The Cleve Hill Solar Park Order 2020

PART 1 U.K.LICENSED MARINE ACTIVITIES

1.—(1) In this licence—U.K.

“the 2009 Act” means the Marine and Coastal Access Act 2009;

“authorised deposits” means the substances and articles specified in paragraph of Part 1 of this licence;

“authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development) of the Order;

“commence” means the first carrying out of any licensed marine activities authorised by this marine licence;

“condition” means a condition in Part 2 of this licence;

“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;

“existing flood defence” means the existing bund and integrated infrastructure located beneath the path known as the Saxon Shore Way and to the north and west of the authorised development;

“LAT” means lowest astronomical tide;

“licensed activities” means the activities specified in Part 1 of this licence;

“MMO” means the Marine Management Agency, the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence;

“the location, order limits and grid coordinates plan” means the plan certified as the location, order limits and grid coordinates plan by the Secretary of State for the purposes of the Order under article 34 (certification of plans and documents, etc.);

“MHWS” means the highest level which spring tides reach on average over a period of time;

“Order” means the Cleve Hill Solar Park Order 2020;

“undertaker” means Cleve Hill Solar Park Limited (company number 08904850);

“Work No. 9” means the work of that description in Schedule 1 of the Order; and

“works plan” means the plan certified as the works plan by the Secretary of State for the purposes of the Order.

(2) A reference to any statute, order, regulation or similar instrument is construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) Unless otherwise indicated—

(a)all times are taken to be Greenwich Mean Time (GMT); and

(b)all co-ordinates are taken to be latitude and longitude degrees and minutes to two decimal places.

(4) Except where otherwise notified in writing by the MMO, notices to the MMO must be sent to—

(a)Marine Management Organisation

Marine Licensing

Lancaster House

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032; and

(b)Marine Management Organisation (local office)

Fish Market

Rock-A-Nore Road

Hastings

East Sussex

TN34 3DW

Details of licensed marine activitiesU.K.

2.—(1) Subject to the licence conditions, this licence authorises the undertaker (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act which—

(a)form part of, or are related to, the authorised development; and

(b)are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act.

(2) Such activities are authorised in relation to—

Work No.9— works to maintain the existing flood defence, comprising—

(a)inspection;

(b)investigation (above MHWS, inclusive of trial pitting);

(c)replacement of expansion joint material;

(d)concrete repair (to a standard specified in BS EN 1504);

(e)replacement of concrete toe beam;

(f)vegetation management (including grass cutting and removal of larger vegetation);

(g)replacement of loose and missing block work;

(h)repair of voids;

(i)fencing repair and replacement;

(j)servicing outfalls;

(k)cleaning outfall ancillary structures;

(l)topping up of embankment crest levels at localised low spots;

(m)vermin control;

(n)repairs of rutting in crest;

(o)repointing of jointed structures;

(p)replacing modular blocks;

(q)replacement of toe armour as required;

(r)reinstatement of timber toe piles;

(s)timber groyne plank replacement;

(t)replacement of bolts on groyne;

(u)placement of timber rubbing boards on groyne;

(v)localised movements of beach material;

(w)cleaning/dredging of drainage ditch channels;

(x)replacement of pitching where present;

(y)replacement of access structures;

(z)painting; and

(aa)any other activities required to be undertaken which—

(i)use the same materials as those on the existing flood defence;

(ii)do not alter the plan form or cross section of the existing flood defence;

(iii)do not provide an overall increase or reduction in flood level; and

(iv)do not require excavations of beach material deeper than 1.5 metres.

3.  The substances or articles authorised for deposit at sea include—U.K.

(a)iron and steel, copper and aluminium;

(b)stone and rock;

(c)concrete;

(d)sand and gravel;

(e)timber;

(f)plastic and synthetics;

(g)marine coatings; and

(h)material extracted from within the offshore Order limits.

4.  The grid coordinates for that part of the authorised development comprising Work No. 9 are specified below and more particularly on the location, order limits and grid coordinates plan—U.K.

5.  The provisions of section 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) relating to the transfer of the licence only apply to a transfer not falling within article 5 (consent to transfer benefit of Order).U.K.

6.  With respect to any condition which requires the licensed activities be carried out in accordance with the plans, protocols or statements approved under this Schedule, the approved details, plan or project are taken to include any amendments that may subsequently be approved in writing by the MMO.U.K.

7.  Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant planning authority or that other person that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.U.K.