreement must be given in writing. Amendments to approved details 32 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 relevant discharging authority.

Your change, as a redline

SCHEDULE 2 Requirements

Article 2 Time limits 1 (1) Subject to sub-paragraph (2) the authorised project must commence no later than the expiration of five years beginning with the date this Order comes into force. (2) If proceedings are begun to challenge the validity of this Order before the end of the period referred to in sub-paragraph (1) the period in sub-paragraph (1) must be taken to be extended by one year. Offshore design parameters 2 (1) The offshore works must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 2. (2) 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 and in particular may not exceed the maximum rotor swept area as identified in Table 2. Table 2 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 (metres) | 364 Maximum rotor diameter of each wind turbine generator (metres) | 320 Maximum rotor swept area (square metres) | 5,468,884 Minimum distance from LAT to the lowest point of the rotating blade for each turbine (metres) | 34 Minimum distance between wind turbine generators in a row of wind turbine generators (metres) | 1,400 Minimum distance between rows of wind turbine generators (metres) | 1,400 Maximum diameter of pin piles for wind turbine generators on jacket pin pile foundation (metres) | 5.5 Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (metres) | 49 Maximum diameter of buckets for wind turbine generators on suction bucket jackets (metres) | 18 Maximum diameter of pin piles for offshore substation platform on jacket pin pile foundations (metres) | 5.5 Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (metres) | 80 Maximum diameter of buckets for offshore substation platforms on suction bucket jackets (metres) | 18 Maximum total seabed footprint for wind turbine generators (including scour protection) (square metres) | 735,488 Maximum number of offshore substation platforms | 4 Maximum dimensions of offshore substation platforms (excluding towers, helipads, masts, and cranes): Height of main structure when measured from LAT (metres) | 70 Length (metres) | 80 Width (metres) | 60 Maximum total seabed footprint area for offshore substation foundations (including scour protection) (square metres) | 24,964 Maximum total length of cables within Work No. 1 (inter-array and interconnector) (kilometres) | 325 Maximum total length of interconnector cables (kilometres) | 50 Maximum total length of cables within Work No. 2 (export cables) (kilometres) | 360 Maximum number of cable crossings (inter-array) | 67 Maximum number of cable crossings (interconnector) | 10 Maximum number of cable crossings (export cables) | 14 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 project unless otherwise agreed with the Defence Infrastructure Organisation Safeguarding. (2) The undertaker must notify Defence Infrastructure Organisation Safeguarding and the Civil Aviation Authority, at least 14 days prior to the commencement of the offshore works, of the following— (a) the date of the commencement of construction of the offshore works; (b) the expected 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 Safeguarding and the Civil Aviation Authority must be notified of any changes to the information supplied under sub-paragraph (2) and of the completion of the construction of the offshore works. (4) The lights installed in accordance with sub-paragraph (1) will be operated at the lowest permissible light intensity level. Stages of authorised project 4 (1) No stage of the onshore works may commence until notification has been submitted to the relevant planning authority detailing whether the onshore works will be constructed: (a) in a single stage; or (b) in two or more stages. (2) No stage of the onshore works may commence until details of the stages of the onshore works have been submitted to and approved in writing by the relevant planning authority. (3) The stages of the onshore works must be implemented as approved. Onshore Substation works 5 (1) Construction of Work No. 22a must not commence until details of— (a) the layout; (b) scale; (c) proposed finished ground levels; (d) hard surfacing materials; (e) the dimensions, colour and materials used for the buildings; (f) security fencing; (g) vehicular and pedestrian access, parking and circulation areas; and (h) proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports, have been submitted to and approved in writing by the relevant planning authority following consultation with NRW as appropriate. (2) The details submitted under sub-paragraph (1) of this requirement must be in accordance with requirement 6 (detailed design parameters onshore) and substantially in accordance with the design principles. (3) Work No. 22a must be implemented as approved. Detailed design parameters onshore 6 (1) The onshore works must not exceed the parameters assessed in the environmental statement and set out in sub-paragraphs (2) and (3). (2) The maximum number of transition joint bays must not exceed four. (3) In relation to Work No. 22a— (a) the highest part of any building, excluding lightning rods, must not exceed 15 metres above finished ground level; (b) the highest part of any external electrical equipment, excluding lightning rods, must not exceed 12.5 metres above finished ground level; (c) the total area of the fenced compound (excluding its accesses) must not exceed 65,000 square metres; and (d) the total number of lightning rods within the fenced compound area must not exceed 12 and the height of any lightning rod must not exceed 30 metres above finished ground level. (4) Trenchless installation techniques must be used to install the cable ducts and electrical circuits where identified in the onshore crossing schedule for the purpose of passing under a relevant obstruction unless otherwise agreed by the relevant planning authority, following consultation with the relevant highway authority. (5) For the purpose of this requirement, finished ground level must not exceed 61 metres above ordnance datum. Provision of landscaping 7 (1) Work No. 22a must not be commenced until a landscape plan for Work Nos. 23, 24 and 31 to 36 and associated work programme has been submitted to and approved in writing by the relevant planning authority following, where appropriate, consultation with NRW. (2) The landscape plan must accord with the outline landscape and ecology management plan and must include details of all proposed hard and soft landscaping works including— (a) location, number, species, size and planting density of any proposed planting including any trees; (b) implementation timetables for all landscaping works; and (c) proposed management for landscaping works. (3) The landscape plan must be implemented as approved and managed in accordance with the details in the landscape and ecology management plan approved under sub-paragraph (1). Implementation and maintenance of landscaping 8 (1) All landscaping works must be carried out in accordance with the landscaping plan(s) approved under requirement 7 (provision of landscaping). (2) Any tree or shrub planted as part of an approved landscaping plan that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted unless a different species is otherwise agreed in writing with the relevant planning authority. Code of construction practice 9 (1) No stage of the onshore works may commence until for that stage a code of construction practice has been submitted to and approved in writing by the relevant planning authority following consultation with NRW and the relevant highways authority as appropriate. (2) The code of construction practice must accord with the outline code of construction practice and greenhouse gas reduction strategy and include, as appropriate to the relevant stage— (a) spillage and emergency response plan (in accordance with the outline spillage and emergency response plan); (b) dust management plan (in accordance with the outline dust management plan); (c) construction noise and vibration management plan (in accordance with the outline construction noise and vibration management plan) which must include details of an action plan containing details of the measures that would be implemented in the event of exceedance and repeated exceedances of construction noise and vibration threshold levels; (d) construction traffic management plan (in accordance with the outline construction traffic management plan); (e) communications plan (in accordance with the outline communications plan); (f) construction fencing plan (in accordance with the outline construction fencing plan); (g) construction surface water and drainage management plan (in accordance with the outline construction surface water and drainage management plan); (h) flood management plan (in accordance with the outline flood management plan); (i) public rights of way management strategy (in accordance with the outline public rights of way management strategy); (j) soil management plan (in accordance with the outline soil management plan); (k) site waste management plan (in accordance with the outline site waste management plan); (l) artificial light emissions plan (in accordance with the outline artificial light emissions plan); (m) biosecurity protocol (in accordance with the outline biosecurity protocol); (n) discovery strategy for contaminated land (in accordance with the outline discovery strategy for contaminated land); (o) arboriculture method statement (in accordance with the outline arboriculture method statement); (p) onshore construction method statement (in accordance with the outline onshore construction method statement); and (q) landfall construction method statement (in accordance with the outline landfall construction method statement). (3) Each code of construction practice must be implemented as approved. (4) Onshore site preparation works must be carried out in accordance with the applicable details set out in the outline code of construction practice, the greenhouse gas reduction strategy and as appropriate the outline plans noted in sub-paragraphs (2)(a) – (q) inclusive. Highway accesses 10 (1) No new temporary or permanent means of access to a highway to be used by vehicular traffic, or any temporary or permanent alteration to an existing means of access to a highway used by vehicular traffic, may be formed until a highways access management plan for that access has been submitted to and approved in writing by the relevant planning authority in consultation with the relevant highway authority. (2) The highways access management plan must accord with the outline highways access management plan. (3) The highway accesses must be implemented as approved. Onshore archaeology 11 (1) No stage of the onshore works may commence until for that stage an onshore written scheme of investigation has been submitted to and approved in writing by the relevant planning authority. (2) The onshore written scheme of investigation must accord with the outline onshore written scheme of investigation as appropriate for the relevant stage. (3) The onshore written scheme of investigation must be implemented as approved. (4) Onshore site preparation works, including those necessary to allow production of any scheme required under sub-paragraph (1) must only take place in accordance the applicable details set out in the outline onshore written scheme of investigation. Landscape and ecology management plan 12 (1) No stage of the onshore works may commence until for that stage a landscape and ecology management plan has, following consultation with NRW, been submitted to and approved in writing by the relevant planning authority. (2) The landscape and ecology management plan must accord with the outline landscape and ecology management plan as appropriate for the relevant stage and must include details of an implementation timetable. (3) The landscape and ecology management plan must be implemented as approved for the relevant stage and managed in accordance with the details in the landscape and ecology management plan approved under sub-paragraph (1). (4) Onshore site preparation works must be carried out in accordance with the applicable details set out in the outline landscape and ecology management plan. European protected species onshore 13 (1) No stage of the onshore works other than surveying and investigation necessary to comply with this requirement may be undertaken until, for that stage, pre-construction survey work has been carried out to establish whether a European protected species or nationally protected species under the Wildlife and Countryside Act 1981 is present on any of the land affected, or likely to be affected, by any part of that stage of the onshore works. (2) Where a European protected species or nationally protected species under the Wildlife and Countryside Act 1981 is shown to be present, the stage of the onshore works likely to affect the species must not commence until, after consultation with NRW, a scheme of protection and mitigation measures for that stage has been submitted to and approved in writing by the relevant planning authority or a European Protected Species licence has been granted by NRW. (3) Each stage of the onshore works which requires a scheme of protection and mitigation measures must accord with the approved scheme as set out in sub-paragraph (2) of this requirement. (4) In this paragraph, “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017. (5) In this paragraph, “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981. Construction hours 14 (1) Except as otherwise agreed in the code of construction practice and subject to sub-paragraphs (2) to (4), construction of the onshore works and heavy goods vehicle traffic movements arriving or departing from the site of the relevant work may take place only between the hours of 0700 and 1900 from Monday to Friday and 0700 to 1300 on Saturday, with no activity on Sundays or bank holidays. (2) Subject to paragraph (3), construction of the onshore works and heavy goods vehicle traffic movements arriving or departing from the site of the relevant work may take place outside the hours specified in sub-paragraph (1) for certain identified activities including— (a) where continuous periods of construction are required, for works such as concrete pouring and finishing, electrical circuit pulling and jointing and testing, trenchless installation techniques, and dewatering pumps; (b) for the delivery and unloading of abnormal loads; (c) for the landfall works; (d) for any other time-critical element of the onshore works; (e) emergency works; and (f) mobilisation activities, which may take place one hour immediately prior to and one hour immediately after the hours specified in sub-paragraph (1). (3) Except as provided in sub-paragraph (4) and in relation to emergency works, the undertaker must notify the relevant planning authority of all construction works and activities which are to be undertaken outside the hours specified in sub-paragraph (1) by giving at least 48 hours notice in advance of those works and activities and those works and activities must not be undertaken outside the hours specified in sub-paragraph (1) until the relevant planning authority has agreed. (4) In respect of trenchless installation techniques, where continuous 24-hour working is required and has been assessed in the environmental statement, the undertaker must notify the relevant planning authority in advance by giving at least 48 hours’ notice of such works. (5) In the event of an emergency, notification of that emergency must be given to the relevant planning authority and the relevant highway authority as soon as reasonably practicable. (6) For the purposes of this requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action. (7) For the purposes of this requirement “mobilisation activities” include personnel briefings, inspections, tool-box talks, inductions, health and safety works, deliveries excluding heavy goods vehicle movements, movement to place of work, general preparation and site maintenance work but does not include operation of heavy machinery or operation of generators or flood lights. Restoration of land used temporarily for construction 15 Any land landward of MLW which is used temporarily for construction of the onshore works and not ultimately incorporated in permanent works or approved landscaping or ecological works must be reinstated within 12 months of completion of the relevant stage of the onshore works in accordance with such details as have been submitted to and approved pursuant to Requirements 7, 9, and 12 in respect of reinstatement, unless alternative details in relation to that land are agreed in writing by the relevant planning authority. Control of operational artificial light emissions 16 (1) Work No. 22a must not be brought into operation until a written scheme for the management and mitigation of internal and external artificial light emissions from Work No. 22a has been submitted to and approved in writing by the relevant planning authority. (2) The written scheme for the management and mitigation of artificial light emissions must be implemented as approved, and maintained during the lifetime of Work No. 22a. Control of noise during operational stage 17 (1) The noise rating level for the operational lifetime of Work No. 22a must not exceed 34db at Tan y Bryn Uchaf (301667, 372765) at a position representative of the façade, in free-field conditions, of any building authorised or lawfully occupied for residential or accommodation purposes at the date of the granting of this Order. (2) The noise levels set out in sub-paragraph (1) are to be measured— (a) in accordance with British Standard BS4142:2014+A1:2019, methods for rating and assessing industrial and commercial sound; and (b) with a microphone placed 1.5 metres above the ground in free-field conditions (being at least 3.5 metres from the nearest vertical reflecting surface). Operational drainage 18 (1) Work No. 22 must not commence until, for that work, an operation drainage management strategy has, following consultation with NRW, been submitted to and approved in writing by the relevant planning authority. (2) The operation drainage management strategy must accord with the outline operation drainage management strategy. (3) The written operation drainage management strategy must be implemented as approved, prior to final commissioning of Work No. 22a, and maintained during the operational lifetime of Work No. 22a. Skills and Employment plan 19 (1) No stage of the authorised project may commence until, after consultation with the relevant authorities, a skills and employment plan has been submitted to and approved in writing by Denbighshire County Council on behalf of the relevant authorities. (2) The skills and employment plan must accord with the outline skills and employment plan. (3) The skills and employment plan must be implemented as approved. (4) For the purposes of this requirement the “relevant authorities” are Denbighshire County Council, Conwy County Borough Council, Isle of Man Government, and the Isle of Anglesey County Council. Offshore decommissioning 20 No offshore 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 for approval. Onshore decommissioning 21 (1) A written scheme of decommissioning for the onshore works must be submitted to and approved in writing by the relevant planning authority at least six months prior to any decommissioning works commencing. (2) The written scheme of decommissioning for the onshore works must include a code of construction practice. (3) The approved written scheme of decommissioning must be implemented as approved in the carrying out of any decommissioning works or relevant part of such works. Great Dun Fell, Lowther Hill and St. Anne’s Primary Surveillance Radar 22 (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 in writing by the Secretary of State in order to mitigate the impact of the authorised development on the primary radar of the operator located at Great Dun Fell, Lowther Hill and St. Anne’s 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 the authorised development shall thereafter be operated fully in accordance with the approved scheme. (3) In this requirement— “operator” means NATS (En Route) plc, incorporated under the Companies Act 2006 (Company Number 4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hampshire 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 the Transport Act 2000); and “primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to mitigate the impact of the development on the primary radar located at Great Dun Fell, Lowther Hill and St Annes and air traffic management operations of the operator. Warton Aerodrome Primary Surveillance Radar 23 (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 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 other 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. Air traffic services at Liverpool John Lennon Airport 24 (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 Civil Aviation Authority, confirms in writing that either— (a) no appropriate mitigation is required in respect of the authorised development; or (b) appropriate mitigation is required to be implemented and maintained for the life of the authorised development. (2) Where appropriate mitigation is required, no wind turbine generator forming part of the authorised development is permitted to rotate its blades on its horizontal axis until the appropriate mitigation has been approved by the Secretary of State, having consulted with the operator and the Civil Aviation Authority, and implemented. (3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the life of the authorised development. (4) For the purposes of this requirement— “appropriate mitigation” means measures agreed with the Civil Aviation Authority and the operator to prevent or remove any adverse impacts which the operation of the authorised development will have on the operator’s ability to provide safe and efficient air traffic services for Liverpool John Lennon Airport during the life of the authorised development; “approved mitigation” means the appropriate mitigation approved by the Secretary of State in accordance with sub-paragraph (2); and “operator” means Liverpool Airport Limited incorporated under the Companies Act 2006 (Company Number 2116704) whose registered office is Venus Building, 1 Old Park Lane, Trafford City, Manchester, England, M41 7HA 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 Liverpool John Lennon Airport. Operation of Blackpool Airport 25 (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 CAA, has confirmed in writing 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 so implemented and maintained (2) The undertaker shall thereafter comply with all obligations contained within the approved mitigation throughout the lifetime of the authorised development. (3) For the purposes of this requirement— “appropriate mitigation” means appropriate mitigation 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 CAA and the operator and approved by the Secretary of State in accordance with sub-paragraph (1); “CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982; 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. Air traffic services at Isle of Man Airport 26 (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 in writing that either— (a) no appropriate mitigation is required in respect of the authorised development; or (b) an appropriate mitigation scheme is required to be implemented and maintained for the life of the authorised development. (2) Where appropriate mitigation is required, no wind turbine generator forming part of the authorised development is permitted to rotate its blades on its horizontal axis until the appropriate mitigation has been approved by the Secretary of State, having consulted with the operator and the Isle of Man Civil Aviation Administration, and implemented. (3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation for the life of the authorised development. (4) 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; “approved mitigation” means the appropriate mitigation approved by the Secretary of State in accordance with sub-paragraph (2); 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 Walney Aerodrome (Air traffic services) 27 (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. (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 20). (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 20); 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 20, 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 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. 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. Operation of Warton Aerodrome (Air traffic services) 28 (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. (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 20). (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 20); 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 20), 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 (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. 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. Wake effects 29 (1) No part of any wind turbine generator 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; or (b) The undertaker has provided evidence to the Secretary of State that alternative mitigation for wake effects has been agreed with the existing Ørsted offshore wind farms. (2) The wake effects plan provided in accordance with paragraph (1)(a) must include details of reasonable steps that have been taken by the undertaker to minimise wake effects on the existing Ørsted offshore wind farms whilst maximising the capacity of the authorised development within the identified technical, environmental and other constraints of the authorised development. (3) Where paragraph (1)(a) applies the design plan submitted to the licencing authority under condition 17(1)(a) of schedule 14 of this Order must be in accordance with any approved wake effects plan. (4) For the purposes of this requirement— “existing Ørsted offshore wind farms” means Barrow offshore wind farm, Burbo Bank extension, Walney Extension, West of Duddon Sands, Walney offshore wind farm or Burbo bank. Landscape enhancement scheme 30 (1) Work No. 1 must not be commenced until a scheme for the provision of landscape enhancement in accordance with the landscape enhancement scheme principles has been submitted to and approved by the relevant planning authority following consultation with Natural Resources Wales, the Isle of Anglesey County Council and Eryri National Park Authority. (2) The landscape enhancement scheme shall set out appropriate measures to compensate for the impact of the authorised development on the protected landscapes of the Isle of Anglesey National Landscape and Eryri National Park. (3) The landscape enhancement scheme shall be implemented as approved. Requirement for written approval 31 Where under any of the requirements the approval or agreement of the Secretary of State, the relevant planning authority or another person is required, that approval or agreement must be given in writing. Amendments to approved details 32 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 relevant discharging authority.

One line that says what changes, such as "Halve the dog tax".

Who it helps, what it costs, what it fixes. It is what persuades people to support it.

How this law is officially changed

Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.

A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.

Sign in to file your proposal. What you have written stays on this page.

Sign in to file it

Think it through

Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.

Questions to start with
Think it through
Legal information from the published text, not advice for your case. Check the sources. Find a law · What the register holds