Section 56 of the Planning Act 2008, Regulation 8 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 and Regulation 13 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
On 8th June 2018, the Planning Inspectorate, on behalf of the Secretary of State, accepted for examination an application by Orsted Hornsea Project Three (UK) Ltd. of 5 Howick Place, London, SW1P 1WG for a Development Consent Order (“DCO”) under the Planning Act 2008 (“the Application”).
The reference number for the Application is: EN010080.
The Application is for development consent to construct, operate and maintain Hornsea Three. Hornsea Three is the third development proposed within the former Hornsea Zone, and it comprises up to 300 wind turbine generators together with associated offshore and onshore infrastructure and all associated development.
Hornsea Three is located within the former Hornsea Zone, to the east of Hornsea Project One and Hornsea Project Two. It is located 121 km off the Norfolk coast and 160 km off the Yorkshire coast, and covers an area of approximately 696 km2.
Under the Planning Act 2008, Ørsted is required to serve notice upon you that the Application was accepted for examination by the Planning Inspectorate on behalf of the Secretary of State. The Application will now move to the pre-examination and examination phases of the procedure established under the Planning Act 2008, for the consideration of applications for development consent for nationally significant infrastructure projects.
Formal notice that the Application has been accepted is being given in accordance with Section 56 of the Planning Act 2008, Regulation 8 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (“APFP Regulations”) and Regulation 13 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (“EIA Regulations 2009”).
In compliance with these provisions, Ørsted attaches to this email:
A notice issued in accordance with section 56 of the Planning Act 2008 and Regulation 13 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (“Section 56 Notice”); and
A plan showing the location of the proposed development including offshore and onshore cable corridors.
You have been identified as a person or organisation by the Sectary of State under Section 56 of the Planning Act 2008 and/or the APFP Regulations 2009 and/or the EIA Regulations 2009 that must be notified of the acceptance of the Application.
The Section 56 Notice:
Sets out a summary of the main proposals for the Project;
Contains details of the various powers sought in the DCO;
Explains that the Project is classified as “EIA development” for the purposes of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009;
Provides details of where and when you can view the full suite of application documents free of charge;
Provides details of how to obtain hard copies of the application documents and the costs; and
Explains how to make representations (giving notice of your interest in, or objection to, the Application).
The Application falls under the EIA Regulations 2009 regime and not the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (“EIA Regulations 2017”) regime. This is because a scoping opinion was requested from the Secretary of State under the EIA Regulations 2009 before the commencement of the EIA Regulations 2017. This means that, in accordance with the transitional arrangements at Regulation 37 of the EIA Regulations 2017, the EIA Regulations 2009 will continue to apply to the Application.
Please note that representations must be received by the Planning Inspectorate by 11:59pm on 22 July 2018.
Hornsea Project Three_Section 56 Notice (1)
Hornsea Project Three_Plan to accompany Section 56 Notice (1)