46.
A deemed Marine Licence under the Marine and Coastal Access Act 2009.
Powers to compulsorily acquire land or rights, either permanently or temporarily may also be sought as part of the DCO, as may other consents or powers necessary to construct or operate the proposed project. Although not an exhaustive list, these may include the following:
47. Rights to carry out works in streets,
Rights to fell or lop trees and shrubs (whether subject to a Tree Preservation Order or otherwise); and
Powers to divert or stop public rights of way.
Relevant secondary legislation and guidance have also been taken into account within this document. A full list of these can be found on the Planning Inspectorate website:
http://infrastructure.planningportal.gov.uk/legislation-and- advice/legislation
48.
The EIA process will also take account of developing guidance provided by the Planning Inspectorate in the form of the non-statutory National Infrastructure Advice Notes (Advice Notes). These provide advice and information on a range of matters in relation to the Planning Act 2008 process. Of particular interest for the current process are the following Advice Notes:
Advice Note Three: EIA consultation and notification;
Advice Note Seven: Environmental Impact Assessment, screening and scoping; Advice Note Nine: Rochdale Envelope;
Advice Note Ten: Habitat Regulations Assessment relevant to NSIPs; and
Advice Note Twelve: Development with significant transboundary impacts consultation.
3.3.3.4 The Marine and Coastal Access Act 49.
The Marine and Coastal Access Act (MCAA) 2009 provides the legal mechanism to help ensure clean, healthy, safe, productive and biologically diverse oceans and seas by putting in place a new system for improved management and protection of the marine and coastal environment. The MCAA also established the Marine Management Organisation (MMO) the authority tasked with ensuring the delivery of sustainable development in the marine area.
Preliminary Environmental Information May 2014
East Anglia THREE Offshore Windfarm
Chapter 3 Policy and Legislative Context Page 11
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