1.2 1.2.1 13
Legislative background National Planning Statements
EAOW ONE is a Nationally Significant Infrastructure Project, and as such the primary legislation relating to the consent regime for the project is provided by the Planning Act 2008. The 2008 Act designates a series of National Planning Statements (NPSs) setting out national policy in relation to specified descriptions of development to be taken into account in determining the application. The three NPSs of relevance to East Anglia ONE are as follows:
NPS Overarching Energy (EN-1) 14
Section 5.8 relates to the historic environment. The policy identifies that where a development site includes, or the available evidence suggests it has the potential to include, heritage assets with an archaeological interest, the application should carry out appropriate assessment to properly assess the interest.
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If desk-based assessment is not sufficient to do this, the assessment should include field evaluation. The level of detail should be proportionate to the importance of the heritage asset and no more than is sufficient to understand the potential impact of the proposal on the significance of the heritage asset. The decision maker should take into account the desirability of sustaining the significance of heritage assets.Where loss of the whole or a material part of a heritage asset’s significance is justified, the applicant should record and advance understanding of the significance of the heritage asset before it is lost. The extent of the requirement should be proportionate to the nature and level of the asset’s significance.
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EN-1 Section 5.8.19 states that where the loss of the whole or a material part of a heritage asset’s significance is justified the developer should be required to record and advance understanding of the significance of the heritage asset before it is lost. The extent of the requirement should be proportionate to the nature and level of the asset’s significance.
NPS Renewable Energy Infrastructure (EN-3) 17
Section 2.6.137 – 2.6.146 relates to the impacts of offshore wind developments on the historic environment. The policy requires offshore wind developments and associated infrastructure to be sensitively designed to take into account known heritage assets and their status. Onshore effects should be assessed in accordance with policy at Section 5.8 in EN-1 (described above).
Outline Written Scheme of Investigation: Archaeology and Cultural Heritage (Onshore) Rev 01
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