The East Anglia THREE Offshore Wind Farm (Amendment) Order 2022

Statutory Instruments

2022 No. 1015

Infrastructure Planning

The East Anglia THREE Offshore Wind Farm (Amendment) Order 2022

Made

30th September 2022

Coming into force

1st October 2022

An application has been made, under paragraph 2 of Schedule 6 to the Planning Act 2008(1), to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011(2) (“the 2011 Regulations”) for a non-material change to the East Anglia THREE Offshore Wind Farm Order 2017(3) (“the 2017 Order”).

The Secretary of State, having considered the application, the responses to the publicity and consultation required by regulations 6 and 7 of the 2011 Regulations, has decided to make the changes on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

Accordingly, the Secretary of State, in exercise of the powers in paragraph 2(1) and (9) of Schedule 6 to the Planning Act 2008, makes the following Order:

Citation and commencement E+W+S

1.  This Order may be cited as the East Anglia THREE Offshore Wind Farm (Amendment) Order 2022 and comes into force on 1st October 2022.

Commencement Information

I1 Art. 1 in force at 1.10.2022, see art. 1

Amendment to the East Anglia THREE Offshore Wind Farm Order 2017 E+W+S

2.  The East Anglia THREE Offshore Wind Farm Order 2017 (“ the 2017 Order”) is amended in accordance with this Order.

Commencement Information

I2 Art. 2 in force at 1.10.2022, see art. 1

Amendments to Part 1 (Authorised development) of Schedule 1 (Authorised project) E+W+S

3.  In Part 1 (Authorised development) of Schedule 1 (Authorised project) to the 2017 Order, in paragraph (a) of the description of Work No. 1—

(a) omit the words “with a gross electrical output capacity of up to 1,400 MW”; and

(b) for “121” substitute “100”.

Commencement Information

I3 Art. 3 in force at 1.10.2022, see art. 1

Amendments to Part 3 (Requirements) of Schedule 1 (Authorised project) E+W+S

4.  Part 3 (Requirements) of Schedule 1 (Authorised project) to the 2017 Order is amended as follows—

(a) in paragraph 2(1)(a), for “262” substitute “282”;

(b) in paragraph 2(1)(c), for “230” substitute “250”;

(c) in paragraph 3(8)(a), omit the words “with a gross electrical output capacity of up to 1,400 MW” and for “121” Substitute “100”;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in paragraph 33(2)(a) for “Trimingham” substitute “Neatishead”; and

(f) in paragraph 33(2)(c) (Ministry of Defence surveillance operations), for “Kington Road, Sutton Coldfield, B75 7RL” substitute “St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire WS14 9PY”.

Textual Amendments

F1 Art. 4(d) omitted (17.11.2022) by virtue of The East Anglia THREE Offshore Wind Farm (Amendment) (No. 2) Order 2022 (S.I. 2022/1195), arts. 1, 3

Commencement Information

I4 Art. 4 in force at 1.10.2022, see art. 1

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Gareth Leigh

Head of Energy Infrastructure Planning Delivery

Department for Business, Energy and Industrial Strategy

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the East Anglia THREE Offshore Wind Farm Order 2017 (as amended), a development consent order under the Planning Act 2008, following an application made in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 for a non-material change under paragraph 2 of Schedule 6 to the Planning Act 2008. This Order removes the stated gross electrical output capacity of the offshore wind turbine generating station and makes changes to the permitted parameters of the wind turbine generators. The Order also makes a change to the address of the Defence Infrastructure Organisation and amends the location of the remote radar head following consultation feedback.

(1)

2008 c. 29. Paragraph 2 was amended by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23), by paragraph 1 and 72 of Schedule 13 to the Localism Act 2011 (c. 20), and by section 28 of the Infrastructure Act 2015 (c. 7). There are other amendments to the Act that are not relevant to this Order.

(2)

S.I. 2011/2055, as amended by S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732 S.I. 2013/522, S.I. 2013/755, S.I. 2015/377, S.I. 2015/760, S.I. 2015/1682, S.I. 2017/314, S.I. 2017/524, S.I. 2018/378, S.I. 2019/734, S.I. 2020/764 and S.I. 2020/1534. There are other amendments to the Act that are not relevant to this Order.

(3)

S.I. 2017/826 as amended by S.I. 2018/843, S.I. 2019/997 and S.I. 2021/471.