PART 2E+W+SPrincipal powers
Development consent granted by the OrderE+W+S
3.—(1) Subject to the provisions of this Order and the requirements, development consent is granted to the following persons in respect of the scheduled works, along with associated development and ancillary works related to those works—
(a)to Njord Limited to construct, maintain and operate Work No.2;
(b)to Vi Aura Limited to construct, maintain and operate Work No.3; and
(c)to Heron Wind Limited to carry out all other works comprising the authorised development,
such development, associated development and ancillary works to be carried out within the Order limits, and Schedule 1 (authorised project) has effect.
(2) Each of the scheduled works must be constructed and maintained within the limits of deviation for that work.
(3) In carrying out any of the scheduled works the undertaker may deviate from the situations shown on the works plans and described in Schedule 1 to the extent of the limits of deviation.
(4) The grant of development consent under paragraph (1)(b) is subject to paragraph 3 of Part 1 of Schedule 1 (Work No. 3 not to be constructed if Work Nos. 1 or 2 include more than 80 wind turbine generators).
(5) Any reference in this Order to the “undertaker” means Heron Wind Limited except that—
(a)insofar as relevant to Work No. 2 and related associated development or ancillary works, “undertaker” means Njord Limited;
(b)insofar as relevant to Work No.3 and related associated development or ancillary works, “undertaker” means Vi Aura Limited; and
(c)“undertaker” means two or more of Heron Wind Limited, Njord Limited or Vi Aura Limited, where this is necessary for the fulfilment of the obligations in this Order.
Maintenance of authorised projectE+W+S
4. Subject to the other terms of this Order, the undertaker may at any time maintain the authorised project, except to the extent that this Order or an agreement made under this Order, provides otherwise.
Operation of electricity generating stationsE+W+S
5.—(1) The undertaker is hereby authorised to operate the electricity generating stations comprised in the authorised development.
(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required to authorise the operation of an electricity generating station.