The Hornsea Four Offshore Wind Farm Order 2023

Application and modification of legislative provisions E+W+S

6.—(1) The following provisions are modified to the extent specified, or do not apply, in relation to the construction or works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised project—

(a) Regulation 6 of the Hedgerows Regulations 1997(1) is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—

“or

(k) for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008.”.

(b) the provisions of the Neighbourhood Planning Act 2017(2) insofar as they relate to temporary possession of land under articles 28 (temporary use of land for carrying out the authorised project) and 29 (temporary use of land for maintaining the authorised project) of this Order.

(c) the 2016 Regulations, to the extent that they require a permit for anything that would have required consent made under section 109 of the Water Resources Act 1991(3) immediately before the repeal of that section or for any activities defined under the 2016 Regulations as flood risk activities;

(d) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 of the Water Resources Act 1991 that require consent or approval for the carrying out of works;

(e) section 23 of the Land Drainage Act 1991(4) (prohibition of obstructions etc. in watercourses); and

(f) the provisions of any byelaws made under section 66 of the Land Drainage Act 1991 (powers to make byelaws) that require consent or approval for the carrying out of works.

(2) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit) of the 2016 Regulations.

Commencement Information

I1 Art. 6 in force at 3.8.2023, see art. 1

(1)

S.I. 1997/1160.

(2)

2017 c. 20.

(3)

1991 c. 57.

(4)

1991 c. 59.