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Statutory Instruments

2022 No. 1399

Infrastructure Planning

The East Anglia TWO Offshore Wind Farm (Correction) Order 2022

Made

21st December 2022

Coming into force

22nd December 2022

The East Anglia TWO Offshore Wind Farm Order 2022 (“ the Order”)( 1), which granted development consent within the meaning of the Planning Act 2008 (“ the Act”)( 2), contained correctable errors within the meaning of paragraph 1 of Schedule 4 to the Act.

In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period (as defined in paragraph 1(6)(a) of Schedule 4 to the Act), the Secretary of State received a written request from the applicant( 3) for the correction of errors and omissions in the Order.

In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed Suffolk County Council and East Suffolk Council as the relevant local planning authorities( 4), that the request has been received.

The Secretary of State, in exercise of the powers conferred by section 119, and paragraphs 1(4) and 1(8) of Schedule 4 to the Act, makes the following Order—

Citation and commencement

1.—(1) This Order may be cited as the East Anglia TWO Offshore Wind Farm (Correction) Order 2022.

(2) This Order comes into force on 22nd December 2022.

Corrections

2. The East Anglia TWO Offshore Wind Farm Order 2022 is corrected as set out in the table in the Schedule to this Order, in which—

(a) column 1 sets out where the correction is to be made;

(b) column 2 sets out how the correction is to be made; and

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

David Wagstaff

Deputy Director Energy Infrastructure Planning

Department for Business, Energy and Industrial Strategy

21st December 2022

Article 2

SCHEDULE Corrections

Column (1) Where the correction is made	Column (2) How the correction is made	Column (3) Text substituted, inserted or omitted
Article 2(1)	After ““ highway” has the same meaning as in the 1980 Act” insert	““ highway authority” has the same meaning as in the 1980 Act”
Article 2(1), Footnote (a), page 6	After “section 328(1)” omit	“, for “highway authority”, see section 1”
Article 5(3)	For “Secretary of state” substitute	“Secretary of State”
Article 5(6)	For “under paragraph (1)” substitute	“under paragraph (2)”
Article 5(7)	For “in accordance with paragraph (1) or (3)” substitute	“in accordance with paragraph (2) or (3)”
Article 7(1)(a)(i)	For “section 60 (control of noise on construction site)” substitute	“section 60 (control of noise on construction sites)”
Article 7(1)(a)(i)	For “section 61 (prior consent for work on construction site)” substitute	“section 61 (prior consent for work on construction sites)”
Article 9(2)(h)	For “subparagraphs” substitute	“sub-paragraphs”
Article 16(2), Footnote (a)	After “section 35(8)(a)” insert	“and 43(2)”
Article 19(1)(b)	After “article 22 (application of the” omit	“Compulsory Purchase (Vesting Declarations) Act”
Article 24(4)	For “(3)do” substitute	“(3) do”
Article 26(1)(d)	After “the authorised project;” insert	“and”
Article 26(1)(e)	For “mitigation works of operations; and” substitute	“mitigation works of operations.”
Article 29(4)	In the definition of “public utility undertaker”, for “of” substitute	“or”
Article 41(1)(a)	For “forming part of the Crown Estate” substitute	“forming part of The Crown Estate”
Article 41(1)(b)	For “forming part of the Crown Estate” substitute	“forming part of The Crown Estate”
Schedule 1, Part 3 (Requirements), paragraph 12(10)	For “paragraphs” substitute	“sub-paragraphs”
Schedule 1, Part 3 (Requirements), paragraph 16(2)	For “paragraph” substitute	“sub-paragraph”
Schedule 1, Part 3 (Requirements), paragraph 21(1)(e)	After “a precautionary method” omit	“of dealing”
Schedule 1, Part 3 (Requirements), paragraph 23(2)	For “paragraph” substitute	“sub-paragraph”
Schedule 1, Part 3 (Requirements), paragraph 28(2)	For “paragraph” substitute	“sub-paragraph”
Schedule 1, Part 3 (Requirements), paragraph 34(2)(b)	For “paragraph” substitute	“sub-paragraph”
Schedule 10, Part 4, paragraph 8(9)	For “sub-paragraphs 1 to 3” substitute	“paragraphs 1 to 3”
Schedule 10, Part 5, paragraph 9(6)	For “relevant sub paragraph (2)” substitute	“relevant sub-paragraph (2)”
Schedule 10, Part 7, paragraph 4(1)	For “Vessel Transit and Loafing” substitute	“Vessel Transit and Loading”
Schedule 15, paragraph 4(9)	For “sub paragraphs” substitute	“sub-paragraphs”
Schedule 17, Part 1	In the row relating to document reference ExA.RRA6.D0.V1, for “Applicant’s Responses to Relevant Representations” substitute	“Applicant’s Comments on Relevant Representations”
Schedule 17, Part 1	In the row relating to document reference ExA.RRA6.D0.V1, after “Applicant’s Responses to Relevant Representations” omit	“Appendices.”
Schedule 17, Part 1	In the row relating to document reference ExA.RRA2.D0.V1, for “Applicant’s Responses to Relevant Representations” substitute	“Applicant’s Comments on Relevant Representations”
Schedule 17, Part 1	In the row relating to document reference ExA.RRA2.D0.V1, after “Applicant’s Responses to Relevant Representations” omit	“Appendices.”
Schedule 17, Part 1	In the row relating to document reference ExA.RRA3.D0.V1, for “Applicant’s Responses to Relevant Representations” substitute	“Applicant’s Comments on Relevant Representations”
Schedule 17, Part 1	In the row relating to document reference ExA.RRA3.D0.V1, after “Applicant’s Responses to Relevant Representations” omit	“Appendices.”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-5.D11.V2, for “(APP-062)” substitute	“(APP-059)”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-5.D11.V2, after “Underwater Noise Modelling” insert	“Report”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-3.D2.V1, after “Cumulative Auk Displacement” insert	“and”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-9.D4.V2, before “SuDS Infiltration Note” insert	“Clarification Note”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-11.D4.V1_001, in column (4) for “2” substitute	“1”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-11.D4.V1_002, in column (4) for “3” substitute	“1”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-11.D4.V1_003, in column (4) for “3” substitute	“1”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-11.D4.V1_004, in column (4) for “3” substitute	“1”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-11.D4.V1_005, in column (4) for “2” substitute	“1”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-11.D4.V1_006, in column (4) for “2” substitute	“1”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-29.D11.V1, for “ExA.AS-29.D11.V1” substitute	“ExA.AS-30.D11.V1”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-29.D11.V1_01, for “ExA.AS-29.D11.V1_01” substitute	“ExA.AS-30.D11.V1_01”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-29.D11.V1_02, for “ExA.AS-29.D11.V1_02” substitute	“ExA.AS-30.D11.V1_02”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-29.D11.V1_03, for “ExA.AS-29.D11.V1_03” substitute	“ExA.AS-30.D11.V1_03”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-29.D11.V1_05, for “ExA.AS-29.D11.V1_05” substitute	“ExA.AS-30.D11.V1_05”
Schedule 17, Part 1	In the row relating to document reference ExA.AS-29.D11.V1_06, for “ExA.AS-29.D11.V1_06” substitute	“ExA.AS-30.D11.V1_06”
Schedule 17, Part 1	After the row relating to document reference ExA.AS-19.D1.V1, insert new row	Column (1) “ExA.AS-7.D1.V1 (Information to Support Appropriate Assessment Report)” Column (2) “REP1-047 (APP-043 to APP-047)” Column (3) “Deadline 1 Offshore Ornithology Cumulative and In Combination Collision Risk Update” Column (4) “1” Column (5) “Deadline 1 2 November 2020”
Schedule 17, Part 1	After the row relating to document reference ExA.AS-3.D11.V1, insert new row	Column (1) “ExA.AS-8.D12.V1 (Information to Support Appropriate Assessment Report)” Column (2) “REP12-066 (APP-043 to APP-047)” Column (3) “Deadline 12 Offshore Ornithology Cumulative and In Combination Collision Risk and Displacement Update” Column (4) “1” Column (5) “Deadline 13 5 July 2021”
Schedule 17, Part 1	After the row relating to document reference ExA.AS-12.D13.V1, insert new row	Column (1) “ExA.AS-3.SoSQ.V1 (Information to Support Appropriate Assessment Report)” Column (2) “(APP-043 to APP-047)” Column (3) “Updated Offshore Ornithology Cumulative and In-Combination Collision Risk and Displacement Assessment” Column (4) “1” Column (5) “30 November 2021”
Schedule 17, Part 2	In the row relating to document reference 2.2.1, after “(offshore)” insert	“(Rev 2)”
Schedule 17, Part 2	In the row relating to document reference 2.3.1, after “(offshore)” insert	“(Rev 4)”
Schedule 17, Part 2	In the row relating to document reference 8.1, in column (2) omit	“REP13-005”
Schedule 17, Part 2	In the row relating to document reference 8.1, in column (4) for “8” substitute	“10”
Schedule 17, Part 2	In the row relating to document reference 8.1,in row (3) for “Version 09” substitute	“Version 10”
Schedule 17, Part 2	In the row relating to document reference 8.1, in row (5) for “Deadline 13 5 July 2021” substitute	“31 January 2022”
Schedule 17, Part 2	In the row relating to document reference 8.7, in column (2) omit	“REP13-007”
Schedule 17, Part 2	In the row relating to document reference 8.7, in column (4) for “6” substitute	“8”
Schedule 17, Part 2	In the row relating to document reference 8.7,in column (5) for “5 July 2021” substitute	“31 January 2022”
Schedule 17, Part 2	In the row relating to document reference 8.7, in row (3) for “version 07” substitute	“Version 08”
Schedule 17, Part 2	In the row relating to document reference 8.20, after “execution plan” insert	“(onshore)”
Schedule 17, Part 2	In the row relating to document reference ExA.AS-37.D12.V6, for “ExA.AS-37.D12.V6” substitute	“ExA.AS-13.D13.V7”
Schedule 17, Part 2	In the row relating to document reference ExA.AS-37.D12.V6, in column (4) for “6” substitute	“7”
Schedule 17, Part 2	In the row relating to document reference ExA.AS-6.D11.V4, in column (4) for “3” substitute	“4”
Schedule 17, Part 2	In the row relating to document reference ExA.AS-6.D11.V4, omit	“Additional Submission”
Schedule 17, Part 2	In the row relating to document reference ExA.AS-4.D12.V4, for “ExA.AS-4.D12.V4” substitute	“ExA.AS-6.SoSQ2.V5”
Schedule 17, Part 2	In the row relating to document reference ExA.AS-4.D12.V4, omit	“REP12-060”
Schedule 17, Part 2	In the row relating to document reference ExA.AS-4.D12.V4, in column (4) for “4” substitute	“5”
Schedule 17, Part 2	In the row relating to document reference ExA.AS-4.D12.V4, for “Deadline 12 28 June 2021” substitute	“31 January 2022”
Schedule 18, Part 3, paragraph 2(c)	For “lesser black-backed gull” substitute	“red-throated diver”
Schedule 18, Part 3, paragraph 3(b)	After “and/or exclusion” for “which” substitute	“that”
Schedule 18, Part 3, paragraph 3(f)	After “ornithological by-catch” omit	“, and which would be undertaken alongside or in place of the predator control fencing”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order corrects errors and omissions in the East Anglia TWO Offshore Wind Farm Order 2022 which granted development consent under the Planning Act 2008, following a request under paragraph 1(5)(a) of Schedule 4 to the Act.

( 1)

S.I. 2022/433.

( 2)

2008 c. 29. Paragraph 1 of Schedule 4 was amended by paragraph 70 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20)and by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 1009 (c. 23). There are other amendments to the Act which are not relevant to this Order.

( 3)

As defined in paragraph 4 of Schedule 4 to the Act.

( 4)

As defined in paragraph 4 of Schedule 4 to the Act.