SCHEDULES

SCHEDULE 1AUTHORISED PROJECT

PART 3REQUIREMENTS

Instrument flight procedures

37.—(1) Prior to commencement of the authorised development seaward of MHWS the undertaker must provide details of the number, specification (including lightning protection) and dimensions of each wind turbine generator and its location to the Airport Operator and provide confirmation of the same to the Secretary of State.

(2) Within 21 days of providing the information specified in sub-paragraph (1) above, (or such other period as may be agreed in writing between the undertaker and the Secretary of State), the undertaker must, with any written confirmation from the Airport Operator received within that 21 day period, provide written confirmation to the Secretary of State that—

(a)none of the turbines to be installed in accordance with the information submitted pursuant to sub-paragraph (1) above would have an impact on the instrument flight procedures of Shoreham Airport; or

(b)a turbine or turbines to be installed in accordance with the details submitted pursuant to sub-paragraph (1) above or their turbine blades would have an impact on the instrument flight procedures of Shoreham Airport and that an IFP Scheme is required.

(3) There shall be no commencement of the authorised development seaward of MHWS unless and until such time as—

(a)the Secretary of State has confirmed and agreed in writing that they are satisfied that the provisions of paragraph 2(a) are met; or

(b)in the event that written notification under paragraph 2(b) is received, the Secretary of State has confirmed in writing that they are satisfied that the undertaker has put in place a binding undertaking to adequately compensate the Airport Operator for producing and securing the implementation of the IFP Scheme.

(4) If an IFP Scheme is required, no wind turbine generator or turbine blade that has been identified as having an impact on instrument flight procedures may be erected or fitted unless and until such time as the Secretary of State receives written confirmation and evidence from the undertaker that—

(a)an IFP Scheme has been approved by the Airport Operator; and

(b)the Civil Aviation Authority has evidenced its approval to the Airport Operator of the IFP Scheme (if such approval is required).

(5) For the purposes of this requirement—

“Airport Operator” means the operator of Shoreham Airport being Brighton City Airport Limited of The Terminal Building, Cecil Pashley Way, Shoreham-by-sea, West Sussex, BN43 5FF or any successor as holder of a licence under the Commission Regulation (EU) No. 139/2014 (or any successor regulation) from the Civil Aviation Authority to operate Shoreham Airport; and

“IFP Scheme” means a scheme to address the identified potential impact of certain wind turbine generators or turbine blades to be constructed on the instrument flight procedures of Shoreham Airport.