12.—(1) No construction of any wind turbine generator forming part of the authorised development shall commence until the Secretary of State, having consulted with the Ministry of Defence and the Operator, confirms in writing that he is satisfied that appropriate mitigation will be implemented and maintained for the life of the authorised development and that arrangements have been put in place with the Operator to ensure that such appropriate mitigation is implemented.
(2) For the purposes of this Requirement—
“appropriate mitigation” means measures 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 Warton Aerodrome during the life of the authorised development;
“approved mitigation” means the appropriate mitigation measures agreed with the Ministry of Defence and the Operator at the time the Secretary of State confirms in writing that he is satisfied in accordance with sub-paragraph (1);
“Ministry of Defence” means as represented by Defence Infrastructure Organisation – Safeguarding, Kingston Road, Sutton Coldfield, B75 7RL or any successor body;
“Operator” means BAE Systems (Operations) Limited incorporated under the Companies Act 2006 (Company Number 01996687) whose registered office is Warwick House, PO Box 87, Farnborough Aerospace Centre, Farnborough, Hants, GU14 6YU or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services for Warton Aerodrome.
(3) The undertaker shall thereafter comply with all other obligations contained within the approved mitigation for the life of the authorised development.
Commencement Information
I1Sch. 1 Pt. 3 para. 12 in force at 28.11.2014, see art. 1