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STATUTORY INSTRUMENTS
2026 No. 138
INFRASTRUCTURE PLANNING
The Outer Dowsing Offshore Wind Farm Order 2026
Made - - - - 10th February 2026
Coming into force - - 4th March 2026
An application under section 37 of the Planning Act 2008 (“the 2008 Act”)(1) has been made to the
Secretary of State for an order granting development consent.
The application was examined by the Examining Authority, which has made a report to the Secretary
of State under section 74(2)(2) of the 2008 Act.
The Examining Authority, having considered the application together with the documents that
accompanied it, and the representations made and not withdrawn, has, in accordance with section 74
of the 2008 Act made a report and recommendation to the Secretary of State.
The Secretary of State has considered the report and recommendation of the Examining Authority,
has taken into account the environmental information in accordance with regulation 4 of the
Infrastructure Planning (Environmental Impact Assessment) Regulations 2017(3) and has had regard
to the documents and matters referred to in section 104(2)(4) of the 2008 Act.
The Secretary of State is satisfied that special category land comprised within the Order land, when
burdened with the new rights authorised for compulsory acquisition under the terms of this Order,
will be no less advantageous than it was before to the persons in whom it is vested; other persons, if
any, entitled to rights of common or other rights; and the public; and that, accordingly, section 132(3)
of the 2008 Act applies.
The Secretary of State, having decided the application, has determined to make an order giving effect
to the proposals comprised in the application on terms that in the opinion of the Secretary of State
are not materially different from those proposed in the application.
The Secretary of State, in exercise of the powers conferred by sections 114(5) and 120(6) of the
2008 Act, makes the following Order.
(1) 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and schedule 13 to, the Localism Act 2011 (c. 20) and by
sections 22 to 27 of the Growth and Infrastructure Act 2013 (c. 27).
(2) Section 74 was amended by sections 128(2) and 237 and paragraph 29 of Schedule 13 and paragraph 1 of Schedule 25 to
the Localism Act 2011.
(3) S.I. 2017/572.
(4) Section 104(2) was amended by paragraph 49(3) of Schedule 13 to the Localism Act 2011 (c. 20) and section 58(5) of the
Marine and Coastal Access Act 2009 (c. 23).
(5) Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011 (c. 20).
(6) Section 120 was amended by section 140 and paragraph 60 of Schedule 13 to the Localism Act 2011 (c. 20).Document Generated: 2026-03-20
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PART 1
Preliminary
Citation and commencement
1.—(1) This Order may be cited as the Outer Dowsing Offshore Wind Farm Order 2026.
(2) This Order comes into force on 4th March 2026.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 1961(7);
“the 1965 Act” means the Compulsory Purchase Act 1965(8);
“the 1980 Act” means the Highways Act 1980(9);
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(10);
“the 1984 Act” means the Road Traffic Regulation Act 1984(11);
“the 1989 Act” means the Electricity Act 1989(12);
“the 1990 Act” means the Town and Country Planning Act 1990(13);
“the 1991 Act” means the New Roads and Street Works Act 1991(14);
“the 2003 Act” means the Communications Act 2003(15);
“the 2004 Act” means the Energy Act 2004(16);
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 2009(17);
“the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations
2016(18);
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017(19);
“access to works plan” means the plan or plans certified as the access to works plan or plans by
the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);
“ancillary works” means—
(a) the ancillary works described in Part 2 of Schedule 1 (ancillary works); and
(b) any other works authorised by this Order,
to the extent that such works are not development within the meaning of section 32 of the
2008 Act;
(7) 1961 c. 33.
(8) 1965 c. 56.
(9) 1980 c. 66.
(10) 1981 c. 66.
(11) 1984 c. 27.
(12) 1989 c. 29.
(13) 1990 c. 8.
(14) 1991 c. 22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Sections 78(4), 80(4) and
83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).
(15) 2003 c. 21.
(16) 2004 c. 20. Section 105 was amended by section 69 of the Energy Act 2008 (c. 32).
(17) 2009 c. 23.
(18) S.I. 2016/1154.
(19) S.I. 2017/1012.
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“array cable” means the cables described in paragraph (b) of Work No. 1 that link the wind
turbine generators to each other and to the offshore transformer substations;
“authorised development” means the development described in Part 1 of Schedule 1
(authorised development) and any other development authorised by this Order that is
development within the meaning of section 32 of the 2008 Act;
“authorised project” means the authorised development and the ancillary works;
“Biodiversity Net Gain Assessment Report” means the document certified as the Biodiversity
Net Gain Assessment Report by the Secretary of State for the purposes of this Order under
article 40 (certification of plans etc.);
“book of reference” means the document certified by the Secretary of State under article 40
(certification of plans etc.) as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“buoy” means any floating device used for navigational purposes or measurement purposes,
including LiDAR buoys, wave buoys and guard buoys;
“cable circuits” means a number of electrical conductors necessary to transmit electricity
between two points within the authorised project bundled as one cable or taking the form of
separate cables, and may include one or more auxiliary cables (normally fibre optic cables) for
the purpose of control, monitoring, protection or general communications;
“cable crossings” means the crossing of existing sub-sea cables or pipelines or other existing
infrastructure by cable circuits authorised by this Order together with physical protection
measures including cable protection;
“cable protection” means measures to protect cables from physical damage including the
use of bagged solutions filled with grout or other materials, protective aprons or coverings,
mattresses, flow energy dissipation devices or rock and gravel burial;
“carriageway” has the same meaning as in section 329(1) of the 1980 Act;
“commence” means—
(a) in relation to works seaward of MHWS, the first carrying out of any licensed marine
activities authorised by the deemed marine licences, save for operations consisting of
offshore preparation works; and
(b) in respect of any other works comprised in the authorised project, the first carrying out
of any material operation (as defined in section 155 of the 2008 Act) forming part of the
authorised project other than onshore preparation works;
and the words “commencement” and “commenced” must be construed accordingly;
“deemed marine licences” means the marine licences set out in Schedules 10 (deemed marine
licence under the 2009 Act – generation assets), 11 (deemed marine licence under the 2009
Act – offshore transmission assets), 12 (deemed marine licence under the 2009 Act – northern
artificial nesting structure 1), 13 (deemed marine licence under the 2009 Act – northern
artificial nesting structure 2), 14 (deemed marine licence under the 2009 Act – southern
artificial nesting structure 1), and 15 (deemed marine licence under the 2009 Act – southern
artificial nesting structure 2);
“earth pit” means the underground plastic and/or concrete pit where the earthing points between
adjacent export cable sections are connected and earthed installed within a buried chamber for
intermittent maintenance and fault-finding purposes;
“EIA Regulations” means the Infrastructure Planning (Environmental Impact Assessment)
Regulations 2017(20);
(20) S.I. 2017/572.
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“export cables” means the offshore and onshore cable circuits comprised within Work Nos. 5,
11 and 13 connecting the offshore transformer stations to the onshore HVAC substation;
“cable ducts” means conduits for the installation of cable circuits;
“design approach document” means the document certified as the design approach document
by the Secretary of State for the purposes of this Order under article 40 (certification of plans
etc.);
“design principles statement” means the document certified as the design principles statement
by the Secretary of State for the purposes of this Order under article 40 (certification of plans
etc.);
“Environment Agency” means the non-departmental public body of that name created by
section 1 of the Environment Act 1995(21);
“environmental statement” means the document certified as the environmental statement by
the Secretary of State under article 40 (certification of plans etc.);
“fibre optic cable” means a cable consisting of one or more thin flexible fibres with a glass
core through which signals are sent in the form of light;
“gravity base structure” means a structure principally of steel, concrete, or steel and concrete
which rests on the seabed either due to its own weight with or without added ballast or
additional skirts and associated equipment including scour protection, J-tubes, corrosion
protection systems and access platforms and equipment;
“highway” and “highway authority” have the same meaning as in the 1980 Act(22);
“Historic England” means the Historic Buildings and Monuments Commission for England;
“horizontal directional drilling” is a trenchless technique for installing cables and cable ducts
involving drilling in an arc between two points;
“HVAC” means high voltage alternating current;
“important hedgerows and tree preservation order plan” means the document certified as the
important hedgerows and tree preservation order plan by the Secretary of State for the purposes
of this Order under article 40 (certification of plans etc.);
“in principle monitoring plan” means the document certified as the in principle monitoring
plan by the Secretary of State for the purposes of this Order under article 40 (certification of
plans etc.);
“in principle Southern North Sea SAC Site Integrity Plan” means the document certified as
the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the
purposes of this Order under article 40 (certification of plans etc.);
“interlink cable” means the cables comprised within Work No. 4 that link the offshore
transformer substations to each other and to the offshore accommodation platform;
“intertidal area” means the area between MHWS and MLWS;
“intrusive” means an activity that requires or is facilitated by breaking the surface of the ground
or seabed (but does not include the installation of fence or signage posts);
“jointing bay” means an excavation formed with a buried concrete slab at sufficient depth to
enable the jointing of high voltage power cables;
“jointing” means a process by which two or more cables are connected to each other by means
of cable joints within a jointing bay;
(21) 1995 c. 25.
(22) “highway” is defined in section 328(1), for “highway authority”, see section 1.
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“landfall” means the location at which the offshore export cables and fibre optic cables come
ashore;
“landfall temporary works area” means a temporary works area associated with the works at
the landfall including the construction of transition joint bays and trenchless technique works;
“land plans” means the plans certified as the land plans by the Secretary of State for the
purposes of this Order under article 40 (certification of plans etc.)
“large offshore transformer substation” means the large version of the offshore transformer
substations assessed in the environmental statement;
“LAT” means lowest astronomical tide;
“layout principles” means the layout principles set out in paragraph 25 of Chapter 3 (Project
Description) of the environmental statement;
“lead local flood authority” has the meaning in section 6(7) (other definitions) of the Flood
and Water Management Act 2010(23);
“limits of deviation” means the limits for the scheduled works as shown on the works plans;
“link box” means the underground metal box placed within a plastic and/or concrete pit where
the metal sheaths between adjacent export cable sections are connected and earthed. Link boxes
are installed within a ground level manhole or inspection chamber to allow access for regular
maintenance and fault-finding purposes. They may include above ground demarcation which
may include fencing and marker posts;
“local highway authority” has the same meaning as in section 329(1) of the 1980 Act(24);
“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove,
reconstruct and replace (including replenishment of cable protection), but does not include the
removal, reconstruction or replacement of foundations associated with the offshore works, to
the extent assessed in the environmental statement; and “maintenance” and any derivative of
maintain must be construed accordingly;
“mean high water springs” or “MHWS” means the highest level which spring tides reach on
average over a period of time;
“mean low water springs” or “MLWS” means the average height of all low waters above Chart
Datum;
“MMO” means the Marine Management Organisation;
“monopile foundation” means a steel pile, driven and/or drilled into the seabed and associated
equipment including scour protection, J-tubes, corrosion protection systems and access
platforms and equipment;
“MSL” means mean sea level;
“offshore accommodation platform” means a structure attached to the seabed by means of
a foundation, with one or more decks and a helicopter platform (including bird deterrents),
containing housing accommodation, storage, workshop, auxiliary equipment and facilities for
operating, maintaining and controlling the wind turbine generators and offshore electrical
installations;
“offshore artificial nesting structure” means a structure attached to the seabed by means of a
foundation, providing nesting facilities for birds;
“offshore electrical installations” means the small offshore transformer substations, the large
offshore transformer substations, and the offshore reactive compensation platforms forming
part of the authorised project;
(23) 2010 c. 29.
(24) Section 329(1) was amended by paragraph 60(2)(a) of Schedule 1(1) to the Infrastructure Act 2015 (c. 7).
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“offshore preparation works” means surveys and monitoring seaward of MHWS undertaken
prior to the commencement of construction to prepare for construction;
“offshore reactive compensation platform” means a structure attached to the seabed by means
of a foundation, with one or more decks (including bird deterrents) housing—
(a) electrical reactors and switchgear for the purpose of the efficient transfer of power in the
course of HVAC transmission by providing reactive compensation;
(b) auxiliary equipment and facilities for operating, maintaining and controlling the offshore
reactive compensation platform;
“offshore order limits and grid coordinates plan” means the document certified as the offshore
order limits and grid coordinates plan by the Secretary of State under article 40 (certification
of plans etc.);
“offshore transformer substation” means a structure attached to the seabed by means of a
foundation, with one or more decks and a helicopter platform (including bird deterrents),
containing—
(a) electrical equipment required to switch, transform, convert electricity generated at the
wind turbine generators to a higher voltage and provide reactive power compensation;
and
(b) housing accommodation, storage, workshop auxiliary equipment, radar and facilities for
operating, maintaining and controlling the substation or wind turbine generators;
“offshore works” means Work Nos. 1 to 11 and any related associated development in
connection with those works and ancillary works described in Schedule 1 part 1 and Schedule 1
part 2 respectively;
“onshore preparation works” means operations consisting of site clearance, pre-planting
of landscaping works, vegetation clearance, archaeological investigations, environmental
surveys, ecological mitigation, investigations for the purpose of assessing ground conditions,
remedial work in respect of any contamination or other adverse ground conditions, diversion
and laying of services, erection of any temporary means of enclosure, creation of site accesses,
footpath creation and the temporary display of site notices or advertisements;
“onshore HVAC substation” means a compound containing electrical equipment (including
power transformers, gantries, switchgear, reactive compensation equipment, electrical
protection equipment devices (disconnectors, circuit breakers), harmonic filters, cables and
back-up generators), control buildings, lightning protection masts, communications masts,
access, fencing and other associated equipment, structures or buildings;
“onshore transmission works” means Work Nos. 11 to 25 and any related associated
development in connection with those works and ancillary works described in Schedule 1 part
1 (authorised development) and Schedule 1 part 2 (ancillary works) respectively;
“Order land” means the land shown on the land plans which is within the limits of land to be
acquired or used and described in the book of reference;
“Order limits” means the limits shown on the works plans within which the authorised project
may be carried out;
“outline air quality management plan” means the document certified as the outline air quality
management plan by the Secretary of State for the purposes of this Order under article 40
(certification of plans etc.);
“outline biogenic reef mitigation plan” means the document certified as the outline biogenic
reef mitigation plan by the Secretary of State for the purposes of this Order under article 40
(certification of plans etc.);
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“outline cable specification and installation plan” means the document certified as the outline
cable specification and installation plan by the Secretary of State for the purposes of this Order
under article 40 (certification of plans etc.);
“outline code of construction practice” means the document certified as the outline code of
construction practice by the Secretary of State for the purposes of this Order under article 40
(certification of plans etc.);
“outline construction traffic management plan” means the document certified as the outline
construction traffic management plan by the Secretary of State for the purposes of this Order
under article 40 (certification of plans etc.);
“outline fisheries liaison and coexistence plan” means the document certified as the outline
fisheries liaison and coexistence plan by the Secretary of State for the purposes of this Order
under article 40 (certification of plans etc.);
“outline landscape and ecological management strategy” means the document certified as
the outline landscape and ecological management strategy by the Secretary of State for the
purposes of this Order under article 40 (certification of plans etc.);
“outline marine mammal mitigation protocol (piling)” means the document certified as the
outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes
of this Order under article 40 (certification of plans etc.);
“outline noise and vibration management plan” means the document certified as the outline
noise and vibration management plan by the Secretary of State for the purposes of this Order
under article 40 (certification of plans etc.);
“outline offshore operations and maintenance plan” means the document certified as the outline
offshore operations and maintenance plan by the Secretary of State for the purposes of this
Order under article 40 (certification of plans etc.);
“outline operational artificial light emissions management plan” means the document certified
as the outline operational artificial light emissions management plan by the Secretary of State
for the purposes of this Order under article 40 (certification of plans etc.);
“outline operational drainage management plan” means the document certified as the outline
operational drainage management plan by the Secretary of State for the purposes of this Order
under article 40 (certification of plans etc.);
“outline organic land protocol” means the document certified as the outline organic land
protocol by the Secretary of State for the purposes of this Order under article 40 (certification
of plans etc.);
“outline pollution prevention and emergency incident response plan” means the document
certified as the outline pollution prevention and emergency incident response plan by the
Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);
“outline project environmental management plan” means the document certified as the outline
project environmental management plan by the Secretary of State for the purposes of this Order
under article 40 (certification of plans etc.);
“outline public access management plan” means the document certified as the outline public
access management plan by the Secretary of State for the purposes of this Order under article
40 (certification of plans etc.);
“outline scour protection and cable protection management plan” means the document certified
as the outline scour protection and cable protection management plan by the Secretary of State
for the purposes of this Order under article 40 (certification of plans etc.);
“outline site waste management plan” means the document certified as the outline site waste
management plan by the Secretary of State for the purposes of this Order under article 40
(certification of plans etc.);
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“outline soil management plan” means the document certified as the outline soil management
plan by the Secretary of State for the purposes of this Order under article 40 (certification of
plans etc.);
“outline surface water drainage strategy” means the document certified as the outline surface
water drainage strategy by the Secretary of State for the purposes of this Order under article
40 (certification of plans etc.);
“outline travel plan” means the document certified as the outline travel plan by the Secretary
of State for the purposes of this Order under article 40 (certification of plans etc.);
“outline vessel management plan” means the document certified as the outline vessel
management plan by the Secretary of State for the purposes of this Order under article 40
(certification of plans etc.);
“outline marine archaeological written scheme of investigation” means the document certified
as the outline marine archaeological written scheme of investigation by the Secretary of State
for the purposes of this Order under article 40 (certification of plans etc.);
“outline onshore written scheme of investigation for archaeological works” means the
document certified as the outline onshore written scheme of investigation for archaeological
works by the Secretary of State for the purposes of this Order under article 40 (certification
of plans etc.);
“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land
Act 1981(25);
“pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure steel
jacket foundations;
“pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which
is fixed to the seabed at three or more points with steel pin piles and associated equipment
including scour protection, J-tubes, corrosion protection systems and access platform(s) and
equipment;
“public rights of way plan” means the plan certified as the public rights of way plan by the
Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);
“relevant highway authority” means the highway authority for the area in which the land to
which the relevant provision of this Order applies is situated;
“relevant lead local flood authority” means the lead local flood authority for the area in which
the land to which the relevant provision of this Order applies is situated;
“relevant local highway authority” means the local highway authority for the area in which the
land to which the relevant provision of this Order applies is situated;
“relevant planning authority” means the district planning authority for the area in which the
land to which the relevant provision of this Order applies is situated;
“requirements” means those matters set out in Part 3 of Schedule 1 (requirements) to this Order;
“SAC” means special area of conservation;
“scour protection” means measures to prevent loss of seabed sediment around a structure
placed in or on the seabed by use of protective aprons, mattresses, or rock and gravel placement;
“scheduled works” means the numbered works specified in Part 1 of Schedule 1 (authorised
development) to this Order, or any part of them;
“small offshore transformer substation” means the small version of the offshore transformer
substations assessed in the environment statement;
(25) 1981 c. 67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act
1991 (c. 34). There are other amendments to the 1981 Act which are not relevant to this Order.
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“special category land” means the land comprising plot(s) 01-001, 01-002, 01-004, 01-005 and
17-001 shown on the land plans and described in the book of reference;
“stage” means a section or part of the authorised project as identified as a stage in a written
scheme approved under requirement 11 (stages of authorised project onshore);
“statutory nature conservation body” means the appropriate nature conservation body as
defined in regulation 5 of the 2017 Regulations;
“statutory undertaker” means any person falling within section 127(8) of the 2008 Act and a
public communications provider as defined in section 151 of the 2003 Act;
“street” means a street within the meaning of section 48 of the 1991 Act(26), together with
land on the verge of a street or between two carriageways, and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act(27);
“streets plan” means the plan or plans certified as the streets plan or plans by the Secretary of
State for the purposes of this Order under article 40 (certification of plans etc.);
“suction bucket” means large diameter steel cylindrical shells which penetrate the seabed
assisted by a hydrostatic pressure differential for securing steel jacket foundations;
“suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel
which is fixed to the seabed at three or more points with steel suction buckets and associated
equipment including scour protection, J-tubes, corrosion protection systems and access
platform(s) and equipment;
“temporary works area” means a construction site associated with the onshore transmission
works including hard standings, plant and equipment, lay down and storage areas for
construction materials, plant and equipment, areas for spoil, areas for vehicular parking,
bunded storage areas, areas for welfare facilities including offices and canteen and washroom
facilities, wheel washing facilities, workshop facilities and temporary fencing or other means
of enclosure and areas for other facilities required for construction purposes;
“transition joint bay” means an underground pit where the offshore export cables are jointed
to the onshore export cables;
“transition piece” means the metal structure attached to the top of the foundation where the
base of the wind turbine generator is connected and may include additional equipment such as
J-tubes, corrosion protection systems, boat access systems, access platforms, craneage, radar,
electrical transmission equipment and associated equipment;
“traffic authority” has the same meaning as in section 121A of the 1984 Act;
“traffic sign” has the same meaning as in section 64(1) of the 1984 Act;
“traffic regulation order plan” means the plan certified as the traffic regulation order plan by
the Secretary of State for the purposes of this Order under article 40 (certification of plans etc.);
“trenchless technique” means a method of installation that allows ducts and cables to be
installed under an obstruction without digging a trench (examples of such techniques include
horizontal directional drilling, thrust boring, auger boring and pipe ramming);
“trenchless technique compound” means a construction site associated with the onshore
transmission works where a trenchless technique is proposed including hard standings, lay
down and storage areas for construction materials, plant and equipment, areas for spoil, areas
for vehicular parking, bunded storage areas, areas for welfare facilities including offices and
canteen and washroom facilities, wheel washing facilities, workshop facilities and temporary
(26) Section 48 was amended by section 124(2) of the Local Transport Act 2008 (c. 26).
(27) “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015
(c. 7).
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fencing or other means of enclosure and areas for other facilities required for construction
purposes;
“tribunal” means the Lands Chamber of the Upper Tribunal;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“undertaker” means GT R4 Limited (company number 13281221);
“vessel” means every description of vessel, however propelled or moved, and includes a non-
displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil
vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted
for movement through, in, on or over water and which is at the time in, on or over water;
“watercourse” includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes,
sluices, sewers and passages through which water flows except a public sewer or drain;
“wind turbine generator” means a structure comprising a tower, rotor with three blades
connected at the hub, nacelle and ancillary electrical and other equipment which may include
J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems,
corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities
and other associated equipment, fixed to a foundation; and
“works plans” means the plans certified as the works plans onshore and works plans offshore
by the Secretary of State for the purposes of this Order under article 40 (certification of plans
etc.).
(2) References in this Order to rights over land include references to rights to do or restrain or to
place and maintain, anything in, on or under land or in the air-space above its surface and references
in this Order to the imposition of restrictive covenants are references to the creation of rights over
the land which interfere with the interests or rights of another and are for the benefit of land which
is acquired under this Order or which is an interest otherwise comprised in the Order land.
(3) All distances, directions, capacities, volumes and lengths referred to in this Order are
approximate save in respect of the parameters referred to in—
(a) requirements 2, 3, 4 and 5 in Part 3 of Schedule 1 (requirements);
(b) conditions 1, 2 and 3 in Part 2 of Schedules 10 and 11 (conditions);
(c) condition 1 in Part 2 of Schedules 12, 13, 14, and 15 (conditions),
and distances between points on a work comprised in the authorised development are to be taken
to be measured along that work.
(4) Any reference in this Order to a work identified by the number of the work is to be construed
as a reference to the work of that number authorised by this Order.
(5) Unless otherwise stated, references in this Order to points identified by letters are to be
construed as references to the points so lettered on the works plans.
(6) The expression “includes” is to be construed without limitation unless the contrary intention
appears.
(7) 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.
(8) References in this Order to plots are references to the plots shown on the land plans and
described in the book of reference.
(9) In this Order, a reference to the singular is a reference to the plural, and vice versa, except
where explicitly stated.
(10) In this Order, references to any statutory body includes that body’s successor bodies.
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PART 2
Principal Powers
Development consent etc. granted by the Order
3.—(1) Subject to the provisions of this Order and to the requirements in Schedule 1 part 3
(requirements) the undertaker is granted—
(a) development consent for the authorised development; and
(b) consent for the ancillary works,
to be carried out within the Order limits.
(2) Subject to the requirements in Schedule 1, each of the scheduled works must be constructed
and maintained within the limits of deviation for that work.
Power to maintain the authorised project
4.—(1) The undertaker may at any time maintain the authorised project, except to the extent that
this Order or an agreement made under this Order provides otherwise.
(2) The power to maintain conferred under paragraph (1) does not relieve the undertaker of any
requirement to obtain any further licence under Part 4 of the 2009 Act (marine licensing) for offshore
works not covered by the deemed marine licences.
Benefit of the Order
5.—(1) Subject to this article, the provisions of this Order have effect solely for the benefit of
the undertaker.
(2) Subject to paragraph (3), the undertaker may with the written consent of the Secretary of
State—
(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of
this Order (including the deemed marine licences) and such related statutory rights as may
be agreed between the undertaker and the transferee;
(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the
lessee any or all of the benefit of the provisions of this Order (including the deemed marine
licences) and such related statutory rights as may be so agreed,
except where paragraph (6) applies, in which case the consent of the Secretary of State is not required.
(3) The Secretary of State must notify the MMO, and must have regard to any responses received
from the MMO within 28 days of that notification, before giving consent to the transfer or grant to
another person of the benefit of any or all of the provisions of any of the deemed marine licences.
(4) Where an agreement has been made in accordance with paragraph (2) references in this Order
to the undertaker, except in paragraph (5), (7), (8), (11) and (12) of this article, include references
to the transferee or lessee.
(5) Where the undertaker has transferred any benefit, or for the duration of any period during
which the undertaker has granted any benefit, under paragraph (2)—
(a) the benefit transferred or granted (“the transferred benefit”) includes any rights that are
conferred, and any obligations that are imposed, by virtue of the provisions to which the
benefit relates;
(b) the transferred benefit resides exclusively with the transferee or, as the case may be, the
lessee and the transferred benefit is not enforceable against the undertaker save in the case
of a deemed marine licence transferred or granted in respect of any breach of an obligation
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by the undertaker which occurs prior to such transfer or grant or which occurs as a result
of any activity carried out by the undertaker on behalf of the transferee; and
(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer
or grant under paragraph (2) are subject to the same restrictions, liabilities and obligations
as would apply under this Order if those benefits or rights were exercised by the undertaker.
(6) The consent of the Secretary of State is required for the exercise of powers and under
paragraph (2) except where—
(a) the transferee or lessee is a person who holds a licence under section 6 of the 1989 Act; or
(b) the time limits for claims for compensation in respect of the acquisition of land or effects
upon land under this Order have elapsed and—
(i)no such claims have been made,
(ii)any such claim has been made and has been compromised or withdrawn,
(iii)compensation has been paid in final settlement of any such claim,
(iv)payment of compensation into court has taken place in lieu of settlement of any such
claim; or
(v)it has been determined by a tribunal or court of competent jurisdiction in respect of
any such claim that no compensation is payable.
(7) The provisions of article 8 (street works), article 11 (temporary closure of streets), article 18
(compulsory acquisition of land), article 20 (compulsory acquisition of rights), article 26 (temporary
use of land for carrying out the authorised project) and article 27 (temporary use of land for
maintaining the authorised project) have effect only for the benefit of the named undertaker, and a
person who is a transferee or lessee and is also—
(a) in respect of Work Nos. 11 to 25 a person who holds a licence under the 1989 Act; or
(b) in respect of functions under article 8 (street works) relating to a street, a street authority.
(8) Prior to any transfer or grant under this article taking effect the undertaker must provide
written notification to the Secretary of State and, if such transfer or grant relates to the exercise of
powers in their area, to the MMO and the relevant planning authority.
(9) A notice required under paragraph (8) must—
(a) state—
(i)the name and contact details of the person to whom the benefit of the provisions will
be transferred or granted;
(ii)subject to paragraph (10), the date on which the transfer will take effect;
(iii)the provisions to be transferred or granted;
(iv)the restrictions, liabilities and obligations that, in accordance with paragraph (5), will
apply to the person exercising the powers transferred or granted; and
(v)where paragraph (6) does not apply, confirmation of the availability and adequacy
of funds for compensation associated with the compulsory acquisition of the Order
land.
(b) be accompanied by—
(i)where relevant, a plan showing the works or areas to which the transfer or grant
relates; and
(ii)a copy of the document effecting the transfer or grant signed by the undertaker and
the person to whom the benefit of the powers will be transferred or granted.
(10) The date specified under paragraph (9)(a)(ii) must not be earlier than the expiry of 14 days
from the date of the Secretary of State’s receipt of the notice.
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(11) The notice given under paragraph (8) must be signed by the undertaker and the person to
whom the benefit of the powers will be transferred or granted as specified in that notice.
(12) Section 72(7) and (8) (variation, suspension, revocation and transfer) of the 2009 Act do not
apply to a transfer or grant of the whole of the benefit of the provisions of any of the deemed marine
licences to another person by the undertaker pursuant to an agreement under this article 5 (benefit of
the Order) save that the MMO may amend any deemed marine licence granted under Schedules 10
to 15 of the Order to correct the name of the undertaker to the name of a transferee or lessee under
this article 5 (benefit of the Order).
Application and modification of legislative provisions
6.—(1) Regulation 6 (permitted work) of the Hedgerows Regulations 1997(28) is modified so
as to read for the purposes of this Order only as if there were inserted after sub-paragraph (1)(j)
the following—
“(k) for carrying out development which has been authorised by an order granting
development consent pursuant to the Planning Act 2008.”.
(2) The following provisions do not apply in relation to the construction of works carried out for
the purpose of, or in connection with, the construction or maintenance of the authorised project—
(a) the provisions of the Neighbourhood Planning Act 2017(29) insofar as they relate to
temporary possession of land under articles 26 (temporary use of land for carrying out the
authorised project) and 27 (temporary use of land for maintaining the authorised project)
of this Order;
(b) regulation 12(1)(a) (requirement for environmental permit) of the 2016 Regulations in
relation to the carrying out of a flood risk activity;
(c) the provisions of any byelaws made under, or having effect as if made under, paragraphs
5, 6 or 6A of Schedule 25 to the Water Resources Act 1991(30) that require consent or
approval for the carrying out of works;
(d) section 23 of the Land Drainage Act 1991(31) (prohibition of obstructions etc. in
watercourses); and
(e) the provisions of any byelaws made under section 66 of the Land Drainage Act 1991
(powers to make byelaws) that require consent or approval for the carrying out of works.
(3) The provisions of the Lindsey County Council (Sandhills) Act 1932(32) do not apply in
relation to the exercise of any power conferred by this Order.
(4) Regulation 5 of The Management of Hedgerows (England) Regulations 2024(33) is modified
so as to read for the purposes of this Order only as if there were inserted after paragraph 5(e)—
“(5) (f) activities authorised by an order granting development consent pursuant to the
Planning Act 2008.”.
(5) In this article, “flood risk activity” means an activity described in paragraph 3(1) of
Schedule 25 (flood risk activities and excluded flood risk activities) to the 2016 Regulations.
(6) Nothing in this article 6 (application and modification of legislative provisions) overrides the
requirement for an environmental permit under Regulation 12(1)(b) (requirement for environmental
permit) of the 2016 Regulations.
(28) S.I. 1997/1160. Regulation 6 was amended by paragraph 35 of Schedule 1 to S.I. 2015/377.
(29) 2017 c. 20.
(30) 1991 c. 57.
(31) 1991 c. 59.
(32) 1932 c. 86.
(33) S.I. 2024/680
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Defence to proceedings in respect of statutory nuisance
7.—(1) Where proceedings are brought under section 82(1) of the Environmental Protection
Act 1990(34) (summary proceedings by persons aggrieved by statutory nuisances) in relation to a
nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so
as to be prejudicial to health or a nuisance) no order may be made, and no fine may be imposed,
under section 82(2) of that Act if—
(a) the defendant shows that the nuisance—
(i)relates to premises used by the undertaker for the purposes of or in connection with
the construction, maintenance or decommissioning of the authorised project and that
the nuisance is attributable to the carrying out of the authorised project in accordance
with a notice served under section 60 (control of noise on construction sites) or a
consent given under section 61 (prior consent for work on construction sites) of the
Control of Pollution Act 1974(35); or
(ii)is a consequence of the construction, maintenance or decommissioning of the
authorised project and that it cannot reasonably be avoided; or
(b) the defendant shows that the nuisance—
(i)relates to premises used by the undertaker for the purposes of or in connection with
the use of the authorised project and that the nuisance is attributable to the use of
the authorised project in compliance with requirement 25 (control of noise during
operational phase); or
(ii)is a consequence of the use of the authorised project and that it cannot reasonably
be avoided.
(2) Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates
to the use of premises by the undertaker for purposes of or in connection with the construction,
maintenance or decommissioning of the authorised project.
PART 3
Streets
Street works
8.—(1) The undertaker may, for the purposes of the authorised project, enter on so much of any
of the streets specified in Schedule 2 (streets subject to street works) as is within the Order limits
and may—
(a) break up or open the street, or any sewer, drain or tunnel within or under it;
(b) tunnel or bore under the street;
(c) remove or use all earth and materials in or under the street;
(d) place and keep apparatus in, on or under the street;
(e) remove, maintain or renew apparatus in, on or under the street or change its position; and
(34) 1990 c. 43. Section 82 was amended by section 107 and paragraph 6 of Schedule 17 to the Environment Act 1995 (c. 25),
section 5 of the Noise and Statutory Nuisance Act 1993 (c. 40), and section 103 of the Clean Neighbourhoods and Environment
Act 2005 (c. 16) and section 79 was amended by sections 101 and 102 of the Clean Neighbourhoods and Environment Act
2005 (c. 16), and by section 120 and paragraph 89 of Schedule 22 to the Environment Act 2005. There are other amendments
to this Act which are not relevant to the Order.
(35) 1974 c. 40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15 of Schedule 15 to the
Environmental Protection Act 1990 (c. 43) and Schedule 24 to the Environment Act 1995 (c. 25). There are other amendments
to the 1974 Act which are not relevant to the Order.
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(f) execute and maintain any works required for or incidental to any works referred to in sub-
paragraphs (a), (b), (c), (d) and (e).
(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3)
(streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the
1991 Act.
(3) In this article “apparatus” has the same meaning as in Part 3 (street works in England and
Wales) of the 1991 Act(36).
Application of the 1991 Act
9.—(1) The provisions of the 1991 Act mentioned in paragraph (2) that apply in relation to the
carrying out of street works under that Act and any regulations made or code of practice issued or
approved under those provisions apply (with all necessary modifications) in relation to—
(a) the carrying out of works under article 8 (street works); and
(b) the temporary closure, temporary alteration or temporary diversion of a street by the
undertaker under article 11 (temporary closure of streets),
(c) whether or not the carrying out of the works or the closure, alteration or diversion
constitutes street works within the meaning of that Act.
(2) The provisions of the 1991 Act(37) are—
(a) subject to paragraph (3), section 55 (notice of starting date of works);
(b) section 57 (notice of emergency works);
(c) section 60 (general duty of undertakers to co-operate);
(d) section 68 (facilities to be afforded to street authority);
(e) section 69 (works likely to affect other apparatus in the street);
(f) section 76 (liability for cost of temporary traffic regulation);
(g) section 77 (liability for cost of use of alternative route); and
(h) all provisions of that Act that apply for the purposes of the provisions referred to in sub-
paragraphs (a) to (g).
(3) Section 55 of the 1991 Act as applied by paragraph (2) has effect as if references in section 57
of that Act to emergency works included a reference to a closure, alteration or diversion (as the case
may be) required in a case of emergency.
Temporary closure of public rights of way
10.—(1) The undertaker may, in connection with the carrying out of the authorised project,
temporarily close each of the public rights of way specified in column (2) of Schedule 3 (public rights
of way to be temporarily closed) to the extent specified in column (3) of Schedule 3, by reference
to the public rights of way plan.
(2) Without limiting paragraph (1), the undertaker may use any public right of way temporarily
closed under the powers conferred by this article within the Order limits as a temporary working site.
(3) The undertaker must provide reasonable access for pedestrians going to or from premises
abutting a public right of way affected by the temporary closure of a public right of way under this
article if there would otherwise be no such access.
(36) “apparatus” is defined in section 89(3) and section 105(1).
(37) Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c. 18).
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(4) The public rights of way specified in Schedule 3 (public rights of way to be temporarily closed)
must not be temporarily closed under this article unless the alternative public right of way described
in column (4) of Schedule 3 or as otherwise approved by the relevant local highway authority is
first provided by the undertaker to the standard defined in the public access management plan to the
reasonable satisfaction of the relevant local highway authority.
(5) If the highway authority fails to notify the undertaker of its decision within 28 days of
receiving an application for agreement under paragraph (4) that highway authority is deemed to have
granted consent.
(6) The relevant diversion route provided under paragraph (4) must be subsequently maintained
by the undertaker until the re-opening of the relevant public right of way specified in paragraph (1).
(7) Any person who suffers loss by the suspension of any private right of way under this article
is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
Temporary closure of streets
11.—(1) The undertaker, during and for the purposes of carrying out the authorised project, may
temporarily close, alter or divert any street, other than a public right of way specified in Schedule 3
(public rights of way to be temporarily closed), and may for any reasonable time—
(a) divert the traffic or a class of traffic from the street; and
(b) subject to paragraph (3), prevent all persons from passing along the street.
(2) Without limiting paragraph (1), the undertaker may use any street temporarily closed under
the powers conferred by this article within the Order limits as a temporary working site.
(3) The undertaker must provide reasonable access for pedestrians going to or from premises
abutting a street affected by the temporary closure, alteration or diversion of a street under this article
if there would otherwise be no such access.
(4) Without limiting paragraph (1), the undertaker may temporarily close, alter or divert the streets
specified in column (2) of Schedule 4 (streets to be temporarily closed) to the extent specified, by
reference to the letters and numbers shown on the streets plan, in column (3) of that Schedule.
(5) The undertaker must not temporarily close, alter, divert or use as a temporary working site—
(a) any street referred to in paragraph (4) without first consulting the street authority; and
(b) any other street without the consent of the street authority, which may attach reasonable
conditions to the consent.
(6) Any person who suffers loss by the suspension of any private right of way under this article
is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of
questions of disputed compensation) of the 1961 Act.
(7) If a street authority fails to notify the undertaker of its decision within 28 days of receiving
an application for consent under paragraph (5)(b) or refuses consent without giving reasons for that
refusal, that street authority is deemed to have granted consent.
Access to works
12.—(1) The undertaker may, for the purposes of the authorised project—
(a) form and lay out means of access, or improve existing means of access, in the locations
specified in columns (1) and (2) of Schedule 5 (access to works); and
(b) with the approval of the relevant planning authority after consultation with the relevant
highway authority in accordance with Requirement 23 (highway accesses), form and lay
out such other means of access or improve existing means of access, at such locations
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within the Order limits as the undertaker reasonably requires for the purposes of the
authorised project.
(2) If the relevant highway authority fails to notify the undertaker of its decision within 28 days
of receiving an application for approval under sub-paragraph (1)(b) that relevant highway authority
is deemed to have granted approval.
Agreements with street authorities
13.—(1) A street authority and the undertaker may enter into agreements with respect to—
(a) any temporary closure, alteration or diversion of a street authorised by this Order; or
(b) the carrying out in the street of any of the works referred to in article 8(1) (street works).
(2) Such an agreement may, without prejudice to the generality of sub-paragraph (1)—
(a) make provision for the street authority to carry out any function under this Order which
relates to the street in question;
(b) include an agreement between the undertaker and street authority specifying a reasonable
time for the completion of the works; and
(c) contain such terms as to payment and otherwise as the parties consider appropriate.
Power to alter layout etc. of streets
14.—(1) Subject to paragraphs (2) and (3), the undertaker may, in so far as may be expedient
or necessary for the purposes of or in connection with constructing, operating and maintaining the
authorised project, alter the layout of any street and, without limitation on the scope of this paragraph,
the undertaker may—
(a) alter the level or increase the width of the street including any carriageway, kerb, footway,
cycle track or verge;
(b) make and maintain passing place(s); and
(c) alter, remove, replace and relocate any street furniture, including bollards, lighting
columns, road signs.
(2) The undertaker must restore any street that has been temporarily altered under this article to
the reasonable satisfaction of the street authority.
(3) The powers conferred by paragraph (1) must not be exercised without the consent of the street
authority, such consent not to be unreasonably withheld.
(4) Paragraphs (2) and (3) do not apply where the undertaker is the street authority for a street
in which the works are being carried out.
(5) If the street authority fails to notify the undertaker of its decision within 28 days of receiving an
application for consent under paragraph (3), the street authority is deemed to have granted consent.
Traffic Regulation
15.—(1) Subject to the provisions of this article, and the consent of the traffic authority in
whose area the road concerned is situated, the undertaker may at any time, for the purposes of the
construction of the authorised project—
(a) prohibit vehicular access, waiting of vehicles and parking and regulate vehicular speed by
imposing speed restrictions on vehicles in the manner specified in Part 1 of Schedule 6
(traffic regulation) on those roads specified in column (1) and along the lengths and
between the points specified in column (2) in the manner specified in column (3) of that
Part of that Schedule; and
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(b) regulate vehicular speed by imposing speed restrictions on vehicles in the manner specified
in Part 2 of Schedule 6 (traffic regulation) on those roads specified in column (1) and
along the lengths and between the points specified in column (2) in the manner specified
in column (3) of that Part of that Schedule.
(2) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the
provisions of this article and the consent of the traffic authority in whose area the road concerned is
situated, the undertaker may at any time, in so far as may be expedient or necessary for the purposes
of or in connection with construction of the authorised project—
(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made,
under the 1984 Act;
(b) permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles
on any road;
(c) make provision as to the maximum speed, direction or priority of vehicular traffic on any
road; and
(d) place or maintain traffic signs,
either at all times or at times, on days or during such periods as may be specified by the undertaker.
(3) The undertaker must not exercise the powers in paragraphs (1) and (2) unless it has—
(a) given not less than 28 days’ notice in writing of its intention so to do to the chief officer
of police and to the traffic authority in whose area the road is situated; and
(b) advertised its intention in such manner as the traffic authority may specify in writing
within 7 days of its receipt of notice of the undertaker’s intention as provided for in sub-
paragraph (a).
(4) Any prohibition, restriction or other provision made by the undertaker under paragraph (1)
or (2)—
(a) has effect as if duly made by the traffic authority in whose area the road is situated as
a traffic regulation order under the 1984 Act and the instrument by which it is effected
may specify savings and exemptions (in addition to those mentioned in Schedule 6 (traffic
regulation) to which the prohibition, restriction or other provision is subject); and
(b) is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management
Act 2004(38) (road traffic contraventions subject to civil enforcement).
(5) Any prohibition, restriction or other provision made under this article may be suspended,
varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred
by paragraphs (1) and (2) at any time prior to the part of the authorised project to which it relates
being brought into operational use.
(6) Before complying with the provisions of paragraph (3) the undertaker must consult the chief
officer of police and the traffic authority in whose area the road is situated.
(7) Expressions used in this article and in the 1984 Act have the same meaning in this article
as in that Act.
(8) If the traffic authority fails to notify the undertaker of its decision within 56 days of receiving
an application for consent under paragraphs (1) and (2) the traffic authority is deemed to have granted
consent.
(38) 2004 c. 18.
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PART 4
Supplemental powers
Discharge of water
16.—(1) Subject to paragraphs (3) and (4) below, the undertaker may use any watercourse or any
public sewer or drain for the drainage of water in connection with the carrying out or maintenance of
the authorised project and for that purpose may inspect, lay down, take up and alter pipes and may,
on any land within the Order limits, make openings into, and connections with, the watercourse,
public sewer or drain.
(2) Any dispute arising from the making of connections to or the use of a public sewer or drain
by the undertaker pursuant to paragraph (1) is determined as if it were a dispute under section 106
of the Water Industry Act 1991(39) (right to communicate with public sewers).
(3) The undertaker must not discharge any water into any watercourse, public sewer or drain
except with the consent of the person to whom it belongs; and such consent may be given subject
to such terms and conditions as that person may reasonably impose, but must not be unreasonably
withheld.
(4) The undertaker must not carry out any works to any public sewer or drain pursuant to
paragraph (1) except—
(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but
such approval must not be unreasonably withheld; and
(b) where that person has been given the opportunity to supervise the making of the opening.
(5) The undertaker must not, in carrying out or maintaining works pursuant to this article damage
or interfere with the bed or banks of any watercourse forming part of a main river as defined under
section 113(1) of the Water Resources Act 1991(40).
(6) The undertaker must take such steps as are reasonably practicable to secure that any water
discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be
practicable from gravel, soil or other solid substance, oil or matter in suspension.
(7) This article does not authorise any water discharge or groundwater activity for which an
environmental permit is required by regulation 12 (requirement for an environmental permit) of the
2016 Regulations.
(8) In this article—
(a) “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker,
the Environment Agency, an internal drainage board or a local authority or one which such
body has permissive rights over; and
(b) other expressions, excluding watercourse, used both in this article and in the
Environmental Permitting (England and Wales) Regulations 2016 have the same meaning
as in those Regulations.
(9) If a person who receives an application for consent or approval fails to notify the undertaker
of a decision within 28 days of receiving an application for consent under paragraph (3) or approval
under paragraph (4)(a) that person is deemed to have granted consent or given approval, as the case
may be.
(39) 1991 c. 56. Section 106 was amended by sections 43(2) and 35(8)(a) of, and paragraph 1 to Schedule 2 to the Competition
and Service (Utilities) Act 1992 (c. 43) and sections 99(2), (4), (5)(a), (5)(b), (5)(c) and 36(2) and 99 of the Water Act 2003
(c. 37) and section 32 of, and paragraph 16(1) of Schedule 3 to, the Flood and Water Management Act 2010 (c. 29).
(40) 1991 c. 57.
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Authority to survey and investigate the land onshore
17.—(1) The undertaker may for the purposes of this Order enter on any land shown within the
Order limits or any land which may be affected by the authorised project and—
(a) survey or investigate the land;
(b) without prejudice to the generality of sub-paragraph (a), make trial holes or bore holes
in such positions on the land as the undertaker thinks fit to investigate the nature of the
surface layer, subsoil and groundwater and remove soil and groundwater samples;
(c) without prejudice to the generality of sub-paragraph (a), carry out ecological or
archaeological investigations on such land, including the digging of trenches; and
(d) place on, leave on and remove from the land apparatus and welfare facilities for use
in connection with the survey and investigation of land, environmental monitoring and
making of trial holes, bore holes or trenches.
(2) No land may be entered or equipment placed or left on or removed from the land under
paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.
(3) Any person entering land under this article on behalf of the undertaker—
(a) must, if so required on entering the land, produce written evidence of their authority to
do so; and
(b) may take with them such vehicles and equipment as are necessary to carry out the survey
or investigation or to make the trial holes, bore holes or trenches.
(4) No trial holes, bore holes or trenches may be made under this article—
(a) in land forming a railway without the consent of Network Rail;
(b) in land held by or in right of the Crown without the consent of the Crown;
(c) in land located within the highway boundary without the consent of the highway authority;
or
(d) in a private street without the consent of the street authority,
but such consent must not be unreasonably withheld or delayed.
(5) Following completion of any activities being undertaken pursuant to this article the undertaker
must remove all equipment, apparatus and welfare facilities placed on the land in connection with
such activities as soon as practicable, and the land must be restored to its original condition.
(6) The undertaker must compensate the owners and occupiers of the land for any loss or damage
arising by reason of the exercise of the authority conferred by this article, such compensation to be
determined, in case of dispute, under Part 1 (determination of questions of disputed compensation)
of the 1961 Act.
(7) If either a highway authority or a street authority which receives an application for consent
fails to notify the undertaker of its decision within 28 days of receiving the application for consent—
(a) under sub-paragraph (4)(c) in the case of a highway authority; or
(b) under sub-paragraph (4)(d) in the case of a street authority;
that authority is deemed to have granted consent.
(8) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the
entry onto, or possession of land under this article to the same extent as it applies to the compulsory
acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition
provisions) of the 2008 Act.
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PART 5
Powers of Acquisition
Compulsory acquisition of land
18.—(1) The undertaker may acquire compulsorily so much of the Order land as is required for
the authorised project or to facilitate, or is incidental to, it.
(2) This article is subject to article 19 (time limit for exercise of authority to acquire land
compulsorily), paragraph (2) of article 20 (compulsory acquisition of rights), article 24 (acquisition
of subsoil or airspace only), article 26 (temporary use of land for carrying out the authorised project)
and article 43 (crown rights).
Time limit for exercise of authority to acquire land compulsorily
19.—(1) After the end of the period of five years beginning on the day on which this Order is
made—
(a) no notice to treat is to be served under Part 1 of the 1965 Act (Compulsory Purchase under
Acquisition of Land Act 1946); and
(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981
Act(41) as applied by article 22 (application of the Compulsory Purchase (Vesting
Declarations) 1981 Act),
in relation to any part of the Order land.
(2) The authority conferred by article 26 (temporary use of land for carrying out the authorised
project) ceases at the end of the period referred to in paragraph (1), except that nothing in this
paragraph prevents the undertaker remaining in possession of land after the end of that period, if the
land was entered and possession was taken before the end of that period.
Compulsory acquisition of rights
20.—(1) Subject to paragraph (2) and (3), the undertaker may acquire compulsorily such rights
over, or impose such restrictive covenants affecting the Order land as may be required for any
purpose for which that land may be acquired under article 18 (compulsory acquisition of land), by
creating them as well as by acquiring rights already in existence.
(2) Subject to the provisions of this article, article 21 (private rights) and article 28 (statutory
undertakers), in the case of the Order land specified in column (1) of Schedule 7 (land in which only
new rights etc. may be acquired), the undertaker’s powers of compulsory acquisition are limited to
the acquisition of existing rights over land and the creation and acquisition of such new rights and
the imposition of restrictive covenants for the purpose specified in relation to that land in column
(2) of that Schedule.
(3) Subject to section 8 (other provisions as to divided land) and Schedule 2A (counter-notice
requiring purchase of land not in notice to treat) to the 1965 Act(42), as substituted by paragraph 9
of Schedule 8 (modification of compensation and compulsory purchase enactments for creation of
new rights and imposition of new restrictions), where the undertaker creates a right or acquires an
existing right over land or imposes a restrictive covenant under paragraph (1), the undertaker is not
required to acquire a greater interest in that land.
(41) Section 4 was amended by sections 184 and 185 of, and paragraph 2 of Schedule 18 to, the Housing and Planning Act 2016
(c. 22).
(42) Section 8 was amended by paragraph 2 of Schedule 17 to the Housing and Planning Act 2016 (c. 22) and paragraph 62 of
Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307).
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(4) Schedule 8 (modification of compensation and compulsory purchase enactments for creation
of new rights and imposition of new restrictions) has effect for the purpose of modifying the
enactments relating to compensation and the provisions of the 1965 Act in their application in
relation to the compulsory acquisition under this article of a right over land by the creation of a new
right or the imposition of restrictive covenants.
(5) In any case where the acquisition of existing rights or new rights or the imposition of
restrictive covenants under paragraph (1) is required for the purpose of diverting, replacing or
protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary
of State, transfer the power to acquire such rights or impose such restrictive covenants to the statutory
undertaker in question.
(6) The exercise by a statutory undertaker of any power in accordance with a transfer under
paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this
Order if that power were exercised by the undertaker.
(7) Subject to the modifications set out in Schedule 8 the enactments for the time being in
force with respect to compensation for the compulsory purchase of land are to apply in the case of
a compulsory acquisition under this Order in respect of a right by the creation of a new right or
imposition of a restriction as they apply to the compulsory purchase of land and interests in land.
(8) So much of the special category land as is required for the purposes of exercising the powers
acquired by the undertaker pursuant to this article is discharged from all rights, trusts and incidents to
which it was previously subject, so far as their continuance would be inconsistent with the exercise
of those rights.
Private rights
21.—(1) Subject to the provisions of this article, all private rights and restrictive covenants over
land subject to compulsory acquisition under article 18 (compulsory acquisition of land) cease to
have effect in so far as their continuance would be inconsistent with the exercise of the powers under
article 18—
(a) as from the date of acquisition of the land by the undertaker, whether compulsorily or by
agreement; or
(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act(43)
(powers of entry),
whichever is the earliest.
(2) Subject to the provisions of this article, all private rights or restrictive covenants over land
subject to the compulsory acquisition of rights or the imposition of restrictive covenants under
article 20 (compulsory acquisition of rights) cease to have effect in so far as their continuance would
be inconsistent with the exercise of the right or compliance with the restrictive covenant—
(a) as from the date of the acquisition of the right or the imposition of the restrictive covenant
by the undertaker (whether the right is acquired compulsorily, by agreement or through
the grant of lease of the land by agreement); or
(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act
(power of entry) in pursuance of the right,
whichever is the earliest.
(3) Subject to the provisions of this article, all private rights or restrictive covenants over land of
which the undertaker takes temporary possession under this Order are suspended and unenforceable,
(43) Section 11(1) was amended by sections 186 to 188 of the Housing and Planning Act 2016 (c. 22), paragraph 14 of Schedule 4 to
the Acquisition of Land Act 1981 (c. 67) and paragraph 12 of Schedule 5 to the Church of England (Miscellaneous Provision)
Measure 2006 (No. 1).
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in so far as their continuance would be inconsistent with the purpose for which temporary possession
is taken, for as long as the undertaker remains in lawful possession of the land.
(4) Any person who suffers loss by the extinguishment or suspension of any private right or
restrictive covenant under this article is entitled to compensation in accordance with the terms
of section 152 (compensation in case where no right claim in nuisance) of the 2008 Act to be
determined, in case of dispute, under Part 1 (determination of questions of disputed compensation)
of the 1961 Act.
(5) This article does not apply in relation to any right to which section 138 of the 2008 Act(44)
(extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 28
(statutory undertakers) applies.
(6) Paragraphs (1) to (3) have effect subject to—
(a) any notice given by the undertaker before—
(i)the completion of the acquisition of the land or the acquisition of rights or the
imposition of restrictive covenants over or affecting the land;
(ii)the undertaker’s appropriation of the land,
(iii)the undertaker’s entry onto the land, or
(iv)the undertaker’s taking temporary possession of the land,
that any or all of those paragraphs do not apply to any right specified in the notice; or
(b) any agreement made at any time between the undertaker and the person in or to whom the
right or restrictive covenant in question is vested or belongs.
(7) If an agreement referred to in paragraph (6)(b)—
(a) is made with a person in or to whom the right or restrictive covenant is vested or belongs;
and
(b) is expressed to have effect also for the benefit of those deriving title from or under that
person, the agreement is effective in respect of the persons so deriving title, whether the
title was derived before or after the making of the agreement.
(8) Reference in this article to private rights over land includes reference to any trusts or incidents
to which the land is subject.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
22.—(1) The 1981 Act applies as if this Order were a compulsory purchase order.
(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.
(3) In section 1 (application of act), for subsection (2), substitute—
“(2) This section applies to any Minister, any local or other public authority or any other
body or person authorised to acquire land by means of a compulsory purchase order.”.
(4) Section 5 (earliest date for execution of declaration) is omitted.
(5) Section 5A (time limit for general vesting declaration) is omitted.
(6) In section 5B (extension of time limit during challenge)(45)—
(44) Section 138 was amended by section 23 of the Growth and Infrastructure Act 2013 (c. 27) and paragraph 12 of Schedule 1
to the Communications Act 2003 and the Digital Economy Act 2019 (Consequential Amendments to Primary Legislation)
Regulations 2017 (S.I. 2017/1285).
(45) Section 5B was inserted by section 202 of the Housing and Planning Act 2016 (c. 22) and amended by section 185 of the
Levelling-up and Regeneration Act 2023 (c. 55).
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(a) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect
of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal
challenges relating to applications for orders granting development consent)”; and
(b) for “the applicable period for the purposes of section 5A” substitute “the five year period
mentioned in article 19 (time limit for exercise of authority to acquire land compulsorily)
of the Outer Dowsing Offshore Wind Farm Order 2026”.
(7) In section 6 (notices after execution of declaration)(46), in subsection (1)(b) for “section 15
of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice
of authorisation of compulsory acquisition) of the Planning Act 2008”.
(8) In section 7 (constructive notice to treat), in subsection (1)(a), omit the words “(as modified
by section 4 of the Acquisition of Land Act 1981)”.
(9) In Schedule A1 (counter-notice requiring purchase of land not in general vesting
declaration)(47), for paragraph 1(2) substitute—
“(2) But see article 24(1) (acquisition of subsoil or airspace only) of the Outer Dowsing
Offshore Wind Farm Order 2026, which excludes the acquisition of subsoil or airspace from
this Schedule.”.
(10) References to the 1965 Act in the 1981 Act must be construed as references to the 1965
Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act
(and as modified by article 23 (modification of Part 1 of the Compulsory Purchase Act 1965)) to the
compulsory acquisition of land under this Order.
Modification of Part 1 of the Compulsory Purchase Act 1965
23.—(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act,
as applied to this Order by section 125 (application of compulsory acquisition provisions) of the
2008 Act, is modified as follows.
(2) In section 4A(1) (extension of time limit during challenge)(48)—
(a) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect
of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal
challenges relating to applications for orders granting development consent)”; and
(b) for “the applicable period for the purposes of section 4” substitute “the five year period
mentioned in article 19 (time limit for exercise of authority to acquire land compulsorily)
of the Outer Dowsing Offshore Wind Farm Order 2026”.
(3) In section 11A (powers of entry: further notice of entry)—
(a) in subsection (1)(a), after “land” insert “under that provision”; and
(b) in subsection (2), after “land” insert “under that provision”.
(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article
19 (time limit for exercise of authority to acquire land compulsorily) of the Outer Dowsing Offshore
Wind Farm Order 2026”.
(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)(49)—
(a) for paragraphs 1(2) and 14(2) substitute—
(46) Section 6 was amended by paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 (c. 22) and section 4 of, and
paragraph 52 to Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11).
(47) Schedule A1 was inserted by section 216 and paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).
(48) Section 4A was inserted by section 202 of the Housing and Planning Act 2016 (c. 22) and was amended by section 185 of
the Levelling-up and Regeneration Act 2023 (c. 55).
(49) Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016 (c. 22).
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“(2) But see article 24(3) (acquisition of subsoil or airspace only) of the Outer Dowsing
Offshore Wind Farm Order 2026, which excludes the acquisition of subsoil or airspace
from this Schedule”; and
(b) at the end insert—
“PART 4
INTERPRETATION
30. In this Schedule, references to entering on and taking possession of land do not
include doing so under article 26 (temporary use of land for carrying out the authorised
project) or article 27 (temporary use of land for maintaining the authorised project) of the
Outer Dowsing Offshore Wind Farm Order 2026.”.
Acquisition of subsoil or airspace only
24.—(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of,
or the airspace over, the land referred to in article 18 (compulsory acquisition of land) or article 20
(compulsory acquisition of rights) as may be required for any purpose for which that land may be
acquired under that provision instead of acquiring the whole of the land.
(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over, land
under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.
(3) The following do not apply in connection with the exercise of the power under paragraph (1)
in relation to subsoil or airspace only—
(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the
1965 Act as modified by article 20 (compulsory acquisition of rights) and Schedule 8
(modification of compensation and compulsory purchase enactments for creation of new
rights and imposition of new restrictions);
(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration)
to the 1981 Act; and
(c) Section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act(50).
(4) Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch or other
construction forming part of a house, building or manufactory or airspace above a house, building
or factory.
Rights under or over streets
25.—(1) The undertaker may enter on and appropriate so much of the subsoil of or airspace over
any street within the Order limits as may be required for the purposes of the authorised project and
may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised
project.
(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1)
in relation to a street without being required to acquire any part of the street or any easement or
right in the street.
(3) Paragraph (2) does not apply in relation to—
(a) any subway or underground building; or
(50) Section 153(4A) was inserted by section 200 of the Housing and Planning Act 2016 (c. 22).
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(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a
building fronting onto the street.
(4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under
paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who
suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1
(determination of questions of disputed compensation) of the 1961 Act.
(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom
section 85 of the 1991 Act (sharing of cost of necessary measures) applies in respect of measures of
which the allowable costs are to be borne in accordance with that section.
Temporary use of land for carrying out the authorised project
26.—(1) The undertaker may, in connection with the carrying out of the authorised project—
(a) enter on and take temporary possession of—
(i)the land specified in column (2) of Schedule 9 (land of which temporary possession
may be taken) for the purpose specified in relation to that land in column (3) of that
Schedule; and
(ii)any other Order land in respect of which no notice of entry has been served
under section 11 (powers of entry) of the 1965 Act (other than in connection with
the acquisition of rights only) and no declaration has been made under section 4
(execution of declaration) of the 1981 Act;
(b) remove any buildings, agricultural plant and apparatus, drainage, fences, debris and
vegetation from that land;
(c) construct temporary works (including the provision of means of access), haul roads,
security fencing, bridges, structures and buildings on that land;
(d) use the land for the purposes of a working site with access to the working site in connection
with the authorised project;
(e) construct any works, or use the land, as specified in relation to that land in column 3 of
Schedule 9 (land of which temporary possession may be taken), or any mitigation works
or operations;
(f) construct such works on that land as are mentioned in Part 1 of Schedule 1 (authorised
development); and
(g) carry out mitigation works required pursuant to the requirements in Schedule 1 or any
other mitigation works on that land.
(2) Not less than 28 days before entering on and taking temporary possession of or using land
under this article the undertaker must serve notice of the intended entry on the owners and occupiers
of the land.
(3) The undertaker must not remain in possession of any land under this article for longer than
reasonably necessary and in any event must not, without the agreement of the owners of the land,
remain in possession of any land under this article—
(a) in the case of land specified in paragraph 1(a)(i) after the end of the period of one year
beginning with the date of completion of the part of the authorised project specified in
relation to that land in column (4) of Schedule 9 (land of which temporary possession may
be taken); or
(b) in the case of land specified in paragraph 1(a)(ii) after the end of the period of one year
beginning with the date of completion of the part of the authorised project for which
temporary possession of the land was taken, unless the undertaker has, before the end of
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that period, served a notice of entry under section 11 of the 1965 Act or made a declaration
under section 4 of the 1981 Act in relation to that land.
(4) Before giving up possession of land of which temporary possession has been taken under
this article, the undertaker must remove all temporary works and restore the land to the reasonable
satisfaction of the owners of the land; but the undertaker is not required to—
(a) replace any building, structure, drain or electric line removed under this article;
(b) remove any drainage works installed by the undertaker under this article;
(c) remove any new road surface or other improvements carried out under this article to any
street specified in Schedule 2 (streets subject to street works); or
(d) restore the land on which any works have been carried out under paragraph (1)(e) or (1)(g)
insofar as the works relate to mitigation works identified in the environmental statement
or required pursuant to the requirements in Schedule 1.
(5) The undertaker must pay compensation to the owners and occupiers of land of which
temporary possession is taken under this article for any loss or damage arising from the exercise in
relation to the land of the provisions of any power conferred by this article.
(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to
the amount of the compensation, must be determined under Part 1 (determination of questions of
disputed compensation) of the 1961 Act.
(7) Nothing in this article affects any liability to pay compensation under section 152 of the 2008
Act (compensation in case where no right to claim in nuisance) or under any other enactment in
respect of loss or damage arising from the carrying out of the authorised project, other than loss or
damage for which compensation is payable under paragraph (5).
(8) The undertaker may not compulsorily acquire under this Order the land referred to in
paragraph (1)(a)(i) except that the undertaker is not precluded from—
(a) acquiring new rights or imposing restrictive covenants over any part of that land under
article 20 (compulsory acquisition of rights) to the extent that such land is listed in column
(1) of Schedule 7 (land in which only new rights etc. may be acquired); or
(b) acquiring any part of the subsoil (or rights in the subsoil) of that land under article 24
(acquisition of subsoil or airspace only).
(9) Where the undertaker takes possession of or uses land under this article, the undertaker is not
required to acquire the land or any interest in it.
(10) Section 13 of the 1965 Act(51) (refusal to give possession to acquiring authority) applies to
the temporary use of land pursuant to this article to the same extent as it applies to the compulsory
acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of
compulsory acquisition provisions).
(11) So much of the special category land as is required for the purposes of exercising the powers
pursuant to this article is temporarily discharged from all rights, trusts and incidents to which it
was previously subject, so far as their continuance would be inconsistent with the exercise of those
powers, and only for such time as any special category land is being used under this article.
Temporary use of land for maintaining authorised project
27.—(1) Subject to paragraph (2), at any time during the maintenance period relating to any part
of the authorised project, the undertaker may—
(51) Section 13 was amended by Tribunals Courts and Enforcement Act 2007 (c. 15).
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(a) enter on and take temporary possession of any land within the Order limits if such
possession is reasonably required for the purpose of maintaining the authorised project;
and
(b) construct such temporary works (including the provision of means of access) and buildings
on the land as may be reasonably necessary for that purpose.
(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—
(a) any house or garden belonging to a house; or
(b) any building (other than a house) if it is for the time being occupied.
(3) Not less than 28 days before entering on and taking temporary possession of land under this
article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
(4) The undertaker is not required to serve notice under paragraph (3) in the case of emergency
where the undertaker has identified a potential risk to the safety of any of—
(a) the authorised development or any of its parts;
(b) the public; or
(c) the surrounding environment,
and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving
such notice as it is reasonably practical in the circumstances.
(5) The undertaker may only remain in possession of land under this article for so long as may
be reasonably necessary to carry out the maintenance of the part of the authorised project for which
possession of the land was taken.
(6) Before giving up possession of land of which temporary possession has been taken under
this article, the undertaker must remove all temporary works and restore the land to the reasonable
satisfaction of the owners of the land.
(7) The undertaker must pay compensation to the owners and occupiers of land of which
temporary possession is taken under this article for any loss or damage arising from the exercise in
relation to the land of the provisions of this article.
(8) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the
amount of the compensation, must be determined under Part 1 of the 1961 Act.
(9) Nothing in this article affects any liability to pay compensation under section 152 of the 2008
Act (compensation in case where no right to claim in nuisance) or under any other enactment in
respect of loss or damage arising from the maintenance of the authorised project, other than loss or
damage for which compensation is payable under paragraph (6).
(10) Where the undertaker takes possession of land under this article, the undertaker is not
required to acquire the land or any interest in it.
(11) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to
the temporary use of land pursuant to this article to the same extent as it applies to the compulsory
acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of
compulsory acquisition provisions).
(12) In this article “the maintenance period”, in relation to any part of the authorised project,
means—
(a) the period of five years beginning with the date on which the authorised project first
exports electricity to the national electricity transmission network; and
(b) any period falling between the date at which temporary possession is no longer permitted
under article 26(3) and the date on which the authorised project first exports electricity to
the national electricity transmission network.
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(13) So much of the special category land as is required for the purposes of exercising the powers
pursuant to this article is temporarily discharged from all rights, trusts and incidents to which it
was previously subject, so far as their continuance would be inconsistent with the exercise of those
powers, and only for such time as any special category land is being used under this article.
Statutory undertakers
28. Subject to the provisions of Schedule 18 (protective provisions) the undertaker may—
(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land
belonging to statutory undertakers shown on the land plans (onshore) within the Order
land and described in the book of reference; and
(b) extinguish the rights of, restrict for the benefit of, remove, relocate the rights of or
reposition the apparatus belonging to statutory undertakers over or within the Order land.
Recovery of costs of new connections
29.—(1) Where any apparatus of a public utility undertaker or of a public communications
provider is removed under article 28 (statutory undertakers) any person who is the owner or occupier
of premises to which a supply was given from that apparatus is entitled to recover from the undertaker
compensation in respect of expenditure reasonably incurred by that person, in consequence of the
removal, for the purpose of effecting a connection between the premises and any other apparatus
from which a supply is given.
(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a
sewer is removed under article 28, any person who is—
(a) the owner or occupier of premises the drains of which communicated with that sewer; or
(b) the owner of a private sewer which communicated with that sewer,
is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred
by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging
to that person communicate with any other public sewer or with a private sewerage disposal plant.
(3) This article does not have effect in relation to apparatus to which Part 3 (street works in
England and Wales) of the 1991 Act applies.
(4) In this paragraph—
“public communications provider” has the same meaning as in section 151(1) of the 2003 Act;
and
“public utility undertaker” means a gas, water, electricity or sewerage undertaker.
PART 6
Operations
Operation of generating station
30.—(1) The undertaker is hereby authorised to operate the generating station comprised in the
authorised project.
(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence
under any other legislation that may be required from time to time to authorise the operation of an
electricity generating station.
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Deemed marine licences under the 2009 Act
31. The marine licences set out in Schedule 10 (deemed marine licence under the 2009 Act –
generation assets), Schedule 11 (deemed marine licence under the 2009 Act – offshore transmission
assets), Schedule 12 (deemed marine licence under the 2009 Act – northern artificial nesting structure
1), Schedule 13 (deemed marine licence under the 2009 Act – northern artificial nesting structure
2), Schedule 14 (deemed marine licence under the 2009 Act – southern artificial nesting structure 1)
and Schedule 15 (deemed marine licence under the 2009 Act – southern artificial nesting structure
2) are deemed to have been granted to the undertaker under Part 4 (marine licensing) of the 2009
Act for the licensed marine activities set out in Part 1, and subject to the conditions set out in Part
2, of each of those Schedules.
PART 7
Miscellaneous and general
Application of landlord and tenant law
32.—(1) This article applies to—
(a) any agreement for leasing to any person the whole or any part of the authorised project
or the right to operate the same; and
(b) any agreement entered into by the undertaker with any person for the construction,
maintenance, use or operation of the authorised project, or any part of it,
so far as any such agreement relates to the terms on which any land which is the subject of a lease
granted by or under that agreement is to be provided for that person’s use.
(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants
prejudices the operation of any agreement to which this article applies.
(3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations
of the parties to any lease granted by or under any such agreement so as to—
(a) exclude or in any respect modify any of the rights and obligations of those parties under
the terms of the lease, whether with respect to the termination of the tenancy or any other
matter;
(b) confer or impose on any such party any right or obligation arising out of or connected
with anything done or omitted on or in relation to land which is the subject of the lease,
in addition to any such right or obligation provided for by the terms of the lease; or
(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the
lease of any obligation of any other party under the lease.
Amendment of local legislation
33.—(1) The following local enactments and local byelaws, and any byelaws or other provisions
made under any of those enactments or byelaws, are hereby excluded and do not apply insofar
as inconsistent with a provision, of or a power conferred by paragraphs 1 to 5 and 7 of Part 6 of
Schedule 18 of this Order—
(a) Public Act, 2 George III(52);
(b) Public Act, 16 George III(53);
(52) c. 32.
(53) c. 23.
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(c) Boston Port and Harbour Act 1812(54);
(d) Act for improving the Port and Harbour of Boston 1827(55);
(e) An Act for amending the several Acts relating to the Port and Harbour of Boston in the
county of Lincoln 1842(56);
(f) River Welland Dues Act 1842(57);
(g) River Witham Outfall Improvement Act 1880(58);
(h) Boston Dock Act 1881(59);
(i) Boston Corporation Act 1935(60);
(j) Boston Harbour Revision Order 1989(61); and
(k) Boston Dock Byelaws 1947.
(2) The following local enactments and local byelaws, and any byelaws or other provisions
made under any of those enactments or byelaws, are hereby excluded and do not apply insofar as
inconsistent with a provision, of or a power conferred by this Order—
(a) Black Sluice Drainage Act 1765(62);
(b) Black Sluice Drainage Act 1770(63);
(c) Black Sluice Drainage Act 1846(64);
(d) Black Sluice Drainage Act 1849(65);
(e) Black Sluice Drainage Act 1880(66);
(f) Land Drainage (Black Sluice) Provisional Order Confirmation Act 1925(67); and
(g) Black Sluice Internal Drainage Board Complete Land Drainage Byelaws 1988.
(3) For the purpose of paragraphs (1) and (2) a provision is inconsistent with a provision or the
exercise of a power conferred by this Order if and insofar as (in particular)—
(a) it would make it an offence to take action, or not to take action, in pursuance of a power
conferred by this Order;
(b) action taken in pursuance of a power conferred by this Order would cause the provision
to apply so as to enable a person to require the taking of remedial or other action or so as
to enable remedial or other action to be taken; or
(c) action taken in pursuance of a power or duty under the provisions would or might interfere
with the exercise of any work authorised by this Order.
(4) Where any person notifies the undertaker in writing that anything done or proposed to be
done by the undertaker or by virtue of this Order would amount to a contravention of a statutory
provision of local application, the undertaker must as soon as reasonably practicable, and at any rate
within 14 days of receipt of the notice, respond in writing setting out—
(54) 1812 c. cv.
(55) 1827 c. lxxix.
(56) 1842 c. 60.
(57) 1842 c. lv.
(58) 1880 c. cliii.
(59) 1881 c. cxii.
(60) 1935 c. cvi.
(61) 1989 No. 2036.
(62) 1765 c. 86.
(63) 1770 c. 41.
(64) 1846 c. ccxcvii.
(65) 1849 c. lix.
(66) 1880 c. cli.
(67) 1925 c. lxxi.
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(a) whether the undertaker agrees that the action taken or proposed does or would contravene
the provision of local application;
(b) if the undertaker does agree, the grounds (if any) on which the undertaker believes that
the provision is excluded by this article; and
(c) the extent of that exclusion.
Operational land for purposes of the 1990 Act
34. Development consent granted by this Order is treated as specific planning permission for
the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as not being
operational land).
Felling or lopping of trees and removal of hedgerows
35.—(1) Subject to paragraph (2) and article 36 (trees subject to tree preservation orders), the
undertaker may fell or lop or cut back the roots of any tree or shrub within or overhanging land
within the Order limits if it reasonably believes it to be necessary to do so to prevent the tree or shrub
from obstructing or interfering with the onshore preparation works, or the construction, maintenance,
operation or decommissioning of the authorised project or any apparatus used in connection with
the authorised project.
(2) In carrying out any activity authorised by paragraph (1), the undertaker must do no
unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or
damage arising from such activity.
(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the
amount of compensation, must be determined under Part 1 (determination of questions of disputed
compensation) of the 1961 Act.
(4) The undertaker may, for the purposes of the authorised project—
(a) subject to paragraph (2) above, remove any hedgerows within the Order limits and
specified in Schedule 17, Part 1 (removal of hedgerows) that may be required for the
purposes of carrying out the authorised project; and
(b) remove the important hedgerows as are within the Order limits and specified in
Schedule 17, Part 2 (removal of important hedgerows).
(5) In this article “hedgerow” and “important hedgerow” have the same meaning as in the
Hedgerows Regulations 1997.
Trees subject to tree preservation orders
36.—(1) Subject to paragraph (2), the undertaker must not fell or lop or cut back the roots of any
tree which is the subject of a tree preservation order.
(2) The undertaker may fell or lop or cut back the roots of any tree within or overhanging land
within the Order limits that is subject to a tree preservation order made after 13 October 2023 or cut
back its roots if it reasonably believes it to be necessary in order to do so to prevent the tree—
(a) from obstructing or interfering with the onshore preparation works, or any apparatus used
in connection with the onshore preparation works;
(b) from obstructing or interfering with the construction, maintenance, operation or
decommissioning of the authorised project or any apparatus used in connection with the
authorised project; or
(c) from constituting an unacceptable source of danger (whether to children or to other
persons).
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(3) In carrying out any activity authorised by paragraph (1)—
(a) the undertaker must not cause unnecessary damage to any tree and must pay compensation
to any person for any loss or damage arising from such activity; and
(b) the duty contained in section 206(1) of the 1990 Act (replacement of trees) does not apply.
(4) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree
preservation order.
(5) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the
amount of compensation, will be determined under Part 1 (determination of questions of disputed
compensation) of the 1961 Act.
Protective provisions
37. Schedule 18 (protective provisions) has effect.
Arbitration
38.—(1) Subject to article 43 (saving provisions for Trinity House), any dispute or difference
under any provision of this Order, unless otherwise provided for, must be referred to and settled in
arbitration in accordance with the rules at Schedule 19 (arbitration rules) to this Order by a single
arbitrator to be agreed between the parties, within 14 days of receipt of the notice of arbitration, or if
the parties fail to agree within the time period stipulated, to be appointed on the application of either
party (after giving notice in writing to the other) by the Secretary of State.
(2) Any matter for which the consent or approval of the Secretary of State or the MMO is required
under any provision of this Order is not subject to arbitration.
Requirements, appeals, etc.
39.—(1) Where an application is made to, or a request is made of, Lincolnshire County Council
or any other relevant person for any agreement or approval required or contemplated by any of the
provisions of this Order, such agreement or approval must, if given, be given in writing and must
not be unreasonably withheld or delayed.
(2) Schedule 20 (procedure for discharge of requirements) has effect in relation to all
consents, agreements or approvals granted, refused or withheld in relation to Part 3 of Schedule 1
(requirements) to this Order.
Certification of plans etc.
40.—(1) The undertaker must, as soon as practicable after the making of this Order, submit to
the Secretary of State copies of the documents listed in Schedule 21 (documents to be certified) for
certification that they are true copies of the documents referred to in this Order.
(2) A plan or document so certified is admissible in any proceedings as evidence of the contents
of the document of which it is a copy.
(3) Where a plan or document certified under paragraph (1)—
(a) refers to a provision of this Order (including any specified requirement) when it was in
draft form; and
(b) identifies that provision by a number, or combination of numbers and letters, which
is different from the number, or combination of numbers and letters by which the
corresponding provision of this Order is identified in the Order as made,
the reference in the plan or document concerned must be construed for the purposes of this Order as
referring to the provision (if any) corresponding to that provision in the Order as made.
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Abatement of works abandoned or decayed
41. Where Work Nos. 1(a), 2, 3 or 7 or all of them or any part of those works is abandoned or
allowed to fall into decay the Secretary of State may, following consultation with the undertaker,
issue a written notice requiring the undertaker at its own expense to repair, make safe and restore
or remove Work Nos. 1(a), 2, 3 or 7 or any relevant part of those works, without prejudice to any
notice served under section 105(2) of the 2004 Act(68). The notice may also require the restoration
of the site of the relevant part(s) of Work Nos. 1(a), 2, 3 or 7 to a safe and proper condition within
an area and to such an extent as may be specified in the notice.
Saving provisions for Trinity House
42. Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of
Trinity House.
Crown rights
43.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority
or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any
lessee or licensee to take, use, enter on or in any manner interfere with any land or rights of any
description (including any portion of the shore or bed of the sea or any river, channel, creek, bay
or estuary)—
(a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate
without the consent in writing of the Crown Estate Commissioners;
(b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate
without the consent in writing of the government department having the management of
that land; or
(c) belonging to a government department or held in trust for His Majesty for the purposes of
a government department without the consent in writing of that government department.
(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory
acquisition of an interest in any Crown land (as defined in the 2008 Act(69)) which is for the time
being held otherwise than by or on behalf of the Crown.
(3) A consent under paragraph (1) may be given unconditionally or subject to terms and
conditions; and is deemed to have been given in writing where it is sent electronically.
Funding
44.—(1) The undertaker must not exercise the powers conferred by the provisions referred to in
paragraph (2) in relation to any land unless it has first put in place either—
(a) a guarantee in respect of the liabilities of the undertaker to pay compensation under this
Order in respect of the exercise of the relevant power in relation to that land; or
(b) an alternative form of security for that purpose,
that has been approved by the Secretary of State.
(2) The provisions are—
(a) article 18 (compulsory acquisition of land);
(b) article 20 (compulsory acquisition of rights);
(c) article 21 (private rights);
(68) Section 105(2) was substituted by section 69(3) of the Energy Act 2008 (c. 32).
(69) “Crown land” is defined in section 227 of the 2008 Act.
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(d) article 24 (acquisition of subsoil or airspace only);
(e) article 25 (rights under or over streets);
(f) article 26 (temporary use of land for carrying out the authorised project);
(g) article 27 (temporary use of land for maintaining the authorised project); and
(h) article 28 (statutory undertakers).
(3) A guarantee or alternative form of security given in respect of any liability of the undertaker
to pay compensation under this Order is to be treated as enforceable against the guarantor or person
providing the alternative form of security by any person to whom such compensation is payable and
must be in such a form as to be capable of enforcement by such a person.
(4) Nothing in this article requires a guarantee or alternative form of security to be in place for
more than 15 years after the date on which the relevant power is exercised.
Compensation provisions
45. Schedule 22 (compensation provisions) has effect.
Service of notices
46.—(1) A notice or other document required or authorised to be served for the purposes of this
Order may be served—
(a) by post;
(b) by delivering it to the person on whom it is to be served or to whom it is to be given or
supplied; or
(c) with the consent of the recipient and subject to paragraphs (5) to (8) by electronic
transmission.
(2) Where the person on whom a notice or other document to be served for the purposes of this
Order is a body corporate, the notice or document is duly served if it is served on the secretary or
clerk of that body.
(3) For the purposes of section 7 (references to services by post) of the Interpretation Act 1978(70)
as it applies for the purposes of this article, the proper address of any person in relation to the service
on that person of a notice or document under paragraph (1) is, if that person has given an address
for service, that address, and otherwise—
(a) in the case of the secretary or clerk of a body corporate, the registered or principal office
of that body; and
(b) in any other case, the last known address of that person at the time of service.
(4) Where for the purposes of this Order a notice or other document is required or authorised to
be served on a person as having any interest in, or as the occupier of, land and the name or address
of that person cannot be ascertained after reasonable enquiry, the notice may be served by—
(a) addressing it to that person by name or by the description of “owner”, or as the case may
be “occupier”, of the land (describing it); and
(b) either leaving it in the hands of a person who is or appears to be resident or employed on
the land or leaving it conspicuously affixed to some building or object on or near the land.
(5) Where a notice or other document required to be served or sent for the purposes of this Order
is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—
(70) 1978 c. 30.
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(a) the recipient of the notice or other document to be transmitted has given consent to the use
of electronic transmission in writing or by electronic transmission;
(b) the notice or document is capable of being accessed by the recipient;
(c) the notice or document is legible in all material respects; and
(d) the notice or document is in a form sufficiently permanent to be used for subsequent
reference.
(6) Where the recipient of a notice or other document served or sent by electronic transmission
notifies the sender within seven days of receipt that the recipient requires a paper copy of all or part of
that notice or other document the sender must provide such a copy as soon as reasonably practicable.
(7) Any consent to the use of an electronic transmission given by a person may be revoked by
that person in accordance with paragraph (8).
(8) Where a person is no longer willing to accept the use of electronic transmission for any of
the purposes of this Order—
(a) that person must give notice in writing or by electronic transmission revoking any consent
given by that person for that purpose; and
(b) such revocation is final and takes effect on a date specified by the person in the notice but
that date must not be less than seven days after the date on which the notice is given.
(9) This article does not exclude the employment of any method of service not expressly provided
for by it.
(10) In this article “legible in all material respects” means that the information contained in the
notice or document is available to that person to no lesser extent than it would be if served, given or
supplied by means of a notice or document in printed form.
Transfer of functions of the relevant local planning authority
47.—(1) For the purposes of this Order only, the relevant local planning authority referred to in
Part 8 of the 2008 Act shall be Lincolnshire County Council in respect of the following articles—
(a) Article 8 (street works);
(b) Article 9 (application of the 1991 Act);
(c) Article 10 (temporary closure of public rights of way);
(d) Article 11 (temporary closure of streets);
(e) Article 12 (access to works);
(f) Article 13 (agreements with street authorities);
(g) Article 14 (power to alter layout etc. of streets); and
(h) Article 15 (traffic regulation).
(2) For the purposes of this Order only, the relevant local planning authority referred to in Part 8
of the 2008 Act shall be Lincolnshire County Council in respect of the following requirements—
(a) Requirement 8 (stages of authorised project onshore);
(b) Requirement 9 (detailed onshore design parameters);
(c) Requirement 10 (provision of landscaping);
(d) Requirement 11 (implementation and maintenance of landscaping);
(e) Requirement 12 (ecological management plan);
(f) Requirement 13 (fencing and other means of permanent enclosure);
(g) Requirement 14 (temporary fencing and other temporary means of enclosure);
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(h) Requirement 15 (operational drainage management and emergency flood response);
(i) Requirement 16 (operational drainage management and emergency flood response);
(j) Requirement 17 (onshore archaeology);
(k) Requirement 18 (code of construction practice);
(l) Requirement 19 (construction hours);
(m) Requirement 20 (highway accesses);
(n) Requirement 21 (traffic);
(o) Requirement 22 (public rights of way);
(p) Requirement 23 (restoration of land used temporarily for construction);
(q) Requirement 24 (onshore decommissioning);
(r) Requirement 25 (control of noise during operational phase);
(s) Requirement 26 (control of artificial light emissions during operational phase); and
(t) Requirement 30 (skills, supply chain and employment).
No double recovery
48. Compensation is not payable in respect of the same matter both under this Order and under
any other enactment, any contract or any rule of law, or under two or more different provisions of
this Order.
Signed by authority of the Secretary of State for Energy Security and Net Zero
David Wagstaff
Deputy Director for Energy Infrastructure
Planning
10th February 2026 Department for Energy Security and Net Zero
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SCHEDULE 1 Article 2
Authorised project
PART 1
Authorised development
1. A nationally significant infrastructure project as defined in sections 14 and 15 of the 2008
Act which is located in the North Sea approximately 54 kilometres from the Lincolnshire coast,
comprising—
Work No. 1—
(a) an offshore wind turbine generating station with a gross electrical output capacity of
over 100 megawatts comprising up to 100 wind turbine generators each fixed to the
seabed by either monopile, gravity base structure, pin pile jacket or suction bucket jacket
foundations fitted with rotating blades and situated within the area shown on the works
plans and further comprising (b) below; and
(b) a network of subsea array cables between the wind turbine generators and between the
wind turbine generators and the offshore transformer substations forming part of Work
No. 3 including one or more cable crossings;
and associated development within the meaning of section 115(2) (development for which
development consent may be granted) of the 2008 Act comprising—
Work No. 2— up to one offshore accommodation platform fixed to the seabed by either
monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.
Work No. 3—
(a) up to four small offshore transformer substations each fixed to the seabed by monopile,
gravity base structure, pin pile jacket or suction bucket jacket foundations; or
(b) up to two large offshore transformer substations each fixed to the seabed by monopile,
gravity base structure, pin pile jacket or suction bucket jacket foundations.
Work No. 4— a network of interlink cables between the offshore transformer substations
comprised within Work No. 3 and between the offshore transformer substations comprised
within Work No. 3 and the offshore accommodation platform comprised within Work No. 2,
for the transmission of electricity and electronic communications, including one or more cable
crossings.
Work No. 5— up to four cable circuits between Work No. 3 and Work No. 7, and between
Work No. 7 and Work No. 11 or between Work No. 3 and Work No. 11 consisting of offshore
export cables along routes within the Order limits seaward of MLWS including one or more
cable crossings.
Work No. 6— up to six temporary trenchless technique exit pits.
Work No. 7— up to two offshore reactive compensation platforms fixed to the seabed by
monopile, pin pile jacket or suction bucket jacket foundations.
Work No. 8— a temporary work area associated with Work Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10 and
11 for vessels to carry out anchoring and positioning, and for the wet storage of construction
materials.
Work No. 9— up to two offshore artificial nesting structures.
Work No. 10— not used.
Between MLWS and MHWS and in the County of Lincolnshire, District of East Lindsey
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Work No. 11— landfall connection works consisting of up to four underground cable circuits
and up to six associated cable ducts to Work No. 12.
In the County of Lincolnshire, District of East Lindsey, the Borough of Boston and the District
of South Holland
Work No. 12— up to four underground cable circuits and up to six associated cable ducts to
Work No. 13.
Work No. 13— works consisting of—
(a) up to six trenchless technique drilling launch pits;
(b) up to four underground cable circuits and up to six associated cable ducts to Work No. 14;
(c) up to four underground cable circuits and associated cable ducts from Work No. 14 to
Work No. 15;
(d) a landfall temporary works area;
(e) storage areas;
(f) drainage works;
(g) construction of a haul road; and
(h) vehicular access tracks, bellmouths and footpaths.
Work No. 14— up to six transition joint bays including ground preparation.
Work No. 15— works consisting of—
(a) up to four underground cable circuits and associated cable ducts to Work No. 16;
(b) up to 680 link boxes and/or earth pits;
(c) up to 680 joint bays;
(d) temporary trenchless technique compounds;
(e) storage areas;
(f) drainage works;
(g) construction of a haul road; and
(h) vehicular access tracks, bellmouths and footpaths.
Work No. 16— works consisting of—
(a) an onshore HVAC substation;
(b) up to four underground cable circuits and associated cable ducts between Work No. 15
and the onshore HVAC substation;
(c) up to two underground cable circuits and associated cable ducts between the onshore
HVAC substation and Work No. 17;
(d) construction of a haul road;
(e) vehicular access tracks, bellmouths and footpaths;
(f) temporary works areas to support the construction activities;
(g) storage areas; and
(h) ground preparation and ground-raising.
Work No. 17— connection works consisting of—
(a) up to two underground cable circuits and associated cable ducts between the onshore
HVAC substation forming part of Work No. 15 and a National Grid substation, including
a connection above ground;
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(b) electrical engineering works within or around the National Grid substation buildings and
compound;
(c) up to 20 link boxes and/or earth pits;
(d) up to 20 joint bays;
(e) temporary trenchless technique compounds;
(f) storage areas;
(g) drainage works;
(h) construction of a haul road; and
(i) vehicular access tracks, bellmouths and footpaths.
Work No. 18— temporary vehicular access tracks, bellmouths and associated footpaths.
Work No. 19— temporary works consisting of—
(a) temporary works areas to support the construction activities;
(b) temporary construction ramps;
(c) storage areas to assist with the onshore transmission works;
(d) drainage works; and
(e) vehicular access tracks, bellmouths and footpaths.
Work No. 20— permanent vehicular access tracks to serve Work Nos. 13 and 16, bellmouths,
drainage works and associated footpaths.
Work No. 21— alterations including widening of the highway, provision of passing bays,
culverting and drainage works.
Work No. 22— works comprising the reinforcement or replacement of the bridge.
Work No. 23— landscaping works including bunding and planting, drainage works, and
formation of footpaths and access.
Work No. 24— drainage works, formation of footpaths and access.
Work No. 25— drainage works, sustainable drainage system ponds, surface water management
systems, formation of footpaths and access.
In connection with such Work Nos. 1 to 11 and to the extent that they do not otherwise
form part of any such work, further associated development comprising such other works as
may be necessary or expedient for the purposes of or in connection with the relevant part
of the authorised development and which fall within the scope of the work assessed by the
environmental statement, including—
(a) scour protection around the foundations of the offshore structures;
(b) cable protection measures such as but not limited to the placement of rock, split pipe
system, and/or mattresses;
(c) cable crossings;
(d) dredging;
(e) the removal of material from the seabed required for the construction of Work Nos. 1 to
11 and the disposal of inert material of natural origin and dredged material within the
Order limits produced during construction drilling, seabed preparation for foundation
works, cable installation preparation works (such as sandwave clearance and boulder
clearance) and excavation of trenchless technique drilling pits; and
(f) removal of static fishing equipment,
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and in connection with such Work Nos. 11 to 25 and to the extent that they do not otherwise
form part of any such work, further associated development comprising such other works as
may be necessary or expedient for the purposes of or in connection with the relevant part
of the authorised development and which fall within the scope of the work assessed by the
environmental statement, including—
(a) haul roads, ramps, bridges, means of access and footpaths, creation and enhancement of
tracks and footpaths;
(b) bunds, embankments, swales, landscaping, ground preparation, vegetation clearance,
ground-raising, signage, fencing and boundary treatments;
(c) habitat creation and enhancement;
(d) spoil storage and associated control measures;
(e) joint bays, link boxes, earth pits, cable ducts, cable protection, joint protection, manholes,
marker posts, underground cable marker, tiles and tape, and lighting and other works
associated with duct installation, cable laying and pulling cables through cable ducts;
(f) works for the provision of apparatus, including cabling, water and electricity supply
works, foul drainage provision, surface water management systems, flumes and
culverting;
(g) works to alter the position of apparatus, including mains, sewers, drains and cables;
(h) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams
or watercourses;
(i) landscaping and related works;
(j) other works to mitigate any adverse effects of the construction, maintenance or operation
of the authorised project;
(k) works for the benefit or protection of land affected by the authorised project;
(l) working sites in connection with the construction of the authorised project, construction
lay down areas and compounds, storage compounds and their restoration;
(m) works of restoration; and
(n) fencing or other means of enclosure.
2. The grid coordinates for that part of the authorised project which is seaward of MHWS are
specified below and more particularly shown on the offshore order limits and grid coordinates plan—
Point Latitude Longitude
1 53° 08′ 52.043″ N 000° 54′ 34.557″ E
2 53° 11′ 4.707″ N 000° 50′ 25.862″ E
3 53° 11′ 34.315″ N 000° 51′ 21.795″ E
5 53° 09′ 58.581″ N 000° 34′ 54.557″ E
6 53° 10′ 23.017″ N 000° 33′ 37.116″ E
7 53° 08′ 44.097″ N 000° 32′ 22.615″ E
8 53° 08′ 46.490″ N 000° 31′ 6.276″ E
9 53° 11′ 18.105″ N 000° 33′ 14.671″ E
10 53° 10′ 37.912″ N 000° 35′ 44.425″ E
12 53° 12′ 23.449″ N 000° 35′ 5.357″ E
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Point Latitude Longitude
13 53° 12′ 28.510″ N 000° 34′ 44.027″ E
14 53° 13′ 50.373″ N 000° 35′ 38.913″ E
15 53° 13′ 18.481″ N 000° 36′ 31.958″ E
17 53° 07′ 37.765″ N 000° 59′ 12.242″ E
18 53° 13′ 9.723″ N 000° 54′ 3.794″ E
19 53° 15′ 9.191″ N 000° 55′ 41.727″ E
20 53° 13′ 25.250″ N 001° 00′ 8.828″ E
22 53° 14′ 4.788″ N 000° 38′ 30.377″ E
23 53° 14′ 6.175″ N 000° 37′ 53.971″ E
24 53° 15′ 1.702″ N 000° 38′ 1.679″ E
25 53° 15′ 1.685″ N 000° 38′ 4.229″ E
26 53° 15′ 51.200″ N 000° 38′ 26.112″ E
27 53° 15′ 34.130″ N 000° 39′ 8.260″ E
29 53° 15′ 9.583″ N 000° 42′ 34.551″ E
30 53° 15′ 41.756″ N 000° 41′ 36.844″ E
31 53° 15′ 56.790″ N 000° 41′ 37.691″ E
32 53° 16′ 56.770″ N 000° 43′ 12.509″ E
33 53° 16′ 23.463″ N 000° 43′ 54.514″ E
35 53° 16′ 19.458″ N 000° 34′ 46.173″ E
36 53° 17′ 17.615″ N 000° 34′ 54.292″ E
37 53° 17′ 8.480″ N 000° 35′ 44.114″ E
39 53° 15′ 29.389″ N 000° 39′ 45.725″ E
40 53° 16′ 2.527″ N 000° 38′ 31.120″ E
41 53° 17′ 22.679″ N 000° 39′ 6.577″ E
42 53° 17′ 43.004″ N 000° 39′ 53.733″ E
43 53° 17′ 27.210″ N 000° 41′ 31.415″ E
45 53° 16′ 22.557″ N 000° 37′ 45.996″ E
46 53° 16′ 36.345″ N 000° 37′ 14.922″ E
47 53° 18′ 2.541″ N 000° 37′ 52.688″ E
48 53° 17′ 50.789″ N 000° 39′ 5.529″ E
49 53° 17′ 13.200″ N 000° 38′ 2.681″ E
51 53° 20′ 31.908″ N 000° 40′ 44.792″ E
52 53° 20′ 31.498″ N 000° 39′ 39.921″ E
53 53° 20′ 34.873″ N 000° 39′ 39.958″ E
42Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
54 53° 20′ 36.959″ N 000° 34′ 13.419″ E
55 53° 21′ 9.344″ N 000° 34′ 47.278″ E
56 53° 21′ 8.449″ N 000° 40′ 40.884″ E
58 53° 21′ 42.482″ N 000° 54′ 35.283″ E
59 53° 21′ 40.385″ N 000° 52′ 17.167″ E
60 53° 22′ 28.482″ N 000° 51′ 11.974″ E
61 53° 22′ 27.873″ N 000° 52′ 52.820″ E
63 53° 21′ 43.928″ N 000° 45′ 47.084″ E
64 53° 22′ 28.984″ N 000° 46′ 1.429″ E
65 53° 22′ 28.153″ N 000° 48′ 3.606″ E
67 53° 21′ 49.731″ N 000° 43′ 36.612″ E
68 53° 22′ 31.123″ N 000° 43′ 21.156″ E
69 53° 22′ 24.719″ N 000° 44′ 59.434″ E
70 53° 21′ 52.700″ N 000° 45′ 0.546″ E
72 53° 23′ 28.968″ N 001° 36′ 50.876″ E
73 53° 24′ 16.718″ N 001° 36′ 29.872″ E
74 53° 25′ 20.282″ N 001° 40′ 32.493″ E
75 53° 26′ 57.794″ N 001° 43′ 24.853″ E
76 53° 27′ 49.898″ N 001° 44′ 31.828″ E
77 53° 29′ 41.527″ N 001° 45′ 49.905″ E
78 53° 30′ 58.889″ N 001° 46′ 11.727″ E
79 53° 32′ 26.981″ N 001° 46′ 26.029″ E
80 53° 29′ 31.665″ N 001° 50′ 59.277″ E
81 53° 28′ 40.456″ N 001° 50′ 35.937″ E
82 53° 28′ 15.252′ N 001° 49′ 10.015″ E
83 53° 27′ 55.714″ N 001° 48′ 37.205″ E
84 53° 27′ 22.142″ N 001° 48′ 29.033″ E
85 53° 26′ 51.166″ N 001° 48′ 21.158″ E
86 53° 26′ 12.576″ N 001° 48′ 8.060″ E
87 53° 25′ 38.653″ N 001° 48′ 8.593″ E
88 53° 15′ 23.267″ N 000° 19′ 43.506″ E
89 53° 15′ 23.609″ N 000° 19′ 44.116″ E
90 53° 15′ 23.996″ N 000° 19′ 44.804″ E
91 53° 15′ 24.263″ N 000° 19′ 45.279″ E
43Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
92 53° 15′ 26.776″ N 000° 19′ 49.753″ E
93 53° 15′ 27.959″ N 000° 19′ 51.860″ E
94 53° 15′ 38.568″ N 000° 20′ 24.961″ E
95 53° 15′ 38.569″ N 000° 20′ 25.004″ E
96 53° 15′ 38.571″ N 000° 20′ 25.302″ E
97 53° 15′ 38.575″ N 000° 20′ 25.748″ E
98 53° 15′ 38.627″ N 000° 20′ 32.317″ E
99 53° 15′ 38.679″ N 000° 20′ 38.886″ E
100 53° 15′ 40.504″ N 000° 24′ 36.753″ E
101 53° 15′ 45.998″ N 000° 27′ 7.864″ E
102 53° 15′ 46.001″ N 000° 27′ 13.231″ E
103 53° 15′ 57.880″ N 000° 27′ 43.029″ E
104 53° 16′ 27.853″ N 000° 29′ 7.103″ E
105 53° 16′ 56.862″ N 000° 30′ 14.887″ E
106 53° 17′ 5.090″ N 000° 30′ 34.122″ E
107 53° 17′ 10.091″ N 000° 30′ 45.655″ E
108 53° 17′ 11.076″ N 000° 31′ 48.010″ E
109 53° 17′ 40.520″ N 000° 31′ 55.865″ E
110 53° 18′ 59.574″ N 000° 34′ 58.518″ E
111 53° 19′ 1.928″ N 000° 35′ 3.962″ E
112 53° 19′ 28.366″ N 000° 35′ 2.779″ E
113 53° 19′ 29.931″ N 000° 36′ 32.909″ E
114 53° 19′ 30.814″ N 000° 36′ 36.504″ E
115 53° 19′ 52.317″ N 000° 38′ 4.115″ E
116 53° 20′ 5.544″ N 000° 39′ 33.663″ E
117 53° 20′ 5.352″ N 000° 39′ 34.675″ E
118 53° 20′ 5.258″ N 000° 39′ 39.628″ E
119 53° 20′ 3.949″ N 000° 40′ 47.782″ E
120 53° 20′ 3.608″ N 000° 41′ 5.490″ E
121 53° 20′ 6.501″ N 000° 42′ 12.019″ E
122 53° 20′ 13.168″ N 000° 43′ 51.174″ E
123 53° 20′ 16.468″ N 000° 44′ 20.272″ E
124 53° 20′ 26.562″ N 000° 44′ 49.621″ E
125 53° 20′ 39.175″ N 000° 45′ 11.903″ E
44Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
126 53° 20′ 46.964″ N 000° 45′ 18.483″ E
127 53° 20′ 52.069″ N 000° 45′ 21.845″ E
128 53° 20′ 53.926″ N 000° 45′ 22.442″ E
129 53° 21′ 21.774″ N 000° 46′ 25.825″ E
130 53° 21′ 25.062″ N 000° 46′ 38.723″ E
131 53° 21′ 26.153″ N 000° 46′ 53.091″ E
132 53° 21′ 28.991″ N 000° 52′ 59.849″ E
133 53° 21′ 30.092″ N 000° 55′ 34.182″ E
134 53° 21′ 31.588″ N 000° 59′ 17.599″ E
135 53° 20′ 38.347″ N 001° 02′ 14.919″ E
136 53° 20′ 32.026″ N 001° 06′ 59.054″ E
137 53° 25′ 18.619″ N 001° 13′ 18.173″ E
138 53° 25′ 30.060″ N 001° 13′ 18.317″ E
139 53° 25′ 30.054″ N 001° 13′ 35.555″ E
140 53° 25′ 55.049″ N 001° 13′ 35.555″ E
141 53° 26′ 5.529″ N 001° 13′ 18.763″ E
142 53° 28′ 51.538″ N 001° 13′ 20.848″ E
143 53° 28′ 51.539″ N 001° 13′ 20.848″ E
144 53° 28′ 27.088″ N 001° 10′ 54.113″ E
145 53° 28′ 40.336″ N 001° 10′ 32.794″ E
146 53° 29′ 37.647″ N 001° 09′ 0.491″ E
147 53° 29′ 37.332″ N 001° 06′ 3.730″ E
148 53° 29′ 19.041″ N 001° 03′ 53.183″ E
149 53° 32′ 32.232″ N 001° 00′ 59.093″ E
150 53° 34′ 31.492″ N 001° 04′ 32.616″ E
151 53° 36′ 34.077″ N 001° 08′ 26.916″ E
152 53° 39′ 12.689″ N 001° 28′ 43.588″ E
153 53° 32′ 3.757″ N 001° 32′ 46.680″ E
154 53° 30′ 57.848″ N 001° 26′ 4.442″ E
155 53° 30′ 57.847″ N 001° 26′ 4.443″ E
156 53° 30′ 41.451″ N 001° 26′ 4.344″ E
157 53° 28′ 8.999″ N 001° 20′ 25.101″ E
158 53° 27′ 40.033″ N 001° 19′ 34.731″ E
159 53° 25′ 5.940″ N 001° 15′ 7.257″ E
45Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
160 53° 24′ 46.824″ N 001° 14′ 57.503″ E
161 53° 19′ 31.608″ N 001° 08′ 0.786″ E
162 53° 19′ 24.645″ N 001° 07′ 36.669″ E
163 53° 19′ 32.549″ N 001° 01′ 47.090″ E
164 53° 20′ 25.533″ N 000° 58′ 51.469″ E
165 53° 20′ 23.532″ N 000° 54′ 14.849″ E
166 53° 20′ 17.139″ N 000° 54′ 1.469″ E
167 53° 20′ 23.390″ N 000° 53′ 56.111″ E
168 53° 20′ 21.723″ N 000° 50′ 23.738″ E
169 53° 18′ 58.945″ N 000° 51′ 27.099″ E
170 53° 19′ 48.338″ N 000° 49′ 21.912″ E
171 53° 20′ 10.572″ N 000° 49′ 12.331″ E
172 53° 20′ 9.719″ N 000° 48′ 27.666″ E
173 53° 20′ 20.538″ N 000° 48′ 0.206″ E
174 53° 20′ 20.128″ N 000° 47′ 11.924″ E
175 53° 20′ 7.723″ N 000° 46′ 44.092″ E
176 53° 20′ 7.224″ N 000° 46′ 18.376″ E
177 53° 19′ 55.934″ N 000° 46′ 17.647″ E
178 53° 19′ 16.741″ N 000° 44′ 49.770″ E
179 53° 19′ 14.408″ N 000° 44′ 37.520″ E
180 53° 19′ 10.983″ N 000° 41′ 29.891″ E
181 53° 19′ 10.110″ N 000° 41′ 14.849″ E
182 53° 19′ 7.280″ N 000° 40′ 53.837″ E
183 53° 18′ 2.446″ N 000° 41′ 0.758″ E
184 53° 18′ 3.678″ N 000° 40′ 34.763″ E
185 53° 18′ 15.768″ N 000° 40′ 40.440″ E
186 53° 18′ 15.469″ N 000° 39′ 46.818″ E
187 53° 18′ 10.407″ N 000° 39′ 38.348″ E
188 53° 18′ 57.173″ N 000° 39′ 38.869″ E
189 53° 18′ 45.400″ N 000° 38′ 11.684″ E
190 53° 18′ 41.693″ N 000° 37′ 50.173″ E
191 53° 18′ 35.812″ N 000° 37′ 24.430″ E
192 53° 18′ 29.442″ N 000° 37′ 5.808″ E
193 53° 18′ 2.522″ N 000° 35′ 59.804″ E
46Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
194 53° 16′ 6.448″ N 000° 31′ 34.059″ E
195 53° 15′ 50.420″ N 000° 30′ 57.424″ E
196 53° 15′ 48.037″ N 000° 30′ 51.021″ E
197 53° 15′ 47.270″ N 000° 30′ 48.961″ E
198 53° 14′ 39.608″ N 000° 27′ 47.363″ E
199 53° 14′ 35.060″ N 000° 25′ 16.597″ E
200 53° 14′ 33.873″ N 000° 25′ 11.876″ E
201 53° 14′ 33.575″ N 000° 23′ 39.547″ E
202 53° 14′ 33.585″ N 000° 23′ 28.949″ E
203 53° 14′ 33.002″ N 000° 23′ 11.567″ E
204 53° 14′ 32.153″ N 000° 22′ 59.859″ E
205 53° 14′ 31.408″ N 000° 21′ 15.880″ E
206 53° 14′ 31.378″ N 000° 21′ 11.732″ E
207 53° 14′ 31.330″ N 000° 21′ 5.095″ E
208 53° 14′ 31.327″ N 000° 21′ 4.768″ E
209 53° 14′ 58.072″ N 000° 20′ 10.457″ E
210 53° 14′ 59.426″ N 000° 20′ 7.707″ E
211 53° 15′ 0.149″ N 000° 20′ 6.239″ E
212 53° 15′ 0.842″ N 000° 20′ 4.832″ E
213 53° 15′ 1.277″ N 000° 20′ 3.947″ E
214 53° 15′ 1.277″ N 000° 20′ 3.945″ E
215 53° 15′ 1.296″ N 000° 20′ 3.751″ E
216 53° 15′ 1.373″ N 000° 20′ 2.965″ E
217 53° 15′ 1.401″ N 000° 20′ 2.668″ E
218 53° 15′ 1.440″ N 000° 20′ 2.267″ E
219 53° 15′ 1.457″ N 000° 20′ 2.096″ E
220 53° 15′ 1.487″ N 000° 20′ 1.785″ E
221 53° 15′ 1.527″ N 000° 20′ 1.379″ E
222 53° 15′ 1.564″ N 000° 20′ 0.999″ E
223 53° 15′ 1.735″ N 000° 19′ 59.239″ E
224 53° 15′ 1.800″ N 000° 19′ 58.564″ E
225 53° 15′ 1.998″ N 000° 19′ 56.531″ E
226 53° 15′ 2.022″ N 000° 19′ 56.279″ E
227 53° 15′ 2.103″ N 000° 19′ 55.451″ E
47Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
228 53° 15′ 2.274″ N 000° 19′ 53.691″ E
229 53° 15′ 2.334″ N 000° 19′ 53.677″ E
230 53° 15′ 2.411″ N 000° 19′ 53.654″ E
231 53° 15′ 2.445″ N 000° 19′ 53.644″ E
232 53° 15′ 2.599″ N 000° 19′ 53.601″ E
233 53° 15′ 2.725″ N 000° 19′ 53.558″ E
234 53° 15′ 2.871″ N 000° 19′ 53.501″ E
235 53° 15′ 2.929″ N 000° 19′ 53.479″ E
236 53° 15′ 3.014″ N 000° 19′ 53.443″ E
237 53° 15′ 3.055″ N 000° 19′ 53.425″ E
238 53° 15′ 3.098″ N 000° 19′ 53.404″ E
239 53° 15′ 3.232″ N 000° 19′ 53.334″ E
240 53° 15′ 3.355″ N 000° 19′ 53.263″ E
241 53° 15′ 3.511″ N 000° 19′ 53.179″ E
242 53° 15′ 3.614″ N 000° 19′ 53.118″ E
243 53° 15′ 3.849″ N 000° 19′ 52.987″ E
244 53° 15′ 3.987″ N 000° 19′ 52.906″ E
245 53° 15′ 4.127″ N 000° 19′ 52.828″ E
246 53° 15′ 4.172″ N 000° 19′ 52.801″ E
247 53° 15′ 4.314″ N 000° 19′ 52.718″ E
248 53° 15′ 4.410″ N 000° 19′ 52.657″ E
249 53° 15′ 4.474″ N 000° 19′ 52.619″ E
250 53° 15′ 4.549″ N 000° 19′ 52.572″ E
251 53° 15′ 4.617″ N 000° 19′ 52.525″ E
252 53° 15′ 4.705″ N 000° 19′ 52.470″ E
253 53° 15′ 4.764″ N 000° 19′ 52.430″ E
254 53° 15′ 4.930″ N 000° 19′ 52.324″E
255 53° 15′ 5.065″ N 000° 19′ 52.233″ E
256 53° 15′ 5.215″ N 000° 19′ 52.140″ E
257 53° 15′ 5.231″ N 000° 19′ 52.131″ E
258 53° 15′ 5.464″ N 000° 19′ 52.000″ E
259 53° 15′ 5.572″ N 000° 19′ 51.946″ E
260 53° 15′ 5.656″ N 000° 19′ 51.906″ E
261 53° 15′ 5.883″ N 000° 19′ 51.810″ E
48Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
262 53° 15′ 5.963″ N 000° 19′ 51.784″ E
263 53° 15′ 6.054″ N 000° 19′ 51.750″ E
264 53° 15′ 6.178″ N 000° 19′ 51.712″ E
265 53° 15′ 6.268″ N 000° 19′ 51.677″ E
266 53° 15′ 6.435″ N 000° 19′ 51.628″ E
267 53° 15′ 6.580″ N 000° 19′ 51.589″ E
268 53° 15′ 6.680″ N 000° 19′ 51.555″ E
269 53° 15′ 6.754″ N 000° 19′ 51.533″ E
270 53° 15′ 6.826″ N 000° 19′ 51.512″ E
271 53° 15′ 6.989″ N 000° 19′ 51.460″ E
272 53° 15′ 7.190″ N 000° 19′ 51.392″ E
273 53° 15′ 7.297″ N 000° 19′ 51.358″ E
274 53° 15′ 7.380″ N 000° 19′ 51.328″ E
275 53° 15′ 7.403″ N 000° 19′ 51.320″ E
276 53° 15′ 7.478″ N 000° 19′ 51.296″ E
277 53° 15′ 7.628″ N 000° 19′ 51.242″ E
278 53° 15′ 7.864″ N 000° 19′ 51.164″ E
279 53° 15′ 7.969″ N 000° 19′ 51.124″ E
280 53° 15′ 8.032″ N 000° 19′ 51.098″ E
281 53° 15′ 8.156″ N 000° 19′ 51.056″ E
282 53° 15′ 8.252″ N 000° 19′ 51.020″ E
283 53° 15′ 8.321″ N 000° 19′ 50.997″ E
284 53° 15′ 8.472″ N 000° 19′ 50.934″ E
285 53° 15′ 8.584″ N 000° 19′ 50.893″ E
286 53° 15′ 8.705″ N 000° 19′ 50.838″ E
287 53° 15′ 8.820″ N 000° 19′ 50.789″ E
288 53° 15′ 8.902″ N 000° 19′ 50.753″ E
289 53° 15′ 8.959″ N 000° 19′ 50.730″ E
290 53° 15′ 9.197″ N 000° 19′ 50.618″ E
291 53° 15′ 9.359″ N 000° 19′ 50.538″ E
292 53° 15′ 9.360″ N 000° 19′ 50.538″ E
293 53° 15′ 9.500″ N 000° 19′ 50.467″ E
294 53° 15′ 9.595″ N 000° 19′ 50.423″ E
295 53° 15′ 9.632″ N 000° 19′ 50.408″ E
49Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
296 53° 15′ 9.676″ N 000° 19′ 50.391″ E
297 53° 15′ 9.772″ N 000° 19′ 50.345″ E
298 53° 15′ 9.802″ N 000° 19′ 50.332″ E
299 53° 15′ 9.902″ N 000° 19′ 50.296″ E
300 53° 15′ 10.002″ N 000° 19′ 50.256″ E
301 53° 15′ 10.111″ N 000° 19′ 50.219″ E
302 53° 15′ 10.185″ N 000° 19′ 50.191″ E
303 53° 15′ 10.337″ N 000° 19′ 50.142″ E
304 53° 15′ 10.498″ N 000° 19′ 50.088″ E
305 53° 15′ 10.582″ N 000° 19′ 50.064″ E
306 53° 15′ 10.674″ N 000° 19′ 50.032″ E
307 53° 15′ 10.755″ N 000° 19′ 50.007″ E
308 53° 15′ 10.800″ N 000° 19′ 49.992″ E
309 53° 15′ 10.926″ N 000° 19′ 49.958″ E
310 53° 15′ 11.031″ N 000° 19′ 49.933″ E
311 53° 15′ 11.176″ N 000° 19′ 49.889″ E
312 53° 15′ 11.272″ N 000° 19′ 49.864″ E
313 53° 15′ 11.406″ N 000° 19′ 49.821″ E
314 53° 15′ 11.545″ N 000° 19′ 49.780″ E
315 53° 15′ 11.663″ N 000° 19′ 49.741″ E
316 53° 15′ 11.755″ N 000° 19′ 49.714″ E
317 53° 15′ 12.058″ N 000° 19′ 49.609″ E
318 53° 15′ 12.173″ N 000° 19′ 49.566″ E
319 53° 15′ 12.268″ N 000° 19′ 49.533″ E
320 53° 15′ 12.368″ N 000° 19′ 49.493″ E
321 53° 15′ 12.415″ N 000° 19′ 49.474″ E
322 53° 15′ 12.494″ N 000° 19′ 49.444″ E
323 53° 15′ 12.635″ N 000° 19′ 49.381″ E
324 53° 15′ 12.762″ N 000° 19′ 49.328″ E
325 53° 15′ 13.052″ N 000° 19′ 49.186″ E
326 53° 15′ 13.161″ N 000° 19′ 49.129″ E
327 53° 15′ 13.252″ N 000° 19′ 49.083″ E
328 53° 15′ 13.441″ N 000° 19′ 48.981″ E
329 53° 15′ 13.679″ N 000° 19′ 48.847″ E
50Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
330 53° 15′ 13.777″ N 000° 19′ 48.791″ E
331 53° 15′ 13.906″ N 000° 19′ 48.711″ E
332 53° 15′ 14.019″ N 000° 19′ 48.646″ E
333 53° 15′ 14.135″ N 000° 19′ 48.577″ E
334 53° 15′ 14.204″ N 000° 19′ 48.537″ E
335 53° 15′ 14.312″ N 000° 19′ 48.469″ E
336 53° 15′ 14.429″ N 000° 19′ 48.400″ E
337 53° 15′ 14.508″ N 000° 19′ 48.351″ E
338 53° 15′ 14.581″ N 000° 19′ 48.309″ E
339 53° 15′ 14.601″ N 000° 19′ 48.297″ E
340 53° 15′ 14.757″ N 000° 19′ 48.202″ E
341 53° 15′ 14.865″ N 000° 19′ 48.143″ E
342 53° 15′ 14.979″ N 000° 19′ 48.073″ E
343 53° 15′ 15.067″ N 000° 19′ 48.025″ E
344 53° 15′ 15.283″ N 000° 19′ 47.900″ E
345 53° 15′ 15.348″ N 000° 19′ 47.866″ E
346 53° 15′ 15.418″ N 000° 19′ 47.824″ E
347 53° 15′ 15.591″ N 000° 19′ 47.727″ E
348 53° 15′ 15.705″ N 000° 19′ 47.666″ E
349 53° 15′ 15.910″ N 000° 19′ 47.566″ E
350 53° 15′ 15.984″ N 000° 19′ 47.528″ E
351 53° 15′ 16.207″ N 000° 19′ 47.426″ E
352 53° 15′ 16.366″ N 000° 19′ 47.356″ E
353 53° 15′ 16.476″ N 000° 19′ 47.302″ E
354 53° 15′ 16.571″ N 000° 19′ 47.258″ E
355 53° 15′ 16.663″ N 000° 19′ 47.211″ E
356 53° 15′ 16.714″ N 000° 19′ 47.188″ E
357 53° 15′ 16.745″ N 000° 19′ 47.174″ E
358 53° 15′ 16.846″ N 000° 19′ 47.122″ E
359 53° 15′ 16.942″ N 000° 19′ 47.069″ E
360 53° 15′ 17.045″ N 000° 19′ 47.017″ E
361 53° 15′ 17.136″ N 000° 19′ 46.965″ E
362 53° 15′ 17.314″ N 000° 19′ 46.859″ E
363 53° 15′ 17.541″ N 000° 19′ 46.719″ E
51Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
364 53° 15′ 17.632″ N 000° 19′ 46.654″ E
365 53° 15′ 17.790″ N 000° 19′ 46.554″ E
366 53° 15′ 18.012″ N 000° 19′ 46.402″ E
367 53° 15′ 18.125″ N 000° 19′ 46.329″ E
368 53° 15′ 18.196″ N 000° 19′ 46.280″ E
369 53° 15′ 18.290″ N 000° 19′ 46.219″ E
370 53° 15′ 18.374″ N 000° 19′ 46.159″ E
371 53° 15′ 18.524″ N 000° 19′ 46.059″ E
372 53° 15′ 18.621″ N 000° 19′ 45.996″ E
373 53° 15′ 18.775″ N 000° 19′ 45.890″ E
374 53° 15′ 18.912″ N 000° 19′ 45.791″ E
375 53° 15′ 19.052″ N 000° 19′ 45.697″ E
376 53° 15′ 19.145″ N 000° 19′ 45.629″ E
377 53° 15′ 19.209″ N 000° 19′ 45.585″ E
378 53° 15′ 19.290″ N 000° 19′ 45.525″ E
379 53° 15′ 19.359″ N 000° 19′ 45.475″ E
380 53° 15′ 19.443″ N 000° 19′ 45.409″ E
381 53° 15′ 19.548″ N 000° 19′ 45.332″ E
382 53° 15′ 19.615″ N 000° 19′ 45.279″ E
383 53° 15′ 19.684″ N 000° 19′ 45.227″ E
384 53° 15′ 19.750″ N 000° 19′ 45.174″ E
385 53° 15′ 19.840″ N 000° 19′ 45.105″ E
386 53° 15′ 19.923″ N 000° 19′ 45.039″ E
387 53° 15′ 20.207″ N 000° 19′ 44.795″ E
388 53° 15′ 20.321″ N 000° 19′ 44.702″ E
389 53° 15′ 20.435″ N 000° 19′ 44.601″ E
390 53° 15′ 20.522″ N 000° 19′ 44.527″ E
391 53° 15′ 20.609″ N 000° 19′ 44.449″ E
392 53° 15′ 20.674″ N 000° 19′ 44.394″ E
393 53° 15′ 20.785″ N 000° 19′ 44.304″ E
394 53° 15′ 21.028″ N 000° 19′ 44.094″ E
395 53° 15′ 21.111″ N 000° 19′ 44.021″ E
396 53° 15′ 21.160″ N 000° 19′ 43.976″ E
397 53° 15′ 21.390″ N 000° 19′ 43.775″ E
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Point Latitude Longitude
398 53° 15′ 21.471″ N 000° 19′ 43.702″ E
399 53° 15′ 21.793″ N 000° 19′ 43.427″ E
400 53° 15′ 21.939″ N 000° 19′ 43.309″ E
401 53° 15′ 22.020″ N 000° 19′ 43.249″ E
402 53° 15′ 22.153″ N 000° 19′ 43.148″ E
403 53° 15′ 22.257″ N 000° 19′ 43.071″ E
404 53° 15′ 22.317″ N 000° 19′ 43.033″ E
405 53° 15′ 22.396″ N 000° 19′ 42.980″ E
406 53° 15′ 22.448″ N 000° 19′ 42.949″ E
407 53° 15′ 22.525″ N 000° 19′ 42.900″ E
408 53° 15′ 22.642″ N 000° 19′ 42.831″ E
409 53° 15′ 22.683″ N 000° 19′ 42.809″ E
410 53° 15′ 22.809″ N 000° 19′ 42.745″ E
411 53° 15′ 22.830″ N 000° 19′ 42.736″ E
412 53° 15′ 23.143″ N 000° 19′ 43.292″ E
413 53° 15′ 23.267″ N 000° 19′ 43.506″ E
415 53° 45′ 33.891″ N 001° 00′ 32.907″ E
416 53° 45′ 4.594″ N 001° 03′ 26.056″ E
417 53° 44′ 36.965″ N 001° 01′ 37.843″ E
418 53° 43′ 49.104″ N 000° 59′ 30.164″ E
419 53° 42′ 55.282″ N 000° 57′ 43.981″ E
420 53° 41′ 29.957″ N 000° 56′ 3.720″ E
421 53° 40′ 23.371″ N 000° 54′ 7.750″ E
422 53° 40′ 29.385″ N 000° 52′ 22.939″ E
423 53° 40′ 36.281″ N 000° 51′ 30.886″ E
424 53° 45′ 43.118″ N 000° 51′ 54.642″ E
425 53° 45′ 14.743″ N 000° 54′ 25.985″ E
426 53° 45′ 27.752″ N 000° 55′ 46.378″ E
427 53° 45′ 58.939″ N 000° 55′ 49.294″ E
428 53° 46′ 23.766″ N 000° 57′ 46.036″ E
430 53° 45′ 6.151″ N 000° 56′ 50.100″ E
431 53° 45′ 28.354″ N 000° 57′ 29.801″ E
432 53° 45′ 51.883″ N 000° 56′ 52.331″ E
433 53° 45′ 29.676″ N 000° 56′ 12.629″ E
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PART 2
Ancillary Works
3. Works within the Order limits which have been subject to an environmental impact assessment
recorded in the environmental statement comprising—
(a) temporary landing places, moorings or other means of accommodating or anchoring
vessels in the construction and/or maintenance of the authorised development;
(b) marking buoys, beacons, fenders and other navigational warning or ship impact protection
works;
(c) buoys such as wave buoys and LiDAR buoys used for measurement purposes;
(d) temporary works for the benefit or protection of land or structures affected by the
authorised development; and
(e) planting of hedgerows and trees.
PART 3
Requirements
Time limits
4. The authorised project must commence no later than the expiration of five years beginning
with the date this Order comes into force.
Detailed offshore design parameters
5.—(1) Subject to sub-paragraph (2), each wind turbine generator forming part of the authorised
project must not—
(a) exceed a height of 403 metres when measured from LAT to the tip of the vertical blade;
(b) exceed a rotor diameter of 340 metres;
(c) be less than 40 metres from MSL to the lowest point of the rotating blade; and
(d) be less than 605 metres from blade tip to the blade tip of the nearest wind turbine generator.
(2) Wind turbine generator foundation structures forming part of the authorised project must be
monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.
(3) In respect of a wind turbine generator—
(a) no monopile foundation may have a diameter greater than 13 metres;
(b) no gravity base structure foundation may have a diameter at the level of the seabed greater
than 55 metres;
(c) no pin pile jacket foundation forming part of the authorised project may—
(i)have a pin pile diameter of greater than five metres; or
(ii)employ more than four pin piles per jacket foundation;
(d) no suction bucket jacket foundation forming part of the authorised project may—
(i)have a suction bucket diameter of greater than 20 metres; or
(ii)employ more than four suction buckets per jacket foundation;
(4) The total seabed footprint area for wind turbine generator foundations must not exceed—
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(a) 122,904 square metres excluding scour protection; and
(b) 1,041,400 square metres including scour protection.
6.—(1) The total number of offshore electrical installations and offshore accommodation
platforms must not exceed seven, consisting of a combination of no more than—
(a) four small offshore transformer substations or two large offshore transformer substations;
(b) two offshore reactive compensation platforms; and
(c) one offshore accommodation platform.
(2) The total number of offshore artificial nesting structures must not exceed two.
(3) The dimensions of any small offshore transformer substation comprised within Work No. 3(a)
(including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts,
radar and antennae) forming part of the authorised project must not exceed—
(a) 90 metres in height when measured from LAT;
(b) 90 metres in length; and
(c) 90 metres in width.
(4) The dimensions of any large offshore transformer substation comprised within Work No. 3(b)
(including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts,
radar and antennae) forming part of the authorised project must not exceed—
(a) 100 metres in height when measured from LAT;
(b) 160 metres in length; and
(c) 110 metres in width.
(5) The dimensions of any offshore reactive compensation platform (including auxiliary
structures, such as a crane, but excluding masts, lightning protection, radar and antennae) forming
part of the authorised project must not exceed—
(a) 59.2 metres in height when measured from LAT;
(b) 90 metres in length; and
(c) 90 metres in width;
and any masts, lightning protection, radar and antennae forming part of any offshore reactive
compensation platform must not exceed 79.2 metres in height when measured from LAT.
(6) The dimensions of the offshore accommodation platform forming part of the authorised
project must not exceed—
(a) 80.2 metres in height when measured from LAT;
(b) 84 metres in length; and
(c) 84 metres in width.
(7) The dimensions of any offshore artificial nesting structure comprised within Work No. 9
forming part of the authorised project must not exceed—
(a) 60 metres in height when measured from LAT;
(b) 23 metres in length; and
(c) 23 metres in width.
(8) Offshore accommodation platform foundation structures forming part of the authorised
project must be one of either monopile, gravity base structure, pin pile jacket or suction bucket jacket
foundations.
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(9) Offshore transformer substation foundation structures forming part of the authorised project
must be monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.
(10) Offshore artificial nesting structures foundation structures forming part of the authorised
project must be monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.
(11) In respect of an offshore electrical installation and offshore accommodation platform—
(a) no monopile foundation may have a diameter greater than 14 metres;
(b) no gravity base structure foundation may exceed, at the level of the seabed—
(i)a length of 72 metres; or
(ii)a width of 36 metres;
(c) no pin pile jacket foundation forming part of the authorised project may—
(i)have a pin pile diameter of greater than five metres; or
(ii)employ more than 24 pin piles per jacket foundation;
(d) no suction bucket jacket foundation forming part of the authorised project may—
(i)have a suction bucket diameter of greater than 20 metres; or
(ii)employ more than eight suction buckets per jacket foundation;
(12) In respect of an offshore artificial nesting structure—
(a) no monopile foundation may have a diameter greater than eight metres;
(b) no gravity base structure foundation may have a diameter at the level of the seabed greater
than 50 metres;
(c) no pin pile jacket foundation forming part of the authorised project may—
(i)have a pin pile diameter of greater than five metres; or
(ii)employ more than four pin piles per jacket foundation;
(d) no suction bucket jacket foundation forming part of the authorised project may—
(i)have a suction bucket diameter of greater than ten metres; or
(ii)employ more than four suction buckets per jacket foundation;
(13) The total seabed footprint area for offshore accommodation platform foundations must not
exceed—
(a) 2,600 square metres excluding scour protection; and
(b) 19,600 square metres including scour protection.
(14) The total seabed footprint area for offshore electrical installation foundations must not
exceed—
(a) 15,600 square metres excluding scour protection; and
(b) 117,600 square metres including scour protection.
(15) The total seabed footprint area for offshore artificial nesting structure foundations must not
exceed—
(a) 4,000 square metres excluding scour protection; and
(b) 24,600 square metres including scour protection.
(16) Offshore reactive compensation platform foundation structures forming part of the
authorised project must be monopile, pin pile jacket or suction bucket jacket foundations.
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7.—(1) The maximum number of gravity base structure foundations must not exceed 50 per
cent of the total number of wind turbine generators, offshore electrical installations, accommodation
platform and offshore artificial nesting structures combined.
(2) No wind turbine generator, offshore transformer substation or offshore accommodation
platform forming part of the authorised project is to be erected within the area hatched black and
marked “offshore restricted build area” on the works plans, whose coordinates are specified below
and shown on the offshore order limits and grid coordinates plan—
Point Latitude Longitude
150 53° 34′ 31.492″ N 001° 04′ 32.616″ E
151 53° 36′ 34.077″ N 001° 08′ 26.916″ E
152 53° 39′ 12.689″ N 001° 28′ 43.588″ E
845 53° 33′ 59.545″ N 001° 03′ 36.079″ E
846 53° 33′ 59.382″ N 001° 03′ 35.074″ E
847 53° 34′ 09.033″ N 001° 03′ 52.365″ E
848 53° 34′ 31.223″ N 001° 04′ 32.133″ E
849 53° 36′ 37.559″ N 001° 19′ 54.519″ E
850 53° 38′ 07.792″ N 001° 29′ 20.432″ E
851 53° 34′ 27.499″ N 001° 06′ 28.034″ E
8. The total volume of scour protection for wind turbine generators, offshore accommodation
platform, offshore electrical installations and offshore artificial nesting structures must not exceed
3,149,850 cubic metres.
9.—(1) In respect of the offshore export cables comprised within Work No. 5, the number of
cable circuits must not exceed four.
(2) The cable circuits comprising Work No. 1(b) must not—
(a) exceed 377.42 kilometres in length; and
(b) be subject to cable protection with an area greater than 1,270,357 square metres.
(3) The cable circuits comprising Work No. 4 must not—
(a) exceed 123.75 kilometres in length; and
(b) be subject to cable protection with an area greater than 406,438 square metres.
(4) The cable circuits comprising Work No. 5 must not—
(a) exceed 440 kilometres in length; and
(b) be subject to cable protection with an area greater than 1,524,870 square metres.
(5) The total number of cable crossings must not exceed—
(a) 30, in respect of the array cables comprised within Work No. 1(b);
(b) 16, in respect of the interlink cables comprised within Work No. 4; and
(c) 38, in respect of the offshore export cables comprised within Work No. 5,
unless otherwise agreed with the MMO.
(6) The total volume of cable protection must not exceed 3,071,307 cubic metres with a maximum
footprint of 3,201,655 square metres.
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Offshore decommissioning
10. Work Nos. 1 to 7 must not commence until a written decommissioning programme in
compliance with any notice served upon the undertaker by the Secretary of State pursuant to
section 105(2) of the 2004 Act has been submitted to the Secretary of State for approval.
Stages of authorised project onshore
11.—(1) The onshore transmission works may not be commenced until a written scheme setting
out the stages of the onshore transmission works has been submitted to and approved by Lincolnshire
County Council in consultation with the relevant planning authority.
(2) Any amendments to the approved written scheme must be submitted to, and approved by,
Lincolnshire County Council.
(3) The scheme must be implemented as approved. The approved details are to be taken to include
any amendments that may subsequently be approved in accordance with sub-paragraph (2).
Detailed onshore design parameters
12.—(1) No stage of Work No. 16 may commence until for that stage details of—
(a) the layout, scale, building elevations and external appearance of the onshore HVAC
substation;
(b) proposed finished ground levels;
(c) operational lighting;
(d) hard surfacing materials; and
(e) vehicular and pedestrian access, parking and circulation areas,
have been submitted to and approved by the Lincolnshire County Council in consultation with
the relevant planning authority and, in respect of details submitted in accordance with (b), the
Environment Agency.
(2) Work No. 16 must be carried out in accordance with the approved details.
(3) The details submitted under sub-paragraph (1) must be in accordance with the design
principles statement and the design approach document.
(4) The cable ducts and cables comprised within Work No. 11 and Work No. 12 must be installed
using a trenchless technique.
(5) The cable ducts and cables to be installed in plot 17-001 (as shown on the land plans) must
be installed using a trenchless technique.
(6) The cable ducts and cables to be installed in plots 06-001, 06-002, 06-005, 06-007 and 06-008
(as shown on the land plans) must be installed using a trenchless technique.
Provision of landscaping
13.—(1) No stage of the onshore transmission works may commence until for that stage a
written landscape management plan and associated work programme (which accords with the
outline landscape and ecological management strategy) has been submitted to and approved by the
Lincolnshire County Council in consultation with the relevant planning authority and the relevant
statutory nature conservation body.
(2) The written landscape management plan(s) and associated work programme(s) must be
implemented as approved.
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Implementation and maintenance of landscaping
14.—(1) All landscaping works must be carried out and maintained in accordance with the
landscape management plan(s) approved under requirement 13 (provision of landscaping), and in
accordance with the relevant recommendations of appropriate British Standards.
(2) Unless otherwise stated in the approved landscape management plan, any tree or shrub planted
as part of an approved landscape management plan that, within a period of five years after planting,
is removed, dies or becomes, in the opinion of Lincolnshire County Council, seriously damaged or
diseased must be replaced in the first available planting season with a specimen of the same species
and size as that originally planted unless alternative timing or a different specimen is otherwise
approved by Lincolnshire County Council in consultation with the relevant planning authority.
Ecological management plan
15.—(1) No stage of the onshore transmission works may commence until for that stage a
written ecological management plan (which accords with the outline landscape and ecological
management strategy) reflecting survey results, and the ecological mitigation measures included in
the environmental statement and including—
(a) a protected species mitigation management plan;
(b) a nesting birds management plan; and
(c) a non-native invasive species management plan,
has been submitted to and approved by Lincolnshire County Council in consultation with the relevant
statutory nature conservation body and the relevant planning authority.
(2) Onshore preparation works may not be carried out until a written ecological management
plan (which accords with the outline landscape and ecological management strategy) for those
works reflecting survey results and the ecological mitigation measures included in the environmental
statement has been submitted to and approved by Lincolnshire County Council in consultation with
the relevant statutory nature conservation body and the relevant planning authority.
(3) The ecological management plan(s) must include an implementation timetable and must be
carried out as approved.
Fencing and other means of permanent enclosure
16.—(1) No stage of the onshore transmission works may commence until details of all proposed
permanent fences, walls or other means of enclosure of that stage of the onshore transmission works
have been submitted to and approved by Lincolnshire County Council in consultation with the
relevant planning authority.
(2) Any permanent fencing and other means of enclosure must be provided and maintained in
accordance with the approved details.
(3) Any approved permanent fencing in relation to the onshore transmission works in Work
No. 16 must be completed before those works are brought into use and must be maintained for the
operational lifetime of the onshore transmission works in Work No. 16.
Temporary fencing and other temporary means of enclosure
17.—(1) The details of any temporary fences, walls, or other means of enclosure required for
the construction of the onshore transmission works must be included in the code of construction
practice approved under requirement 18 (Code of construction practice) and must accord with the
outline code of construction practice.
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(2) All construction sites must remain securely enclosed at all times during construction of the
onshore transmission works in accordance with the details approved under sub-paragraph (1) above.
Operational drainage management and emergency flood response
18.—(1) No part of Work No. 16 may commence until an operational drainage management
plan in respect of that part (which accords with the outline operational drainage management plan)
and includes provision for the maintenance of any measures identified, has been submitted to and
approved by the lead local flood authority, in consultation with the relevant planning authority.
(2) The operational drainage management plan must be implemented as approved.
(3) Work No. 16(a) must not begin operation until an operational emergency flood response plan
in respect of Work No. 16 has been submitted to and approved by the lead local flood authority in
consultation with the relevant planning authority.
(4) The operational emergency flood response plan must be implemented as approved.
Contaminated land and groundwater
19.—(1) No stage of the onshore transmission works may commence until a written scheme
to deal with the contamination of any land (including groundwater) of that stage of the onshore
transmission works within the Order limits that is likely to cause significant harm to persons
or pollution of controlled waters or the environment has been submitted to, and approved
by, Lincolnshire County Council in consultation with the relevant planning authority and the
Environment Agency.
(2) The scheme must include an investigation and assessment report, to identify the extent of
any contamination and the remedial measures to be taken for that stage to render the land fit for its
intended purpose, together with a management plan which sets out long-term measures with respect
to any contaminants remaining on the site.
(3) Remediation identified in the approved scheme must be carried out in accordance with the
approved scheme.
Onshore archaeology
20.—(1) No stage of the onshore transmission works may commence until a written scheme
of archaeological investigation (which must accord with the outline onshore written scheme of
investigation for archaeological works and is informed by the archaeological investigations referred
to in sub-paragraph (2)) for that stage has been submitted to and approved by Lincolnshire County
Council in consultation with the relevant planning authority and Historic England.
(2) Archaeological investigations carried out as part of onshore preparation works must only take
place in accordance with a specific written scheme of investigation (which must accord with the
outline onshore written scheme of investigation for archaeological works) which has been submitted
to and approved by Lincolnshire County Council in consultation with the relevant planning authority
and Historic England.
(3) All archaeological investigations (other than archaeological investigations carried out as part
of onshore preparation works referred to in sub-paragraph (2)) must be carried out in accordance
with the written scheme of archaeological investigation approved under sub-paragraph (1).
(4) In the event that archaeological site investigation is required, the archaeological site
investigations and post investigation assessment must be completed in accordance with the
programme set out in the written scheme of archaeological investigation and provision made for
analysis, publication and dissemination of results and archive deposition.
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Code of construction practice
21.—(1) No stage of the onshore transmission works may commence until a code of construction
practice (which must accord with the outline code of construction practice) for that stage has been
submitted to and approved by Lincolnshire County Council following consultation, as appropriate,
with—
(a) the relevant planning authority;
(b) the relevant lead local flood authority;
(c) the relevant highway authority;
(d) the Environment Agency;
(e) the relevant statutory nature conservation body;
(f) in respect of the surface water drainage strategy referred to in sub-paragraph (2)(b),
Anglian Water Services Limited;
(g) if applicable, the MMO; and
(h) if applicable, the Defence Infrastructure Organisation in respect of works comprising Work
No. 12 and 13.
(2) The code of construction must include—
(a) an air quality management plan (which accords with the outline air quality management
plan);
(b) a surface water drainage strategy (which accords with the outline surface water drainage
strategy);
(c) a noise and vibration management plan (which accords with the outline noise and vibration
management plan);
(d) a health, safety and environment plan;
(e) a stakeholder communications plan;
(f) a site waste management plan (which accords with the outline site waste management
plan);
(g) a flood management and response plan;
(h) a pollution prevention and emergency incident response plan (which accords with the
outline pollution prevention and emergency incident response plan);
(i) an artificial light emissions plan;
(j) a water quality management and mitigation plan;
(k) where any land for that stage of the onshore transmission works is organically farmed, an
organic land protocol (which accords with the outline organic land protocol); and
(l) a soil management plan (which accords with the outline soil management plan).
(3) Any code of construction practice submitted under sub-paragraph (1) may cover one or more
stages of the onshore transmission works.
(4) All construction works for each stage must be undertaken in accordance with the relevant
approved code of construction practice.
Construction hours
22.—(1) Except as otherwise agreed in the code of construction practice and subject to sub-
paragraphs (2) to (4), construction of the onshore transmission works and construction-related traffic
movements to or from the site of the relevant work may take place only between 0700 hours and
1900 hours Monday to Saturday, with no activity on Sundays or bank holidays.
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(2) Subject to sub-paragraphs (3) and (4), construction of the onshore transmission works and
construction-related traffic movements to or from the site of the relevant work may take place outside
the hours specified in sub-paragraph (1) for certain identified works including, but not limited to—
(a) where continuous periods of construction are required, for works such as concrete pouring
and finishing, operation of a trenchless technique, electrical circuit pulling and jointing
and testing;
(b) the delivery and unloading of abnormal loads;
(c) the landfall works;
(d) for internal fitting out works associated with the onshore HVAC substation;
(e) the testing or commissioning of any electrical plant or cables installed as part of the
authorised development; and
(f) activity necessary in the instance of an emergency where there is a risk to persons, delivery
of electricity or property.
(3) With the exception of activities undertaken in accordance with sub-paragraph (2)(f) and as
provided in sub-paragraph (4), all construction works which are to be undertaken outside the hours
specified in sub-paragraph (1) must be agreed in advance with Lincolnshire County Council.
(4) In respect of trenchless techniques—
(a) where continuous 24-hour working is required, the undertaker must notify Lincolnshire
County Council in advance of such works;
(b) where a trenchless technique is to take place within 100 metres of an occupied dwelling,
the works must take place within the hours specified in sub-paragraph (1) unless otherwise
agreed in advance with the resident of that dwelling and notified to Lincolnshire County
Council.
Highway accesses
23.—(1) Construction of any new permanent or temporary means of access to a highway, or
alteration of an existing means of access to a highway, must not begin until an access plan for that
access has been submitted to and approved by the relevant highway authority.
(2) The access plan must include details of the siting, design, layout, visibility splays, access
management measures, lighting, signing, safety measures and a maintenance programme relevant
to the access it relates to.
(3) The highway accesses (including visibility splays) must be constructed, altered and
maintained in accordance with the approved details.
Traffic
24.—(1) No stage of the onshore transmission works may commence until for that stage the
following have been submitted to and approved by the relevant highway authority in consultation
with the relevant planning authority—
(a) a construction traffic management plan which must be in accordance with the outline
construction traffic management plan; and
(b) a travel plan which must be in accordance with the outline travel plan.
(2) The plans approved under sub-paragraph (1) must be implemented upon commencement of
the relevant stage of the onshore transmission works.
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Public rights of way
25.—(1) No stage of the onshore transmission works or onshore preparation works that would
affect a public right of way specified in Schedule 3 (public rights of way to be temporarily closed)
is to be undertaken until a public access management plan in respect of that stage and in accordance
with the outline public access management plan, including the specification for the making up of
an alternative right of way (where appropriate) has been submitted to and approved by the relevant
highway authority in consultation with the relevant planning authority.
(2) Any alternative public rights of way must be implemented in accordance with the approved
public access management plan.
Restoration of land used temporarily for construction
26. Any land landward of mean low water springs within the Order limits which is used
temporarily for construction of the onshore transmission works and not ultimately incorporated in
permanent works or approved landscaping must be reinstated, in accordance with such details as
Lincolnshire County Council in consultation with the relevant planning authority may approve,
within twelve months of completion of the relevant stage of the onshore transmission works or such
other period as the relevant highway authority may approve.
Onshore decommissioning
27.—(1) The undertaker must notify Lincolnshire County Council of the permanent cessation
of commercial operation of the onshore transmission works within 14 days following the date of
permanent cessation.
(2) Within six months following the permanent cessation of commercial operation of the onshore
transmission works an onshore decommissioning plan in respect of the onshore transmission works
must be submitted to and approved by Lincolnshire County Council in consultation with the relevant
highway authority, the relevant statutory nature conservation body the relevant planning authority
and the Environment Agency.
(3) The decommissioning plan must be implemented as approved.
Control of noise during operational phase
28.—(1) The rating level for the standard operational noise of Work No. 16(a) must not exceed
35 dB L at any time at a position representative of the façade, in free-field conditions, of any
Ar,15 min
building lawfully occupied for residential or accommodation purposes at the date of the granting of
this Order, at each of the following locations—
(a) Woad Farm, Surfleet Bank, Surfleet, Spalding, PE11 4DP (OS: 527809, 330462);
(b) Big Tree Farm, Marsh Drove, Surfleet Marsh, Spalding, PE11 4DW (OS: 528672,
330701);
(c) Hills Farm, Gosberton Bank, Spalding, Gosberton, PE11 4PB (OS: 527338, 331388);
(d) 172 Marsh Road, Sutterton, Boston, PE20 2LT (OS: 528468,332471).
(2) The rating level set out in sub-paragraph (1) are to be measured—
(a) in accordance with British Standard BS 4142:2014+A1:2019, Methods for rating and
assessing industrial and commercial sound; and
(b) with the microphone placed 1.5 metres above the ground in free-field conditions (being at
least 3.5 metres from the nearest vertical reflecting surface).
(3) Work No. 16(a) must not commence operation until a scheme for monitoring compliance
with the rating levels set out in sub-paragraph (1) above has been submitted to and approved by
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Lincolnshire County Council in consultation with the relevant planning authority. The scheme must
identify—
(a) the required meteorological and other conditions under which the measurements will be
taken, acknowledging that data obtained during emergency operation or testing of certain
plant and equipment is not to be taken into account;
(b) suitable monitoring locations (or alternative surrogate locations if appropriate); and
(c) times when the monitoring is to take place,
to demonstrate that the rating levels have been achieved after Work No. 16(a) is operating at full
capacity.
(4) The monitoring scheme must be implemented as approved.
(5) For the purposes of this requirement—
“operating at full capacity” means the ordinary operation of the substations excluding
emergency operation and the testing of plant and equipment associated with emergency
operation.
Control of artificial light emissions during operational phase
29.—(1) Work No. 16(a) must not begin operation until an operational artificial light emissions
management plan (in accordance with the outline operational artificial light emissions management
plan) providing details of artificial light emissions during the operation of Work No. 16(a), including
measures to minimise lighting pollution and the hours of lighting, has been submitted to and
approved by Lincolnshire County Council in consultation with the relevant planning authority.
(2) The approved operational artificial light emissions management plan must be implemented
upon, and maintained during, the operation of Work No. 16(a).
Aviation Lighting
30.—(1) The undertaker must exhibit such lights, with such shape, colour and character as are
required in writing by Air Navigation Order 2016(71) (with any reference to the territorial sea being
read as a reference to the Renewable Energy Zone established under section 84 of the 2004 Act) and/
or determined necessary for aviation safety as directed in writing by the Civil Aviation Authority, in
consultation with the Defence Infrastructure Organisation Safeguarding.
(2) Lighting installed specifically to meet Ministry of Defence aviation safety requirements must
remain operational for the life of the authorised development unless otherwise agreed in writing with
the Ministry of Defence.
Requirement for written approval
31. Where under any of the above requirements the approval or agreement of the Secretary of
State, Lincolnshire County Council or another person is required, that approval or agreement must
be given in writing.
Amendments to approved details
32.—(1) With respect to any requirement which requires the authorised project to be carried
out in accordance with the details approved by Lincolnshire County Council or another person (the
“discharging authority”), the approved details must be carried out as approved unless an amendment
or variation is previously approved in writing by Lincolnshire County Council or that other person
(71) S.I. 2016/765.
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in accordance with sub-paragraph (2) (after consulting any person that the discharging authority is
required to consult under the relevant requirement).
(2) 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
Lincolnshire County Council 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.
(3) The approved details must be taken to include any amendments that may subsequently be
approved in writing by Lincolnshire County Council or that other person.
Skills, supply chain and employment
33.—(1) No stage of the onshore transmission works may commence until a skills, supply chain
and employment plan in relation to that stage has been submitted to and approved by Lincolnshire
County Council following consultation with the relevant planning authority.
(2) Any plan submitted in accordance with this requirement must identify opportunities for
individuals and businesses to access employment and supply chain opportunities associated with
that stage of the onshore transmission works and the means for publicising such opportunities.
(3) The skills, supply chain and employment plan must be implemented as approved.
Cromer and Claxby Radar Mitigation
34.—(1) No part of any wind turbine generator (excluding foundations) is to be erected as part
of the authorised development until a primary radar mitigation scheme agreed in advance with the
operator has been submitted to and approved in writing by the Secretary of State in order to mitigate
the impact of the authorised development on the primary radars of the operator located at Cromer
and Claxby and associated air traffic management operations.
(2) No wind turbine generator blades forming part of the authorised development may be installed
until the approved primary radar mitigation scheme has been implemented and the authorised
development must thereafter be operated fully in accordance with the approved scheme.
(3) For the purpose of sub-paragraphs (1) and (2) above—
“operator” means NATS (En Route) plc, incorporated under the Companies Act (Company
Number 4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hampshire
PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the
nsport Act 2000(72) to provide air traffic services to the relevant managed area (within the
meaning of section 40 of the Transport Act 2000); and
“primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the
operator which sets out the measures to be taken to mitigate the impact of the development
on the primary radars located at Cromer and Claxby and air traffic management operations
of the Operator.
Ministry of Defence Surveillance Operation
35.—(1) No wind turbine generator forming part of the authorised development is permitted to
rotate its rotor blades on its horizontal axis until the Secretary of State, having consulted with the
Ministry of Defence, confirms satisfaction in writing that appropriate mitigation will be implemented
and maintained for the life of the authorised development and that arrangements have been put in
place with the Ministry of Defence to ensure that the approved mitigation is implemented.
(72) 2000 c. 38.
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(2) For the purposes of this requirement—
“appropriate mitigation” means measures to prevent or remove any adverse effects which the
authorised development will have on the air defence radar(s) at Remote Radar Head (RRH)
Staxton Wold and Remote Radar Head (RRH) Neatishead, and the Ministry of Defence’s air
surveillance and control operations;
“approved mitigation” means the detailed Radar Mitigation Scheme (RMS) that will set out
the appropriate measures and timescales for implementation as agreed with the Ministry of
Defence at the time the Secretary of State confirms satisfaction in writing in accordance with
sub-paragraph (1); and
“Ministry of Defence” means the Ministry of Defence as represented by Defence Infrastructure
Organisation – Safeguarding, St George’s House, DIO Head Office, DMS Whittington,
Lichfield, Staffordshire, WS14 9PY or any successor body.
(3) The undertaker must thereafter comply with all other obligations contained within the
approved mitigation for the life of the authorised development.
Biodiversity Net Gain
36.—(1) No stage of the onshore transmission works may commence until a biodiversity net gain
strategy (in accordance with the Biodiversity Net Gain Assessment Report and the outline landscape
and ecological management strategy) has been submitted to and approved by the relevant planning
authority in consultation with the relevant statutory nature conservation body.
(2) The biodiversity net gain strategy must be implemented as approved.
(3) Any remaining shortfall in biodiversity units identified following detailed design must be
secured prior to the construction works being completed.
Wake Effects
37.—(1) No construction of any part of any wind turbine generator may be commenced as part
of the authorised project until either:
(a) a wake effects plan relating to that part of the authorised project has been submitted to and
approved by the Secretary of State following consultation with each of the owners of the
relevant offshore wind farm(s); or
(b) the undertaker has provided evidence to the Secretary of State that alternative mitigation
for wake effects has been agreed with each of the owners of the relevant offshore
windfarms; or
(c) a combination of (1)(a) and (1)(b) is provided to and agreed by the Secretary of State to
ensure that any wake effects of the authorised project on each of the relevant offshore wind
farm(s) are considered.
(2) Any wake effects plan provided in accordance with paragraph (1) must include:
(a) the wake effects from the authorised project on the annual energy production of the
relevant offshore windfarm(s);
(b) details of reasonable steps that have been taken in the final design of the authorised
project or measures which will be applied during the operation of the authorised project (or
a combination of both) to minimise any wake loss effects from the authorised
project on the relevant offshore wind farm(s), provided that this shall not require the
undertaker to materially reduce the capacity of the authorised project;
(c) the timescales for implementation of any wake effect mitigation measures;
(d) any time limits for any wake effect mitigation measures; and
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(e) details of consultation with each of the owners of the relevant offshore windfarm(s) and the
extent of any agreement or disagreement with them regarding whether any design changes
or operational measures could further reduce any wake effect impacts.
(3) In order to facilitate the undertaker’s compliance with the above:
(a) The undertaker must consult with the owners of the relevant offshore wind farm(s) as
early as reasonably practicable to identify the details including relevant wind turbine
generator parameters of their respective projects which may be at risk of wake
loss impacts from the authorised project; and
(b) The owners of the relevant offshore wind farm(s) must make available to the undertaker all
information in their possession reasonably requested by the undertaker in respect of such
details and parameters for the relevant offshore wind farm(s) pursuant to sub-paragraph (3)
(a).
(4) Any approved wake effects plan submitted under this requirement must be implemented as
approved.
(5) The design plan submitted to the MMO under condition 13(1)(a), part 2 of schedule 10 to this
Order must be in accordance with any approved wake effects plan.
(6) For the purposes of this requirement—
“relevant offshore wind farm(s)” means Race Bank offshore wind farm, Dudgeon Offshore
Wind Farm, Hornsea 1 offshore wind farm, Hornsea 2 offshore wind farm, Sheringham Shoal
offshore wind farm, Dudgeon Extension offshore wind farm and Sheringham Shoal Extension
offshore wind farm.
SCHEDULE 2 Article 8
Streets subject to street works
(1) Area (2) Street subject to street works
East Lindsey District Council Roman Bank between points TR1 and TR2, as
shown on sheet 1 of the streets plan.
East Lindsey District Council Ember Lane between points TR3 and TR4, as
shown on sheet 2 of the streets plan.
East Lindsey District Council Langham Road between points TR5 and TR6, as
shown on sheet 3 of the streets plan.
East Lindsey District Council Lowgate Road between points TR7 and TR8, as
shown on sheet 3 and 4 of the streets plan.
East Lindsey District Council A52 between points TR9 and TR10, as shown on
sheet 4 of the streets plan.
East Lindsey District Council Listoff Lane between points TR11 and TR12, as
shown on sheet 5 of the streets plan.
East Lindsey District Council Sloothby High Lane between points TR13 and
TR14, as shown on sheet 5 of the streets plan.
East Lindsey District Council Path between points T13A and T14A, as shown
on sheet 5 of the streets plan.
67Document Generated: 2026-03-20
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(1) Area (2) Street subject to street works
East Lindsey District Council South Ings Lane between points TR15 and
TR16, as shown on sheets 6 and 7 of the streets
plan.
East Lindsey District Council Marsh Lane between points TR17 and TR18, as
shown on sheet 8 of the streets plan.
East Lindsey District Council Ingoldmelis Road between points TR19 and
TR20, as shown on sheet 9 of the streets plan.
East Lindsey District Council Younger’s Lane between points TR21 and TR22,
as shown on sheets 9 and 10 of the streets plan.
East Lindsey District Council Skegness Road between points TR23 and TR24,
as shown on sheets 10 and 11 of the streets plan.
East Lindsey District Council Billgate Lane between points TR25 and TR26,
as shown on sheet 11 of the streets plan.
East Lindsey District Council Middlemarsh Road between points TR27 and
TR28, as shown on sheets 11 and 12 of the streets
plan.
East Lindsey District Council Low Road between points TR29 and TR30, as
shown on sheet 12 of the streets plan.
East Lindsey District Council Pinchbeck Lane between points TR31 and TR32,
as shown on sheet 13 of the streets plan.
East Lindsey District Council Church Lane between points TR33 and TR34, as
shown on sheet 14 of the streets plan.
East Lindsey District Council Croft Lane between points TR35 and TR36, as
shown on sheet 14 of the streets plan.
East Lindsey District Council Burgh Road between points TR37 and TR38, as
shown on sheet 14 of the streets plan.
East Lindsey District Council Wainfleet Road between points TR39 and TR40,
as shown on sheet 15 of the streets plan.
East Lindsey District Council Brewster Lane between points TR41 and TR42,
as shown on sheet 15 and 16 of the streets plan.
East Lindsey District Council Collison Gate between points TR43 and TR44,
as shown on sheet 16 of the streets plan.
East Lindsey District Council Mill Lane between points TR45 and TR46, as
shown on sheet 16 of the streets plan.
East Lindsey District Council Mill Lane between points TR47 and TR48, as
shown on sheet 16 of the streets plan.
East Lindsey District Council Church Lane between points TR49 and TR50, as
shown on sheet 16 and 17 of the streets plan.
East Lindsey District Council Hall Gate (Track) between points TR49A
andTR50A, as shown on sheet 17 of the streets
plan.
68Document Generated: 2026-03-20
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(1) Area (2) Street subject to street works
East Lindsey District Council Scald Gate between points TR51 and TR52, as
shown on sheet 17 of the streets plan.
East Lindsey District Council Burgh Road between points TR53 and TR54, as
shown on sheet 18 of the streets plan.
East Lindsey District Council Fodder Dike Bank between points TR55 and
TR56, as shown on sheet 18 of the streets plan.
East Lindsey District Council Cranberry Lane between points TR57 and TR58,
as shown on sheets 18 and 19 of the streets plan.
East Lindsey District Council Mill Hill between points TR59 and TR60, as
shown on sheet 19 of the streets plan.
East Lindsey District Council Small End Road between points TR61 and
TR62, as shown on sheet 19 of the streets plan.
East Lindsey District Council Skirmore Road between points TR63 and TR64,
as shown on sheets 20 and 21 of the streets plan.
East Lindsey District Council Patman’s Lane between points TR65 and TR66,
as shown on sheet 21 of the streets plan.
East Lindsey District Council Ivery Lane between points TR67 and TR68, as
shown on sheets 21 and 22 of the streets plan.
Boston Borough Council Broad Gate between points TR69 and TR70, as
shown on sheets 22 and 23 of the streets plan.
Boston Borough Council Cragmire Lane between points TR71 and TR72,
as shown on sheet 23 of the streets plan.
Boston Borough Council Common Road between points TR73 and TR74,
as shown on sheet 23 of the streets plan.
Boston Borough Council Manor Lane between points TR75 and TR76, as
shown on sheets 23 and 24 of the streets plan.
Boston Borough Council Sea Dyke between points TR77 and TR78, as
shown on sheet 24 of the streets plan.
Boston Borough Council Church Road between points TR79 and TR80, as
shown on sheet 25 of the streets plan.
Boston Borough Council B1184 between points TR81 and TR82, as
shown on sheet 25 of the streets plan.
Boston Borough Council Cowbroads Lane between points TR83 and
TR84, as shown on sheet 25 of the streets plan.
Boston Borough Council Pode Lane between points TR85 and TR86, as
shown on sheet 25 of the streets plan.
Boston Borough Council Skipmarsh Lane between points TR87 and
TR88, as shown on sheet 26 of the streets plan.
Boston Borough Council Southfields between points TR89 and TR90, as
shown on sheet 26 of the streets plan.
69Document Generated: 2026-03-20
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(1) Area (2) Street subject to street works
Boston Borough Council Ings Drove between points TR91 and TR92, as
shown on sheet 26 of the streets plan.
Boston Borough Council Ings Road between points TR93 and TR94, as
shown on sheet 27 of the streets plan.
Boston Borough Council Boston Longs Hedges between points TR95 and
TR96, as shown on sheets 27 and 28 of the streets
plan.
Boston Borough Council Lowfields Lane between points TR97 and TR98,
as shown on sheet 28 of the streets plan.
Boston Borough Council A52 between points TR97A and TR98A, as
shown on sheets 29 and 30 of the streets plan.
Boston Borough Council Foxhole Lane between points TR99 and TR100,
as shown on sheet 30 of the streets plan.
Boston Borough Council Butterwick Road between points TR101 and
TR102, as shown on sheet 30 of the streets plan.
Boston Borough Council Shore Road between points TR103 and TR104,
as shown on sheet 31 of the streets plan.
Boston Borough Council Church End Road between points TR105 and
TR106, as shown on sheets 31 and 32 of the
streets plan.
Boston Borough Council Clampgate Road between points TR107 and
TR108, as shown on sheets 31 and 32 of the
streets plan.
Boston Borough Council Grovefield Lane between points TR109 and
TR110, as shown on sheet 32 of the streets plan.
Boston Borough Council Grovefield Lane between points TR111 and
TR112, as shown on sheets 32 and 33 of the
streets plan.
Boston Borough Council Cut End Road between points TR113 and
TR114, as shown on sheet 33 of the streets plan.
Boston Borough Council Wood Lane between points TR115 and TR116,
as shown on sheet 33 of the streets plan.
Boston Borough Council Track between points TR115A and TR116A, as
shown on sheet 33 of the streets plan.
Boston Borough Council Wyberton Road between points TR117 and
TR118, as shown on sheets 34 and 35 of the
streets plan.
Boston Borough Council Frampton Roads between points TR119 and
TR120, as shown on sheet 37 of the streets plan.
Boston Borough Council Sandholme Lane between points TR121 and
TR122, as shown on sheet 38 of the streets plan.
70Document Generated: 2026-03-20
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(1) Area (2) Street subject to street works
Boston Borough Council Marsh Lane between points TR123 and TR124,
as shown on sheet 39 of the streets plan.
Boston Borough Council Marsh Road between points TR125 and TR126,
as shown on sheets 39 and 40 of the streets plan.
Boston Borough Council Wash Road between points TR127 and TR128,
as shown on sheets 42 and 43 of the streets plan.
Boston Borough Council A17 between points TR129 and TR130, as
shown on sheet 43 of the streets plan.
Boston Borough Council A17 between points TR129A and TR130A, as
shown on sheet 43 of the streets plan.
South Holland District Council Marsh Drove between points TR131 and TR132,
as shown on sheets 47, 48 and 49 of the streets
plan.
South Holland District Council Marsh Road between points TR133 and TR134,
as shown on sheets 49 and 50 of the streets plan.
East Lindsey District Council Unnamed track between points OT1 and OT2, as
shown on sheet 2 of the streets plan.
East Lindsey District Council Unnamed track between points OT3 and OT4, as
shown on sheets 1 and 2 of the streets plan.
East Lindsey District Council Unnamed track between points OT5 and OT6, as
shown on sheet 3 of the streets plan.
East Lindsey District Council Unnamed track between points OT7 and OT8, as
shown on sheets 3 and 4 of the streets plan.
East Lindsey District Council Unnamed track between points OT9 and OT10,
as shown on sheet 5 of the streets plan.
East Lindsey District Council Unnamed track between points OT11 and OT12,
as shown on sheet 5 of the streets plan.
East Lindsey District Council Unnamed track between points OT13 and OT14,
as shown on sheets 7 and 8 of the streets plan.
East Lindsey District Council Unnamed track between points OT15 and OT16,
as shown on sheets 8 and 9 of the streets plan.
East Lindsey District Council Unnamed track between points OT17 and OT18,
as shown on sheet 9 of the streets plan.
East Lindsey District Council Unnamed track between points OT19 and OT20,
as shown on sheets 9 and 10 of the streets plan.
East Lindsey District Council Unnamed track between points OT21 and OT22,
as shown on sheet 12 of the streets plan.
East Lindsey District Council Unnamed track between points OT22 and
OT22A, as shown on sheet 12 of the streets plan.
East Lindsey District Council Gutheram Drove between points OT23 and
OT24, as shown on sheets 13 and 14 of the streets
plan.
71Document Generated: 2026-03-20
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(1) Area (2) Street subject to street works
East Lindsey District Council Unnamed track between points OT25 and OT26,
as shown on sheet 13 of the streets plan.
East Lindsey District Council Unnamed track between points OT27 and OT28,
as shown on sheet 15 of the streets plan.
East Lindsey District Council Unnamed track between points OT29 and OT30,
as shown on sheet 15 of the streets plan.
Boston Borough Council Unnamed track between points OT31 and OT32,
as shown on sheet 24 of the streets plan.
Boston Borough Council Unnamed track between points OT32 and OT33,
as shown on sheet 24 of the streets plan.
Boston Borough Council Unnamed track between points OT34 and OT35,
as shown on sheet 33 of the streets plan.
Boston Borough Council Unnamed track between points OT36 and OT37,
as shown on sheet 33 of the streets plan.
Boston Borough Council Unnamed track between points OT38 and OT39,
as shown on sheets 33 and 34 of the streets plan.
Boston Borough Council Scalp Road between points OT40 and OT41, as
shown on sheet 34 of the streets plan.
Boston Borough Council Unnamed track between points OT42 and OT43,
as shown on sheets 34 and 35 of the streets plan.
Boston Borough Council Unnamed track between points OT42 and
OT42A, as shown on sheet 34 of the streets plan.
Boston Borough Council Unnamed track between points OT44 and OT45,
as shown on sheet 34 of the streets plan.
Boston Borough Council Unnamed track between points OT46 and OT47,
as shown on sheets 34 and 35 of the streets plan.
Boston Borough Council Unnamed track between points OT48 and OT49,
as shown on sheets 34 and 35 of the streets plan.
Boston Borough Council Unnamed track between points OT50 and OT51,
as shown on sheets 37 and 38 of the streets plan.
Boston Borough Council Unnamed track between points OT52 and OT53,
as shown on sheets 38 of the streets plan.
Boston Borough Council Unnamed track between points OT54 and OT55,
as shown on sheet 40 of the streets plan.
Boston Borough Council Unnamed track between points OT56 and OT57,
as shown on sheets 40 and 41 of the streets plan.
Boston Borough Council Unnamed track between points OT58 and OT59,
as shown on sheets 40 and 41 of the streets plan.
Boston Borough Council Unnamed track between points OT60 and OT61,
as shown on sheet 41 of the streets plan.
72Document Generated: 2026-03-20
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(1) Area (2) Street subject to street works
Boston Borough Council Thompson’s Lane between points OT62 and
OT63, as shown on sheet 42 of the streets plan.
Boston Borough Council Unnamed track between points OT64 and OT65,
as shown on sheet 42 of the streets plan.
Boston Borough Council Pullover Lane between points OT66 and OT67,
as shown on sheets 42 and 43 of the streets plan.
Boston Borough Council Unnamed track between points OT68 and OT69,
as shown on sheet 43 of the streets plan.
Boston Borough Council Smeeton’s Lane between points OT70 and
OT71, as shown on sheet 43 of the streets plan.
Boston Borough Council Unnamed track between points OT72 and OT73,
as shown on sheets 43 and 44 of the streets plan.
Boston Borough Council Unnamed track between points OT74 and OT75,
as shown on sheet 43 of the streets plan.
Boston Borough Council Unnamed track between points OT76 and OT77,
as shown on sheet 43 of the streets plan.
Boston Borough Council Unnamed track between points OT78 and OT79,
as shown on sheets 43 and 44 of the streets plan.
Boston Borough Council Unnamed track between points OT80 and OT81,
as shown on sheet 43 of the streets plan.
Boston Borough Council Unnamed track between points OT82 and OT83,
as shown on sheets 43 and 44 of the streets plan.
South Holland District Council Unnamed track between points OT84 and OT85,
as shown on sheet 45 of the streets plan.
Boston Borough Council Unnamed track between points OT86 and OT87,
as shown on sheet 45 of the streets plan.
South Holland District Council Unnamed track between points OT88 and OT89,
as shown on sheets 45, 47, 48 and 49 of the
streets plan.
South Holland District Council Unnamed track between points OT89 and OT90,
as shown on sheets 47 and 48 of the streets plan.
South Holland District Council Marsh Road between points OT91 and OT92, as
shown on sheet 49 of the streets plan.
South Holland District Council Unnamed track between points OT93 and OT94,
as shown on sheet 48 of the streets plan.
South Holland District Council Unnamed track between points OT95 and OT96,
as shown on sheets 48 and 49 of the streets plan.
South Holland District Council Unnamed track between points OT97 and OT98,
as shown on sheets 46 and 47 of the streets plan.
South Holland District Council Unnamed track between points OT101 and
OT102, as shown on sheet 50 of the streets plan.
73Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
(1) Area (2) Street subject to street works
South Holland District Council Unnamed track between points OT103 and
OT104, as shown on sheets 50 and 51 of the
streets plan.
South Holland District Council Unnamed track between points OT105 and
OT106, as shown on sheets 50 and 51 of the
streets plan.
South Holland District Council Unnamed track between points OT107 and
OT108, as shown on sheet 51 of the streets plan.
SCHEDULE 3 Article 10
Public rights of way to be temporarily closed
(1) Area (2) Public right of (3) Extent of (4) Temporary public
way to be temporarily temporary closure right of way to be
closed substituted
East Lindsey District Public Footpath Approximately 193m Approximately 131m
Council (Hogs/58/2) of the existing Public diversion, shown by
Footpath, to be Closed blue line on sheets 3
– temporary diversion, and 4 of the public
reference Hogs/58/2, rights of way plan.
shown by pink line on
sheets 3 and 4 of the
public rights of way
plan.
East Lindsey District Public Footpath, Approximately 109m Approximately 147m
Council (Hogs/48/1) of the existing Public diversion, shown by a
Footpath, to be Closed blue line on sheets 5
- temporary diversion, and 6 of the public
reference Hogs/48/1, rights of way plan.
shown by a pink line
on sheets 5 and 6 of
the public rights of way
plan.
East Lindsey District Public Footpath, Approximately 39m of Approximately 21m
Council (Crof/276/4) the existing Public diversion shown by a
Footpath, to be Closed blue line on sheet 14 of
- temporary diversion, the public rights of way
reference Crof/276/4, plan.
shown by a pink
line and marked
Crof/276/4, on sheet 14
of the public rights of
way plan.
74Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
SCHEDULE 4 Article 11
Streets to be temporarily closed
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
East Lindsey District Council Roman Bank Approximately 329m of Roman
Bank between points TR1 and
TR2, as shown on sheet 1 of the
streets plan.
East Lindsey District Council Ember Lane Approximately 123m of Ember
Lane between points TR3 and
TR4, as shown on sheet 2 of the
streets plan.
East Lindsey District Council Langham Road Approximately 82m of
Langham Road between points
TR5 and TR6, as shown on
sheet 3 of the streets plan.
East Lindsey District Council Lowgate Road Approximately 84m of
Lowgate Road between points
TR7 and TR8, as shown on
sheets 3 and 4 of the streets
plan.
East Lindsey District Council A52 Approximately 90m of A52
between points TR9 and TR10,
as shown on sheet 4 of the
streets plan.
East Lindsey District Council Listoff Lane Approximately 150m of Listoff
Lane between points TR11 and
TR12, as shown on sheet 5 of
the streets plan.
East Lindsey District Council Sloothby High Lane Approximately 80m of
Sloothby High Lane between
points TR13 and TR14, as
shown on sheet 5 of the streets
plan.
East Lindsey District Council Path Approximately 86m of path
between points T13A and
T14A, as shown on sheet 5 of
the streets plan.
East Lindsey District Council South Ings Lane Approximately 93m of South
Ings Lane between points TR15
and TR16, as shown on sheets 6
and 7 of the streets plan.
East Lindsey District Council Marsh Lane Approximately 82m of Marsh
Lane between points TR17 and
75Document Generated: 2026-03-20
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(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
TR18, as shown on sheet 8 of
the streets plan.
East Lindsey District Council Ingoldmelis Road Approximately 86m of
Ingoldmelis Road between
points TR19 and TR20, as
shown on sheet 9 of the streets
plan.
East Lindsey District Council Younger’s Lane Approximately 106m of
Younger’s Lane between points
TR21 and TR22, as shown on
sheets 9 and 10 of the streets
plan.
East Lindsey District Council Skegness Road Approximately 80m of
Skegness Road between points
TR23 and TR24, as shown on
sheets 10 and 11 of the streets
plan.
East Lindsey District Council Billgate Lane Approximately 80m of Billgate
Lane between points TR25 and
TR26, as shown on sheet 11 of
the streets plan.
East Lindsey District Council Middlemarsh Road Approximately 113m of
Middlemarsh Road between
points TR27 and TR28, as
shown on sheets 11 and 12 of
the streets plan.
East Lindsey District Council Low Road Approximately 80m of Low
Road between points TR29 and
TR30, as shown on sheet 12 of
the streets plan.
East Lindsey District Council Pinchbeck Lane Approximately 79m of
Pinchbeck Lane between points
TR31 and TR32, as shown on
sheet 13 of the streets plan.
East Lindsey District Council Church Lane Approximately 80m of Church
Lane between points TR33 and
TR34, as shown on sheet 14 of
the streets plan.
East Lindsey District Council Croft Lane Approximately 80m of Croft
Lane between points TR35 and
TR36, as shown on sheet 14 of
the streets plan.
East Lindsey District Council Burgh Road Approximately 81m of Burgh
Road between points TR37 and
76Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
TR38, as shown on sheet 14 of
the streets plan.
East Lindsey District Council Wainfleet Road Approximately 85m of
Wainfleet Road between points
TR39 and TR40, as shown on
sheet 15 of the streets plan.
East Lindsey District Council Brewster Lane Approximately 125m of
Brewster Lane between points
TR41 and TR42, as shown on
sheets 15 and 16 of the streets
plan.
East Lindsey District Council Collison Gate Approximately 142m of
Collison Gate between points
TR43 and TR44, as shown on
sheet 16 of the streets plan.
East Lindsey District Council Mill Lane Approximately 140m of Mill
Lane between points TR45 and
TR46, as shown on sheet 16 of
the streets plan.
East Lindsey District Council Mill Lane Approximately 140m of Mill
Lane between points TR47 and
TR48, as shown on sheet 16 of
the streets plan.
East Lindsey District Council Church Lane Approximately 111m of Church
Lane between points TR49 and
TR50, as shown on sheets 16
and 17 of the streets plan.
East Lindsey District Council Hall Gate (Track) Approximately 85m of Hall
Gate (track) between points
TR49A andTR50A, as shown
on sheet 17 of the streets plan.
East Lindsey District Council Scald Gate Approximately 83m of Scald
Gate between points TR51 and
TR52, as shown on sheet 17 of
the streets plan.
East Lindsey District Council Burgh Road Approximately 79m of Burgh
Road between points TR53 and
TR54, as shown on sheet 18 of
the streets plan.
East Lindsey District Council Fodder Dike Bank Approximately 101m of Fodder
Dike Bank between points
TR55 and TR56, as shown on
sheet 18 of the streets plan.
77Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
East Lindsey District Council Cranberry Lane Approximately 81m of
Cranberry Lane between points
TR57 and TR58, as shown on
sheets 18 and 19 of the streets
plan.
East Lindsey District Council Mill Hill Approximately 80m of Mill
Hill between points TR59 and
TR60, as shown on sheet 19 of
the streets plan.
East Lindsey District Council Small End Road Approximately 91m of Small
End Road between points TR61
and TR62, as shown on sheet 19
of the streets plan.
East Lindsey District Council Skirmore Road Approximately 80m of
Skirmore Road between points
TR63 and TR64, as shown on
sheets 20 and 21 of the streets
plan.
East Lindsey District Council Patman’s Lane Approximately 81m of
Patman’s Lane between points
TR65 and TR66, as shown on
sheet 21 of the streets plan.
East Lindsey District Council Ivery Lane Approximately 81m of Ivery
Lane between points TR67 and
TR68, as shown on sheets 21
and 22 of the streets plan.
Boston Borough Council Broad Gate Approximately 80m of Broad
Gate between points TR69 and
TR70, as shown on sheets 22
and 23 of the streets plan.
Boston Borough Council Cragmire Lane Approximately 82m of
Cragmire Lane between points
TR71 and TR72, as shown on
sheet 23 of the streets plan.
Boston Borough Council Common Road Approximately 101m of
Common Road between points
TR73 and TR74, as shown on
sheet 23 of the streets plan.
Boston Borough Council Manor Lane Approximately 81m of Manor
Lane between points TR75 and
TR76, as shown on sheets 23
and 24 of the streets plan.
Boston Borough Council Sea Dyke Approximately 90m of Sea
Dyke between points TR77 and
78Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
TR78, as shown on sheet 24 of
the streets plan.
Boston Borough Council Church Road Approximately 79m of Church
Road between points TR79 and
TR80, as shown on sheet 25 of
the streets plan.
Boston Borough Council B1184 Approximately 80m of B1184
between points TR81 and
TR82, as shown on sheet 25 of
the streets plan.
Boston Borough Council Cowbroads Lane Approximately 81m of
Crowbroads Lane between
points TR83 and TR84, as
shown on sheet 25 of the streets
plan.
Boston Borough Council Pode Lane Approximately 139m of Pode
Lane between points TR85 and
TR86, as shown on sheet 25 of
the streets plan.
Boston Borough Council Skipmarsh Lane Approximately 80m of
Skipmarsh Lane between points
TR87 and TR88, as shown on
sheet 26 of the streets plan.
Boston Borough Council Southfields Approximately 82m of
Southfields between points
TR89 and TR90, as shown on
sheet 26 of the streets plan.
Boston Borough Council Ings Drove Approximately 80m of Ings
Drove between points TR91
and TR92, as shown on sheet 26
of the streets plan.
Boston Borough Council Ings Road Approximately 100m of Ings
Road between points TR93 and
TR94, as shown on sheet 27 of
the streets plan.
Boston Borough Council Boston Longs Hedges Approximately 107m of Boston
Longs Hedges between points
TR95 and TR96, as shown on
sheets 27 and 28 of the streets
plan.
Boston Borough Council Lowfields Lane Approximately 81m of
Lowfields Lane between points
TR97 and TR98, as shown on
sheet 28 of the streets plan.
79Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
Boston Borough Council A52 Approximately 81m of A52
between points TR97A and
TR98A, as shown on sheet 29
and 30 of the streets plan.
Boston Borough Council Foxhole Lane Approximately 153m of
Foxhole Lane between points
TR99 and TR100, as shown on
sheet 30 of the streets plan.
Boston Borough Council Butterwick Road Approximately 83m of
Butterwick Road between
points TR101 and TR102, as
shown on sheet 30 of the streets
plan.
Boston Borough Council Shore Road Approximately 80m of Shore
Road between points TR103
and TR104, as shown on sheet
31 of the streets plan.
Boston Borough Council Church End Road Approximately 80m of Church
End Road between points
TR105 and TR106, as shown on
sheets 31 and 32 of the streets
plan.
Boston Borough Council Clampgate Road Approximately 81m of
Clampgate Road between
points TR107 and TR108, as
shown on sheets 31 and 32 of
the streets plan.
Boston Borough Council Grovefield Lane Approximately 116m of
Grovefield Lane between points
TR109 and TR110, as shown on
sheet 32 of the streets plan.
Boston Borough Council Grovefield Lane Approximately 88m of
Grovefield Lane between points
TR111 and TR112, as shown on
sheets 32 and 33 of the streets
plan.
Boston Borough Council Cut End Road Approximately 80m of Cut End
Road between points TR113
and TR114, as shown on sheet
33 of the streets plan.
Boston Borough Council Wood Lane Approximately 105m of Wood
Lane between points TR115
and TR116, as shown on sheet
33 of the streets plan.
80Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
Boston Borough Council Track Approximately 249m of track
between points TR115A and
TR116A, as shown on sheet 33
of the streets plan.
Boston Borough Council Wyberton Road Approximately 81m of
Wyberton Road between points
TR117 and TR118, as shown on
sheets 34 and 35 of the streets
plan.
Boston Borough Council Frampton Roads Approximately 80m of
Frampton Roads between
points TR119 and TR120, as
shown on sheet 37 of the streets
plan.
Boston Borough Council Sandholme Lane Approximately 85m of
Sandholme Lane between
points TR121 and TR122, as
shown on sheet 38 of the streets
plan.
Boston Borough Council Marsh Lane Approximately 70m of Marsh
Lane between points TR123
and TR124, as shown on sheet
39 of the streets plan.
Boston Borough Council Marsh Road Approximately 82m of Marsh
Road between points TR125
and TR126, as shown on sheets
39 and 40 of the streets plan.
Boston Borough Council Wash Road Approximately 144m of Wash
Road between points TR127
and TR128, as shown on sheets
42 and 43 of the streets plan.
Boston Borough Council A17 Approximately 48 m of A17
between points TR129 and
TR130, as shown on sheet 43 of
the streets plan.
Boston Borough Council A17 Approximately 80m of A17
between points TR129A and
TR130A, as shown on sheet 43
of the streets plan.
South Holland District Council Marsh Drove Approximately 60m of Marsh
Drove between points TR131
and TR132, as shown on sheets
47, 48 and 49 of the streets plan.
81Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
South Holland District Council Marsh Road Approximately 60m of Marsh
Road between points TR133
and TR134, as shown on sheets
49 and 50 of the streets plan.
East Lindsey District Council Track Approximately 60m of track
between points OT1 and OT2,
as shown on sheet 2 of the
streets plan.
East Lindsey District Council Track Approximately 576m of track
between points OT3 and OT4,
as shown on sheets 1 and 2 of
the streets plan.
East Lindsey District Council Track Approximately 81m of track
between points OT5 and OT6,
as shown on sheet 3 of the
streets plan.
East Lindsey District Council Track Approximately 409m of track
between points OT7 and OT8,
as shown on sheets 3 and 4 of
the streets plan.
East Lindsey District Council Track Approximately 11m of track
between points OT9 and OT10,
as shown on sheet 5 of the
streets plan.
East Lindsey District Council Track Approximately 83m of track
between points OT11 and
OT12, as shown on sheet 5 of
the streets plan.
East Lindsey District Council Track Approximately 37m of track
between points OT13 and
OT14, as shown on sheets 7 and
8 of the streets plan.
East Lindsey District Council Track Approximately 244m of track
between points OT15 and
OT16, as shown on sheets 8 and
9 of the streets plan.
East Lindsey District Council Track Approximately 511m of track
between points OT17 and
OT18, as shown on sheet 9 of
the streets plan.
East Lindsey District Council Track Approximately 81m of track
between points OT19 and
OT20, as shown on sheets 9 and
10 of the streets plan.
82Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
East Lindsey District Council Unnamed Approximately 325m of
unnamed road between points
OT21 and OT22, as shown on
sheet 12 of the streets plan.
East Lindsey District Council Track Approximately 155m of track
between points OT22 and
OT22A, as shown on sheet 12
of the streets plan.
East Lindsey District Council Gutheram Drove Approximately 191m of
Gutheram Drove between
points OT23 and OT24, as
shown on sheets 13 and 14 of
the streets plan.
East Lindsey District Council Track Approximately 202m of track
between points OT25 and
OT26, as shown on sheet 13 of
the streets plan.
East Lindsey District Council Track Approximately 227m of track
between points OT27 and
OT28, as shown on sheet 15 of
the streets plan.
East Lindsey District Council Track Approximately 379m of track
between points OT29 and
OT30, as shown on sheet 15 of
the streets plan.
Boston Borough Council Track Approximately 244m of track
between points OT31 and
OT32, as shown on sheet 24 of
the streets plan.
Boston Borough Council Track Approximately 137m of track
between points OT32 and
OT33, as shown on sheet 24 of
the streets plan.
Boston Borough Council Track Approximately 98m of track
between points OT34 and
OT35, as shown on sheet 33 of
the streets plan.
Boston Borough Council Unnamed Approximately 147m of
unnamed road between points
OT36 and OT37, as shown on
sheet 33 of the streets plan.
Boston Borough Council Track Approximately 98m of track
between points OT38 and
83Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
OT39, as shown on sheets 33
and 34 of the streets plan.
Boston Borough Council Scalp Road Approximately 234m of Scalp
Road between points OT40 and
OT41, as shown on sheet 34 of
the streets plan.
Boston Borough Council Track Approximately 368m of track
between points OT42 and
OT43, as shown on sheets 34
and 35 of the streets plan.
Boston Borough Council Track Approximately 217m of track
between points OT42 and
OT42A, as shown on sheet 34
of the streets plan.
Boston Borough Council Track Approximately 132m of track
between points OT44 and
OT45, as shown on sheet 34 of
the streets plan.
Boston Borough Council Track Approximately 143m of track
between points OT46 and
OT47, as shown on sheets 34
and 35 of the streets plan.
Boston Borough Council Unnamed Approximately 77m of
unnamed road between points
OT48 and OT49, as shown on
sheets 34 and 35 of the streets
plan.
Boston Borough Council Unnamed Approximately 95m of
unnamed road between points
OT50 and OT51, as shown on
sheets 37 and 38 of the streets
plan.
Boston Borough Council Track Approximately 167m of track
between points OT52 and
OT53, as shown on sheet 38 of
the streets plan.
Boston Borough Council Path Approximately 112m of path
between points OT54 and
OT55, as shown on sheet 40 of
the streets plan.
Boston Borough Council Track Approximately 563m of track
between points OT56 and
OT57, as shown on sheets 40
and 41 of the streets plan.
84Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
Boston Borough Council Unnamed Approximately 739m of
unnamed road between points
OT58 and OT59, as shown on
sheets 40 and 41 of the streets
plan.
Boston Borough Council Track Approximately 125m of track
between points OT60 and
OT61, as shown on sheet 41 of
the streets plan.
Boston Borough Council Thompson’s Lane Approximately 306m of
Thompson’s Lane between
points OT62 and OT63, as
shown on sheet 42 of the streets
plan.
Boston Borough Council Track Approximately 233m of track
between points OT64 and
OT65, as shown on sheet 42 of
the streets plan.
Boston Borough Council Pullover Lane Approximately 83m of Pullover
Lane between points OT66 and
OT67, as shown on sheets 42
and 43 of the streets plan.
Boston Borough Council Track Approximately 124m of track
between points OT68 and
OT69, as shown on sheet 43 of
the streets plan.
Boston Borough Council Smeeton’s Lane Approximately 107m of
Smeeton’s Lane between points
OT70 and OT71, as shown on
sheet 43 of the streets plan.
Boston Borough Council Unnamed Approximately 1664m of
unnamed road between points
OT72 and OT73, as shown on
sheets 43 and 44 of the streets
plan.
Boston Borough Council Track Approximately 45m of track
between points OT74 and
OT75, as shown on sheet 43 of
the streets plan.
Boston Borough Council Track Approximately 26m of track
between points OT76 and
OT77, as shown on sheet 43 of
the streets plan.
85Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
Boston Borough Council Unnamed Approximately 80m of
unnamed road between points
OT78 and OT79, as shown on
sheets 43 and 44 of the streets
plan.
Boston Borough Council Track Approximately 59m of track
between points OT80 and
OT81, as shown on sheet 43 of
the streets plan.
Boston Borough Council Unnamed Approximately 1920m of
unnamed road between points
OT82 and OT83, as shown on
sheet 43 and 44 of the streets
plan.
South Holland District Council Track Approximately 331m of track
between points OT84 and
OT85, as shown on sheet 45 of
the streets plan.
Boston Borough Council Track Approximately 205m of track
between points OT86 and
OT87, as shown on sheet 45 of
the streets plan.
South Holland District Council Unnamed Approximately 789m of
unnamed road between points
OT88 and OT89, as shown on
sheets 45, 47, 48 and 49 of the
streets plan.
South Holland District Council Unnamed Approximately 1387m of
unnamed road between points
OT89 and OT90, as shown on
sheets 47 and 48 of the streets
plan.
South Holland District Council Marsh Road Approximately 444m of Marsh
Road between points OT91 and
OT92, as shown on sheet 49 of
the streets plan.
South Holland District Council Unnamed Approximately 388m of
unnamed road between points
OT93 and OT94, as shown on
sheet 48 of the streets plan.
South Holland District Council Unnamed Approximately 140m of
unnamed road between points
OT95 and OT96, as shown on
sheets 48 and 49 of the streets
plan.
86Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Street to be temporarily (3) Extent of temporary
closed closure, alteration or
diversion
South Holland District Council Track Approximately 627m of track
between points OT97 and
OT98, as shown on sheets 46
and 47 of the streets plan.
South Holland District Council Unnamed Approximately 89m of
unnamed road between points
OT101 and OT102, as shown
on sheet 50 of the streets plan.
South Holland District Council Track Approximately 287m of track
between points OT103 and
OT104, as shown on sheets 50
and 51 of the streets plan.
South Holland District Council Unnamed Approximately 1953m of
unnamed road between points
OT105 and OT106, as shown
on sheets 50 and 51 of the
streets plan.
South Holland District Council Track Approximately 260m of track
between points OT107 and
OT108, as shown on sheet 51 of
the streets plan.
SCHEDULE 5 Article 12
Access to works
(1) Area (2) Description of access
East Lindsey District Council Construction Access Point to the south from
Roman Bank and marked at point AC-01 on
sheet 1 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the north from A52
West of Hogsthorpe and marked at point AC-02
on sheet 4 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the south from A52
West of Hogsthorpe and marked at point AC-03
on sheet 4 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the north from
Listoft Lane and marked at point AC-04 on sheet
5 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the south from
Listoft Lane and marked at point AC-05 on sheet
5 of 51 of the access to works plan.
87Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Description of access
East Lindsey District Council Construction Access Point to the north from
Sloothby High Lane and marked at point AC-06
on sheet 5 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the south from
Sloothby High Lane and marked at point AC-07
on sheet 5 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the north from
South Ings Lane and marked at point AC-08 on
sheets 6 and 7 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the south from
South Ings Lane and marked at point AC-09 on
sheets 6 and 7 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the north from
Marsh Lane and marked at point AC-10 on sheet
8 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the south from
Marsh Lane and marked at point AC-11 on
sheets 7 and 8 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the north from
Younger’s Lane and marked at point AC-11B on
sheets 9 and 10 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the North from
A158 Skegness Road and marked at point AC-12
on sheets 10 and 11 of 51 of the access to works
plan.
East Lindsey District Council Construction Access Point to the South from
A158 Skegness Road and marked at point AC-13
on sheets 10 and 11 of 51 of the access to works
plan.
East Lindsey District Council Construction Access Point to the North from
Low Road and marked at point AC-14 on sheets
12 and 13 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the South from
A52 Croft Bank and marked at point AC-15 on
sheet 13 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the north from
Church Lane and marked at point AC-16 on
sheet 14 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the south from
Church Lane and marked at point AC-17 on
sheet 14 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the South from
Wainfleet Road and marked at point AC-18 on
sheet 15 of 51 of the access to works plan.
88Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Description of access
East Lindsey District Council Construction Access Point to the North from
Wainfleet Road and marked at point AC-19 on
sheet 15 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the North from
Brewster Lane and marked at point AC-20 on
sheets 15 and 16 of 51 of the access to works
plan.
East Lindsey District Council Construction Access Point to the South from
Brewster Lane and marked at point AC-21 on
sheets 15 and 16 of 51 of the access to works
plan.
East Lindsey District Council Construction Access Point to the North from
Collision Gate and marked at point AC-22 on
sheet 16 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the South from
Collision Gate and marked at point AC-23 on
sheet 16 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the North from
Mill Lane and marked at point AC-24 on sheet
16 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the North from
Scaldgate and marked at point AC-25 on sheet
17 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the South from
Scaldgate and marked at point AC-26 on sheet
17 of 51 of the access to works plan.
East Lindsey District Council Construction Access Point to the North from Fen
Bank and marked at point AC-27 on sheet 18 of
51 of the access to works plan.
East Lindsey District Council Construction Access Point to the South from Fen
Bank and marked at point AC-28 on sheet 18 of
51 of the access to works plan.
East Lindsey District Council Construction Access Point to the North from
Howgarth Lane and marked at point AC-29 on
sheet 20 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the North from
Common Road and marked at point AC-30 on
sheet 23 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the South from
Common Road and marked at point AC-31 on
sheet 23 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the North from
Ings Road and marked at point AC-32 on sheet
27 of 51 of the access to works plan.
89Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Description of access
Boston Borough Council Construction Access Point to the South from
Ings Road and marked at point AC-33 on sheet
27 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the North from
A52 and marked at point AC-34 on sheets 29 and
30 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the South from
A52 and marked at point AC-35 on sheets 29 and
30 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the North from Cut
End Road and marked at point AC-36 on sheet
33 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the South from Cut
End Road and marked at point AC-37 on sheet
33 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the South from
Pinfold Lane and marked at point AC-38 on
sheet 33 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the North from
Millfields Lane East and marked at point AC-39
on sheet 36 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the North from
Wyberton Roads and marked at point AC-40 on
sheets 34 and 35 of 51 of the access to works
plan.
Boston Borough Council Construction Access Point to the South from
Wyberton Roads and marked at point AC-41 on
sheets 34 and 35 of 51 of the access to works
plan.
Boston Borough Council Construction Access Point to the North from
Marsh Road and marked at point AC-42 on
sheets 39 and 40 of 51 of the access to works
plan.
Boston Borough Council Construction Access Point to the South from
Marsh Road and marked at point AC-43 on
sheets 39 and 40 of 51 of the access to works
plan.
Boston Borough Council Construction Access Point to the North from
Cravens Lane and marked at point AC-44 on
sheet 42 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the North from
Wash Road and marked at point AC-45 on sheets
42 and 43 of 51 of the access to works plan.
90Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Area (2) Description of access
Boston Borough Council Construction Access Point to the South from
Wash Road and marked at point AC-46 on sheets
42 and 43 of 51 of the access to works plan.
Boston Borough Council Construction Access Point to the South from
Surfleet Bank (A17) and marked at point AC-47
on sheet 43 of 51 of the access to works plan.
South Holland District Council Construction Access Point to the North from
Surfleet Bank (A16) and marked at point AC-48
on sheet 47 of 51 of the access to works plan.
South Holland District Council Construction Access Point to the North from
Marsh Road and marked at point AC-49 on
sheets 49 and 50 of 51 of the access to works
plan.
South Holland District Council Construction Access Point to the South from
Marsh Road and marked at point AC-50 on
sheets 49 and 50 of 51 of the access to works
plan.
Boston Borough Council Construction Access Point to the South from
A17 and marked at point AC-51 on sheet 43 of
51 of the access to works plan
Boston Borough Council Construction Access Point to the South from
A17 and marked at point AC-52 on sheet 43 of
51 of the access to works plan
South Holland District Council Construction Access Point to the South from
Marsh Road and marked at point AC-53 on sheet
49 of 51 of the access to works plan
SCHEDULE 6 Article 15
Traffic regulation
PART 1
East Lindsey District Council
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Roman Bank Approximately 493m of road Prohibition of vehicle access at
between points TRO1A and any time.
TRO2A as shown on sheet 1 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
91Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Ember Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO1 and any time.
TRO2 as shown on sheet 2 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Langham Road Approximately 400m of road Prohibition of vehicle access at
between points TRO3 and any time.
TRO4 as shown on sheet 3 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Lowgate Road Approximately 400m of road Prohibition of vehicle access at
between points TRO5 and any time.
TRO6 as shown on sheets 3 and
4 of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
A52 (Hogsthorpe) Approximately 450m of road Prohibition of vehicle access at
between points TRO7A and any time.
TRO8A as shown on sheet 4 of
the traffic regulation order plan.
92Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Listoff Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO7 and any time.
TRO8 as shown on sheet 5 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Sloothby High Lane Approximately 530m of Prohibition of vehicle access at
road between points TRO9 any time.
andTRO10 as shown on sheet
5 of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Path Approximately 86m of road Prohibition of vehicle access at
between points TRO9A and any time.
TRO10A as shown on sheet 5 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
93Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
South Ings Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO11 and any time.
TRO12 as shown on sheet 7 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Marsh Lane Approximately 662m of road Prohibition of vehicle access at
between points TRO13 and any time.
TRO14 as shown on sheets 7
and 8 of the traffic regulation No waiting restriction between
order plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Ingoldmells Road Approximately 470m of road Prohibition of vehicle access at
between points TRO15 and any time.
TRO16 as shown on sheet 9 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Younger’s Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO17 and any time.
TRO18 as shown on sheets 9
and 10 of the traffic regulation No waiting restriction between
order plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
94Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
authority, for the duration
of the construction of the
authorised project.
Skegness Road (A158) Approximately 541m of road Prohibition of vehicle access at
between points TRO19 and any time.
TRO20 as shown on sheet 11 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 40mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Billgate Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO21 and any time.
TRO22 as shown on sheet 11 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Middlemarsh Road Approximately 400m of road Prohibition of vehicle access at
between points TRO23 and any time.
TRO24 as shown on sheet 12 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Low Road Approximately 400m of road Prohibition of vehicle access at
between points TRO25 and any time.
TRO26 as shown on sheet 12 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
95Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Church Lane Approximately 488m of road Prohibition of vehicle access at
between points TRO27 and any time.
TRO28 as shown on sheet 14 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
A52 (Croft) Approximately 200m of road Prohibition of vehicle access at
between points TRO29 and any time.
TRO30 as shown on sheet 13 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 40mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Wainfleet Road (B1195) Approximately 826m of road Prohibition of vehicle access at
between points TRO31 and any time.
TRO32 as shown on sheet 15 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Brewster Lane Approximately 795m of road Prohibition of vehicle access at
between points TRO33 and any time.
TRO34 as shown on sheet 16 of
the traffic regulation order plan.
96Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Collison Gate Approximately 472m of road Prohibition of vehicle access at
between points TRO35 and any time.
TRO36 as shown on sheet 16 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Mill Lane Approximately 429m of road Prohibition of vehicle access at
between points TRO37 and any time.
TRO38 as shown on sheet 16 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Church Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO39 and any time.
TRO40 as shown on sheet 17 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
97Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Hall Gate (Track) Approximately 85m of road Prohibition of vehicle access at
between points TRO39A and any time.
TRO40A as shown on sheet 17
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Scald Gate Approximately 401m of road Prohibition of vehicle access at
between points TRO41 and any time.
TRO42 as shown on sheet 17 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Burgh Road Approximately 500m of road Prohibition of vehicle access at
between points TRO43 and any time.
TRO44 as shown on sheet 18 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Fen Bank (Fodder Dike) Approximately 400m of road Prohibition of vehicle access at
between points TRO45 and any time.
TRO46 as shown on sheet 18 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
98Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
authority, for the duration
of the construction of the
authorised project.
Cranberry Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO47 and any time.
TRO48 as shown on sheet 19 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Mill Hill Approximately 400m of road Prohibition of vehicle access at
between points TRO49 and any time.
TRO50 as shown on sheet 19 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Howgarth Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO51 and any time.
TRO52 as shown on sheet 20 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Skirmore Road Approximately 200m of road Prohibition of vehicle access at
between points TRO51A and any time.
TRO52A as shown on sheet 20
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
99Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Skirmore Road Approximately 400m of road Prohibition of vehicle access at
between points TRO53 and any time.
TRO54 as shown on sheet 20 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Patman’s Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO55 and any time.
TRO56 as shown on sheet 21 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Ivery Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO57 and any time.
TRO58 as shown on sheets 21
and 22 of the traffic regulation No waiting restriction between
order plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Broad Gate Approximately 400m of road Prohibition of vehicle access at
between points TRO59 and any time.
TRO60 as shown on sheet 23 of
the traffic regulation order plan.
100Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Cragmire Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO61 and any time.
TRO62 as shown on sheet 23 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Common Road Approximately 400m of road Prohibition of vehicle access at
between points TRO63 and any time.
TRO64 as shown on sheet 23 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Manor Lane Approximately 460m of road Prohibition of vehicle access at
between points TRO65 and any time.
TRO66 as shown on sheet 24 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
101Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Sea Dyke Approximately 390m of road Prohibition of vehicle access at
between points TRO67 and any time.
TRO68 as shown on sheet 24 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Church Road Approximately 500m of road Prohibition of vehicle access at
between points TRO69 and any time.
TRO70 as shown on sheet 25 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
B1184 Approximately 400m of road Prohibition of vehicle access at
between points TRO71 and any time.
TRO72 as shown on sheet 25 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Cowbroads Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO73 and any time.
TRO74 as shown on sheet 25 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
102Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
authority, for the duration
of the construction of the
authorised project.
Pode Lane Approximately 408m of road Prohibition of vehicle access at
between points TRO75 and any time.
TRO76 as shown on sheet 25 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Skipmarsh Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO77 and any time.
TRO78 as shown on sheet 26 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Southfields Approximately 400m of road Prohibition of vehicle access at
between points TRO79 and any time.
TRO80 as shown on sheet 26 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Ings Drove Approximately 400m of road Prohibition of vehicle access at
between points TRO81 and any time.
TRO82 as shown on sheet 26 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
103Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Ings Road Approximately 400m of road Prohibition of vehicle access at
between points TRO83 and any time.
TRO84 as shown on sheet 27 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Boston Longs Hedges Approximately 400m of road Prohibition of vehicle access at
between points TRO85 and any time.
TRO86 as shown on sheet 27 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Lowfields Lane Approximately 448m of road Prohibition of vehicle access at
between points TRO87 and any time.
TRO88 as shown on sheet 28 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
A52 (Butterwick) Approximately 400m of road Prohibition of vehicle access at
between points TRO89 and any time.
TRO90 as shown on sheet 30 of
the traffic regulation order plan.
104Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 40mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Foxhole Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO91 and any time.
TRO92 as shown on sheet 30 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Butterwick Road Approximately 400m of road Prohibition of vehicle access at
between points TRO93 and any time.
TRO94 as shown on sheet 30 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Shore Road Approximately 396m of road Prohibition of vehicle access at
between points TRO95 and any time.
TRO96 as shown on sheet 31 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
105Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Church End Road Approximately 400m of road Prohibition of vehicle access at
between points TRO97 and any time.
TRO98 as shown on sheet 31 of
the traffic regulation order plan. No waiting restriction between
7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Clampgate Road Approximately 400m of road Prohibition of vehicle access at
between points TRO99 and any time.
TRO100 as shown on sheet 32
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Grovefield Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO101 and any time.
TRO102 as shown on sheet 32
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Grovefield Lane Approximately 550m of road Prohibition of vehicle access at
between points TRO103 and any time.
TRO104 as shown on sheets 32
and 33 of the traffic regulation No waiting restriction between
order plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
106Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
authority, for the duration
of the construction of the
authorised project.
Pinfold Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO105 and any time.
TRO106 as shown on sheet 33
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Cut End Road Approximately 400m of road Prohibition of vehicle access at
between points TRO107 and any time.
TRO108 as shown on sheet 33
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Wood Lane Approximately 382m of road Prohibition of vehicle access at
between points TRO109 and any time.
TRO110 as shown on sheet 33
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Wyberton Road Approximately 587m of road Prohibition of vehicle access at
between points TRO111 and any time.
TRO112 as shown on sheet 35
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
107Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Frampton Roads Approximately 400m of road Prohibition of vehicle access at
between points TRO113 and any time.
TRO114 as shown on sheet 37
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Millfield Lane East Approximately 400m of road Prohibition of vehicle access at
between points TRO115 and any time.
TRO116 as shown on sheet 36
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Sandholme Lane Approximately 400m of road Prohibition of vehicle access at
between points TRO117 and any time.
TRO118 as shown on sheet 38
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Marsh Lane Approximately 79m of road Prohibition of vehicle access at
between points TRO117A and any time.
TRO118A as shown on sheet
108Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
39 of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Marsh Road Approximately 400m of road Prohibition of vehicle access at
between points TRO119 and any time.
TRO120 as shown on sheet 39
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Wash Road Approximately 400m of road Prohibition of vehicle access at
between points TRO121 and any time.
TRO122 as shown on sheets 42
and 43 of the traffic regulation No waiting restriction between
order plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
South Holland District Council
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Surfleet Bank Approximately 250m of road Prohibition of vehicle access at
between points TRO127 and any time.
TRO128 as shown on sheet 47
of the traffic regulation order No waiting restriction between
plan. 7.00am and 7.00pm on
Monday to Sunday.
109Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Marsh Drove Approximately 400m of road Prohibition of vehicle access at
between points TRO123 and any time.
TRO124 as shown on sheets 48
and 49 of the traffic regulation No waiting restriction between
order plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
Marsh Road Approximately 400m of road Prohibition of vehicle access at
between points TRO125 and any time.
TRO126 as shown on sheets 49
and 50 of the traffic regulation No waiting restriction between
order plan. 7.00am and 7.00pm on
Monday to Sunday.
Speed limit to be reduced
to 30mph, or to such other
speed agreed by the traffic
authority, for the duration
of the construction of the
authorised project.
PART 2
South Holland District Council
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
A16 (Surfleet Bank junction) Approximately 400m of road Speed limit to be reduced
between points TRO129 and to 40mph, or to such other
TRO 130 as shown on sheet 47 speed agreed by the traffic
of the traffic regulation order authority, for the duration of the
plan. construction of the authorised
project.
110Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
Boston Borough Council
(1) Road (2) Extent as shown on the (3) Note
traffic regulation order plan
A17 Fosdyke Bridge Approximately 650m of road Speed limit to be reduced
between points TRO131 and to 40mph, or to such other
TRO 132 as shown on sheet 43 speed agreed by the traffic
of the traffic regulation order authority, for the duration of the
plan. construction of the authorised
project.
SCHEDULE 7 Article 20
Land in which only new rights etc. may be acquired
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
01-001, 01-002 A.All rights and restrictions necessary for the undertaker
and/or those authorised by the undertaker—
1. to install the cables by the use of directional drilling
or other trenchless techniques only;
2. to retain and use the cables for the purposes of the
transmission of electricity and telecommunications;
3. to benefit from continuous vertical and lateral support
for the cables;
B. A restrictive covenant over the land for the benefit of
the remainder of the Order land to—
(a) prevent anything being done in or upon the land or
any part thereof for the purposes of—
(i) the construction of any buildings; or
(ii) the hard surfacing of the land;
(b) prevent the planting of any trees or shrubs on
the land without the consent in writing of the
undertaker (such consent not to be unreasonably
withheld or delayed provided that the proposed
trees, or shrubs would not cause damage to the
relevant part of the authorised development nor
make it materially more difficult to maintain
or to access the relevant part of the authorised
development);
(c) prevent the carrying out of any excavations or
works or agricultural practices to a depth greater
than 0.75 metre from the surface of the land,
without the consent in writing of the undertaker
(such consent not to be unreasonably withheld or
delayed, with consent for trench digging requests
111Document Generated: 2026-03-20
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(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
relating to waterlogging to be determined within
24 hours, if the proposed activity would not cause
damage to the relevant part of the authorised
development nor make it materially more difficult
to access or maintain the authorised development)
provided that (for the avoidance of doubt)—
(i) ordinary agricultural practices including but
not limited to acts of cultivation including
soil preparation, ploughing and sub-soiling,
not exceeding 0.75 metre in depth from
the surface of the land, do not require the
consent of the undertaker; and
(ii) flushing of land drainage systems,
maintenance of outfalls and culverts of land
drainage systems, clearance of vegetation
(by use of machinery or by hand) and the
operation of existing land drainage systems
do not require the consent of the undertaker
provided that no excavations take place to a
depth greater than 0.75 metre.
01-004, 01-005, 01-006, 01-007, A. All rights and restrictions necessary for the
01-008, 01-009 undertaker and/or those authorised by the undertaker—
1. to install the cables by the use of directional drilling
or other trenchless techniques only;
2. to retain and use the cables for the purposes of the
transmission of electricity and telecommunications;
3. to benefit from continuous vertical and lateral support
for the cables;
B. A restrictive covenant over the land for the benefit of
the remainder of the Order land to—
(d) prevent anything being done in or upon the land or
any part thereof for the purposes of—
(i) the construction of any buildings; or
(ii) the hard surfacing of the land;
(e) prevent the planting of any trees or shrubs on
the land without the consent in writing of the
undertaker (such consent not to be unreasonably
withheld or delayed provided that the proposed
trees, or shrubs would not cause damage to the
relevant part of the authorised development nor
make it materially more difficult to maintain
or to access the relevant part of the authorised
development);
(f) prevent the carrying out of any excavations or
works or agricultural practices to a depth greater
than 0.75 metre from the surface of the land,
112Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
without the consent in writing of the undertaker
(such consent not to be unreasonably withheld or
delayed, with consent for trench digging requests
relating to waterlogging to be determined within
24 hours, if the proposed activity would not cause
damage to the relevant part of the authorised
development nor make it materially more difficult
to access or maintain the authorised development)
provided that (for the avoidance of doubt)—
(i) ordinary agricultural practices including but
not limited to acts of cultivation including
soil preparation, ploughing and sub-soiling,
not exceeding 0.75 metre in depth from
the surface of the land, do not require the
consent of the undertaker; and
(ii) flushing of land drainage systems,
maintenance of outfalls and culverts of land
drainage systems, clearance of vegetation
(by use of machinery or by hand) and the
operation of existing land drainage systems
do not require the consent of the undertaker
provided that no excavations take place to a
depth greater than 0.75 metre.
01-010, 01-013, 01-014, 01-015, A. All rights and restrictions necessary for the
01-016 undertaker and/or those authorised by the undertaker
to enter onto, pass and repass and remain on the land
with or without all necessary plant, vehicles, machinery,
materials, drilling fluids, apparatus, temporary structures
and equipment and—
1 the right to install the cables by way of (but not limited
to) digging trenches, the use of directional drilling, auger
boring, thrust boring, micro tunnelling or pipe ramming
or other similar trenchless techniques;
2. the right to retain and use the cables and jointing
installations for the purposes of the transmission of
electricity and telecommunications;
3. the right to benefit from continuous vertical and
lateral support for the cables and jointing installations;
4. the right to benefit from continuous vertical and
lateral support for the pipes, cables, conduits, service
media and apparatus installed in, under, or over the land;
5. the right to carry out terrestrial work activities;
6. the right to access adjoining land and highway;
113Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
7. the right to place and use plant, vehicles, machinery,
materials, drilling fluids, apparatus, equipment and
temporary structures on and within the land;
8. the right to remove and discharge water from the land;
9. the right to remove, store and stockpile materials
(including excavated material) within the land;
10. the right to retain, maintain, straighten, widen,
repair, alter, upgrade and use existing access routes for
the purposes of accessing the land, adjoining land and
highway;
11. the right to erect temporary signage and provide
measures for the benefit of public and personnel safety;
12. the right to fell, prune, cut, coppice, alter, lop, uproot
and replant trees, shrubs and hedges, and remove roots
of trees, shrubs and hedges;
13. the right to install, execute, implement, retain,
repair, improve, renew, remove, relocate and plant
trees, woodland, shrubs, hedgerows, seeding and other
ecological measures together with the right to maintain,
inspect and replant trees, shrubs and landscaping;
14. the right to install, execute, implement, retain,
repair, improve, renew, relocate, maintain and carry
out mitigation, maintenance, remediation and/or
enhancement works;
15. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove pipes, cables, conduits, service media or
apparatus that are used for the purposes of transmitting
or distributing electricity, communications, gas, oil,
water supply, sewerage and drainage (including the
pipes, cables, conduits, service media or apparatus of
statutory undertakers);
16. the right to remove archaeological artefacts where
they would prevent or cause it to be materially more
difficult to undertake terrestrial work activities or where
leaving such archaeological artefacts in situ would
materially increase the cost of the terrestrial work
activities;
114Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
17. the right to remove fences, hedges, gates or other
barriers during any period during which terrestrial work
activities are being undertaken (subject to the prior
erection of any temporary stock proof fencing as is
reasonably required) and the replacement, replanting or
re-instatement of fences, hedges or other barriers;
18. the right to carry out surveys including for site
investigation and environmental surveys (including
without prejudice to the generality of the foregoing,
topographic, drainage, archaeological, geotechnical,
geoenvironmental, ecological and ground stability site
investigations and surveys), making of boreholes, trial
pits and archaeological trenches and field stripping,
auger hole sampling and the taking of soil and other
samples;
19. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove cable marker posts to identify the location
of the cables as required for routine integrity testing;
20. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove temporary access roads, hard standing
and other surface materials including (but not limited
to) matting, aggregate, trackway, stone, tarmacadam,
terram;
21. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove public and private drains, watercourses,
sewers, ponds or culverts, and to drain into and
manage waterflows in any public and private drains,
watercourses, sewers, ponds or culverts including (but
not limited to) by way of damming and overpumping;
22. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation,
replace and remove supporting or protective structures
(including the bridging over of or protection of the
apparatus of the statutory undertakers);
115Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
23. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove temporary haul roads;
24. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove temporary welfare facilities (including
but not limited to portakabins, portaloos and welfare
equipment);
25. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove fencing, gates, walls, barriers or other
means of enclosure;
B. A restrictive covenant over the land for the benefit of
the remainder of the Order land to—
(g) prevent anything being done in or upon the land or
any part thereof for the purposes of—
(i) the construction of any buildings; or
(ii) the hard surfacing of the land;
(h) prevent the planting of any trees or shrubs on
the land without the consent in writing of the
undertaker (such consent not to be unreasonably
withheld or delayed provided that the proposed
trees, or shrubs would not cause damage to the
relevant part of the authorised development nor
make it materially more difficult to maintain
or to access the relevant part of the authorised
development);
(i) prevent the carrying out of any excavations or
works or agricultural practices to a depth greater
than 0.75 metre from the surface of the land,
without the consent in writing of the undertaker
(such consent not to be unreasonably withheld or
delayed, with consent for trench digging requests
relating to waterlogging to be determined within
24 hours, if the proposed activity would not cause
damage to the relevant part of the authorised
development nor make it materially more difficult
to access or maintain the authorised development)
provided that (for the avoidance of doubt)—
(i) ordinary agricultural practices including but
not limited to acts of cultivation including
soil preparation, ploughing and sub-soiling,
116Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
not exceeding 0.75 metre in depth from
the surface of the land, do not require the
consent of the undertaker; and
(ii) flushing of land drainage systems,
maintenance of outfalls and culverts of land
drainage systems, clearance of vegetation
(by use of machinery or by hand) and the
operation of existing land drainage systems
do not require the consent of the undertaker
provided that no excavations take place to a
depth greater than 0.75 metre.
01-017, 01-017a, 01-018, 02-006, A. All rights and restrictions necessary for the
02-007, 02-008, 02-009, 02-010, undertaker and/or those authorised by the undertaker
02-011, 02-012, 02-013, 03-008, to enter onto, pass and repass and remain on the land
03-009, 03-010, 03-013, 03-015, with or without all necessary plant, vehicles, machinery,
03-016, 03-017, 03-018, 03-021, materials, drilling fluids, apparatus, temporary structures
03-022, 03-025, 03-026, 03-028, and equipment and—
03-029, 03-030, 04-004, 04-006,
04-011, 04-012, 04-016, 04-017, 1. the right to install the cables by way of (but not
04-018, 04-019, 04-020, 04-021, limited to) digging trenches, the use of directional
04-023, 05-002, 05-003, 05-004, drilling, auger boring, thrust boring, micro tunnelling or
05-006, 05-007, 05-008, 05-009, pipe ramming or other similar trenchless techniques;
05-010, 05-011, 05-014, 05-015,
05-016, 05-017, 05-018, 05-021, 2. the right to retain and use the cables and jointing
06-001, 06-002, 06-005, 06-007, installations for the purposes of the transmission of
06-008, 06-010, 06-012, 06-017, electricity and telecommunications;
06-018, 06-019, 06-021, 07-003,
07-005, 07-006, 07-007, 08-004, 3. the right to benefit from continuous vertical and
08-005, 08-006, 08-007, 08-013, lateral support for the cables and jointing installations;
08-014, 08-015, 08-016, 09-002,
09-003, 09-004, 09-004a, 09-004b, 4. the right to benefit from continuous vertical and
09-006, 09-011, 09-018, 09-018a, lateral support for the pipes, cables, conduits, service
09-022, 10-002, 10-004, 10-005, media and apparatus installed in, under, or over the land;
10-006, 10-011, 10-012, 10-016,
10-017, 10-018, 11-003, 11-006, 5. the right to carry out terrestrial work activities;
11-007, 11-008, 11-010, 11-012,
11-015, 11-016, 11-017, 11-018, 6. the right to access adjoining land and highway;
11-019, 11-020, 11-021, 11-022,
11-023, 12-006, 12-007, 12-008, 7. the right to place and use plant, vehicles, machinery,
12-009, 12-010, 12-012, 12-013, materials, drilling fluids, apparatus, equipment and
12-018, 12-019, 12-020, 13-001, temporary structures on and within the land;
13-002, 13-003, 13-004, 13-010,
13-011, 13-018, 13-019, 13-020, 8. the right to remove and discharge water from the land;
13-021, 14-004, 14-005, 14-006,
14-007, 14-008, 14-009, 14-011, 9. the right to remove, store and stockpile materials
14-012, 14-013, 14-014, 14-015, (including excavated material) within the land;
15-004, 15-006, 15-007, 15-008,
15-009, 15-010, 15-011, 15-012, 10. the right to retain, maintain, straighten, widen,
15-013, 15-015, 15-016, 15-041, repair, alter, upgrade and use existing access routes for
15-042, 15-043, 15-044, 15-046,
117Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
15-047, 15-048, 15-049, 15-050, the purposes of accessing the land, adjoining land and
15-053, 15-054, 15-055, 15-056, highway;
15-057, 16-003, 16-004, 16-005,
16-006, 16-007, 16-009, 16-010, 11. the right to erect temporary signage and provide
16-011, 16-012, 16-013, 16-014, measures for the benefit of public and personnel safety;
16-015, 16-016, 16-020, 16-021,
16-022, 16-023, 16-024, 16-025, 12. the right to fell, prune, cut, coppice, alter, lop, uproot
16-027, 16-029, 16-030, 16-031, and replant trees, shrubs and hedges, and remove roots
17-001, 17-002, 17-003, 17-006, of trees, shrubs and hedges;
17-007, 17-008, 17-009, 17-010,
17-011, 17-012, 17-013, 17-014, 13. the right to install, execute, implement, retain,
17-015, 17-016, 17-018, 17-021, repair, improve, renew, remove, relocate and plant
17-022, 17-023, 17-024, 17-026, trees, woodland, shrubs, hedgerows, seeding and other
17-027, 17-028, 17-029, 17-030, ecological measures together with the right to maintain,
17-034, 17-035, 18-001, 18-002, inspect and replant trees, shrubs and landscaping;
18-003, 18-004, 18-005, 18-006,
18-007, 18-009, 18-010, 18-011, 14. the right to install, execute, implement, retain,
18-013, 18-014, 18-016, 18-017, repair, improve, renew, relocate, maintain and carry
18-018, 18-019, 18-021, 18-023, out mitigation, maintenance, remediation and/or
18-024, 18-025, 18-026, 18-028, enhancement works;
18-030, 18-033, 18-034, 18-037,
18-038, 19-001, 19-002, 19-003, 15. the right to lay down, construct, install, retain,
19-004, 19-006, 19-008, 19-009, adjust, alter, test, use, maintain, repair, renew, upgrade,
19-010, 19-011, 19-012, 19-013, inspect, survey, cleanse, re-lay, connect into, divert,
19-014, 19-015, 19-016, 19-017, protect, make safe, make incapable of operation, replace
19-018, 19-019, 19-020, 19-021, and remove pipes, cables, conduits, service media or
19-022, 19-024, 19-024a, 19-025, apparatus that are used for the purposes of transmitting
20-004, 20-005, 20-006, 20-008, or distributing electricity, communications, gas, oil,
21-003, 21-004, 21-005, 21-006, water supply, sewerage and drainage (including the
21-008, 21-009, 21-011, 22-004, pipes, cables, conduits, service media or apparatus of
22-005, 22-009, 22-011, 22-012, statutory undertakers);
22-013, 22-018, 22-021, 22-022,
22-023, 22-026, 22-027, 22-028, 16. the right to remove archaeological artefacts where
22-031, 22-032, 23-001, 23-002, they would prevent or cause it to be materially more
23-005, 23-008, 23-009, 23-010, difficult to undertake terrestrial work activities or where
23-011, 23-012, 23-013, 23-015, leaving such archaeological artefacts in situ would
23-016, 23-019, 23-020, 23-021, materially increase the cost of the terrestrial work
23-022, 23-024, 23-026, 23-027, activities;
23-030, 23-032, 23-033, 23-034,
24-002, 24-003, 24-005, 24-010, 17. the right to remove fences, hedges, gates or other
24-013, 25-001, 25-002, 25-003, barriers during any period during which terrestrial work
25-004, 25-005, 25-006, 25-007, activities are being undertaken (subject to the prior
25-008, 25-009, 25-010, 25-011, erection of any temporary stock proof fencing as is
25-012, 25-013, 25-014, 25-017, reasonably required) and the replacement, replanting or
25-018, 25-019, 25-020, 25-021, re-instatement of fences, hedges or other barriers;
25-022, 25-024, 25-025, 25-026,
25-027, 25-030, 25-031, 25-032, 18. the right to carry out surveys including for site
25-033, 26-003, 26-003a, 26-005, investigation and environmental surveys (including
26-005a, 26-006, 26-007, 26-008, without prejudice to the generality of the foregoing,
26-009, 26-009a, 26-009b, 26-011, topographic, drainage, archaeological, geotechnical,
geoenvironmental, ecological and ground stability site
118Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
26-012, 26-013, 26-014, 26-016, investigations and surveys), making of boreholes, trial
26-017, 26-018, 26-022, 26-023, pits and archaeological trenches and field stripping,
26-024, 27-001, 27-002, 27-005, auger hole sampling and the taking of soil and other
27-005a, 27-005b, 27-006, 27-007, samples;
27-008, 27-009, 27-010, 27-011,
27-015, 27-019, 27-021, 27-023, 19. the right to lay down, construct, install, retain,
27-024, 27-027, 27-030, 28-001, adjust, alter, test, use, maintain, repair, renew, upgrade,
28-002, 28-003, 28-006, 28-007, inspect, survey, cleanse, re-lay, connect into, divert,
28-007a, 28-011, 28-012, 28-014, protect, make safe, make incapable of operation, replace
28-016, 28-017, 28-018, 28-019, and remove cable marker posts to identify the location
29-004, 29-005, 29-008, 29-009, of the cables as required for routine integrity testing;
29-010, 29-013, 30-002, 30-005,
30-006, 30-007, 30-008, 30-009, 20. the right to lay down, construct, install, retain,
30-010, 30-013, 30-014, 30-015, adjust, alter, test, use, maintain, repair, renew, upgrade,
30-016, 30-017, 30-020, 30-021, inspect, survey, cleanse, re-lay, connect into, divert,
30-022, 30-023, 30-024, 31-001, protect, make safe, make incapable of operation, replace
31-002, 31-003, 31-004, 31-005, and remove temporary access roads, hard standing
31-006, 31-007, 31-008, 31-009, and other surface materials including (but not limited
31-010, 32-003, 32-004, 32-004a, to) matting, aggregate, trackway, stone, tarmacadam,
32-005, 32-006, 32-007, 32-008, terram;
32-009, 32-010, 32-011, 32-014,
32-015, 32-016, 32-017, 32-018, 21. the right to lay down, construct, install, retain,
32-019, 32-025, 32-026, 33-001, adjust, alter, test, use, maintain, repair, renew, upgrade,
33-002, 33-003, 33-004, 33-005, inspect, survey, cleanse, re-lay, connect into, divert,
33-008, 33-009, 33-010, 33-012, protect, make safe, make incapable of operation, replace
33-013, 33-014, 33-015, 33-016, and remove public and private drains, watercourses,
33-026, 33-027, 33-028, 33-029, sewers, ponds or culverts, and to drain into and
33-035, 33-036, 33-037, 33-038, manage waterflows in any public and private drains,
33-038a, 33-039, 33-040, 34-003, watercourses, sewers, ponds or culverts including (but
34-004, 34-005, 34-006, 34-007, not limited to) by way of damming and overpumping;
34-014, 34-015, 34-016, 34-018,
34-019, 34-020, 34-023, 37-001, 22. the right to lay down, construct, install, retain,
37-002, 37-003, 37-004, 37-009, adjust, alter, test, use, maintain, repair, renew, upgrade,
37-011, 37-012, 38-005, 38-006, inspect, survey, cleanse, re-lay, connect into, divert,
38-007, 38-008, 39-001, 39-002, protect, make safe, make incapable of operation,
39-003, 39-004, 39-005, 39-006, replace and remove supporting or protective structures
39-007, 39-008, 39-009, 39-014, (including the bridging over of or protection of the
39-015, 39-016, 40-007, 40-010, apparatus of the statutory undertakers);
41-002, 41-003, 42-015, 42-016,
42-017, 42-018, 42-019, 42-020, 23. the right to lay down, construct, install, retain,
42-021, 42-022, 42-023, 42-024, adjust, alter, test, use, maintain, repair, renew, upgrade,
42-025, 43-001, 43-002, 43-003, inspect, survey, cleanse, re-lay, connect into, divert,
43-004, 43-005, 43-006, 43-007, protect, make safe, make incapable of operation, replace
43-008, 43-009, 43-010, 43-011, and remove temporary haul roads;
43-012, 43-013, 43-014, 43-015,
43-016, 43-017, 43-018, 43-019, 24. the right to lay down, construct, install, retain,
43-020, 43-021, 44-001, 44-002, adjust, alter, test, use, maintain, repair, renew, upgrade,
44-003, 44-004, 44-005, 44-006, inspect, survey, cleanse, re-lay, connect into, divert,
44-007, 44-008, 44-009, 44-010, protect, make safe, make incapable of operation, replace
44-011, 44-012, 44-013, 44-014, and remove temporary barriers for the protection of
45-025, 45-026, 45-027, 45-028, fauna;
119Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
45-029, 45-030, 45-031, 45-032, 25. the right to lay down, construct, install, retain,
45-032a adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove temporary noise alleviation measures;
26. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove temporary paths and bridleways for public
use;
27. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove temporary welfare facilities (including
but not limited to portakabins, portaloos and welfare
equipment);
28. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove fencing, gates, walls, barriers or other
means of enclosure;
B. A restrictive covenant over the land for the benefit of
the remainder of the Order land to—
(j) prevent anything being done in or upon the land or
any part thereof for the purposes of—
(i) the construction of any buildings; or
(ii) the hard surfacing of the land;
(k) prevent the planting of any trees or shrubs on
the land without the consent in writing of the
undertaker (such consent not to be unreasonably
withheld or delayed provided that the proposed
trees, or shrubs would not cause damage to the
relevant part of the authorised development nor
make it materially more difficult to maintain
or to access the relevant part of the authorised
development);
(l) prevent the carrying out of any excavations or
works or agricultural practices to a depth greater
than 0.75 metre from the surface of the land,
without the consent in writing of the undertaker
(such consent not to be unreasonably withheld or
delayed, with consent for trench digging requests
relating to waterlogging to be determined within
24 hours, if the proposed activity would not cause
120Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
damage to the relevant part of the authorised
development nor make it materially more difficult
to access or maintain the authorised development)
provided that (for the avoidance of doubt)—
(i) ordinary agricultural practices including but
not limited to acts of cultivation including
soil preparation, ploughing and sub-soiling,
not exceeding 0.75 metre in depth from
the surface of the land, do not require the
consent of the undertaker; and
(ii) flushing of land drainage systems,
maintenance of outfalls and culverts of land
drainage systems, clearance of vegetation
(by use of machinery or by hand) and the
operation of existing land drainage systems
do not require the consent of the undertaker
provided that no excavations take place to a
depth greater than 0.75 metre.
09-012, 09-013, 09-016, 09-017 A. All rights and restrictions necessary for the
undertaker and/or those authorised by the Undertaker—
1. to install the cables by the use of directional drilling
or other trenchless techniques only;
2. to retain and use the Cables for the purposes of the
transmission of electricity and telecommunications;
3. to benefit from continuous vertical and lateral support
for the cables;
4. to access the land temporarily (and during the
construction phase of the authorised project only) with
or without vehicles and machinery so as to remove
materials (arising as a result of works to install the
cables) from the land;
5. to access the land temporarily with or without
vehicles and machinery to carry out surveys including
for site investigation and environmental surveys
(including without prejudice to the generality of the
foregoing, topographic, drainage, archaeological,
geotechnical, geoenvironmental, ecological and ground
stability site investigations and surveys), making of
boreholes, trial pits and archaeological trenches and field
stripping, auger hole sampling and the taking of soil and
other samples;
B. A restrictive covenant over the land for the benefit
of the remainder of the Order land to prevent anything
being done in or upon the land or any part thereof which
121Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
interferes with or might interfere with the exercise of the
rights or the use of the cables or in any way render the
cables in breach of any statute or regulation for the time
being in force and applicable thereto.
45-046a, 45-054, 45-058, 45-062, A. All rights and restrictions necessary for the
46-016, 46-023, 46-024, 46-025, undertaker and/or those authorised by the undertaker
47-032, 47-033, 48-014, 48-015, to enter onto, pass and repass and remain on the land
48-017, 48-018, 48-019, 48-020, with or without all necessary plant, vehicles, machinery,
48-021, 48-022, 48-023, 48-024, materials, drilling fluids, apparatus, temporary structures
48-025, 49-007, 49-008, 49-009, and equipment and—
49-010, 50-002, 50-003, 50-004,
50-005, 50-006, 50-006a, 50-007, 1. the right to install the cables by way of (but not
50-007a, 51-001, 51-001a, 51-002, limited to) digging trenches, the use of directional
51-003, 51-004, 51-005, 51-006, drilling, auger boring, thrust boring, micro tunnelling or
51-007, 51-008, 51-009, 51-010, pipe ramming or other similar trenchless techniques;
51-011, 51-012, 51-013, 51-014,
51-015 2. the right to retain and use the cables and jointing
installations for the purposes of the transmission of
electricity and telecommunications;
3. the right to benefit from continuous vertical and
lateral support for the cables and jointing installations;
4. the right to benefit from continuous vertical and
lateral support for the pipes, cables, conduits, service
media and apparatus installed in, under, or over the land;
5. the right to carry out terrestrial work activities;
6. the right to access adjoining land and highway;
7. the right to place and use plant, vehicles, machinery,
materials, drilling fluids, apparatus, equipment and
temporary structures on and within the land;
8. the right to remove and discharge water from the land;
9. the right to remove, store and stockpile materials
(including excavated material) within the land;
10. the right to erect temporary signage and provide
measures for the benefit of public and personnel safety;
11. the right to fell, prune, cut, coppice, alter, lop, uproot
and replant trees, shrubs and hedges, and remove roots
of trees, shrubs and hedges;
12. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
122Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
protect, make safe, make incapable of operation, replace
and remove pipes, cables, conduits, service media or
apparatus that are used for the purposes of transmitting
or distributing electricity, communications, gas, oil,
water supply, sewerage and drainage (including the
pipes, cables, conduits, service media or apparatus of
statutory undertakers);
13. the right to remove archaeological artefacts where
they would prevent or cause it to be materially more
difficult to undertake terrestrial work activities or where
leaving such archaeological artefacts in situ would
materially increase the cost of the terrestrial work
activities;
14. the right to remove fences, hedges, gates or other
barriers during any period during which terrestrial work
activities are being undertaken (subject to the prior
erection of any temporary stock proof fencing as is
reasonably required) and the replacement, replanting or
re-instatement of fences, hedges or other barriers;
15. the right to carry out surveys including for site
investigation and environmental surveys (including
without prejudice to the generality of the foregoing,
topographic, drainage, archaeological, geotechnical,
geoenvironmental, ecological and ground stability site
investigations and surveys), making of boreholes, trial
pits and archaeological trenches and field stripping,
auger hole sampling and the taking of soil and other
samples;
16. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove cable marker posts to identify the location
of the cables as required for routine integrity testing;
17. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove temporary access roads, hard standing
and other surface materials including (but not limited
to) matting, aggregate, trackway, stone, tarmacadam,
terram;
18. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
123Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
protect, make safe, make incapable of operation, replace
and remove public and private drains, watercourses,
sewers, ponds or culverts, and to drain into and
manage waterflows in any public and private drains,
watercourses, sewers, ponds or culverts including (but
not limited to) by way of damming and overpumping;
19. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation,
replace and remove supporting or protective structures
(including the bridging over of or protection of the
apparatus of the statutory undertakers);
20. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove temporary haul roads;
21. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove temporary welfare facilities (including
but not limited to portakabins, portaloos and welfare
equipment);
22. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove fencing, gates, walls, barriers or other
means of enclosure;
B. A restrictive covenant over the land for the benefit of
the remainder of the Order land to—
(m) prevent anything being done in or upon the land or
any part thereof for the purposes of—
(i) the construction of any buildings; or
(ii) the hard surfacing of the land;
(n) prevent the planting of any trees or shrubs on
the land without the consent in writing of the
undertaker (such consent not to be unreasonably
withheld or delayed provided that the proposed
trees, or shrubs would not cause damage to the
relevant part of the authorised development nor
make it materially more difficult to maintain
or to access the relevant part of the authorised
development);
124Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
(o) prevent the carrying out of any excavations or
works or agricultural practices to a depth greater
than 0.75 metre from the surface of the land,
without the consent in writing of the undertaker
(such consent not to be unreasonably withheld or
delayed, with consent for trench digging requests
relating to waterlogging to be determined within
24 hours, if the proposed activity would not cause
damage to the relevant part of the authorised
development nor make it materially more difficult
to access or maintain the authorised development)
provided that (for the avoidance of doubt)—
(i) ordinary agricultural practices including but
not limited to acts of cultivation including
soil preparation, ploughing and sub-soiling,
not exceeding 0.75 metre in depth from
the surface of the land, do not require the
consent of the undertaker; and
(ii) flushing of land drainage systems,
maintenance of outfalls and culverts of land
drainage systems, clearance of vegetation
(by use of machinery or by hand) and the
operation of existing land drainage systems
do not require the consent of the undertaker
provided that no excavations take place to a
depth greater than 0.75 metre.
15-032, 15-035, 15-028, 15-033, A. All rights and restrictions necessary for the
15-031, 15-030, 15-034, 15-036, undertaker and/or those authorised by the undertaker
15-029 to enter onto, pass and repass and remain on the land
with or without all necessary plant, vehicles, machinery,
materials, drilling fluids, apparatus, temporary structures
and equipment and—
1. the right to carry out terrestrial work activities;
2. the right to access adjoining land and highway
including use of the existing or any replacement bridge;
3. the right to place and use plant, vehicles, machinery,
materials, drilling fluids, apparatus, equipment and
temporary structures on and within the land;
4. the right to construct, install, retain, adjust, alter, test,
use, maintain, repair, renew, upgrade, inspect, survey,
cleanse, protect, make safe, replace and remove the
bridge and supporting structures on or over or in the
land;
5. the right to remove, store and stockpile materials
(including excavated material) within the land;
125Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
6. the right to retain, maintain, straighten, widen, repair,
alter, upgrade and use existing access routes for the
purposes of accessing the land, adjoining land and
highway;
7. the right to erect temporary signage and provide
measures for the benefit of public and personnel safety;
8. the right to fell, prune, cut, coppice, alter, lop, uproot
and replant trees, shrubs and hedges, and remove roots
of trees, shrubs and hedges;
9. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove pipes, cables, conduits, service media or
apparatus that are used for the purposes of transmitting
or distributing electricity, communications, gas, oil,
water supply, sewerage and drainage (including the
pipes, cables, conduits, service media or apparatus of
statutory undertakers);
10. the right to remove archaeological artefacts where
they would prevent or cause it to be materially more
difficult to undertake terrestrial work activities or where
leaving such archaeological artefacts in situ would
materially increase the cost of the terrestrial work
activities;
11. the right to remove fences, hedges, gates or other
barriers during any period during which terrestrial work
activities are being undertaken (subject to the prior
erection of any temporary stock proof fencing as is
reasonably required) and the replacement, replanting or
re-instatement of fences, hedges or other barriers;
12. the right to carry out surveys including for site
investigation and environmental surveys (including
without prejudice to the generality of the foregoing,
topographic, drainage, archaeological, geotechnical,
geoenvironmental, ecological and ground stability site
investigations and surveys), making of boreholes, trial
pits and archaeological trenches and field stripping,
auger hole sampling and the taking of soil and other
samples;
13. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
126Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
and remove hard standing and other surface materials
including (but not limited to) matting, aggregate,
trackway, stone, tarmacadam, terram;
14. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation,
replace and remove supporting or protective structures
(including the bridging over of or protection of the
apparatus of the statutory undertakers);
15. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove fencing, gates, walls, barriers or other
means of enclosure.
45-002, 45-003, 45-004, 45-006, A. All rights and restrictions necessary for the
45-007, 45-009, 45-010, 45-011, undertaker and/or those authorised by the undertaker
45-012, 45-013, 45-014, 45-016, to enter onto, pass and repass and remain on the land
45-017, 45-018, 45-019, 45-020, with or without all necessary plant, vehicles, machinery,
45-022, 45-034, 45-035, 45-036, materials, drilling fluids, apparatus, temporary structures
45-037, 45-038, 45-042, 45-043, and equipment and—
45-044, 45-045, 45-046, 45-047,
45-048, 45-049, 45-049a, 45-051, 1. the right to carry out terrestrial work activities;
45-051a, 45-052, 45-052a, 45-055,
45-056, 45-057, 45-059, 45-060, 2. the right to access adjoining land and highway;
45-061, 45-063, 45-064, 45-065,
45-065a, 45-067, 45-069, 45-073, 3. the right to place and use plant, vehicles, machinery,
46-001, 46-004, 46-005, 46-007, materials, apparatus, equipment and temporary
46-009, 46-010, 46-011, 46-012, structures on and within the land;
46-013, 46-014, 46-015, 46-018,
46-019, 46-020, 46-027, 46-028, 4. the right to remove and discharge water from the land;
46-029, 46-030, 46-031, 46-032,
46-034, 46-035, 46-037a, 46-036, 5. the right to remove, store and stockpile materials
46-038, 46-039, 46-040, 46-042, (including excavated material) within the land;
46-043, 46-044a, 46-045, 46-046,
46-047, 47-007, 47-010, 47-012, 6. the right to retain, maintain, straighten, widen, repair,
47-013, 47-014, 47-015, 47-016, alter, upgrade and use existing access routes for the
47-018, 47-019, 47-020, 47-021, purposes of accessing the land, adjoining land and
47-022, 47-023, 47-024, 47-025, highway;
47-027, 47-036, 47-037, 47-038,
48-001, 48-003, 48-004, 48-008, 7. the right to erect temporary signage and provide
48-009, 48-010, 48-011, 48-013 measures for the benefit of public and personnel safety;
8. the right to fell, prune, cut, coppice, alter, lop, uproot
and replant trees, shrubs and hedges, and remove roots
of trees, shrubs and hedges;
127Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
9. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove pipes, cables, conduits, service media or
apparatus that are used for the purposes of transmitting
or distributing electricity, communications, gas, oil,
water supply, sewerage and drainage (including the
pipes, cables, conduits, service media or apparatus of
statutory undertakers);
10. the right to remove archaeological artefacts where
they would prevent or cause it to be materially more
difficult to undertake terrestrial work activities or where
leaving such archaeological artefacts in situ would
materially increase the cost of the terrestrial work
activities;
11. the right to remove fences, hedges, gates or other
barriers during any period during which terrestrial work
activities are being undertaken (subject to the prior
erection of any temporary stock proof fencing as is
reasonably required) and the replacement, replanting or
re-instatement of fences, hedges or other barriers;
12. the right to carry out surveys including for site
investigation and environmental surveys (including
without prejudice to the generality of the foregoing,
topographic, drainage, archaeological, geotechnical,
geoenvironmental, ecological and ground stability site
investigations and surveys), making of boreholes, trial
pits and archaeological trenches and field stripping,
auger hole sampling and the taking of soil and other
samples;
13. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove hard standing and other surface materials
including (but not limited to) matting, aggregate,
trackway, stone, tarmacadam, terram;
14. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew,
upgrade, inspect, survey, cleanse, re-lay, connect
into, divert, protect, make safe, make incapable of
operation, replace and remove public and private drains,
watercourses, sewers or culverts, and to drain into and
manage waterflows in any public and private drains,
watercourses, sewers or culverts;
128Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
15. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation,
replace and remove supporting or protective structures
(including the bridging over of or protection of the
apparatus of the statutory undertakers);
16. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove temporary paths and bridleways for public
use;
17. the right to lay down, construct, install, retain,
adjust, alter, test, use, maintain, repair, renew, upgrade,
inspect, survey, cleanse, re-lay, connect into, divert,
protect, make safe, make incapable of operation, replace
and remove fencing, gates, walls, barriers or other
means of enclosure;
B. A restrictive covenant over the land for the benefit of
the remainder of the Order land to—
(p) prevent anything being done in or upon the land or
any part thereof for the purposes of—
(i) the construction of any buildings; or
(ii) the hard surfacing of the land;
(q) prevent the planting of any trees or shrubs on
the land without the consent in writing of the
undertaker (such consent not to be unreasonably
withheld or delayed provided that the proposed
trees, or shrubs would not cause damage to the
relevant part of the authorised development nor
make it materially more difficult to maintain
or to access the relevant part of the authorised
development);
(r) prevent the carrying out of any excavations or
works or agricultural practices to a depth greater
than 0.75 metre from the surface of the land,
without the consent in writing of the undertaker
(such consent not to be unreasonably withheld or
delayed, with consent for trench digging requests
relating to waterlogging to be determined within
24 hours, if the proposed activity would not cause
damage to the relevant part of the authorised
development nor make it materially more difficult
to access or maintain the authorised development)
provided that (for the avoidance of doubt)—
(i) ordinary agricultural practices including but
not limited to acts of cultivation including
129Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) Number of land shown on land (2) Purpose for which rights may be acquired
plan
soil preparation, ploughing and sub-soiling,
not exceeding 0.75 metre in depth from
the surface of the land, do not require the
consent of the undertaker; and
(ii) flushing of land drainage systems,
maintenance of outfalls and culverts of land
drainage systems, clearance of vegetation
(by use of machinery or by hand) and the
operation of existing land drainage systems
do not require the consent of the undertaker
provided that no excavations take place to a
depth greater than 0.75 metre.
01-011, 01-012, 09-007, 09-008, A. All rights and restrictions necessary for the
09-009, 09-010, 15-019, 15-025, undertaker and/or those authorised by the undertaker
15-038, 15-039, 45-041a, 46-022, to enter onto, pass and repass and remain on the land
46-041, 47-006, 47-008, 47-009, with or without all necessary plant, vehicles, machinery,
47-014a materials, drilling fluids, apparatus, temporary structures
and equipment and—
1. the right to carry out terrestrial work activities;
2. the right to access adjoining land and highway.
SCHEDULE 8 Article 20
Modification of compensation and compulsory purchase enactments
for creation of new rights and imposition of new restrictions
Compensation enactments
1. The enactments for the time being in force with respect to compensation for the compulsory
purchase of land apply, with the necessary modifications as respects compensation, in the case of a
compulsory acquisition under this Order of a right by the creation of a new right or the imposition
of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land
and interests in land.
2.—(1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973(73)
has effect subject to the modifications set out in sub-paragraphs (2).
(2) In section 44(1) (compensation for injurious affection) of the Land Compensation Act 1973,
as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted
by paragraph 5—
(a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land
is purchased from or imposed on”; and
(b) for “acquired or taken from him” substitute “over which the right is exercisable or the
restrictive covenant enforceable”.
(73) 1973 c. 26.
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3.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the
modification set out in sub-paragraph (2).
(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—
“(5A) I f—
(a) the acquiring authority enters on land for the purpose of exercising a right in
pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965
Act (as modified by paragraph 7 of Schedule 8 to the Outer Dowsing Offshore
Wind Farm Order 2026); and
(b) the acquiring authority is subsequently required by a determination under
paragraph 12 of Schedule 2A (counter-notice requiring purchase of land not in
notice to treat) to the 1965 Act (as substituted by paragraph 10 of Schedule 8 to
the Outer Dowsing Offshore Wind Farm Order 2026) to acquire an interest in the
land, and
(c) the acquiring authority enters on and takes possession of that land,
the authority is deemed for the purposes of subsection (3)(a) to have entered on that land
where it entered on that land for the purpose of exercising that right.”.
Application of the 1965 Act
4.—(1) The 1965 Act has effect with the modifications necessary to make it apply to the
compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition
under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order
of land, so that, in appropriate contexts, references in that Act to land are read (according to the
requirements of the particular context) as referring to, or as including references to—
(a) the right acquired or to be acquired or the restriction imposed or to be imposed; or
(b) the land over which the right is or is to be exercisable, or the restriction is or is to be
enforceable.
(2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act applies in
relation to the compulsory acquisition under this Order of a right by the creation of a new right or
the imposition of a restriction with the modifications specified in the following provisions of this
Schedule.
5. For section 7 of the 1965 Act (measure of compensation in case of severance) substitute the
following section—
“7. In assessing the compensation to be paid by the acquiring authority under this Act,
regard must be had not only to the extent (if any) to which the value of the land over which
the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the
acquisition of the right or the imposition of the covenant but also to the damage (if any)
to be sustained by the owner of the land by reason of its severance from other land of the
owner, or injuriously affecting that other land by the exercise of the powers conferred by
this or the special Act.”.
6. The following provisions of the 1965 Act (which state the effect of a deed poll executed in
various circumstances where there is no conveyance by persons with interests in the land), that is
to say—
(a) section 9(4) (refusal to convey, failure to make title, etc.);
(b) paragraph 10(3) of Schedule 1 (conveyance of the land or interest);
(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),
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7. are so modified as to secure that, as against persons with interests in the land which are
expressed to be overridden by the deed, the right which is to be compulsorily acquired or the
restrictive covenant which is to be imposed is vested absolutely in the acquiring authority. Section
11 of the 1965 Act (powers of entry) is so modified as to secure that, as from the date on which the
acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as
the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition
under article 20 (compulsory acquisition of land) of this Order, it has power, exercisable in equivalent
circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right
or enforcing that restrictive covenant (which is deemed for this purpose to have been created on
the date of service of the notice); and sections 11A (powers of entry: further notices of entry)
(74), 11B (counter-notice requiring possession to be taken on specified date)(75), 12 (unauthorised
entry)(76) and 13 (refusal to give possession to acquiring authority)(77) of the 1965 Act are modified
correspondingly.
8. Section 20 of the 1965 Act (tenants at will, etc.)(78) applies with the modifications necessary
to secure that persons with such interests in land as are mentioned in that section are compensated in
a manner corresponding to that in which they would be compensated on a compulsory acquisition
under this Order of that land, but taking into account only the extent (if any) of such interference
with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the
enforcement of the restrictive covenant in question.
9. Section 22 of the 1965 Act (interests omitted from purchase) is so modified as to enable the
acquiring authority, in circumstances corresponding to those referred to in that section, to continue
to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to
compliance with that section as respects compensation.
10. For Schedule 2A to the 1965 Act substitute—
“SCHEDULE 2A
Counter-notice requiring purchase of land
Introduction
1.—(1) This Schedule applies where an acquiring authority serve a notice to treat in respect of
a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and
have not executed a general vesting declaration under section 4 (execution of declaration) of the
1981 Act as applied by article 22 (application of the Compulsory Purchase (Vesting Declarations)
Act 1981) of the Outer Dowsing Offshore Wind Farm Order 2026 in respect of the land to which
the notice to treat relates.
(2) But see article 24(3) (acquisition of subsoil or airspace only) of the Outer Dowsing
Offshore Wind Farm Order 2026, which excludes the acquisition of subsoil or airspace from this
Schedule.
2. In this Schedule, “house” includes any park or garden belonging to a house.
(74) Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).
(75) Section 11B was inserted by section 187 of the Housing and Planning Act 2016 (c. 22).
(76) Section 12 was amended by paragraph 4 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).
(77) Section 13 was amended by the Tribunals, Courts and Enforcement Act 2007 (c. 15).
(78) Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and paragraph 70
of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307).
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Counter-notice requiring purchase of land
3. A person who is able to sell the house, building or factory (“the owner”) may serve a
counter-notice requiring the acquiring authority to purchase the owner’s interest in the house,
building or factory.
4. A counter-notice under paragraph 3 must be served within the period of 28 days beginning
with the day on which the notice to treat was served.
Response to counter-notice
5. On receiving a counter-notice, the acquiring authority must decide whether to—
(a) withdraw the notice to treat,
(b) accept the counter-notice, or
(c) refer the counter-notice to the Upper Tribunal.
6. The acquiring authority must serve notice of their decision on the owner within the period of
three months beginning with the day on which the counter-notice is served (“the decision period”).
7. If the acquiring authority decide to refer the counter-notice to the Upper Tribunal they must
do so within the decision period.
8. If the acquiring authority do not serve notice of a decision within the decision period they
are to be treated as if they had served notice of a decision to withdraw the notice to treat at the
end of that period.
9. If the acquiring authority serve notice of a decision to accept the counter-notice, the
compulsory purchase order and the notice to treat are to have effect as if they included the owner’s
interest in the house, building or factory.
Determination by the Upper Tribunal
10. On a referral under paragraph 7, the Upper Tribunal must determine whether the
acquisition of the right or the imposition of the restrictive covenant would—
(a) in the case of a house, building or factory, cause material detriment to the house,
building or factory, or
(b) in the case of a park or garden, seriously affect the amenity or convenience of the house
to which the park or garden belongs.
11. In making its determination, the Upper Tribunal must take into account—
(a) the effect of the acquisition of the right or the imposition of the covenant,
(b) the use to be made of the right or covenant proposed to be acquired or imposed, and
(c) if the right or covenant is proposed to be acquired or imposed for works or other
purposes extending to other land, the effect of the whole of the works and the use of
the other land.
12. If the Upper Tribunal determines that the acquisition of the right or the imposition of the
covenant would have either of the consequences described in paragraph 10, it must determine
how much of the house, building or factory the acquiring authority ought to be required to take.
13. If the Upper Tribunal determines that the authority ought to be required to take some or
all of the house, building or factory, the compulsory purchase order and the notice to treat are to
have effect as if they included the owner’s interest in that land.
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14.—(1) If the Upper Tribunal determines that the acquiring authority ought to be required to
take some or all of the house, building or factory, the acquiring authority may at any time within
the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination
withdraw the notice to treat in relation to that land.
(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay
the person on whom the notice was served compensation for any loss or expense caused by the
giving and withdrawal of the notice.
(3) Any dispute as to the compensation is to be determined by the Upper Tribunal.”.
SCHEDULE 9 Article 26
Land of which temporary possession may be taken
(1) Area (2) Number of land (3) Purpose for which (4) Relevant part of
shown on land plan temporary possession the authorised project
may be taken
District of Boston 33-019, 33-020, Temporary use Work No. 18
33-021, 33-022, (including laying of
33-023, 33-024, temporary vehicular
33-025, 34-010, access tracks,
34-011, 34-012, bellmouths and
34-013, 38-003, associated footpaths) to
38-004, 38-009, facilitate construction
42-004, 43-023, of Work Nos. 15, 16, 17
43-024, 43-029, and 19.
43-030, 43-031,
43-032, 43-033,
43-034, 43-035,
43-042, 43-043,
43-044, 43-045,
43-046, 43-047,
44-027, 44-028,
44-029
District of East Lindsey 04-013, 05-005, Temporary use Work No. 18
07-010, 07-011, (including laying of
08-001, 08-002, temporary vehicular
08-003, 08-008, access tracks,
10-014, 12-016, bellmouths and
13-012, 14-001, associated footpaths) to
14-002, 14-003, facilitate construction
15-018, 15-020, of Work Nos. 15, 19
15-021, 15-022, and 22.
15-023, 15-024,
15-026, 15-027,
15-045, 15-051,
16-001, 16-002,
20-001
District of South 49-001, 49-002, Temporary use Work No. 18
Holland 49-003, 49-004 (including laying of
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(1) Area (2) Number of land (3) Purpose for which (4) Relevant part of
shown on land plan temporary possession the authorised project
may be taken
temporary vehicular
access tracks,
bellmouths and
associated footpaths) to
facilitate construction
of Work Nos. 15, 16, 17
and 19.
District of Boston 23-023, 26-025, Temporary use Work No. 19
27-003, 27-004, (consisting of
27-004a, 29-007, temporary works areas
29-011, 29-012, to support construction
30-001, 33-011, activities; temporary
33-030, 33-031, construction ramps;
34-009, 34-021, storage areas to assist
34-022, 36-002, with the onshore
36-003, 36-004, transmission works;
39-013, 39-021, and vehicular access
42-003, 43-026, tracks, bellmouths and
43-027, 43-028, footpaths) to facilitate
43-038, 43-039, construction of Work
43-040, 43-041, No. 15.
45-040, 47-029,
49-005, 49-006
District of East Lindsey 02-001, 02-002, Temporary use Work No. 19
04-014, 07-008, (consisting of
07-009, 07-012, temporary works areas
08-009, 10-013, to support construction
10-015, 10-019, activities; temporary
13-013, 13-014, construction ramps;
15-017, 15-037, storage areas to assist
15-040, 15-052, with the onshore
18-020, 20-002, transmission works;
20-003 and vehicular access
tracks, bellmouths and
footpaths) to facilitate
construction of Work
Nos. 13, 14, 15 and 22.
District of South 45-040 47-004 47-029 Temporary use Work No. 19
Holland 49-005 49-006 (consisting of
temporary works areas
to support construction
activities; temporary
construction ramps;
storage areas to assist
with the onshore
transmission works;
and vehicular access
tracks, bellmouths and
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(1) Area (2) Number of land (3) Purpose for which (4) Relevant part of
shown on land plan temporary possession the authorised project
may be taken
footpaths) to facilitate
construction of Work
Nos. 15, 16, 17, 20, 23,
24 and 25.
District of Boston 33-017, 33-018, Temporary use Work No. 21
34-025, 35-001, (highway alterations
35-002, 35-003, including widening of
36-005, 36-006, the highway, provision
36-007, 36-008, of passing bays,
39-022, 39-023, culverting and drainage
42-005, 42-006, works) to facilitate
42-007, 42-008, construction of Work
42-009, 42-010, No. 15.
42-013, 42-014,
43-022
District of East Lindsey 17-036, 17-037, Temporary use
20-009 (highway alterations
including widening of
the highway, provision
of passing bays,
culverting and drainage
works) to facilitate
construction of Work
No. 15.
District of Boston 21-010, 22-001, Temporary use Enabling accesses
22-002, 22-003, (including enabling
22-006, 22-007, works) for vehicular
22-008, 22-010, access to facilitate the
22-014, 22-015, construction of Work
22-016, 22-017, Nos. 15, 19, and 24.
22-019, 22-020,
22-024, 22-025,
22-029, 22-029a,
22-030, 23-003,
23-004, 23-006,
23-007, 23-014,
23-017, 23-018,
23-025, 23-028,
23-029, 23-031,
23-035, 24-001,
24-004, 24-006,
24-007, 24-008,
24-009, 24-011,
24-012, 25-015,
25-016, 25-023,
25-028, 25-029,
26-001, 26-002,
26-004, 26-015,
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(1) Area (2) Number of land (3) Purpose for which (4) Relevant part of
shown on land plan temporary possession the authorised project
may be taken
26-019, 26-020,
26-021, 27-012,
27-013, 27-014,
27-016, 27-017,
27-018, 27-020,
27-022, 27-025,
27-026, 27-028,
27-029, 28-004,
28-008, 28-009,
28-010, 28-013,
28-015, 29-001,
29-002, 29-003,
29-006, 30-003,
30-004, 30-011,
30-012, 30-018,
30-019, 32-001,
32-002, 32-012,
32-013, 32-020,
32-021, 32-022,
32-023, 32-024,
33-006, 33-007,
33-032, 33-033,
33-034, 34-001,
34-002, 34-008,
34-017, 34-024,
37-005, 37-006,
37-007, 37-008,
37-010, 38-001,
38-002, 39-010,
39-011, 39-012,
39-017, 39-018,
39-019, 40-001,
40-002, 40-003,
40-006, 40-008,
40-009, 41-001,
42-001, 42-002,
42-011, 42-012,
42-026, 43-025,
43-036, 44-015,
44-016, 44-017,
44-018, 44-019,
44-020, 44-021,
44-022, 44-023,
44-024, 44-025,
44-026, 45-023,
45-024, 45-033
District of East Lindsey 01-019, 02-003, Temporary use Enabling accesses
02-004, 02-005, (including enabling
02-014, 02-015, works) for vehicular
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(1) Area (2) Number of land (3) Purpose for which (4) Relevant part of
shown on land plan temporary possession the authorised project
may be taken
02-016, 02-017, access to facilitate the
02-018, 02-019, construction of Work
02-020, 02-021, Nos. 13, 14, 15, 19 and
03-001, 03-002, 22.
03-003, 03-004,
03-005, 03-006,
03-007, 03-011,
03-012, 03-014,
03-019, 03-020,
03-023, 03-024,
03-027, 03-031,
04-001, 04-002,
04-003, 04-005,
04-007, 04-008,
04-009, 04-010,
04-015, 04-022,
05-001, 05-012,
05-013, 05-019,
05-020, 06-003,
06-004, 06-006,
06-009, 06-011,
06-013, 06-014,
06-015, 06-016,
06-020, 07-001,
07-002, 07-004,
08-010, 08-011,
08-012, 08-017,
09-001, 09-005,
09-005a, 09-005b,
09-005c, 09-014,
09-015, 09-019,
09-020, 09-021,
10-001, 10-003,
10-007, 10-008,
10-009, 10-010,
10-020, 10-021,
10-022, 11-001,
11-002, 11-004,
11-005, 11-009,
11-013, 11-014,
12-001, 12-002,
12-003, 12-004,
12-011, 12-014,
12-015, 12-017,
13-005, 13-006,
13-007, 13-008,
13-009, 13-015,
13-016, 13-017,
14-010, 14-016,
15-001, 15-002,
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(1) Area (2) Number of land (3) Purpose for which (4) Relevant part of
shown on land plan temporary possession the authorised project
may be taken
15-003, 15-005,
15-014, 16-008,
16-017, 16-018,
16-019, 16-026,
16-028, 17-004,
17-005, 17-017,
17-019, 17-020,
17-025, 17-031,
17-032, 17-033,
18-008, 18-012,
18-015, 18-022,
18-027, 18-029,
18-031, 18-032,
18-035, 18-036,
19-005, 19-007,
19-023, 20-007,
21-001, 21-002,
21-007
District of South 45-039, 45-053, Temporary use Enabling accesses
Holland 45-066, 45-070, (including enabling
45-071, 45-072, works) for vehicular
46-026, 47-001, access to facilitate the
47-002, 47-003, construction of Work
47-028, 47-030, Nos. 15, 16, 17, 19, 20,
47-034, 47-035, 23, 24 and 25.
48-016, 49-011, 50-001
SCHEDULE 10 Article 31
Deemed marine licence under the 2009 Act - generation assets
PART 1
Licensed Marine Activities
1.—(1) In this licence—
“the 2004 Act” means the Energy Act 2004(79);
“the 2008 Act” means the Planning Act 2008(80);
“the 2009 Act” means the Marine and Coastal Access Act 2009(81);
(79) 2004 c. 20.
(80) 2008 c. 29.
(81) 2009c. 23.
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“the 2017 Offshore Regulations” means the Conservation of Offshore Marine Habitats and
Species Regulations 2017(82);
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;
“Annex 1 reef” means a reef of a type listed in Annex 1 to Council Directive 92/43/EEC on
the conservation of natural habitats and of wild fauna and flora;
“array cable” means the cables described in paragraph (b) of Work No. 1 that link the wind
turbine generators to each other and to the offshore transformer substations;
“authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of
this licence;
“authorised scheme” means Work Nos. 1, 2, 4 and 8 described in paragraph 3 of Part 1 of this
licence or any part of that work;
“buoy” means any floating device used for navigational purposes or measurement purposes,
including LiDAR buoys, wave buoys and guard buoys;
“cable crossings” means the crossing of existing sub-sea cables or pipelines or other existing
infrastructure by cable circuits authorised by this Order together with physical protection
measures including cable protection;
“cable protection” means measures to protect cables from physical damage including the
use of bagged solutions filled with grout or other materials, protective aprons or coverings,
mattresses, flow energy dissipation devices or rock and gravel burial;
“commence” means the first carrying out of any licensed marine activities authorised by
this licence, save for operations consisting of offshore preparation works and the words
“commencement” and “commenced” must be construed accordingly;
“condition” means a condition in Part 2 of this licence;
“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding,
Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands, B75
7RL and any successor body to its functions;
“enforcement officer” means a person authorised to carry out enforcement duties under
Chapter 3 of Part 4 (marine licensing) of the 2009 Act;
“Environment Agency” means the non-departmental public body of that name created by
section 1 of the Environment Act 1995;
“environmental statement” means the document certified as the environmental statement by
the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.);
“gravity base structure” means a structure principally of steel, concrete, or steel and concrete
which rests on the seabed either due to its own weight with or without added ballast or
additional skirts and associated equipment including scour protection, J-tubes, corrosion
protection systems and access platforms and equipment;
“Historic England” means the Historic Buildings and Monuments Commission for England;
“IDRBNR SAC” means the site designated as the Inner Dowsing, Race Bank and North Ridge
Special Area of Conservation;
“in principle monitoring plan” means the document certified as the in principle monitoring
plan by the Secretary of State for the purposes of the Order under article 40 (certification of
plans etc.);
“in principle Southern North Sea SAC Site Integrity Plan” means the document certified as
the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the
purposes of the Order under article 40 (certification of plans etc.);
(82) S.I. 2017/1013.
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“interlink cable” means the cables comprised within Work No. 4 that link the offshore
transformer substations to each other and to the offshore accommodation platform;
“JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the
significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’
Joint Nature Conservation Committee Report No. 654, May 2020 published in June 2020 as
amended, updated or superseded from time to time;
“LAT” means lowest astronomical tide;
“layout principles” means the layout principles set out in paragraph 25 of Chapter 3 (Project
Description) of the environmental statement;
“licence 2 (transmission)” means the licence set out in Schedule 11 (deemed marine licence
under the 2009 Act – offshore transmission assets);
“licensed activities” means the activities specified in Part 1 of this licence;
“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove,
reconstruct and replace (including replenishment of cable protection), but does not include the
removal, reconstruction or replacement of foundations associated with the offshore works, to
the extent assessed in the environmental statement; and “maintenance” and any derivative of
maintain must be construed accordingly;
“mean high water springs” or “MHWS” means the highest level which spring tides reach on
average over a period of time;
“Marine Management Organisation” or “MMO” means the body created under the 2009 Act
which is responsible for the monitoring and enforcement of this licence;
“MCA” means the Maritime and Coastguard Agency;
“monopile foundation” means a steel pile, driven and/or drilled into the seabed and associated
equipment including scour protection, J-tubes, corrosion protection systems and access
platforms and equipment;
“MSL” means mean sea level;
“offshore accommodation platform” means a structure attached to the seabed by means of
a foundation, with one or more decks and a helicopter platform (including bird deterrents),
containing housing accommodation, storage, workshop, auxiliary equipment and facilities for
operating, maintaining and controlling the wind turbine generators and offshore electrical
installations;
“offshore Order limits” means the limits shown on the works plans within which the authorised
scheme may be carried out;
“offshore preparation works” means surveys and monitoring seaward of MHWS undertaken
prior to the commencement of construction to prepare for construction;
“offshore transformer substation” means a structure attached to the seabed by means of a
foundation, with one or more decks and a helicopter platform (including bird deterrents),
containing—
(a) electrical equipment required to switch, transform, convert electricity generated at the
wind turbine generators to a higher voltage and provide reactive power compensation;
and
(b) housing accommodation, storage, workshop auxiliary equipment, radar and facilities for
operating, maintaining and controlling the substation or wind turbine generators;
“the Order” means the Outer Dowsing Offshore Wind Farm Order 2026;
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“outline cable specification and installation plan” means the document certified as the outline
cable specification and installation plan by the Secretary of State for the purposes of the Order
under article 40;
“outline fisheries liaison and coexistence plan” means the document certified as the outline
fisheries liaison and coexistence plan by the Secretary of State for the purposes of the Order
under article 40;
“outline marine mammal mitigation protocol (piling)” means the document certified as the
outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes
of the Order under article 40;
“outline offshore operations and maintenance plan” means the document certified as the outline
offshore operations and maintenance plan by the Secretary of State for the purposes of the
Order under article 40;
“outline project environmental management plan” means the document certified as the outline
project environmental management plan by the Secretary of State for the purposes of the Order
under article 40;
“outline scour protection and cable protection management plan” means the document certified
as the outline scour protection and cable protection management plan by the Secretary of State
for the purposes of the Order under article 40;
“outline vessel management plan” means the document certified as the outline vessel
management plan by the Secretary of State for the purposes of the Order under article 40;
“outline marine archaeological written scheme of investigation” means the document certified
as the outline marine archaeological written scheme of investigation by the Secretary of State
for the purposes of the Order under article 40;
“pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure steel
jacket foundations;
“pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which
is fixed to the seabed at three or more points with steel pin piles and associated equipment
including scour protection, J-tubes, corrosion protection systems and access platform(s) and
equipment;
“SAC” means special area of conservation;
“statutory historic body” means Historic England or its successor in function;
“statutory nature conservation body” means the appropriate nature conservation body as
defined in regulation 5 of the 2017 Regulations;
“suction bucket” means large diameter steel cylindrical shells which penetrate the seabed
assisted by a hydrostatic pressure differential for securing steel jacket foundations;
“suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel
which is fixed to the seabed at three or more points with steel suction buckets and associated
equipment including scour protection, J-tubes, corrosion protection systems and access
platform(s) and equipment;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“undertaker” means GT R4 Limited (company number 13281221);
“vessel” means every description of vessel, however propelled or moved, and includes a non-
displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil
vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted
for movement through, in, on or over water and which is at the time in, on or over water;
“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton,
Somerset, TA1 2DN;
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“wind turbine generator” means a structure comprising a tower, rotor with three blades
connected at the hub, nacelle and ancillary electrical and other equipment which may include
J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems,
corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities
and other associated equipment, fixed to a foundation;
“Work No. 3” means—
(a) up to four small offshore transformer substations each fixed to the seabed by monopile,
gravity base structure, pin pile jacket or suction bucket jacket foundations; or
(b) up to two large offshore transformer substations each fixed to the seabed by monopile,
gravity base structure, pin pile jacket or suction bucket jacket foundations; and
“works plans” means the plans certified as the works plans onshore and works plans offshore
by the Secretary of State for the purposes of the Order under article 40 (certification of plans
etc.).
(2) 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 coordinates are taken to be latitude and longitude degrees and minutes to two decimal
places.
(4) Except where otherwise notified in writing by the relevant organisation, the primary point of
contact with the organisations listed below and the address for returns and correspondence are—
(a) Marine Management Organisation
Marine Licensing Team
Tyneside House
Skinnerburn Road
Newcastle upon Tyne
NE4 7AR
Tel: 0300 123 1032;
(b) Marine Management Organisation (local office)
CEFAS (Centre for Environment, Fisheries and Aquaculture Science) Building
Pakefield Road
Lowestoft
NR33 0HT
Tel: 0208 026 6094;
(c) Trinity House
Tower Hill
London
EC3N 4DH
Tel: 020 7481 6900;
(d) The United Kingdom Hydrographic Office
Admiralty Way
Taunton
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Somerset
TA1 2DN
Tel: 01823 337 900;
(e) Maritime and Coastguard Agency
UK Technical Services Navigation
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel: 020 3817 2426/2433
Email: navigationsafety@mcga.gov.uk;
(f) Natural England
4th Floor, Foss House
1-2 Peasholme Green
York
YO1 7PX
Tel: 0300 060 3900;
(g) Historic England
The Foundry
82 Granville Street
Birmingham
B1 2LH
Tel: 0121 625 6888.
2. Subject to the licence conditions at Part 2, 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—
(a) the deposit at sea of the substances and articles specified in paragraph 4 below;
(b) the construction of works in or over the sea or on or under the sea bed;
(c) dredging for the purposes of seabed preparation for foundation works and cable laying
preparation works;
(d) debris clearance works;
(e) boulder clearance works either by displacement ploughing or subsea grab technique or
other equivalent method;
(f) the removal of out of service cables;
(g) the removal of sediment samples for the purposes of informing environmental monitoring
under this licence during pre-construction, construction and operation;
(h) removal of static fishing gear; and
(i) the disposal of up to 21,389,090 cubic metres of inert material of natural origin and/or
dredged material within the offshore Order limits produced during construction drilling
or seabed preparation for foundation works, sandwave clearance and boulder clearance
works at disposal site reference(s) to be provided in writing by the MMO within the extent
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of the Order limits seaward of MHWS (some of which may alternatively be disposed under
licence 2 (transmission)).
3. Such activities are authorised in relation to the construction, maintenance and operation of—
Work No. 1—
(a) an offshore wind turbine generating station with a gross electrical output capacity of over
100 megawatts comprising up to 100 wind turbine generators each fixed to the seabed by
either monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations
fitted with rotating blades and situated within the area shown on the works plans and
further comprising (b) below; and
(b) a network of subsea array cables between the wind turbine generators and between the
wind turbine generators and the offshore transformer substations forming part of Work
No. 3 including one or more cable crossings;
Work No. 2— up to one offshore accommodation platform fixed to the seabed by either monopile,
gravity base structure, pin pile jacket or suction bucket jacket foundations (which may alternatively
be constructed under licence 2 (transmission));
Work No. 4— a network of interlink cables between the offshore transformer substations comprised
within Work No. 3 and between the offshore transformer substations comprised within Work No. 3
and the offshore accommodation platform comprised within Work No. 2, for the transmission
of electricity and electronic communications, including one or more cable crossings (which may
alternatively be constructed under licence 2 (transmission), in whole or in part);
Work No. 8— a temporary work area associated with Work Nos. 1, 2 and 4 for vessels to carry out
anchoring and positioning, and for the wet storage of construction materials;
In connection with such Work Nos. 1, 2, 4 and 8 and to the extent that they do not otherwise
form part of any such work, further associated development within the meaning of section 115(2)
(development for which development consent may be granted) of the 2008 Act comprising such other
works as may be necessary or expedient for the purposes of or in connection with the relevant part
of the authorised scheme and which fall within the scope of the work assessed by the environmental
statement and the provisions of this licence including—
(a) scour protection around the foundations of the offshore structures;
(b) cable protection measures such as but not limited to the placement of rock, split pipe
system, and/or mattresses;
(c) cable crossings;
(d) dredging;
(e) the removal of material from the seabed required for the construction of Work Nos. 1, 2,
4 and 8 and the disposal of inert material of natural origin and dredged material within
the Order limits produced during construction drilling, seabed preparation for foundation
works and cable installation preparation works (such as sandwave clearance and boulder
clearance); and
(f) removal of static fishing equipment.
In connection with such Work Nos. 1, 2, 4 and 8, ancillary works within the Order limits which
have been subject to an environmental impact assessment recorded in the environmental statement
comprising—
(a) temporary landing places, moorings or other means of accommodating or anchoring
vessels in the construction and/or maintenance of the authorised scheme;
(b) marking buoys, beacons, fenders and other navigational warning or ship impact protection
works; and
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(c) buoys such as wave buoys and LiDAR buoys used for measurement purposes.
4. The substances or articles authorised for deposit at sea are—
(a) iron and steel, copper and aluminium;
(b) stone and rock;
(c) concrete and grout;
(d) sand and gravel;
(e) plastic and synthetic;
(f) material extracted from within the offshore Order limits during construction drilling and
seabed preparation for foundation works, cable preparation works and sandwave clearance
works;
(g) weights used for the calibration of vessels, consisting of a hessian sack, metal shackles
or chains; and
(h) marine coatings, other chemicals and timber.
5. The grid coordinates for the authorised scheme are specified below—
Point Latitude Longitude
142 53° 28′ 51.538″ N 001° 13′ 20.848″ E
143 53° 28′ 51.539″ N 001° 13′ 20.848″ E
144 53° 28′ 27.088″ N 001° 10′ 54.113″ E
145 53° 28′ 40.336″ N 001° 10′ 32.794″ E
146 53° 29′ 37.647″ N 001° 09′ 0.491″ E
147 53° 29′ 37.332″ N 001° 06′ 3.730″ E
148 53° 29′ 19.041″ N 001° 03′ 53.183″ E
149 53° 32′ 32.232″ N 001° 00′ 59.093″ E
150 53° 34′ 31.492″ N 001° 04′ 32.616″ E
151 53° 36′ 34.077″ N 001° 08′ 26.916″ E
152 53° 39′ 12.689″ N 001° 28′ 43.588″ E
153 53° 32′ 3.757″ N 001° 32′ 46.680″ E
154 53° 30′ 57.848″ N 001° 26′ 4.442″ E
155 53° 30′ 57.847″ N 001° 26′ 4.443″ E
6. This licence remains in force until the authorised scheme has been decommissioned in
accordance with a programme approved by the Secretary of State under section 106 (approval of
decommissioning programmes) of the 2004 Act, including any modification to the programme under
section 108 (reviews and revisions of decommissioning programmes)(83) of the 2004 Act, and the
completion of such programme has been confirmed by the Secretary of State in writing.
7. 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) and (8) relating to the transfer of the
licence only apply to a transfer not falling within article 5 (benefit of the Order).
(83) Section 108 was amended by section 69 of the Energy Act 2008 (c. 32).
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8. With respect to any condition which requires the licensed activities be carried out in accordance
with the plans, protocols or statements approved under this licence, the approved details, plan or
scheme are taken to include any amendments that may subsequently be approved in writing by the
MMO.
9. Any amendments to the details, plan or scheme must be in accordance with the principles and
assessments set out in the environmental statement, and approval for an amendment may be given
only where it has been demonstrated to the satisfaction of the MMO that the amendment is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
PART 2
Conditions
Design parameters
10.—(1) Each wind turbine generator forming part of the authorised scheme must not—
(a) exceed a height of 403 metres when measured from LAT to the tip of the vertical blade;
(b) exceed a rotor diameter of 340 metres;
(c) be less than 40 metres from MSL to the lowest point of the rotating blade; and
(d) be less than 605 metres from blade tip to the blade tip of the nearest wind turbine generator.
(2) Wind turbine generator foundation structures forming part of the authorised scheme must be
monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.
(3) In respect of a wind turbine generator—
(a) no monopile foundation may have a diameter greater than 13 metres;
(b) no gravity base structure foundation may have a diameter at the level of the seabed greater
than 55 metres;
(c) no pin pile jacket foundation forming part of the authorised scheme may—
(i)have a pin pile diameter of greater than five metres; or
(ii)employ more than four pin piles per jacket foundation;
(d) no suction bucket jacket foundation forming part of the authorised scheme may—
(i)have a suction bucket diameter of greater than 20 metres; or
(ii)employ more than four suction buckets per jacket foundation;
(4) The total seabed footprint area for wind turbine generator foundations must not exceed—
(a) 122,904 square metres excluding scour protection; and
(b) 1,041,400 square metres including scour protection.
(5) No wind turbine generator or offshore accommodation platform forming part of the authorised
scheme is to be erected within the area hatched black and marked “offshore restricted build area”
on the works plans, whose coordinates are specified below and shown on the offshore order limits
and grid coordinates plan—
Point Latitude Longitude
150 53° 34′ 31.492″ N 001° 04′ 32.616″ E
151 53° 36′ 34.077″ N 001° 08′ 26.916″ E
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Point Latitude Longitude
152 53° 39′ 12.689″ N 001° 28′ 43.588″ E
845 53° 33′ 59.545″ N 001° 03′ 36.079″ E
846 53° 33′ 59.382″ N 001° 03′ 35.074″ E
847 53° 34′ 09.033″ N 001° 03′ 52.365″ E
848 53° 34′ 31.223″ N 001° 04′ 32.133″ E
849 53° 36′ 37.559″ N 001° 19′ 54.519″ E
850 53° 38′ 07.792″ N 001° 29′ 20.432″ E
851 53° 34′ 27.499″ N 001° 06′ 28.034″ E
(6) The total number of wind turbine generators comprised in the authorised development must
not exceed 100.
11.—(1) The total number of offshore accommodation platforms forming part of the authorised
scheme and the authorised scheme in licence 2 (transmission) taken together must not exceed one
(whether constructed under this licence or licence 2 (transmission)).
(2) The dimensions of the offshore accommodation platform forming part of the authorised
scheme must not exceed—
(a) 80.2 metres in height when measured from LAT;
(b) 84 metres in length; and
(c) 84 metres in width.
(3) Offshore accommodation platform foundation structures forming part of the authorised
scheme must be one of either monopile, gravity base structure, pin pile jacket or suction bucket
jacket foundations.
(4) In respect of an offshore accommodation platform—
(a) no monopile foundation may have a diameter greater than 14 metres;
(b) no gravity base structure foundation may exceed, at the level of the seabed—
(i)a length of 72 metres; or
(ii)a width of 36 metres;
(c) no pin pile jacket foundation forming part of the authorised scheme may—
(i)have a pin pile diameter of greater than five metres; or
(ii)employ more than 24 pin piles per jacket foundation;
(d) no suction bucket jacket foundation forming part of the authorised scheme may—
(i)have a suction bucket diameter of greater than 20 metres; or
(ii)employ more than eight suction buckets per jacket foundation;
(5) The total seabed footprint area for offshore accommodation platform foundations must not
exceed—
(a) 2,600 square metres excluding scour protection; and
(b) 19,600 square metres including scour protection.
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12.—(1) The total length of the cables forming part of the authorised scheme and the authorised
scheme in licence 2 (transmission) and the volume and area of their cable protection must not exceed
the following (whether installed under this licence or licence 2 (transmission))—
Work Length Area of cable protection Volume of cable
protection
Work No. 1(b) (array 377.42km 1,270,357m2 1,214,494m3
cable)
Work No. 4 (interlink 123.75km 406,438m2 399,234m3
cables)
(2) The total number of cable crossings in respect of the array cables comprised within Work
No. 1(b) must not exceed 30, unless otherwise agreed with the MMO.
Maintenance of the authorised scheme
13.—(1) The undertaker may at any time maintain the authorised scheme, except to the extent
that this licence or an agreement made under this licence provides otherwise.
(2) No maintenance works whose likely effects are not assessed in the environmental statement
may be carried out, unless otherwise approved by the MMO.
(3) Maintenance works include but are not limited to—
(a) major wind turbine component or offshore accommodation platform replacement;
(b) painting and applying other coatings to wind turbine generators or the offshore
accommodation platform;
(c) bird waste and marine growth removal;
(d) cable remedial burial;
(e) cable repairs and replacement;
(f) cable protection replenishment;
(g) access ladder and boat landing replacement;
(h) wind turbine generator and accommodation platform anode replacement; and
(i) J-tube repair/replacement.
(4) Where the MMO’s approval is required under sub-paragraph (2), approval may be given only
where it has been demonstrated to the satisfaction of the MMO that the approval sought is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
Vessels under the undertaker’s control
14.—(1) The undertaker must issue to operators of vessels under its control operating within the
Order limits a code of conduct to prevent collision risk or injury to marine mammals.
(2) The undertaker must ensure appropriate co-ordination of vessels within its control operating
within the Order limits so as to reduce collision risk to other vessels including advisory safe passing
distances for vessels.
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Extension of time periods
15. Any time period given in this licence to either the undertaker or the MMO may be extended
with the agreement of the other party in writing such agreement not to be unreasonably withheld
or delayed.
Notification and Inspection
16.—(1) The undertaker must ensure that—
(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent
variations to it is provided to—
(i)all agents and contractors notified to the MMO in accordance with condition 25; and
(ii)the masters and offshore operations managers responsible for the vessels notified to
the MMO in accordance with condition 25;
(b) within 28 days of receipt of a copy of this licence those persons referred to in sub-
paragraph (a) above must confirm receipt of this licence in writing to the MMO.
(2) Only those persons and vessels notified to the MMO in accordance with condition 25 are
permitted to carry out the licensed activities.
(3) Copies of this licence must also be available for inspection at the following locations—
(a) the undertaker’s registered address;
(b) any site office located at or adjacent to the construction site and used by the undertaker
or its agents and contractors responsible for the loading, transportation or deposit of the
authorised deposits; and
(c) on board each vessel or at the office of any offshore operations manager with responsibility
for vessels from which authorised deposits or removals are to be made.
(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an
authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.
(5) The undertaker must provide access, and if necessary appropriate transportation, to the
offshore construction site or any other associated works or vessels to facilitate any inspection that the
MMO considers necessary to inspect the works during construction and operation of the authorised
scheme.
(6) The undertaker must inform the MMO Local Office in writing at least 14 days prior to
commencement of the licensed activities or any part of them, and within five days of completion
of the licensed activities.
(7) The Kingfisher Information Service of Seafish must be informed of details of the vessel
routes, timings and locations relating to the construction of the authorised scheme or part thereof
by including the information in a notice via the Kingfisher Service of Seafish portal (https://
kingfisherbulletin.org/submit-notice) and sent by email to kingfisher@seafish.co.uk—
(a) at least 14 days prior to the commencement of offshore activities, for inclusion in the
Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and
(b) as soon as reasonably practicable and no later than 24 hours after completion of
construction of the authorised scheme,
confirmation of notification must be provided to the MMO within five days.
(8) A notice to mariners must be issued at least 14 days prior to the commencement of the licensed
activities or any part of them advising of the start date of Work No. 1, and to the extent that they
are carried out under this licence, Work Nos. 2, 4 and 8, and the expected vessel routes from the
construction ports to the relevant location. Copies of all notices must be provided to the MMO, MCA
and UK Hydrographic Office within five days.
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(9) The notices to mariners must be updated and reissued at weekly intervals during construction
activities and at least five days before any planned operations and maintenance works and
supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction
programme approved under condition 22(1)(b). Copies of all notices must be provided to the MMO
and UK Hydrographic Office within five days.
(10) The undertaker must notify the UK Hydrographic Office—
(a) of commencement of the licensed activities at least 14 days prior to commencement;
(b) of the progress of the licensed activities; and
(c) of completion of construction of the licensed activities within 14 days of completion,
in order that all necessary amendments to nautical charts are made and the undertaker must send a
copy of such notifications to the MMO and MCA within five days.
(11) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS
or any part thereof, excluding the exposure of cables, the undertaker must as soon as reasonably
practicable and no later than 24 hours following the undertaker becoming aware of any such damage,
destruction or decay, notify MMO, MCA, Trinity House, Kingfisher Information Service, the UK
Hydrographic Office and regional fisheries organisations.
(12) In case of exposure of cables on or above the seabed, the undertaker must, within three days
following identification of a cable exposure, notify mariners by issuing a notice to mariners and
by informing Kingfisher Information Service of the location and extent of exposure. Copies of all
notices must be provided to the MMO, MCA, Trinity House, UK Hydrographic Office and regional
fisheries organisations within five days.
Aids to navigation
17.—(1) The undertaker must during the whole period from commencement of the licensed
activities to completion of decommissioning seaward of MHWS exhibit such lights, marks, sounds,
signals and other aids to navigation, and take such other steps for the prevention of danger to
navigation as Trinity House may from time to time direct.
(2) The undertaker must during the period from the start of construction of the authorised scheme
to completion of decommissioning seaward of MHWS keep Trinity House and the MMO informed
of progress of the authorised scheme including the following—
(a) notice of commencement of construction of the authorised scheme within 24 hours of
commencement having occurred;
(b) notice within 24 hours of any aids to navigation being established by the undertaker; and
(c) notice within five days of completion of construction of the authorised scheme.
(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation
in accordance with the frequencies set out in the aids to navigation management plan approved
pursuant to condition 22(1)(i) using the reporting system provided by Trinity House.
(4) The undertaker must during the whole period from commencement of the licensed activities
to completion of decommissioning seaward of MHWS notify Trinity House and the MMO of any
failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as
possible and no later than 24 hours following the undertaker becoming aware of any such failure.
(5) In the event that the provisions of condition 16(11) are invoked, the undertaker must lay
down such buoys, exhibit such lights and take such other steps for preventing danger to navigation
as directed by Trinity House.
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Colouring of structures
18.—(1) Except as otherwise required by Trinity House the undertaker must paint all structures
forming part of the authorised scheme yellow (colour code RAL 1023) from at least Highest
Astronomical Tide to a height as directed by Trinity House.
(2) Subject to sub-paragraph (1) above, unless the MMO otherwise directs, the undertaker must
ensure that the remainder of the structures are painted submarine grey (colour code RAL 7035).
Aviation safety
19. The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14
days prior to the commencement of the authorised scheme, in writing of the following information—
(a) the date of the commencement of construction of the authorised scheme;
(b) the date any wind turbine generators are brought into use;
(c) the maximum height of any construction equipment to be used;
(d) the maximum heights of any wind turbine generator and offshore accommodation platform
to be constructed; and
(e) the latitude and longitude of each wind turbine generator and offshore accommodation
platform to be constructed,
and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the
information supplied under this paragraph and of the completion of the construction of the authorised
scheme. Copies of notifications must be provided to the MMO within five days of the notification
to the Defence Infrastructure Organisation Safeguarding.
Chemicals, drilling and debris
20.—(1) Unless otherwise agreed in writing by the MMO, all chemicals and substances, including
paints and coatings, used below MHWS for the undertaking of the licensed activities must be
approved in writing by the MMO prior to use. Submission for approval to the MMO must take place
no later than ten weeks prior to use, unless otherwise agreed by the MMO in writing.
(2) The undertaker must ensure that any coatings/treatments are suitable for use in the marine
environment and are used in accordance with guidelines approved by Health and Safety Executive
and the Environment Agency Pollution Prevention Control Guidelines.
(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances
must be undertaken so as to prevent releases into the marine environment, including bunding of
110% of the total volume of all reservoirs and containers.
(4) The undertaker must inform the MMO of the location and quantities of material disposed
of each month under the Order, by submission of a disposal return by 15 February each year for
the months August to January inclusive, and by 15 August each year for the months February to
July inclusive.
(5) The undertaker must ensure that only inert material of natural origin, drilling mud and dredged
material, produced during the drilling installation of or seabed preparation for foundations, and
sandwave clearance works is disposed of within the disposal site reference(s) to be provided in
writing by the MMO within the extent of the Order limits seaward of MHWS. Any material of
anthropogenic origin will be screened out and disposed of at an appropriate waste facility onshore.
(6) The undertaker must ensure that any rock material used in the construction of the authorised
scheme is from a recognised source, free from contaminants and containing minimal fines.
(7) In the event that any rock material used in the construction of the authorised scheme is
misplaced or lost below MHWS, the undertaker must report the loss to the MMO Local Office
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within 48 hours and if the MMO reasonably considers such material to constitute a navigation
or environmental hazard (dependent on the size and nature of the material) the undertaker must
endeavour to locate the material and recover it.
(8) The undertaker must ensure that no waste concrete slurry or wash water from concrete or
cement works are discharged into the marine environment. Concrete and cement mixing and washing
areas must be contained to prevent run off entering the water through the freeing ports.
(9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment
is reported to the MMO, Marine Pollution Response Team in accordance with the marine pollution
contingency plan approved under condition 22(1)(e)(i).
(10) Debris or dropped objects which are considered a danger or hazard to navigation must be
reported as soon as reasonably practicable but no later than six hours from the undertaker becoming
aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by
telephone (0344 382 0580), and the UK Hydrographic Office email: navwarnings@btconnect.com.
(11) All dropped objects including those in sub-paragraph (10), must be reported to the MMO
using the Dropped Object Procedure Form (including any updated form as provided by the MMO) as
soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware
of an incident, unless otherwise agreed in writing with the MMO.
(12) On receipt of notification or the Dropped Object Procedure Form the MMO may require
relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do
so and the MMO may require obstructions to be removed from the marine environment at the
undertaker’s expense if reasonable to do so.
Notification of unauthorised deposits
21.—(1) If the master of a vessel determines that it is necessary to make an unauthorised
deposit within or outside of the Order limits because the safety of human life and/or of the vessel
is threatened, within 48 hours full details of the circumstances of the deposit must be notified to
the MMO.
(2) The unauthorised deposits must be removed at the expense of the undertaker unless written
approval is obtained from the MMO.
Pre-construction plans and documentation
22.—(1) The licensed activities or any part of those activities must not commence until the
following (as relevant to that part) have been submitted to and approved in writing by the MMO—
(a) A design plan at a scale of between 1:25,000 and 1:50,000, including detailed
representation on the most suitably scaled admiralty chart, to be approved in writing by
the MMO in consultation with Trinity House, the MCA, UKHO and the relevant statutory
nature conservation body which shows—
(i)the proposed location and choice of foundation of all wind turbine generators and
the offshore accommodation platform;
(ii)the grid coordinates of the centre point of the proposed location for each wind turbine
generator and offshore accommodation platform;
(iii)the height to the tip of the vertical blade and height to the centreline of the generator
shaft forming part of the hub;
(iv)rotor diameter and spacing of all wind turbine generators;
(v)the length and arrangement of all cables comprising Work No. 1(b) and, to the extent
that they are to be installed under this licence, Work No. 4;
(vi)the dimensions of all gravity base structure foundations;
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(vii)the dimensions of all pin pile jacket foundations;
(viii)the dimensions of all suction bucket jacket foundations;
(ix)the dimensions of all monopile foundations;
(x)the proposed layout of all wind turbine generators (to be in accordance with the
layout principles and which must accord with the recommendations for layout
contained in MGN654 and its annexes) and the offshore accommodation platform
including any exclusion zones identified under condition 22(1)(g)(iv);
(xi)a plan showing the indicative layout of all wind turbine generators and the offshore
accommodation platform including all exclusion zones (insofar as not shown in (ix)
above) and showing the indicative programming of particular works as set out in the
indicative programme to be provided under condition 22(1)(b)(iii); and
(xii)any exclusion zones/environmental micrositing requirements;
to ensure conformity with the description of Work Nos. 1, 2, 4 and 8 and compliance with
conditions 1 to 21 above.
(b) A construction programme to include details of—
(i)the proposed construction start date;
(ii)proposed timings for mobilisation of plant delivery of materials and installation
works;
(iii)an indicative written construction programme for all wind turbine generators, the
offshore accommodation platform and cables comprised in the works at paragraph
3 of Part 1 (licensed marine activities) of this licence (insofar as not shown in sub-
paragraph (ii) above);
(c) A monitoring plan (which accords with the in principle monitoring plan) to include details
of proposed pre-construction surveys, baseline report format and content, construction
monitoring, post-construction monitoring and related reporting in accordance with
conditions 26, 27 and 28 to be submitted to the MMO in accordance with the following—
(i)at least six months prior to the first survey, detail of the pre-construction surveys and
an outline of all proposed monitoring;
(ii)at least six months prior to construction, detail of construction monitoring;
(iii)at least six months prior to completion of construction, detail of post-construction
(and operational) monitoring;
unless otherwise agreed in writing with the MMO.
(d) A construction method statement in accordance with the construction methods assessed
in the environmental statement, to be submitted to the MMO at least six months prior to
commencement of licensed activities, and including details of—
(i)foundation installation methodology, including drilling methods and disposal of drill
arisings and material extracted during seabed preparation for foundation works;
(ii)cable specification, installation and monitoring, in accordance with the outline cable
specification and installation plan, to include—
(aa)technical specification of offshore cables below MHWS;
(bb)a detailed cable laying plan for the Order limits, incorporating a burial
risk assessment encompassing the identification of any cable protection
that exceeds 5% of navigable depth referenced to Chart Datum and, in the
event that any area of cable protection exceeding 5% of navigable depth
is identified, details of any steps (to be determined following consultation
with the MCA and Trinity House) to be taken to ensure existing and
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future safe navigation is not compromised or such similar assessment to
ascertain suitable burial depths and cable laying techniques, including cable
protection; and
(cc)proposals for monitoring offshore cables and the status of cable protection
during the operational lifetime of the authorised scheme which include a risk
based approach to the management of unburied or shallow buried cables.
(iii)scour protection and cable protection management in accordance with the outline
scour protection and cable protection management plan including details of the
need, type, sources, quantity and installation methods for scour protection and cable
protection, with details updated and resubmitted for approval if changes to it are
proposed following cable laying operations;
(iv)main contractors;
(v)vessels and vessels transit corridors; and
(vi)associated and ancillary works.
(e) A project environmental management plan in accordance with the outline project
environmental management plan covering the period of construction and operation to
include details of—
(i)a marine pollution contingency plan to address the risks, methods and procedures
to deal with any spills and collision incidents of the authorised scheme in relation
to all activities carried out;
(ii)a chemical risk assessment to include information regarding how and when
chemicals are to be used, stored and transported in accordance with recognised best
practice guidance;
(iii)waste management and disposal arrangements;
(iv)the appointment and responsibilities of a fisheries liaison officer;
(v)a fisheries liaison and coexistence plan in accordance with the outline fisheries
liaison and coexistence plan to ensure relevant fishing fleets are notified of
commencement of licensed activities pursuant to condition 16 and to address the
interaction of the licensed activities with fishing activities;
(vi)a vessel management plan in accordance with the outline vessel management plan
including details of vessel routing to and from construction sites and ports and to
include a code of conduct for vessel operators; and
(vii)a marine biosecurity plan detailing how the risk of introduction and spread of
invasive non-native species will be minimised.
(f) In the event that driven or part-driven pile foundations are proposed to be used, a marine
mammal mitigation protocol in accordance with the outline marine mammal mitigation
protocol (piling), the intention of which is to prevent injury to marine mammals, following
current best practice as advised by the relevant statutory nature conservation body, to be
submitted to the MMO at least six months prior to commencement of piling activities. The
marine mammal mitigation protocol must include deployment of noise mitigation systems
or noise abatement systems (or both) that will be utilised to manage sounds from those
piling activities. The marine mammal mitigation protocol must include full details and
justification for the mitigation chosen or excluded for deployment.
(g) A written scheme of archaeological investigation in relation to the offshore Order limits
seaward of mean high water, which must be submitted to the statutory historic body at least
six months prior to commencement of the licensed activities and to the MMO at least four
months prior to commencement of the licensed activities and which must accord with the
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outline marine archaeological written scheme of investigation and industry good practice,
in consultation with the statutory historic body to include—
(i)details of responsibilities of the undertaker, archaeological consultant and contractor;
(ii)a methodology for further site investigation including any specifications for
geophysical, geotechnical and diver or remotely operated vehicle investigations;
(iii)archaeological analysis of survey data, and timetable for reporting, which is to be
submitted to the MMO within four months of any survey being completed;
(iv)delivery of any mitigation including, where necessary, identification and
modification of archaeological exclusion zones;
(v)monitoring of archaeological exclusion zones during and post construction, where
required;
(vi)a requirement for the undertaker to ensure that a copy of any agreed archaeological
report is deposited with the Archaeological Data Service, by submitting an OASIS
(Online AccesS to the Index of archaeological investigationS) form with a digital
copy of the report within six months of completion of construction of the authorised
scheme, and to notify the MMO and Historic England that the OASIS form has been
submitted to the Archaeological Data Service within two weeks of submission;
(vii)a reporting and recording protocol, including reporting of any wreck or wreck
material during construction, operation and decommissioning of the authorised
scheme; and
(viii)a timetable for all further site investigations, which must allow sufficient opportunity
to establish a full understanding of the historic environment within the offshore
Order limits and the approval of any necessary mitigation required as a result of the
further site investigations prior to commencement of licensed activities.
(h) An offshore operations and maintenance plan, in accordance with the outline offshore
operations and maintenance plan, to be submitted to the MMO at least six months prior
to commencement of operation of the licensed activities and to provide for review and
resubmission every three years during the operational phase.
(i) An aids to navigation management plan to be approved in writing by the MMO following
consultation with Trinity House, to include details of how the undertaker will comply with
the provisions of condition 17 for the lifetime of the authorised scheme.
(j) A biogenic reef mitigation plan in accordance with the outline biogenic reef mitigation
plan.
(2) In the event that driven or part-driven pile foundations are proposed to be used, the hammer
energy used to drive or part-drive the pile foundations must not exceed—
(a) 6,600kJ in respect of monopile foundations; and
(b) 3,500kJ in respect of pin piles.
(3) Pre-construction archaeological investigations and pre-commencement material operations
which involve intrusive seabed works must only take place in accordance with a specific written
scheme of archaeological investigation which is itself in accordance with the details set out in the
outline written scheme of investigation (offshore), and which has been submitted to and approved
by the MMO in consultation with the statutory historic body.
(4) Where an application for approval is made under condition 13(1)(c), (d), (e), (f), (h) or (j),
the MMO must consult the relevant statutory nature conservation body.
23.—(1) Any archaeological reports produced in accordance with condition 22(1)(g)(iii) are to
be approved by the statutory historic body.
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(2) Each programme, statement, plan, protocol or scheme required to be approved under
condition 22 must be submitted for approval at least four months prior to the intended
commencement of licensed activities, except where otherwise stated or unless otherwise agreed in
writing by the MMO.
(3) No licensed activity may commence until for that licensed activity the MMO has approved
in writing any relevant programme, statement, plan, protocol or scheme required to be approved
under condition 22.
(4) Subject to sub-paragraph (6), the MMO must determine an application for approval made
under condition 22 within a period of four months commencing on the date the application is received
by the MMO, unless otherwise agreed in writing with the undertaker.
(5) The licensed activities must be carried out in accordance with the approved plans, protocols,
statements, schemes and details approved under condition 22, unless otherwise agreed in writing
by the MMO.
(6) Where an application for approval is made under condition 13(1)(c), (d), (f) or (h), the MMO
must determine the application for approval within a period of six months commencing on the date
the application is received by the MMO, unless otherwise agreed in writing with the undertaker.
Offshore safety management
24. No part of the authorised scheme may commence until the MMO, in consultation with the
MCA, has confirmed in writing that the undertaker has taken into account and, so far as is applicable
to that part of the authorised scheme, adequately addressed all MCA recommendations as appropriate
to the authorised scheme contained within MGN654 “Offshore Renewable Energy Installations
(OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its
annexes.
Reporting of engaged agents, contractors and vessels
25.—(1) The undertaker must provide the following information to the MMO, unless otherwise
agreed in writing by the MMO—
(a) the name, company number (if applicable), address and function of any agent, contractor
or subcontractor appointed to engage in the licensed activities not less than ten working
days prior to such agent or contractor commencing any licensed activity; and
(b) each week during the construction of the authorised scheme a completed Hydrographic
Note H102 listing the vessels currently and to be used in relation to the licensed activities,
including the master’s name, vessel type, vessel IMO number and vessel owner or
operating company.
(2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent,
contractor or vessel engaging in the licensed activities.
Pre-construction monitoring and surveys
26.—(1) The undertaker must, in discharging condition 22(1)(c), submit details (which accord
with the in principle monitoring plan) for written approval by the MMO in consultation with
the relevant statutory nature conservation body of proposed pre-construction surveys, including
methodologies (including appropriate buffers, where relevant) and timings, and a proposed format
and content for a pre-construction baseline report; and
(a) the survey proposals must specify each survey’s objectives and explain how it will assist in
either informing a useful and valid comparison with the post-construction position or will
enable the validation or otherwise of key predictions in the environmental statement; and
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(b) the baseline report proposals must ensure that the outcome of the agreed surveys together
with existing data and reports are drawn together to present a valid statement of the pre-
construction position, with any limitations, and must make clear what post-construction
comparison is intended and the justification for this being required.
(2) The pre-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed
with the MMO in writing, have due regard to, but not be limited to, the need to undertake—
(a) an appropriate survey or surveys to determine the location, extent and composition of
any benthic habitats of conservation, ecological and/or economic importance constituting
Annex 1 reef habitats in the parts of the Order limits in which it is proposed to carry out
construction works;
(b) a swath-bathymetry survey to IHO Order 1a standard that meets the requirements
MGN654 and its annexes, and side scan sonar, of the area(s) within the Order limits in
which it is proposed to carry out construction works;
(c) any marine mammal monitoring required by the monitoring plan submitted in accordance
with condition 22(1)(c); and
(d) any ornithological monitoring required by the monitoring plan submitted in accordance
with condition 22(1)(c).
(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide
the baseline report to the MMO in the agreed format in accordance with the agreed timetable,
unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature
conservation body.
Construction monitoring
27.—(1) The undertaker must, in discharging condition 22(1)(c), submit details (which accord
with the in principle monitoring plan) for written approval by the MMO in consultation with the
relevant statutory nature conservation body of any proposed monitoring, including methodologies
and timings, to be carried out during the construction of the authorised scheme. The monitoring
proposals must specify each survey’s objectives.
(2) In the event that driven or part-driven pile foundations are proposed, such monitoring must
include measurements of noise generated by the installation of the first four piled foundations
of each piled foundation type to be installed collectively under this licence and under licence 2
(transmission), unless otherwise agreed in writing by the MMO.
(3) The results of the initial noise measurements monitored in accordance with sub-paragraph (2)
must be provided to the MMO within six weeks of the installation of the first four piled foundations
of each piled foundation type (unless otherwise agreed with the MMO). The assessment of this report
by the MMO will determine whether any further noise monitoring is required. If, in the opinion of
the MMO in consultation with the statutory nature conservation body, the assessment shows impacts
significantly in excess of those assessed in the environmental statement or failures in mitigation,
all piling activity must cease until an update to the marine mammal mitigation protocol and further
monitoring requirements have been agreed.
(4) The undertaker must carry out the monitoring approved under sub-paragraph (1), including
any further noise monitoring required in writing by the MMO, and provide the agreed reports in the
agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the
MMO in consultation with the relevant statutory nature conservation body.
(5) Construction monitoring must include vessel traffic monitoring by automatic identification
system for the duration of the construction period. An appropriate report must be submitted to the
MMO, Trinity House and the MCA at the end of each year of the construction period.
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Post construction
28.—(1) The undertaker must, in discharging condition 22(1)(c), submit details (which accord
with the in principle monitoring plan) for written approval by the MMO in consultation with relevant
statutory nature conservation body of proposed post-construction surveys, including methodologies
(including appropriate buffers, where relevant) and timings, and a proposed format, content and
timings for providing reports on the results. The survey proposals must specify each survey’s
objectives and explain how it will assist in either informing a useful and valid comparison with
the pre-construction position or will enable the validation or otherwise of key predictions in the
environmental statement.
(2) The post-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed
with the MMO, have due regard to, but not be limited to, the need to undertake—
(a) an appropriate survey or surveys to determine any change in the location, extent
and composition of any benthic habitats of conservation, ecological and/or economic
importance constituting Annex 1 reef habitats identified in the pre-construction survey in
the parts of the Order limits in which construction works were carried out. The survey
design must be informed by the results of the pre-construction benthic survey;
(b) within twelve months of completion of Works Nos. 1, 2, 4 and 8, a full sea floor coverage
swath-bathymetry survey that meets the requirements of MGN654 and its annexes, and
side scan sonar, of the area(s) within the Order limits in which construction works were
carried out to assess any changes in bedform topography and such further monitoring or
assessment as may be agreed to ensure that cables have been buried or protected;
(c) any marine mammal monitoring required by the monitoring plan submitted in accordance
with condition 22(1)(c);
(d) any ornithological monitoring required by the monitoring plan submitted in accordance
with condition 22(1)(c); and
(e) post-construction traffic monitoring, which includes vessel traffic monitoring by
automatic identification system for a duration of three consecutive years following the
completion of construction of the authorised scheme, unless otherwise agreed in writing
by the MMO. An appropriate report must be submitted to the MMO, Trinity House and
the MCA at the end of each year of the three year period.
(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the
agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed
in writing with the MMO in consultation with the relevant statutory nature conservation body.
(4) Following installation of cables, the cable monitoring plan required under condition 22(1)
(d)(ii)(cc) must be updated with the results of the post installation surveys. The plan must be
implemented during the operational lifetime of the project and reviewed as specified within the plan,
following cable burial surveys, or as instructed by the MMO.
Reporting of impact pile driving
29.—(1) Only when driven or part-driven pile foundations are proposed to be used as part of the
foundation installation the undertaker must provide the following information to the Marine Noise
Registry—
(a) prior to the commencement of the licenced activities, information on the expected location,
start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward
Look requirements;
(b) at six month intervals following the commencement of pile driving, information on the
locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close
Out requirements; and
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(c) within 12 weeks of completion of impact pile driving, information on the locations and
dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.
(2) The undertaker must notify the MMO of the successful submission of Forward Look or Close
Out data pursuant to sub-paragraph (1) above within 7 days of the submission.
(3) For the purpose of this condition—
(a) “Marine Noise Registry” means the database developed and maintained by JNCC on
behalf of Defra to record the spatial and temporal distribution of impulsive noise
generating activities in UK seas; and
(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise
Registry Information Document Version 1 (July 2015) or any updated information
document.
Deployment of cable protection
30. No cable protection granted by this licence may be deployed within the IDRBNR SAC after
the construction period has ended. Any cable protection to be installed outside of the IDRBNR SAC
following completion of construction in locations where cable protection was not installed during
construction must be deployed within 10 years of completion of construction, unless otherwise
agreed by the MMO in writing.
Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)
31.—(1) No piling activities can begin until a Site Integrity Plan (SIP), which accords with
the principles set out in the in principle Southern North Sea SAC Site Integrity Plan, has been
submitted to, and approved in writing, by the MMO in consultation with the relevant statutory nature
conservation body.
(2) The SIP submitted for approval must contain a description of the conservation objectives
for the Southern North Sea Special Area of Conservation (SNS SAC) as well as any relevant
management measures and it must set out the key statutory nature conservation body advice on
activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this
has been considered in the context of the authorised scheme.
(3) The SIP must be submitted to the MMO no later than six months prior to the commencement
of piling activities.
(4) In approving the SIP the MMO must be satisfied that the authorised scheme at the pre-
construction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.
(5) The approved SIP may be amended with the prior written approval of the MMO, in
consultation with the relevant statutory nature conservation body, where the MMO remains satisfied
that the authorised scheme, in-combination with other plans or projects at the pre-construction stage,
is in line with the JNCC Guidance.
(6) The MMO must determine an application for approval made under condition 22 within a
period of six months commencing on the date the application is received by the MMO, unless
otherwise agreed in writing with the undertaker.
(7) The licensed activities must be carried out in accordance with the SIP approved under
condition 22, unless otherwise agreed in writing by the MMO.
Completion of construction
32.—(1) The undertaker must submit a close out report to the MMO, MCA, UKHO, the relevant
statutory nature conservation body and Trinity House within three months of the date of completion
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of construction. The close out report must confirm the date of completion of construction and must
include the following details—
(a) the final number of installed wind turbine generators;
(b) the installed wind turbine generator parameters relevant for ornithological collision risk
modelling;
(c) as built plans;
(d) latitude and longitude coordinates of the centre point of the location for each wind
turbine generator and the offshore accommodation platform provided as Geographical
Information System data referenced to WGS84 datum;
(e) latitude and longitude coordinates of the array cable routes provided as Geographical
Information System data referenced to WGS84 datum; and
(f) the location, volume and area of cable protection.
(2) Following completion of construction, no further construction activities can be undertaken
under this licence, with the exception of the deployment of cable protection.
(3) For any subsequent deployments of cable protection following completion of construction, the
undertaker must submit an updated close out report not more than four months following deployment
of the cable protection.
Maintenance reporting
33.—(1) An annual maintenance report must be submitted to the MMO in writing within three
months following the first anniversary of the date of commencement of operations, and every year
thereafter until the permanent cessation of operation.
(2) The report must provide a record of the licensed activities as set out in condition 4 during the
preceding year, the timing of activities and methodologies used.
(3) Every fifth year, the undertaker must submit to the MMO in writing, within three months of
that date, a consolidated maintenance report, which will—
(a) include a review of licensed activities undertaken during the preceding five years with
reference to the reports submitted in accordance with condition 24(1) of this licence; and
(b) reconfirm the applicability of the methodologies and frequencies of the licensable
activities permitted by this licence for the remaining duration of this licence.
Piling restriction for spawning herring
34.—(1) No piling activity may be undertaken within the spawning herring piling restriction area
during the herring spawning season, unless otherwise approved in writing by the MMO.
(2) In this condition—
(a) “herring spawning season” means 1 September and 16 October inclusive;
(b) “spawning herring piling restriction area” means the area identified as the spawning
herring piling restriction area within the spawning herring piling restriction plan; and
(c) “spawning herring piling restriction plan” means the plan certified as the spawning herring
piling restriction plan by the Secretary of State for the purposes of the Order under article.
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SCHEDULE 11 Article 31
Deemed marine licence under the 2009 Act – offshore transmission assets
PART 1
Licensed marine activities
1.—(1) In this licence—
“the 2004 Act” means the Energy Act 2004(84);
“the 2008 Act” means the Planning Act 2008(85);
“the 2009 Act” means the Marine and Coastal Access Act 2009(86);
“the 2017 Offshore Regulations” means the Conservation of Offshore Marine Habitats and
Species Regulations 2017(87);
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;
“Annex 1 reef” means a reef of a type listed in Annex 1 to Council Directive 92/43/EEC on
the conservation of natural habitats and of wild fauna and flora;
“authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of
this licence;
“authorised scheme” means Work Nos. 2 to 8 and 11 described in paragraph 3 of Part 1 of this
licence or any part of that work;
“buoy” means any floating device used for navigational purposes or measurement purposes,
including LiDAR buoys, wave buoys and guard buoys;
“cable crossings” means the crossing of existing sub-sea cables or pipelines or other existing
infrastructure by cable circuits authorised by this Order together with physical protection
measures including cable protection;
“cable protection” means measures to protect cables from physical damage including the
use of bagged solutions filled with grout or other materials, protective aprons or coverings,
mattresses, flow energy dissipation devices or rock and gravel burial;
“commence” means the first carrying out of any licensed marine activities authorised by
this licence, save for operations consisting of offshore preparation works and the words
“commencement” and “commenced” must be construed accordingly;
“condition” means a condition in Part 2 of this licence;
“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding,
Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands, B75
7RL and any successor body to its functions;
“enforcement officer” means a person authorised to carry out enforcement duties under
Chapter 3 of Part 4 (marine licensing) of the 2009 Act;
“Environment Agency” means the non-departmental public body of that name created by
section 1 of the Environment Act 1995;
“environmental statement” means the document certified as the environmental statement by
the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.);
(84) 2004 c. 20.
(85) 2008 c. 29.
(86) 2009 c. 23.
(87) S.I. 2017/13.
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“gravity base structure” means a structure principally of steel, concrete, or steel and concrete
which rests on the seabed either due to its own weight with or without added ballast or
additional skirts and associated equipment including scour protection, J-tubes, corrosion
protection systems and access platforms and equipment;
“Historic England” means the Historic Buildings and Monuments Commission for England;
“the IDRBNR SAC” means the site designated as the Inner Dowsing, Race Bank and North
Ridge Special Area of Conservation;
“in principle monitoring plan” means the document certified as the in principle monitoring
plan by the Secretary of State for the purposes of the Order under article 40 (certification of
plans etc.);
“in principle Southern North Sea SAC Site Integrity Plan” means the document certified as
the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the
purposes of the Order under article 40 (certification of plans etc.);
“interlink cable” means the cables comprised within Work No. 4 that link the offshore
transformer substations to each other and to the offshore accommodation platform;
“intertidal area” means the area between MHWS and MLWS;
“JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the
significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’
Joint Nature Conservation Committee Report No. 654, May 2020 published in June 2020 as
amended, updated or superseded from time to time;
“LAT” means lowest astronomical tide;
“licence 1 (generation)” means the licence set out in Schedule 10 (deemed marine licence
under the 2009 Act – generation assets);
“licensed activities” means the activities specified in Part 1 of this licence;
“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove,
reconstruct and replace (including replenishment of cable protection), but does not include the
removal, reconstruction or replacement of foundations associated with the offshore works, to
the extent assessed in the environmental statement; and “maintenance” and any derivative of
maintain must be construed accordingly;
“mean high water springs” or “MHWS” means the highest level which spring tides reach on
average over a period of time;
“mean low water springs” or “MLWS” means the average height of all low waters above Chart
Datum;
“Marine Management Organisation” or “MMO” means the body created under the 2009 Act
which is responsible for the monitoring and enforcement of this licence;
“MCA” means the Maritime and Coastguard Agency;
“monopile foundation” means a steel pile, driven and/or drilled into the seabed and associated
equipment including scour protection, J-tubes, corrosion protection systems and access
platforms and equipment;
“offshore accommodation platform” means a structure attached to the seabed by means of
a foundation, with one or more decks and a helicopter platform (including bird deterrents),
containing housing accommodation, storage, workshop, auxiliary equipment and facilities for
operating, maintaining and controlling the wind turbine generators and offshore electrical
installations;
“offshore electrical installations” means the small offshore transformer substations, the large
offshore transformer substations, and the offshore reactive compensation platforms forming
part of the authorised scheme;
163Document Generated: 2026-03-20
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“offshore Order limits” means the limits shown on the works plans within which the authorised
scheme may be carried out;
“offshore preparation works” means surveys and monitoring seaward of MHWS undertaken
prior to the commencement of construction to prepare for construction;
“offshore reactive compensation platform” means a structure attached to the seabed by means
of a foundation, with one or more decks (including bird deterrents) housing electrical reactors
and switchgear for the purpose of the efficient transfer of power in the course of HVAC
transmission by providing reactive compensation;
“offshore reactive compensation platform design principles statement” means the document
certified as the offshore reactive compensation platform design principles statement by the
Secretary of State for the purposes of the Order under article 41;
“offshore transformer substation” means a structure attached to the seabed by means of a
foundation, with one or more decks and a helicopter platform (including bird deterrents),
containing—
(a) electrical equipment required to switch, transform, convert electricity generated at the
wind turbine generators to a higher voltage and provide reactive power compensation;
and
(b) housing accommodation, storage, workshop auxiliary equipment, radar and facilities for
operating, maintaining and controlling the substation or wind turbine generators;
“the Order” means the Outer Dowsing Offshore Wind Farm Order 2026;
“outline biogenic reef mitigation plan” means the document certified as the outline biogenic
reef mitigation plan by the Secretary of State for the purposes of the Order under article 40;
“outline cable specification and installation plan” means the document certified as the outline
cable specification and installation plan by the Secretary of State for the purposes of the Order
under article 40;
“outline fisheries liaison and coexistence plan” means the document certified as the outline
fisheries liaison and coexistence plan by the Secretary of State for the purposes of the Order
under article 40;
“outline marine mammal mitigation protocol (piling)” means the document certified as the
outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes
of the Order under article 40;
“outline offshore operations and maintenance plan” means the document certified as the outline
offshore operations and maintenance plan by the Secretary of State for the purposes of the
Order under article 40;
“outline offshore reactive compensation platform lighting management plan” means
the document certified as the outline offshore reactive compensation platform lighting
management plan by the Secretary of State for the purposes of the Order under article 40;
“outline project environmental management plan” means the document certified as the outline
project environmental management plan by the Secretary of State for the purposes of the Order
under article 40;
“outline scour protection and cable protection management plan” means the document certified
as the outline scour protection and cable protection management plan by the Secretary of State
for the purposes of the Order under article 40;
“outline vessel management plan” means the document certified as the outline vessel
management plan by the Secretary of State for the purposes of the Order under article 40;
164Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
“outline marine archaeological written scheme of investigation” means the document certified
as the outline marine archaeological written scheme of investigation by the Secretary of State
for the purposes of the Order under article 40;
“pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure steel
jacket foundations;
“pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which
is fixed to the seabed at three or more points with steel pin piles and associated equipment
including scour protection, J-tubes, corrosion protection systems and access platform(s) and
equipment;
“SAC” means special area of conservation;
“statutory historic body” means Historic England or its successor in function;
“statutory nature conservation body” means the appropriate nature conservation body as
defined in regulation 5 of the 2017 Regulations;
“suction bucket” means large diameter steel cylindrical shells which penetrate the seabed
assisted by a hydrostatic pressure differential for securing steel jacket foundations;
“suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel
which is fixed to the seabed at three or more points with steel suction buckets and associated
equipment including scour protection, J-tubes, corrosion protection systems and access
platform(s) and equipment;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“undertaker” means GT R4 Limited (company number 13281221);
“vessel” means every description of vessel, however propelled or moved, and includes a non-
displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil
vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted
for movement through, in, on or over water and which is at the time in, on or over water;
“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton,
Somerset, TA1 2DN;
“Work No. 12” means up to four underground cable circuits and up to six associated cable
ducts; and
“works plans” means the plans certified as the works plans onshore and works plans offshore
by the Secretary of State for the purposes of the Order under article 40 (certification of plans
etc.).
(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 coordinates are taken to be latitude and longitude degrees and minutes to two decimal
places.
(4) Except where otherwise notified in writing by the relevant organisation, the primary point of
contact with the organisations listed below and the address for returns and correspondence are—
(a) Marine Management Organisation
Marine Licensing Team
Tyneside House
Skinnerburn Road
165Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Newcastle upon Tyne
NE4 7AR
Tel: 0300 123 1032;
(b) Marine Management Organisation (local office)
CEFAS (Centre for Environment, Fisheries and Aquaculture Science) Building
Pakefield Road
Lowestoft
NR33 0HT
Tel: 0208 026 6094;
(c) Trinity House
Tower Hill
London
EC3N 4DH
Tel: 020 7481 6900;
(d) The United Kingdom Hydrographic Office
Admiralty Way
Taunton
Somerset
TA1 2DN
Tel: 01823 337 900;
(e) Maritime and Coastguard Agency
UK Technical Services Navigation
Spring Place 105 Commercial Road
Southampton
SO15 1EG
Tel: 020 3817 2426/2433
Email: navigationsafety@mcga.gov.uk;
(f) Natural England
4th Floor, Foss House
1-2 Peasholme Green
York
YO1 7PX
Tel: 0300 060 3900;
(g) Historic England
The Foundry
82 Granville Street
Birmingham
B1 2LH
Tel: 0121 625 6888
166Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
2. Subject to the licence conditions at Part 2, 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—
(a) the deposit at sea of the substances and articles specified in paragraph 4 below;
(b) the construction of works in or over the sea or on or under the sea bed;
(c) dredging for the purposes of seabed preparation for foundation works and cable laying
preparation works;
(d) debris clearance works;
(e) boulder clearance works either by displacement ploughing or subsea grab technique or
other equivalent method;
(f) the removal of out of service cables;
(g) the removal of sediment samples for the purposes of informing environmental monitoring
under this licence during pre-construction, construction and operation;
(h) removal of static fishing gear; and
(i) the disposal of up to 18,381,000 cubic metres of inert material of natural origin and/or
dredged material within the offshore Order limits produced during construction drilling or
seabed preparation for foundation works, sandwave clearance, boulder clearance works
and excavation of trenchless technique exit pits at disposal site reference(s) to be provided
in writing by the MMO within the extent of the Order limits seaward of MHWS (some of
which may alternatively be disposed under licence 1 (generation)).
3. Such activities are authorised in relation to the construction, maintenance and operation of—
Work No. 2— up to one offshore accommodation platform fixed to the seabed by either monopile,
gravity base structure, pin pile jacket or suction bucket jacket foundations (which may alternatively
be constructed under licence 1 (generation));
Work No. 3—
(a) up to four small offshore transformer substations each fixed to the seabed by monopile,
gravity base structure, pin pile jacket or suction bucket jacket foundations; or
(b) up to two large offshore transformer substations each fixed to the seabed by monopile,
gravity base structure, pin pile jacket or suction bucket jacket foundations;
Work No. 4— a network of interlink cables between the offshore transformer substations comprised
within Work No. 3 and between the offshore transformer substations comprised within Work No. 3
and the offshore accommodation platform comprised within Work No. 2, for the transmission
of electricity and electronic communications, including one or more cable crossings (which may
alternatively be constructed under licence 1 (generation), in whole or in part);
Work No. 5— up to four cable circuits between Work No. 3 and Work No. 7, and between Work
No. 7 and Work No. 11 or between Work No. 3 and Work No. 11 consisting of offshore export cables
along routes within the Order limits seaward of MLWS including one or more cable crossings;
Work No. 6— up to six temporary trenchless technique exit pits;
Work No. 7— up to two offshore reactive compensation platforms fixed to the seabed by monopile,
pin pile jacket or suction bucket jacket foundations;
Work No. 8— a temporary work area associated with Work Nos. 2, 3, 4, 5, 6, 7, 9, 10 and 11 for
vessels to carry out anchoring and positioning, and for the wet storage of construction materials;
Work No. 11— landfall connection works consisting of up to four underground cable circuits and up
to six associated cable ducts to the works comprised within Work No. 12;
167Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
In connection with such Work Nos. 2 to 8 and 11 and to the extent that they do not otherwise
form part of any such work, further associated development within the meaning of section 115(2)
(development for which development consent may be granted) of the 2008 Act comprising such other
works as may be necessary or expedient for the purposes of or in connection with the relevant part
of the authorised scheme and which fall within the scope of the work assessed by the environmental
statement and the provisions of this licence including—
(a) scour protection around the foundations of the offshore structures;
(b) cable protection measures such as but not limited to the placement of rock, split pipe
system, and/or mattresses;
(c) cable crossings;
(d) dredging;
(e) the removal of material from the seabed required for the construction of Work Nos. 2 to
8 and 11 and the disposal of inert material of natural origin and dredged material within
the Order limits produced during construction drilling, seabed preparation for foundation
works, cable installation preparation works (such as sandwave clearance and boulder
clearance) and excavation of trenchless technique exit pits; and
(f) removal of static fishing equipment.
In connection with such Work Nos. 2 to 8 and 11, ancillary works within the Order limits which
have been subject to an environmental impact assessment recorded in the environmental statement
comprising—
(a) temporary landing places, moorings or other means of accommodating or anchoring
vessels in the construction and/or maintenance of the authorised scheme;
(b) marking buoys, beacons, fenders and other navigational warning or ship impact protection
works; and
(c) buoys such as wave buoys and LiDAR buoys used for measurement purposes.
4. The substances or articles authorised for deposit at sea are—
(a) iron and steel, copper and aluminium;
(b) stone and rock;
(c) concrete and grout;
(d) sand and gravel;
(e) plastic and synthetic;
(f) material extracted from within the offshore Order limits during construction drilling and
seabed preparation for foundation works, cable preparation works and sandwave clearance
works and excavation of trenchless technique exit pits;
(g) weights used for the calibration of vessels, consisting of a hessian sack, metal shackles
or chains; and
(h) marine coatings, other chemicals and timber.
5. The grid coordinates for the authorised scheme are specified below—
Point Latitude Longitude
88 53° 15′ 23.267″ N 000° 19′ 43.506″ E
89 53° 15′ 23.609″ N 000° 19′ 44.116″ E
90 53° 15′ 23.996″ N 000° 19′ 44.804″ E
91 53° 15′ 24.263″ N 000° 19′ 45.279″ E
168Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
92 53° 15′ 26.776″ N 000° 19′ 49.753″ E
93 53° 15′ 27.959″ N 000° 19′ 51.860″ E
94 53° 15′ 38.568″ N 000° 20′ 24.961″ E
95 53° 15′ 38.569″ N 000° 20′ 25.004″ E
96 53° 15′ 38.571″ N 000° 20′ 25.302″ E
97 53° 15′ 38.575″ N 000° 20′ 25.748″ E
98 53° 15′ 38.627″ N 000° 20′ 32.317″ E
99 53° 15′ 38.679″ N 000° 20′ 38.886″ E
100 53° 15′ 40.504″ N 000° 24′ 36.753″ E
101 53° 15′ 45.998″ N 000° 27′ 7.864″ E
102 53° 15′ 46.001″ N 000° 27′ 13.231″ E
103 53° 15′ 57.880″ N 000° 27′ 43.029″ E
104 53° 16′ 27.853″ N 000° 29′ 7.103″ E
106 53° 17′ 5.090″ N 000° 30′ 34.122″ E
107 53° 17′ 10.091″ N 000° 30′ 45.655″ E
108 53° 17′ 11.076″ N 000° 31′ 48.010″ E
109 53° 17′ 40.520″ N 000° 31′ 55.865″ E
110 53° 18′ 59.574″ N 000° 34′ 58.518″ E
114 53° 19′ 30.814″ N 000° 36′ 36.504″ E
115 53° 19′ 52.317″ N 000° 38′ 4.115″ E
116 53° 20′ 5.544″ N 000° 39′ 33.663″ E
117 53° 20′ 5.352″ N 000° 39′ 34.675″ E
120 53° 20′ 3.608″ N 000° 41′ 5.490″ E
121 53° 20′ 6.501″ N 000° 42′ 12.019″ E
122 53° 20′ 13.168″ N 000° 43′ 51.174″ E
123 53° 20′ 16.468″ N 000° 44′ 20.272″ E
124 53° 20′ 26.562″ N 000° 44′ 49.621″ E
125 53° 20′ 39.175″ N 000° 45′ 11.903″ E
126 53° 20′ 46.964″ N 000° 45′ 18.483″ E
127 53° 20′ 52.069″ N 000° 45′ 21.845″ E
128 53° 20′ 53.926″ N 000° 45′ 22.442″ E
129 53° 21′ 21.774″ N 000° 46′ 25.825″ E
130 53° 21′ 25.062″ N 000° 46′ 38.723″ E
131 53° 21′ 26.153″ N 000° 46′ 53.091″ E
169Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
134 53° 21′ 31.588″ N 000° 59′ 17.599″ E
135 53° 20′ 38.347″ N 001° 02′ 14.919″ E
136 53° 20′ 32.026″ N 001° 06′ 59.054″ E
137 53° 25′ 18.619″ N 001° 13′ 18.173″ E
138 53° 25′ 30.060″ N 001° 13′ 18.317″ E
139 53° 25′ 30.054″ N 001° 13′ 35.555″ E
140 53° 25′ 55.049″ N 001° 13′ 35.555″ E
141 53° 26′ 5.529″ N 001° 13′ 18.763″ E
142 53° 28′ 51.538″ N 001° 13′ 20.848″ E
143 53° 28′ 51.539″ N 001° 13′ 20.848″ E
144 53° 28′ 27.088″ N 001° 10′ 54.113″ E
145 53° 28′ 40.336″ N 001° 10′ 32.794″ E
146 53° 29′ 37.647″ N 001° 09′ 0.491″ E
147 53° 29′ 37.332″ N 001° 06′ 3.730″ E
148 53° 29′ 19.041″ N 001° 03′ 53.183″ E
149 53° 32′ 32.232″ N 001° 00′ 59.093″ E
150 53° 34′ 31.492″ N 001° 04′ 32.616″ E
151 53° 36′ 34.077″ N 001° 08′ 26.916″ E
152 53° 39′ 12.689″ N 001° 28′ 43.588″ E
153 53° 32′ 3.757″ N 001° 32′ 46.680″ E
154 53° 30′ 57.848″ N 001° 26′ 4.442″ E
155 53° 30′ 57.847″ N 001° 26′ 4.443″ E
156 53° 30′ 41.451″ N 001° 26′ 4.344″ E
157 53° 28′ 8.999″ N 001° 20′ 25.101″ E
158 53° 27′ 40.033″ N 001° 19′ 34.731″ E
159 53° 25′ 5.940″ N 001° 15′ 7.257″ E
160 53° 24′ 46.824″ N 001° 14′ 57.503″ E
161 53° 19′ 31.608″ N 001° 08′ 0.786″ E
162 53° 19′ 24.645″ N 001° 07′ 36.669″ E
163 53° 19′ 32.549″ N 001° 01′ 47.090″ E
164 53° 20′ 25.533″ N 000° 58′ 51.469″ E
165 53° 20′ 23.532″ N 000° 54′ 14.849″ E
166 53° 20′ 17.139″ N 000° 54′ 1.469″ E
167 53° 20′ 23.390″ N 000° 53′ 56.111″ E
170Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
174 53° 20′ 20.128″ N 000° 47′ 11.924″ E
175 53° 20′ 7.723″ N 000° 46′ 44.092″ E
176 53° 20′ 7.224″ N 000° 46′ 18.376″ E
177 53° 19′ 55.934″ N 000° 46′ 17.647″ E
178 53° 19′ 16.741″ N 000° 44′ 49.770″ E
179 53° 19′ 14.408″ N 000° 44′ 37.520″ E
180 53° 19′ 10.983″ N 000° 41′ 29.891″ E
181 53° 19′ 10.110″ N 000° 41′ 14.849″ E
189 53° 18′ 45.400″ N 000° 38′ 11.684″ E
190 53° 18′ 41.693″ N 000° 37′ 50.173″ E
191 53° 18′ 35.812″ N 000° 37′ 24.430″ E
192 53° 18′ 29.442″ N 000° 37′ 5.808″ E
193 53° 18′ 2.522″ N 000° 35′ 59.804″ E
195 53° 15′ 50.420″ N 000° 30′ 57.424″ E
198 53° 14′ 39.608″ N 000° 27′ 47.363″ E
199 53° 14′ 35.060″ N 000° 25′ 16.597″ E
200 53° 14′ 33.873″ N 000° 25′ 11.876″ E
201 53° 14′ 33.575″ N 000° 23′ 39.547″ E
202 53° 14′ 33.585″ N 000° 23′ 28.949″ E
203 53° 14′ 33.002″ N 000° 23′ 11.567″ E
204 53° 14′ 32.153″ N 000° 22′ 59.859″ E
205 53° 14′ 31.408″ N 000° 21′ 15.880″ E
206 53° 14′ 31.378″ N 000° 21′ 11.732″ E
207 53° 14′ 31.330″ N 000° 21′ 5.095″ E
208 53° 14′ 31.327″ N 000° 21′ 4.768″ E
209 53° 14′ 58.072″ N 000° 20′ 10.457″ E
210 53° 14′ 59.426″ N 000° 20′ 7.707″ E
211 53° 15′ 0.149″ N 000° 20′ 6.239″ E
212 53° 15′ 0.842″ N 000° 20′ 4.832″ E
213 53° 15′ 1.277″ N 000° 20′ 3.947″ E
214 53° 15′ 1.277″ N 000° 20′ 3.945″ E
215 53° 15′ 1.296″ N 000° 20′ 3.751″ E
216 53° 15′ 1.373″ N 000° 20′ 2.965″ E
217 53° 15′ 1.401″ N 000° 20′ 2.668″ E
171Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
218 53° 15′ 1.440″ N 000° 20′ 2.267″ E
219 53° 15′ 1.457″ N 000° 20′ 2.096″ E
220 53° 15′ 1.487″ N 000° 20′ 1.785″ E
221 53° 15′ 1.527″ N 000° 20′ 1.379″ E
222 53° 15′ 1.564″ N 000° 20′ 0.999″ E
223 53° 15′ 1.735″ N 000° 19′ 59.239″ E
224 53° 15′ 1.800″ N 000° 19′ 58.564″ E
225 53° 15′ 1.998″ N 000° 19′ 56.531″ E
226 53° 15′ 2.022″ N 000° 19′ 56.279″ E
227 53° 15′ 2.103″ N 000° 19′ 55.451″ E
228 53° 15′ 2.274″ N 000° 19′ 53.691″ E
411 53° 15′ 22.830″ N 000° 19′ 42.736″ E
412 53° 15′ 23.143″ N 000° 19′ 43.292″ E
413 53° 15′ 23.267″ N 000° 19′ 43.506″ E
434 53° 18′ 29.432″ N 000° 37′ 5.779″ E
435 53° 20′ 1.205″ N 000° 46′ 17.987″ E
436 53° 19′ 16.177″ N 000° 35′ 36.926″ E
437 53° 15′ 2.277″ N 000° 19′ 53.661″ E
438 53° 15′ 2.314″ N 000° 19′ 53.650″ E
439 53° 15′ 2.347″ N 000° 19′ 53.641″ E
440 53° 15′ 2.502″ N 000° 19′ 53.598″ E
441 53° 15′ 2.627″ N 000° 19′ 53.555″ E
442 53° 15′ 2.774″ N 000° 19′ 53.498″ E
443 53° 15′ 2.832″ N 000° 19′ 53.475″ E
444 53° 15′ 2.917″ N 000° 19′ 53.440″ E
445 53° 15′ 2.958″ N 000° 19′ 53.421″ E
446 53° 15′ 3.001″ N 000° 19′ 53.401″ E
447 53° 15′ 3.135″ N 000° 19′ 53.330″ E
448 53° 15′ 3.258″ N 000° 19′ 53.259″ E
449 53° 15′ 3.414″ N 000° 19′ 53.176″ E
450 53° 15′ 3.517″ N 000° 19′ 53.114″ E
451 53° 15′ 3.751″ N 000° 19′ 52.983″ E
452 53° 15′ 3.890″ N 000° 19′ 52.903″ E
453 53° 15′ 4.030″ N 000° 19′ 52.824″ E
172Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
454 53° 15′ 4.075″ N 000° 19′ 52.797″ E
455 53° 15′ 4.216″ N 000° 19′ 52.714″ E
456 53° 15′ 4.313″ N 000° 19′ 52.654″ E
457 53° 15′ 4.377″ N 000° 19′ 52.616″ E
458 53° 15′ 4.452″ N 000° 19′ 52.568″ E
459 53° 15′ 4.520″ N 000° 19′ 52.522″ E
460 53° 15′ 4.607″ N 000° 19′ 52.466″ E
461 53° 15′ 4.667″ N 000° 19′52.427″ E
462 53° 15′ 4.832″ N 000° 19′ 52.321″ E
463 53° 15′ 4.968″ N 000° 19′ 52.229″ E
464 53° 15′ 5.118″ N 000° 19′ 52.137″ E
465 53° 15′ 5.134″ N 000° 19′ 52.127″ E
466 53° 15′ 5.367″ N 000° 19′ 51.997″ E
467 53° 15′ 5.475″ N 000° 19′ 51.942″ E
468 53° 15′ 5.558″ N 000° 19′ 51.902″ E
469 53° 15′ 5.786″ N 000° 19′ 51.807″ E
470 53° 15′ 5.866″ N 000° 19′ 51.781″ E
471 53° 15′ 5.957″ N 000° 19′ 51.747″ E
472 53° 15′ 6.081″ N 000° 19′ 51.708″ E
473 53° 15′ 6.170″ N 000° 19′ 51.674″ E
474 53° 15′ 6.338″ N 000° 19′ 51.625″ E
475 53° 15′ 6.482″ N 000° 19′ 51.586″ E
476 53° 15′ 6.583″ N 000° 19′ 51.551″ E
477 53° 15′ 6.657″ N 000° 19′ 51.529″ E
478 53° 15′ 6.729″ N 000° 19′ 51.509″ E
479 53° 15′ 6.892″ N 000° 19′ 51.456″ E
480 53° 15′ 7.093″ N 000° 19′ 51.388″ E
481 53° 15′ 7.199″ N 000° 19′ 51.354″ E
482 53° 15′ 7.283″ N 000° 19′ 51.324″ E
483 53° 15′ 7.306″ N 000° 19′ 51.316″ E
484 53° 15′ 7.381″ N 000° 19′ 51.292″ E
485 53° 15′ 7.531″ N 000° 19′ 51.238″ E
486 53° 15′ 7.767″ N 000° 19′ 51.161″ E
487 53° 15′ 7.872″ N 000° 19′ 51.120″ E
173Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Point Latitude Longitude
488 53° 15′ 7.935″ N 000° 19′ 51.094″ E
489 53° 15′ 8.059″ N 000° 19′ 51.053″ E
490 53° 15′ 8.155″ N 000° 19′ 51.017″ E
491 53° 15′ 8.224″ N 000° 19′ 50.994″ E
492 53° 15′ 8.375″ N 000° 19′ 50.930″ E
493 53° 15′ 8.487″ N 000° 19′ 50.889″ E
494 53° 15′ 8.608″ N 000° 19′ 50.835″ E
495 53° 15′ 8.723″ N 000° 19′ 50.786″ E
496 53° 15′ 8.805″ N 000° 19′ 50.749″ E
497 53° 15′ 8.862″ N 000° 19′ 50.726″ E
498 53° 15′ 9.100″ N 000° 19′ 50.615″ E
499 53° 15′ 9.262″ N 000° 19′ 50.535″ E
500 53° 15′ 9.263″ N 000° 19′ 50.534″ E
501 53° 15′ 9.403″ N 000° 19′ 50.463″ E
502 53° 15′ 9.498″ N 000° 19′ 50.419″ E
503 53° 15′ 9.534″ N 000° 19′ 50.405″ E
504 53° 15′ 9.579″ N 000° 19′ 50.387″ E
505 53° 15′ 9.675″ N 000° 19′ 50.341″ E
506 53° 15′ 9.704″ N 000° 19′ 50.329″ E
507 53° 15′ 9.805″ N 000° 19′ 50.293″ E
508 53° 15′ 9.904″ N 000° 19′ 50.253″ E
509 53° 15′ 10.013″ N 000° 19′ 50.216″ E
510 53° 15′ 10.087″ N 000° 19′ 50.188″ E
511 53° 15′ 10.240″ N 000° 19′ 50.139″ E
512 53° 15′ 10.401″ N 000° 19′ 50.085″ E
513 53° 15′ 10.485″ N 000° 19′ 50.061″ E
514 53° 15′ 10.577″ N 000° 19′ 50.028″ E
515 53° 15′ 10.658″ N 000° 19′ 50.004″ E
516 53° 15′ 10.703″ N 000° 19′ 49.988″ E
517 53° 15′ 10.829″ N 000° 19′ 49.955″ E
518 53° 15′ 10.933″ N 000° 19′ 49.929″ E
519 53° 15′ 11.079″ N 000° 19′ 49.885″ E
520 53° 15′ 11.175″ N 000° 19′ 49.860″ E
521 53° 15′ 11.308″ N 000° 19′ 49.818″ E
174Document Generated: 2026-03-20
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Point Latitude Longitude
522 53° 15′ 11.448″ N 000° 19′ 49.776″ E
523 53° 15′ 11.566″ N 000° 19′ 49.738″ E
524 53° 15′ 11.658″ N 000° 19′ 49.710″ E
525 53° 15′ 11.961″ N 000° 19′ 49.605″ E
526 53° 15′ 12.076″ N 000° 19′ 49.562″ E
527 53° 15′ 12.171″ N 000° 19′ 49.530″ E
528 53° 15′ 12.271″ N 000° 19′ 49.489″ E
529 53° 15′ 12.317″ N 000° 19′ 49.471″ E
530 53° 15′ 12.397″ N 000° 19′ 49.441″ E
531 53° 15′ 12.538″ N 000° 19′ 49.378″ E
532 53° 15′ 12.664″ N 000° 19′ 49.324″ E
533 53° 15′ 12.955″ N 000° 19′ 49.183″ E
534 53° 15′ 13.064″ N 000° 19′ 49.125″ E
535 53° 15′ 13.154″ N 000° 19′ 49.079″ E
536 53° 15′ 13.344″ N 000° 19′ 48.977″ E
537 53° 15′ 13.582″ N 000° 19′ 48.844″ E
538 53° 15′ 13.680″ N 000° 19′ 48.787″ E
539 53° 15′ 13.809″ N 000° 19′ 48.708″ E
540 53° 15′ 13.922″ N 000° 19′ 48.643″ E
541 53° 15′ 14.037″ N 000° 19′ 48.573″ E
542 53° 15′ 14.107″ N 000° 19′ 48.533″ E
543 53° 15′ 14.215″ N 000° 19′ 48.466″ E
544 53° 15′ 14.332″ N 000° 19′ 48.396″ E
545 53° 15′ 14.411″ N 000° 19′ 48.347″ E
546 53° 15′ 14.483″ N 000° 19′ 48.306″ E
547 53° 15′ 14.504″ N 000° 19′ 48.294″ E
548 53° 15′ 14.660″ N 000° 19′ 48.199″ E
549 53° 15′ 14.768″ N 000° 19′ 48.139″ E
550 53° 15′ 14.882″ N 000° 19′ 48.070″ E
551 53° 15′ 14.970″ N 000° 19′ 48.022″ E
552 53° 15′ 15.186″ N 000° 19′ 47.896″ E
553 53° 15′ 15.251″ N 000° 19′ 47.862″ E
554 53° 15′ 15.320″ N 000° 19′ 47.821″ E
555 53° 15′ 15.494″ N 000° 19′ 47.723″ E
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Point Latitude Longitude
556 53° 15′ 15.608″ N 000° 19′ 47.663″ E
557 53° 15′ 15.813″ N 000° 19′ 47.563″ E
558 53° 15′ 15.887″ N 000° 19′ 47.525″ E
559 53° 15′ 16.110″ N 000° 19′ 47.423″ E
560 53° 15′ 16.269″ N 000° 19′ 47.353″ E
561 53° 15′ 16.379″ N 000° 19′ 47.298″ E
562 53° 15′ 16.474″ N 000° 19′ 47.255″ E
563 53° 15′ 16.565″ N 000° 19′ 47.208″ E
564 53° 15′ 16.617″ N 000° 19′ 47.184″ E
565 53° 15′ 16.648″ N 000° 19′ 47.170″ E
566 53° 15′ 16.749″ N 000° 19′ 47.119″ E
567 53° 15′ 16.845″ N 000° 19′ 47.066″ E
568 53° 15′ 16.948″ N 000° 19′ 47.013″ E
569 53° 15′ 17.039″ N 000° 19′ 46.961″ E
570 53° 15′ 17.216″ N 000° 19′ 46.856″ E
571 53° 15′ 17.444″ N 000° 19′ 46.715″ E
572 53° 15′ 17.535″ N 000° 19′ 46.651″ E
573 53° 15′ 17.693″ N 000° 19′ 46.551″ E
574 53° 15′ 17.915″ N 000° 19′ 46.399″ E
575 53° 15′ 18.027″ N 000° 19′ 46.326″ E
576 53° 15′ 18.099″ N 000° 19′ 46.276″ E
577 53° 15′ 18.193″ N 000° 19′ 46.216″ E
578 53° 15′ 18.277″ N 000° 19′ 46.156″ E
579 53° 15′ 18.426″ N 000° 19′ 46.056″ E
580 53° 15′ 18.524″ N 000° 19′ 45.993″ E
581 53° 15′ 18.678″ N 000° 19′ 45.887″ E
582 53° 15′ 18.815″ N 000° 19′ 45.788″ E
583 53° 15′ 18.955″ N 000° 19′ 45.694″ E
584 53° 15′ 19.048″ N 000° 19′ 45.626″ E
585 53° 15′ 19.112″ N 000° 19′ 45.581″ E
586 53° 15′ 19.192″ N 000° 19′ 45.521″ E
587 53° 15′ 19.262″ N 000° 19′ 45.471″ E
588 53° 15′ 19.346″ N 000° 19′ 45.406″ E
589 53° 15′ 19.450″ N 000° 19′ 45.329″ E
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Point Latitude Longitude
590 53° 15′ 19.518″ N 000° 19′ 45.275″ E
591 53° 15′ 19.587″ N 000° 19′ 45.224″ E
592 53° 15′ 19.653″ N 000° 19′ 45.171″ E
593 53° 15′ 19.743″ N 000° 19′ 45.102″ E
594 53° 15′ 19.825″ N 000° 19′ 45.036″ E
595 53° 15′ 20.110″ N 000° 19′ 44.792″ E
596 53° 15′ 20.223″ N 000° 19′ 44.699″ E
597 53° 15′ 20.338″ N 000° 19′ 44.597″ E
598 53° 15′ 20.425″ N 000° 19′ 44.524″ E
599 53° 15′ 20.512″ N 000° 19′ 44.445″ E
600 53° 15′ 20.577″ N 000° 19′ 44.391″ E
601 53° 15′ 20.688″ N 000° 19′ 44.300″ E
602 53° 15′ 20.931″ N 000° 19′ 44.091″ E
603 53° 15′ 21.014″ N 000° 19′ 44.017″ E
604 53° 15′ 21.063″ N 000° 19′ 43.973″ E
605 53° 15′ 21.293″ N 000° 19′ 43.772″ E
606 53° 15′ 21.374″ N 000° 19′ 43.698″ E
607 53° 15′ 21.696″ N 000° 19′ 43.424″ E
608 53° 15′ 21.842″ N 000° 19′ 43.305″ E
609 53° 15′ 21.923″ N 000° 19′ 43.246″ E
610 53° 15′ 22.056″ N 000° 19′ 43.144″ E
611 53° 15′ 22.160″ N 000° 19′ 43.068″ E
612 53° 15′ 22.220″ N 000° 19′ 43.030″ E
613 53° 15′ 22.298″ N 000° 19′ 42.977″ E
614 53° 15′ 22.351″ N 000° 19′ 42.945″ E
615 53° 15′ 22.428″ N 000° 19′ 42.897″ E
616 53° 15′ 22.545″ N 000° 19′ 42.828″ E
617 53° 15′ 22.586″ N 000° 19′ 42.806″ E
618 53° 15′ 22.712″ N 000° 19′ 42.742″ E
619 53° 15′ 22.812″ N 000° 19′ 42.696″ E
620 53° 15′ 22.833″ N 000° 19′ 42.734″ E
621 53° 15′ 22.830″ N 000° 19′ 42.736″ E
6. This licence remains in force until the authorised scheme has been decommissioned in
accordance with a programme approved by the Secretary of State under section 106 (approval of
decommissioning programmes) of the 2004 Act, including any modification to the programme under
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section 108 (reviews and revisions of decommissioning programmes) of the 2004 Act, and the
completion of such programme has been confirmed by the Secretary of State in writing.
7. 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) and (8) relating to the transfer of the
licence only apply to a transfer not falling within article 5 (benefit of the Order).
8. With respect to any condition which requires the licensed activities be carried out in accordance
with the plans, protocols or statements approved under this licence, the approved details, plan or
scheme are taken to include any amendments that may subsequently be approved in writing by the
MMO.
9. Any amendments to the details, plan or scheme must be in accordance with the principles and
assessments set out in the environmental statement, and approval for an amendment may be given
only where it has been demonstrated to the satisfaction of the MMO that the amendment is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
PART 2
Conditions
Design parameters
10.—(1) The total number of offshore accommodation platforms forming part of the authorised
scheme and the authorised scheme in licence 1 (generation) taken together must not exceed one
(whether constructed under this licence or licence 1 (generation)).
(2) The total number of offshore electrical installations must not exceed six, consisting of a
combination of no more than—
(a) four small offshore transformer substations or two large offshore transformer substations;
and
(b) two offshore reactive compensation platforms.
(3) The dimensions of any small offshore transformer substation comprised within Work No. 3(a)
(including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts,
radar and antennae) forming part of the authorised scheme must not exceed—
(a) 90 metres in height when measured from LAT;
(b) 90 metres in length; and
(c) 90 metres in width.
(4) The dimensions of any large offshore transformer substation comprised within Work No. 3(b)
(including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts,
radar and antennae) forming part of the authorised scheme must not exceed—
(a) 100 metres in height when measured from LAT;
(b) 160 metres in length; and
(c) 110 metres in width.
(5) The dimensions of any offshore reactive compensation platform (including auxiliary
structures, such as a crane, but excluding masts, lightning protection, radar and antennae) forming
part of the authorised scheme must not exceed—
(a) 59.2 metres in height when measured from LAT;
(b) 90 metres in length; and
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(c) 90 metres in width;
and any masts, lightning protection, radar and antennae forming part of any offshore reactive
compensation platform must not exceed 79.2 metres in height when measured from LAT.
(6) The dimensions of the offshore accommodation platform forming part of the authorised
scheme must not exceed—
(a) 80.2 metres in height when measured from LAT;
(b) 84 metres in length; and
(c) 84 metres in width.
(7) No offshore transformer substation or offshore accommodation platform forming part of the
authorised scheme is to be erected within the area hatched black and marked “offshore restricted
build area” on the works plans, whose coordinates are specified below and shown on the offshore
order limits and grid coordinates plan—
Point Latitude Longitude
150 53° 34′ 31.492″ N 001° 04′ 32.616″ E
151 53° 36′ 34.077″ N 001° 08′ 26.916″ E
152 53° 39′ 12.689″ N 001° 28′ 43.588″ E
845 53° 33′ 59.545″ N 001° 03′ 36.079″ E
846 53° 33′ 59.382″ N 001° 03′ 35.074″ E
847 53° 34′ 09.033″ N 001° 03′ 52.365″ E
848 53° 34′ 31.223″ N 001° 04′ 32.133″ E
849 53° 36′ 37.559″ N 001° 19′ 54.519″ E
850 53° 38′ 07.792″ N 001° 29′ 20.432″ E
851 53° 34′ 27.499″ N 001° 06′ 28.034″ E
11.—(1) Offshore accommodation platform foundation structures forming part of the authorised
scheme must be one of either monopile, gravity base structure, pin pile jacket or suction bucket
jacket foundations.
(2) Offshore transformer substation foundation structures forming part of the authorised scheme
must be monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.
(3) In respect of an offshore electrical installation and offshore accommodation platform—
(a) no monopile foundation may have a diameter greater than 14 metres;
(b) no gravity base structure foundation may exceed, at the level of the seabed—
(i)a length of 72 metres; or
(ii)a width of 36 metres;
(c) no pin pile jacket foundation forming part of the authorised scheme may—
(i)have a pin pile diameter of greater than five metres; or
(ii)employ more than 24 pin piles per jacket foundation;
(d) no suction bucket jacket foundation forming part of the authorised scheme may—
(i)have a suction bucket diameter of greater than 20 metres; or
(ii)employ more than eight suction buckets per jacket foundation;
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(4) The total seabed footprint area for offshore accommodation platform foundations must not
exceed—
(a) 2,600 square metres excluding scour protection; and
(b) 19,600 square metres including scour protection.
(5) The total seabed footprint area for offshore electrical installation foundations must not
exceed—
(a) 15,600 square metres excluding scour protection; and
(b) 117,600 square metres including scour protection.
(6) Offshore reactive compensation platform foundation structures forming part of the authorised
scheme must be monopile, pin pile jacket or suction bucket jacket foundations.
12.—(1) The total length of the cables forming part of the authorised scheme and the authorised
scheme in licence 1 (generation) and the volume and area of their cable protection must not exceed
the following (whether installed under this licence or licence 1 (generation))—
Work No. Length Area of cable protection Volume of cable
protection
Work No. 4 (interlink 123.75km 406,438m2 399,234m3
cables)
Work Nos. 5 and 11 440km 1,524,870m2 1,457,579m3
(offshore export cables)
(2) The total number of cable crossings must not exceed—
(a) 16, in respect of the interlink cables comprised within Work No. 4; and
(b) 38, in respect of the offshore export cables comprised within Work No. 5,
unless otherwise agreed with the MMO.
Maintenance of the authorised scheme
13.—(1) The undertaker may at any time maintain the authorised scheme, except to the extent
that this licence or an agreement made under this licence provides otherwise.
(2) No maintenance works whose likely effects are not assessed in the environmental statement
may be carried out, unless otherwise approved by the MMO.
(3) Maintenance works include but are not limited to—
(a) major offshore electrical installation component or offshore accommodation platform
replacement;
(b) painting and applying other coatings to offshore electrical installations or offshore
accommodation platform;
(c) bird waste and marine growth removal;
(d) cable remedial burial;
(e) cable repairs and replacement;
(f) cable protection replenishment;
(g) access ladder and boat landing replacement;
(h) replacement of offshore electrical installation and accommodation platform anodes; and
(i) J-tube repair/replacement.
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(4) Where the MMO’s approval is required under sub-paragraph (2), approval may be given only
where it has been demonstrated to the satisfaction of the MMO that the approval sought is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
Vessels under the undertaker’s control
14.—(1) The undertaker must issue to operators of vessels under its control operating within the
Order limits a code of conduct to prevent collision risk or injury to marine mammals.
(2) The undertaker must ensure appropriate co-ordination of vessels within its control operating
within the Order limits so as to reduce collision risk to other vessels including advisory safe passing
distances for vessels.
Extension of time periods
15. Any time period given in this licence to either the undertaker or the MMO may be extended
with the agreement of the other party in writing such agreement not to be unreasonably withheld
or delayed.
Notification and Inspection
16.—(1) The undertaker must ensure that—
(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent
variations to it is provided to—
(i)all agents and contractors notified to the MMO in accordance with condition 16; and
(ii)the masters and offshore operations managers responsible for the vessels notified to
the MMO in accordance with condition 16;
(b) within 28 days of receipt of a copy of this licence those persons referred to in sub-
paragraph (a) above must confirm receipt of this licence in writing to the MMO.
(2) Only those persons and vessels notified to the MMO in accordance with condition 16 are
permitted to carry out the licensed activities.
(3) Copies of this licence must also be available for inspection at the following locations—
(a) the undertaker’s registered address;
(b) any site office located at or adjacent to the construction site and used by the undertaker
or its agents and contractors responsible for the loading, transportation or deposit of the
authorised deposits; and
(c) on board each vessel or at the office of any offshore operations manager with responsibility
for vessels from which authorised deposits or removals are to be made.
(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an
authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.
(5) The undertaker must provide access, and if necessary appropriate transportation, to the
offshore construction site or any other associated works or vessels to facilitate any inspection that the
MMO considers necessary to inspect the works during construction and operation of the authorised
scheme.
(6) The undertaker must inform the MMO Local Office in writing at least 14 days prior to
commencement of the licensed activities or any part of them, and within five days of completion
of the licensed activities.
(7) The Kingfisher Information Service of Seafish must be informed of details of the vessel
routes, timings and locations relating to the construction of the authorised scheme or part thereof
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by including the information in a notice via the Kingfisher Service of Seafish portal (https://
kingfisherbulletin.org/submit-notice) and sent by email to kingfisher@seafish.co.uk—
(a) at least 14 days prior to the commencement of offshore activities, for inclusion in the
Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and
(b) as soon as reasonably practicable and no later than 24 hours after completion of
construction of the authorised scheme,
confirmation of notification must be provided to the MMO within five days.
(8) A notice to mariners must be issued at least 14 days prior to the commencement of the licensed
activities or any part of them advising of the start date of Work Nos. 3, 5, 6, 7 and 11, and to the
extent that they are carried out under this licence, Work Nos. 2, 4 and 8, and the expected vessel
routes from the construction ports to the relevant location. Copies of all notices must be provided to
the MMO, MCA and UK Hydrographic Office within five days.
(9) The notices to mariners must be updated and reissued at weekly intervals during construction
activities and at least five days before any planned operations and maintenance works and
supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction
programme approved under condition 22(1)(b). Copies of all notices must be provided to the MMO
and UK Hydrographic Office within five days.
(10) The undertaker must notify the UK Hydrographic Office—
(a) of commencement of the licensed activities at least 14 days prior to commencement;
(b) of the progress of the licensed activities; and
(c) of completion of construction of the licensed activities within 14 days of completion,
in order that all necessary amendments to nautical charts are made and the undertaker must send a
copy of such notifications to the MMO and MCA within five days.
(11) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS
or any part thereof, excluding the exposure of cables, the undertaker must as soon as reasonably
practicable and no later than 24 hours following the undertaker becoming aware of any such damage,
destruction or decay, notify MMO, MCA, Trinity House, Kingfisher Information Service, the UK
Hydrographic Office and regional fisheries organisations.
(12) In case of exposure of cables on or above the seabed, the undertaker must, within three days
following identification of a cable exposure, notify mariners by issuing a notice to mariners and
by informing Kingfisher Information Service of the location and extent of exposure. Copies of all
notices must be provided to the MMO, MCA, Trinity House, UK Hydrographic Office and regional
fisheries organisations within five days.
Aids to navigation
17.—(1) The undertaker must during the whole period from commencement of the licensed
activities to completion of decommissioning seaward of MHWS exhibit such lights, marks, sounds,
signals and other aids to navigation, and take such other steps for the prevention of danger to
navigation as Trinity House may from time to time direct.
(2) The undertaker must during the period from the start of construction of the authorised scheme
to completion of decommissioning seaward of MHWS keep Trinity House and the MMO informed
of progress of the authorised scheme including the following—
(a) notice of commencement of construction of the authorised scheme within 24 hours of
commencement having occurred;
(b) notice within 24 hours of any aids to navigation being established by the undertaker; and
(c) notice within five days of completion of construction of the authorised scheme.
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(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation
in accordance with the frequencies set out in the aids to navigation management plan approved
pursuant to condition 22(1)(i) using the reporting system provided by Trinity House.
(4) The undertaker must during the whole period from commencement of the licensed activities
to completion of decommissioning seaward of MHWS notify Trinity House and the MMO of any
failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as
possible and no later than 24 hours following the undertaker becoming aware of any such failure.
(5) In the event that the provisions of condition 16(11) are invoked, the undertaker must lay
down such buoys, exhibit such lights and take such other steps for preventing danger to navigation
as directed by Trinity House.
Colouring of structures
18.—(1) Except as otherwise required by Trinity House the undertaker must paint all structures
forming part of the authorised scheme yellow (colour code RAL 1023) from at least Highest
Astronomical Tide to a height as directed by Trinity House.
(2) Subject to sub-paragraph (1) above, unless the MMO otherwise directs, the undertaker must
ensure that the remainder of the structures are painted submarine grey (colour code RAL 7035).
Aviation safety
19. The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14
days prior to the commencement of the authorised scheme, in writing of the following information—
(a) the date of the commencement of construction of the authorised scheme;
(b) the date any offshore electrical installations are brought into use;
(c) the maximum height of any construction equipment to be used;
(d) the maximum heights of any offshore electrical installations and offshore accommodation
platform to be constructed; and
(e) the latitude and longitude of each offshore electrical installation and offshore
accommodation platform to be constructed,
and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the
information supplied under this paragraph and of the completion of the construction of the authorised
scheme. Copies of notifications must be provided to the MMO within five days of the notification
to the Defence Infrastructure Organisation Safeguarding.
Chemicals, drilling and debris
20.—(1) Unless otherwise agreed in writing by the MMO, all chemicals and substances, including
paints and coatings, used below MHWS for the undertaking of the licensed activities must be
approved in writing by the MMO prior to use. Submission for approval to the MMO must take place
no later than ten weeks prior to use, unless otherwise agreed by the MMO in writing.
(2) The undertaker must ensure that any coatings/treatments are suitable for use in the marine
environment and are used in accordance with guidelines approved by Health and Safety Executive
and the Environment Agency Pollution Prevention Control Guidelines.
(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances
must be undertaken so as to prevent releases into the marine environment, including bunding of
110% of the total volume of all reservoirs and containers.
(4) The undertaker must inform the MMO of the location and quantities of material disposed
of each month under the Order, by submission of a disposal return by 15 February each year for
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the months August to January inclusive, and by 15 August each year for the months February to
July inclusive.
(5) The undertaker must ensure that only inert material of natural origin, drilling mud and
dredged material, produced during the drilling installation of or seabed preparation for foundations,
sandwave clearance works and excavation of trenchless technique exit pits is disposed of within the
disposal site reference(s) to be provided in writing by the MMO within the extent of the Order limits
seaward of MHWS. Any material of anthropogenic origin will be screened out and disposed of at
an appropriate waste facility onshore.
(6) The undertaker must ensure that any rock material used in the construction of the authorised
scheme is from a recognised source, free from contaminants and containing minimal fines.
(7) In the event that any rock material used in the construction of the authorised scheme is
misplaced or lost below MHWS, the undertaker must report the loss to the MMO Local Office
within 48 hours and if the MMO reasonably considers such material to constitute a navigation
or environmental hazard (dependent on the size and nature of the material) the undertaker must
endeavour to locate the material and recover it.
(8) The undertaker must ensure that no waste concrete slurry or wash water from concrete or
cement works are discharged into the marine environment. Concrete and cement mixing and washing
areas must be contained to prevent run off entering the water through the freeing ports.
(9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment
is reported to the MMO, Marine Pollution Response Team in accordance with the marine pollution
contingency plan approved under condition 22(1)(e)(i).
(10) Debris or dropped objects which are considered a danger or hazard to navigation must be
reported as soon as reasonably practicable but no later than six hours from the undertaker becoming
aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by
telephone (0344 382 0580), and the UK Hydrographic Office email: navwarnings@btconnect.com.
(11) All dropped objects including those in sub-paragraph (10), must be reported to the MMO
using the Dropped Object Procedure Form (including any updated form as provided by the MMO) as
soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware
of an incident, unless otherwise agreed in writing with the MMO.
(12) On receipt of notification or the Dropped Object Procedure Form the MMO may require
relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do
so and the MMO may require obstructions to be removed from the marine environment at the
undertaker’s expense if reasonable to do so.
Notification of unauthorised deposits
21.—(1) If the master of a vessel determines that it is necessary to make an unauthorised
deposit within or outside of the Order limits because the safety of human life and/or of the vessel
is threatened, within 48 hours full details of the circumstances of the deposit must be notified to
the MMO.
(2) The unauthorised deposits must be removed at the expense of the undertaker unless written
approval is obtained from the MMO.
Pre-construction plans and documentation
22.—(1) The licensed activities or any part of those activities must not commence until the
following (as relevant to that part) have been submitted to and approved in writing by the MMO—
(a) A design plan, which includes—
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(i)a plan at a scale of between 1:25,000 and 1:50,000, including detailed representation
on the most suitably scaled admiralty chart, to be approved in writing by the MMO in
consultation with Trinity House, the MCA, UKHO and the relevant statutory nature
conservation body which shows—
(aa)the proposed location and choice of foundation of all offshore electrical
installations and the offshore accommodation platform;
(bb)the grid coordinates of the centre point of the proposed location for each
offshore electrical installation and offshore accommodation platform;
(cc)the length and arrangement of all cables comprising Work Nos. 5 and 11
and, to the extent that they are to be installed under this licence, Work No. 4;
(dd)the dimensions of all gravity base structure foundations;
(ee)the dimensions of all pin pile jacket foundations;
(ff)the dimensions of all suction bucket jacket foundations;
(gg)the dimensions of all monopile foundations;
(hh)the proposed layout of all offshore electrical installations and the offshore
accommodation platform including any exclusion zones identified under
condition 22(1)(g)(iv);
(ii)a plan showing the indicative layout of all offshore electrical installations
and the offshore accommodation platform including all exclusion zones
(insofar as not shown in (ix) above) and showing the indicative
programming of particular works as set out in the indicative programme to
be provided under condition 22(1)(b)(iii); and
(jj)any exclusion zones/environmental micrositing requirements;
to ensure conformity with the description of Work Nos. 2 to 8 and 11 and compliance
with conditions 1 to 12 above; and
(ii)details of the design of the offshore reactive compensation platform, which must
accord with the principles set out in the offshore reactive compensation platform
design principles statement.
(b) A construction programme to include details of—
(i)the proposed construction start date;
(ii)proposed timings for mobilisation of plant delivery of materials and installation
works;
(iii)an indicative written construction programme for all offshore electrical installations,
the offshore accommodation platform and cables comprised in the works at
paragraph 3 of Part 1 (licensed marine activities) of this licence (insofar as not shown
in sub-paragraph (ii) above);
(c) A monitoring plan (which accords with the in principle monitoring plan) to include details
of proposed pre-construction surveys, baseline report format and content, construction
monitoring, post-construction monitoring and related reporting in accordance with
conditions 26, 27 and 28 to be submitted to the MMO in accordance with the following—
(i)at least six months prior to the first survey, detail of the pre-construction surveys and
an outline of all proposed monitoring;
(ii)at least six months prior to construction, detail of construction monitoring;
(iii)at least six months prior to completion of construction, detail of post-construction
(and operational) monitoring;
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unless otherwise agreed in writing with the MMO.
(d) A construction method statement in accordance with the construction methods assessed
in the environmental statement, to be submitted to the MMO at least six months prior to
commencement of licensed activities, and including details of—
(i)foundation installation methodology, including drilling methods and disposal of drill
arisings and material extracted during seabed preparation for foundation works;
(ii)cable specification, installation and monitoring, in accordance with the outline cable
specification and installation plan, to include—
(aa)technical specification of offshore cables below MHWS;
(bb)a detailed cable laying plan for the Order limits, incorporating a burial
risk assessment encompassing the identification of any cable protection
that exceeds 5% of navigable depth referenced to Chart Datum and, in the
event that any area of cable protection exceeding 5% of navigable depth
is identified, details of any steps (to be determined following consultation
with the MCA and Trinity House) to be taken to ensure existing and
future safe navigation is not compromised or such similar assessment to
ascertain suitable burial depths and cable laying techniques, including cable
protection; and
(cc)proposals for monitoring offshore cables and the status of cable protection
during the operational lifetime of the authorised scheme which include a risk
based approach to the management of unburied or shallow buried cables.
(iii)scour protection and cable protection management in accordance with the outline
scour protection and cable protection management plan including details of the
need, type, sources, quantity and installation methods for scour protection and cable
protection, with details updated and resubmitted for approval if changes to it are
proposed following cable laying operations;
(iv)main contractors;
(v)vessels and vessels transit corridors; and
(vi)associated and ancillary works.
(e) A project environmental management plan in accordance with the outline project
environmental management plan covering the period of construction and operation to
include details of—
(i)a marine pollution contingency plan to address the risks, methods and procedures
to deal with any spills and collision incidents of the authorised scheme in relation
to all activities carried out;
(ii)a chemical risk assessment to include information regarding how and when
chemicals are to be used, stored and transported in accordance with recognised best
practice guidance;
(iii)waste management and disposal arrangements;
(iv)the appointment and responsibilities of a fisheries liaison officer;
(v)a fisheries liaison and coexistence plan in accordance with the outline fisheries
liaison and coexistence plan to ensure relevant fishing fleets are notified of
commencement of licensed activities pursuant to condition 16 and to address the
interaction of the licensed activities with fishing activities;
(vi)a vessel management plan in accordance with the outline vessel management plan
including details of vessel routing to and from construction sites and ports and to
include a code of conduct for vessel operators; and
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(vii)a marine biosecurity plan detailing how the risk of introduction and spread of
invasive non-native species will be minimised.
(f) In the event that driven or part-driven pile foundations are proposed to be used, a marine
mammal mitigation protocol in accordance with the outline marine mammal mitigation
protocol (piling), the intention of which is to prevent injury to marine mammals, following
current best practice as advised by the relevant statutory nature conservation body, to be
submitted to the MMO at least six months prior to commencement of piling activities. The
marine mammal mitigation protocol must include deployment of noise mitigation systems
or noise abatement systems (or both) that will be utilised to manage sounds from those
piling activities. The marine mammal mitigation protocol must include full details and
justification for the mitigation chosen or excluded for deployment.
(g) A written scheme of archaeological investigation in relation to the offshore Order limits
seaward of mean high water, which must be submitted to the statutory historic body at
least six months prior to commencement of the licensed activities and to the MMO at
least four months prior to commencement of the licensed activities and which must accord
with the outline marine archaeological written scheme of investigation and industry good
practice, in consultation with the statutory historic body (and, if relevant, Lincolnshire
County Council) to include—
(i)details of responsibilities of the undertaker, archaeological consultant and contractor;
(ii)a methodology for further site investigation including any specifications for
geophysical, geotechnical and diver or remotely operated vehicle investigations;
(iii)archaeological analysis of survey data, and timetable for reporting, which is to be
submitted to the MMO within four months of any survey being completed;
(iv)delivery of any mitigation including, where necessary, identification and
modification of archaeological exclusion zones;
(v)monitoring of archaeological exclusion zones during and post construction, where
required;
(vi)a requirement for the undertaker to ensure that a copy of any agreed archaeological
report is deposited with the Archaeological Data Service, by submitting an OASIS
(Online AccesS to the Index of archaeological investigationS) form with a digital
copy of the report within six months of completion of construction of the authorised
scheme, and to notify the MMO and Historic England that the OASIS form has been
submitted to the Archaeological Data Service within two weeks of submission;
(vii)a reporting and recording protocol, including reporting of any wreck or wreck
material during construction, operation and decommissioning of the authorised
scheme; and
(viii)a timetable for all further site investigations, which must allow sufficient opportunity
to establish a full understanding of the historic environment within the offshore
Order limits and the approval of any necessary mitigation required as a result of the
further site investigations prior to commencement of licensed activities.
(h) An offshore operations and maintenance plan, in accordance with the outline offshore
operations and maintenance plan, to be submitted to the MMO at least six months prior
to commencement of operation of the licensed activities and to provide for review and
resubmission every three years during the operational phase.
(i) An aids to navigation management plan to be approved in writing by the MMO following
consultation with Trinity House, to include details of how the undertaker will comply with
the provisions of condition 17 for the lifetime of the authorised scheme.
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(j) A biogenic reef mitigation plan, in accordance with the outline biogenic reef mitigation
plan.
(k) An offshore reactive compensation platform lighting management plan, in accordance
with the outline offshore reactive compensation platform lighting management plan.
(2) In the event that driven or part-driven pile foundations are proposed to be used, the hammer
energy used to drive or part-drive the pile foundations must not exceed—
(a) 6,600kJ in respect of monopile foundations; and
(b) 3,500kJ in respect of pin piles.
(3) Pre-construction archaeological investigations and pre-commencement material operations
which involve intrusive seabed works must only take place in accordance with a specific written
scheme of archaeological investigation which is itself in accordance with the details set out in the
outline written scheme of investigation (offshore), and which has been submitted to and approved
by the MMO in consultation with the statutory historic body.
(4) Where an application for approval is made under condition 13(1)(c), (d), (e), (f), (h) or (j),
the MMO must consult the relevant statutory nature conservation body.
23.—(1) Any archaeological reports produced in accordance with condition 22(1)(g)(iii) are to
be approved by the statutory historic body.
(2) Each programme, statement, plan, protocol or scheme required to be approved under
condition 22 must be submitted for approval at least four months prior to the intended
commencement of licensed activities, except where otherwise stated or unless otherwise agreed in
writing by the MMO.
(3) No licensed activity may commence until for that licensed activity the MMO has approved
in writing any relevant programme, statement, plan, protocol or scheme required to be approved
under condition 22.
(4) Subject to sub-paragraph (6), the MMO must determine an application for approval made
under condition 13 within a period of four months commencing on the date the application is received
by the MMO, unless otherwise agreed in writing with the undertaker.
(5) The licensed activities must be carried out in accordance with the approved plans, protocols,
statements, schemes and details approved under condition 13, unless otherwise agreed in writing
by the MMO.
(6) Where an application for approval is made under condition 13(1)(c), (d), (f) or (h), the MMO
must determine the application for approval within a period of six months commencing on the date
the application is received by the MMO, unless otherwise agreed in writing with the undertaker.
Offshore safety management
24. No part of the authorised scheme may commence until the MMO, in consultation with the
MCA, has confirmed in writing that the undertaker has taken into account and, so far as is applicable
to that part of the authorised scheme, adequately addressed all MCA recommendations as appropriate
to the authorised scheme contained within MGN654 “Offshore Renewable Energy Installations
(OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its
annexes.
Reporting of engaged agents, contractors and vessels
25.—(1) The undertaker must provide the following information to the MMO, unless otherwise
agreed in writing by the MMO—
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(a) the name, company number (if applicable), address and function of any agent, contractor
or subcontractor appointed to engage in the licensed activities not less than ten working
days prior to such agent or contractor commencing any licensed activity; and
(b) each week during the construction of the authorised scheme a completed Hydrographic
Note H102 listing the vessels currently and to be used in relation to the licensed activities,
including the master’s name, vessel type, vessel IMO number and vessel owner or
operating company.
(2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent,
contractor or vessel engaging in the licensed activities.
Pre-construction monitoring and surveys
26.—(1) The undertaker must, in discharging condition 22(1)(c), submit details (which accord
with the in principle monitoring plan) for written approval by the MMO in consultation with
the relevant statutory nature conservation body of proposed pre-construction surveys, including
methodologies (including appropriate buffers, where relevant) and timings, and a proposed format
and content for a pre-construction baseline report; and
(a) the survey proposals must specify each survey’s objectives and explain how it will assist in
either informing a useful and valid comparison with the post-construction position or will
enable the validation or otherwise of key predictions in the environmental statement; and
(b) the baseline report proposals must ensure that the outcome of the agreed surveys together
with existing data and reports are drawn together to present a valid statement of the pre-
construction position, with any limitations, and must make clear what post-construction
comparison is intended and the justification for this being required.
(2) The pre-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed
with the MMO in writing, have due regard to, but not be limited to, the need to undertake—
(a) an appropriate survey or surveys to determine the location, extent and composition of
any benthic habitats of conservation, ecological and/or economic importance constituting
Annex 1 reef habitats in the parts of the Order limits in which it is proposed to carry out
construction works;
(b) a swath-bathymetry survey to IHO Order 1a standard that meets the requirements
MGN654 and its annexes, and side scan sonar, of the area(s) within the Order limits in
which it is proposed to carry out construction works;
(c) any marine mammal monitoring required by the monitoring plan submitted in accordance
with condition 22(1)(c); and
(d) any ornithological monitoring required by the monitoring plan submitted in accordance
with condition 22(1)(c).
(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide
the baseline report to the MMO in the agreed format in accordance with the agreed timetable,
unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature
conservation body.
Construction monitoring
27.—(1) The undertaker must, in discharging condition 22(1)(c), submit details (which accord
with the in principle monitoring plan) for written approval by the MMO in consultation with the
relevant statutory nature conservation body of any proposed monitoring, including methodologies
and timings, to be carried out during the construction of the authorised scheme. The monitoring
proposals must specify each survey’s objectives.
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(2) In the event that driven or part-driven pile foundations are proposed, such monitoring must
include measurements of noise generated by the installation of the first four piled foundations of each
piled foundation type to be installed collectively under this licence and under licence 1 (generation),
unless otherwise agreed in writing by the MMO.
(3) The results of the initial noise measurements monitored in accordance with sub-paragraph (2)
must be provided to the MMO within six weeks of the installation of the first four piled foundations
of each piled foundation type (unless otherwise agreed with the MMO). The assessment of this report
by the MMO will determine whether any further noise monitoring is required. If, in the opinion of
the MMO in consultation with the statutory nature conservation body, the assessment shows impacts
significantly in excess of those assessed in the environmental statement or failures in mitigation,
all piling activity must cease until an update to the marine mammal mitigation protocol and further
monitoring requirements have been agreed.
(4) The undertaker must carry out the monitoring approved under sub-paragraph (1), including
any further noise monitoring required in writing by the MMO, and provide the agreed reports in the
agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the
MMO in consultation with the relevant statutory nature conservation body.
(5) Construction monitoring must include vessel traffic monitoring by automatic identification
system for the duration of the construction period. An appropriate report must be submitted to the
MMO, Trinity House and the MCA at the end each year of the construction period.
Post construction
28.—(1) The undertaker must, in discharging condition 22(1)(c), submit details (which accord
with the in principle monitoring plan) for written approval by the MMO in consultation with relevant
statutory nature conservation body of proposed post-construction surveys, including methodologies
(including appropriate buffers, where relevant) and timings, and a proposed format, content and
timings for providing reports on the results. The survey proposals must specify each survey’s
objectives and explain how it will assist in either informing a useful and valid comparison with
the pre-construction position or will enable the validation or otherwise of key predictions in the
environmental statement.
(2) The post-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed
with the MMO, have due regard to, but not be limited to, the need to undertake—
(a) an appropriate survey to determine any change in the location, extent and composition of
any benthic habitats of conservation, ecological and/or economic importance constituting
Annex 1 reef habitats identified in the pre-construction survey in the parts of the Order
limits in which construction works were carried out. The survey design must be informed
by the results of the pre-construction benthic survey;
(b) within twelve months of completion of Works Nos. 1, 2, 4 and 8, a full sea floor coverage
swath-bathymetry survey that meets the requirements of MGN654 and its annexes, and
side scan sonar, of the area(s) within the Order limits in which construction works were
carried out to assess any changes in bedform topography and such further monitoring or
assessment as may be agreed to ensure that cables have been buried or protected;
(c) any marine mammal monitoring required by the monitoring plan submitted in accordance
with condition 22(1)(c);
(d) any ornithological monitoring required by the monitoring plan submitted in accordance
with condition 22(1)(c); and
(e) post-construction traffic monitoring, which includes vessel traffic monitoring by
automatic identification system for a duration of three consecutive years following the
completion of construction of the authorised scheme, unless otherwise agreed in writing
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by the MMO. An appropriate report must be submitted to the MMO, Trinity House and
the MCA at the end of each year of the three year period.
(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the
agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed
in writing with the MMO in consultation with the relevant statutory nature conservation body.
(4) Following installation of cables, the cable monitoring plan required under condition 22(1)
(d)(ii)(cc) must be updated with the results of the post installation surveys. The plan must be
implemented during the operational lifetime of the project and reviewed as specified within the plan,
following cable burial surveys, or as instructed by the MMO.
Reporting of impact pile driving
29.—(1) Only when driven or part-driven pile foundations are proposed to be used as part of the
foundation installation the undertaker must provide the following information to the Marine Noise
Registry—
(a) prior to the commencement of the licenced activities, information on the expected location,
start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward
Look requirements;
(b) at six month intervals following the commencement of pile driving, information on the
locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close
Out requirements; and
(c) within 12 weeks of completion of impact pile driving, information on the locations and
dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.
(2) The undertaker must notify the MMO of the successful submission of Forward Look or Close
Out data pursuant to sub-paragraph (1) above within 7 days of the submission.
(3) For the purpose of this condition—
(a) “Marine Noise Registry” means the database developed and maintained by JNCC on
behalf of Defra to record the spatial and temporal distribution of impulsive noise
generating activities in UK seas; and
(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise
Registry Information Document Version 1 (July 2015) or any updated information
document.
Deployment of cable protection
30. No cable protection granted by this licence may be deployed within the IDRBNR SAC after
the construction period has ended. Any cable protection to be installed outside of the IDRBNR SAC
following completion of construction in locations where cable protection was not installed during
construction must be deployed within 10 years of completion of construction, unless otherwise
agreed by the MMO in writing.
Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)
31.—(1) No piling activities can begin until a Site Integrity Plan (SIP), which accords with
the principles set out in the in principle Southern North Sea SAC Site Integrity Plan, has been
submitted to, and approved in writing, by the MMO in consultation with the relevant statutory nature
conservation body.
(2) The SIP submitted for approval must contain a description of the conservation objectives
for the Southern North Sea Special Area of Conservation (SNS SAC) as well as any relevant
management measures and it must set out the key statutory nature conservation body advice on
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activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this
has been considered in the context of the authorised scheme.
(3) The SIP must be submitted to the MMO no later than six months prior to the commencement
of piling activities.
(4) In approving the SIP the MMO must be satisfied that the authorised scheme at the pre-
construction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.
(5) The approved SIP may be amended with the prior written approval of the MMO, in
consultation with the relevant statutory nature conservation body, where the MMO remains satisfied
that the authorised scheme, in-combination with other plans or projects at the pre-construction stage,
is in line with the JNCC Guidance.
(6) The MMO must determine an application for approval made under condition 22 within a
period of six months commencing on the date the application is received by the MMO, unless
otherwise agreed in writing with the undertaker.
(7) The licensed activities must be carried out in accordance with the SIP approved under
condition 22, unless otherwise agreed in writing by the MMO.
Completion of construction
32.—(1) The undertaker must submit a close out report to the MMO, MCA, UKHO, the relevant
statutory nature conservation body and Trinity House within three months of the date of completion
of construction. The close out report must confirm the date of completion of construction and must
include the following details—
(a) as built plans;
(b) latitude and longitude coordinates of the centre point of the location for each
offshore transformer station, offshore reactive compensation platform and the offshore
accommodation platform provided as Geographical Information System data referenced
to WGS84 datum;
(c) latitude and longitude coordinates of the offshore export cable route provided as
Geographical Information System data referenced to WGS84 datum; and
(d) the location, volume and area of cable protection.
(2) Following completion of construction, no further construction activities can be undertaken
under this licence, with the exception of the deployment of cable protection.
(3) For any subsequent deployments of cable protection following completion of construction, the
undertaker must submit an updated close out report not more than four months following deployment
of the cable protection.
Maintenance reporting
33.—(1) An annual maintenance report must be submitted to the MMO in writing within three
months following the first anniversary of the date of commencement of operations, and every year
thereafter until the permanent cessation of operation.
(2) The report must provide a record of the licensed activities as set out in condition 4 during the
preceding year, the timing of activities and methodologies used.
(3) Every fifth year, the undertaker must submit to the MMO in writing, within three months of
that date, a consolidated maintenance report, which will—
(a) include a review of licensed activities undertaken during the preceding five years with
reference to the reports submitted in accordance with condition 24(1) of this licence; and
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(b) reconfirm the applicability of the methodologies and frequencies of the licensable
activities permitted by this licence for the remaining duration of this licence.
Seasonal restriction
34.—(1) The undertaker must not carry out any offshore cable installation works or works
associated with the installation of the offshore reactive compensation platforms seaward of mean
high water springs within the Greater Wash SPA restriction area between 1 November to 31 March
inclusive, unless otherwise approved in writing by the MMO, in consultation with the statutory
nature conservation body.
(2) In this paragraph, the “Greater Wash SPA restriction area” means the site designated as the
Greater Wash Special Protection Area and an additional area extending two kilometres beyond the
boundary of the site designated as the Greater Wash Special Protection Area.
SCHEDULE 12 Article 31
Deemed marine licence under the 2009 Act – northern artificial nesting structure 1
PART 1
Licensed marine activities
1.—(1) In this licence—
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 2009;
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;
“authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of
this licence;
“authorised scheme” means Work Nos. 8 and 9 described in paragraph 3 of Part 1 of this licence
or any part of that work;
“buoy” means any floating device used for navigational purposes or measurement purposes,
including LiDAR buoys, wave buoys and guard buoys;
“commence” means the first carrying out of any licensed marine activities authorised by
this licence, save for operations consisting of offshore preparation works and the words
“commencement” and “commenced” must be construed accordingly;
“condition” means a condition in Part 2 of this licence;
“enforcement officer” means a person authorised to carry out enforcement duties under
Chapter 3 of Part 4 (marine licensing) of the 2009 Act;
“Environment Agency” means the non-departmental public body of that name created by
section 1 of the Environment Act 1995;
“environmental statement” means the document certified as the environmental statement by
the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.);
“gravity base structure” means a structure principally of steel, concrete, or steel and concrete
which rests on the seabed either due to its own weight with or without added ballast or
additional skirts and associated equipment including scour protection, J-tubes, corrosion
protection systems and access platforms and equipment;
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“in principle Southern North Sea SAC Site Integrity Plan” means the document certified as
the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the
purposes of the Order under article 40 (certification of plans etc.);
“JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the
significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’
Joint Nature Conservation Committee Report No. 654, May 2020 published in June 2020 as
amended, updated or superseded from time to time;
“LAT” means lowest astronomical tide;
“licence 1 (generation)” means the licence set out in Schedule 10 (deemed marine licence
under the 2009 Act – offshore transmission assets);
“licence 2 (transmission)” means the licence set out in Schedule 11 (deemed marine licence
under the 2009 Act – offshore transmission assets);
“licence 4” means the licence set out in Schedule 13 (deemed marine licence under the 2009
Act – northern artificial nesting structure 2)
“licence 5” means the licence set out in Schedule 14 (deemed marine licence under the 2009
Act – southern artificial nesting structure 1)
“licence 6” means the licence set out in Schedule 15 (deemed marine licence under the 2009
Act – southern artificial nesting structure 2)
“licensed activities” means the activities specified in Part 1 of this licence;
“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove,
reconstruct and replace (including replenishment of cable protection), but does not include the
removal, reconstruction or replacement of foundations associated with the offshore works, to
the extent assessed in the environmental statement; and “maintenance” and any derivative of
maintain must be construed accordingly;
“Marine Management Organisation” or “MMO” means the body created under the 2009 Act
which is responsible for the monitoring and enforcement of this licence;
“MCA” means the Maritime and Coastguard Agency;
“mean high water springs” or “MHWS” means the highest level which spring tides reach on
average over a period of time;
“offshore artificial nesting structure” means a structure attached to the seabed by means of a
foundation, providing nesting facilities for birds;
“offshore Order limits” means the limits shown on the works plans within which the authorised
scheme may be carried out;
“offshore preparation works” means surveys and monitoring seaward of MHWS undertaken
prior to the commencement of construction to prepare for construction;
“offshore works” means Work Nos. 1 to 11 and any related associated development in
connection with those works and ancillary works described in Schedule 1 part 1 and Schedule 1
part 2 of the Order respectively;
“the Order” means the Outer Dowsing Offshore Wind Farm Order 2026;
“outline marine archaeological written scheme of investigation” means the document certified
as the outline marine archaeological written scheme of investigation by the Secretary of State
for the purposes of the Order under article 40;
“outline offshore operations and maintenance plan” means the document certified as the outline
offshore operations and maintenance plan by the Secretary of State for the purposes of the
Order under article 40;
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“outline marine mammal mitigation protocol (piling)” means the document certified as the
outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes
of this Order under article 40;
“pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure steel
jacket foundations;
“pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which
is fixed to the seabed at three or more points with steel pin piles and associated equipment
including scour protection, J-tubes, corrosion protection systems and access platform(s) and
equipment;
“SAC” means special area of conservation;
“statutory nature conservation body” means the appropriate nature conservation body as
defined in regulation 5 of the 2017 Regulations;
“suction bucket” means large diameter steel cylindrical shells which penetrate the seabed
assisted by a hydrostatic pressure differential for securing steel jacket foundations;
“suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel
which is fixed to the seabed at three or more points with steel suction buckets and associated
equipment including scour protection, J-tubes, corrosion protection systems and access
platform(s) and equipment;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“undertaker” means GT R4 Limited (company number 13281221);
“vessel” means every description of vessel, however propelled or moved, and includes a non-
displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil
vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted
for movement through, in, on or over water and which is at the time in, on or over water;
“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton,
Somerset, TA1 2DN; and
“works plans” means the plans certified as the works plans onshore and works plans offshore
by the Secretary of State for the purposes of the Order under article 40 (certification of plans
etc.).
(2) 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 coordinates are taken to be latitude and longitude degrees and minutes to two decimal
places.
(4) Except where otherwise notified in writing by the relevant organisation, the primary point of
contact with the organisations listed below and the address for returns and correspondence are—
(a) Marine Management Organisation
Marine Licensing Team
Tyneside House
Skinnerburn Road
Newcastle upon Tyne
NE4 7AR
Tel: 0300 123 1032;
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(b) Marine Management Organisation (local office)
CEFAS (Centre for Environment, Fisheries and Aquaculture Science) Building
Pakefield Road
Lowestoft
NR33 0HT
Tel: 0208 026 6094;
(c) Trinity House
Tower Hill
London
EC3N 4DH
Tel: 020 7481 6900;
(d) The United Kingdom Hydrographic Office
Admiralty Way
Taunton
Somerset
TA1 2DN
Tel: 01823 337 900;
(e) Maritime and Coastguard Agency
UK Technical Services Navigation
Spring Place 105 Commercial Road
Southampton
SO15 1EG
Tel: 020 3817 2426/2433
Email: navigationsafety@mcga.gov.uk;
(f) Natural England
4th Floor, Foss House
1-2 Peasholme Green
York
YO1 7PX
Tel: 0300 060 3900;
(g) Historic England
The Foundry
82 Granville Street
Birmingham
B1 2LH
Tel: 0121 625 6888.
2. Subject to the licence conditions at Part 2, 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—
(a) the deposit at sea of the substances and articles specified in paragraph 4 below;
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(b) the construction of works in or over the sea or on or under the sea bed;
(c) dredging for the purposes of seabed preparation for foundation works;
(d) debris clearance works;
(e) boulder clearance works either by displacement ploughing or subsea grab technique or
other equivalent method;
(f) the removal of out of service cables;
(g) the removal of sediment samples for the purposes of informing environmental monitoring
under this licence during pre-construction, construction and operation;
(h) removal of static fishing gear; and
(i) the disposal of up to 36,300 cubic metres of inert material of natural origin and/or dredged
material within the offshore Order limits produced during construction drilling or seabed
preparation for foundation works at disposal site reference(s) to be provided in writing by
the MMO within the extent of the Order limits seaward of MHWS.
3. Such activities are authorised in relation to the construction, maintenance and operation of—
Work No. 8— a temporary work area associated with Work No. 9 for vessels to carry out anchoring
and positioning, and for the wet storage of construction materials;
Work No. 9— an offshore artificial nesting structure;
In connection with such Work Nos. 8 and 9 and to the extent that they do not otherwise form part of
any such work, further associated development within the meaning of section 115(2) (development
for which development consent may be granted) of the 2008 Act comprising such other works as may
be necessary or expedient for the purposes of or in connection with the relevant part of the authorised
scheme and which fall within the scope of the work assessed by the environmental statement and
the provisions of this licence including—
(a) scour protection around the foundations of the offshore artificial nesting structure;
(b) dredging;
(c) the removal of material from the seabed required for the construction of Work Nos. 9 and
the disposal of inert material of natural origin and dredged material within the Order limits
produced during construction drilling and seabed preparation for foundation works; and
(d) removal of static fishing equipment.
In connection with such Work Nos. 8 and 9, ancillary works within the Order limits which have
been subject to an environmental impact assessment recorded in the environmental statement
comprising—
(a) temporary landing places, moorings or other means of accommodating or anchoring
vessels in the construction and/or maintenance of the authorised scheme; and
(b) marking buoys, beacons, fenders and other navigational warning or ship impact protection
works.
4. The substances or articles authorised for deposit at sea are—
(a) iron and steel, copper and aluminium;
(b) stone and rock;
(c) concrete and grout;
(d) sand and gravel;
(e) plastic and synthetic;
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(f) material extracted from within the offshore Order limits during construction drilling and
seabed preparation for foundation works;
(g) weights used for the calibration of vessels, consisting of a hessian sack, metal shackles
or chains; and
(h) marine coatings, other chemicals and timber.
5. The grid coordinates for the authorised scheme are specified below—
Point Latitude Longitude
415 53° 45’ 33.891″ N 001° 00’ 32.907″ E
416 53° 45’ 4.594″ N 001° 03’ 26.056″ E
417 53° 44’ 36.965″ N 001° 01’ 37.843″ E
418 53° 43’ 49.104″ N 000° 59’ 30.164″ E
419 53° 42’ 55.282″ N 000° 57’ 43.981″ E
420 53° 41’ 29.957″ N 000° 56’ 3.720″ E
421 53° 40’ 23.371″ N 000° 54’ 7.750″ E
422 53° 40’ 29.385″ N 000° 52’ 22.939″ E
423 53° 40’ 36.281″ N 000° 51’ 30.886″ E
424 53° 45’ 43.118″ N 000° 51’ 54.642″ E
425 53° 45’ 14.743″ N 000° 54’ 25.985″ E
426 53° 45’ 27.752″ N 000° 55’ 46.378″ E
427 53° 45’ 58.939″ N 000° 55’ 49.294″ E
428 53° 46’ 23.766″ N 000° 57’ 46.036″ E
430 53° 45’ 6.151″ N 000° 56’ 50.100″ E
431 53° 45’ 28.354″ N 000° 57’ 29.801″ E
432 53° 45’ 51.883″ N 000° 56’ 52.331″ E
433 53° 45’ 29.676″ N 000° 56’ 12.629″ E
6. This licence remains in force until the authorised scheme has been decommissioned.
7. 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) and (8) relating to the transfer of the
licence only apply to a transfer not falling within article 5 (benefit of the Order).
8. With respect to any condition which requires the licensed activities be carried out in accordance
with the plans, protocols or statements approved under this licence, the approved details, plan or
scheme are taken to include any amendments that may subsequently be approved in writing by the
MMO.
9. Any amendments to the details, plan or scheme must be in accordance with the principles and
assessments set out in the environmental statement, and approval for an amendment may be given
only where it has been demonstrated to the satisfaction of the MMO that the amendment is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
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PART 2
Conditions
Design parameters
10.—(1) The dimensions of the offshore artificial nesting structure forming part of the authorised
scheme must not exceed—
(a) 60 metres in height when measured from LAT;
(b) 23 metres in length; and
(c) 23 metres in width.
(2) The offshore artificial nesting structure foundation structures forming part of the authorised
scheme must be monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.
(3) In respect of the offshore artificial nesting structure—
(a) no monopile foundation may have a diameter greater than eight metres;
(b) no gravity base structure foundation may have a diameter at the level of the seabed greater
than 50 metres;
(c) no pin pile jacket foundation forming part of the authorised scheme may—
(i)have a pin pile diameter of greater than five metres; or
(ii)employ more than four pin piles per jacket foundation;
(d) no suction bucket jacket foundation forming part of the authorised scheme may—
(i)have a suction bucket diameter of greater than ten metres; or
(ii)employ more than four suction buckets per jacket foundation;
(4) The total seabed footprint area for the offshore artificial nesting structure foundations must
not exceed—
(a) 2,000 square metres excluding scour protection; and
(b) 12,300 square metres including scour protection.
(5) The total number of offshore artificial nesting structures forming part of the authorised scheme
and the authorised schemes in licence 4 (northern artificial nesting structure 2) and/or licence 5
(southern artificial nesting structure 1) and/or licence 6 (southern artificial nesting structure 2) taken
together must not exceed two.
Maintenance of the authorised scheme
11.—(1) The undertaker may at any time maintain the authorised scheme, except to the extent
that this licence or an agreement made under this licence provides otherwise.
(2) No maintenance works whose likely effects are not assessed in the environmental statement
may be carried out, unless otherwise approved by the MMO.
(3) Maintenance works include but are not limited to—
(a) major offshore artificial nesting structure component replacement;
(b) offshore artificial nesting structure component repairs;
(c) painting and applying other coatings to the offshore artificial nesting structure;
(d) bird waste and marine growth removal; and
(e) access ladder and boat ladder replacement;
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(4) Where the MMO’s approval is required under sub-paragraph (2), approval may be given only
where it has been demonstrated to the satisfaction of the MMO that the approval sought is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
Vessels under the undertaker’s control
12.—(1) The undertaker must issue to operators of vessels under its control operating within the
Order limits a code of conduct to prevent collision risk or injury to marine mammals.
(2) The undertaker must ensure appropriate co-ordination of vessels within its control operating
within the Order limits so as to reduce collision risk to other vessels including advisory safe passing
distances for vessels.
Extension of time periods
13. Any time period given in this licence to either the undertaker or the MMO may be extended
with the agreement of the other party in writing such agreement not to be unreasonably withheld
or delayed.
Notification and Inspection
14.—(1) The undertaker must ensure that—
(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent
variations to it is provided to—
(i)all agents and contractors notified to the MMO in accordance with condition 13; and
(ii)the masters and offshore operations managers responsible for the vessels notified to
the MMO in accordance with condition 13;
(b) within 28 days of receipt of a copy of this licence those persons referred to in sub-
paragraph (a) above must confirm receipt of this licence in writing to the MMO.
(2) Only those persons and vessels notified to the MMO in accordance with condition 13 are
permitted to carry out the licensed activities.
(3) Copies of this licence must also be available for inspection at the following locations—
(a) the undertaker’s registered address;
(b) any site office located at or adjacent to the construction site and used by the undertaker
or its agents and contractors responsible for the loading, transportation or deposit of the
authorised deposits; and
(c) on board each vessel or at the office of any offshore operations manager with responsibility
for vessels from which authorised deposits or removals are to be made.
(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an
authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.
(5) The undertaker must provide access, and if necessary appropriate transportation, to the
offshore construction site or any other associated works or vessels to facilitate any inspection that the
MMO considers necessary to inspect the works during construction and operation of the authorised
scheme.
(6) The undertaker must inform the MMO Local Office in writing at least 14 days prior to
commencement of the licensed activities or any part of them, and within five days of completion
of the licensed activities.
(7) The Kingfisher Information Service of Seafish must be informed of details of the vessel
routes, timings and locations relating to the construction of the authorised scheme or part thereof
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by including the information in a notice via the Kingfisher Service of Seafish portal (https://
kingfisherbulletin.org/submit-notice) and sent by email to kingfisher@seafish.co.uk—
(a) at least 14 days prior to the commencement of offshore activities, for inclusion in the
Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and
(b) as soon as reasonably practicable and no later than 24 hours after completion of
construction of the authorised scheme,
confirmation of notification must be provided to the MMO within five days.
(8) A notice to mariners must be issued at least 14 days prior to the commencement of the licensed
activities or any part of them advising of the start date of Work No. 9, and to the extent that they
are carried out under this licence, Work No. 8, and the expected vessel routes from the construction
ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UK
Hydrographic Office within five days.
(9) The notices to mariners must be updated and reissued at weekly intervals during construction
activities and at least five days before any planned operations and maintenance works and
supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction
programme approved under condition 20(1)(b). Copies of all notices must be provided to the MMO
and UK Hydrographic Office within five days.
(10) The undertaker must notify the UK Hydrographic Office—
(a) of commencement of the licensed activities at least 14 days prior to commencement;
(b) of the progress of the licensed activities; and
(c) of completion of construction of the licensed activities within 14 days of completion,
in order that all necessary amendments to nautical charts are made and the undertaker must send a
copy of such notifications to the MMO and MCA within five days.
(11) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS
or any part thereof the undertaker must as soon as reasonably practicable and no later than 24 hours
following the undertaker becoming aware of any such damage, destruction or decay, notify MMO,
MCA, Trinity House, Kingfisher Information Service, the UK Hydrographic Office and regional
fisheries organisations.
Aids to navigation
15.—(1) The undertaker must during the whole period from commencement of the licensed
activities to completion of decommissioning seaward of MHWS exhibit such lights, marks, sounds,
signals and other aids to navigation, and take such other steps for the prevention of danger to
navigation as Trinity House may from time to time direct.
(2) The undertaker must during the period from the start of construction of the authorised scheme
to completion of decommissioning seaward of MHWS keep Trinity House and the MMO informed
of progress of the authorised scheme including the following—
(a) notice of commencement of construction of the authorised scheme within 24 hours of
commencement having occurred;
(b) notice within 24 hours of any aids to navigation being established by the undertaker; and
(c) notice within five days of completion of construction of the authorised scheme.
(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation
in accordance with the frequencies set out in the aids to navigation management plan approved
pursuant to condition 11(1)(h) using the reporting system provided by Trinity House.
(4) The undertaker must during the whole period from commencement of the licensed activities
to completion of decommissioning seaward of MHWS notify Trinity House and the MMO of any
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failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as
possible and no later than 24 hours following the undertaker becoming aware of any such failure.
(5) In the event that the provisions of condition 14(11) are invoked, the undertaker must lay
down such buoys, exhibit such lights and take such other steps for preventing danger to navigation
as directed by Trinity House.
Colouring of structures
16.—(1) Except as otherwise required by Trinity House the undertaker must paint all structures
forming part of the authorised scheme yellow (colour code RAL 1023) from at least Highest
Astronomical Tide to a height as directed by Trinity House.
(2) Subject to sub-paragraph (1) above, unless the MMO otherwise directs, the undertaker must
ensure that the remainder of the structures are painted submarine grey (colour code RAL 7035).
Chemicals, drilling and debris
17.—(1) Unless otherwise agreed in writing by the MMO, all chemicals and substances, including
paints and coatings, used below MHWS for the undertaking of the licensed activities must be
approved in writing by the MMO prior to use. Submission for approval to the MMO must take place
no later than ten weeks prior to use, unless otherwise agreed by the MMO in writing.
(2) The undertaker must ensure that any coatings/treatments are suitable for use in the marine
environment and are used in accordance with guidelines approved by Health and Safety Executive
and the Environment Agency Pollution Prevention Control Guidelines.
(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances
must be undertaken so as to prevent releases into the marine environment, including bunding of
110% of the total volume of all reservoirs and containers.
(4) The undertaker must inform the MMO of the location and quantities of material disposed
of each month under the Order, by submission of a disposal return by 15 February each year for
the months August to January inclusive, and by 15 August each year for the months February to
July inclusive.
(5) The undertaker must ensure that only inert material of natural origin, drilling mud and
dredged material, produced during the drilling installation of or seabed preparation for foundations
is disposed of within the disposal site reference(s) to be provided in writing by the MMO within the
extent of the Order limits seaward of MHWS. Any material of anthropogenic origin will be screened
out and disposed of at an appropriate waste facility onshore.
(6) The undertaker must ensure that any rock material used in the construction of the authorised
scheme is from a recognised source, free from contaminants and containing minimal fines.
(7) In the event that any rock material used in the construction of the authorised scheme is
misplaced or lost below MHWS, the undertaker must report the loss to the MMO Local Office
within 48 hours and if the MMO reasonably considers such material to constitute a navigation
or environmental hazard (dependent on the size and nature of the material) the undertaker must
endeavour to locate the material and recover it.
(8) The undertaker must ensure that no waste concrete slurry or wash water from concrete or
cement works are discharged into the marine environment. Concrete and cement mixing and washing
areas must be contained to prevent run off entering the water through the freeing ports.
(9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment
is reported to the MMO, Marine Pollution Response Team in accordance with the marine pollution
contingency plan approved under condition 20(1)(d)(i).
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(10) Debris or dropped objects which are considered a danger or hazard to navigation must be
reported as soon as reasonably practicable but no later than six hours from the undertaker becoming
aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by
telephone (0344 382 0580), and the UK Hydrographic Office email: navwarnings@btconnect.com.
(11) All dropped objects including those in sub-paragraph (10), must be reported to the MMO
using the Dropped Object Procedure Form (including any updated form as provided by the MMO) as
soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware
of an incident, unless otherwise agreed in writing with the MMO.
(12) On receipt of notification or the Dropped Object Procedure Form the MMO may require
relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do
so and the MMO may require obstructions to be removed from the marine environment at the
undertaker’s expense if reasonable to do so.
Notification of unauthorised deposits
18.—(1) If the master of a vessel determines that it is necessary to make an unauthorised
deposit within or outside of the Order limits because the safety of human life and/or of the vessel
is threatened, within 48 hours full details of the circumstances of the deposit must be notified to
the MMO.
(2) The unauthorised deposits must be removed at the expense of the undertaker unless written
approval is obtained from the MMO.
Aviation safety
19. The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14
days prior to the commencement of the licensed activities, in writing of the following information—
(a) the date of the commencement of construction of the licensed activities;
(b) the date the offshore artificial nesting structure is brought into use;
(c) the maximum height of any construction equipment to be used;
(d) the maximum heights of the offshore artificial nesting structure to be constructed; and
(e) the latitude and longitude of the offshore artificial nesting structure to be constructed,
and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the
information supplied under this paragraph and of the completion of the construction of the licensed
activities. Copies of notifications must be provided to the MMO within five days of the notification
to the Defence Infrastructure Organisation Safeguarding.
Pre-construction plans and documents
20.—(1) The licensed activities or any part of those activities must not commence until the
following (as relevant to that part) have been submitted to and approved in writing by the MMO—
(a) A design plan at a scale of between 1:25,000 and 1:50,000, including detailed
representation on the most suitably scaled admiralty chart, to be approved in writing by
the MMO in consultation with Trinity House, the MCA, UKHO and the relevant statutory
nature conservation body which shows—
(i)the proposed location and choice of foundation of the offshore artificial nesting
structure;
(ii)the grid coordinates of the centre point of the proposed location for the offshore
artificial nesting structure;
(iii)the dimensions of all foundations;
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(iv)the proposed layout of the offshore artificial nesting structure to be constructed under
this licence; and
(v)any exclusion zones/environmental micrositing requirements;
to ensure conformity with the description of Work Nos. 8 and 9 and compliance with
conditions 1 to 9 above.
(b) A construction programme to include details of—
(i)the proposed construction start date;
(ii)proposed timings for mobilisation of plant delivery of materials and installation
works; and
(iii)an indicative written construction programme for the offshore artificial nesting
structure comprised in the works at paragraph 3 of Part 1 (licensed marine activities)
of this licence (insofar as not shown in sub-paragraph (ii) above);
(c) A construction method statement in accordance with the construction methods assessed
in the environmental statement and including details of—
(i)foundation installation methodology, including drilling methods and disposal of drill
arisings and material extracted during seabed preparation for foundation works;
(ii)scour protection management including details of the need, type, sources, quantity
and installation methods for scour protection;
(iii)main contractors;
(iv)vessels and vessels transit corridors; and
(v)associated and ancillary works;
(d) A project environmental management plan in accordance with the outline project
environmental management plan covering the period of construction and operation to
include details of—
(i)a marine pollution contingency plan to address the risks, methods and procedures
to deal with any spills and collision incidents of the authorised scheme in relation
to all activities carried out;
(ii)a chemical risk assessment to include information regarding how and when
chemicals are to be used, stored and transported in accordance with recognised best
practice guidance;
(iii)waste management and disposal arrangements;
(iv)the appointment and responsibilities of a fisheries liaison officer; and
(v)a marine biosecurity plan detailing how the risk of introduction and spread of
invasive non-native species will be minimised;
(e) In the event that driven or part-driven pile foundations are proposed to be used, a marine
mammal mitigation protocol in accordance with the outline marine mammal mitigation
protocol (piling), the intention of which is to prevent injury to marine mammals, following
current best practice as advised by the relevant statutory nature conservation body, to be
submitted to the MMO at least six months prior to commencement of piling activities. The
marine mammal mitigation protocol must include deployment of noise mitigation systems
or noise abatement systems (or both) that will be utilised to manage sounds from those
piling activities. The marine mammal mitigation protocol must include full details and
justification for the mitigation chosen or excluded for deployment;
(f) An offshore operations and maintenance plan, in accordance with the outline offshore
operations and maintenance plan, to be submitted to the MMO at least three months prior
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to commencement of operation of the licensed activities and to provide for review and
resubmission every five years during the operational phase;
(g) A written scheme of archaeological investigation in relation to the offshore Order limits
seaward of mean high water, which must be submitted to the statutory historic body at least
four months prior to commencement of the licensed activities and to the MMO at least
three months prior to commencement of the licensed activities and which must accord
with the outline marine archaeological written scheme of investigation and industry good
practice, in consultation with the statutory historic body to include—
(i)details of responsibilities of the undertaker, archaeological consultant and contractor;
(ii)a methodology for further site investigation including any specifications for
geophysical, geotechnical and diver or remotely operated vehicle investigations;
(iii)archaeological analysis of survey data, and timetable for reporting, which is to be
submitted to the MMO within four months of any survey being completed;
(iv)delivery of any mitigation including, where necessary, identification and
modification of archaeological exclusion zones;
(v)monitoring of archaeological exclusion zones during and post construction, where
required;
(vi)a requirement for the undertaker to ensure that a copy of any agreed archaeological
report is deposited with the Archaeological Data Service, by submitting an OASIS
(Online Access to the Index of Archaeological Investigations) form with a digital
copy of the report within six months of completion of construction of the authorised
scheme, and to notify the MMO and Historic England that the OASIS form has been
submitted to the Archaeological Data Service within two weeks of submission;
(vii)a reporting and recording protocol, including reporting of any wreck or wreck
material during construction, operation and decommissioning of the authorised
scheme; and
(viii)a timetable for all further site investigations, which must allow sufficient opportunity
to establish a full understanding of the historic environment within the offshore
Order limits and the approval of any necessary mitigation required as a result of the
further site investigations prior to commencement of licensed activities;
(h) An aids to navigation management plan to be approved in writing by the MMO, following
consultation with Trinity House, to include details of how the undertaker will comply with
the provisions of condition 6 for the lifetime of the authorised scheme.
(i) A biogenic reef mitigation plan in accordance with the outline biogenic reef mitigation
plan.
(2) In the event that driven or part-driven pile foundations are proposed to be used, the hammer
energy used to drive or part-drive the pile foundations must not exceed 3,500kJ.
(3) Pre-construction archaeological investigations and pre-commencement material operations
which involve intrusive seabed works must only take place in accordance with a specific written
scheme of archaeological investigation which is itself in accordance with the details set out in the
outline written scheme of investigation (offshore), and which has been submitted to and approved
by the MMO in consultation with the statutory historic body.
21.—(1) Each programme, statement, plan, protocol or scheme required to be approved
under condition 11 must be submitted for approval at least three months prior to the intended
commencement of licensed activities, except where otherwise stated or unless otherwise agreed in
writing by the MMO.
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(2) No licensed activity may commence until for that licensed activity the MMO has approved
in writing any relevant programme, statement, plan, protocol or scheme required to be approved
under condition 11.
(3) Subject to sub-paragraph (5), the MMO must determine an application for approval made
under condition 11 within a period of three months commencing on the date the application is
received by the MMO, unless otherwise agreed in writing with the undertaker.
(4) The licensed activities must be carried out in accordance with the approved plans, protocols,
statements, schemes and details approved under condition 11, unless otherwise agreed in writing
by the MMO.
(5) Where an application for approval is made under condition 11(1)(e), the MMO must determine
the application for approval within a period of six months commencing on the date the application
is received by the MMO, unless otherwise agreed in writing with the undertaker.
Reporting of engaged agents, contractors and vessels
22.—(1) The undertaker must provide the following information to the MMO, unless otherwise
agreed in writing by the MMO—
(a) the name, company number (if applicable), address and function of any agent, contractor
or subcontractor appointed to engage in the licensed activities not less than ten working
days prior to such agent or contractor commencing any licensed activity; and
(b) each week during the construction of the authorised scheme a completed Hydrographic
Note H102 listing the vessels currently and to be used in relation to the licensed activities,
including the master’s name, vessel type, vessel IMO number and vessel owner or
operating company.
(2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent,
contractor or vessel engaging in the licensed activities.
Reporting of impact pile driving
23.—(1) Only when driven or part-driven pile foundations are proposed to be used as part of the
foundation installation the undertaker must provide the following information to the Marine Noise
Registry—
(a) prior to the commencement of the licenced activities, information on the expected location,
start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward
Look requirements;
(b) at six month intervals following the commencement of pile driving, information on the
locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close
Out requirements; and
(c) within 12 weeks of completion of impact pile driving, information on the locations and
dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.
(2) The undertaker must notify the MMO of the successful submission of Forward Look or Close
Out data pursuant to sub-paragraph (1) above within 7 days of the submission.
(3) For the purpose of this condition—
(a) “Marine Noise Registry” means the database developed and maintained by JNCC on
behalf of Defra to record the spatial and temporal distribution of impulsive noise
generating activities in UK seas; and
(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise
Registry Information Document Version 1 (July 2015) or any updated information
document.
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Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)
24.—(1) No piling activities can begin until a Site Integrity Plan (SIP), which accords with the
principles set out in the in principle Southern North Sea SAC Site Integrity Plan so far as relevant to
the authorised scheme, has been submitted to, and approved in writing, by the MMO in consultation
with the relevant statutory nature conservation body.
(2) The SIP submitted for approval must contain a description of the conservation objectives
for the Southern North Sea Special Area of Conservation (SNS SAC) as well as any relevant
management measures and it must set out the key statutory nature conservation body advice on
activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this
has been considered in the context of the authorised scheme.
(3) The SIP must be submitted to the MMO no later than four months prior to the commencement
of piling activities.
(4) In approving the SIP the MMO must be satisfied that the authorised scheme at the pre-
construction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.
(5) The approved SIP may be amended with the prior written approval of the MMO, in
consultation with the relevant statutory nature conservation body, where the MMO remains satisfied
that the authorised scheme, in-combination with other plans or projects at the pre-construction stage,
is in line with the JNCC Guidance.
(6) The MMO must determine an application for approval made under condition 15 within a
period of six months commencing on the date the application is received by the MMO, unless
otherwise agreed in writing with the undertaker.
(7) The licensed activities must be carried out in accordance with the SIP approved under
condition 15, unless otherwise agreed in writing by the MMO.
Maintenance reporting
25.—(1) An annual maintenance report must be submitted to the MMO in writing within three
months following the first anniversary of the date of commencement of operations, and every year
thereafter until the permanent cessation of operation.
(2) The report must provide a record of the licensed activities as set out in condition 2 during the
preceding year, the timing of activities and methodologies used.
(3) Every fifth year, the undertaker must submit to the MMO in writing, within three months of
that date, a consolidated maintenance report, which will—
(a) include a review of licensed activities undertaken during the preceding five years with
reference to the reports submitted in accordance with condition 16(1) of this licence; and
(b) reconfirm the applicability of the methodologies and frequencies of the licensable
activities permitted by this licence for the remaining duration of this licence.
Piling restriction for spawning herring
26. No piling of any type is permitted between 1 September and 16 October each year, unless
otherwise approved in writing by the MMO.
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SCHEDULE 13 Article 31
Deemed marine licence under the 2009 Act – northern artificial nesting structure 2
PART 1
Licensed marine activities
1.—(1) In this licence—
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 2009;
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;
“authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of
this licence;
“authorised scheme” means Work Nos. 8 and 9 described in paragraph 3 of Part 1 of this licence
or any part of that work;
“buoy” means any floating device used for navigational purposes or measurement purposes,
including LiDAR buoys, wave buoys and guard buoys;
“commence” means the first carrying out of any licensed marine activities authorised by
this licence, save for operations consisting of offshore preparation works and the words
“commencement” and “commenced” must be construed accordingly;
“condition” means a condition in Part 2 of this licence;
“enforcement officer” means a person authorised to carry out enforcement duties under
Chapter 3 of Part 4 (marine licensing) of the 2009 Act;
“Environment Agency” means the non-departmental public body of that name created by
section 1 of the Environment Act 1995;
“environmental statement” means the document certified as the environmental statement by
the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.);
“gravity base structure” means a structure principally of steel, concrete, or steel and concrete
which rests on the seabed either due to its own weight with or without added ballast or
additional skirts and associated equipment including scour protection, J-tubes, corrosion
protection systems and access platforms and equipment;
“in principle Southern North Sea SAC Site Integrity Plan” means the document certified as
the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the
purposes of the Order under article 40 (certification of plans etc.);
“JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the
significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’
Joint Nature Conservation Committee Report No. 654, May 2020 published in June 2020 as
amended, updated or superseded from time to time;
“LAT” means lowest astronomical tide;
“licence 1 (generation)” means the licence set out in Schedule 10 (deemed marine licence
under the 2009 Act – offshore transmission assets);
“licence 2 (transmission)” means the licence set out in Schedule 11 (deemed marine licence
under the 2009 Act – offshore transmission assets);
“licence 3” means the licence set out in Schedule 12 (deemed marine licence under the 2009
Act – northern artificial nesting structure 1)
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“licence 5” means the licence set out in Schedule 14 (deemed marine licence under the 2009
Act – southern artificial nesting structure 1)
“licence 6” means the licence set out in Schedule 15 (deemed marine licence under the 2009
Act – southern artificial nesting structure 2)
“licensed activities” means the activities specified in Part 1 of this licence;
“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove,
reconstruct and replace (including replenishment of cable protection), but does not include the
removal, reconstruction or replacement of foundations associated with the offshore works, to
the extent assessed in the environmental statement; and “maintenance” and any derivative of
maintain must be construed accordingly;
“Marine Management Organisation” or “MMO” means the body created under the 2009 Act
which is responsible for the monitoring and enforcement of this licence;
“MCA” means the Maritime and Coastguard Agency;
“mean high water springs” or “MHWS” means the highest level which spring tides reach on
average over a period of time;
“offshore artificial nesting structure” means a structure attached to the seabed by means of a
foundation, providing nesting facilities for birds;
“offshore Order limits” means the limits shown on the works plans within which the authorised
scheme may be carried out;
“offshore preparation works” means surveys and monitoring seaward of MHWS undertaken
prior to the commencement of construction to prepare for construction;
“offshore works” means Work Nos. 1 to 11 and any related associated development in
connection with those works and ancillary works described in Schedule 1 part 1 and Schedule 1
part 2 of the Order respectively;
“the Order” means the Outer Dowsing Offshore Wind Farm Order 2026;
“outline marine archaeological written scheme of investigation” means the document certified
as the outline marine archaeological written scheme of investigation by the Secretary of State
for the purposes of the Order under article 40;
“outline offshore operations and maintenance plan” means the document certified as the outline
offshore operations and maintenance plan by the Secretary of State for the purposes of the
Order under article 40;
“outline marine mammal mitigation protocol (piling)” means the document certified as the
outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes
of this Order under article 40;
“pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure steel
jacket foundations;
“pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which
is fixed to the seabed at three or more points with steel pin piles and associated equipment
including scour protection, J-tubes, corrosion protection systems and access platform(s) and
equipment;
“SAC” means special area of conservation;
“statutory nature conservation body” means the appropriate nature conservation body as
defined in regulation 5 of the 2017 Regulations;
“suction bucket” means large diameter steel cylindrical shells which penetrate the seabed
assisted by a hydrostatic pressure differential for securing steel jacket foundations;
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“suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel
which is fixed to the seabed at three or more points with steel suction buckets and associated
equipment including scour protection, J-tubes, corrosion protection systems and access
platform(s) and equipment;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“undertaker” means GT R4 Limited (company number 13281221);
“vessel” means every description of vessel, however propelled or moved, and includes a non-
displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil
vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted
for movement through, in, on or over water and which is at the time in, on or over water;
“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton,
Somerset, TA1 2DN; and
“works plans” means the plans certified as the works plans onshore and works plans offshore
by the Secretary of State for the purposes of the Order under article 40 (certification of plans
etc.).
(2) 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 coordinates are taken to be latitude and longitude degrees and minutes to two decimal
places.
(4) Except where otherwise notified in writing by the relevant organisation, the primary point of
contact with the organisations listed below and the address for returns and correspondence are—
(a) Marine Management Organisation
Marine Licensing Team
Tyneside House
Skinnerburn Road
Newcastle upon Tyne
NE4 7AR
Tel: 0300 123 1032;
(b) Marine Management Organisation (local office)
CEFAS (Centre for Environment, Fisheries and Aquaculture Science) Building
Pakefield Road
Lowestoft
NR33 0HT
Tel: 0208 026 6094;
(c) Trinity House
Tower Hill
London
EC3N 4DH
Tel: 020 7481 6900;
(d) The United Kingdom Hydrographic Office
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Admiralty Way
Taunton
Somerset
TA1 2DN
Tel: 01823 337 900;
(e) Maritime and Coastguard Agency
UK Technical Services Navigation
Spring Place 105 Commercial Road
Southampton
SO15 1EG
Tel: 020 3817 2426/2433
Email: navigationsafety@mcga.gov.uk;
(f) Natural England
4th Floor, Foss House
1-2 Peasholme Green
York
YO1 7PX
Tel: 0300 060 3900;
(g) Historic England
The Foundry
82 Granville Street
Birmingham
B1 2LH
Tel: 0121 625 6888.
2. Subject to the licence conditions at Part 2, 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—
(a) the deposit at sea of the substances and articles specified in paragraph 4 below;
(b) the construction of works in or over the sea or on or under the sea bed;
(c) dredging for the purposes of seabed preparation for foundation works;
(d) debris clearance works;
(e) boulder clearance works either by displacement ploughing or subsea grab technique or
other equivalent method;
(f) the removal of out of service cables;
(g) the removal of sediment samples for the purposes of informing environmental monitoring
under this licence during pre-construction, construction and operation;
(h) removal of static fishing gear; and
(i) the disposal of up to 36,300 cubic metres of inert material of natural origin and/or dredged
material within the offshore Order limits produced during construction drilling or seabed
preparation for foundation works at disposal site reference(s) to be provided in writing by
the MMO within the extent of the Order limits seaward of MHWS.
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3. Such activities are authorised in relation to the construction, maintenance and operation of—
Work No. 8— a temporary work area associated with Work No. 9 for vessels to carry out anchoring
and positioning, and for the wet storage of construction materials;
Work No. 9— an offshore artificial nesting structure;
In connection with such Work Nos. 8 and 9 and to the extent that they do not otherwise form part of
any such work, further associated development within the meaning of section 115(2) (development
for which development consent may be granted) of the 2008 Act comprising such other works as may
be necessary or expedient for the purposes of or in connection with the relevant part of the authorised
scheme and which fall within the scope of the work assessed by the environmental statement and
the provisions of this licence including—
(a) scour protection around the foundations of the offshore artificial nesting structure;
(b) dredging;
(c) the removal of material from the seabed required for the construction of Work Nos. 9 and
the disposal of inert material of natural origin and dredged material within the Order limits
produced during construction drilling and seabed preparation for foundation works; and
(d) removal of static fishing equipment.
In connection with such Work Nos. 8 and 9, ancillary works within the Order limits which have
been subject to an environmental impact assessment recorded in the environmental statement
comprising—
(a) temporary landing places, moorings or other means of accommodating or anchoring
vessels in the construction and/or maintenance of the authorised scheme; and
(b) marking buoys, beacons, fenders and other navigational warning or ship impact protection
works.
4. The substances or articles authorised for deposit at sea are—
(a) iron and steel, copper and aluminium;
(b) stone and rock;
(c) concrete and grout;
(d) sand and gravel;
(e) plastic and synthetic;
(f) material extracted from within the offshore Order limits during construction drilling and
seabed preparation for foundation works;
(g) weights used for the calibration of vessels, consisting of a hessian sack, metal shackles
or chains; and
(h) marine coatings, other chemicals and timber.
5. The grid coordinates for the authorised scheme are specified below—
Point Latitude Longitude
415 53° 45′ 33.891″ N 001° 00′ 32.907″ E
416 53° 45′ 4.594″ N 001° 03′ 26.056″ E
417 53° 44′ 36.965″ N 001° 01′ 37.843″ E
418 53° 43′ 49.104″ N 000° 59′ 30.164″ E
419 53° 42′ 55.282″ N 000° 57′ 43.981″ E
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Point Latitude Longitude
420 53° 41′ 29.957″ N 000° 56′ 3.720″ E
421 53° 40′ 23.371″ N 000° 54′ 7.750″ E
422 53° 40′ 29.385″ N 000° 52′ 22.939″ E
423 53° 40′ 36.281″ N 000° 51′ 30.886″ E
424 53° 45′ 43.118″ N 000° 51′ 54.642″ E
425 53° 45′ 14.743″ N 000° 54′ 25.985″ E
426 53° 45′ 27.752″ N 000° 55′ 46.378″ E
427 53° 45′ 58.939″ N 000° 55′ 49.294″ E
428 53° 46′ 23.766″ N 000° 57′ 46.036″ E
430 53° 45′ 6.151″ N 000° 56′ 50.100″ E
431 53° 45′ 28.354″ N 000° 57′ 29.801″ E
432 53° 45′ 51.883″ N 000° 56′ 52.331″ E
433 53° 45′ 29.676″ N 000° 56′ 12.629″ E
6. This licence remains in force until the authorised scheme has been decommissioned.
7. 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) and (8) relating to the transfer of the
licence only apply to a transfer not falling within article 5 (benefit of the Order).
8. With respect to any condition which requires the licensed activities be carried out in accordance
with the plans, protocols or statements approved under this licence, the approved details, plan or
scheme are taken to include any amendments that may subsequently be approved in writing by the
MMO.
9. Any amendments to the details, plan or scheme must be in accordance with the principles and
assessments set out in the environmental statement, and approval for an amendment may be given
only where it has been demonstrated to the satisfaction of the MMO that the amendment is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
PART 2
Conditions
Design parameters
10.—(1) The dimensions of the offshore artificial nesting structure forming part of the authorised
scheme must not exceed—
(a) 60 metres in height when measured from LAT;
(b) 23 metres in length; and
(c) 23 metres in width.
(2) The offshore artificial nesting structure foundation structures forming part of the authorised
scheme must be monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.
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(3) In respect of the offshore artificial nesting structure—
(a) no monopile foundation may have a diameter greater than eight metres;
(b) no gravity base structure foundation may have a diameter at the level of the seabed greater
than 50 metres;
(c) no pin pile jacket foundation forming part of the authorised scheme may—
(i)have a pin pile diameter of greater than five metres; or
(ii)employ more than four pin piles per jacket foundation;
(d) no suction bucket jacket foundation forming part of the authorised scheme may—
(i)have a suction bucket diameter of greater than ten metres; or
(ii)employ more than four suction buckets per jacket foundation;
(4) The total seabed footprint area for the offshore artificial nesting structure foundations must
not exceed—
(a) 2,000 square metres excluding scour protection; and
(b) 12,300 square metres including scour protection.
(5) The total number of offshore artificial nesting structures forming part of the authorised scheme
and the authorised schemes in licence 3 (northern artificial nesting structure 1) and/or licence 5
(southern artificial nesting structure 1) and/or licence 6 (southern artificial nesting structure 2) taken
together must not exceed two.
Maintenance of the authorised scheme
11.—(1) The undertaker may at any time maintain the authorised scheme, except to the extent
that this licence or an agreement made under this licence provides otherwise.
(2) No maintenance works whose likely effects are not assessed in the environmental statement
may be carried out, unless otherwise approved by the MMO.
(3) Maintenance works include but are not limited to—
(a) major offshore artificial nesting structure component replacement;
(b) offshore artificial nesting structure component repairs;
(c) painting and applying other coatings to the offshore artificial nesting structure;
(d) bird waste and marine growth removal; and
(e) access ladder and boat ladder replacement;
(4) Where the MMO’s approval is required under sub-paragraph (2), approval may be given only
where it has been demonstrated to the satisfaction of the MMO that the approval sought is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
Vessels under the undertaker’s control
12.—(1) The undertaker must issue to operators of vessels under its control operating within the
Order limits a code of conduct to prevent collision risk or injury to marine mammals.
(2) The undertaker must ensure appropriate co-ordination of vessels within its control operating
within the Order limits so as to reduce collision risk to other vessels including advisory safe passing
distances for vessels.
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Extension of time periods
13. Any time period given in this licence to either the undertaker or the MMO may be extended
with the agreement of the other party in writing such agreement not to be unreasonably withheld
or delayed.
Notification and Inspection
14.—(1) The undertaker must ensure that—
(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent
variations to it is provided to—
(i)all agents and contractors notified to the MMO in accordance with condition 13; and
(ii)the masters and offshore operations managers responsible for the vessels notified to
the MMO in accordance with condition 13;
(b) within 28 days of receipt of a copy of this licence those persons referred to in sub-
paragraph (a) above must confirm receipt of this licence in writing to the MMO.
(2) Only those persons and vessels notified to the MMO in accordance with condition 13 are
permitted to carry out the licensed activities.
(3) Copies of this licence must also be available for inspection at the following locations—
(a) the undertaker’s registered address;
(b) any site office located at or adjacent to the construction site and used by the undertaker
or its agents and contractors responsible for the loading, transportation or deposit of the
authorised deposits; and
(c) on board each vessel or at the office of any offshore operations manager with responsibility
for vessels from which authorised deposits or removals are to be made.
(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an
authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.
(5) The undertaker must provide access, and if necessary appropriate transportation, to the
offshore construction site or any other associated works or vessels to facilitate any inspection that the
MMO considers necessary to inspect the works during construction and operation of the authorised
scheme.
(6) The undertaker must inform the MMO Local Office in writing at least 14 days prior to
commencement of the licensed activities or any part of them, and within five days of completion
of the licensed activities.
(7) The Kingfisher Information Service of Seafish must be informed of details of the vessel
routes, timings and locations relating to the construction of the authorised scheme or part thereof
by including the information in a notice via the Kingfisher Service of Seafish portal (https://
kingfisherbulletin.org/submit-notice) and sent by email to kingfisher@seafish.co.uk—
(a) at least 14 days prior to the commencement of offshore activities, for inclusion in the
Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and
(b) as soon as reasonably practicable and no later than 24 hours after completion of
construction of the authorised scheme,
confirmation of notification must be provided to the MMO within five days.
(8) A notice to mariners must be issued at least 14 days prior to the commencement of the licensed
activities or any part of them advising of the start date of Work No. 9, and to the extent that they
are carried out under this licence, Work No. 8, and the expected vessel routes from the construction
ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UK
Hydrographic Office within five days.
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(9) The notices to mariners must be updated and reissued at weekly intervals during construction
activities and at least five days before any planned operations and maintenance works and
supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction
programme approved under condition 20(1)(b). Copies of all notices must be provided to the MMO
and UK Hydrographic Office within five days.
(10) The undertaker must notify the UK Hydrographic Office—
(a) of commencement of the licensed activities at least 14 days prior to commencement;
(b) of the progress of the licensed activities; and
(c) of completion of construction of the licensed activities within 14 days of completion,
in order that all necessary amendments to nautical charts are made and the undertaker must send a
copy of such notifications to the MMO and MCA within five days.
(11) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS
or any part thereof the undertaker must as soon as reasonably practicable and no later than 24 hours
following the undertaker becoming aware of any such damage, destruction or decay, notify MMO,
MCA, Trinity House, Kingfisher Information Service, the UK Hydrographic Office and regional
fisheries organisations.
Aids to navigation
15.—(1) The undertaker must during the whole period from commencement of the licensed
activities to completion of decommissioning seaward of MHWS exhibit such lights, marks, sounds,
signals and other aids to navigation, and take such other steps for the prevention of danger to
navigation as Trinity House may from time to time direct.
(2) The undertaker must during the period from the start of construction of the authorised scheme
to completion of decommissioning seaward of MHWS keep Trinity House and the MMO informed
of progress of the authorised scheme including the following—
(a) notice of commencement of construction of the authorised scheme within 24 hours of
commencement having occurred;
(b) notice within 24 hours of any aids to navigation being established by the undertaker; and
(c) notice within five days of completion of construction of the authorised scheme.
(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation
in accordance with the frequencies set out in the aids to navigation management plan approved
pursuant to condition 11(1)(h) using the reporting system provided by Trinity House.
(4) The undertaker must during the whole period from commencement of the licensed activities
to completion of decommissioning seaward of MHWS notify Trinity House and the MMO of any
failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as
possible and no later than 24 hours following the undertaker becoming aware of any such failure.
(5) In the event that the provisions of condition 14(11) are invoked, the undertaker must lay
down such buoys, exhibit such lights and take such other steps for preventing danger to navigation
as directed by Trinity House.
Colouring of structures
16.—(1) Except as otherwise required by Trinity House the undertaker must paint all structures
forming part of the authorised scheme yellow (colour code RAL 1023) from at least Highest
Astronomical Tide to a height as directed by Trinity House.
(2) Subject to sub-paragraph (1) above, unless the MMO otherwise directs, the undertaker must
ensure that the remainder of the structures are painted submarine grey (colour code RAL 7035).
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Chemicals, drilling and debris
17.—(1) Unless otherwise agreed in writing by the MMO, all chemicals and substances, including
paints and coatings, used below MHWS for the undertaking of the licensed activities must be
approved in writing by the MMO prior to use. Submission for approval to the MMO must take place
no later than ten weeks prior to use, unless otherwise agreed by the MMO in writing.
(2) The undertaker must ensure that any coatings/treatments are suitable for use in the marine
environment and are used in accordance with guidelines approved by Health and Safety Executive
and the Environment Agency Pollution Prevention Control Guidelines.
(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances
must be undertaken so as to prevent releases into the marine environment, including bunding of
110% of the total volume of all reservoirs and containers.
(4) The undertaker must inform the MMO of the location and quantities of material disposed
of each month under the Order, by submission of a disposal return by 15 February each year for
the months August to January inclusive, and by 15 August each year for the months February to
July inclusive.
(5) The undertaker must ensure that only inert material of natural origin, drilling mud and
dredged material, produced during the drilling installation of or seabed preparation for foundations
is disposed of within the disposal site reference(s) to be provided in writing by the MMO within the
extent of the Order limits seaward of MHWS. Any material of anthropogenic origin will be screened
out and disposed of at an appropriate waste facility onshore.
(6) The undertaker must ensure that any rock material used in the construction of the authorised
scheme is from a recognised source, free from contaminants and containing minimal fines.
(7) In the event that any rock material used in the construction of the authorised scheme is
misplaced or lost below MHWS, the undertaker must report the loss to the MMO Local Office
within 48 hours and if the MMO reasonably considers such material to constitute a navigation
or environmental hazard (dependent on the size and nature of the material) the undertaker must
endeavour to locate the material and recover it.
(8) The undertaker must ensure that no waste concrete slurry or wash water from concrete or
cement works are discharged into the marine environment. Concrete and cement mixing and washing
areas must be contained to prevent run off entering the water through the freeing ports.
(9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment
is reported to the MMO, Marine Pollution Response Team in accordance with the marine pollution
contingency plan approved under condition 20(1)(d)(i).
(10) Debris or dropped objects which are considered a danger or hazard to navigation must be
reported as soon as reasonably practicable but no later than six hours from the undertaker becoming
aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by
telephone (0344 382 0580), and the UK Hydrographic Office email: navwarnings@btconnect.com.
(11) All dropped objects including those in sub-paragraph (10), must be reported to the MMO
using the Dropped Object Procedure Form (including any updated form as provided by the MMO) as
soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware
of an incident, unless otherwise agreed in writing with the MMO.
(12) On receipt of notification or the Dropped Object Procedure Form the MMO may require
relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do
so and the MMO may require obstructions to be removed from the marine environment at the
undertaker’s expense if reasonable to do so.
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Notification of unauthorised deposits
18.—(1) If the master of a vessel determines that it is necessary to make an unauthorised
deposit within or outside of the Order limits because the safety of human life and/or of the vessel
is threatened, within 48 hours full details of the circumstances of the deposit must be notified to
the MMO.
(2) The unauthorised deposits must be removed at the expense of the undertaker unless written
approval is obtained from the MMO.
Aviation safety
19. The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14
days prior to the commencement of the licensed activities, in writing of the following information—
(a) the date of the commencement of construction of the licensed activities;
(b) the date the offshore artificial nesting structure is brought into use;
(c) the maximum height of any construction equipment to be used;
(d) the maximum heights of the offshore artificial nesting structure to be constructed; and
(e) the latitude and longitude of the offshore artificial nesting structure to be constructed,
and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the
information supplied under this paragraph and of the completion of the construction of the licensed
activities. Copies of notifications must be provided to the MMO within five days of the notification
to the Defence Infrastructure Organisation Safeguarding.
Pre-construction plans and documents
20.—(1) The licensed activities or any part of those activities must not commence until the
following (as relevant to that part) have been submitted to and approved in writing by the MMO—
(a) A design plan at a scale of between 1:25,000 and 1:50,000, including detailed
representation on the most suitably scaled admiralty chart, to be approved in writing by
the MMO in consultation with Trinity House, the MCA, UKHO and the relevant statutory
nature conservation body which shows—
(i)the proposed location and choice of foundation of the offshore artificial nesting
structure;
(ii)the grid coordinates of the centre point of the proposed location for the offshore
artificial nesting structure;
(iii)the dimensions of all foundations;
(iv)the proposed layout of the offshore artificial nesting structure to be constructed under
this licence; and
(v)any exclusion zones/environmental micrositing requirements;
to ensure conformity with the description of Work Nos. 8 and 9 and compliance with
conditions 1 to 9 above;
(b) A construction programme to include details of—
(i)the proposed construction start date;
(ii)proposed timings for mobilisation of plant delivery of materials and installation
works; and
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(iii)an indicative written construction programme for the offshore artificial nesting
structure comprised in the works at paragraph 3 of Part 1 (licensed marine activities)
of this licence (insofar as not shown in sub-paragraph (ii) above);
(c) A construction method statement in accordance with the construction methods assessed
in the environmental statement and including details of—
(i)foundation installation methodology, including drilling methods and disposal of drill
arisings and material extracted during seabed preparation for foundation works;
(ii)scour protection management including details of the need, type, sources, quantity
and installation methods for scour protection;
(iii)main contractors;
(iv)vessels and vessels transit corridors; and
(v)associated and ancillary works;
(d) A project environmental management plan in accordance with the outline project
environmental management plan covering the period of construction and operation to
include details of—
(i)a marine pollution contingency plan to address the risks, methods and procedures
to deal with any spills and collision incidents of the authorised scheme in relation
to all activities carried out;
(ii)a chemical risk assessment to include information regarding how and when
chemicals are to be used, stored and transported in accordance with recognised best
practice guidance;
(iii)waste management and disposal arrangements;
(iv)the appointment and responsibilities of a fisheries liaison officer; and
(v)a marine biosecurity plan detailing how the risk of introduction and spread of
invasive non-native species will be minimised;
(e) In the event that driven or part-driven pile foundations are proposed to be used, a marine
mammal mitigation protocol in accordance with the outline marine mammal mitigation
protocol (piling), the intention of which is to prevent injury to marine mammals, following
current best practice as advised by the relevant statutory nature conservation body, to be
submitted to the MMO at least six months prior to commencement of piling activities. The
marine mammal mitigation protocol must include deployment of noise mitigation systems
or noise abatement systems (or both) that will be utilised to manage sounds from those
piling activities. The marine mammal mitigation protocol must include full details and
justification for the mitigation chosen or excluded for deployment;
(f) An offshore operations and maintenance plan, in accordance with the outline offshore
operations and maintenance plan, to be submitted to the MMO at least three months prior
to commencement of operation of the licensed activities and to provide for review and
resubmission every five years during the operational phase;
(g) A written scheme of archaeological investigation in relation to the offshore Order limits
seaward of mean high water, which must be submitted to the statutory historic body at least
four months prior to commencement of the licensed activities and to the MMO at least
three months prior to commencement of the licensed activities and which must accord
with the outline marine archaeological written scheme of investigation and industry good
practice, in consultation with the statutory historic body to include—
(i)details of responsibilities of the undertaker, archaeological consultant and contractor;
(ii)a methodology for further site investigation including any specifications for
geophysical, geotechnical and diver or remotely operated vehicle investigations;
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(iii)archaeological analysis of survey data, and timetable for reporting, which is to be
submitted to the MMO within four months of any survey being completed;
(iv)delivery of any mitigation including, where necessary, identification and
modification of archaeological exclusion zones;
(v)monitoring of archaeological exclusion zones during and post construction, where
required;
(vi)a requirement for the undertaker to ensure that a copy of any agreed archaeological
report is deposited with the Archaeological Data Service, by submitting an OASIS
(Online Access to the Index of Archaeological Investigations) form with a digital
copy of the report within six months of completion of construction of the authorised
scheme, and to notify the MMO and Historic England that the OASIS form has been
submitted to the Archaeological Data Service within two weeks of submission;
(vii)a reporting and recording protocol, including reporting of any wreck or wreck
material during construction, operation and decommissioning of the authorised
scheme; and
(viii)a timetable for all further site investigations, which must allow sufficient opportunity
to establish a full understanding of the historic environment within the offshore
Order limits and the approval of any necessary mitigation required as a result of the
further site investigations prior to commencement of licensed activities;
(h) An aids to navigation management plan to be approved in writing by the MMO, following
consultation with Trinity House, to include details of how the undertaker will comply with
the provisions of condition 6 for the lifetime of the authorised scheme; and
(i) A biogenic reef mitigation plan in accordance with the outline biogenic reef mitigation
plan.
(2) In the event that driven or part-driven pile foundations are proposed to be used, the hammer
energy used to drive or part-drive the pile foundations must not exceed 3,500kJ.
(3) Pre-construction archaeological investigations and pre-commencement material operations
which involve intrusive seabed works must only take place in accordance with a specific written
scheme of archaeological investigation which is itself in accordance with the details set out in the
outline written scheme of investigation (offshore), and which has been submitted to and approved
by the MMO in consultation with the statutory historic body.
21.—(1) Each programme, statement, plan, protocol or scheme required to be approved
under condition 11 must be submitted for approval at least three months prior to the intended
commencement of licensed activities, except where otherwise stated or unless otherwise agreed in
writing by the MMO.
(2) No licensed activity may commence until for that licensed activity the MMO has approved
in writing any relevant programme, statement, plan, protocol or scheme required to be approved
under condition 11.
(3) Subject to sub-paragraph (5), the MMO must determine an application for approval made
under condition 11 within a period of three months commencing on the date the application is
received by the MMO, unless otherwise agreed in writing with the undertaker.
(4) The licensed activities must be carried out in accordance with the approved plans, protocols,
statements, schemes and details approved under condition 11, unless otherwise agreed in writing
by the MMO.
(5) Where an application for approval is made under condition 11(1)(e), the MMO must determine
the application for approval within a period of six months commencing on the date the application
is received by the MMO, unless otherwise agreed in writing with the undertaker.
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Reporting of engaged agents, contractors and vessels
22.—(1) The undertaker must provide the following information to the MMO, unless otherwise
agreed in writing by the MMO—
(a) the name, company number (if applicable), address and function of any agent, contractor
or subcontractor appointed to engage in the licensed activities not less than ten working
days prior to such agent or contractor commencing any licensed activity; and
(b) each week during the construction of the authorised scheme a completed Hydrographic
Note H102 listing the vessels currently and to be used in relation to the licensed activities,
including the master’s name, vessel type, vessel IMO number and vessel owner or
operating company.
(2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent,
contractor or vessel engaging in the licensed activities.
Reporting of impact pile driving
23.—(1) Only when driven or part-driven pile foundations are proposed to be used as part of the
foundation installation the undertaker must provide the following information to the Marine Noise
Registry—
(a) prior to the commencement of the licenced activities, information on the expected location,
start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward
Look requirements;
(b) at six month intervals following the commencement of pile driving, information on the
locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close
Out requirements; and
(c) within 12 weeks of completion of impact pile driving, information on the locations and
dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.
(2) The undertaker must notify the MMO of the successful submission of Forward Look or Close
Out data pursuant to sub-paragraph (1) above within 7 days of the submission.
(3) For the purpose of this condition—
(a) “Marine Noise Registry” means the database developed and maintained by JNCC on
behalf of Defra to record the spatial and temporal distribution of impulsive noise
generating activities in UK seas; and
(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise
Registry Information Document Version 1 (July 2015) or any updated information
document.
Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)
24.—(1) No piling activities can begin until a Site Integrity Plan (SIP), which accords with the
principles set out in the in principle Southern North Sea SAC Site Integrity Plan so far as relevant to
the authorised scheme, has been submitted to, and approved in writing, by the MMO in consultation
with the relevant statutory nature conservation body.
(2) The SIP submitted for approval must contain a description of the conservation objectives
for the Southern North Sea Special Area of Conservation (SNS SAC) as well as any relevant
management measures and it must set out the key statutory nature conservation body advice on
activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this
has been considered in the context of the authorised scheme.
(3) The SIP must be submitted to the MMO no later than six months prior to the commencement
of piling activities.
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(4) In approving the SIP the MMO must be satisfied that the authorised scheme at the pre-
construction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.
(5) The approved SIP may be amended with the prior written approval of the MMO, in
consultation with the relevant statutory nature conservation body, where the MMO remains satisfied
that the authorised scheme, in-combination with other plans or projects at the pre-construction stage,
is in line with the JNCC Guidance.
(6) The MMO must determine an application for approval made under condition 15 within a
period of six months commencing on the date the application is received by the MMO, unless
otherwise agreed in writing with the undertaker.
(7) The licensed activities must be carried out in accordance with the SIP approved under
condition 15, unless otherwise agreed in writing by the MMO.
Maintenance reporting
25.—(1) An annual maintenance report must be submitted to the MMO in writing within three
months following the first anniversary of the date of commencement of operations, and every year
thereafter until the permanent cessation of operation.
(2) The report must provide a record of the licensed activities as set out in condition 2 during the
preceding year, the timing of activities and methodologies used.
(3) Every fifth year, the undertaker must submit to the MMO in writing, within three months of
that date, a consolidated maintenance report, which will—
(a) include a review of licensed activities undertaken during the preceding five years with
reference to the reports submitted in accordance with condition 16(1) of this licence; and
(b) reconfirm the applicability of the methodologies and frequencies of the licensable
activities permitted by this licence for the remaining duration of this licence.
Piling restriction for spawning herring
26. No piling of any type is permitted between 1 September and 16 October each year, unless
otherwise approved in writing by the MMO.
SCHEDULE 14 Article 31
Deemed marine licence under the 2009 Act – southern artificial nesting structure 1
PART 1
Licensed marine activities
1.—(1) In this licence—
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 2009;
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;
“authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of
this licence;
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“authorised scheme” means Work Nos. 8 and 9 described in paragraph 3 of Part 1 of this licence
or any part of that work;
“buoy” means any floating device used for navigational purposes or measurement purposes,
including LiDAR buoys, wave buoys and guard buoys;
“commence” means the first carrying out of any licensed marine activities authorised by
this licence, save for operations consisting of offshore preparation works and the words
“commencement” and “commenced” must be construed accordingly;
“condition” means a condition in Part 2 of this licence;
“enforcement officer” means a person authorised to carry out enforcement duties under
Chapter 3 of Part 4 (marine licensing) of the 2009 Act;
“Environment Agency” means the non-departmental public body of that name created by
section 1 of the Environment Act 1995;
“environmental statement” means the document certified as the environmental statement by
the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.);
“gravity base structure” means a structure principally of steel, concrete, or steel and concrete
which rests on the seabed either due to its own weight with or without added ballast or
additional skirts and associated equipment including scour protection, J-tubes, corrosion
protection systems and access platforms and equipment;
“in principle Southern North Sea SAC Site Integrity Plan” means the document certified as
the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the
purposes of the Order under article 40 (certification of plans etc.);
“JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the
significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’
Joint Nature Conservation Committee Report No. 654, May 2020 published in June 2020 as
amended, updated or superseded from time to time;
“LAT” means lowest astronomical tide;
“licence 1 (generation)” means the licence set out in Schedule 10 (deemed marine licence
under the 2009 Act – offshore transmission assets);
“licence 2 (transmission)” means the licence set out in Schedule 11 (deemed marine licence
under the 2009 Act – offshore transmission assets);
“licence 3” means the licence set out in Schedule 12 (deemed marine licence under the 2009
Act – northern artificial nesting structure 1);
“licence 4” means the licence set out in Schedule 13 (deemed marine licence under the 2009
Act – northern artificial nesting structure 2);
“licence 6” means the licence set out in Schedule 15 (deemed marine licence under the 2009
Act – southern artificial nesting structure 2);
“licensed activities” means the activities specified in Part 1 of this licence;
“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove,
reconstruct and replace (including replenishment of cable protection), but does not include the
removal, reconstruction or replacement of foundations associated with the offshore works, to
the extent assessed in the environmental statement; and “maintenance” and any derivative of
maintain must be construed accordingly;
“Marine Management Organisation” or “MMO” means the body created under the 2009 Act
which is responsible for the monitoring and enforcement of this licence;
“MCA” means the Maritime and Coastguard Agency;
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“mean high water springs” or “MHWS” means the highest level which spring tides reach on
average over a period of time;
“offshore artificial nesting structure” means a structure attached to the seabed by means of a
foundation, providing nesting facilities for birds;
“offshore Order limits” means the limits shown on the works plans within which the authorised
scheme may be carried out;
“offshore preparation works” means surveys and monitoring seaward of MHWS undertaken
prior to the commencement of construction to prepare for construction;
“offshore works” means Work Nos. 1 to 11 and any related associated development in
connection with those works and ancillary works described in Schedule 1 part 1 and Schedule 1
part 2 of the Order respectively;
“the Order” means the Outer Dowsing Offshore Wind Farm Order 2026;
“outline marine archaeological written scheme of investigation” means the document certified
as the outline marine archaeological written scheme of investigation by the Secretary of State
for the purposes of the Order under article 40;
“outline offshore operations and maintenance plan” means the document certified as the outline
offshore operations and maintenance plan by the Secretary of State for the purposes of the
Order under article 40;
“outline marine mammal mitigation protocol (piling)” means the document certified as the
outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes
of this Order under article 40;
“pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure steel
jacket foundations;
“pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which
is fixed to the seabed at three or more points with steel pin piles and associated equipment
including scour protection, J-tubes, corrosion protection systems and access platform(s) and
equipment;
“SAC” means special area of conservation;
“statutory nature conservation body” means the appropriate nature conservation body as
defined in regulation 5 of the 2017 Regulations;
“suction bucket” means large diameter steel cylindrical shells which penetrate the seabed
assisted by a hydrostatic pressure differential for securing steel jacket foundations;
“suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel
which is fixed to the seabed at three or more points with steel suction buckets and associated
equipment including scour protection, J-tubes, corrosion protection systems and access
platform(s) and equipment;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“undertaker” means GT R4 Limited (company number 13281221);
“vessel” means every description of vessel, however propelled or moved, and includes a non-
displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil
vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted
for movement through, in, on or over water and which is at the time in, on or over water;
“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton,
Somerset, TA1 2DN; and
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“works plans” means the plans certified as the works plans onshore and works plans offshore
by the Secretary of State for the purposes of the Order under article 40 (certification of plans
etc.).
(2) 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 coordinates are taken to be latitude and longitude degrees and minutes to two decimal
places.
(4) Except where otherwise notified in writing by the relevant organisation, the primary point of
contact with the organisations listed below and the address for returns and correspondence are—
(a) Marine Management Organisation
Marine Licensing Team
Tyneside House
Skinnerburn Road
Newcastle upon Tyne
NE4 7AR
Tel: 0300 123 1032;
(b) Marine Management Organisation (local office)
CEFAS (Centre for Environment, Fisheries and Aquaculture Science) Building
Pakefield Road
Lowestoft
NR33 0HT
Tel: 0208 026 6094;
(c) Trinity House
Tower Hill
London
EC3N 4DH
Tel: 020 7481 6900;
(d) The United Kingdom Hydrographic Office
Admiralty Way
Taunton
Somerset
TA1 2DN
Tel: 01823 337 900;
(e) Maritime and Coastguard Agency
UK Technical Services Navigation
Spring Place 105 Commercial Road
Southampton
SO15 1EG
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Tel: 020 3817 2426/2433
Email: navigationsafety@mcga.gov.uk;
(f) Natural England
4th Floor, Foss House
1-2 Peasholme Green
York
YO1 7PX
Tel: 0300 060 3900;
(g) Historic England
The Foundry
82 Granville Street
Birmingham
B1 2LH
Tel: 0121 625 6888.
2. Subject to the licence conditions at Part 2, 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—
(a) the deposit at sea of the substances and articles specified in paragraph 4 below;
(b) the construction of works in or over the sea or on or under the sea bed;
(c) dredging for the purposes of seabed preparation for foundation works;
(d) debris clearance works;
(e) boulder clearance works either by displacement ploughing or subsea grab technique or
other equivalent method;
(f) the removal of out of service cables;
(g) the removal of sediment samples for the purposes of informing environmental monitoring
under this licence during pre-construction, construction and operation;
(h) removal of static fishing gear; and
(i) the disposal of up to 36,300 cubic metres of inert material of natural origin and/or dredged
material within the offshore Order limits produced during construction drilling or seabed
preparation for foundation works at disposal site reference(s) to be provided in writing by
the MMO within the extent of the Order limits seaward of MHWS.
3. Such activities are authorised in relation to the construction, maintenance and operation of—
Work No. 8— a temporary work area associated with Work No. 9 for vessels to carry out anchoring
and positioning, and for the wet storage of construction materials;
Work No. 9— an offshore artificial nesting structure;
In connection with such Work Nos. 8 and 9 and to the extent that they do not otherwise form part of
any such work, further associated development within the meaning of section 115(2) (development
for which development consent may be granted) of the 2008 Act comprising such other works as may
be necessary or expedient for the purposes of or in connection with the relevant part of the authorised
scheme and which fall within the scope of the work assessed by the environmental statement and
the provisions of this licence including—
(a) scour protection around the foundations of the offshore artificial nesting structure;
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(b) dredging;
(c) the removal of material from the seabed required for the construction of Work Nos. 9 and
the disposal of inert material of natural origin and dredged material within the Order limits
produced during construction drilling and seabed preparation for foundation works; and
(d) removal of static fishing equipment.
In connection with such Work Nos. 8 and 9, ancillary works within the Order limits which have
been subject to an environmental impact assessment recorded in the environmental statement
comprising—
(a) temporary landing places, moorings or other means of accommodating or anchoring
vessels in the construction and/or maintenance of the authorised scheme; and
(b) marking buoys, beacons, fenders and other navigational warning or ship impact protection
works.
4. The substances or articles authorised for deposit at sea are—
(a) iron and steel, copper and aluminium;
(b) stone and rock;
(c) concrete and grout;
(d) sand and gravel;
(e) plastic and synthetic;
(f) material extracted from within the offshore Order limits during construction drilling and
seabed preparation for foundation works;
(g) weights used for the calibration of vessels, consisting of a hessian sack, metal shackles
or chains; and
(h) marine coatings, other chemicals and timber.
5. The grid coordinates for the authorised scheme are specified below—
Point Latitude Longitude
72 53° 23’ 28.968″ N 001° 36’ 50.876″ E
73 53° 24′ 16.718″ N 001° 36′ 29.872″ E
74 53° 25′ 20.282″ N 001° 40′ 32.493″ E
75 53° 26′ 57.794″ N 001° 43′ 24.853″ E
76 53° 27′ 49.898″ N 001° 44′ 31.828″ E
77 53° 29′ 41.527″ N 001° 45′ 49.905″ E
78 53° 30′ 58.889″ N 001° 46′ 11.727″ E
79 53° 32′ 26.981″ N 001° 46′ 26.029″ E
80 53° 29′ 31.665″ N 001° 50′ 59.277″ E
81 53° 28′ 40.456″ N 001° 50′ 35.937″ E
82 53° 28′ 15.252″ N 001° 49′ 10.015″ E
83 53° 27′ 55.714″ N 001° 48′ 37.205″ E
84 53° 27′ 22.142″ N 001° 48′ 29.033″ E
85 53° 26′ 51.166″ N 001° 48′ 21.158″ E
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Point Latitude Longitude
86 53° 26′ 12.576″ N 001° 48′ 8.060″ E
87 53° 25′ 38.653″ N 001° 48′ 8.593″ E
6. This licence remains in force until the authorised scheme has been decommissioned.
7. 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) and (8) relating to the transfer of the
licence only apply to a transfer not falling within article 5 (benefit of the Order).
8. With respect to any condition which requires the licensed activities be carried out in accordance
with the plans, protocols or statements approved under this licence, the approved details, plan or
scheme are taken to include any amendments that may subsequently be approved in writing by the
MMO.
9. Any amendments to the details, plan or scheme must be in accordance with the principles and
assessments set out in the environmental statement, and approval for an amendment may be given
only where it has been demonstrated to the satisfaction of the MMO that the amendment is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
PART 2
Conditions
Design parameters
10.—(1) The dimensions of the offshore artificial nesting structure forming part of the authorised
scheme must not exceed—
(a) 60 metres in height when measured from LAT;
(b) 23 metres in length; and
(c) 23 metres in width.
(2) The offshore artificial nesting structure foundation structures forming part of the authorised
scheme must be monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.
(3) In respect of the offshore artificial nesting structure—
(a) no monopile foundation may have a diameter greater than eight metres;
(b) no gravity base structure foundation may have a diameter at the level of the seabed greater
than 50 metres;
(c) no pin pile jacket foundation forming part of the authorised scheme may—
(i)have a pin pile diameter of greater than five metres; or
(ii)employ more than four pin piles per jacket foundation;
(d) no suction bucket jacket foundation forming part of the authorised scheme may—
(i)have a suction bucket diameter of greater than ten metres; or
(ii)employ more than four suction buckets per jacket foundation;
(4) The total seabed footprint area for the offshore artificial nesting structure foundations must
not exceed—
(a) 2,000 square metres excluding scour protection; and
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(b) 12,300 square metres including scour protection.
(5) The total number of offshore artificial nesting structures forming part of the authorised scheme
and the authorised schemes in licence 3 (northern artificial nesting structure 1) and/or licence 4
(northern artificial nesting structure 2) and/or licence 6 (southern artificial nesting structure 2) taken
together must not exceed two.
Maintenance of the authorised scheme
11.—(1) The undertaker may at any time maintain the authorised scheme, except to the extent
that this licence or an agreement made under this licence provides otherwise.
(2) No maintenance works whose likely effects are not assessed in the environmental statement
may be carried out, unless otherwise approved by the MMO.
(3) Maintenance works include but are not limited to—
(a) major offshore artificial nesting structure component replacement;
(b) offshore artificial nesting structure component repairs;
(c) painting and applying other coatings to the offshore artificial nesting structure;
(d) bird waste and marine growth removal; and
(e) access ladder and boat ladder replacement;
(4) Where the MMO’s approval is required under sub-paragraph (2), approval may be given only
where it has been demonstrated to the satisfaction of the MMO that the approval sought is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
Vessels under the undertaker’s control
12.—(1) The undertaker must issue to operators of vessels under its control operating within the
Order limits a code of conduct to prevent collision risk or injury to marine mammals.
(2) The undertaker must ensure appropriate co-ordination of vessels within its control operating
within the Order limits so as to reduce collision risk to other vessels including advisory safe passing
distances for vessels.
Extension of time periods
13. Any time period given in this licence to either the undertaker or the MMO may be extended
with the agreement of the other party in writing such agreement not to be unreasonably withheld
or delayed.
Notification and Inspection
14.—(1) The undertaker must ensure that—
(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent
variations to it is provided to—
(i)all agents and contractors notified to the MMO in accordance with condition 13; and
(ii)the masters and offshore operations managers responsible for the vessels notified to
the MMO in accordance with condition 13;
(b) within 28 days of receipt of a copy of this licence those persons referred to in sub-
paragraph (a) above must confirm receipt of this licence in writing to the MMO.
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(2) Only those persons and vessels notified to the MMO in accordance with condition 13 are
permitted to carry out the licensed activities.
(3) Copies of this licence must also be available for inspection at the following locations—
(a) the undertaker’s registered address;
(b) any site office located at or adjacent to the construction site and used by the undertaker
or its agents and contractors responsible for the loading, transportation or deposit of the
authorised deposits; and
(c) on board each vessel or at the office of any offshore operations manager with responsibility
for vessels from which authorised deposits or removals are to be made.
(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an
authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.
(5) The undertaker must provide access, and if necessary appropriate transportation, to the
offshore construction site or any other associated works or vessels to facilitate any inspection that the
MMO considers necessary to inspect the works during construction and operation of the authorised
scheme.
(6) The undertaker must inform the MMO Local Office in writing at least 14 days prior to
commencement of the licensed activities or any part of them, and within five days of completion
of the licensed activities.
(7) The Kingfisher Information Service of Seafish must be informed of details of the vessel
routes, timings and locations relating to the construction of the authorised scheme or part thereof
by including the information in a notice via the Kingfisher Service of Seafish portal (https://
kingfisherbulletin.org/submit-notice) and sent by email to kingfisher@seafish.co.uk—
(a) at least 14 days prior to the commencement of offshore activities, for inclusion in the
Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and
(b) as soon as reasonably practicable and no later than 24 hours after completion of
construction of the authorised scheme,
confirmation of notification must be provided to the MMO within five days.
(8) A notice to mariners must be issued at least 14 days prior to the commencement of the licensed
activities or any part of them advising of the start date of Work No. 9, and to the extent that they
are carried out under this licence, Work No. 8, and the expected vessel routes from the construction
ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UK
Hydrographic Office within five days.
(9) The notices to mariners must be updated and reissued at weekly intervals during construction
activities and at least five days before any planned operations and maintenance works and
supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction
programme approved under condition 20(1)(b). Copies of all notices must be provided to the MMO
and UK Hydrographic Office within five days.
(10) The undertaker must notify the UK Hydrographic Office—
(a) of commencement of the licensed activities at least 14 days prior to commencement;
(b) of the progress of the licensed activities; and
(c) of completion of construction of the licensed activities within 14 days of completion,
in order that all necessary amendments to nautical charts are made and the undertaker must send a
copy of such notifications to the MMO and MCA within five days.
(11) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS
or any part thereof the undertaker must as soon as reasonably practicable and no later than 24 hours
following the undertaker becoming aware of any such damage, destruction or decay, notify MMO,
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MCA, Trinity House, Kingfisher Information Service, the UK Hydrographic Office and regional
fisheries organisations.
Aids to navigation
15.—(1) The undertaker must during the whole period from commencement of the licensed
activities to completion of decommissioning seaward of MHWS exhibit such lights, marks, sounds,
signals and other aids to navigation, and take such other steps for the prevention of danger to
navigation as Trinity House may from time to time direct.
(2) The undertaker must during the period from the start of construction of the authorised scheme
to completion of decommissioning seaward of MHWS keep Trinity House and the MMO informed
of progress of the authorised scheme including the following—
(a) notice of commencement of construction of the authorised scheme within 24 hours of
commencement having occurred;
(b) notice within 24 hours of any aids to navigation being established by the undertaker; and
(c) notice within five days of completion of construction of the authorised scheme.
(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation
in accordance with the frequencies set out in the aids to navigation management plan approved
pursuant to condition 11(1)(h) using the reporting system provided by Trinity House.
(4) The undertaker must during the whole period from commencement of the licensed activities
to completion of decommissioning seaward of MHWS notify Trinity House and the MMO of any
failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as
possible and no later than 24 hours following the undertaker becoming aware of any such failure.
(5) In the event that the provisions of condition 14(11) are invoked, the undertaker must lay
down such buoys, exhibit such lights and take such other steps for preventing danger to navigation
as directed by Trinity House.
Colouring of structures
16.—(1) Except as otherwise required by Trinity House the undertaker must paint all structures
forming part of the authorised scheme yellow (colour code RAL 1023) from at least Highest
Astronomical Tide to a height as directed by Trinity House.
(2) Subject to sub-paragraph (1) above, unless the MMO otherwise directs, the undertaker must
ensure that the remainder of the structures are painted submarine grey (colour code RAL 7035).
Chemicals, drilling and debris
17.—(1) Unless otherwise agreed in writing by the MMO, all chemicals and substances, including
paints and coatings, used below MHWS for the undertaking of the licensed activities must be
approved in writing by the MMO prior to use. Submission for approval to the MMO must take place
no later than ten weeks prior to use, unless otherwise agreed by the MMO in writing.
(2) The undertaker must ensure that any coatings/treatments are suitable for use in the marine
environment and are used in accordance with guidelines approved by Health and Safety Executive
and the Environment Agency Pollution Prevention Control Guidelines.
(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances
must be undertaken so as to prevent releases into the marine environment, including bunding of
110% of the total volume of all reservoirs and containers.
(4) The undertaker must inform the MMO of the location and quantities of material disposed
of each month under the Order, by submission of a disposal return by 15 February each year for
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the months August to January inclusive, and by 15 August each year for the months February to
July inclusive.
(5) The undertaker must ensure that only inert material of natural origin, drilling mud and
dredged material, produced during the drilling installation of or seabed preparation for foundations
is disposed of within the disposal site reference(s) to be provided in writing by the MMO within the
extent of the Order limits seaward of MHWS. Any material of anthropogenic origin will be screened
out and disposed of at an appropriate waste facility onshore.
(6) The undertaker must ensure that any rock material used in the construction of the authorised
scheme is from a recognised source, free from contaminants and containing minimal fines.
(7) In the event that any rock material used in the construction of the authorised scheme is
misplaced or lost below MHWS, the undertaker must report the loss to the MMO Local Office
within 48 hours and if the MMO reasonably considers such material to constitute a navigation
or environmental hazard (dependent on the size and nature of the material) the undertaker must
endeavour to locate the material and recover it.
(8) The undertaker must ensure that no waste concrete slurry or wash water from concrete or
cement works are discharged into the marine environment. Concrete and cement mixing and washing
areas must be contained to prevent run off entering the water through the freeing ports.
(9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment
is reported to the MMO, Marine Pollution Response Team in accordance with the marine pollution
contingency plan approved under condition 20(1)(d)(i).
(10) Debris or dropped objects which are considered a danger or hazard to navigation must be
reported as soon as reasonably practicable but no later than six hours from the undertaker becoming
aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by
telephone (0344 382 0580), and the UK Hydrographic Office email: navwarnings@btconnect.com.
(11) All dropped objects including those in sub-paragraph (10), must be reported to the MMO
using the Dropped Object Procedure Form (including any updated form as provided by the MMO) as
soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware
of an incident, unless otherwise agreed in writing with the MMO.
(12) On receipt of notification or the Dropped Object Procedure Form the MMO may require
relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do
so and the MMO may require obstructions to be removed from the marine environment at the
undertaker’s expense if reasonable to do so.
Notification of unauthorised deposits
18.—(1) If the master of a vessel determines that it is necessary to make an unauthorised
deposit within or outside of the Order limits because the safety of human life and/or of the vessel
is threatened, within 48 hours full details of the circumstances of the deposit must be notified to
the MMO.
(2) The unauthorised deposits must be removed at the expense of the undertaker unless written
approval is obtained from the MMO.
Aviation safety
19. The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14
days prior to the commencement of the licensed activities, in writing of the following information—
(a) the date of the commencement of construction of the licensed activities;
(b) the date the offshore artificial nesting structure is brought into use;
(c) the maximum height of any construction equipment to be used;
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(d) the maximum heights of the offshore artificial nesting structure to be constructed; and
(e) the latitude and longitude of the offshore artificial nesting structure to be constructed,
and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the
information supplied under this paragraph and of the completion of the construction of the licensed
activities. Copies of notifications must be provided to the MMO within five days of the notification
to the Defence Infrastructure Organisation Safeguarding.
Pre-construction plans and documents
20.—(1) The licensed activities or any part of those activities must not commence until the
following (as relevant to that part) have been submitted to and approved in writing by the MMO—
(a) A design plan at a scale of between 1:25,000 and 1:50,000, including detailed
representation on the most suitably scaled admiralty chart, to be approved in writing by
the MMO in consultation with Trinity House, the MCA, UKHO and the relevant statutory
nature conservation body which shows—
(i)the proposed location and choice of foundation of the offshore artificial nesting
structure;
(ii)the grid coordinates of the centre point of the proposed location for the offshore
artificial nesting structure;
(iii)the dimensions of all foundations;
(iv)the proposed layout of the offshore artificial nesting structure to be constructed under
this licence; and
(v)any exclusion zones/environmental micrositing requirements;
to ensure conformity with the description of Work Nos. 8 and 9 and compliance with
conditions 1 to 9 above;
(b) A construction programme to include details of—
(i)the proposed construction start date;
(ii)proposed timings for mobilisation of plant delivery of materials and installation
works; and
(iii)an indicative written construction programme for the offshore artificial nesting
structure comprised in the works at paragraph 3 of Part 1 (licensed marine activities)
of this licence (insofar as not shown in sub-paragraph (ii) above);
(c) A construction method statement in accordance with the construction methods assessed
in the environmental statement and including details of—
(i)foundation installation methodology, including drilling methods and disposal of drill
arisings and material extracted during seabed preparation for foundation works;
(ii)scour protection management including details of the need, type, sources, quantity
and installation methods for scour protection;
(iii)main contractors;
(iv)vessels and vessels transit corridors; and
(v)associated and ancillary works;
(d) A project environmental management plan in accordance with the outline project
environmental management plan covering the period of construction and operation to
include details of—
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(i)a marine pollution contingency plan to address the risks, methods and procedures
to deal with any spills and collision incidents of the authorised scheme in relation
to all activities carried out;
(ii)a chemical risk assessment to include information regarding how and when
chemicals are to be used, stored and transported in accordance with recognised best
practice guidance;
(iii)waste management and disposal arrangements;
(iv)the appointment and responsibilities of a fisheries liaison officer; and
(v)a marine biosecurity plan detailing how the risk of introduction and spread of
invasive non-native species will be minimised;
(e) In the event that driven or part-driven pile foundations are proposed to be used, a marine
mammal mitigation protocol in accordance with the outline marine mammal mitigation
protocol (piling), the intention of which is to prevent injury to marine mammals, following
current best practice as advised by the relevant statutory nature conservation body, to be
submitted to the MMO at least six months prior to commencement of piling activities. The
marine mammal mitigation protocol must include deployment of noise mitigation systems
or noise abatement systems (or both) that will be utilised to manage sounds from those
piling activities. The marine mammal mitigation protocol must include full details and
justification for the mitigation chosen or excluded for deployment;
(f) An offshore operations and maintenance plan, in accordance with the outline offshore
operations and maintenance plan, to be submitted to the MMO at least three months prior
to commencement of operation of the licensed activities and to provide for review and
resubmission every five years during the operational phase;
(g) A written scheme of archaeological investigation in relation to the offshore Order limits
seaward of mean high water, which must be submitted to the statutory historic body at least
four months prior to commencement of the licensed activities and to the MMO at least
three months prior to commencement of the licensed activities and which must accord
with the outline marine archaeological written scheme of investigation and industry good
practice, in consultation with the statutory historic body to include—
(i)details of responsibilities of the undertaker, archaeological consultant and contractor;
(ii)a methodology for further site investigation including any specifications for
geophysical, geotechnical and diver or remotely operated vehicle investigations;
(iii)archaeological analysis of survey data, and timetable for reporting, which is to be
submitted to the MMO within four months of any survey being completed;
(iv)delivery of any mitigation including, where necessary, identification and
modification of archaeological exclusion zones;
(v)monitoring of archaeological exclusion zones during and post construction, where
required;
(vi)a requirement for the undertaker to ensure that a copy of any agreed archaeological
report is deposited with the Archaeological Data Service, by submitting an OASIS
(Online AccesS to the Index of archaeological investigationS) form with a digital
copy of the report within six months of completion of construction of the authorised
scheme, and to notify the MMO and Historic England that the OASIS form has been
submitted to the Archaeological Data Service within two weeks of submission;
(vii)a reporting and recording protocol, including reporting of any wreck or wreck
material during construction, operation and decommissioning of the authorised
scheme; and
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(viii)a timetable for all further site investigations, which must allow sufficient opportunity
to establish a full understanding of the historic environment within the offshore
Order limits and the approval of any necessary mitigation required as a result of the
further site investigations prior to commencement of licensed activities;
(h) An aids to navigation management plan to be approved in writing by the MMO, following
consultation with Trinity House, to include details of how the undertaker will comply with
the provisions of condition 6 for the lifetime of the authorised scheme; and
(i) A biogenic reef mitigation plan in accordance with the outline biogenic reef mitigation
plan.
(2) In the event that driven or part-driven pile foundations are proposed to be used, the hammer
energy used to drive or part-drive the pile foundations must not exceed 3,500kJ.
(3) Pre-construction archaeological investigations and pre-commencement material operations
which involve intrusive seabed works must only take place in accordance with a specific written
scheme of archaeological investigation which is itself in accordance with the details set out in the
outline written scheme of investigation (offshore), and which has been submitted to and approved
by the MMO in consultation with the statutory historic body.
21.—(1) Each programme, statement, plan, protocol or scheme required to be approved
under condition 11 must be submitted for approval at least three months prior to the intended
commencement of licensed activities, except where otherwise stated or unless otherwise agreed in
writing by the MMO.
(2) No licensed activity may commence until for that licensed activity the MMO has approved
in writing any relevant programme, statement, plan, protocol or scheme required to be approved
under condition 11.
(3) Subject to sub-paragraph (5), the MMO must determine an application for approval made
under condition 11 within a period of three months commencing on the date the application is
received by the MMO, unless otherwise agreed in writing with the undertaker.
(4) The licensed activities must be carried out in accordance with the approved plans, protocols,
statements, schemes and details approved under condition 11, unless otherwise agreed in writing
by the MMO.
(5) Where an application for approval is made under condition 11(1)(e), the MMO must determine
the application for approval within a period of six months commencing on the date the application
is received by the MMO, unless otherwise agreed in writing with the undertaker.
Reporting of engaged agents, contractors and vessels
22.—(1) The undertaker must provide the following information to the MMO, unless otherwise
agreed in writing by the MMO—
(a) the name, company number (if applicable), address and function of any agent, contractor
or subcontractor appointed to engage in the licensed activities not less than ten working
days prior to such agent or contractor commencing any licensed activity; and
(b) each week during the construction of the authorised scheme a completed Hydrographic
Note H102 listing the vessels currently and to be used in relation to the licensed activities,
including the master’s name, vessel type, vessel IMO number and vessel owner or
operating company.
(2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent,
contractor or vessel engaging in the licensed activities.
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Reporting of impact pile driving
23.—(1) Only when driven or part-driven pile foundations are proposed to be used as part of the
foundation installation the undertaker must provide the following information to the Marine Noise
Registry—
(a) prior to the commencement of the licenced activities, information on the expected location,
start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward
Look requirements;
(b) at six month intervals following the commencement of pile driving, information on the
locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close
Out requirements; and
(c) within 12 weeks of completion of impact pile driving, information on the locations and
dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.
(2) The undertaker must notify the MMO of the successful submission of Forward Look or Close
Out data pursuant to sub-paragraph (1) above within 7 days of the submission.
(3) For the purpose of this condition—
(a) “Marine Noise Registry” means the database developed and maintained by JNCC on
behalf of Defra to record the spatial and temporal distribution of impulsive noise
generating activities in UK seas; and
(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise
Registry Information Document Version 1 (July 2015) or any updated information
document.
Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)
24.—(1) No piling activities can begin until a Site Integrity Plan (SIP), which accords with the
principles set out in the in principle Southern North Sea SAC Site Integrity Plan so far as relevant to
the authorised scheme, has been submitted to, and approved in writing, by the MMO in consultation
with the relevant statutory nature conservation body.
(2) The SIP submitted for approval must contain a description of the conservation objectives
for the Southern North Sea Special Area of Conservation (SNS SAC) as well as any relevant
management measures and it must set out the key statutory nature conservation body advice on
activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this
has been considered in the context of the authorised scheme.
(3) The SIP must be submitted to the MMO no later than six months prior to the commencement
of piling activities.
(4) In approving the SIP the MMO must be satisfied that the authorised scheme at the pre-
construction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.
(5) The approved SIP may be amended with the prior written approval of the MMO, in
consultation with the relevant statutory nature conservation body, where the MMO remains satisfied
that the authorised scheme, in-combination with other plans or projects at the pre-construction stage,
is in line with the JNCC Guidance.
(6) The MMO must determine an application for approval made under condition 15 within a
period of four months commencing on the date the application is received by the MMO, unless
otherwise agreed in writing with the undertaker.
(7) The licensed activities must be carried out in accordance with the SIP approved under
condition 15, unless otherwise agreed in writing by the MMO.
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Maintenance reporting
25.—(1) An annual maintenance report must be submitted to the MMO in writing within three
months following the first anniversary of the date of commencement of operations, and every year
thereafter until the permanent cessation of operation.
(2) The report must provide a record of the licensed activities as set out in condition 2 during the
preceding year, the timing of activities and methodologies used.
(3) Every fifth year, the undertaker must submit to the MMO in writing, within three months of
that date, a consolidated maintenance report, which will—
(a) include a review of licensed activities undertaken during the preceding five years with
reference to the reports submitted in accordance with condition 16(1) of this licence; and
(b) reconfirm the applicability of the methodologies and frequencies of the licensable
activities permitted by this licence for the remaining duration of this licence.
SCHEDULE 15 Article 31
Deemed marine licence under the 2009 Act – southern artificial nesting structure 2
PART 1
Licensed marine activities
1.—(1) In this licence—
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 2009;
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;
“authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of
this licence;
“authorised scheme” means Work Nos. 8 and 9 described in paragraph 3 of Part 1 of this licence
or any part of that work;
“buoy” means any floating device used for navigational purposes or measurement purposes,
including LiDAR buoys, wave buoys and guard buoys;
“commence” means the first carrying out of any licensed marine activities authorised by
this licence, save for operations consisting of offshore preparation works and the words
“commencement” and “commenced” must be construed accordingly;
“condition” means a condition in Part 2 of this licence;
“enforcement officer” means a person authorised to carry out enforcement duties under
Chapter 3 of Part 4 (marine licensing) of the 2009 Act;
“Environment Agency” means the non-departmental public body of that name created by
section 1 of the Environment Act 1995;
“environmental statement” means the document certified as the environmental statement by
the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.);
“gravity base structure” means a structure principally of steel, concrete, or steel and concrete
which rests on the seabed either due to its own weight with or without added ballast or
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additional skirts and associated equipment including scour protection, J-tubes, corrosion
protection systems and access platforms and equipment;
“in principle Southern North Sea SAC Site Integrity Plan” means the document certified as
the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the
purposes of the Order under article 40 (certification of plans etc.);
“JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the
significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’
Joint Nature Conservation Committee Report No. 654, May 2020 published in June 2020 as
amended, updated or superseded from time to time;
“LAT” means lowest astronomical tide;
“licence 1 (generation)” means the licence set out in Schedule 10 (deemed marine licence
under the 2009 Act – offshore transmission assets);
“licence 2 (transmission)” means the licence set out in Schedule 11 (deemed marine licence
under the 2009 Act – offshore transmission assets);
“licence 3” means the licence set out in Schedule 12 (deemed marine licence under the 2009
Act – northern artificial nesting structure 1);
“licence 4” means the licence set out in Schedule 13 (deemed marine licence under the 2009
Act – northern artificial nesting structure 2);
“licence 5” means the licence set out in Schedule 14 (deemed marine licence under the 2009
Act – southern artificial nesting structure 1);
“licensed activities” means the activities specified in Part 1 of this licence;
“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove,
reconstruct and replace (including replenishment of cable protection), but does not include the
removal, reconstruction or replacement of foundations associated with the offshore works, to
the extent assessed in the environmental statement; and “maintenance” and any derivative of
maintain must be construed accordingly;
“Marine Management Organisation” or “MMO” means the body created under the 2009 Act
which is responsible for the monitoring and enforcement of this licence;
“MCA” means the Maritime and Coastguard Agency;
“mean high water springs” or “MHWS” means the highest level which spring tides reach on
average over a period of time;
“offshore artificial nesting structure” means a structure attached to the seabed by means of a
foundation, providing nesting facilities for birds;
“offshore Order limits” means the limits shown on the works plans within which the authorised
scheme may be carried out;
“offshore preparation works” means surveys and monitoring seaward of MHWS undertaken
prior to the commencement of construction to prepare for construction;
“offshore works” means Work Nos. 1 to 11 and any related associated development in
connection with those works and ancillary works described in Schedule 1 part 1 and Schedule 1
part 2 of the Order respectively;
“the Order” means the Outer Dowsing Offshore Wind Farm Order 2026;
“outline marine archaeological written scheme of investigation” means the document certified
as the outline marine archaeological written scheme of investigation by the Secretary of State
for the purposes of the Order under article 40;
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“outline offshore operations and maintenance plan” means the document certified as the outline
offshore operations and maintenance plan by the Secretary of State for the purposes of the
Order under article 40;
“outline marine mammal mitigation protocol (piling)” means the document certified as the
outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes
of this Order under article 40;
“pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure steel
jacket foundations;
“pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which
is fixed to the seabed at three or more points with steel pin piles and associated equipment
including scour protection, J-tubes, corrosion protection systems and access platform(s) and
equipment;
“SAC” means special area of conservation;
“statutory nature conservation body” means the appropriate nature conservation body as
defined in regulation 5 of the 2017 Regulations;
“suction bucket” means large diameter steel cylindrical shells which penetrate the seabed
assisted by a hydrostatic pressure differential for securing steel jacket foundations;
“suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel
which is fixed to the seabed at three or more points with steel suction buckets and associated
equipment including scour protection, J-tubes, corrosion protection systems and access
platform(s) and equipment;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“undertaker” means GT R4 Limited (company number 13281221);
“vessel” means every description of vessel, however propelled or moved, and includes a non-
displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil
vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted
for movement through, in, on or over water and which is at the time in, on or over water;
“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton,
Somerset, TA1 2DN; and
“works plans” means the plans certified as the works plans onshore and works plans offshore
by the Secretary of State for the purposes of the Order under article 40 (certification of plans
etc.).
(2) 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 coordinates are taken to be latitude and longitude degrees and minutes to two decimal
places.
(4) Except where otherwise notified in writing by the relevant organisation, the primary point of
contact with the organisations listed below and the address for returns and correspondence are—
(a) Marine Management Organisation
Marine Licensing Team
Tyneside House
Skinnerburn Road
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Newcastle upon Tyne
NE4 7AR
Tel: 0300 123 1032;
(b) Marine Management Organisation (local office)
CEFAS (Centre for Environment, Fisheries and Aquaculture Science) Building
Pakefield Road
Lowestoft
NR33 0HT
Tel: 0208 026 6094;
(c) Trinity House
Tower Hill
London
EC3N 4DH
Tel: 020 7481 6900;
(d) The United Kingdom Hydrographic Office
Admiralty Way
Taunton
Somerset
TA1 2DN
Tel: 01823 337 900;
(e) Maritime and Coastguard Agency
UK Technical Services Navigation
Spring Place 105 Commercial Road
Southampton
SO15 1EG
Tel: 020 3817 2426/2433
Email: navigationsafety@mcga.gov.uk;
(f) Natural England
4th Floor, Foss House
1-2 Peasholme Green
York
YO1 7PX
Tel: 0300 060 3900;
(g) Historic England
The Foundry
82 Granville Street
Birmingham
B1 2LH
Tel: 0121 625 6888.
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2. Subject to the licence conditions at Part 2, 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—
(a) the deposit at sea of the substances and articles specified in paragraph 4 below;
(b) the construction of works in or over the sea or on or under the sea bed;
(c) dredging for the purposes of seabed preparation for foundation works;
(d) debris clearance works;
(e) boulder clearance works either by displacement ploughing or subsea grab technique or
other equivalent method;
(f) the removal of out of service cables;
(g) the removal of sediment samples for the purposes of informing environmental monitoring
under this licence during pre-construction, construction and operation;
(h) removal of static fishing gear; and
(i) the disposal of up to 36,300 cubic metres of inert material of natural origin and/or dredged
material within the offshore Order limits produced during construction drilling or seabed
preparation for foundation works at disposal site reference(s) to be provided in writing by
the MMO within the extent of the Order limits seaward of MHWS.
3. Such activities are authorised in relation to the construction, maintenance and operation of—
Work No. 8— a temporary work area associated with Work No. 9 for vessels to carry out anchoring
and positioning, and for the wet storage of construction materials;
Work No. 9— an offshore artificial nesting structure;
In connection with such Work Nos. 8 and 9 and to the extent that they do not otherwise form part of
any such work, further associated development within the meaning of section 115(2) (development
for which development consent may be granted) of the 2008 Act comprising such other works as may
be necessary or expedient for the purposes of or in connection with the relevant part of the authorised
scheme and which fall within the scope of the work assessed by the environmental statement and
the provisions of this licence including—
(a) scour protection around the foundations of the offshore artificial nesting structure;
(b) dredging;
(c) the removal of material from the seabed required for the construction of Work Nos. 9 and
the disposal of inert material of natural origin and dredged material within the Order limits
produced during construction drilling and seabed preparation for foundation works; and
(d) removal of static fishing equipment.
In connection with such Work Nos. 8 and 9, ancillary works within the Order limits which have
been subject to an environmental impact assessment recorded in the environmental statement
comprising—
(a) temporary landing places, moorings or other means of accommodating or anchoring
vessels in the construction and/or maintenance of the authorised scheme; and
(b) marking buoys, beacons, fenders and other navigational warning or ship impact protection
works.
4. The substances or articles authorised for deposit at sea are—
(a) iron and steel, copper and aluminium;
(b) stone and rock;
(c) concrete and grout;
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(d) sand and gravel;
(e) plastic and synthetic;
(f) material extracted from within the offshore Order limits during construction drilling and
seabed preparation for foundation works;
(g) weights used for the calibration of vessels, consisting of a hessian sack, metal shackles
or chains; and
(h) marine coatings, other chemicals and timber.
5. The grid coordinates for the authorised scheme are specified below—
Point Latitude Longitude
72 53° 23′ 28.968″ N 001° 36′ 50.876″ E
73 53° 24′ 16.718″ N 001° 36′ 29.872″ E
74 53° 25′ 20.282″ N 001° 40′ 32.493″ E
75 53° 26′ 57.794″ N 001° 43′ 24.853″ E
76 53° 27′ 49.898″ N 001° 44′ 31.828″ E
77 53° 29′ 41.527″ N 001° 45′ 49.905″ E
78 53° 30′ 58.889″ N 001° 46′ 11.727″ E
79 53° 32′ 26.981″ N 001° 46′ 26.029″ E
80 53° 29′ 31.665″ N 001° 50′ 59.277″ E
81 53° 28′ 40.456″ N 001° 50′ 35.937″ E
82 53° 28′ 15.252″ N 001° 49′ 10.015″ E
83 53° 27′ 55.714″ N 001° 48′ 37.205″ E
84 53° 27′ 22.142″ N 001° 48′ 29.033″ E
85 53° 26′ 51.166″ N 001° 48′ 21.158″ E
86 53° 26′ 12.576″ N 001° 48′ 8.060″ E
87 53° 25′ 38.653″ N 001° 48′ 8.593″ E
6. This licence remains in force until the authorised scheme has been decommissioned.
7. 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) and (8) relating to the transfer of the
licence only apply to a transfer not falling within article 5 (benefit of the Order).
8. With respect to any condition which requires the licensed activities be carried out in accordance
with the plans, protocols or statements approved under this licence, the approved details, plan or
scheme are taken to include any amendments that may subsequently be approved in writing by the
MMO.
9. Any amendments to the details, plan or scheme must be in accordance with the principles and
assessments set out in the environmental statement, and approval for an amendment may be given
only where it has been demonstrated to the satisfaction of the MMO that the amendment is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
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PART 2
Conditions
Design parameters
10.—(1) The dimensions of the offshore artificial nesting structure forming part of the authorised
scheme must not exceed—
(a) 60 metres in height when measured from LAT;
(b) 23 metres in length; and
(c) 23 metres in width.
(2) The offshore artificial nesting structure foundation structures forming part of the authorised
scheme must be monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.
(3) In respect of the offshore artificial nesting structure—
(a) no monopile foundation may have a diameter greater than eight metres;
(b) no gravity base structure foundation may have a diameter at the level of the seabed greater
than 50 metres;
(c) no pin pile jacket foundation forming part of the authorised scheme may—
(i)have a pin pile diameter of greater than five metres; or
(ii)employ more than four pin piles per jacket foundation;
(d) no suction bucket jacket foundation forming part of the authorised scheme may—
(i)have a suction bucket diameter of greater than ten metres; or
(ii)employ more than four suction buckets per jacket foundation;
(4) The total seabed footprint area for the offshore artificial nesting structure foundations must
not exceed—
(a) 2,000 square metres excluding scour protection; and
(b) 12,300 square metres including scour protection.
(5) The total number of offshore artificial nesting structures forming part of the authorised scheme
and the authorised schemes in licence 3 (northern artificial nesting structure 1) and/or licence 4
(northern artificial nesting structure 2) and/or licence 5 (southern artificial nesting structure 1) taken
together must not exceed two.
Maintenance of the authorised scheme
11.—(1) The undertaker may at any time maintain the authorised scheme, except to the extent
that this licence or an agreement made under this licence provides otherwise.
(2) No maintenance works whose likely effects are not assessed in the environmental statement
may be carried out, unless otherwise approved by the MMO.
(3) Maintenance works include but are not limited to—
(a) major offshore artificial nesting structure component replacement;
(b) offshore artificial nesting structure component repairs;
(c) painting and applying other coatings to the offshore artificial nesting structure;
(d) bird waste and marine growth removal; and
(e) access ladder and boat ladder replacement.
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(4) Where the MMO’s approval is required under sub-paragraph (2), approval may be given only
where it has been demonstrated to the satisfaction of the MMO that the approval sought is unlikely
to give rise to any materially new or materially different environmental effects from those assessed
in the environmental statement.
Vessels under the undertaker’s control
12.—(1) The undertaker must issue to operators of vessels under its control operating within the
Order limits a code of conduct to prevent collision risk or injury to marine mammals.
(2) The undertaker must ensure appropriate co-ordination of vessels within its control operating
within the Order limits so as to reduce collision risk to other vessels including advisory safe passing
distances for vessels.
Extension of time periods
13. Any time period given in this licence to either the undertaker or the MMO may be extended
with the agreement of the other party in writing such agreement not to be unreasonably withheld
or delayed.
Notification and Inspection
14.—(1) The undertaker must ensure that—
(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent
variations to it is provided to—
(i)all agents and contractors notified to the MMO in accordance with condition 13; and
(ii)the masters and offshore operations managers responsible for the vessels notified to
the MMO in accordance with condition 13;
(b) within 28 days of receipt of a copy of this licence those persons referred to in sub-
paragraph (a) above must confirm receipt of this licence in writing to the MMO.
(2) Only those persons and vessels notified to the MMO in accordance with condition 13 are
permitted to carry out the licensed activities.
(3) Copies of this licence must also be available for inspection at the following locations—
(a) the undertaker’s registered address;
(b) any site office located at or adjacent to the construction site and used by the undertaker
or its agents and contractors responsible for the loading, transportation or deposit of the
authorised deposits; and
(c) on board each vessel or at the office of any offshore operations manager with responsibility
for vessels from which authorised deposits or removals are to be made.
(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an
authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.
(5) The undertaker must provide access, and if necessary appropriate transportation, to the
offshore construction site or any other associated works or vessels to facilitate any inspection that the
MMO considers necessary to inspect the works during construction and operation of the authorised
scheme.
(6) The undertaker must inform the MMO Local Office in writing at least 14 days prior to
commencement of the licensed activities or any part of them, and within five days of completion
of the licensed activities.
(7) The Kingfisher Information Service of Seafish must be informed of details of the vessel
routes, timings and locations relating to the construction of the authorised scheme or part thereof
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by including the information in a notice via the Kingfisher Service of Seafish portal (https://
kingfisherbulletin.org/submit-notice) and sent by email to kingfisher@seafish.co.uk—
(a) at least 14 days prior to the commencement of offshore activities, for inclusion in the
Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and
(b) as soon as reasonably practicable and no later than 24 hours after completion of
construction of the authorised scheme,
confirmation of notification must be provided to the MMO within five days.
(8) A notice to mariners must be issued at least 14 days prior to the commencement of the licensed
activities or any part of them advising of the start date of Work No. 9, and to the extent that they
are carried out under this licence, Work No. 8, and the expected vessel routes from the construction
ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UK
Hydrographic Office within five days.
(9) The notices to mariners must be updated and reissued at weekly intervals during construction
activities and at least five days before any planned operations and maintenance works and
supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction
programme approved under condition 20(1)(b). Copies of all notices must be provided to the MMO
and UK Hydrographic Office within five days.
(10) The undertaker must notify the UK Hydrographic Office—
(a) of commencement of the licensed activities at least 14 days prior to commencement;
(b) of the progress of the licensed activities; and
(c) of completion of construction of the licensed activities within 14 days of completion,
in order that all necessary amendments to nautical charts are made and the undertaker must send a
copy of such notifications to the MMO and MCA within five days.
(11) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS
or any part thereof the undertaker must as soon as reasonably practicable and no later than 24 hours
following the undertaker becoming aware of any such damage, destruction or decay, notify MMO,
MCA, Trinity House, Kingfisher Information Service, the UK Hydrographic Office and regional
fisheries organisations.
Aids to navigation
15.—(1) The undertaker must during the whole period from commencement of the licensed
activities to completion of decommissioning seaward of MHWS exhibit such lights, marks, sounds,
signals and other aids to navigation, and take such other steps for the prevention of danger to
navigation as Trinity House may from time to time direct.
(2) The undertaker must during the period from the start of construction of the authorised scheme
to completion of decommissioning seaward of MHWS keep Trinity House and the MMO informed
of progress of the authorised scheme including the following—
(a) notice of commencement of construction of the authorised scheme within 24 hours of
commencement having occurred;
(b) notice within 24 hours of any aids to navigation being established by the undertaker; and
(c) notice within five days of completion of construction of the authorised scheme.
(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation
in accordance with the frequencies set out in the aids to navigation management plan approved
pursuant to condition 11(1)(h) using the reporting system provided by Trinity House.
(4) The undertaker must during the whole period from commencement of the licensed activities
to completion of decommissioning seaward of MHWS notify Trinity House and the MMO of any
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failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as
possible and no later than 24 hours following the undertaker becoming aware of any such failure.
(5) In the event that the provisions of condition 14(11) are invoked, the undertaker must lay
down such buoys, exhibit such lights and take such other steps for preventing danger to navigation
as directed by Trinity House.
Colouring of structures
16.—(1) Except as otherwise required by Trinity House the undertaker must paint all structures
forming part of the authorised scheme yellow (colour code RAL 1023) from at least Highest
Astronomical Tide to a height as directed by Trinity House.
(2) Subject to sub-paragraph (1) above, unless the MMO otherwise directs, the undertaker must
ensure that the remainder of the structures are painted submarine grey (colour code RAL 7035).
Chemicals, drilling and debris
17.—(1) Unless otherwise agreed in writing by the MMO, all chemicals and substances, including
paints and coatings, used below MHWS for the undertaking of the licensed activities must be
approved in writing by the MMO prior to use. Submission for approval to the MMO must take place
no later than ten weeks prior to use, unless otherwise agreed by the MMO in writing.
(2) The undertaker must ensure that any coatings/treatments are suitable for use in the marine
environment and are used in accordance with guidelines approved by Health and Safety Executive
and the Environment Agency Pollution Prevention Control Guidelines.
(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances
must be undertaken so as to prevent releases into the marine environment, including bunding of
110% of the total volume of all reservoirs and containers.
(4) The undertaker must inform the MMO of the location and quantities of material disposed
of each month under the Order, by submission of a disposal return by 15 February each year for
the months August to January inclusive, and by 15 August each year for the months February to
July inclusive.
(5) The undertaker must ensure that only inert material of natural origin, drilling mud and
dredged material, produced during the drilling installation of or seabed preparation for foundations
is disposed of within the disposal site reference(s) to be provided in writing by the MMO within the
extent of the Order limits seaward of MHWS. Any material of anthropogenic origin will be screened
out and disposed of at an appropriate waste facility onshore.
(6) The undertaker must ensure that any rock material used in the construction of the authorised
scheme is from a recognised source, free from contaminants and containing minimal fines.
(7) In the event that any rock material used in the construction of the authorised scheme is
misplaced or lost below MHWS, the undertaker must report the loss to the MMO Local Office
within 48 hours and if the MMO reasonably considers such material to constitute a navigation
or environmental hazard (dependent on the size and nature of the material) the undertaker must
endeavour to locate the material and recover it.
(8) The undertaker must ensure that no waste concrete slurry or wash water from concrete or
cement works are discharged into the marine environment. Concrete and cement mixing and washing
areas must be contained to prevent run off entering the water through the freeing ports.
(9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment
is reported to the MMO, Marine Pollution Response Team in accordance with the marine pollution
contingency plan approved under condition 20(1)(d)(i).
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(10) Debris or dropped objects which are considered a danger or hazard to navigation must be
reported as soon as reasonably practicable but no later than six hours from the undertaker becoming
aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by
telephone (0344 382 0580), and the UK Hydrographic Office email: navwarnings@btconnect.com.
(11) All dropped objects including those in sub-paragraph (10), must be reported to the MMO
using the Dropped Object Procedure Form (including any updated form as provided by the MMO) as
soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware
of an incident, unless otherwise agreed in writing with the MMO.
(12) On receipt of notification or the Dropped Object Procedure Form the MMO may require
relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do
so and the MMO may require obstructions to be removed from the marine environment at the
undertaker’s expense if reasonable to do so.
Notification of unauthorised deposits
18.—(1) If the master of a vessel determines that it is necessary to make an unauthorised
deposit within or outside of the Order limits because the safety of human life and/or of the vessel
is threatened, within 48 hours full details of the circumstances of the deposit must be notified to
the MMO.
(2) The unauthorised deposits must be removed at the expense of the undertaker unless written
approval is obtained from the MMO.
Aviation safety
19. The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14
days prior to the commencement of the licensed activities, in writing of the following information—
(a) the date of the commencement of construction of the licensed activities;
(b) the date the offshore artificial nesting structure is brought into use;
(c) the maximum height of any construction equipment to be used;
(d) the maximum heights of the offshore artificial nesting structure to be constructed; and
(e) the latitude and longitude of the offshore artificial nesting structure to be constructed,
and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the
information supplied under this paragraph and of the completion of the construction of the licensed
activities. Copies of notifications must be provided to the MMO within five days of the notification
to the Defence Infrastructure Organisation Safeguarding.
Pre-construction plans and documents
20.—(1) The licensed activities or any part of those activities must not commence until the
following (as relevant to that part) have been submitted to and approved in writing by the MMO—
(a) A design plan at a scale of between 1:25,000 and 1:50,000, including detailed
representation on the most suitably scaled admiralty chart, to be approved in writing by
the MMO in consultation with Trinity House, the MCA, UKHO and the relevant statutory
nature conservation body which shows—
(i)the proposed location and choice of foundation of the offshore artificial nesting
structure;
(ii)the grid coordinates of the centre point of the proposed location for the offshore
artificial nesting structure;
(iii)the dimensions of all foundations;
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(iv)the proposed layout of the offshore artificial nesting structure to be constructed under
this licence; and
(v)any exclusion zones/environmental micrositing requirements;
to ensure conformity with the description of Work Nos. 8 and 9 and compliance with
conditions 1 to 9 above.
(b) A construction programme to include details of—
(i)the proposed construction start date;
(ii)proposed timings for mobilisation of plant delivery of materials and installation
works; and
(iii)an indicative written construction programme for the offshore artificial nesting
structure comprised in the works at paragraph 3 of Part 1 (licensed marine activities)
of this licence (insofar as not shown in sub-paragraph (ii) above);
(c) A construction method statement in accordance with the construction methods assessed
in the environmental statement and including details of—
(i)foundation installation methodology, including drilling methods and disposal of drill
arisings and material extracted during seabed preparation for foundation works;
(ii)scour protection management including details of the need, type, sources, quantity
and installation methods for scour protection;
(iii)main contractors;
(iv)vessels and vessels transit corridors; and
(v)associated and ancillary works;
(d) A project environmental management plan in accordance with the outline project
environmental management plan covering the period of construction and operation to
include details of—
(i)a marine pollution contingency plan to address the risks, methods and procedures
to deal with any spills and collision incidents of the authorised scheme in relation
to all activities carried out;
(ii)a chemical risk assessment to include information regarding how and when
chemicals are to be used, stored and transported in accordance with recognised best
practice guidance;
(iii)waste management and disposal arrangements;
(iv)the appointment and responsibilities of a fisheries liaison officer; and
(v)a marine biosecurity plan detailing how the risk of introduction and spread of
invasive non-native species will be minimised;
(e) In the event that driven or part-driven pile foundations are proposed to be used, a marine
mammal mitigation protocol in accordance with the outline marine mammal mitigation
protocol (piling), the intention of which is to prevent injury to marine mammals, following
current best practice as advised by the relevant statutory nature conservation body, to be
submitted to the MMO at least six months prior to commencement of piling activities. The
marine mammal mitigation protocol must include deployment of noise mitigation systems
or noise abatement systems (or both) that will be utilised to manage sounds from those
piling activities. The marine mammal mitigation protocol must include full details and
justification for the mitigation chosen or excluded for deployment;
(f) An offshore operations and maintenance plan, in accordance with the outline offshore
operations and maintenance plan, to be submitted to the MMO at least three months prior
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to commencement of operation of the licensed activities and to provide for review and
resubmission every five years during the operational phase;
(g) A written scheme of archaeological investigation in relation to the offshore Order limits
seaward of mean high water, which must be submitted to the statutory historic body at least
four months prior to commencement of the licensed activities and to the MMO at least
three months prior to commencement of the licensed activities and which must accord
with the outline marine archaeological written scheme of investigation and industry good
practice, in consultation with the statutory historic body to include—
(i)details of responsibilities of the undertaker, archaeological consultant and contractor;
(ii)a methodology for further site investigation including any specifications for
geophysical, geotechnical and diver or remotely operated vehicle investigations;
(iii)archaeological analysis of survey data, and timetable for reporting, which is to be
submitted to the MMO within four months of any survey being completed;
(iv)delivery of any mitigation including, where necessary, identification and
modification of archaeological exclusion zones;
(v)monitoring of archaeological exclusion zones during and post construction, where
required;
(vi)a requirement for the undertaker to ensure that a copy of any agreed archaeological
report is deposited with the Archaeological Data Service, by submitting an OASIS
(Online Access to the Index of Archaeological Investigations) form with a digital
copy of the report within six months of completion of construction of the authorised
scheme, and to notify the MMO and Historic England that the OASIS form has been
submitted to the Archaeological Data Service within two weeks of submission;
(vii)a reporting and recording protocol, including reporting of any wreck or wreck
material during construction, operation and decommissioning of the authorised
scheme; and
(viii)a timetable for all further site investigations, which must allow sufficient opportunity
to establish a full understanding of the historic environment within the offshore
Order limits and the approval of any necessary mitigation required as a result of the
further site investigations prior to commencement of licensed activities;
(h) An aids to navigation management plan to be approved in writing by the MMO, following
consultation with Trinity House, to include details of how the undertaker will comply with
the provisions of condition 6 for the lifetime of the authorised scheme; and
(i) A biogenic reef mitigation plan in accordance with the outline biogenic reef mitigation
plan.
(2) In the event that driven or part-driven pile foundations are proposed to be used, the hammer
energy used to drive or part-drive the pile foundations must not exceed 3,500kJ.
(3) Pre-construction archaeological investigations and pre-commencement material operations
which involve intrusive seabed works must only take place in accordance with a specific written
scheme of archaeological investigation which is itself in accordance with the details set out in the
outline written scheme of investigation (offshore), and which has been submitted to and approved
by the MMO in consultation with the statutory historic body.
21.—(1) Each programme, statement, plan, protocol or scheme required to be approved
under condition 11 must be submitted for approval at least three months prior to the intended
commencement of licensed activities, except where otherwise stated or unless otherwise agreed in
writing by the MMO.
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(2) No licensed activity may commence until for that licensed activity the MMO has approved
in writing any relevant programme, statement, plan, protocol or scheme required to be approved
under condition 11.
(3) Subject to sub-paragraph (5), the MMO must determine an application for approval made
under condition 11 within a period of three months commencing on the date the application is
received by the MMO, unless otherwise agreed in writing with the undertaker.
(4) The licensed activities must be carried out in accordance with the approved plans, protocols,
statements, schemes and details approved under condition 11, unless otherwise agreed in writing
by the MMO.
(5) Where an application for approval is made under condition 11(1)(e), the MMO must determine
the application for approval within a period of six months commencing on the date the application
is received by the MMO, unless otherwise agreed in writing with the undertaker.
Reporting of engaged agents, contractors and vessels
22.—(1) The undertaker must provide the following information to the MMO, unless otherwise
agreed in writing by the MMO—
(a) the name, company number (if applicable), address and function of any agent, contractor
or subcontractor appointed to engage in the licensed activities not less than ten working
days prior to such agent or contractor commencing any licensed activity; and
(b) each week during the construction of the authorised scheme a completed Hydrographic
Note H102 listing the vessels currently and to be used in relation to the licensed activities,
including the master’s name, vessel type, vessel IMO number and vessel owner or
operating company.
(2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent,
contractor or vessel engaging in the licensed activities.
Reporting of impact pile driving
23.—(1) Only when driven or part-driven pile foundations are proposed to be used as part of the
foundation installation the undertaker must provide the following information to the Marine Noise
Registry—
(a) prior to the commencement of the licenced activities, information on the expected location,
start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward
Look requirements;
(b) at six month intervals following the commencement of pile driving, information on the
locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close
Out requirements; and
(c) within 12 weeks of completion of impact pile driving, information on the locations and
dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.
(2) The undertaker must notify the MMO of the successful submission of Forward Look or Close
Out data pursuant to sub-paragraph (1) above within 7 days of the submission.
(3) For the purpose of this condition—
(a) “Marine Noise Registry” means the database developed and maintained by JNCC on
behalf of Defra to record the spatial and temporal distribution of impulsive noise
generating activities in UK seas; and
(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise
Registry Information Document Version 1 (July 2015) or any updated information
document.
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Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)
24.—(1) No piling activities can begin until a Site Integrity Plan (SIP), which accords with the
principles set out in the in principle Southern North Sea SAC Site Integrity Plan so far as relevant to
the authorised scheme, has been submitted to, and approved in writing, by the MMO in consultation
with the relevant statutory nature conservation body.
(2) The SIP submitted for approval must contain a description of the conservation objectives
for the Southern North Sea Special Area of Conservation (SNS SAC) as well as any relevant
management measures and it must set out the key statutory nature conservation body advice on
activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this
has been considered in the context of the authorised scheme.
(3) The SIP must be submitted to the MMO no later than six months prior to the commencement
of piling activities.
(4) In approving the SIP the MMO must be satisfied that the authorised scheme at the pre-
construction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.
(5) The approved SIP may be amended with the prior written approval of the MMO, in
consultation with the relevant statutory nature conservation body, where the MMO remains satisfied
that the authorised scheme, in-combination with other plans or projects at the pre-construction stage,
is in line with the JNCC Guidance.
(6) The MMO must determine an application for approval made under condition 15 within a
period of six months commencing on the date the application is received by the MMO, unless
otherwise agreed in writing with the undertaker.
(7) The licensed activities must be carried out in accordance with the SIP approved under
condition 15, unless otherwise agreed in writing by the MMO.
Maintenance reporting
25.—(1) An annual maintenance report must be submitted to the MMO in writing within three
months following the first anniversary of the date of commencement of operations, and every year
thereafter until the permanent cessation of operation.
(2) The report must provide a record of the licensed activities as set out in condition 2 during the
preceding year, the timing of activities and methodologies used.
(3) Every fifth year, the undertaker must submit to the MMO in writing, within three months of
that date, a consolidated maintenance report, which will—
(a) include a review of licensed activities undertaken during the preceding five years with
reference to the reports submitted in accordance with condition 16(1) of this licence; and
(b) reconfirm the applicability of the methodologies and frequencies of the licensable
activities permitted by this licence for the remaining duration of this licence.
SCHEDULE 16 Ref
1. Not used.
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SCHEDULE 17 Article 35
Hedgerows
PART 1
Removal of hedgerows
(1) Area (2) Reference to hedgerow
Boston Borough Council The hedgerow marked 1323 on sheet 27 of 51
of the important hedgerows and tree preservation
order plan.
Boston Borough Council The hedgerow marked 1405 on sheet 33 of 51
of the important hedgerows and tree preservation
order plan.
East Lindsey District Council The hedgerow marked 719 on sheet 15 of 51 of
the important hedgerows and tree preservation
order plan.
PART 2
Removal of important hedgerows
(1) Area (2) Reference to hedgerow
Boston Borough Council The important hedgerow marked 57 on sheet
3 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 1986 on sheet
2 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 71 on sheets 3
and 4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 91 on sheet
3 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 96 on sheets 3
and 4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 99 on sheets 3
and 4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 107 on sheets 3
and 4 of 51 of the important hedgerows and tree
preservation order plan.
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(1) Area (2) Reference to hedgerow
East Lindsey District Council The important hedgerow marked 183 on sheet
4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 186 on sheets 4
and 5 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 197 on sheet
4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 201 on sheet
4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 203 on sheet
4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 211 on sheet
4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 213 on sheet
4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 1932 on sheet
4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 1977 on sheet
4 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 157 on sheet
5 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 1940 on sheet
5 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 1969 on sheet
8 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 168 on sheet
10 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 248 on sheet
10 of 51 of the important hedgerows and tree
preservation order plan.
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(1) Area (2) Reference to hedgerow
East Lindsey District Council The important hedgerow marked 270 on sheets
10 and 11 of 51 of the important hedgerows and
tree preservation order plan.
East Lindsey District Council The important hedgerow marked 305 on sheets
10 and 11 of 51 of the important hedgerows and
tree preservation order plan.
East Lindsey District Council The important hedgerow marked 325 on sheet
13 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 335 on sheet
13 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 1948 on sheet
17 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 1015 on sheet
20 of 51 of the important hedgerows and tree
preservation order plan.
East Lindsey District Council The important hedgerow marked 1036 on sheet
21 of 51 of the important hedgerows and tree
preservation order plan.
Boston Borough Council The important hedgerow marked 1954 on sheets
21 and 22 of 51 of the important hedgerows and
tree preservation order plan.
Boston Borough Council The important hedgerow marked 1154 on sheet
25 of 51 of the important hedgerows and tree
preservation order plan.
Boston Borough Council The important hedgerow marked 1175 on sheet
25 of 51 of the important hedgerows and tree
preservation order plan.
Boston Borough Council The important hedgerow marked 1378 on sheet
33 of 51 of the important hedgerows and tree
preservation order plan.
Boston Borough Council The important hedgerow marked 1380 on sheet
33 of 51 of the important hedgerows and tree
preservation order plan.
Boston Borough Council The important hedgerow marked 1383 on sheet
33 of 51 of the important hedgerows and tree
preservation order plan.
Boston Borough Council The important hedgerow marked 1773 on sheets
43 and 44 of 51 of the important hedgerows and
tree preservation order plan.
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(1) Area (2) Reference to hedgerow
Boston Borough Council The important hedgerow marked 1836 on sheet
44 of 51 of the important hedgerows and tree
preservation order plan.
SCHEDULE 18 Article 37
Protective Provisions
PART 1
Protection for electricity, gas, water and sewerage undertakers
Application
1. For the protection of the affected undertakers referred to in this part of this Schedule the
following provisions have effect unless otherwise agreed in writing between the undertaker and the
affected undertaker concerned.
2. In this Part of this Schedule—
“affected undertaker” means—
(a) any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act (an
“electricity undertaker”);
(b) a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986 (a “gas
undertaker”)(88);
(c) a water undertaker within the meaning of the Water Industry Act 1991 (a “water
undertaker”);
(d) a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry
Act 1991 (a “sewerage undertaker”),
for the area of the authorised development but, for the avoidance of doubt, does not include
the undertakers specified in Parts 3, 4, 5, 7, 8 9, 13, 14 or 15 of this Schedule, and in relation
to any apparatus, means the undertaker to whom it belongs or by whom it is maintained;
“alternative apparatus” means alternative apparatus adequate to enable the affected undertaker
in question to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means—
(a) in the case of an electricity undertaker, electric lines or electrical plant (as defined in the
1989 Act), belonging to or maintained by that electricity undertaker;
(b) in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or
maintained by that gas transporter for the purposes of gas supply;
(c) in the case of a water undertaker—
(i) mains, pipes or other apparatus belonging to or maintained by that water undertaker
for the purposes of water supply;
(88) 1986 c. 44.
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(ii) any water mains or service pipes (or part of a water main or service pipe) that is
the subject of an agreement to adopt made under section 51A (agreements to adopt
water main or service pipe at future date) of the Water Industry Act 1991(89) at the
time of the works mentioned in this Part;
(d) in the case of a sewerage undertaker—
(i) any drain or works vested in the sewerage undertaker in accordance with the Water
Industry Act 1991;
(ii) any sewer which is so vested or is the subject of a notice of intention to adopt given
under section 102(4) (adoption of sewers and disposal works) of the Water Industry
Act 1991(90) or an agreement to adopt made under section 104 (agreements to
adopt sewer, drain or sewerage disposal works, at future date)(91) of the Water
Industry Act 1991,
and includes a sludge main, disposal main (within the meaning of section 219 (general
interpretation) of the Water Industry Act 1991) or sewer outfall and any manholes,
ventilating shafts, pumps or other accessories forming part of any such sewer, drain or
works,
and includes any structure in which apparatus is or is to be lodged or which gives or will give
access to apparatus;
“functions” includes powers and duties; and
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to
apparatus or alternative apparatus under, over or upon land.
Precedence of the 1991 Act in respect of apparatus in the street
3. This Part of this Schedule does not apply to apparatus in respect of which the relations between
the undertaker and the affected undertaker are regulated by the provisions of Part 3 (street works in
England and Wales) of the 1991 Act.
No acquisition etc. except by agreement
4. Regardless of any provision in this Order or anything shown on the land plans, the undertaker
must not acquire any apparatus otherwise than by agreement.
Removal of apparatus
5.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any
interest in any land in which any apparatus is placed, that apparatus must not be removed under this
Part of this Schedule and any right of an affected undertaker to maintain that apparatus in that land
must not be extinguished until alternative apparatus has been constructed and is in operation to the
reasonable satisfaction of the affected undertaker in question.
(2) If, for the purpose of executing any works in, on or under any land purchased, held, or used
under this Order, the undertaker requires the removal of any apparatus placed in that land, it must
give to the affected undertaker in question written notice of that requirement, together with a plan
and section of the work proposed, and of the proposed position of the alternative apparatus to be
provided or constructed and in that case (or if in consequence of the exercise of any of the powers
conferred by this Order an affected undertaker reasonably needs to remove any of its apparatus)
(89) Section 51A was amended by the Water Act 2014 (c. 21) and the Water Act 2003 (c. 37).
(90) Section 102(4) was amended by paragraph 90 of Schedule 7 to the Water Act 2015 (c. 21).
(91) Section 104 was amended by the Water Act 2014 (c. 21), the Flood and Water Management Act 2012 (c. 29), and the Water
Act 2003 (c. 37).
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the undertaker must, subject to sub-paragraph (3), afford to the affected undertaker the necessary
facilities and rights for the construction of alternative apparatus in other land of the undertaker and
subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than
in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as
are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such
apparatus is to be constructed, the affected undertaker in question must, on receipt of a written notice
to that effect from the undertaker, as soon as reasonably possible use all reasonable endeavours
to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be
constructed.
(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this
Schedule must be constructed in such manner and in such line or situation as may be agreed between
the affected undertaker in question and the undertaker or in default of agreement settled by arbitration
in accordance with article 38 (arbitration).
(5) The affected undertaker in question must, after the alternative apparatus to be provided or
constructed has been agreed or settled by arbitration in accordance with article 38 (arbitration), and
after the grant to the affected undertaker of any such facilities and rights as are referred to in sub-
paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the
alternative apparatus and subsequently to remove any apparatus required by the undertaker to be
removed under the provisions of this Part of this Schedule.
(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the
affected undertaker in question that it desires itself to execute any work, or part of any work in
connection with the construction or removal of apparatus in any land controlled by the undertaker,
that work, instead of being executed by the affected undertaker, must be executed by the undertaker
without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of
the affected undertaker.
(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation,
bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling
around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.
Facilities and rights for alternative apparatus
6.—(1) Where, in accordance with the provisions of this part of this Schedule, the undertaker
affords to an affected undertaker facilities and rights for the construction and maintenance in land of
the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities
and rights must be granted upon such terms and conditions as may be agreed between the undertaker
and the affected undertaker in question or in default of agreement settled by arbitration in accordance
with article 38 (arbitration).
(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative
apparatus, and the terms and conditions subject to which those facilities and rights are to be granted,
are in the opinion of the arbitrator less favourable on the whole to the affected undertaker in question
than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and
conditions to which those facilities and rights are subject, the arbitrator must make such provision
for the payment of compensation by the undertaker to that affected undertaker as appears to the
arbitrator to be reasonable having regard to all the circumstances of the particular case.
Retained apparatus
7.—(1) Not less than 28 days before starting the execution of any works of the type referred to
in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not
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been required by the undertaker under paragraph 5(2), the undertaker must submit to the affected
undertaker in question a plan, section and description of the works to be executed.
(2) Those works must be executed only in accordance with the plan, section and description
submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be
made in accordance with sub-paragraph (3) by the affected undertaker for the alteration or otherwise
for the protection of the apparatus, or for securing access to it, and the affected undertaker is entitled
to watch and inspect the execution of those works.
(3) Any requirements made by an affected undertaker under sub-paragraph (2) must be made
within a period of 21 days beginning with the date on which a plan, section and description under
sub-paragraph (1) are submitted to it.
(4) If an affected undertaker in accordance with sub-paragraph (3) and in consequence of the
works proposed by the undertaker, reasonably requires the removal of any apparatus and gives
written notice to the undertaker of that requirement, paragraphs 1 to 6 apply as if the removal of the
apparatus had been required by the undertaker under paragraph 5(2).
(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time
to time, but in no case less than 28 days before commencing the execution of any works, a new
plan, section and description instead of the plan, section and description previously submitted, and
having done so the provisions of this paragraph apply to and in respect of the new plan, section and
description.
(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in
that case it must give to the affected undertaker in question notice as soon as is reasonably practicable
and a plan, section and description of those works as soon as reasonably practicable subsequently
and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.
Expenses and costs
8.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to an
affected undertaker the reasonable expenses incurred by that affected undertaker in, or in connection
with, the inspection, removal, alteration or protection of any apparatus or the construction of any
new apparatus which may be required in consequence of the execution of any such works as are
referred to in paragraph 5(2).
(2) There must be deducted from any sum payable under sub-paragraph (1) the value of any
apparatus removed under the provisions of this part of this Schedule, that value being calculated
after removal.
(3) If in accordance with the provisions of this part of this Schedule—
(a) apparatus of better type, of greater capacity or of greater dimensions is placed in
substitution for existing apparatus of worse type, of smaller capacity or of smaller
dimensions; or
(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is
placed at a depth greater than the depth at which the existing apparatus was,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus
at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not
determined by arbitration in accordance with article 38 (arbitration) to be necessary, then, if such
placing involves cost in the construction of works under this part of this Schedule exceeding that
which would have been involved if the apparatus placed had been of the existing type, capacity or
dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-
paragraph would be payable to the affected undertaker in question by virtue of sub-paragraph (1)
must be reduced by the amount of that excess.
(4) For the purposes of sub-paragraph (3)—
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(a) an extension of apparatus to a length greater than the length of existing apparatus is not
to be treated as a placing of apparatus of greater dimensions than those of the existing
apparatus; and
(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the
consequential provision of a jointing chamber or of a manhole is to be treated as if it also
had been agreed or had been so determined.
(5) An amount which apart from this sub-paragraph would be payable to an affected undertaker
in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus
provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer
on the affected undertaker any financial benefit by deferment of the time for renewal of the apparatus
in the ordinary course, be reduced by the amount which represents that benefit.
9.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction
of any such works referred to in paragraph 5(2), any damage is caused to any apparatus (other than
apparatus the repair of which is not reasonably necessary in view of its intended removal for the
purposes of those works) or property of an affected undertaker, or there is any interruption in any
service provided, or in the supply of any goods, by any affected undertaker, the undertaker must—
(a) bear and pay the cost reasonably incurred by that affected undertaker in making good such
damage or restoring the supply; and
(b) make reasonable compensation to that affected undertaker for any other expenses, loss,
damages, penalty or costs incurred by the affected undertaker,
by reason of in consequence of any such damage or interruption.
(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any
damage or interruption to the extent that it is attributable to the act, neglect or default of an affected
undertaker, its officers, servants, contractors or agents.
(3) An affected undertaker must give the undertaker reasonable notice of any such claim or
demand and no settlement or compromise may be made without the consent of the undertaker and,
if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise or
of any proceedings necessary to resist the claim or demand.
Miscellaneous
10. Nothing in this part of this Schedule affects the provisions of any enactment or agreement
regulating the relations between the undertaker and an affected undertaker in respect of any apparatus
laid or erected in land belonging to the undertaker on the date on which this Order is made.
11. Any difference or dispute arising between the undertaker and the affected undertaker under
this Part must, unless otherwise agreed in writing between the undertaker and the affected undertaker,
be determined by arbitration in accordance with article 38 (arbitration).
PART 2
Protection for operators of electronic communications code networks
12. For the protection of any operator, the following provisions, unless otherwise agreed in
writing between the undertaker and the operator, have effect.
13. In this Part—
“electronic communications apparatus” has the same meaning as in the electronic
communications code;
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“electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003
Act;
“electronic communications code network” means—
(a) so much of an electronic communications network or infrastructure system provided by
an electronic communications code operator as is not excluded from the application of
the electronic communications code by a direction under section 106 (application of the
electronics communications code) of the 2003 Act(92); and
(b) an electronic communications network which the Secretary of State is providing or
proposing to provide;
“electronic communications code operator” means a person in whose case the electronic
communications code is applied by a direction under section 106 of the 2003 Act;
“infrastructure system” has the same meaning as in the electronic communications code
and references to providing an infrastructure system are to be construed in accordance with
paragraph 7 of that code; and
“operator” means the operator of an electronic communications code network.
14. The exercise of the powers of article 28 (statutory undertakers) are subject to Part 10 of
Schedule 3A (the electronics communications code) to the 2003 Act.
15.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or
their construction, or of any subsidence resulting from any of those works—
(a) any damage is caused to any electronic communications apparatus belonging to an
operator (other than apparatus the repair of which is not reasonably necessary in view of
its intended removal for the purposes of those works, or other property of an operator); or
(b) there is any interruption in the supply of the service provided by an operator, the undertaker
must bear and pay the cost reasonably incurred by the operator in making good such
damage or restoring the supply and must—
(i)make reasonable compensation to an operator for loss sustained by it; and
(ii)indemnify an operator against claims, demands, proceedings, costs, damages and
expenses which may be made or taken against, or recovered from, or incurred by, an
operator by reason, or in consequence of, any such damage or interruption.
(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any
damage or interruption to the extent that it is attributable to the act, neglect or default of an operator,
its officers, servants, contractors or agents.
(3) The operator must give the undertaker reasonable notice of any such claim or demand and no
settlement or compromise of the claim or demand may be made without the consent of the undertaker
and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise
or of any proceedings necessary to resist the claim or demand.
(4) Any difference arising between the undertaker and the operator under this paragraph must be
referred to and settled by arbitration under article 38 (arbitration).
16. This Part of this Schedule does not apply to—
(a) any apparatus in respect of which the relations between the undertaker and an operator
are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991
Act; or
(b) any damage, or any interruption, caused by electro-magnetic interference arising from the
construction or use of the authorised development.
(92) Section 106 was amended by the Digital Economy Act 2017 (c. 30).
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17. Nothing in this part of this Schedule affects the provisions of any enactment or agreement
regulating the relations between the undertaker and an operator in respect of any apparatus laid or
erected in land belonging to the undertaker on the date on which this Order is made.
PART 3
Protection for Anglian Water Services Limited
Application
18. For the protection of Anglian Water the following provisions have effect, unless otherwise
agreed in writing between the undertaker and Anglian Water.
Interpretation
19. In this Part of this Schedule—
“1991 Act” means the New Roads and Street Works Act 1991;
“alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil
its statutory functions in a manner no less efficient than previously;
“Anglian Water” means Anglian Water Services Limited;
“apparatus” means—
(a) works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for
the purposes of water supply and sewerage;
(b) any drain or works vested in Anglian Water under the Water Industry Act 1991;
(c) any sewer which is so vested or is the subject of a notice of intention to adopt given under
section 102(4) of the Water Industry Act 1991 or an agreement to adopt made under
section 104 of the Water Industry Act 1991;
(d) any drainage system constructed for the purpose of reducing the volume of surface water
entering any public sewer belonging to Anglian Water,
and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts,
pumps or other accessories forming part of any such sewer, drain or works, and includes any
structure in which apparatus is or is to be lodged or which gives or will give access to apparatus,
and for the purpose of this definition, where words are defined by section 219 of the Water
Industry Act 1991, they shall be taken to have the same meaning;
“functions” includes powers and duties;
“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference
to apparatus or alternative apparatus under, over or upon land; and
“plan” includes sections, drawings, specifications and method statements.
On street apparatus
20. This Part of this Schedule does not apply to apparatus in respect of which the relations
between the undertaker and Anglian Water are regulated by the provisions of Part 3 of the 1991 Act.
Apparatus in closed streets
21. Regardless of the temporary closure or diversion of any highway under the powers conferred
by article 11 (temporary closure of streets), Anglian Water is at liberty at all times to take all necessary
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access across any such closed highway and to execute and do all such works and things in, upon or
under any such highway as may be reasonably necessary or desirable to enable it to maintain any
apparatus which at the time of the closure or diversion was in that highway.
Acquisition of land
22. Regardless of any provision in this Order or anything shown on the land plans, the undertaker
must not acquire any apparatus otherwise than by agreement.
Removal of apparatus
23.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any
interest in any land in which any apparatus is placed or requires that Anglian Water’s apparatus is
relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any
right of Anglian Water to maintain that apparatus in that land must not be extinguished, until—
(a) alternative apparatus has been constructed and is in operation to the reasonable satisfaction
of Anglian Water in accordance with sub-paragraphs (2) to (8); and
(b) facilities and rights have been secured for that alternative apparatus in accordance with
paragraph 7.
(2) If, for the purpose of executing any works in, on or under any land purchased, held,
appropriated or used under this Order, the undertaker requires the removal of any apparatus placed
in that land, the undertaker must give to Anglian Water 28 days’ written notice of that requirement,
together with a plan of the work proposed, and of the proposed position of the alternative apparatus
to be provided or constructed and in that case (or if in consequence of the exercise of any of the
powers conferred by this Order Anglian Water reasonably needs to remove any of its apparatus) the
undertaker must, subject to sub-paragraph (3), afford to Anglian Water the necessary facilities and
rights for the construction of alternative apparatus in other land of the undertaker and subsequently
for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than
in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as
are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such
apparatus is to be constructed Anglian Water must, on receipt of a written notice to that effect from the
undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities
and rights in the land in which the alternative apparatus is to be constructed.
(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this
Schedule must be constructed in such manner and in such line or situation as may be agreed between
Anglian Water and the undertaker or in default of agreement settled by arbitration in accordance
with article 38 (arbitration).
(5) Anglian Water must, after the alternative apparatus to be provided or constructed has been
agreed or settled by arbitration in accordance with article 38, and after the grant to Anglian Water
of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without
unnecessary delay to construct and bring into operation the alternative apparatus and subsequently
to remove any apparatus required by the undertaker to be removed under the provisions of this Part
of this Schedule.
(6) Regardless of anything in sub-paragraph (5), if Anglian Water gives notice in writing to the
undertaker that it desires the undertaker to execute any work, or part of any work in connection with
the construction or removal of apparatus in any land of the undertaker or to the extent that Anglian
Water fails to proceed with that work in accordance with sub-paragraph (5) or the undertaker and
Anglian Water otherwise agree, that work, instead of being executed by Anglian Water, must be
executed by the undertaker without unnecessary delay under the superintendence, if given, and to
the reasonable satisfaction of Anglian Water.
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(7) If Anglian Water fails either reasonably to approve, or to provide reasons for its failure to
approve along with an indication of what would be required to make acceptable, any proposed details
relating to required removal works under sub-paragraph (2) within 28 days of receiving a notice of
the required works from the undertaker, then such details are deemed to have been approved. For
the avoidance of doubt, any such “deemed consent” does not extend to the actual undertaking of the
removal works, which shall remain the sole responsibility of Anglian Water or its contractors.
(8) Whenever alternative apparatus is to be or is being substituted for existing apparatus, the
undertaker shall before taking or requiring any further step in such substitution works, use reasonable
endeavours to comply with Anglian Water’s reasonable requests for a reasonable period of time to
enable Anglian Water to—
(a) make network contingency arrangements; or
(b) bring such matters as it may consider reasonably necessary to the attention of end users
of the utility in question.
Facilities and rights for alternative apparatus
24.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker
affords to Anglian Water facilities and rights for the construction and maintenance in land of the
undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and
rights are to be granted upon such terms and conditions as may be agreed between the undertaker
and Anglian Water or in default of agreement settled by arbitration in accordance with article 38
(arbitration).
(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative
apparatus, and the terms and conditions subject to which those facilities and rights are to be granted,
are in the opinion of the arbitrator less favourable on the whole to Anglian Water than the facilities
and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to
which those facilities and rights are subject, the arbitrator must make such provision for the payment
of compensation by the undertaker to Anglian Water as appears to the arbitrator to be reasonable
having regard to all the circumstances of the particular case.
(3) Such facilities and rights as are set out in this paragraph are deemed to include any
statutory permits granted to the undertaker in respect of the apparatus in question, whether under the
Environmental Permitting (England and Wales) Regulations 2016(93) or other legislation.
Retained apparatus
25.—(1) Not less than 28 days before starting the execution of any works in, on or under any
land purchased, held, appropriated or used under this Order that are near to, or will or may affect,
any apparatus (or any means of access to it) the removal of which has not been required by the
undertaker under paragraph 6(2), the undertaker must submit to Anglian Water a plan of the works
to be executed.
(2) Those works must be executed only in accordance with the plan submitted under sub-
paragraph (1) and in accordance with such reasonable requirements as may be made in accordance
with sub-paragraph (3) by Anglian Water for the alteration or otherwise for the protection of the
apparatus, or for securing access to it, and Anglian Water is entitled to watch and inspect the
execution of those works.
(3) Any requirements made by Anglian Water under sub-paragraph (2) must be made within a
period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.
(4) If Anglian Water in accordance with sub-paragraph (3) and in consequence of the works
proposed by the undertaker, reasonably requires the removal of any apparatus and gives written
(93) S.I. 2016/1154.
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notice to the undertaker of that requirement, sub-paragraphs (1) to (3) and (6) to (8) of paragraph 6
apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).
(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time
to time, but in no case less than 28 days before commencing the execution of any works, a new plan
instead of the plan previously submitted, and having done so the provisions of this paragraph apply
to and in respect of the new plan.
(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in
that case must give to Anglian Water notice as soon as is reasonably practicable and a plan of those
works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in
so far as is reasonably practicable in the circumstances, using its best endeavours to keep the impact
of those emergency works on Anglian Water’s apparatus, on the operation of its water and sewerage
network and on end-users of the services Anglian Water provides to a minimum.
(7) For the purposes of sub-paragraph (1) and without prejudice to the generality of the principles
set out in that sub-paragraph, works are deemed to be in land near Anglian Water’s apparatus (where
it is a pipe) if those works fall within the following distances measured from the medial line of such
apparatus—
(a) 4 metres where the diameter of the pipe is less than 250 millimetres;
(b) 5 metres where the diameter of the pipe is between 250 and 400 millimetres, and
(c) a distance to be agreed on a case by case basis and before the submission of the Plan under
sub-paragraph (1) is submitted where the diameter of the pipe exceeds 400 millimetres.
Expenses and costs
26.—(1) Subject to the following provisions of this paragraph, the undertaker must repay
to Anglian Water all expenses reasonably incurred by Anglian Water in, or in connection with,
the inspection, removal, alteration or protection of any apparatus or the construction of any new
apparatus which may be required in consequence of the execution of any such works as are referred
to in this Part of this Schedule.
(2) There must be deducted from any sum payable under sub-paragraph (1) the value of any
apparatus removed under the provisions of this Part of this Schedule that value being calculated
after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a) apparatus of better type, of greater capacity or of greater dimensions is placed in
substitution for existing apparatus of worse type, of smaller capacity or of smaller
dimensions; or
(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is
placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus
at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not
determined by arbitration in accordance with article 38 (arbitration) to be necessary, then, if such
placing involves cost in the construction of works under this Part of this Schedule exceeding that
which would have been involved if the apparatus placed had been of the existing type, capacity or
dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-
paragraph would be payable to Anglian Water by virtue of sub-paragraph (1) must be reduced by
the amount of that excess.
(4) For the purposes of sub-paragraph (3)—
(a) an extension of apparatus to a length greater than the length of existing apparatus is not
to be treated as a placing of apparatus of greater dimensions than those of the existing
apparatus; and
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(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary,
the consequential provision of a jointing chamber or of a manhole is to be treated as if it
also had been agreed or had been so determined.
27.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction
of any such works referred to in paragraph 6(2), or by reason of any subsidence resulting from such
development or works, any damage is caused to any apparatus or alternative apparatus (other than
apparatus the repair of which is not reasonably necessary in view of its intended removal for the
purposes of those works) or property of Anglian Water, or there is any interruption in any service
provided, or in the supply of any goods, by Anglian Water, the undertaker must—
(a) bear and pay the cost reasonably incurred by Anglian Water in making good such damage
or restoring the supply; and
(b) make reasonable compensation to Anglian Water for any other expenses, loss, damages,
penalty or costs incurred by Anglian Water,
by reason or in consequence of any such damage or interruption.
(2) The fact that any act or thing may have been done by Anglian Water on behalf of the undertaker
or in accordance with a plan approved by Anglian Water or in accordance with any requirement of
Anglian Water or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker
from liability under the provisions of sub-paragraph (1) unless Anglian Water fails to carry out and
execute the works properly with due care and attention and in a skilful and professional like manner
or in a manner that does not accord with the approved plan.
(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any
damage or interruption to the extent that it is attributable to the act, neglect or default of Anglian
Water, its officers, servants, contractors or agents.
(4) Anglian Water must give the undertaker reasonable notice of any such claim or demand and
no settlement or compromise is to be made, without the consent of the undertaker (such consent not
to be unreasonably withheld or delayed) who, if withholding such consent, has the sole conduct of
any settlement or compromise or of any proceedings necessary to resist the claim or demand.
Cooperation
28. Where in consequence of the proposed construction of any of the authorised development,
the undertaker or Anglian Water requires the removal of apparatus under paragraph 6(2) or Anglian
Water makes requirements for the protection or alteration of apparatus under paragraph 8(2), the
undertaker must use reasonable endeavours to co-ordinate the execution of the works in the interests
of safety and the efficient and economic execution of the authorised development and taking into
account the need to ensure the safe and efficient operation of Anglian Water’s undertaking, using
existing processes where requested by Anglian Water, provided it is appropriate to do so, and Anglian
Water must use reasonable endeavours to co-operate with the undertaker for that purpose.
29. Where the undertaker identifies any apparatus which may belong to or be maintainable by
Anglian Water but which does not appear on any statutory map kept for the purpose by Anglian
Water, it shall inform Anglian Water of the existence and location of the apparatus as soon as
reasonably practicable.
30. Nothing in this Part of this Schedule affects the provisions of any enactment or agreement
regulating the relations between the undertaker and Anglian Water in respect of any apparatus laid
or erected in land belonging to the undertaker on the date on which this Order is made.
31. The undertaker and Anglian Water may by written agreement substitute any period of time
for those periods set out in this Part of this Schedule.
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32. For the avoidance of doubt whenever Anglian Water’s consent, agreement or approval is
required in relation to plans, documents or other information submitted by the undertaker or the
taking of action by the undertaker, it must not be unreasonably withheld or delayed.
33. Any difference or dispute arising between the undertaker and Anglian Water under this Part
must, unless otherwise agreed in writing between the undertaker and Anglian Water, be determined
by arbitration in accordance with article 38 (arbitration).
PART 4
Protection for the Environment Agency
34.—(1) The following provisions apply for the protection of the Agency unless otherwise agreed
in writing between the undertaker and the Agency.
(2) In this part of this Schedule—
“Agency” means the Environment Agency;
“Agency dredging operation” means any operation involving a dredger employed by the
Agency or its contractors that is engaged in or preparing to discharge sand into a sinker pipe;
“beach nourishment works” means work carried out annually by the Agency to nourish the
existing coastline between Saltfleet and Gibraltar Point in Lincolnshire;
“construction” includes execution, placing, altering, replacing, relaying and removal and
excavation and “construct” and “constructed” is construed accordingly;
“drainage work” means any main river and includes any land which provides or is expected
to provide flood storage capacity for any main river and any bank, wall, embankment or
other structure, or any appliance, constructed or used for land drainage, flood defence or tidal
monitoring;
“emergency” means any occurrence which presents a risk of—
(a) serious flooding;
(b) serious detrimental impact on drainage;
(c) serious harm to the environment;
“exempt flood risk activities” has the same meaning given in regulation 5 of the Environmental
Permitting (England and Wales) Regulations 2016;
“fishery” means any waters containing fish and fish in, or migrating to or from, such waters
and the spawn, spawning ground, habitat or food of such fish;
“main river” has the same meaning given in section 113 of the Water Resources Act 1991;
“plans” includes plans, sections, elevations, drawings, specifications, programmes, proposals,
calculations, method statements;
“remote defence” means any berm, wall or embankment that is constructed for the purposes
of preventing or alleviating flooding from, or in connection with, any main river;
“sea defence” means any bank, wall, embankment (any berm, counterwall or cross-wall
connected to any such bank, wall or embankment), barrier, tidal sluice and other defence,
whether natural or artificial, against the inundation of land by sea water or tidal water, including
natural or artificial high ground which forms part of or makes a contribution to the efficiency of
the defences of the Agency’s area against flooding, but excludes any sea defence works which
are for the time being maintained by a coast protection authority under the provisions of the
Coast Protection Act 1949 or by any local authority or any navigation, harbour or conservancy
authority;
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“specified work” means so much of any work or operation authorised by this Order as is in,
on, under, over or within—
(a) 16 metres of the base of a sea defence which is likely to—
(i) endanger the stability of, cause damage or reduce the effectiveness of that sea
defence; or
(ii) interfere with the Agency’s access to or along that sea defence or the Agency’s
ability to undertake works to ensure the efficacy of that sea defence;
(b) 8 metres of the base of a remote defence which is likely to—
(i) endanger the stability of, cause damage or reduce the effectiveness of that remote
defence, or
(ii) interfere with the Agency’s access to or along that remote defence;
(c) 16 metres of a drainage work or is otherwise likely to—
(i) affect any drainage work or the volumetric rate of flow of water in or flowing to
or from any drainage work;
(ii) affect the flow, purity or quality of water in any watercourse or other surface waters
(iii) cause obstruction to the free passage of fish or damage to any fishery;
(iv) affect the conservation, distribution or use of water resources; or
(v) affect the conservation value of the main river and habitats in its immediate vicinity;
(d) 500 metres of any Agency dredging operation which is likely to interact or interfere with
the Agency’s beach nourishment works;
or which involves—
(e) an activity that includes dredging, raising or taking of any sand, silt, ballast, clay, gravel or
other materials from or off the bed or banks of a drainage work (or causing such materials
to be dredged, raised or taken), including hydrodynamic dredging or desilting; and
(f) any quarrying or excavation within 16 metres of a drainage work which is likely to cause
damage to or endanger the stability of the banks or structure of that drainage work,
but does not include exempt flood risk activities;
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, basins,
sewers and passages through which water flows except a public sewer.
Submission and approval of plans
35.—(1) Before beginning to construct any specified work, the undertaker must submit to the
Agency plans of the specified work and such further particulars available to it as the Agency may
within 28 days of the receipt of the plans reasonably request.
(2) Any such specified work must not be constructed except in accordance with such plans as
may be approved in writing by the Agency, or determined under paragraph 12.
(3) Any approval of the Agency required under this paragraph—
(a) must not be unreasonably withheld or delayed;
(b) is deemed to have been refused if it is neither given nor refused within two months of
the submission of the plans or such later date as is agreed between the Agency and the
undertaker and if further particulars have been requested pursuant to sub paragraph (1)
the period between the making of this request and the provision of further particulars in
response to it shall not be taken into account in the calculation of the two months for the
purposes of this sub-paragraph; and
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(c) may be given subject to such reasonable requirements as the Agency may have for the
protection of any drainage work or the fishery or for the protection of water resources, or
for the prevention of flooding or pollution or for nature conservation or the prevention of
environmental harm in the discharge of its environmental duties.
(4) The Agency must use its reasonable endeavours to respond to the submission of any plans
before the expiration of the period mentioned in sub-paragraph (3)(b).
(5) In the case of a refusal, the Agency must provide reasons for the grounds of that refusal.
Construction of protective works
36. Without limiting paragraph 2 the requirements which the Agency may have under that
paragraph include conditions requiring the undertaker, at its own expense, to construct such
protective works, whether temporary or permanent, before or during the construction of the specified
works (including the provision of flood banks, walls or embankments or other new works and
the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably
necessary—
(a) to safeguard any drainage work against damage; or
(b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of
flooding is not otherwise increased,
by reason of any specified work.
Timing of works and service of notices
37.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by
the Agency under paragraph 3, must be constructed—
(a) without unreasonable delay in accordance with the plans approved under this Part of this
Schedule; and
(b) to the reasonable satisfaction of the Agency,
and the Agency is entitled by its officer to watch and inspect the construction of such works.
(2) The undertaker must give to the Agency not less than 14 days’ notice in writing of its intention
to commence construction of any specified work and notice in writing of its completion not later
than 7 days after the date on which it is completed.
(3) If the Agency reasonably requires, the undertaker must construct all or part of the protective
works so that they are in place prior to the construction of any specified work to which the protective
works relate.
Works not in accordance with this Part of Schedule 18
38.—(1) If there is any failure by the undertaker to obtain consent or comply with conditions
imposed by the Agency in accordance with these protective provisions and where the Agency acting
reasonably considers it necessary to avoid any of the risks specified in sub-paragraph (2), the Agency
may serve written notice requiring the undertaker to cease all or part of the specified works as may be
specified within the notice within such reasonable period specified in the notice, and the undertaker
must cease constructing the specified works or part thereof until such time as it has obtained the
consent or complied with the condition specified in the notice served.
(2) The risks specified in sub-paragraph (1) are—
(a) risk of flooding;
(b) risk of harm to the environment;
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(c) risk of detrimental impact on drainage;
(d) damage to the fishery.
(3) If any part of a specified work or any protective work required by the Agency is constructed
otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may
by notice in writing require the undertaker at the undertaker’s own expense to comply with the
requirements of this Part of this Schedule or (if the undertaker so elects and the Agency in writing
consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down
the work and, where removal is required, to restore the site to its former condition to such extent
and within such limits as the Agency reasonably requires.
(4) Subject to sub-paragraph (5) if, within a reasonable period, being not less than 28 days
beginning with the date when a notice under sub-paragraph (3) is served upon the undertaker, the
undertaker has failed to begin taking steps to comply with the requirements of the notice and has not
subsequently made reasonably expeditious progress towards their implementation, the Agency may
execute the works specified in the notice and any reasonable expenditure incurred by the Agency in
so doing is recoverable from the undertaker.
(5) In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work
in respect of which notice has been served under that sub-paragraph, or as to the reasonableness
of any requirement of such a notice, the Agency must not, except in the case of an emergency,
exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined in
accordance with paragraph 12.
Maintenance of works
39.—(1) Subject to sub-paragraph (5) the undertaker must from the commencement of the
construction of the specified works maintain in good repair and condition and free from obstruction
any drainage work which is situated within the limits of deviation and on land held by the undertaker
for the purposes of or in connection with the specified works, whether or not the drainage work is
constructed under the powers conferred by this Order or is already in existence.
(2) If any such drainage work which the undertaker is liable to maintain is not maintained to the
reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to
repair and restore the work, or any part of such work, or (if the undertaker so elects and the Agency
in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work
and restore the site to its former condition, to such extent and within such limits as the Agency
reasonably requires.
(3) Subject to sub-paragraph (4) if, within a reasonable period, being not less than 28 days
beginning with the date on which a notice in respect of any drainage work is served under sub-
paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the
requirements of the notice and has not subsequently made reasonably expeditious progress towards
their implementation, the Agency may do what is necessary for such compliance and any reasonable
expenditure incurred by the Agency in so doing is recoverable from the undertaker.
(4) In the event of any dispute as to the reasonableness of any requirement of a notice served
under sub-paragraph (2), the Agency must not, except in the case of an emergency, exercise the
powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance
with paragraph 12.
(5) This paragraph does not apply to—
(a) drainage works which are vested in the Agency, or which the Agency or another person is
liable to maintain and is not proscribed by the powers of the Order from doing so; and
(b) any obstruction of a drainage work expressly authorised in the approval of specified works
plans and carried out in accordance with the provisions of this Part provided that any
obstruction is removed as soon as reasonably practicable.
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Remediating impaired drainage work
40. If by reason of the construction of any specified work or of the failure of any such work,
the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work
is otherwise damaged, such impairment or damage must be made good by the undertaker to the
reasonable satisfaction of the Agency and if the undertaker fails to do so, the Agency may make
good the impairment or damage and recover any expenditure incurred by the Agency in so doing
from the undertaker.
Agency access
41.—(1) If by reason of construction of the specified work or the failure of any such work, the
Agency’s access to flood defences or equipment maintained for flood defence purposes is materially
obstructed, the undertaker must notify the Agency immediately and provide such suitable alternative
means of access that will allow the Agency to maintain the flood defence or use the equipment no
less effectively than was possible before the obstruction occurred and such access must be made
available as soon as reasonably practicable after the undertaker becoming aware of such obstruction,
except in the case of an emergency in which case the undertaker must provide such alternative means
of access on demand.
(2) If by reason of closure or diversion of Roman Bank under the powers conferred by article 11
(temporary closure of streets) the Agency’s access to carry out any of its statutory functions would
be materially obstructed, the undertaker must facilitate continued, unrestricted access over Roman
Bank for the Agency and any contractors working on its behalf, provided that the Agency gives
the undertaker reasonable notice of its need to take access over any part of Roman Bank which is
temporarily closed.
Free passage of fish
42.—(1) The undertaker must take all such measures as may be reasonably practicable to prevent
any interruption of the free passage of fish in the fishery during the construction of any specified
work.
(2) If by reason of—
(a) the construction of any specified work; or
(b) the failure of any such work,
damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused,
the Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably
practicable to make good the damage, or, as the case may be, to protect the fishery against such
damage within such reasonable period specified in the notice.
(3) If the undertaker fails to take such steps as are described in the notice served under sub-
paragraph (2), the Agency may take those steps and any expenditure incurred by the Agency in so
doing is recoverable from the undertaker.
(4) In any case where immediate action by the Agency is reasonably required in order to secure
that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are
reasonable for the purpose, and may recover from the undertaker any expenditure incurred in so
doing provided that notice specifying those steps is served on the undertaker as soon as reasonably
practicable after the Agency has taken, or commenced to take, the steps specified in the notice.
Indemnity
43. The undertaker indemnifies the Agency in respect of all costs, charges and expenses which
the Agency may incur—
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(a) in the examination or approval of plans under this Part of this Schedule;
(b) in the inspection of the construction of the specified works or any protective works
required by the Agency under this Part of this Schedule; and
(c) in the carrying out of any surveys or tests by the Agency which are reasonably required
in connection with the construction of the specified works.
44.—(1) The undertaker is responsible for and indemnifies the Agency against all costs and
losses, liabilities, claims and demands not otherwise provided for in this Schedule which may be
reasonably incurred or suffered by the Agency by reason of, or arising out of—
(a) the construction, operation or maintenance of any specified works comprised within the
authorised development or the failure of any such works comprised within them; or
(b) any act or omission of the undertaker, its employees, contractors or agents or others whilst
engaged upon the construction, operation or maintenance of the authorised development
or dealing with any failure of the authorised development.
(2) For the avoidance of doubt, in sub-paragraph (1)—
(a) “costs” includes—
(i)expenses and charges;
(ii)staff costs and overheads;
(iii)legal costs;
(b) “losses” includes physical damage.
(c) “claims” and “demands” include as applicable—
(i)costs (within the meaning of sub-paragraph (2)(i)) incurred in connection with any
claim or demand;
(ii)any interest element of sums claimed or demanded;
(d) “liabilities” includes—
(i)contractual liabilities;
(ii)tortious liabilities (including liabilities for negligence or nuisance);
(iii)liabilities to pay statutory compensation or for breach of statutory duty;
(iv)liabilities to pay statutory penalties imposed on the basis of strict liability (but does
not include liabilities to pay other statutory penalties).
(3) The Agency must give to the undertaker reasonable notice of any such claim or demand and
must not settle or compromise a claim without the agreement of the undertaker and that agreement
must not be unreasonably withheld or delayed.
(4) The Agency must, at all times take reasonable steps to prevent and mitigate any such claims,
demands, proceedings, costs, damages, expenses or loss.
(5) The fact that any work or thing has been executed or done by the undertaker in accordance
with a plan approved by the Agency, or to its satisfaction, or in accordance with any directions or
award of an arbitrator, must not relieve the undertaker from any liability under the provisions of this
Part of this Schedule.
(6) Nothing in this paragraph imposes any liability on the undertaker with respect to any costs,
charges, expenses, damages, claims, demands or losses to the extent that they are attributable to the
neglect or default of the Agency, its officers, servants, contractors or agents.
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Disputes
45. Any dispute arising between the undertaker and the Agency under this Part of this Schedule
must, if the parties agree, be determined by arbitration under article 38 (arbitration), but failing
agreement be determined by the Secretary of State for Environment, Food and Rural Affairs or its
successor and the Secretary of State for Energy Security and Net Zero or its successor acting jointly
on a reference to them by the undertaker or the Agency, after notice in writing by one to the other.
PART 5
Protection for the drainage authorities
46. The provisions of this Part of this Schedule have effect for the protection of a drainage
authority unless otherwise agreed in writing between the undertaker and the drainage authority.
47. In this Part of this Schedule—
“construction” includes execution, placing, altering, replacing, relaying and removal and
excavation; and “construct” and “constructed” must be constructed accordingly;
“drainage authority” means in relation to an ordinary watercourse, the drainage board
concerned within the meaning of section 23 (prohibitions of obstructions etc in watercourses)
of the Land Drainage Act 1991;
“drainage work” means any ordinary watercourse and includes any land that provides or
is expected to provide flood storage capacity for any watercourse and any bank, wall,
embankment or other structure, or any appliance, constructed or used for land drainage or flood
defence;
“ordinary watercourse” has the meaning given in section 72 (interpretation) of the Land
Drainage Act 1991;
“plans” includes plans, sections, elevations, drawings, specifications, calculations and method
statements;
“specified work” means so much of any work or operation authorised by this Order as is in,
on, under, over or within 9 metres of a drainage work or is otherwise likely to—
(a) affect any drainage work or the total volume or volumetric rate of flow of water in or
flowing to or from any drainage work;
(b) affect the flow of water in any ordinary watercourse or other surface waters;
(c) restrict access to ordinary watercourses;
(d) restrict the ability of the relevant drainage authority to spread spoils arising from ordinary
watercourses within 9 metres of the landward toe of either side of the banks of the
watercourse;
(e) affect the conservation, distribution or use of water resources.
48.—(1) Before beginning to construct any specified work, the undertaker must submit to the
relevant drainage authority plans of the specified work and any such further particulars available to
it as the relevant drainage authority may within 28 days of the submission of the plans reasonably
require.
(2) The undertaker must not commence construction of the specified work until approval,
unconditionally or conditionally, has been given as provided in this paragraph.
(3) Any such specified work must not be constructed except in accordance with such plans as
may be approved in writing by the relevant drainage authority, or determined under paragraph 11.
(4) Any approval of the relevant drainage authority required under this paragraph—
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(a) must not be unreasonably withheld or delayed;
(b) is deemed to have been given if it is neither given nor refused within 56 days of the
submission of the plans for approval or submission of further particulars (where required
by the relevant drainage authority under sub-paragraph (1)) whichever is the later; and
(c) may be given subject to such reasonable requirements as the relevant drainage authority
may make for the protection of any drainage work, or for the prevention of flooding or
pollution or discharge of its environmental functions.
(5) Any refusal under this paragraph must be accompanied by a statement of the grounds of
refusal.
49. Without limiting paragraph 3, the requirements which the relevant drainage authority may
make under that paragraph include conditions requiring the undertaker at its own expense to
construct such protective works, whether temporary or permanent, before or during the construction
of the specified works (including the provision of flood banks, walls or embankments or other new
works and the strengthening, repair or renewal of existing banks, walls or embankments) as are
reasonably necessary—
(a) to safeguard any drainage work against damage; or
(b) to secure that the efficiency of any drainage work for flood defence and land drainage
purposes is not impaired and that the risk of flooding is not otherwise increased,
by reason of any specified work.
50.—(1) Subject to sub–paragraph (2), any specified work, and all protective works required by
the relevant drainage authority under paragraph 4 must be constructed—
(a) without unreasonable delay in accordance with the plans approved or deemed to have been
approved or settled under this Part of this Schedule; and
(b) to the reasonable satisfaction of the relevant drainage authority
and an officer of the relevant drainage authority is entitled to watch and inspect the construction
of such works.
(2) The undertaker must give to the relevant drainage authority—
(a) not less than 14 days’ notice in writing of its intention to commence construction of any
specified work and any protective work; and
(b) notice in writing of its completion not later than 7 days after the date on which it is
completed.
(3) If the relevant drainage authority reasonably requires, the undertaker must construct all or
part of the protective works so that they are in place prior to the construction of the specified work
to which the protective works relate.
(4) If any part of a specified work or any protective work required by the relevant drainage
authority is constructed otherwise than in accordance with the requirements of this Part of this
Schedule, the relevant drainage authority may by notice in writing require the undertaker at the
undertaker’s expense to comply with the requirements of this Part of this Schedule or (if the
undertaker so elects and the relevant drainage authority in writing consents, such consent not to
be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal
is required, to restore the site to its former condition to the reasonable satisfaction of the relevant
drainage authority and to such extent and within such limits as the relevant drainage authority may
reasonably require.
(5) Subject to sub–paragraph (6) and paragraph 10 if, within a reasonable period, being not
less than 28 days beginning with the date when a notice under sub–paragraph (4) is served on the
undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the
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notice and has not subsequently made reasonably expeditious progress towards their implementation,
the relevant drainage authority may execute the works specified in the notice and any expenditure
reasonably incurred by the relevant drainage authority in so doing is recoverable from the undertaker.
(6) In the event of any dispute as to whether sub–paragraph (4) is properly applicable to any work
in respect of which notice has been served under that sub–paragraph, or as to the reasonableness of
any requirement of such a notice, the relevant drainage authority must not except in the case of an
emergency exercise the powers conferred by sub–paragraph (5) until the dispute has been finally
determined in accordance with paragraph 11.
51.—(1) Subject to sub-paragraph (5) the undertaker must from the commencement of the
construction of the specified works maintain in good repair and condition and free from obstruction
any drainage work which is situated within the limits of deviation and on land held by the undertaker
for the purposes of or in connection with the specified works and any protective work, whether or not
the drainage work is constructed under the powers conferred by this Order or is already in existence.
(2) If any such drainage work which the undertaker is liable to maintain is not maintained to
the reasonable satisfaction of the relevant drainage authority, the relevant drainage authority may by
notice in writing require the undertaker to repair and restore the work, or any part of such work, or
(if the undertaker so elects and the relevant drainage authority in writing consents, such consent not
to be unreasonably withheld or delayed), to remove the specified work and any protective work and
restore the site to its former condition, to such extent and within such limits as the relevant drainage
authority reasonably requires.
(3) Subject to sub-paragraph (4) and paragraph 10, if, within a reasonable period, being not less
than 28 days beginning with the date on which a notice in respect of any drainage work is served
under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply
with the reasonable requirements of the notice and has not subsequently made reasonably expeditious
progress towards their implementation, the relevant drainage authority may do what is reasonably
necessary for such compliance and any reasonable expenditure incurred by the relevant drainage
authority in so doing is recoverable from the undertaker.
(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under
sub-paragraph (2), the relevant drainage authority must not, except in the case of an emergency,
exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in
accordance with paragraph 11.
(5) This paragraph does not apply to—
(a) drainage works which are vested in the relevant drainage authority, or which the relevant
drainage authority or another person is liable to maintain and is not prevented by the
powers of the Order from doing so; and
(b) any obstruction of a drainage work for the purpose of a work or operation authorised by
this Order and carried out in accordance with the provisions of this Part of this Schedule
provided that any obstruction is removed as soon as reasonably practicable.
52. If by reason of the construction of any specified work and any protective work or of the failure
of any such work the efficiency of any drainage work for flood defence purposes or land drainage
is impaired, or the drainage work is otherwise damaged, the impairment or damage must be made
good by the undertaker to the reasonable satisfaction of the relevant drainage authority and, if the
undertaker fails to do so, the relevant drainage authority may make good the impairment or damage
and recover from the undertaker the expense reasonably incurred by it in doing so.
53. If by reason of construction of the specified work the relevant drainage authority’s access to
land drainage infrastructure, flood defences or equipment maintained for flood defence purposes is
materially obstructed, the undertaker must provide such alternative means of access that will allow
the relevant drainage authority to maintain the land drainage infrastructure, flood defence or use the
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equipment no less effectively than was possible before the obstruction within 24 hours of or as soon
as reasonably practicable after the undertaker becoming aware of such obstruction.
54. The undertaker must indemnify the relevant drainage authority in respect of costs, charges
and expenses which the relevant drainage authority may reasonably incur by reason of—
(a) the review, examination or approval of plans under this Part of this Schedule;
(b) the inspection of the proposed location of the specified work or any protective works and
the construction of the specified work or any protective works required by the relevant
drainage authority under this Part of this Schedule; or
(c) the carrying out of any surveys or tests by the relevant drainage authority which are
reasonably required in connection with the construction of the specified works and any
protective work.
55.—(1) Without limiting the other provisions of this Part of this Schedule, the undertaker must
indemnify the relevant drainage authority in respect of all costs and losses, liabilities proceedings,
damages, expenses, claims and demands not otherwise provided for in this Schedule which may be
made or taken against, recovered from or incurred by the relevant drainage authority by reason of,
or arising out of—
(a) any damage to any drainage work so as to impair its efficiency for the purposes of flood
defence;
(b) any raising or lowering of the water table in land adjoining the authorised development
or any sewers, drains and watercourse; or
(c) any flooding or increased flooding of any such land,
that is caused by the construction, operation or maintenance of any specified works, the protective
work or the failure of any such works comprised within them or by any act or omission of the
undertaker, its employees, contractors or agents or others whilst engaged upon the construction,
operation or maintenance of the specified works and protective works or dealing with any failure of
the specified works and protective work.
(2) The relevant drainage authority must give to the undertaker reasonable notice of any such
claim or demand, and must not settle or compromise a claim without the agreement of the undertaker
and that agreement must not be unreasonably withheld or delayed.
(3) The relevant drainage authority must take such steps as are reasonably practicable to prevent
and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss to which the
indemnity under sub-paragraph (1) applies.
(4) The fact that any work or thing may have been done by the undertaker in accordance with
a plan approved or deemed approved by the relevant drainage authority, or to its satisfaction, or
in accordance with any directions or award of an arbitrator, does not relieve the undertaker from
liability under this Part of this Schedule.
(5) Nothing in this paragraph imposes any liability on the undertaker with respect to any costs,
charges, expenses, damages, claims, demands or losses to the extent that they are attributable to the
neglect or default of the relevant drainage authority, its officers, servants, contractors or agents.
56. Any dispute arising between the undertaker and the relevant drainage authority under this Part
of this Schedule, if the parties agree, must be determined by arbitration under article 38 (arbitration)
but failing agreement must be determined by the Secretary of State for Environment, Food and Rural
Affairs or its successor and the Secretary of State for Energy Security and Net Zero or its successor
acting jointly on a reference to them by the undertaker or the relevant drainage authority, after notice
in writing by one to the other.
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PART 6
Protection for the Harbour Authority
57. For the protection of the Harbour Authority as referred to in this Part of this Schedule the
following provisions have effect, unless otherwise agreed in writing between the undertaker and
Harbour Authority.
Interpretation
58. In this Part of this Schedule—
“business day” means any day other than a Saturday, a Sunday or a day on which commercial
banks in London are generally closed for business other than automated business;
“Harbour Authority” means Port of Boston Limited (registered company number 02198182)
being the harbour authority for the Port of Boston, as defined in the Harbours Act 1964, and
includes the harbour master and its statutory successors;
“plans” includes sections, descriptions, drawings, specifications, indicative programme of
works, risk assessments and method statements pertaining to the specified work;
“Port of Boston” means the harbour undertaking of the Harbour Authority vested in it by the
Boston Harbour Revision Order 1989;
“specified work” means in relation to any work or operation authorised by this Order as is
situated—
(a) inside of the channel width defined by the mean low water springs contour, at a depth
less than or at -8m AOD; or
(b) outside of the channel width defined by the mean low water springs contour, at a depth
less than or at -4m AOD;
in the river Haven within the Port of Boston or anywhere in its jurisdiction;
Submission and approval of plans
59.—(1) Before beginning to construct any work authorised by this Order within the harbour
limits of the Port of Boston, the undertaker must submit to the Harbour Authority plans of the
intended work and any such further particulars as the Harbour Authority may reasonably require
within 20 business days of the submission of the plans. The undertaker must state whether the works
are specified works or not.
(2) Any such specified work must not be constructed except in accordance with such plans and
further particulars as may be approved in writing by the Harbour Authority.
(3) Any approval of the Harbour Authority required under this paragraph—
(a) must not be unreasonably withheld or delayed;
(b) shall be deemed to be given if it is—
(i)neither given nor refused; or
(ii)refused without an indication of the grounds for refusal,
within 30 business days of the submission of the plans or where further particulars are
submitted under sub-paragraph (1), within 20 business days of the submission of those
further particulars; and
(c) may be given subject to such reasonable requirements or conditions as the Harbour
Authority may make for the safety of navigation, including the protection for anchoring
and dredging activities that may be carried on in the area of the specified works.
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(4) The Harbour Authority must not withhold approval required under this paragraph except on
the ground that the specified work may impact the safety of navigation.
(5) Any refusal under this paragraph must be accompanied by a statement of the grounds of
refusal.
(6) No approval is required by the Harbour Authority for work authorised by this Order other
than specified work.
Construction of specified works and service of notices
60. The Harbour Authority is entitled by its officer to watch and inspect the construction of such
works.
61. The undertaker must give to the Harbour Authority not less than 10 business days’ notice in
writing of its intention to commence construction of any work authorised by this Order and notice
in writing of its completion not later than 10 business days after the date on which it is completed.
Harbour legislation
62. Subject to article 33 and the terms of this Part, nothing in this Order prejudices or derogates
from any of the powers, rights or privileges, or the jurisdiction or authority, of the Harbour Authority.
63. The undertaker shall not require any further approval or licence from the Harbour Authority
in respect of work approved or deemed to have been approved or settled under this Part of this
Schedule including any approval or licence specified to be required by the local enactments and
local byelaws set out in article 33(1).
PART 7
Protection for National Grid Electricity Transmission Plc
Application
64.—(1) For the protection of National Grid Electricity Transmission Plc as referred to in this Part
of this Schedule the following provisions have effect, unless otherwise agreed in writing between
the undertaker and National Grid Electricity Transmission Plc.
(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the
undertaker and National Grid Electricity Transmission Plc, where the benefit of this Order is
transferred or granted to another person under article 5 (benefit of the Order)—
(a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made
between National Grid Electricity Transmission Plc and the transferee or grantee (as the
case may be) in all cases where the transfer of the benefit relates to any specified works;
and
(b) written notice of the transfer or grant must be given to National Grid Electricity
Transmission Plc on or before the date of that transfer or grant.
(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to
National Grid Electricity Transmission Plc (but without prejudice to paragraph 11(3)(b).
Interpretation
65. In this Part of this Schedule—
“1991 Act” means the New Roads and Street Works Act 1991;
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“acceptable credit provider” means a bank or financial institution with a credit rating that is
not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch
Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.;
“acceptable insurance” means general third party liability insurance effected and maintained
by the undertaker with a combined property damage and bodily injury limit of indemnity of
not less than a sum to be notified to the undertaker by National Grid Electricity Transmission
Plc and agreed in writing between the parties. Evidence of that insurance must be provided to
National Grid Electricity Transmission Plc on request. Such insurance must be maintained (a)
during the construction period of the authorised works; and (b) after the construction period of
the authorised works in respect of any use and maintenance of the authorised development by
or on behalf of the undertaker which constitute specified works and arranged with an insurer
whose security/credit rating meets the same requirements as an “acceptable credit provider”,
such insurance must include (without limitation)—
(a) a waiver of subrogation and an indemnity to principal clause in favour of National Grid
Electricity Transmission Plc;
(b) pollution liability for third party property damage and third party bodily damage arising
from any pollution/contamination event with a (sub)limit of indemnity of not less than a
sum to be notified to the undertaker by National Grid Electricity Transmission Plc and
agreed in writing between the parties;
“acceptable security” means either:
(a) a parent company guarantee or guarantees from any parent company or companies of
the undertaker in favour of National Grid Electricity Transmission Plc to cover the
undertaker’s liability to National Grid Electricity Transmission Plc to a total liability cap )
in an amount to be notified to the undertaker by National Grid Electricity Transmission
Plc and agreed in writing between the parties (in a form reasonably satisfactory to
National Grid Electricity Transmission Plc and where the relevant parent company is
incorporated in a jurisdiction outside of the United Kingdom, accompanied with a legal
opinion confirming the due capacity and authorisation of such parent company to enter
into and be bound by the terms of such guarantee); or
(b) a bank bond or letter of credit from an acceptable credit provider in favour of National
Grid Electricity Transmission Plc to cover the undertaker’s liability to National Grid
Electricity Transmission Plc for an amount to be notified to the undertaker by National
Grid Electricity Transmission Plc and agreed in writing between the parties (in a form
reasonably satisfactory to National Grid Electricity Transmission Plc);
“alternative apparatus” means appropriate alternative apparatus to the satisfaction of National
Grid Electricity Transmission Plc to enable National Grid Electricity Transmission Plc to fulfil
its statutory functions in a manner no less efficient than previously;
“apparatus” means—
(a) any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or
maintained by National Grid Electricity Transmission Plc together with any replacement
apparatus;
(b) such other apparatus constructed pursuant to the Order that becomes operational
apparatus of National Grid Electricity Transmission Plc for the purposes of transmission,
distribution and/or supply and includes any structure in which apparatus is or will be
lodged or which gives or will give access to apparatus; and
(c) any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or
maintained by National Grid Electricity Transmission Plc together with any replacement
apparatus constructed as part of the Proposed NGET Projects, whether temporary or
permanent (“Proposed NGET Projects apparatus”);
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“authorised works” has the same meaning as is given to the term “authorised development”
in article 2(1) of this Order and includes any associated development authorised by the Order
and for the purposes of this Part of this Schedule includes the use and maintenance of the
authorised works and construction of any works authorised by this Schedule;
“commence” and “commencement” in this Part of this Schedule includes any below ground
surveys monitoring, ground work operations or the receipt and erection of construction plant
and equipment;
“deed of consent” means a deed of consent, crossing agreement, deed of variation or new
deed of grant agreed between the parties acting reasonably in order to vary or replace existing
easements, agreements, enactments and other such interests so as to secure land rights and
interests as are necessary to carry out, maintain, operate and use the apparatus in a manner
consistent with the terms of this Part of this Schedule;
“EGL3” means the Eastern Greenlink 3 Project;
“EGL4” means the Eastern Greenlink 4 Project;
“functions” includes powers and duties;
“Grimsby to Walpole” means the Grimsby to Walpole Project;
“ground mitigation scheme” means a scheme approved by National Grid Electricity
Transmission Plc (such approval not to be unreasonably withheld or delayed) setting out the
necessary measures (if any) for a ground subsidence event;
“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out
the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the
manner in which ground levels are to be monitored, the timescales of any monitoring activities
and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for
National Grid Electricity Transmission Plc’s approval a ground mitigation scheme;
“ground subsidence event” means any ground subsidence identified by the monitoring
activities set out in the ground monitoring scheme that has exceeded the level described in the
ground monitoring scheme as requiring a ground mitigation scheme;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to
apparatus or alternative apparatus under, over, across, along or upon such land;
“Incentive Deduction” means any incentive deduction National Grid Electricity Transmission
Plc receives under its electricity transmission licence which is caused by an event on its
transmission system that causes electricity not to be supplied to a demand customer and which
arises as a result of the authorised works;
“maintain” and “maintenance” includes the ability and right to do any of the following in
relation to any apparatus or alternative apparatus of National Grid Electricity Transmission
Plc: construct, use, repair, alter, inspect, renew or remove the apparatus;
“National Grid Electricity Transmission Plc” means National Grid Electricity Transmission Plc
(Company Number 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH
or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989;
“NESO” means as defined in the STC;
“NGET offshore buffer zone” means the areas identified as the EGL3 offshore buffer zone, and
the EGL4 offshore buffer zone on the NGET protective provisions offshore buffer zone plan;
“NGET protective provisions offshore buffer zone plan” means the plan entitled NGET
protective provisions offshore buffer zone plan and certified as the NGET protective provisions
offshore buffer zone plan for the purposes of this Part of this Schedule;
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“NGET protective provisions plan” means the plan entitled NGET protective provisions plan
and certified as the NGET protective provisions plan for the purposes of this Part of this
Schedule;
“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports,
programmes, calculations, risk assessments and other documents that are reasonably necessary
properly and sufficiently to describe and assess the works to be executed;
“parent company” means a parent company of the undertaker acceptable to and which has been
approved by National Grid Electricity Transmission Plc acting reasonably;
“specified works” means any of the authorised works or activities undertaken in association
with the authorised works which—
(a) will or may be situated over, or within 15 metres measured in any direction of any
apparatus the removal of which has not been required by the undertaker under paragraph
7(2) or otherwise; and/or
(b) may in any way adversely affect any apparatus the removal of which has not been
required by the undertaker under paragraph 7(2) or otherwise; and/or
(c) includes any of the activities that are referred to in development near overhead lines
EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.
“Proposed NGET Projects” means together: EGL3, EGL4 and Grimsby to Walpole;
“Proposed NGET Projects Sites” include—
(d) land on which any Proposed NGET Projects apparatus is situated; and
(e) land on which Proposed NGET Projects apparatus is anticipated to be situated (in so far
as the same has at any time been notified by National Grid Electricity Transmission Plc
in writing to the undertaker);
“STC” means the System Operator Transmission Owner Code prepared by the electricity
Transmission Owners and NESO as modified from time to time;
“STC Claims” means any claim made under the STC against National Grid Electricity
Transmission Plc arising out of or in connection with the de-energisation (whereby no
electricity can flow to or from the relevant system through the generator or interconnector’s
equipment) of a generator or interconnector party solely as a result of the de-energisation of
plant and apparatus forming part of National Grid Electricity Transmission Plc’s transmission
system which arises as a result of the authorised works;
“Transmission Owner” means as defined in the STC; and
“undertaker” means the undertaker as defined in article 2(1) of this Order.
Interaction with the Proposed NGET Projects
66. Without limiting any other provision of this Part of this Schedule, the undertaker must use
reasonable endeavours to avoid any conflict arising between the carrying out, maintenance and
operation of the authorised development and the Proposed NGET Projects. For the purposes of this
paragraph, “reasonable endeavours” means—
(a) undertaking consultation with National Grid Electricity Transmission Plc on detailed
design and programming of the authorised works, taking into account such reasonable
representations as National Grid Electricity Transmission Plc may provide in relation to
proposed plans and timetables;
(b) having regard to the anticipated programme of works for the Proposed NGET Projects and
facilitating a co-ordinated approach to construction programming, land assembly, and the
carrying out of the authorised works and the Proposed NGET Projects where reasonably
possible;
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(c) where possible, and subject to National Grid Electricity Transmission Plc having all
necessary consents and rights in place, undertaking the placing of ducting or making
provision for the Proposed NGET Projects; and
(d) providing a point of contact for continuing liaison and co-ordination throughout the
construction and operation of the authorised works.
On Street Apparatus
67. Except for paragraphs 5 (apparatus of National Grid Electricity Transmission Plc in closed
streets), 9 (retained apparatus: protection), 10 (expenses) and 11 (indemnity) of this Schedule which
will apply in respect of the exercise of all or any powers under the Order affecting the rights and
apparatus of National Grid Electricity Transmission Plc, the other provisions of this Schedule do
not apply to apparatus in respect of which the relations between the undertaker and National Grid
Electricity Transmission Plc are regulated by the provisions of Part 3 of the 1991 Act.
Apparatus of National Grid Electricity Transmission Plc in closed streets
68. Notwithstanding the temporary closure or diversion of any streets under the powers of article
10 (temporary closure of public rights of way) and Article 11 (temporary closure of streets), National
Grid Electricity Transmission Plc is at liberty at all times to take all necessary access across any such
closed street and to execute and do all such works and things in, upon or under any such street as
may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time
of the closure or diversion was in that street.
Acquisition of land
69.—(1) Regardless of any provision in this Order or anything shown on the land plans or
contained in the book of reference to the Order, the undertaker may not—
(a) appropriate or acquire or take temporary possession of any land or apparatus of National
Grid Electricity Transmission Plc; or
(b) appropriate, acquire, extinguish, interfere with or override any easement, other interest or
right and/or apparatus of National Grid Electricity Transmission Plc,
otherwise than by agreement.
(2) Regardless of any provision in this Order or anything shown on the land plans, the undertaker
must not unless otherwise agreed in writing acquire any land shown coloured purple on the NGET
protective provisions plan.
(3) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying
out of any part of the authorised works (or in such other timeframe as may be agreed between
National Grid Electricity Transmission Plc and the undertaker) that is subject to the requirements of
this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other
legal or land interest of National Grid Electricity Transmission Plc or affect the provisions of any
enactment or agreement regulating the relations between National Grid Electricity Transmission Plc
and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the
undertaker, the undertaker must as National Grid Electricity Transmission Plc reasonably requires
enter into such deeds of consent upon such terms and conditions as may be agreed between National
Grid Electricity Transmission Plc and the undertaker acting reasonably and which must be no less
favourable on the whole to National Grid Electricity Transmission Plc unless otherwise agreed by
National Grid Electricity Transmission Plc, and it will be the responsibility of the undertaker to
procure and/or secure the consent and entering into of such deeds and variations by all other third
parties with an interest in the land at that time who are affected by such authorised works.
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(4) Save where otherwise agreed in writing between National Grid Electricity Transmission Plc
and the undertaker, the undertaker and National Grid Electricity Transmission Plc agree that where
there is any inconsistency or duplication between the provisions set out in this Part of this Schedule
relating to the relocation and/or removal of apparatus/including but not limited to the payment of
costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any
existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National
Grid Electricity Transmission Plc and/or other enactments relied upon by National Grid Electricity
Transmission Plc as of right or other use in relation to the apparatus, then the provisions in this
Schedule prevails.
(5) Any agreement or consent granted by National Grid Electricity Transmission Plc under
paragraph 9 or any other paragraph of this Part of this Schedule, is not to be taken to constitute
agreement under sub-paragraph (1).
Removal of apparatus
70.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any
interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not
be removed under this Part of this Schedule and any right of National Grid Electricity Transmission
Plc to maintain that apparatus in that land must not be extinguished until alternative apparatus has
been constructed, and is in operation to the reasonable satisfaction of National Grid Electricity
Transmission Plc in accordance with sub-paragraph (2) to (5).
(2) If, for the purpose of executing any works in, on, under or over any land purchased, held,
appropriated or used under this Order, the undertaker requires the removal of any apparatus placed
in that land, it must give to National Grid Electricity Transmission Plc advance written notice of
that requirement, together with a plan of the work proposed, and of the proposed position of the
alternative apparatus to be provided or constructed and in that case (or if in consequence of the
exercise of any of the powers conferred by this Order National Grid Electricity Transmission Plc
reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3),
secure any necessary consents for the alternative apparatus and afford to National Grid Electricity
Transmission Plc to its satisfaction (taking into account paragraph 8(1) below) the necessary facilities
and rights—
(a) for the construction of alternative apparatus in other land of or land secured by the
undertaker; and
(b) subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in
other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities
and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or
part of such apparatus is to be constructed, National Grid Electricity Transmission Plc may in its
sole discretion, on receipt of a written notice to that effect from the undertaker, take such steps as
are reasonable in the circumstances to assist the undertaker to obtain the necessary facilities and
rights in the land in which the alternative apparatus is to be constructed save that this obligation does
not extend to the requirement for National Grid Electricity Transmission Plc to use its compulsory
purchase powers to this end unless it elects to so do.
(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under
this Part of this Schedule must be constructed in such manner and in such line or situation as may
be agreed between National Grid Electricity Transmission Plc and the undertaker.
(5) National Grid Electricity Transmission Plc must, after the alternative apparatus to be provided
or constructed has been agreed, and subject to a written diversion agreement having been entered
into between the parties and the grant to National Grid Electricity Transmission Plc of any such
facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary
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delay to construct and bring into operation the alternative apparatus and subsequently to remove any
apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
Facilities and rights for alternative apparatus
71.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker
affords to or secures for National Grid Electricity Transmission Plc facilities and rights in land for the
construction, use, maintenance and protection of alternative apparatus in substitution for apparatus
to be removed, those facilities and rights must be granted upon such terms and conditions as may
be agreed between the undertaker and National Grid Electricity Transmission Plc and must be no
less favourable on the whole to National Grid Electricity Transmission Plc than the facilities and
rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National
Grid Electricity Transmission Plc.
(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative
apparatus, and the terms and conditions subject to which those facilities and rights are to be granted,
are less favourable on the whole to National Grid Electricity Transmission Plc than the facilities and
rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which
those facilities and rights are subject the matter may be referred to arbitration in accordance with
paragraph 15 (Arbitration) of this Part of this Schedule and the arbitrator must make such provision
for the payment of compensation by the undertaker to National Grid Electricity Transmission Plc as
appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Retained apparatus: protection
72.—(1) Not less than 56 days before the commencement of any specified works the undertaker
must submit to National Grid Electricity Transmission Plc a plan of the works to be executed and seek
from National Grid Electricity Transmission Plc details of the underground extent of their electricity
assets.
(2) In relation to specified works the plan to be submitted to National Grid Electricity
Transmission Plc under sub-paragraph (1) must include a method statement and describe—
(a) the exact position of the specified works;
(b) the level at which these are proposed to be constructed or renewed;
(c) the manner of their construction or renewal including details of excavation, positioning
of plant;
(d) the position of all apparatus;
(e) by way of detailed drawings, every alteration proposed to be made to or close to any such
apparatus;
(f) any intended maintenance regimes; and
(g) an assessment of risks of rise of earth issues.
(h) a ground monitoring scheme, where required.
(3) In relation to any works which will or may be situated on, over, under or within 10 metres
of any part of the foundations of an electricity tower or between any two or more electricity towers,
the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub-
paragraph (2), include a method statement describing—
(a) details of any cable trench design including route, dimensions, clearance to pylon
foundations;
(b) demonstration that pylon foundations will not be affected by the specified works prior to,
during and post construction;
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(c) details of load bearing capacities of the trenches;
(d) details of any cable installation methodology including access arrangements, jointing bays
and backfill methodology;
(e) a written management plan for high voltage hazard during construction and ongoing
maintenance of any cable route;
(f) written details of the operations and maintenance regime for any cable, including
frequency and method of access;
(g) assessment of earth rise potential if reasonably required by National Grid Electricity
Transmission Plc’s engineers; and
(h) evidence that trench bearing capacity is to be designed to support overhead line
construction traffic of up to and including 26 tonnes in weight.
(4) The undertaker must not commence any works to which sub-paragraphs (2) or (3) apply until
National Grid Electricity Transmission Plc has given written approval of the plan so submitted.
(5) Any approval of National Grid Electricity Transmission Plc required under sub-paragraph (4)
—
(a) may be given subject to reasonable conditions for any purpose mentioned in sub-
paragraphs (6) or (8); and,
(b) must not be unreasonably withheld.
(6) In relation to any work to which sub-paragraphs (2) or (3) apply, National Grid Electricity
Transmission Plc may require such modifications to be made to the plans as may be reasonably
necessary for the purpose of securing its apparatus against interference or risk of damage, for the
provision of protective works or for the purpose of providing or securing proper and convenient
means of access to any apparatus.
(7) Works executed under sub-paragraphs (2) or (3) must be executed in accordance with the
plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or as amended
from time to time by agreement between the undertaker and National Grid Electricity Transmission
Plc and in accordance with such reasonable requirements as may be made in accordance with sub-
paragraphs (6) or (8) by National Grid Electricity Transmission Plc for the alteration or otherwise
for the protection of the apparatus, or for securing access to it, and National Grid Electricity
Transmission Plc will be entitled to watch and inspect the execution of those works.
(8) Where National Grid Electricity Transmission Plc requires any protective works to be carried
out by itself or by the undertaker (whether of a temporary or permanent nature) such protective
works, inclusive of any measures or schemes required and approved as part of the plan approved
pursuant to this paragraph, must be carried out to National Grid Electricity Transmission Plc’s
satisfaction prior to the commencement of any authorised works (or any relevant part thereof) for
which protective works are required and National Grid Electricity Transmission Plc must give notice
of its requirement for such works within 42 days of the date of submission of a plan pursuant to this
paragraph (except in an emergency).
(9) If National Grid Electricity Transmission Plc in accordance with sub-paragraphs (6) or (8)
and in consequence of the works proposed by the undertaker, reasonably requires the removal of
any apparatus and gives written notice to the undertaker of that requirement, sub-paragraphs (1) to
(3) and (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under
paragraph 7(2).
(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from
time to time, but in no case less than 56 days before commencing the execution of the specified
works, a new plan, instead of the plan previously submitted, and having done so the provisions of
this paragraph apply to and in respect of the new plan.
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(11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to
carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid
Electricity Transmission Plc notice as soon as is reasonably practicable and a plan of those works
and must comply with sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the
circumstances and comply with sub-paragraph (11) at all times.
(12) At all times when carrying out any works authorised under the Order, the undertaker
must comply with National Grid Electricity Transmission Plc’s policies for development near
overhead lines EN43-8,HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines” and
National Grid’s Technical Guidance Note 287 “Third-party guidance for working near National Grid
Electricity Transmission Equipment”.
Expenses
73.—(1) Save where otherwise agreed in writing between National Grid Electricity Transmission
Plc and the undertaker and subject to the following provisions of this paragraph, the undertaker must
pay to National Grid Electricity Transmission Plc within 30 days of receipt of an itemised invoice
or claim from National Grid Electricity Transmission Plc all charges, costs and expenses reasonably
anticipated within the following three months or reasonably and properly incurred by National Grid
Electricity Transmission Plc in, or in connection with, the inspection, removal, relaying or replacing,
alteration or protection of any apparatus or the construction of any new or alternative apparatus
which may be required in consequence of the execution of any authorised works including without
limitation—
(a) any costs reasonably incurred by or compensation properly paid by National Grid
Electricity Transmission Plc in connection with the acquisition of rights or the exercise
of statutory powers for such apparatus including without limitation all costs incurred by
National Grid Electricity Transmission Plc as a consequence of National Grid Electricity
Transmission Plc—
(i)using its own compulsory purchase powers to acquire any necessary rights under
paragraph 7(3); or
(ii)exercising any compulsory purchase powers in the Order transferred to or benefitting
National Grid Electricity Transmission Plc;
(b) in connection with the cost of the carrying out of any diversion work or the provision of
any alternative apparatus, where no written diversion agreement is otherwise in place;
(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant
apparatus;
(d) the approval of plans;
(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining
and renewing permanent protective works;
(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the
installation or removal of any temporary works reasonably necessary in consequence of
the execution of any such works referred to in this Part of this Schedule.
(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any
apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part
of the alternative apparatus, that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a) apparatus of better type, of greater capacity or of greater dimensions is placed in
substitution for existing apparatus of worse type, of smaller capacity or of smaller
dimensions; or
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(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is
placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus
at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is
not determined by arbitration in accordance with paragraph 15 (arbitration) to be necessary, then, if
such placing involves cost in the construction of works under this Part of this Schedule exceeding
that which would have been involved if the apparatus placed had been of the existing type, capacity
or dimensions, or at the existing depth, as the case may be, the amount which apart from this
sub-paragraph would be payable to National Grid Electricity Transmission Plc by virtue of sub-
paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible
in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or
place at the existing depth in which case full costs will be borne by the undertaker.
(4) For the purposes of sub-paragraph (3)—
(a) an extension of apparatus to a length greater than the length of existing apparatus will
not be treated as a placing of apparatus of greater dimensions than those of the existing
apparatus; and
(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary,
the consequential provision of a jointing chamber or of a manhole will be treated as if it
also had been agreed or had been so determined.
(5) Any amount which apart from this sub-paragraph would be payable to National Grid
Electricity Transmission Plc in respect of works by virtue of sub-paragraph (1) will, if the works
include the placing of apparatus provided in substitution for apparatus placed more than 7 years and
6 months earlier so as to confer on National Grid Electricity Transmission Plc any financial benefit
by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the
amount which represents that benefit.
Indemnity
74.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction
of any works authorised by this Part of this Schedule or in consequence of the construction, use,
maintenance or failure of any of the authorised works by or on behalf of the undertaker or in
consequence of any act or default of the undertaker (or any person employed or authorised by him)
in the course of carrying out such works, including without limitation works carried out by the
undertaker under this Part of this Schedule or any subsidence resulting from any of these works,
any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of
which is not reasonably necessary in view of its intended removal for the purposes of the authorised
works) or property of National Grid Electricity Transmission Plc, or there is any interruption in any
service provided, or in the supply of any goods, by National Grid Electricity Transmission Plc, or
National Grid Electricity Transmission Plc becomes liable to pay any amount to any third party, the
undertaker will—
(a) bear and pay on demand accompanied by an invoice or claim from National Grid
Electricity Transmission Plc the cost reasonably and properly incurred by National Grid
Electricity Transmission Plc in making good such damage or restoring the supply; and
(b) indemnify National Grid Electricity Transmission Plc for any other expenses, loss,
demands, proceedings, damages, claims, penalty or costs incurred by or recovered from
National Grid Electricity Transmission Plc, by reason or in consequence of any such
damage or interruption and National Grid Electricity Transmission Plc becoming liable to
any third party and including STC Claims or an Incentive Deduction other than arising
from any default of National Grid Electricity Transmission Plc.
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(2) The fact that any act or thing may have been done by National Grid Electricity Transmission
Plc on behalf of the undertaker or in accordance with a plan approved by National Grid Electricity
Transmission Plc or in accordance with any requirement of National Grid Electricity Transmission
Plc or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from
liability under the provisions of this sub-paragraph (1) unless National Grid Electricity Transmission
Plc fails to carry out and execute the works properly with due care and attention and in a skilful and
workman like manner or carries out the works in a manner that does not accord with the approved
plan.
(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—
(a) any damage or interruption to the extent that it is attributable to the neglect or default of
National Grid Electricity Transmission Plc, its officers, servants, contractors or agents;
(b) any authorised works and/or any other works authorised by this Part of this Schedule
carried out by National Grid Electricity Transmission Plc as an assignee, transferee or
lessee of the undertaker with the benefit of the Order pursuant to section 156 of the
Planning Act 2008 or article 5 (benefit of the Order) subject to the proviso that once such
works become apparatus (“new apparatus”), any authorised works yet to be executed and
not falling within this sub-paragraph 3(b) will be subject to the full terms of this Part of
this Schedule including this paragraph 11; and/or
(c) any indirect or consequential loss of any third party (including but not limited to loss of use,
revenue, profit, contract, production, increased cost of working or business interruption)
arising from any such damage or interruption, which is not reasonably foreseeable;
(4) National Grid Electricity Transmission Plc must give the undertaker reasonable notice of any
such third party claim or demand and no settlement, admission of liability or compromise must,
unless payment is required in connection with a statutory compensation scheme, be made without
first consulting the undertaker and considering their representations.
(5) National Grid Electricity Transmission Plc must, in respect of any matter covered by the
indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same
manner as it would as if settling third party claims on its own behalf from its own funds.
(6) National Grid Electricity Transmission Plc must use its reasonable endeavours to mitigate
and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under
this paragraph applies where it is within National Grid Electricity Transmission Plc’s reasonable
ability and control to do so and which expressly excludes any obligation to mitigate liability arising
from third parties which is outside of National Grid Electricity Transmission Plc’s control and if
reasonably requested to do so by the undertaker National Grid Electricity Transmission Plc must
provide an explanation of how the claim has been minimised, where relevant.
(7) Not to commence construction (and not to permit the commencement of such construction)
of the authorised works on any land owned by National Grid Electricity Transmission Plc or in
respect of which National Grid Electricity Transmission Plc has an easement or wayleave for its
apparatus or any other interest or to carry out any works within 15 metres of National Grid Electricity
Transmission Plc’s apparatus until the following conditions are satisfied—
(a) unless and until National Grid Electricity Transmission Plc is satisfied acting reasonably
(but subject to all necessary regulatory constraints) that the undertaker has first provided
the acceptable security (and provided evidence that it will maintain such acceptable
security for the construction period of the authorised works from the proposed date of
commencement of construction of the authorised works) and National Grid Electricity
Transmission Plc has confirmed the same to the undertaker in writing; and
(b) unless and until National Grid Electricity Transmission Plc is satisfied acting reasonably
(but subject to all necessary regulatory constraints) that the undertaker has procured
acceptable insurance (and provided evidence to National Grid Electricity Transmission Plc
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that it will maintain such acceptable insurance for the construction period of the authorised
works from the proposed date of commencement of construction of the authorised works)
and National Grid Electricity Transmission Plc has confirmed the same in writing to the
undertaker.
(8) In the event that the undertaker fails to comply with 11(7) of this Part of this Schedule, nothing
in this Part of this Schedule prevents National Grid Electricity Transmission Plc from seeking
injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.
Enactments and agreements
75. Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by
agreement in writing between National Grid Electricity Transmission Plc and the undertaker, nothing
in this Part of this Schedule affects the provisions of any enactment or agreement regulating the
relations between the undertaker and National Grid Electricity Transmission Plc in respect of any
apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
Co-operation
76.—(1) Where in consequence of the proposed construction of any part of the authorised works,
the undertaker or National Grid Electricity Transmission Plc requires the removal of apparatus under
paragraph 7(2) or National Grid Electricity Transmission Plc makes requirements for the protection
or alteration of apparatus under paragraph 9, the undertaker must use its best endeavours to co-
ordinate the execution of the works in the interests of safety and the efficient and economic execution
of the authorised works and taking into account the need to ensure the safe and efficient operation of
National Grid Electricity Transmission Plc’s undertaking and National Grid Electricity Transmission
Plc must use its best endeavours to co-operate with the undertaker for that purpose.
(2) For the avoidance of doubt whenever National Grid Electricity Transmission Plc’s consent,
agreement or approval is required in relation to plans, documents or other information submitted
by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld
or delayed.
(3) National Grid must supply the undertaker with regular updates in relation to the Proposed
NGET Projects and the Proposed NGET Projects Sites including (but not limited to) providing plans
for the Proposed NGET Projects and the anticipated programme of works for the Proposed NGET
Projects.
Access
77. If in consequence of the agreement reached in accordance with paragraph 6(1) or the powers
granted under this Order the access to any apparatus is materially obstructed, the undertaker must
provide such alternative means of access to such apparatus as will enable National Grid Electricity
Transmission Plc to maintain or use the apparatus no less effectively than was possible before such
obstruction.
Arbitration
78. Save for differences or disputes arising under paragraph 7(2), 7(4) 8(1) and 9 any difference or
dispute arising between the undertaker and National Grid Electricity Transmission Plc under this Part
of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid
Electricity Transmission Plc, be determined by arbitration in accordance with article 38 (arbitration).
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Notices
79. Notwithstanding article 46 (service of notices), any plans submitted to National Grid
Electricity Transmission Plc by the undertaker pursuant to paragraph 9 must be submitted using
the LSBUD system ( https://lsbud.co.uk/) or to such other address as National Grid Electricity
Transmission Plc may from time to time appoint instead for that purpose and notify to the undertaker
in writing.
Restriction on authorised development
80. No part of Work No. 9 (artificial nesting structures) shall be erected within or within 500m
of the NGET offshore buffer zone unless otherwise mutually agreed in writing between NGET and
the undertaker, both parties acting reasonably.
PART 8
Protection for National Gas Transmission Plc
Application
81.—(1) For the protection of National Gas as referred to in this Part of this Schedule the
following provisions have effect, unless otherwise agreed in writing between the undertaker and
National Gas.
(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the
undertaker and National Gas, where the benefit of this Order is transferred or granted to another
person under article 5 (benefit of the Order)—
(a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made
between National Gas and the transferee or grantee (as the case may be) in all cases where
the transfer of the benefit relates to any specified works; and
(b) written notice of the transfer or grant must be given to National Gas on or before the date
of that transfer or grant.
(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to
National Gas (but without prejudice to 11(3)b).
Interpretation
82. In this Part of this Schedule—
“acceptable credit provider” means a bank or financial institution with a credit rating that is
not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch
Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.;
“acceptable insurance” means general third party liability insurance effected and maintained
by the undertaker with a combined property damage and bodily injury limit of indemnity of
not less than £50,000,000.00 (fifty million pounds) per occurrence or series of occurrences
arising out of one event. Such insurance must be maintained (a) during the construction period
of the authorised works; and (b) after the construction period of the authorised works in respect
of any use and maintenance of the authorised development by or on behalf of the undertaker
which constitute specified works and arranged with an insurer whose security/credit rating
meets the same requirements as an “acceptable credit provider”, such insurance must include
(without limitation)—
(a) a waiver of subrogation and an indemnity to principal clause in favour of National Gas;
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(b) pollution liability for third party property damage and third party bodily damage arising
from any pollution/contamination event with a (sub)limit of indemnity of not less than
£10,000,000.00 (ten million pounds) per occurrence or series of occurrences arising out
of one event or £20,000,000.00 (twenty million pounds) in aggregate;
“acceptable security” means either—
(a) a parent company guarantee from a parent company in favour of National Gas to cover
the undertaker’s liability to National Gas to a total liability cap of £50,000,000.00 (fifty
million pounds) (in a form reasonably satisfactory to National Gas and where required
by National Gas, accompanied with a legal opinion confirming the due capacity and
authorisation of the parent company to enter into and be bound by the terms of such
guarantee); or
(b) a bank bond or letter of credit from an acceptable credit provider in favour of National
Gas to cover the undertaker’s liability to National Gas for an amount of not less than
£10,000,000.00 (ten million pounds) per asset per event up to a total liability cap of
£50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to National
Gas);
“alternative apparatus” means appropriate alternative apparatus to the satisfaction of National
Gas to enable National Gas to fulfil its statutory functions in a manner no less efficient than
previously;
“apparatus” means any mains, pipes or other apparatus belonging to or maintained by National
Gas for the purposes of gas supply together with any replacement apparatus and such other
apparatus constructed pursuant to the Order that becomes operational apparatus of National
Gas for the purposes of transmission, distribution and/or supply and includes any structure in
which apparatus is or will be lodged or which gives or will give access to apparatus;
“authorised works” has the same meaning as is given to the term “authorised development”
in article 2(1) of this Order and includes any associated development authorised by the Order
and for the purposes of this Part of this Schedule includes the use and maintenance of the
authorised works and construction of any works authorised by this Schedule;
“commence” and “commencement” in this Part of this Schedule include any below ground
surveys, monitoring, ground work operations or the receipt and erection of construction plant
and equipment;
“deed of consent” means a deed of consent, crossing agreement, deed of variation or new
deed of grant agreed between the parties acting reasonably in order to vary or replace existing
easements, agreements, enactments and other such interests so as to secure land rights and
interests as are necessary to carry out, maintain, operate and use the apparatus in a manner
consistent with the terms of this Part of this Schedule;
“functions” includes powers and duties;
“ground mitigation scheme” means a scheme approved by National Gas (such approval not to
be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground
subsidence event;
“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out
the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the
manner in which ground levels are to be monitored, the timescales of any monitoring activities
and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for
National Gas’s approval a ground mitigation scheme;
“ground subsidence event” means any ground subsidence identified by the monitoring
activities set out in the ground monitoring scheme that has exceeded the level described in the
ground monitoring scheme as requiring a ground mitigation scheme;
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“in” in a context referring to apparatus or alternative apparatus in land includes a reference to
apparatus or alternative apparatus under, over, across, along or upon such land;
“maintain” and “maintenance” includes the ability and right to do any of the following in
relation to any apparatus or alternative apparatus of National Gas: construct, use, repair, alter,
inspect, renew or remove the apparatus;
“National Gas” means National Gas Transmission plc (Company Number 02006000) whose
registered office is at National Grid House, Warwick Technology Park, Gallows Hill, Warwick,
CV34 6DA or any successor as a gas transporter within the meaning of Part 1 of the Gas Act
1986;
“Network Code” means the network code prepared by National Gas pursuant to Standard
Special Condition A11(3) of its Gas Transporter’s Licence, which incorporates the Uniform
Network Code, as defined in Standard Special Condition A11(6) of National Gas’s Gas
Transporters Licence, as both documents are amended from time to time;
“Network Code Claims” means any claim made against National Gas by any person or loss
suffered by National Gas under the Network Code arising out of or in connection with any
failure by National Gas to make gas available for off take at, or a failure to accept gas tendered
for delivery from, any entry point to or exit point from the gas national transmission system
as a result of the authorised works or any costs and/or expenses incurred by National Gas as
a result of or in connection with, it taking action (including purchase or buy back of capacity)
for the purpose of managing constraint or potential constraint on the gas national transmission
system which may arise as a result of the authorised works;
“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports,
programmes, calculations, risk assessments and other documents that are reasonably necessary
properly and sufficiently to describe and assess the works to be executed;
“parent company” means a parent company of the undertaker acceptable to and which has been
approved by National Gas acting reasonably;
“specified works” means any of the authorised works or activities undertaken in association
with the authorised works which—
(a) will or may be situated over, or within 15 metres measured in any direction of any
apparatus the removal of which has not been required by the undertaker under paragraph
6(2) or otherwise; and/or
(b) may in any way adversely affect any apparatus the removal of which has not been
required by the undertaker under paragraph 6(2) or otherwise; and/or
(c) includes any of the activities that are referred to in paragraph 8 of T/SP/SSW/22 (National
Gas’s policies for safe working in proximity to gas apparatus “Specification for safe
working in the vicinity of National Gas, High pressure Gas pipelines and associated
installation requirements for third parties T/SP/SSW/22.
“undertaker” means the undertaker as defined in article 2(1) of this Order.
On Street Apparatus
83. Except for paragraphs 4 (apparatus of National Gas in closed streets), 8 (retained apparatus:
protection), 9 (expenses) and 10 (indemnity) of this Schedule which will apply in respect of the
exercise of all or any powers under the Order affecting the rights and apparatus of National Gas, the
other provisions of this Schedule do not apply to apparatus in respect of which the relations between
the undertaker and National Gas are regulated by the provisions of Part 3 of the 1991 Act.
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Apparatus of National Gas in closed streets
84. Notwithstanding the temporary closure or diversion of any streets under the powers of article
10 (temporary closure of public rights of way) or article 11 (temporary closure of streets), National
Gas is at liberty at all times to take all necessary access across any such closed street and to execute
and do all such works and things in, upon or under any such street as may be reasonably necessary
or desirable to enable it to maintain any apparatus which at the time of the closure or diversion was
in that street.
Acquisition of land
85.—(1) Regardless of any provision in this Order or anything shown on the land plans or
contained in the book of reference to the Order, the undertaker may not—
(a) appropriate or acquire or take temporary possession of any land or apparatus of National
Gas; or
(b) appropriate, acquire, extinguish, interfere with or override any easement, other interest or
right and/or apparatus of National Gas,
otherwise than by agreement.
(2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying
out of any part of the authorised works (or in such other timeframe as may be agreed between
National Gas and the undertaker) that is subject to the requirements of this Part of this Schedule that
will cause any conflict with or breach the terms of any easement or other legal or land interest of
National Gas or affect the provisions of any enactment or agreement regulating the relations between
National Gas and the undertaker in respect of any apparatus laid or erected in land belonging to or
secured by the undertaker, the undertaker must as National Gas reasonably requires enter into such
deeds of consent upon such terms and conditions as may be agreed between National Gas and the
undertaker acting reasonably and which must be no less favourable on the whole to National Gas
unless otherwise agreed by National Gas, and it will be the responsibility of the undertaker to procure
and/or secure the consent and entering into of such deeds and variations by all other third parties
with an interest in the land at that time who are affected by such authorised works.
(3) Save where otherwise agreed in writing between National Gas and the undertaker, the
undertaker and National Gas agree that where there is any inconsistency or duplication between the
provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus/
including but not limited to the payment of costs and expenses relating to such relocation and/or
removal of apparatus) and the provisions of any existing easement, rights, agreements and licences
granted, used, enjoyed or exercised by National Gas and/or other enactments relied upon by National
Gas as of right or other use in relation to the apparatus, then the provisions in this Schedule prevails.
(4) Any agreement or consent granted by National Gas under paragraph 8 or any other paragraph
of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).
Removal of apparatus
86.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any
interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not
be removed under this Part of this Schedule and any right of National Gas to maintain that apparatus
in that land must not be extinguished until alternative apparatus has been constructed, and is in
operation to the reasonable satisfaction of National Gas in accordance with sub-paragraph (2) to (5).
(2) If, for the purpose of executing any works in, on, under or over any land purchased, held,
appropriated or used under this Order, the undertaker requires the removal of any apparatus placed
in that land, it must give to National Gas advance written notice of that requirement, together with a
plan of the work proposed, and of the proposed position of the alternative apparatus to be provided
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or constructed and in that case (or if in consequence of the exercise of any of the powers conferred
by this Order National Gas reasonably needs to remove any of its apparatus) the undertaker must,
subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and afford
to National Gas to its satisfaction (taking into account paragraph 7(1) below) the necessary facilities
and rights—
(a) for the construction of alternative apparatus in other land of or land secured by the
undertaker; and
(b) subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in
other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities
and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part
of such apparatus is to be constructed, National Gas may in its sole discretion, on receipt of a written
notice to that effect from the undertaker, take such steps as are reasonable in the circumstances to
assist the undertaker to obtain the necessary facilities and rights in the land in which the alternative
apparatus is to be constructed save that this obligation does not extend to the requirement for National
Gas to use its compulsory purchase powers to this end unless it elects to so do.
(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under
this Part of this Schedule must be constructed in such manner and in such line or situation as may
be agreed between National Gas and the undertaker.
(5) National Gas must, after the alternative apparatus to be provided or constructed has been
agreed, and subject to a written diversion agreement having been entered into between the parties and
the grant to National Gas of any such facilities and rights as are referred to in sub-paragraph (2) or (3),
proceed without unnecessary delay to construct and bring into operation the alternative apparatus and
subsequently to remove any apparatus required by the undertaker to be removed under the provisions
of this Part of this Schedule.
Facilities and rights for alternative apparatus
87.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker
affords to or secures for National Gas facilities and rights in land for the construction, use,
maintenance and protection of alternative apparatus in substitution for apparatus to be removed,
those facilities and rights must be granted upon such terms and conditions as may be agreed between
the undertaker and National Gas and must be no less favourable on the whole to National Gas than
the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise
agreed by National Gas.
(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative
apparatus, and the terms and conditions subject to which those facilities and rights are to be granted,
are less favourable on the whole to National Gas than the facilities and rights enjoyed by it in respect
of the apparatus to be removed and the terms and conditions to which those facilities and rights are
subject the matter may be referred to arbitration in accordance with paragraph 14 (Arbitration) of this
Part of this Schedule and the arbitrator must make such provision for the payment of compensation
by the undertaker to National Gas as appears to the arbitrator to be reasonable having regard to all
the circumstances of the particular case.
Retained apparatus: protection
88.—(1) Not less than 56 days before the commencement of any specified works the undertaker
must submit to National Gas a plan and, if reasonably required by National Gas, a ground monitoring
scheme in respect of those works.
(2) The plan to be submitted to National Gas under sub-paragraph (1) must include a method
statement and describe—
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(a) the exact position of the specified works;
(b) the level at which these are proposed to be constructed or renewed;
(c) the manner of their construction or renewal including details of excavation and positioning
of plant;
(d) the position of all apparatus;
(e) by way of detailed drawings, every alteration proposed to be made to or close to any such
apparatus; and
(f) any intended maintenance regimes.
(3) The undertaker must consider the existing pipeline’s cathodic protection system and provide
an earthing assessment where required by National Gas.
(4) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply
until National Gas has given written approval of the plan so submitted.
(5) Any approval of National Gas required under sub-paragraph (4)—
(a) may be given subject to reasonable conditions for any purpose mentioned in sub-
paragraphs (6) or (7); and,
(b) must not be unreasonably withheld.
(6) In relation to any work to which sub-paragraphs (1) and/or (2) apply, National Gas may
require such modifications to be made to the plans as may be reasonably necessary for the purpose
of securing its apparatus against interference or risk of damage for the provision of protective works
or for the purpose of providing or securing proper and convenient means of access to any apparatus.
(7) Works executed under sub-paragraphs (1) or (2) must be executed in accordance with the plan
submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or as amended from
time to time by agreement between the undertaker and National Gas and in accordance with such
reasonable requirements as may be made in accordance with sub-paragraphs (6) or (8) by National
Gas for the alteration or otherwise for the protection of the apparatus, or for securing access to it,
and National Gas will be entitled to watch and inspect the execution of those works.
(8) Where National Gas requires any protective works to be carried out by itself or by the
undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any
measures or schemes required and approved as part of the plan approved pursuant to this paragraph,
must be carried out to National Gas’s satisfaction prior to the commencement of any specified works
for which protective works are required and National Gas must give notice of its requirement for
such works within 42 days of the date of submission of a plan pursuant to this paragraph (except
in an emergency).
(9) If National Gas in accordance with sub-paragraphs (6) or (8) and in consequence of the works
proposed by the undertaker, reasonably requires the removal of any apparatus and gives written
notice to the undertaker of that requirement, sub-paragraphs (1) to (3) and (6) to (8) apply as if the
removal of the apparatus had been required by the undertaker under paragraph 6(2).
(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from
time to time, but in no case less than 56 days before commencing the execution of the specified
works, a new plan, instead of the plan previously submitted, and having done so the provisions of
this paragraph will apply to and in respect of the new plan.
(11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to
carry out emergency works as defined in the 1991 Act but in that case it must give to National Gas
notice as soon as is reasonably practicable and a plan of those works and must comply with sub-
paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances and comply with
sub paragraph (12) at all times.
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(12) At all times when carrying out any works authorised under the Order National Gas must
comply with National Gas’s policies for safe working in proximity to gas apparatus “Specification
for safe working in the vicinity of National Gas, High pressure Gas pipelines and associated
installation requirements for third parties T/SP/SSW22” and HSE’s “HS(~G)47 Avoiding Danger
from underground services”.
(13) As soon as reasonably practicable after any ground subsidence event attributable to the
authorised development the undertaker must implement an appropriate ground mitigation scheme
save that National Gas retains the right to carry out any further necessary protective works for the
safeguarding of its apparatus and can recover any such costs in line with paragraph 9.
Expenses
89.—(1) Save where otherwise agreed in writing between National Gas and the undertaker and
subject to the following provisions of this paragraph, the undertaker must pay to National Gas
within 30 days of receipt of an invoice or claim from National Gas all charges, costs and expenses
reasonably anticipated within the following three months or reasonably and properly incurred by
National Gas in, or in connection with, the inspection, removal, relaying or replacing, alteration or
protection of any apparatus or the construction of any new or alternative apparatus which may be
required in consequence of the execution of any authorised works including without limitation—
(a) any costs reasonably incurred by or compensation properly paid by National Gas in
connection with the acquisition of rights or the exercise of statutory powers for such
apparatus including without limitation all costs incurred by National Gas as a consequence
of National Gas;
(i)using its own compulsory purchase powers to acquire any necessary rights under
paragraph 6(3); or
(ii)exercising any compulsory purchase powers in the Order transferred to or benefitting
National Gas;
(b) in connection with the cost of the carrying out of any diversion work or the provision of
any alternative apparatus, where no written diversion agreement is otherwise in place;
(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant
apparatus;
(d) the approval of plans;
(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining
and renewing permanent protective works;
(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the
installation or removal of any temporary works reasonably necessary in consequence of
the execution of any such works referred to in this Part of this Schedule.
(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any
apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part
of the alternative apparatus, that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a) apparatus of better type, of greater capacity or of greater dimensions is placed in
substitution for existing apparatus of worse type, of smaller capacity or of smaller
dimensions; or
(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is
placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus
at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is
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not determined by arbitration in accordance with paragraph 14 (arbitration) to be necessary, then, if
such placing involves cost in the construction of works under this Part of this Schedule exceeding
that which would have been involved if the apparatus placed had been of the existing type, capacity
or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-
paragraph would be payable to National Gas by virtue of sub-paragraph (1) will be reduced by the
amount of that excess save to the extent that it is not possible in the circumstances to obtain the
existing type of apparatus at the same capacity and dimensions or place at the existing depth in which
case full costs will be borne by the undertaker.
(4) For the purposes of sub-paragraph (3)—
(a) an extension of apparatus to a length greater than the length of existing apparatus will
not be treated as a placing of apparatus of greater dimensions than those of the existing
apparatus; and
(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary,
the consequential provision of a jointing chamber or of a manhole will be treated as if it
also had been agreed or had been so determined.
(5) Any amount which apart from this sub-paragraph would be payable to National Gas in respect
of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in
substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National
Gas any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course,
be reduced by the amount which represents that benefit.
Indemnity
90.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction
of any works authorised by this Part of this Schedule or in consequence of the construction, use,
maintenance or failure of any of the authorised works by or on behalf of the undertaker or in
consequence of any act or default of the undertaker (or any person employed or authorised by him)
in the course of carrying out such works, including without limitation works carried out by the
undertaker under this Part of this Schedule or any subsidence resulting from any of these works,
any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of
which is not reasonably necessary in view of its intended removal for the purposes of the authorised
works) or property of National Gas, or there is any interruption in any service provided, or in the
supply of any goods or energy, by National Gas, or National Gas becomes liable to pay any amount
to any third party, the undertaker will—
(a) bear and pay on demand accompanied by an invoice or claim from National Gas the
cost reasonably and properly incurred by National Gas in making good such damage or
restoring the supply; and
(b) indemnify National Gas for any other expenses, loss, demands, proceedings, damages,
claims, penalty or costs incurred by or recovered from National Gas, by reason or in
consequence of any such damage or interruption or National Gas becoming liable to any
third party and including Network Code Claims other than arising from any default of
National Gas.
(2) The fact that any act or thing may have been done by National Gas on behalf of the undertaker
or in accordance with a plan approved by National Gas or in accordance with any requirement
of National Gas or under its supervision will not (unless sub-paragraph (3) applies), excuse the
undertaker from liability under the provisions of this sub-paragraph (2) unless National Gas fails to
carry out and execute the works properly with due care and attention and in a skilful and workman
like manner or in a manner that does not accord with the approved plan.
(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—
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(a) any damage or interruption to the extent that it is attributable to the neglect or default of
National Gas, its officers, servants, contractors or agents;
(b) any authorised works and/or any other works authorised by this Part of this Schedule
carried out by National Gas as an assignee, transferee or lessee of the undertaker with
the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 5
(benefit of the Order) subject to the proviso that once such works become apparatus (“new
apparatus”), any authorised works yet to be executed and not falling within this sub-
paragraph 3(b) will be subject to the full terms of this Part of this Schedule including this
paragraph 10; and/or
(c) any indirect or consequential loss of any third party (including but not limited to loss of use,
revenue, profit, contract, production, increased cost of working or business interruption)
arising from any such damage or interruption, which is not reasonably foreseeable;
(4) National Gas must give the undertaker reasonable notice of any such claim or demand and no
settlement, admission of liability or compromise must, unless payment is required in connection with
a statutory compensation scheme, be made without first consulting the undertaker and considering
their representations.
(5) National Gas must, in respect of any matter covered by the indemnity given by the undertaker
in this paragraph, at all times act reasonably and in the same manner as it would as if settling third
party claims on its own behalf from its own funds.
(6) National Gas must use its reasonable endeavours to mitigate and to minimise any costs,
expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where
it is within National Gas’s reasonable ability and control to do so and which expressly excludes any
obligation to mitigate liability arising from third parties which is outside of National Gas’s control
and, if reasonably requested to do so by the undertaker, National Gas must provide an explanation
of how the claim has been minimised, where relevant.
(7) Not to commence construction (and not to permit the commencement of such construction)
of the authorised works on any land owned by National Gas or in respect of which National Gas has
an easement or wayleave for its apparatus or any other interest or to carry out any works within 15
metres of National Gas’s apparatus until the following conditions are satisfied—
(a) unless and until National Gas is satisfied acting reasonably (but subject to all necessary
regulatory constraints) that the undertaker has first provided the acceptable security (and
provided evidence that it will maintain such acceptable security for the construction period
of the authorised works from the proposed date of commencement of construction of the
authorised works) and National Gas has confirmed the same to the undertaker in writing;
and
(b) unless and until National Gas is satisfied acting reasonably (but subject to all necessary
regulatory constraints) that the undertaker has procured acceptable insurance (and
provided evidence to National Gas that it will maintain such acceptable insurance for the
construction period of the authorised works from the proposed date of commencement of
construction of the authorised works) and National Gas has confirmed the same in writing
to the undertaker.
(8) In the event that the undertaker fails to comply with 10(7) of this Part of this Schedule,
nothing in this Part of this Schedule prevents National Gas from seeking injunctive relief (or any
other equitable remedy) in any court of competent jurisdiction.
Enactments and agreements
91. Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by
agreement in writing between National Gas and the undertaker, nothing in this Part of this Schedule
affects the provisions of any enactment or agreement regulating the relations between the undertaker
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and National Gas in respect of any apparatus laid or erected in land belonging to the undertaker on
the date on which this Order is made.
Co-operation
92.—(1) Where in consequence of the proposed construction of any part of the authorised
works, the undertaker or National Gas requires the removal of apparatus under paragraph 6(2) or
National Gas makes requirements for the protection or alteration of apparatus under paragraph 8,
the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests
of safety and the efficient and economic execution of the authorised works and taking into account
the need to ensure the safe and efficient operation of National Gas’s undertaking and National Gas
must use its best endeavours to co-operate with the undertaker for that purpose.
(2) For the avoidance of doubt whenever National Gas’s consent, agreement or approval is
required in relation to plans, documents or other information submitted by the undertaker or the
taking of action by the undertaker, it must not be unreasonably withheld or delayed.
Access
93. If in consequence of the agreement reached in accordance with paragraph 5(1) or the powers
granted under this Order the access to any apparatus is materially obstructed, the undertaker must
provide such alternative means of access to such apparatus as will enable National Gas to maintain
or use the apparatus no less effectively than was possible before such obstruction.
Arbitration
94. Save for differences or disputes arising under paragraph 6(2), 6(4), 7(1) and 8 any difference
or dispute arising between the undertaker and National Gas under this Part of this Schedule must,
unless otherwise agreed in writing between the undertaker and National Gas, be determined by
arbitration in accordance with article 38 (arbitration).
Notices
95. Notwithstanding article 46 (service of notices), any plans submitted to National Gas by the
undertaker pursuant to paragraph 8 must be submitted to https://lsbud.co.uk/ or such other address
as National Gas may from time to time appoint instead for that purpose and notify to the undertaker
in writing.
PART 9
Protection for Cadent Gas Limited
Application
96. For the protection of Cadent the following provisions will, unless otherwise agreed in writing
between the undertaker and Cadent, have effect.
Interpretation
97. In this Part of this Schedule—
“1991 Act” means the New Roads and Street Works Act 1991;
“alternative apparatus” means appropriate alternative apparatus to the satisfaction of Cadent
to enable Cadent to fulfil its statutory functions in a manner no less efficient than previously;
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“apparatus” means any gas mains, pipelines, pipes, pressure governors, ventilators, cathodic
protection (including transformed rectifiers and any associated groundbeds or cables), cables,
marker posts, block valves, hydrogen above ground installations or other apparatus belonging
to, or maintained by, Cadent for the purposes of Cadent’s undertaking together with any
replacement apparatus and such other apparatus constructed pursuant to this Order that
becomes operational apparatus of Cadent for the purposes of Cadent’s undertaking and
includes any structure in which apparatus is or will be lodged or which gives or will give access
to apparatus;
“authorised works” has the same meaning as is given to the term “authorised development” in
article 2(1) of the Order and includes any associated development authorised by the Order and
for the purposes of this Part of this Schedule includes the use and maintenance of the authorised
works and construction of any works authorised by this Schedule;
“Cadent” means Cadent Gas Limited (Company Number 10080864) whose registered office
is at Cadent, Pilot Way, Ansty, Coventry, England, CV7 9JU and includes its successors in title
or any successor as a gas transporter within the meaning of Part 1 of the Gas Act 1986;
“Cadent’s undertaking” means the rights, duties and obligations of Cadent as a public gas
transporter within the meaning of Section 7 of the Gas Act 1986;
“commence” and “commencement” in this Part of this Schedule include any below ground
surveys, monitoring, work operations, remedial work in respect of any contamination or other
adverse ground condition, the receipt and erection of construction plant and equipment, and
intrusive investigations for the purpose of assessing ground conditions;
“deed of consent” means a deed of consent, crossing agreement, deed of variation or new
deed of grant agreed between the parties acting reasonably in order to vary or replace existing
easements, agreements, enactments and other such interests so as to secure land rights and
interests as are necessary to carry out, maintain, operate and use the apparatus in a manner
consistent with the terms of this Part of this Schedule;
“facilities and rights” for construction and for maintenance include any appropriate working
areas required to reasonably and safely undertake that construction or maintenance, and any
necessary rights of access;
“functions” includes powers and duties;
“ground mitigation scheme” means a scheme approved by Cadent (such approval not to be
unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground
subsidence event;
“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out
the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the
manner in which ground levels are to be monitored, the timescales of any monitoring activities
and the extent of ground subsidence which, if exceeded, must require the undertaker to submit
for Cadent’s approval a ground mitigation scheme;
“ground subsidence event” means any ground subsidence identified by the monitoring
activities set out in the ground monitoring scheme that has exceeded the level described in the
ground monitoring scheme as requiring a ground mitigation scheme;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to
apparatus or alternative apparatus under, over, across, along or upon such land;
“maintain” and “maintenance” include the ability and right to do any of the following in
relation to any apparatus or alternative apparatus of Cadent: retain, lay, construct, inspect,
protect, access, enlarge, replace, renew, decommission or render unusable or remove the
apparatus;
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“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports,
programmes, calculations, risk assessments and other documents that are reasonably necessary
properly and sufficiently to describe and assess the works to be executed;
“rights” includes restrictive covenants and, in relation to decommissioned apparatus, the
surrender of rights, release of liabilities and transfer of decommissioned apparatus; and
“specified works” means any of the authorised works or activities undertaken in association
with the authorised works which—
(a) will or may be situated over, or within 15 metres measured in any direction of any
apparatus the removal of which has not been required by the undertaker under paragraph
6(2) or otherwise;
(b) may in any way adversely affect any apparatus the removal of which has not been
required by the undertaker under paragraph 6(2) or otherwise; or
(c) include any of the activities that are referred to in CD/SP/SSW/22 Cadent’s policies for
safe working in proximity to gas apparatus Specification for safe working in the vicinity
of Cadent Assets.
On street apparatus
98.—(1) This Schedule does not apply to apparatus in respect of which the relations between the
undertaker and Cadent are regulated by the provisions of Part 3 of the 1991 Act, except for—
(a) paragraphs 4 (apparatus of Cadent in closed streets), 8 (retained apparatus: protection of
Cadent), 9 (expenses) and 10 (indemnity); and
(b) where sub-paragraph (2) applies, paragraphs 6 (removal of apparatus) and 7 (facilities and
rights for alternative apparatus).
(2) This sub-paragraph applies where any apparatus is diverted from an alignment within
the existing adopted public highway but not wholly replaced within the existing public highway,
notwithstanding that any diversion may be carried out under the provisions of Part 3 of the 1991 Act.
(3) Notwithstanding any powers in the Order, section 85 of the 1991 Act in relation to cost
sharing and the regulations made thereunder will not apply in relation to any diversion of apparatus
of Cadent under the 1991 Act.
(4) The Protective Provisions in this Part of this Schedule apply and take precedence over article
9 of the Order.
Apparatus of Cadent in closed streets
99.—(1) Where any street is closed under the Order, if Cadent has any apparatus in the street or
accessed via that street Cadent is entitled to the same rights in respect of such apparatus as it enjoyed
immediately before the closure and the undertaker must grant to Cadent, or procure the granting to
Cadent of, legal easements reasonably satisfactory to Cadent in respect of such apparatus and access
to it prior to the closure of any such street or highway, but nothing in this paragraph affects any right
of the undertaker or of Cadent to require the removal of that apparatus under paragraph 6.
(2) Notwithstanding the temporary alteration, diversion or restriction of use of any street under
the powers of article 10 (temporary closure of public rights of way) or article 11 (temporary closure
of streets), Cadent will be at liberty at all times to take all necessary access across any such street
and to execute and do all such works and things in, upon or under any such street as it would have
been entitled to do immediately before such temporary alteration, diversion or restriction in respect
of any apparatus which at the time of the closure or diversion was in that street.
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Acquisition of land
100.—(1) Regardless of any provision in this Order or anything shown on the land plans or
contained in the book of reference to the Order, the undertaker may not may not appropriate or
acquire any interest in land owned by Cadent or appropriate, acquire, extinguish, interfere with or
override any easement or other interest in land of Cadent otherwise than by agreement with Cadent.
(2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying
out or maintenance of any part of the authorised works (or in such other timeframe as may be
agreed between Cadent and the undertaker) that are subject to the requirements of this Part of this
Schedule that will cause any conflict with or breach the terms of any easement and/or other legal
or land interest of Cadent and/or affects the provisions of any enactment or agreement regulating
the relations between Cadent and the undertaker in respect of any apparatus laid or erected in land
belonging to or secured by the undertaker, the undertaker must as Cadent reasonably requires enter
into such deeds of consent and variations upon such terms and conditions as may be agreed between
Cadent and the undertaker acting reasonably and which must be no less favourable on the whole
to Cadent unless otherwise agreed by Cadent, and it will be the responsibility of the undertaker to
procure and/or secure the consent to and entering into of such deeds and variations by all other third
parties with an interest in the land at that time who are affected by such authorised works.
(3) W here—
(a) Cadent has provided its written approval of the specified works under paragraph 8;
(b) approval of the specified works is determined to have been given by Cadent under
paragraph 14; or
(c) approval of the authorised works is not required under paragraph 8,
upon request by the undertaker, Cadent must take such reasonable action as is necessary in order to
confirm Cadent’s approval or consent pursuant to any lease, licence, easement, deed, notice or other
property document, including the written communication of Cadent’s consent to the relevant works
to any third party as may be required under the terms of any easement or other interest in land of
Cadent affecting the relevant works.
(4) Save where otherwise agreed in writing between Cadent and the undertaker, the undertaker
and Cadent agree that where there is any inconsistency or duplication between the provisions set
out in this Part of this Schedule relating to the relocation or removal of apparatus, including but not
limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus
and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed
or exercised by Cadent and other enactments relied upon by Cadent as of right or other use in relation
to the apparatus, then the provisions in this Schedule will prevail.
(5) Any agreement or consent granted by Cadent under paragraph 7 or any other paragraph of
this Part of this Schedule, will be taken to constitute agreement under sub-paragraph (1).
(6) As a condition of an agreement under sub-paragraph (1) that involves de-commissioned
apparatus being left in situ the undertaker must accept a surrender of any existing easement and/
or other interest of Cadent in such decommissioned apparatus and consequently acquire title to
such decommissioned apparatus and release Cadent from all liabilities in respect of such de-
commissioned apparatus from the date of such surrender.
(7) Where an undertaker acquires the freehold of any land which is subject to any easement or
other interest in land held by Cadent which is registrable and the provisions of paragraph 6 do not
apply, the undertaker must, unless Cadent agrees otherwise—
(a) retain any notice of Cadent’s easement, right or other interest on the title to the relevant
land when registering the undertaker’s title to such acquired land; and
(b) (where no such notice of Cadent’s easement, right or other interest exists in relation to
such acquired land or any such notice is registered only on the Land Charges Register)
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include (with its application to register title to the undertaker’s interest in such acquired
land at the Land Registry) a notice of Cadent’s easement, right or other interest in relation
to such acquired land.
Removal of apparatus
101.—(1) If, in the exercise of the powers conferred by this Order, including pursuant to any
agreement reached in accordance with paragraph 5, the undertaker acquires any interest in any land
in which any apparatus is placed, that apparatus must not be decommissioned or removed under this
Part of this Schedule and any right of Cadent to maintain that apparatus in that land must not be
extinguished or interfered with until alternative apparatus has been constructed, is in operation, and
the facilities and rights referred to in sub-paragraph (2) have been provided, to the satisfaction of
Cadent (acting reasonably) and in accordance with sub-paragraphs (2) to (5) inclusive.
(2) If, for the purpose of executing any works in, on, under or over any land purchased, held,
appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in
that land, it must give to Cadent advance written notice of that requirement, together with a plan and
section of the work proposed, and of the proposed position of the alternative apparatus to be provided
or constructed and in that case (or if in consequence of the exercise of any of the powers conferred
by this Order Cadent reasonably needs to move or remove any of its apparatus) the undertaker must,
subject to sub-paragraph (3), afford to Cadent to its satisfaction (taking into account paragraph 7(1))
the necessary facilities and rights—
(a) for the construction of alternative apparatus (including appropriate working areas required
to reasonably and safely undertake necessary works by Cadent in respect of the apparatus);
(b) (including appropriate working areas required to reasonably and safely undertake
necessary works by Cadent in respect of the apparatus); and
(c) to allow access to that apparatus (including appropriate working areas required to
reasonably and safely undertake necessary works by Cadent in respect of the apparatus).
(3) If the undertaker is unable to afford such facilities and rights as are mentioned in sub-
paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be
constructed, Cadent may, on receipt of a written notice to that effect from the undertaker, take such
steps as are reasonable in the circumstances in an endeavour to assist the undertaker in obtaining the
necessary facilities and rights in the land in which the alternative apparatus is to be constructed save
that this obligation will not extend to the requirement for Cadent to use its compulsory purchase
powers to this end unless it (in its absolute discretion) elects to so do.
(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under
this Part of this Schedule must be constructed in such manner and in such line or situation as may
be agreed between Cadent and the undertaker or settled by arbitration.
(5) Cadent must, after the alternative apparatus to be provided or constructed has been agreed or
settled, and subject to the prior grant to Cadent of such facilities and rights as are referred to in sub-
paragraph (2) or (3) to Cadent’s satisfaction, acting reasonably, proceed without unnecessary delay
to construct and bring into operation the alternative apparatus and subsequently to decommission
or remove any apparatus required by the undertaker to be decommissioned or removed under the
provisions of this Part of this Schedule.
Facilities and rights for alternative apparatus
102.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker
affords to or secures for Cadent facilities and rights in land for the access to, construction and
maintenance of alternative apparatus in substitution for apparatus to be decommissioned or removed,
those facilities and rights must be granted upon such terms and conditions as may be agreed between
the undertaker and Cadent and must be no less favourable on the whole to Cadent than the facilities
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and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless
otherwise agreed by Cadent.
(2) If the facilities and rights to be afforded by the undertaker and agreed with Cadent under sub-
paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which
those facilities and rights are to be granted, are less favourable on the whole to Cadent (in Cadent’s
opinion, acting reasonably) than the facilities and rights enjoyed by it in respect of the apparatus to
be decommissioned or removed, then the terms and conditions to which those facilities and rights are
subject will be referred to arbitration in accordance with paragraph 14 of this Part of this Schedule
and the arbitrator must make such provision for the payment of compensation by the undertaker to
Cadent as appears to the arbitrator to be reasonable having regard to all the circumstances of the
particular case.
Retained apparatus: protection of Cadent
103.—(1) Not less than 56 days before the commencement of any specified works the undertaker
must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme
in respect of those works.
(2) The plan to be submitted to Cadent under sub-paragraph (1) must include a method statement
and describe—
(a) the exact position of the specified works;
(b) the level at which these are proposed to be constructed or renewed;
(c) the manner of their construction or renewal including details of excavation and positioning
of plant;
(d) the position of all apparatus;
(e) by way of detailed drawings, every alteration proposed to be made to or close to any such
apparatus; and
(f) any intended maintenance regimes.
(3) The undertaker must not commence any specified works until Cadent has given written
approval of the plan so submitted (and the ground monitoring scheme if required).
(4) Any approval of Cadent given under sub-paragraph (3)—
(a) may be given subject to reasonable conditions; and
(b) must not be unreasonably withheld or delayed.
(5) For the purposes of sub-paragraph (4)(b) it will be deemed to be reasonable for any approval
to be refused if Cadent considers that the specified works would—
(a) cause material interference with or material risk of damage to its apparatus; or
(b) prevent access to its apparatus at any time.
(6) In relation to any work to which sub-paragraphs (1) and/or (2) apply Cadent may require such
modifications to be made to the plan as may be reasonably necessary for the purpose of securing its
apparatus against interference or risk of damage or for the purpose of providing or securing proper
and convenient means of access to any apparatus.
(7) Works to which this paragraph applies must only be executed in accordance with—
(a) the plan submitted under sub-paragraph (1) (and ground monitoring scheme if required),
as approved or as amended from time to time by agreement between the undertaker and
Cadent; and
(b) all conditions imposed under sub-paragraph (4)(a), and Cadent will be entitled to watch
and inspect the execution of those works where reasonably practicable to do so and in
accordance with any relevant health and safety legislation.
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(8) Where Cadent requires any protective works to be carried out by itself or by the undertaker
(whether of a temporary or permanent nature) such protective works, inclusive of any measures
or schemes required and approved as part of the plan approved pursuant to this paragraph, must
be carried out to Cadent’s satisfaction prior to the commencement of any specified works (or any
relevant part thereof) for which protective works are required prior to commencement.
(9) If Cadent, in consequence of the works proposed by the undertaker, reasonably requires the
removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs
1 to 3 and 5 to 7 apply as if the removal of the apparatus had been required by the undertaker under
paragraph 6(2).
(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from
time to time, but in no case less than 56 days before commencing the execution of the specified
works, a new plan, instead of the plan previously submitted, and having done so the provisions of
this paragraph will apply to and in respect of the new plan.
(11) As soon as reasonably practicable after any ground subsidence event attributable to the
authorised works (including such an event attributable to its maintenance)—
(a) the undertaker must implement an appropriate ground mitigation scheme; and
(b) Cadent retains the right to carry out any further necessary protective works for the
safeguarding of its apparatus and can recover any such costs in line with paragraph 9.
(12) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out
emergency works but in that case it must give to Cadent notice as soon as is reasonably practicable
and a plan of those works and must comply with
(a) the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in
the circumstances; and
(b) Sub-paragraph (13) at all times.
(13) In this paragraph, “emergency works” means works whose execution at the time when they
are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then
existing or imminent (or which the person responsible for the works believes on reasonable grounds
to be existing or imminent) which are likely to cause danger to persons or property.
(14) At all times when carrying out any works authorised under the Order the undertaker must
comply with Cadent’s policies for safe working in proximity to gas apparatus “Specification for
safe working in the vicinity of Cadent Assets CAD//SP/SSW/22” and HSE’s “HS(~G)47 Avoiding
Danger from underground services”.
Expenses
104.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to
Cadent within 30 days of receipt of an invoice or claim all charges, costs and expenses reasonably
anticipated or reasonably and properly incurred by Cadent in, or in connection with, the inspection,
removal, relaying or replacing, alteration or protection of any apparatus or the construction of
any new or alternative apparatus which may be required in consequence of the execution of any
authorised works as are referred to in this Part of this Schedule including without limitation—
(a) any costs reasonably incurred by or compensation properly paid by Cadent in connection
with the negotiation and/or acquisition of rights or the exercise of statutory powers for
such apparatus including without limitation all costs (including professional fees) incurred
by Cadent as a consequence of Cadent;
(i)using its own compulsory purchase powers to acquire any necessary rights under
paragraph 6(3) if it elects to do so; and/or
(ii)exercising any compulsory purchase powers under this Order transferred to or
benefitting Cadent;
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(b) in connection with the cost of the carrying out of any diversion work or the provision of
any alternative apparatus;
(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant
apparatus;
(d) the approval of plans;
(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining
and renewing permanent protective works;
(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the
installation or removal of any temporary works reasonably necessary in consequence of
the execution of any such works referred to in this Part of this Schedule;
(g) any watching brief pursuant to sub-paragraph 8(6).
(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any
apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part
of the alternative apparatus, that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a) apparatus of better type, of greater capacity or of greater dimensions is placed in
substitution for existing apparatus of worse type, of smaller capacity or of smaller
dimensions; or
(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is
placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus
at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is
not determined by arbitration in accordance with paragraph 14 (arbitration) to be necessary, then, if
such placing involves cost in the construction of works under this Part of this Schedule exceeding
that which would have been involved if the apparatus placed had been of the existing type, capacity
or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-
paragraph would be payable to Cadent by virtue of sub-paragraph (1) will be reduced by the amount
of that excess save to the extent that it is not possible in the circumstances to obtain the existing type
of apparatus at the same capacity and dimensions or place at the existing depth in which case full
costs will be borne by the undertaker.
(4) For the purposes of sub-paragraph (3)—
(a) an extension of apparatus to a length greater than the length of existing apparatus will
not be treated as a placing of apparatus of greater dimensions than those of the existing
apparatus; and
(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary,
the consequential provision of a jointing chamber or of a manhole will be treated as if it
also had been agreed or had been so determined.
(5) Any amount which apart from this sub-paragraph would be payable to Cadent in respect of
works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in
substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Cadent
any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course,
be reduced by the amount which represents that benefit.
Indemnity
105.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the
construction of any such works authorised by this Part of this Schedule (including without limitation
relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative
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apparatus) or in consequence of the construction, use, maintenance or failure of any of the authorised
works by or on behalf of the undertaker or in consequence of any act or default of the undertaker
(or any person employed or authorised by the undertaker) in the course of carrying out such works,
including without limitation works carried out by the undertaker under this Part of this Schedule
or any subsidence resulting from any of these works, any damage is caused to any apparatus or
alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of
its intended removal for the purposes of the authorised works) or property of Cadent, or there is any
interruption in any service provided, or in the supply of any goods, by Cadent, or Cadent becomes
liable to pay any amount to any third party, the undertaker will—
(a) bear and pay on demand accompanied by an invoice or claim from Cadent, the cost
reasonably incurred by Cadent in making good such damage or restoring the supply; and
(b) indemnify Cadent for any other expenses, loss, demands, proceedings, damages, claims,
penalty, compensation or costs incurred by, paid by or recovered from Cadent, by reason
or in consequence of any such damage or interruption or Cadent becoming liable to any
third party as aforesaid other than arising from any default of Cadent.
(2) The fact that any act or thing may have been done by Cadent on behalf of the undertaker or
in accordance with a plan approved by Cadent or in accordance with any requirement of Cadent or
under its supervision including under any watching brief will not (unless sub-paragraph (3) applies)
excuse the undertaker from liability under the provisions of sub-paragraph (1) unless Cadent fails to
carry out and execute the works properly with due care and attention and in a skilful and workman
like manner or in a manner that does not accord with the approved plan.
(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—
(a) any damage or interruption to the extent that it is attributable to the neglect or default of
Cadent, its officers, servants, contractors or agents; and
(b) any part of the authorised works carried out by Cadent in the exercise of any functions
conferred by this Order pursuant to a grant or transfer under article 5 (benefit of the Order)
of the Order.
(4) Cadent must give the undertaker reasonable notice of any such claim or demand and no
settlement, admission of liability or compromise must, unless payment is required in connection with
a statutory compensation scheme, be made without first consulting the undertaker and considering
their representations.
(5) Cadent must use its reasonable endeavours to mitigate in whole or in part and to minimise any
costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies.
If requested to do so by the undertaker, Cadent must provide an explanation of how the claim has
been minimised. The undertaker is only liable under this paragraph for claims reasonably incurred
by Cadent.
Enactments and agreements
106. Except where this Part of this Schedule provides otherwise, nothing in this Part of this
Schedule affects the provisions of any enactment or agreement regulating the relations between the
undertaker and Cadent in respect of any apparatus laid or erected in land belonging to the undertaker
on the date on which this Order is made.
Co-operation
107.—(1) Where in consequence of the proposed construction of any part of the authorised works,
the undertaker or Cadent requires the removal of apparatus under paragraph 6(2) or Cadent makes
requirements for the protection or alteration of apparatus under paragraph 8, the undertaker must
use its best endeavours to co-ordinate the execution of the works in the interests of safety and the
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efficient and economic execution of the authorised works and taking into account the need to ensure
the safe and efficient operation of Cadent’s undertaking and Cadent must use its best endeavours to
co-operate with the undertaker for that purpose.
(2) For the avoidance of doubt whenever Cadent’s consent, agreement or approval is required in
relation to plans, documents or other information submitted by the undertaker or the taking of action
by the undertaker, Cadent’s consent must not be unreasonably withheld or delayed.
Access
108. If in consequence of any agreement reached in accordance with paragraph 5(1) or the powers
conferred by this Order the access to any apparatus is materially obstructed, the undertaker must
provide such alternative rights and means of access to such apparatus as will enable Cadent to
maintain or use the apparatus no less effectively than was possible before such obstruction.
Arbitration
109. Save for differences or disputes arising under sub-paragraphs 6(2) and 6(4) any difference
or dispute arising between the undertaker and Cadent under this Part of this Schedule must, unless
otherwise agreed in writing between the undertaker and Cadent, be determined by arbitration in
accordance with article 38 (arbitration).
Notices
110. Notwithstanding article 46 (service of notices), any plans submitted to Cadent by the
undertaker pursuant to paragraph 8(1) must be sent via email to Cadent Gas Limited Plant Protection
at plantprotection@cadentgas.com copied by e-mail to toby.feirn@cadentgas.com and sent to the
General Counsel Department at Cadent’s registered office or such other address as Cadent may from
time to time appoint instead for that purpose and notify to the undertaker in writing.
PART 10
Protection for Network Rail Infrastructure Limited
111. The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing
between the undertaker and Network Rail and, in the case of paragraph 15 of this Part of this Schedule
any other person on whom rights or obligations are conferred by that paragraph.
112. In this Part of this Schedule—
“asset protection agreement” means an agreement to regulate the construction and maintenance
of the specified work in a form prescribed from time to time by Network Rail;
“construction” includes execution, placing, alteration and reconstruction and “construct” and
“constructed” have corresponding meanings;
“the engineer” means an engineer appointed by Network Rail for the purposes of this Order;
“network licence” means the network licence, as the same is amended from time to time,
granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of their
powers under section 8 (licences) of the Railways Act 1993;
“Network Rail” means Network Rail Infrastructure Limited (company number 02904587,
whose registered office is at Waterloo General Office, London SE1 8SW) and any associated
company of Network Rail Infrastructure Limited which holds property for railway purposes,
and for the purpose of this definition “associated company” means any company which is
(within the meaning of section 1159 of the Companies Act 2006) the holding company of
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Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or
another subsidiary of the holding company of Network Rail Infrastructure Limited and any
successor to Network Rail Infrastructure Limited’s railway undertaking;
“plans” includes sections, designs, design data, software, drawings, specifications, soil
reports, calculations, descriptions (including descriptions of methods of construction), staging
proposals, programmes and details of the extent, timing and duration of any proposed
occupation of railway property;
“railway operational procedures” means procedures specified under any access agreement (as
defined in the Railways Act 1993) or station lease;
“railway property” means any railway belonging to Network Rail and—
(a) any station, land, works, apparatus and equipment belonging to Network Rail or
connected with any such railway; and
(b) any easement or other property interest held or used by Network Rail or a tenant
or licensee of Network Rail for the purposes of such railway or works, apparatus or
equipment;
“regulatory consents” means any consent or approval required under—
(a) the Railways Act 1993;
(b) the network licence; and/or
(c) any other relevant statutory or regulatory provisions;
by either the Office of Rail and Road or the Secretary of State for Transport or any other
competent body including change procedures and any other consents, approvals of any access
or beneficiary that may be required in relation to the authorised development; and
“specified work” means so much of any of the authorised development as is situated upon,
across, under, over or within 15 metres of, or may in any way adversely affect, railway property
and, for the avoidance of doubt, includes the maintenance of such works under the powers
conferred by article 4 (Power to maintain the authorised project) in respect of such works.
113.—(1) Where under this Part of this Schedule Network Rail is required to give its consent
or approval in respect of any matter, that consent or approval is subject to the condition that
Network Rail complies with any relevant railway operational procedures and any obligations under
its network licence or under statute.
(2) In so far as any specified work or the acquisition or use of railway property is or may be
subject to railway operational procedures, Network Rail must—
(a) co-operate with the undertaker with a view to avoiding undue delay and securing
conformity as between any plans approved by the engineer and requirements emanating
from those procedures; and
(b) use their reasonable endeavours to avoid any conflict arising between the application of
those procedures and the proper implementation of the authorised development pursuant
to this Order.
114.—(1) The undertaker must not exercise the powers conferred by—
(a) article 3 (development consent etc. granted by the Order);
(b) article 4 (power to maintain the authorised project);
(c) article 16 (discharge of water);
(d) article 17 (authority to survey and investigate the land onshore);
(e) article 18 (compulsory acquisition of land);
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(f) article 20 (compulsory acquisition of rights);
(g) article 21 (private rights);
(h) article 24 (acquisition of subsoil only or airspace only);
(i) article 26 (temporary use of land for carrying out the authorised project);
(j) article 27 (temporary use of land for maintaining authorised project);
(k) article 28 (statutory undertakers);
(l) article 35 (felling or lopping of trees and removal of hedgerows);
(m) article 36 (trees subject to tree preservation orders);
(n) the powers conferred by section 11(3) (power of entry) of the 1965 Act;
(o) the powers conferred by section 203 (power to override easements and rights) of the
Housing and Planning Act 2016;
(p) the powers conferred by section 172 (right to enter and survey land) of the Housing and
Planning Act 2016;
(q) any powers in respect of the temporary possession of land under the Neighbourhood
Planning Act 2017;
in respect of any railway property unless the exercise of such powers is with the consent of Network
Rail.
(2) The undertaker must not in the exercise of the powers conferred by this Order prevent
pedestrian or vehicular access to any railway property, unless preventing such access is with the
consent of Network Rail.
(3) The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990
Act, article 28 (statutory undertakers), or article 21 (private rights), in relation to any right of access
of Network Rail to railway property, but such right of access may be diverted with the consent of
Network Rail.
(4) The undertaker must not under the powers of this Order acquire or use or acquire new rights
over, or seek to impose any restrictive covenants over, any railway property, or extinguish any
existing rights of Network Rail in respect of any third party property, except with the consent of
Network Rail.
(5) The undertaker must not under the powers of this Order do anything which would result in
railway property being incapable of being used or maintained or which would affect the safe running
of trains on the railway.
(6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent
must not be unreasonably withheld but may be given subject to reasonable conditions but it shall
never be unreasonable to withhold consent for reasons of operational or railway safety (such matters
to be in Network Rail’s absolute discretion).
(7) The undertaker must enter into an asset protection agreement prior to the carrying out of any
specified work.
115.—(1) The undertaker must before commencing construction of any specified work supply
to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer
and the specified work must not be commenced except in accordance with such plans as have been
approved in writing by the engineer or settled by arbitration.
(2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld,
and if by the end of the period of 28 days beginning with the date on which such plans have been
supplied to Network Rail the engineer has not intimated their disapproval of those plans and the
grounds of such disapproval the undertaker may serve upon the engineer written notice requiring
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the engineer to intimate approval or disapproval within a further period of 28 days beginning with
the date upon which the engineer receives written notice from the undertaker. If by the expiry of the
further 28 days the engineer has not intimated approval or disapproval, the engineer shall be deemed
to have approved the plans as submitted.
(3) If by the end of the period of 28 days beginning with the date on which written notice was
served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker
that Network Rail desires itself to construct any part of a specified work which in the opinion of
the engineer will or may affect the stability of railway property or the safe operation of traffic
on the railways of Network Rail then, if the undertaker desires such part of the specified work to
be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the
reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be
approved or settled under this paragraph, and under the supervision (where appropriate and if given)
of the undertaker.
(4) When signifying their approval of the plans the engineer may specify any protective works
(whether temporary or permanent) which in the engineer’s opinion should be carried out before the
commencement of the construction of a specified work to ensure the safety or stability of railway
property or the continuation of safe and efficient operation of the railways of Network Rail or the
services of operators using the same (including any relocation de-commissioning and removal of
works, apparatus and equipment necessitated by a specified work and the comfort and safety of
passengers who may be affected by the specified works), and such protective works as may be
reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker,
if Network Rail so desires, and such protective works must be carried out at the expense of the
undertaker in either case without unnecessary delay and the undertaker must not commence the
construction of the specified works until the engineer has notified the undertaker that the protective
works have been completed to their reasonable satisfaction.
116.—(1) Any specified work and any protective works to be constructed by virtue of paragraph
5(4) must, when commenced, be constructed—
(a) without unnecessary delay in accordance with the plans approved or deemed to have been
approved or settled under paragraph 5;
(b) under the supervision (where appropriate and if given) and to the reasonable satisfaction
of the engineer;
(c) in such manner as to cause as little damage as is possible to railway property; and
(d) so far as is reasonably practicable, so as not to interfere with or obstruct the free,
uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the
use by passengers of railway property.
(2) If any damage to railway property or any such interference or obstruction shall be caused
by the carrying out of, or in consequence of the construction of a specified work, the undertaker
must, notwithstanding any such approval, make good such damage and must pay to Network Rail
all reasonable expenses to which Network Rail may be put and compensation for any loss which it
may sustain by reason of any such damage, interference or obstruction.
(3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to
any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants,
contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses
or loss attributable to the negligence of the undertaker or its servants, contractors or agents.
117. The undertaker must—
(a) at all times afford reasonable facilities to the engineer for access to a specified work during
its construction; and
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(b) supply the engineer with all such information as they may reasonably require with regard
to a specified work or the method of constructing it.
118. Network Rail must at all times afford reasonable facilities to the undertaker and its agents
for access to any works carried out by Network Rail under this Part of this Schedule during their
construction and must supply the undertaker with such information as it may reasonably require with
regard to such works or the method of constructing them.
119.—(1) If any permanent or temporary alterations or additions to railway property are
reasonably necessary in consequence of the construction or completion of a specified work or
during a period of 24 months after the completion of that work in order to ensure the safety of
railway property or the continued safe operation of the railway of Network Rail, such alterations
and additions may be carried out by Network Rail and if Network Rail gives to the undertaker not
less than 56 days’ notice (or in the event of an emergency or safety critical issue such notice as is
reasonable in the circumstances) of its intention to carry out such alterations or additions (which
must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of
those alterations or additions including, in respect of any such alterations and additions as are to be
permanent, a capitalised sum representing the increase of the costs which may be expected to be
reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any
such alterations or additions.
(2) If during the construction of a specified work by the undertaker, Network Rail gives notice to
the undertaker that Network Rail desires itself to construct that part of the specified work which in
the opinion of the engineer is endangering the stability of railway property or the safe operation of
traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work
is to be constructed, Network Rail must assume construction of that part of the specified work and
the undertaker must, notwithstanding any such approval of a specified work under paragraph 5(3),
pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation
for any loss which it may suffer by reason of the execution by Network Rail of that specified work.
(3) The engineer must, in respect of the capitalised sums referred to in this paragraph and
paragraph 10(a) provide such details of the formula by which those sums have been calculated as
the undertaker may reasonably require.
(4) If the cost of maintaining, working or renewing railway property is reduced in consequence of
any such alterations or additions a capitalised sum representing such saving must be set off against
any sum payable by the undertaker to Network Rail under this paragraph.
120. The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses
reasonably incurred by Network Rail—
(a) in constructing any part of a specified work on behalf of the undertaker as provided
by paragraph 5(3) or in constructing any protective works under the provisions of
paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum
representing the cost of maintaining and renewing those works;
(b) in respect of the approval by the engineer of plans submitted by the undertaker and the
supervision by the engineer of the construction of a specified work;
(c) in respect of the employment or procurement of the services of any inspectors, signallers,
watch-persons and other persons whom it shall be reasonably necessary to appoint for
inspecting, signalling, watching and lighting railway property and for preventing, so far as
may be reasonably practicable, interference, obstruction, danger or accident arising from
the construction or failure of a specified work;
(d) in respect of any special traffic working resulting from any speed restrictions which may
in the opinion of the engineer, require to be imposed by reason or in consequence of the
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construction or failure of a specified work or from the substitution or diversion of services
which may be reasonably necessary for the same reason; and
(e) in respect of any additional temporary lighting of railway property in the vicinity of the
specified works, being lighting made reasonably necessary by reason or in consequence
of the construction or failure of a specified work.
121.—(1) In this paragraph—
“EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail
apparatus generated by the operation of the authorised development where such interference
is of a level which adversely affects the safe operation of Network Rail’s apparatus; and
“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether
or not modified or installed as part of the authorised development) which are owned or
used by Network Rail for the purpose of transmitting or receiving electrical energy or of
radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other
communications.
(2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any
change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) for the
relevant part of the authorised development giving rise to EMI (unless the undertaker has been given
notice in writing before the approval of those plans of the intention to make such change).
(3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the
authorised development take all measures necessary to prevent EMI and must establish with Network
Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.
(4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)—
(a) the undertaker must consult with Network Rail as early as reasonably practicable to
identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must
continue to consult with Network Rail (both before and after formal submission of plans
under paragraph 5(1)) in order to identify all potential causes of EMI and the measures
required to eliminate them;
(b) Network Rail must make available to the undertaker all information in the possession
of Network Rail reasonably requested by the undertaker in respect of Network Rail’s
apparatus identified pursuant to sub-paragraph (a); and
(c) Network Rail must allow the undertaker reasonable facilities for the inspection of Network
Rail’s apparatus identified pursuant to sub-paragraph (a).
(5) In any case where it is established that EMI can only reasonably be prevented by
modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably
to modifications of Network Rail’s apparatus, but the means of prevention and the method of their
execution must be selected in the reasonable discretion of Network Rail, and in relation to such
modifications paragraph 5(1) has effect subject to the sub-paragraph.
(6) Prior to the commencement of operation of the authorised development the undertaker shall
test the use of the authorised development in a manner that shall first have been agreed with Network
Rail and if, notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing of
the authorised development causes EMI then the undertaker must immediately upon receipt of
notification by Network Rail of such EMI either in writing or communicated orally (such oral
communication to be confirmed in writing as soon as reasonably practicable after it has been issued)
forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such
EMI until all measures necessary have been taken to remedy such EMI by way of modification
to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-
paragraph (5)) to Network Rail’s apparatus.
(7) In the event of EMI having occurred—
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(a) the undertaker must afford reasonable facilities to Network Rail for access to the
undertaker’s apparatus in the investigation of such EMI;
(b) Network Rail must afford reasonable facilities to the undertaker for access to Network
Rail’s apparatus in the investigation of such EMI;
(c) Network Rail must make available to the undertaker any additional material information
in its possession reasonably requested by the undertaker in respect of Network Rail’s
apparatus or such EMI; and
(d) the undertaker shall not allow the use or operation of the authorised development in a
manner that has caused or will cause EMI until measures have been taken in accordance
with this paragraph to prevent EMI occurring.
(8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-
paragraphs (5) or (6)—
(a) Network Rail must allow the undertaker reasonable facilities for the inspection of the
relevant part of Network Rail’s apparatus;
(b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs
must be carried out and completed by the undertaker in accordance with paragraph 6.
(9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) applies
to the costs and expenses reasonably incurred or losses suffered by Network Rail through the
implementation of the provisions of this paragraph (including costs incurred in connection with the
consideration of proposals, approval of plans, supervision and inspection of works and facilitating
access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6)
applies.
(10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under
this paragraph shall be deemed to be protective works referred to in that paragraph.
(11) In relation to any dispute arising under this paragraph the reference in article 38 (arbitration)
to the Institution of Civil Engineers shall be read as a reference to the Institution of Engineering
and Technology.
122. If at any time after the completion of a specified work, not being a work vested in Network
Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any
part of the specified work appears to be such as adversely affects the operation of railway property,
the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to
put that specified work in such state of maintenance as not adversely to affect railway property.
123. The undertaker must not provide any illumination or illuminated sign or signal on or in
connection with a specified work in the vicinity of any railway belonging to Network Rail unless it
has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements
for preventing confusion between such illumination or illuminated sign or signal and any railway
signal or other light used for controlling, directing or securing the safety of traffic on the railway.
124. Any additional expenses which Network Rail may reasonably incur in altering,
reconstructing or maintaining railway property under any powers existing at the making of this Order
by reason of the existence of a specified work must, provided that 56 days’ previous notice of the
commencement of such alteration, reconstruction or maintenance has been given to the undertaker,
be repaid by the undertaker to Network Rail.
125.—(1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and
expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or
reasonably incurred by Network Rail—
(a) by reason of the construction, maintenance or operation of a specified work or the failure
thereof; or
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(b) by reason of any act or omission of the undertaker or of any person in its employ or of its
contractors or others whilst engaged upon a specified work;
(c) by reason of any act or omission of the undertaker or any person in its employ or of its
contractors or others whilst accessing to or egressing from the authorised development;
(d) in respect of any damage caused to or additional maintenance required to, railway property
or any such interference or obstruction or delay to the operation of the railway as a result
of access to or egress from the authorised development by the undertaker or any person
in its employ or of its contractors or others;
(e) in respect of costs incurred by Network Rail in complying with any railway operational
procedures or obtaining any regulatory consents which procedures are required to be
followed or consents obtained to facilitate the carrying out or operation of the authorised
development;
and the undertaker must indemnify and keep indemnified Network Rail from and against all claims
and demands arising out of or in connection with a specified work or any such failure, act or omission:
and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker
or in accordance with plans approved by the engineer or in accordance with any requirement of the
engineer or under the engineer’s supervision shall not (if it was done without negligence on the part
of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker
from any liability under the provisions of this sub-paragraph.
(2) Network Rail must—
(a) give the undertaker reasonable written notice of any such claims or demands; and
(b) not make any settlement or compromise of such a claim or demand without the prior
consent of the undertaker; and
(c) take such steps as are within its control and are reasonable in the circumstances to mitigate
any liabilities relating to such claims or demands and use reasonable endeavours to provide
the Undertaker with any correspondence (subject to confidentiality requirements, laws and
obligations) associated with mitigating liabilities.
(3) The sums payable by the undertaker under sub-paragraph (1) shall if relevant include a sum
equivalent to the relevant costs.
(4) In no circumstances is the Undertaker liable to Network Rail under sub-paragraph (1) for any
indirect or consequential loss or loss of profits, save that the sums payable by the Undertaker under
that sub-paragraph include a sum equivalent to the relevant costs in circumstances where—
(a) Network Rail is liable to make payment of the relevant costs pursuant to the terms of an
agreement between Network Rail and a train operator; and
(b) the existence of that agreement and the extent of Network Rail’s liability to make payment
of the relevant costs pursuant to its terms has previously been disclosed in writing to the
Undertaker, but not otherwise.
(5) Subject to the terms of any agreement between Network Rail and a train operator regarding
the timing or method of payment of the relevant costs in respect of that train operator, Network Rail
must promptly pay to each train operator the amount of any sums which Network Rail receives under
sub-paragraph (3) which relates to the relevant costs of that train operator.
(6) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs shall, in the
event of default, be enforceable directly by any train operator concerned to the extent that such sums
would be payable to that operator pursuant to sub paragraph (4).
(7) In this paragraph—
“the relevant costs” means the costs, losses and expenses (including loss of revenue) reasonably
incurred by each train operator as a consequence of any specified work including but not
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limited to any restriction of the use of Network Rail’s railway network as a result of the
construction, maintenance or failure of a specified work or any such act or omission as
mentioned in sub-paragraph (1); and
“train operator” means any person who is authorised to act as the operator of a train by a licence
under section 8 of the Railways Act 1993.
126. Network Rail must, on receipt of a request from the undertaker, from time to time provide
the undertaker free of charge with written estimates of the costs, charges, expenses and other
liabilities for which the undertaker is or will become liable under this Part of this Schedule (including
the amount of the relevant costs mentioned in paragraph 15) and with such information as may
reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or
to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs).
127. In the assessment of any sums payable to Network Rail under this Part of this Schedule
there must not be taken into account any increase in the sums claimed that is attributable to any
action taken by or any agreement entered into by Network Rail if that action or agreement was not
reasonably necessary and was taken or entered into with a view to obtaining the payment of those
sums by the undertaker under this Part of this Schedule or increasing the sums so payable.
128. The undertaker and Network Rail may, subject in the case of Network Rail to compliance
with the terms of its network licence, enter into, and carry into effect, agreements for the transfer
to the undertaker of—
(a) any railway property shown on the works and land plans and described in the book of
reference;
(b) any lands, works or other property held in connection with any such railway property; and
(c) any rights and obligations (whether or not statutory) of Network Rail relating to any
railway property or any lands, works or other property referred to in this paragraph.
129. Nothing in this Order, or in any enactment incorporated with or applied by this Order,
prejudices or affects the operation of Part I of the Railways Act 1993.
130. The undertaker must give written notice to Network Rail if any application is proposed to
be made by the undertaker for the Secretary of State’s consent, under article 5 (benefit of the Order)
of this Order and any such notice must be given no later than 28 days before any such application
is made and must describe or give (as appropriate)—
(a) the nature of the application to be made;
(b) the extent of the geographical area to which the application relates; and
(c) the name and address of the person acting for the Secretary of State to whom the
application is to be made.
131. The undertaker must no later than 28 days from the date that the plans submitted to and
certified by the Secretary of State in accordance with article 40 (certification of plans etc.) are
certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified
by Network Rail.
132. In relation to any dispute arising under this part of this Part of this Schedule (except for those
disputes referred to in paragraph 11) the provisions of article 38 (Arbitration) shall not apply and—
(a) any dispute or difference arising between the parties as to their respective rights, duties
and obligations under these provisions or as to any matters arising out of it or in connection
with the subject matters of these provisions must, in the first instance, be referred to
a representative of Network Rail and a representative of the undertaker, each of whom
holding a senior management position. Those representatives shall meet as soon as
possible and shall endeavour in good faith to resolve any dispute or difference amicably.
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(b) The representative of the undertaker shall be the relevant programme Director(s) and the
representative of Network Rail shall be the Director, Route Asset Management or, in either
case, such other person as may be notified to the other party from time to time.
(c) Any dispute or difference arising between the parties as to their respective rights, duties
and obligations (other than a dispute as to land compensation which must be referred to
the Upper Tribunal), which cannot be resolved as set out above is to be referred to and
settled by a single arbitrator to be agreed between the parties or, failing agreement, to be
appointed on the application of either party (after giving notice in writing to the other) to
the President of the Institution of Civil Engineers.
PART 11
Protection for Perenco Gas (UK) Limited, Perenco North Sea Limited, Everard
Energy Limited, Ithaca MA Limited, and RockRose (UKCS2) Limited
Application
133. The following provisions apply for the protection of the owner from time to time of the
Excalibur Assets, the Galahad Assets, the Lancelot Assets, the Malory Assets, the Pickerill Assets
and the Waveney Assets, unless otherwise agreed in writing between the undertaker and relevant
owner.
Interpretation
134. In this Part of this Schedule—
“array area” means the area delineated red hatching and annotated and shown as the array area
on the Perenco protective provisions plan;
“assets” means the Excalibur Assets, the Galahad Assets, the Lancelot Assets, the Malory
Assets, the Pickerill Assets and the Waveney Assets;
“aviation corridor” means the 1400 metre wide corridor of clear airspace (measured tip to tip
from one wind turbine generator to another) as shown delineated in grey and annotated and
shown as the ‘aviation corridor’ on the Perenco protective provisions plan;
“block” means a block of the United Kingdom Continental Shelf designated as such on the
map deposited at the principal office of the North Sea Transition Authority;
“co-existence and proximity agreement” means an agreement entered on reasonable terms
between the undertaker and the owner in respect of the undertaker’s works and owner’s works
to reconcile and protect the interests of the parties as are known at the time to secure the
implementation of the undertaker’s works and the owner’s works;
“Excalibur Assets” means the facilities and infrastructure owned, operated, leased or otherwise
contracted to the owner for the purposes of the Excalibur Licence or, following relinquishment
of the Excalibur Licence, the facilities and infrastructure subject to a decommissioning
programme related to the Excalibur Licence approved by OPRED, including the Excalibur
platform annotated as the ‘Excalibur Platform’ on the Perenco protective provisions plan;
“Excalibur Licence” means United Kingdom Petroleum Production Licence P461 in respect
of block 48/12c and United Kingdom Petroleum Production Licence P025 in respect of block
48/17a and 48/17b in relation to the Excalibur Assets;
“Excalibur to Lancelot communications line” means the communication line between the
Excalibur Assets and the Lancelot Assets as shown coloured pink and annotated and shown as
the ‘Excalibur to Lancelot communications line’ on the Perenco protective provisions plan;
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“Galahad Assets” means the facilities and infrastructure owned, operated, leased or otherwise
contracted to the owner for the purposes of the Galahad Licence or, following relinquishment of
the Galahad Licence, the facilities and infrastructure subject to a decommissioning programme
related to the Galahad Licence approved by OPRED, including the Galahad platform annotated
as the ‘Galahad Platform’ on the Perenco protective provisions plan;
“Galahad Decommissioning Programme” means the decommissioning programme as
approved by OPRED and as amended from time to time for the decommissioning of the
Galahad Assets;
“Galahad Licence” means the now surrendered United Kingdom Petroleum Production
Licence P142 in respect of blocks 48/12a (ALL) and 48/13b (Excluded Area Includes Galahad)
in relation to the Galahad Assets;
“Galahad marine corridor” means a 1000 metre wide corridor (being 500 metres either side of
the 12 inch diameter Galahad pipeline PL1166 (measured from the centre line of the pipeline))
as shown delineated in black and coloured red and annotated and shown as the ‘Galahad marine
corridor’ on the Perenco protective provisions plan;
“Galahad Works” means the decommissioning of the Galahad Assets in accordance with the
Galahad Decommissioning Programme, but excluding any post-decommissioning monitoring
and evaluation;
“Galahad WTG exclusion zone” means an area of 1200 metre radius measured from the centre
of the Galahad Assets production helideck and shown delineated in grey and coloured blue
and annotated and shown as the ‘Galahad WTG exclusion zone’ on the Perenco protective
provisions plan;
“Lancelot Assets” means the facilities and infrastructure owned, operated, leased or otherwise
contracted to the owner for the purposes of the Lancelot Licence or, following relinquishment
of the Lancelot Licence, the facilities and infrastructure subject to a decommissioning
programme related to the Lancelot Licence approved by OPRED, including the Lancelot
platform annotated as the ‘Lancelot Platform’ on the Perenco protective provisions plan;
“Lancelot Licence” means United Kingdom Petroleum Production Licence P25 in respect
of blocks 48/17a (HDLA) and 48/18a (HDLA) and United Kingdom Petroleum Production
Licence P463 in respect of block 48/17b (LANCE) in relation to the Lancelot Assets;
“Lancelot to Waveney communications line” means the communication line between the
Lancelot Assets and the Waveney Assets as shown coloured light blue and annotated and
shown as the ‘Lancelot to Waveney communications line’ on the Perenco protective provisions
plan;
“licences” means the Excalibur Licence, the Galahad Licence, the Lancelot Licence, the
Malory Licence, the Pickerill Licence and the Waveney Licence;
“licensee” means the licensee from time to time of the relevant licences;
“Malory Assets” means the facilities and infrastructure owned, operated, leased or otherwise
contracted to the owner for the purposes of the Malory Licence or, following relinquishment of
the Malory Licence, the facilities and infrastructure subject to a decommissioning programme
related to the Malory Licence approved by OPRED, including the Malory platform annotated
as the ‘Malory Platform’ on the Perenco protective provisions plan;
“Malory Licence” means United Kingdom Petroleum Production Licence P461 in respect of
blocks 48/12f (REST) and 48/12c (REST) and United Kingdom Petroleum Production Licence
P844 in respect of block 48/12d (F) in relation to the Malory Assets;
“Malory marine corridor” means a 1000 metre wide corridor as shown cross-hatched blue and
annotated and shown as the ‘Malory marine corridor’ on the Perenco protective provisions
plan;
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“Malory to Excalibur communications corridor” means two overlapping cylindrical shaped
corridors, each with a 142 metre radius cross section, centred on outermost corners of the
platform forming part of the Malory Assets, and following the communication line between the
Malory Assets and the Excalibur Assets (said communication line as shown coloured orange
and annotated and shown as the ‘Malory to Excalibur communications line’ on the Perenco
protective provisions plan) in the axial direction to the outermost corners of the platform
forming part of the Excalibur Assets as shown shaded grey on the inset plan annotated as ‘the
Malory to Excalibur communications corridor inset plan’ on the Perenco protective provisions
plan, insofar as said communications corridor is within the array area;
“Malory Works” means the operation of the Malory Assets in accordance with the Malory
Licence and the decommissioning of the Malory Assets in accordance with a decommissioning
programme to be approved by OPRED and as amended from time to time, but excluding any
post-decommissioning monitoring and evaluation;
“Malory WTG exclusion zone” means an area of 2500 metre radius measured from the centre
of the Malory Assets production helideck and shown delineated grey and coloured green
and annotated and shown as the ‘Malory WTG exclusion zone’ on the Perenco protective
provisions plan;
“ministerial statement” means the written statement given by the Secretary of State for Energy
and Climate Change to the UK Parliament regarding Crown Estate Leases for Offshore
Renewables Projects on 12 July 2011, or any similar supplementary or replacement policy;
“owner” means the licensee until such time as the relevant licences are relinquished
following cessation of production at the relevant assets, and thereafter the party responsible
for decommissioning the relevant facilities and infrastructure in accordance with a
decommissioning programme approved by OPRED until such time as the OPRED notice is
issued;
“owner’s works” means the Galahad Works, the Malory Works and the Pickerill Works;
“OPRED” means the Offshore Petroleum Regulator for Environment and Decommissioning;
“OPRED notice” means a letter or notice from OPRED confirming the acceptance of the close-
out report submitted by or on behalf of the relevant owner indicating that OPRED is satisfied
that the permanent decommissioning of the Galahad Assets, the Malory Assets or the Pickerill
Assets has been completed;
“Perenco protective provisions plan” means the plan entitled the Perenco protective provisions
plan and certified as the Perenco protective provisions plan for the purposes of this Part of
this Schedule;
“Pickerill Assets” means the facilities and infrastructure owned, operated, leased or otherwise
contracted to the owner for the purposes of the Pickerill Licence or the facilities and
infrastructure subject to the Pickerill Decommissioning Programme, including the Pickerill A
platform annotated as the ‘Pickerill A Platform’ and the Pickerill B platform annotated as the
‘Pickerill B Platform’ on the Perenco protective provisions plan;
“Pickerill Decommissioning Programme” means the decommissioning programme as
approved by OPRED and as amended from time to time for the decommissioning of the
facilities and infrastructure related to the Pickerill Licence;
“Pickerill Licence” means the United Kingdom Petroleum Production Licence P37, Licence
P460, Licence P461 and Licence P463 in respect of block 48/11A, block 48/11B, block 48/12c
and block 48/17f in respect of the Pickerill Assets;
“Pickerill marine corridor” means a 1000 metre wide corridor (being 500 metres either side of
the 16 inch diameter Pickerill pipeline PL816 and the 24 inch diameter Pickerill pipeline PL818
(measured from the centre line of each pipeline)), as shown cross-hatched black and annotated
and shown as the ‘Pickerill marine corridor’ on the Perenco protective provisions plan;
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“Pickerill Works” means the decommissioning of the Pickerill Assets in accordance with the
Pickerill Decommissioning Programme, but excluding any post-decommissioning monitoring
and evaluation;
“relevant activities” means all development activity relating to the carrying on of the
undertaker’s works and owner’s works within, or adjacent to the aviation corridor, the
communications corridor, the marine corridor or a WTG exclusion zone, including (but not
limited to) the preparation of development proposals, the submission of applications for
statutory consents associated with those proposals and consultation in respect thereof, the
acquisition of or application for new licence oil or gas blocks;
“relevant marine corridor” means—
(a) the Galahad marine corridor in respect of Galahad Assets;
(b) the Malory marine corridor in respect of the Malory Assets; and
(c) the Pickerill marine corridor in respect of the Pickerill Assets;
“undertaker’s works” means the offshore works permitted by this Order;
“Waveney Assets” means the facilities and infrastructure owned, operated, leased or otherwise
contracted to the owner for the purposes of the Waveney Licence or, following relinquishment
of the Waveney Licence, the facilities and infrastructure subject to a decommissioning
programme related to the Waveney Licence approved by OPRED, including the Waveney
platform annotated as the ‘Waveney Platform’ on the Perenco protective provisions plan;
“Waveney Licence” means United Kingdom Petroleum Production Licence P780 in respect of
block 48/17c (ALL) in respect of the Waveney Assets;
“West Sole A to Excalibur communications corridor” means two overlapping cylindrical
shaped corridors, each with—
(a) a 25 metre radius cross section, centred on the outermost corners of the West Sole A
platform (located in the area annotated and shown as the ‘West Sole A Platform’ on
the Perenco protective provisions plan) and following the communication line between
the West Sole A platform and the Excalibur Assets in (said communication line as
shown coloured dark blue and annotated and shown as the ‘West Sole A to Excalibur
communications line’ on the Perenco protective provisions plan) in the axial direction
from the point 7 kilometres from the outermost corners of the platform forming part of
the West Sole A platform to the point 7 kilometres from the outermost corners of the
platform forming part of the Excalibur Assets, as shown shaded blue on the inset plan
annotated as ‘the West Sole A to Excalibur communications corridor inset plan’ on the
Perenco protective provisions plan; and
(b) a 85 metre radius cross section, centred on the outermost corners of the platform
forming part of the Excalibur Assets, and following the communication line between
the Excalibur Assets and the West Sole A platform (said communication line as
shown coloured dark blue and annotated and shown as the ‘West Sole A to Excalibur
communications line’ on the Perenco protective provisions plan) in the axial direction
for 7 kilometres from the outermost corners of the platform forming part of the Excalibur
Assets, as shown shaded grey on the inset plan annotated as ‘the West Sole A to Excalibur
communications corridor inset plan’ on the Perenco protective provisions plan;
insofar as said communications corridor is within the array area;
“West Sole A to Lancelot communications corridor” means two overlapping cylindrical shaped
corridors, with a 19.5 metre radius cross section, centred on the outermost corners of the West
Sole A platform (located in the area annotated and shown as the ‘West Sole A Platform on
the Perenco protective provisions plan) and following the communications line between the
West Sole A platform and the Lancelot Assets (said communication line as shown coloured
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green and annotated and shown as the ‘West Sole A to Lancelot communications line’ on
the Perenco protective provisions plan) in the axial direction to the outermost corners of the
platform forming part of the Lancelot Assets as shown shaded blue on the inset plan annotated
as ‘the West Sole A to Lancelot communications corridor inset plan’ on the Perenco protective
provisions plan, insofar as said communications corridor is within the array area;
“West Sole A to Malory communications corridor” means two overlapping cylindrical shaped
corridors, with a 180 metre radius cross section, centred on the outermost corners of the West
Sole A platform (located in the area annotated and shown as the ‘West Sole A Platform on
the Perenco protective provisions plan) and following the communication line between the
West Sole A platform and the Malory Assets (said communication line as shown coloured
yellow and annotated and shown as the ‘West Sole A to Malory communications line’ on
the Perenco protective provisions plan) in the axial direction to the outermost corners of the
platform forming part of the Malory Assets, as shown shaded grey on the inset plan annotated
as ‘the West Sole A to Malory communications corridor inset plan’ on the Perenco protective
provisions plan, insofar as said communications corridor is within the array area;
“West Sole C to Malory communications corridor” means tow overlapping cylindrical shaped
corridors, each with—
(a) with a 17 metre radius cross section, centred on the outermost corners of the West Sole
C platform (located in the area annotated and shown as the ‘West Sole C Platform on the
Perenco protective provisions plan) and following the communication line between the
West Sole C platform and the Malory Assets (said communication line as shown coloured
purple and annotated and shown as the ‘West Sole C to Malory communications line’ on
the Perenco protective provisions plan) in the axial direction from the point 7 kilometres
from the outermost corners of the West Sole C platform to the point 7 kilometres from the
outermost corners of the platform forming part of the Malory Assets, as shown shaded
blue on the inset plan annotated as ‘the West Sole C to Malory communications corridor
inset plan’ on the Perenco protective provisions plan; and
(b) a 60 metre radius cross section, centred on the outermost corners of the platform forming
part of the Malory Assets and following the communication line between the Malory
Assets and the West Sole C platform (said communication line as shown coloured
purple and annotated and shown as the ‘West Sole C to Malory communications line’
on the Perenco protective provisions plan)_in the axial direction for 7 kilometres from
the outermost corners of the Malory platform as shown shaded grey on the inset plan
annotated as ‘the West Sole C to Malory communications corridor inset plan’ on the
Perenco protective provisions plan;
insofar as said communications corridor is within the array area.
Restriction on authorised development
135.—(1) Prior to the completion of the Malory works—
(a) no foundation (excluding scour protection) of any wind turbine generator, offshore
accommodation platform or offshore transformer substation or any permanent ancillary
works shall be erected in the Malory marine corridor;
(b) no cable protection shall exceed 5% of navigable depth referenced to Chart Datum in the
Malory marine corridor, unless otherwise approved by the MMO under condition 13(1)
(d)(ii)(bb) of the deemed marine licences set out in Schedule 10 (deemed marine licence
under the 2009 Act – generation assets) and Schedule 11 (deemed marine licence under
the 2009 Act – offshore transmission assets); and
(c) no part of any wind turbine generator shall be erected in the aviation corridor or the Malory
WTG exclusion zone,
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unless otherwise agreed in writing between the owner and the undertaker.
(2) Prior to completion of the Galahad works—
(a) no foundation (excluding scour protection) of any wind turbine generator, offshore
accommodation platform or offshore transformer substation or any permanent ancillary
works shall be erected in the Galahad marine corridor;
(b) no cable protection shall exceed 5% of navigable depth referenced to Chart Datum in the
Galahad marine corridor, unless otherwise approved by the MMO under condition 13(1)
(d)(ii)(bb) of the deemed marine licences set out in Schedule 10 (deemed marine licence
under the 2009 Act – generation assets) and Schedule 11 (deemed marine licence under
the 2009 Act – offshore transmission assets); and
(c) no part of any wind turbine generator shall be erected in the Galahad WTG exclusion zone,
unless otherwise agreed in writing between the owner and the undertaker.
(3) Prior to completion of the Pickerill works—
(a) no foundation (excluding scour protection) of any wind turbine generator, offshore
accommodation platform or offshore transformer substation or any permanent ancillary
works shall be erected in the Pickerill marine corridor; and
(b) no cable protection shall exceed 5% of navigable depth referenced to Chart Datum in the
Pickerill marine corridor, unless otherwise approved by the MMO under condition 13(1)
(d)(ii)(bb) of the deemed marine licences set out in Schedule 10 (deemed marine licence
under the 2009 Act – generation assets) and Schedule 11 (deemed marine licence under
the 2009 Act – offshore transmission assets),
unless otherwise agreed in writing between the owner and the undertaker.
(4) Until such time as the transmitter or receiver of microwave links forming part of the
communications systems permanently ceases to transmit or receive microwave links within the West
Sole C to Malory communications corridor—
(a) no tower forming part of any wind turbine generator shall be erected in the West Sole C to
Malory communications corridor, unless otherwise agreed in writing between the owner
and the undertaker; and
(b) no blades forming part of any wind turbine generator shall be erected in the in the West
Sole C to Malory communications corridor until the owner has approved the details to be
submitted under paragraph 4.
(5) Until such time as the transmitter or receiver of microwave links forming part of the
communications systems permanently ceases to transmit or receive microwave links within the West
Sole A to Lancelot communications line, and the Lancelot to Waveney communications line—
(a) no tower forming part of any wind turbine generator shall be erected in the West Sole A to
Lancelot communications corridor, unless otherwise agreed in writing between the owner
and the undertaker; and
(b) no blades forming part of any wind turbine generator shall be erected in the in the West
Sole A to Lancelot communications corridor until the owner has approved the details to
be submitted under paragraph 4.
(6) Until such time as the transmitter or receiver of microwave links forming part of the
communications systems permanently ceases to transmit or receive microwave links within the West
Sole A to Excalibur communications corridor and the Excalibur to Lancelot communications line—
(a) no tower forming part of any wind turbine generator shall be erected in the West Sole
A to Excalibur communications corridor, unless otherwise agreed in writing between the
owner and the undertaker; and
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(b) no blades forming part of any wind turbine generator shall be erected in the in the West
Sole A to Excalibur communications corridor until the owner has approved the details to
be submitted under paragraph 4.
(7) Until such time as the transmitter or receiver of microwave links forming part of the
communications systems permanently ceases to transmit or receive microwave links within the West
Sole A to Malory communications corridor—
(a) no tower forming part of any wind turbine generator shall be erected in the West Sole A to
Malory communications corridor, unless otherwise agreed in writing between the owner
and the undertaker; and
(b) no blades forming part of any wind turbine generator shall be erected in the in the West
Sole A to Malory communications corridor until the owner has approved the details to be
submitted under paragraph 4.
(8) Until such time as the transmitter or receiver of microwave links forming part of the
communications systems permanently ceases to transmit or receive microwave links within the
Malory to Excalibur communications corridor—
(a) no tower forming part of any wind turbine generator shall be erected in the Malory to
Excalibur communications corridor, unless otherwise agreed in writing between the owner
and the undertaker; and
(b) no blades forming part of any wind turbine generator shall be erected in the in the Malory
to Excalibur communications corridor until the owner has approved the details to be
submitted under paragraph 4.
(9) Until such time as the transmitter or receiver of microwave links forming part of the
communications systems permanently ceases to transmit or receive microwave links within the West
Sole C to Malory communications corridor, the West Sole A to Lancelot communications corridor,
the West Sole A to Excalibur communications corridor, the West Sole A to Malory communications
corridor or the Malory to Excalibur communications corridor, if any blades forming part of any wind
turbine generator prevents the transmission and reception of microwave links within the relevant
communication corridor to substantially the same level of performance, reliability and redundancy
as existed before the erection of such blades forming part of any wind turbine generator—
(a) the owner shall notify the undertaker of such interference and provide the undertaker with
evidence demonstrating that the transmission and reception of microwave links within
the relevant communication corridor is not operating at substantially the same level of
performance, reliability and redundancy as existed before the erection of such blades
forming part of any wind turbine generator;
(b) the undertaker shall procure as soon as is reasonably practicable that such blades will be
locked in a position that they do not have any part within the relevant communications
corridor until such interference is remediated to the reasonable satisfaction of the owner,
provided that, without prejudice to paragraph 3(9)(c), the owner shall, as soon as
reasonably practicable upon discovering such interference, use reasonable endeavours to
explore opportunities to maintain the transmission and reception between the relevant
platforms of microwave links with a substantially similar level of performance, reliability
and redundancy to the microwave link affected by temporarily utilising another available
and existing communications line and, after identifying and successfully testing such
option, the owner shall notify the undertaker that such blades do not require to be locked in
a position that they do not have any part within the relevant communications corridor; and
(c) the owner and undertaker shall seek to agree and implement, at the undertaker’s cost,
a technical solution to ensure substantially the same level of performance, reliability
and redundancy of transmission and reception of microwave links between the relevant
platforms as existed before the erection of such blades forming part of any wind
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turbine generator, which may include the use of another available communications line
permanently.
Submission and approval of plans
136.—(1) Before erecting any blades forming part of any wind turbine generator in the West
Sole C to Malory communications corridor, the West Sole A to Lancelot communications corridor,
the West Sole A to Excalibur communications corridor, the West Sole A to Malory communications
corridor or the Malory to Excalibur communications corridor, the undertaker must submit to the
owner a report which demonstrates to the reasonable satisfaction of the owner that the relevant
communications corridor will continue to transmit and receive microwave links to substantially the
same level of performance and reliability as existed before the erection of such blades forming part
of any wind turbine generator and such further particulars available to it as the owner may within
14 days of the receipt of the report reasonably request.
(2) Any approval of the owner required under this paragraph—
(a) must not be unreasonably withheld or delayed;
(b) shall be deemed to be given if it is—
(i)neither given nor refused; or
(ii)refused without an indication of the grounds for refusal,
within 60 days of the submission of the report submitted under sub-paragraph (1) or where
further particulars are submitted under sub-paragraph (1), within 60 days of the submission
of those further particulars; and
(c) may be given subject to such reasonable requirements or conditions as the owner may
have for ensuring that the relevant communications corridor will continue to transmit and
receive microwave links to substantially the same level of performance and reliability as
existed before the erection of such blades forming part of any wind turbine generator.
(3) The owner must not withhold approval required under this paragraph except on the ground that
the erection of any blades forming part of any wind turbine generator would prevent the transmission
and receipt of microwave links in the relevant communications corridor to substantially the same
level of performance and reliability as existed before the erection of such blades forming part of any
wind turbine generator.
(4) Any refusal under this paragraph must be accompanied by a statement of the grounds of
refusal.
Co-existence and proximity agreement
137.—(1) If, at any time the undertaker plans to undertake the undertaker’s works or any other
work which is in the Malory marine corridor, the Galahad marine corridor or the Pickerill marine
corridor, or is within 500m of the Galahad Assets, the Malory Assets, or the Pickerill Assets, the
undertaker shall notify the owner and the undertaker and the owner must, unless agreed otherwise,
acting reasonably, agree and enter into a co-existence and proximity agreement as soon as reasonably
practicable.
(2) the undertaker’s works in the locations set out in sub-paragraph (1) must not commence prior
to the co-existence and proximity agreement being entered into between the parties, unless it has
been agreed by the parties under sub-paragraph (1) that no co-existence and proximity agreement
is required.
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Provision of information
138. Without prejudice to any other rights or obligations under this Part of this Schedule the
owner and the undertaker shall from time to time keep each other informed of relevant activities such
that the owner and the undertaker may seek to agree solutions to allow those activities to successfully
co-exist as far as reasonably practicable until completion of activities required under any statutory
decommissioning plan required under the Petroleum Act 1998 in relation to the assets.
Arbitration
139. Any difference arising between the undertaker and the owner under this Part shall be referred
to and settled by arbitration under article 38 (arbitration).
PART 12
Protection for Shell U.K. Limited and Esso Exploration and Production UK Limited
Application
140. The following provisions apply for the protection of the owner from time to time of The
Barque Assets, unless otherwise agreed in writing between the undertaker and the owner.
Interpretation
141. In this Part of this Schedule—
“block” means a block of the United Kingdom Continental Shelf designated as such on the
map deposited at the principal office of the North Sea Transition Authority;
“Barque Assets” means the facilities and infrastructure owned, operated, leased or otherwise
contracted to the owner for the purposes of the licence or, following relinquishment of the
licence, the facilities and infrastructure subject to a decommissioning programme related to
the licence approved by OPRED, annotated as the ‘Barque Assets’ on the Shell protective
provisions plan;
“coexistence and proximity agreement” means an agreement entered on reasonable terms
between the undertaker and the owner in respect of the undertaker’s works and licensee’s
works to reconcile and protect the interests of the parties as are known at the time to secure
the implementation of the undertaker’s works and the licensee’s works;
“licence” means United Kingdom Petroleum Production Licence P8 in respect of blocks 48/13a
and 48/14a in relation to the Barque Assets;
“licensee” means the licensee from time to time of the licences;
“licensee’s works” means the operation of the Barque Assets in accordance with the licence and
the decommissioning of the Barque Assets in accordance with a decommissioning programme
to be approved by OPRED and as amended from time to time, but excluding any post-
decommissioning monitoring and evaluation;
“ministerial statement” means the written statement given by the Secretary of State for Energy
and Climate Change to the UK Parliament regarding Crown Estate Leases for Offshore
Renewables Projects on 12 July 2011, or any similar supplementary or replacement policy;
“OPRED” means the Offshore Petroleum Regulator for Environment and Decommissioning;
“OPRED notice” means a letter or notice from OPRED confirming the acceptance of the close-
out report submitted by or on behalf of the licensee indicating that OPRED is satisfied that the
permanent decommissioning of the Barque Assets has been completed;
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“owner” means the licensee until such time as the licence is relinquished following cessation
of production at the Barque Assets, and thereafter the party responsible for decommissioning
the relevant assets in accordance with a decommissioning programme approved by OPRED
until such time as the OPRED notice is issued;
“relevant activities” means all development activity relating to the carrying on of the
undertaker’s works and licensee’s works within, or adjacent to the WTG exclusion zone,
including (but not limited to) the preparation of development proposals, the submission of
applications for statutory consents associated with those proposals and consultation in respect
thereof, the acquisition of or application for new licence oil or gas blocks;
“Shell protective provisions plan” means the plan entitled the Shell protective provisions
plan and certified as the Shell protective provisions plan for the purposes of this Part of this
Schedule;
“undertaker’s works” means the offshore works permitted by this Order;
“WTG exclusion zone” means an area of 2,500 metre radius measured from the centre of the
Barque Assets production helideck and shown coloured green and annotated and shown as the
‘WTG exclusion zone’ on the Shell protective provisions plan.
Restriction on authorised development
142. Prior to the completion of the licensee’s works, no part of any wind turbine generator shall
be erected in the WTG exclusion zone unless otherwise agreed in writing between the licensee and
the undertaker.
Coexistence and proximity agreement
143. If, at any time the undertaker plans to undertake the undertaker’s works or any other work
which is within 500m of the Barque Assets, the undertaker shall notify the owner and the undertaker
and the owner must, unless agreed otherwise, acting reasonably, agree and enter into a co-existence
and proximity agreement as soon as reasonably practicable.
Provision of information
144. Without prejudice to any other rights or obligations under this Part of this Schedule the
owner and the undertaker shall from time to time keep each other informed of relevant activities such
that the owner and the undertaker may seek to agree solutions to allow those activities to successfully
co-exist as far as reasonably practicable until completion of activities required under any statutory
decommissioning plan required under the Petroleum Act 1998 in relation to the licence and taking
place within the areas subject to the licence.
Arbitration
145. Any difference arising between the undertaker the owner under this Part shall be referred
to and settled by arbitration under article 38 (arbitration).
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PART 13
Protection for Lincs Wind Farm Limited
Application
146. The Following provisions shall apply for the protection of Lincs unless otherwise agreed in
writing between the undertaker and Lincs.
Interpretation
147. In this Part of this Schedule—
“Lincs” means Lincs Wind Farm Limited, a company registered in Scotland with company
number SC213646 and having its registered office at 13 Queens Road, Aberdeen, Scotland,
AB15 4YL and any successor with the benefit of the rights to operate the Lincs Offshore Wind
Farm;
“Lincs Offshore Wind Farm” means the 270 megawatts wind farm located 8 kilometres off the
east coast of England, near Skegness in Lincolnshire;
“Lincs Control Area” means an area, or areas, within the boundaries of Work Nos. 5, 7 and
8 described in Part 1 of Schedule 1 to the Order or any part of that work and which is within
a fixed distance extending outwards from the boundary for the Lincs Offshore Windfarm as
described on plans prepared by the undertaker;
“Lincs Proximity Agreement” means an agreement setting out the technical and commercial
terms governing the interaction between any works authorised by this Order forming part of
the Lincs Control Area and the Lincs Offshore Wind Farm; and
“plans” includes designs, drawings, timing schedules, procedures and risk assessments.
Control of works within the Lincs control area
148. Works within Work Nos. 5, 7 and 8 must not be commenced until—
(a) plans of the Lincs Control Area have been submitted to and approved by the Secretary
of State; and
(b) the undertaker has entered into the Lincs Proximity Agreement with Lincs
(c) unless otherwise agreed in writing by the undertaker and Lincs.
Arbitration
149. Any difference or dispute arising between the undertaker and Lincs under this Part of this
Schedule must, unless otherwise agreed in writing between the undertaker and Lincs, be determined
by arbitration in accordance with article 38 (arbitration).
PART 14
Protection for Race Bank Wind Farm Limited
Application
150. The Following provisions shall apply for the protection of Race Bank unless otherwise
agreed in writing between the undertaker and Race Bank.
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Interpretation
151. In this Part of this Schedule—
“Race Bank” means Race Bank Wind Farm Limited, a company registered in England and
Wales with company number 05017828 and having its registered office at 5 Howick Place,
London, England, SW1P 1WG and any successor with the benefit of the rights to operate the
Race Bank Offshore Wind Farm;
“Race Bank Offshore Wind Farm” means the 573 megawatts wind farm located approximately
27 kilometres off the east coast of England, near Chapel St Leonards in Lincolnshire;
“Race Bank Control Area” means an area, or areas, within the boundaries of Work Nos. 5,
7 and 8 described in Part 1 of Schedule 1 to the Order or any part of that work and which
is within a fixed distance extending outwards from the boundary for the Race Bank Offshore
Windfarm as described on plans prepared by the undertaker;
“Race Bank Proximity Agreement” means an agreement setting out the technical and
commercial terms governing the interaction between any works authorised by this Order
forming part of the Race Bank Control Area and the Race Bank Offshore Wind Farm; and
“plans” includes designs, drawings, timing schedules, procedures and risk assessments.
Control of works within the Race Bank control area
152. Works within Work Nos. 5, 7 and 8 must not be commenced until—
(a) Plans of the Race Bank Control Area have been submitted to and approved by the Secretary
of State; and
(b) The undertaker has entered into the Race Bank Proximity Agreement with Race Bank,
unless otherwise agreed in writing between the undertaker and Race Bank.
Arbitration
153. Any difference or dispute arising between the undertaker and Race Bank under this Part of
this Schedule must, unless otherwise agreed in writing between the undertaker and Race Bank, be
determined by arbitration in accordance with article 38 (arbitration).
PART 15
Protection for Dudgeon Extension Limited
Application
154. The following provisions shall apply for the protection of DEL unless otherwise agreed in
writing between the undertaker and DEL.
Interpretation
155. In this Part of this Schedule—
“Dudgeon Extension Project” means the Dudgeon Offshore Wind Farm Extension Project to
be located 26.5km north of the Norfolk Coast;
“DEL” means Dudgeon Extension Limited, a company registered in England and Wales with
company number 12148301 and having its registered office at 1 Kingdom Street, London W2
6BD and any successor with the benefit of the rights in relation to the Dudgeon Extension
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Project under the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order
2024(94);
“DEP Control Area” means an area, or areas, within the boundaries of Work Nos. 5, 7 and 8
described in Part 1 of Schedule 1 to the Order or any part of that work and which is within a
fixed distance extending outwards from the boundary for the Dudgeon Extension Project as
described on plans prepared by the undertaker;
“DEP Proximity Agreement” means an agreement setting out the technical and commercial
terms governing the interaction between any works authorised by this Order forming part of
the DEP Control Area and the Dudgeon Extension Project; and
“plans” includes designs, drawings, timing schedules, procedures and risk assessments.
Control of works within the DEP control area
156. Works within Work Nos. 5, 7 and 8 must not be commenced until—
(a) Plans of the DEP Control Area have been submitted to and approved by the Secretary of
State; and
(b) The undertaker has entered into the DEP Proximity Agreement with DEL,
unless otherwise agreed in writing by the undertaker and DEL.
Arbitration
157. Any difference or dispute arising between the undertaker and DEL under this Part of this
Schedule must, unless otherwise agreed in writing between the undertaker and DEL, be determined
by arbitration in accordance with article 38 (arbitration).
PART 16
Protection for Spalding Energy Company
Limited and Spalding Energy Expansion Limited
Application
158.—(1) For the protection of Spalding Energy as referred to in this Part of this Schedule the
following provisions have effect, unless otherwise agreed in writing between the undertaker and
Spalding Energy.
(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the
undertaker and Spalding Energy, where the benefit of this Order is transferred or granted to another
person under article 5 (benefit of the Order)—
(a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made
between Spalding Energy and the transferee or grantee (as the case may be) in all cases
where the transfer of the benefit relates to any specified works; and
(b) written notice of the transfer or grant must be given to Spalding Energy on or before the
date of that transfer or grant.
(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to
Spalding Energy (but without prejudice to paragraph10(3)(b)).
159. In this Part of this Schedule—
(94) S.I. 2025/564. This Order was corrected by S.I. 2024/1338.
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“acceptable credit provider” means a bank or financial institution with a credit rating that is
not lower than: (i) “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch
Ratings; and “A3” if the rating is assigned by Moody’s Investors Services Inc.;
“acceptable insurance” means general third party liability insurance effected and maintained
by the undertaker with a combined property damage and bodily injury limit of indemnity of
not less than £50,000,000.00 (fifty million pounds) per occurrence or series of occurrences
arising out of one event. Such insurance must be maintained (a) during the construction period
of the authorised works; and (b) after the construction period of the authorised works in respect
of any use and maintenance of the authorised development by or on behalf of the undertaker
which constitute specified works and arranged with an insurer whose security/credit rating
meets the same requirements as an “acceptable credit provider”, such insurance must include
(without limitation):
(a) a waiver of subrogation and an indemnity to principal clause in favour of Spalding
Energy;
(b) pollution liability for third party property damage and third party bodily damage arising
from any pollution/contamination event with a (sub)limit of indemnity of not less than
£10,000,000.00 (ten million pounds) per occurrence or series of occurrences arising out
of one event or £20,000,000.00 (twenty million pounds) in aggregate;
“acceptable security” means either—
(a) a parent company guarantee from a parent company in favour of Spalding Energy
to cover the undertaker’s liability to Spalding Energy to a total liability cap of
£50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to Spalding
Energy and where required by Spalding Energy, accompanied with a legal opinion
confirming the due capacity and authorisation of the parent company to enter into and
be bound by the terms of such guarantee); or
(b) a bank bond or letter of credit from an acceptable credit provider in favour of Spalding
Energy to cover the undertaker’s liability to Spalding Energy for an amount of not less
than £10,000,000.00 (ten million pounds) per asset per event up to a total liability cap
of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to Spalding
Energy);
“alternative apparatus” means appropriate alternative apparatus to the satisfaction of Spalding
Energy to enable Spalding Energy to fulfil its statutory functions in a manner no less efficient
than previously;
“apparatus” means any mains, pipes or other apparatus belonging to or maintained by Spalding
Energy for the purposes of gas supply together with any replacement apparatus and such other
apparatus constructed pursuant to the Order that becomes operational apparatus of Spalding
Energy for the purposes of transmission, distribution and/or supply and includes any structure
in which apparatus is or will be lodged or which gives or will give access to apparatus;
“authorised works” has the same meaning as is given to the term “authorised development”
in article 2(1) of this Order and includes any associated development authorised by the Order
and for the purposes of this Part of this Schedule includes the use and maintenance of the
authorised works and construction of any works authorised by this Schedule;
“commence” and “commencement” in this Part of this Schedule include any below ground
surveys, monitoring, ground work operations or the receipt and erection of construction plant
and equipment;
“deed of consent” means a deed of consent, crossing agreement, deed of variation or new
deed of grant agreed between the parties acting reasonably in order to vary or replace existing
easements, agreements, enactments and other such interests so as to secure land rights and
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interests as are necessary to carry out, maintain, operate and use the apparatus in a manner
consistent with the terms of this Part of this Schedule;
“functions” includes powers and duties;
“ground mitigation scheme” means a scheme approved by Spalding Energy (such approval
not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a
ground subsidence event;
“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out
the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the
manner in which ground levels are to be monitored, the timescales of any monitoring activities
and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for
Spalding Energy’s approval a ground mitigation scheme;
“ground subsidence event” means any ground subsidence identified by the monitoring
activities set out in the ground monitoring scheme that has exceeded the level described in the
ground monitoring scheme as requiring a ground mitigation scheme;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to
apparatus or alternative apparatus under, over, across, along or upon such land;
“maintain” and “maintenance” includes the ability and right to do any of the following in
relation to any apparatus or alternative apparatus of Spalding Energy: construct, use, repair,
alter, inspect, renew or remove the apparatus;
“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports,
programmes, calculations, risk assessments and other documents that are reasonably necessary
properly and sufficiently to describe and assess the works to be executed;
“parent company” means a parent company of the undertaker acceptable to and which has been
approved by Spalding Energy acting reasonably;
“Spalding Energy” means either Spalding Energy Company, Ltd, (company number:
FC019668) whose registered office is at Maples and Calder, Attorneys-At-Law, Ugland House,
PO BOX 309, George Town, Cayman Islands, B.W Indies, acting through its UK branch
Spalding Energy Company, Ltd with its UK establishment office address at Spalding Power
Station, West Marsh Road, Spalding, PE11 2BB (branch number: BR003663) or Spalding
Energy Expansion Ltd a company incorporated in England and Wales (registered number:
06790895) whose registered office is at 30 Crown Place, Earl Street, London, United Kingdom,
EC2A 4ES, or any successor being the party who owns or maintains the relevant apparatus;
“specified works” means any of the authorised works or activities undertaken in association
with the authorised works which will or may be situated over, or within 100 metres measured
in any direction of any apparatus the removal of which has not been required by the undertaker
under paragraph 6(2) or otherwise; and
“undertaker” means the undertaker as defined in article 2(1) of this Order.
On Street Apparatus
160. Except for paragraphs 4 (apparatus of Spalding Energy in closed streets), 8 (retained
apparatus: protection), 9 (expenses) and 10 (indemnity) of this Schedule which will apply in respect
of the exercise of all or any powers under the Order affecting the rights and apparatus of Spalding
Energy, the other provisions of this Schedule do not apply to apparatus in respect of which the
relations between the undertaker and Spalding Energy are regulated by the provisions of Part 3 of
the 1991 Act.
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Apparatus of Spalding Energy in closed streets
161. Notwithstanding the temporary closure or diversion of any streets under the powers of article
10 (temporary closure of public rights of way) or article 11 (temporary closure of streets), Spalding
Energy is at liberty at all times to take all necessary access across any such closed street and to
execute and do all such works and things in, upon or under any such street as may be reasonably
necessary or desirable to enable it to maintain any apparatus which at the time of the closure or
diversion was in that street.
Acquisition of land
162.—(1) Regardless of any provision in this Order or anything shown on the land plans or
contained in the book of reference to the Order, the undertaker may not—
(a) appropriate or acquire or take temporary possession of any land or apparatus of Spalding
Energy; or
(b) appropriate, acquire, extinguish, interfere with or override any easement, other interest or
right and/or apparatus of Spalding Energy,
otherwise than by agreement.
(2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying
out of any part of the authorised works (or in such other timeframe as may be agreed between
Spalding Energy and the undertaker) that is subject to the requirements of this Part of this Schedule
that will cause any conflict with or breach the terms of any easement or other legal or land interest
of Spalding Energy or affect the provisions of any enactment or agreement regulating the relations
between Spalding Energy and the undertaker in respect of any apparatus laid or erected in land
belonging to or secured by the undertaker, the undertaker must as Spalding Energy reasonably
requires enter into such deeds of consent upon such terms and conditions as may be agreed between
Spalding Energy and the undertaker acting reasonably and which must be no less favourable on
the whole to Spalding Energy unless otherwise agreed by Spalding Energy, and it will be the
responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds
and variations by all other third parties with an interest in the land at that time who are affected by
such authorised works.
(3) Save where otherwise agreed in writing between Spalding Energy and the undertaker, the
undertaker and Spalding Energy agree that where there is any inconsistency or duplication between
the provisions set out in this Part of this Schedule relating to the relocation and/or removal of
apparatus (including but not limited to the payment of costs and expenses relating to such relocation
and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and
licences granted, used, enjoyed or exercised by Spalding Energy and/or other enactments relied upon
by Spalding Energy as of right or other use in relation to the apparatus, then the provisions in this
Schedule prevails.
(4) Any agreement or consent granted by Spalding Energy under paragraph 8 or any other
paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-
paragraph (1).
Removal of apparatus
163.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any
interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must
not be removed under this Part of this Schedule and any right of Spalding Energy to maintain that
apparatus in that land must not be extinguished until alternative apparatus has been constructed, and
is in operation to the reasonable satisfaction of Spalding Energy in accordance with sub-paragraph (2)
to (5).
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(2) If, for the purpose of executing any works in, on, under or over any land purchased, held,
appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in
that land, it must give to Spalding Energy advance written notice of that requirement, together with
a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided
or constructed and in that case (or if in consequence of the exercise of any of the powers conferred
by this Order Spalding Energy reasonably needs to remove any of its apparatus) the undertaker
must, subject to sub-paragraph (3), secure any necessary consents for the alternative apparatus and
afford to Spalding Energy to its satisfaction (taking into account paragraph 7(1) below) the necessary
facilities and rights—
(a) for the construction of alternative apparatus in other land of or land secured by the
undertaker; and
(b) subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in
other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and
rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of
such apparatus is to be constructed, Spalding Energy may in its sole discretion, on receipt of a written
notice to that effect from the undertaker, take such steps as are reasonable in the circumstances to
assist the undertaker to obtain the necessary facilities and rights in the land in which the alternative
apparatus is to be constructed save that this obligation does not extend to the requirement for
Spalding Energy to use its compulsory purchase powers to this end unless it elects to so do.
(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under
this Part of this Schedule must be constructed in such manner and in such line or situation as may
be agreed between Spalding Energy and the undertaker.
(5) Spalding Energy must, after the alternative apparatus to be provided or constructed has been
agreed, and subject to a written diversion agreement having been entered into between the parties and
the grant to Spalding Energy of any such facilities and rights as are referred to in sub-paragraph (2) or
(3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus
and subsequently to remove any apparatus required by the undertaker to be removed under the
provisions of this Part of this Schedule.
Facilities and rights for alternative apparatus
164.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker
affords to or secures for Spalding Energy facilities and rights in land for the construction, use,
maintenance and protection of alternative apparatus in substitution for apparatus to be removed,
those facilities and rights must be granted upon such terms and conditions as may be agreed between
the undertaker and Spalding Energy and must be no less favourable on the whole to Spalding Energy
than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise
agreed by Spalding Energy.
(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative
apparatus, and the terms and conditions subject to which those facilities and rights are to be granted,
are less favourable on the whole to Spalding Energy than the facilities and rights enjoyed by it
in respect of the apparatus to be removed and the terms and conditions to which those facilities
and rights are subject the matter may be referred to arbitration in accordance with paragraph 14
(Arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment
of compensation by the undertaker to Spalding Energy as appears to the arbitrator to be reasonable
having regard to all the circumstances of the particular case.
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Retained apparatus: protection
165.—(1) Not less than 112 days before the commencement of any specified works the undertaker
must submit to Spalding Energy a plan and, if reasonably required by Spalding Energy, a ground
monitoring scheme in respect of those works.
(2) The plan to be submitted to Spalding Energy under sub-paragraph (1) must include a method
statement and describe—
(a) the exact position of the specified works;
(b) the level at which these are proposed to be constructed or renewed;
(c) the manner of their construction or renewal including details of excavation and positioning
of plant;
(d) the position of all apparatus;
(e) by way of detailed drawings, every alteration proposed to be made to or close to any such
apparatus; and
(f) any intended maintenance regimes.
(3) The undertaker must consider the existing pipeline’s cathodic protection system and provide
an earthing assessment where required by Spalding Energy.
(4) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply
until Spalding Energy has given written approval of the plan so submitted.
(5) Any approval of Spalding Energy required under sub-paragraph (4)—
(a) may be given subject to reasonable conditions for any purpose mentioned in sub-
paragraphs (6) or (7) which reasonable conditions could be satisfied by the entering into
a crossing agreement, proximity agreement or an interface agreement if the parties agree
it is appropriate and necessary to do so acting reasonably and without undue delay as to
the need for and terms of such agreement; and,
(b) must not be unreasonably withheld.
(6) In relation to any work to which sub-paragraphs (1) and/or (2) apply, Spalding Energy may
require such modifications to be made to the plans as may be reasonably necessary for the purpose
of securing its apparatus against interference or risk of damage for the provision of protective works
or for the purpose of providing or securing proper and convenient means of access to any apparatus.
(7) Works executed under sub-paragraphs (1) or (2) must be executed in accordance with the plan
submitted under sub-paragraph (1) or as relevant sub paragraph (6), as approved or as amended from
time to time by agreement between the undertaker and Spalding Energy and in accordance with such
reasonable requirements as may be made in accordance with sub-paragraphs (6) or (8) by Spalding
Energy for the alteration or otherwise for the protection of the apparatus, or for securing access to
it, and Spalding Energy as will be entitled to watch and inspect the execution of those works.
(8) Where Spalding Energy requires any protective works to be carried out by itself or by
the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of
any measures or schemes required and approved as part of the plan approved pursuant to this
paragraph, must be carried out to Spalding Energy’s satisfaction prior to the commencement of any
specified works for which protective works are required and Spalding Energy must give notice of
its requirement for such works within 84 days of the date of submission of a plan pursuant to this
paragraph (except in an emergency).
(9) If Spalding Energy in accordance with sub-paragraphs (6) or (8) and in consequence of
the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives
written notice to the undertaker of that requirement, sub-paragraphs (1) to (3) and (6) to (8) apply
as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).
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(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time
to time, but in no case less than 56 days, unless otherwise agreed by the undertaker and Spalding
Energy in writing, before commencing the execution of the specified works, a new plan, instead of
the plan previously submitted, and having done so the provisions of this paragraph will apply to and
in respect of the new plan.
(11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry
out emergency works as defined in the 1991 Act but in that case it must give to Spalding Energy
notice as soon as is reasonably practicable and a plan of those works and must comply with sub-
paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances and comply with
sub paragraph (12) at all times;
(12) At all times when carrying out any works authorised under the Order Spalding Energy must
comply with HSE’s “HS(~G)47 Avoidance of Danger from underground services”.
(13) As soon as reasonably practicable after any ground subsidence event attributable to the
authorised development the undertaker must implement an appropriate ground mitigation scheme
save that Spalding Energy retains the right to carry out any further necessary protective works for
the safeguarding of its apparatus and can recover any such costs in line with paragraph 9.
Expenses
166.—(1) Save where otherwise agreed in writing between Spalding Energy and the undertaker
and subject to the following provisions of this paragraph, the undertaker must pay to Spalding Energy
within 30 days of receipt of an invoice or claim from Spalding Energy all charges, costs and expenses
reasonably anticipated within the following three months or reasonably and properly incurred by
Spalding Energy in, or in connection with, the inspection, removal, relaying or replacing, alteration
or protection of any apparatus or the construction of any new or alternative apparatus which may be
required in consequence of the execution of any authorised works including without limitation—
(a) any costs reasonably incurred by or compensation properly paid by Spalding Energy
in connection with the acquisition of rights or the exercise of statutory powers for
such apparatus including without limitation all costs incurred by Spalding Energy as a
consequence of Spalding Energy—
(i)using its own compulsory purchase powers to acquire any necessary rights under
paragraph 6(3); or
(ii)exercising any compulsory purchase powers in the Order transferred to or benefitting
Spalding Energy;
(b) in connection with the cost of the carrying out of any diversion work or the provision of
any alternative apparatus, where no written diversion agreement is otherwise in place;
(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant
apparatus;
(d) the approval of plans;
(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining
and renewing permanent protective works;
(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the
installation or removal of any temporary works reasonably necessary in consequence of
the execution of any such works referred to in this Part of this Schedule; and
(g) time reasonably spent by internal management and staff of Spalding Energy on the matters
contained within this paragraph 9(1).
(2) If in accordance with the provisions of this Part of this Schedule—
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(a) apparatus of better type, of greater capacity or of greater dimensions is placed in
substitution for existing apparatus of worse type, of smaller capacity or of smaller
dimensions; or
(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is
placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus
at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is
not determined by arbitration in accordance with paragraph 14 (arbitration) to be necessary, then, if
such placing involves cost in the construction of works under this Part of this Schedule exceeding
that which would have been involved if the apparatus placed had been of the existing type, capacity
or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-
paragraph would be payable to Spalding Energy by virtue of sub-paragraph (1) will be reduced by
the amount of that excess save to the extent that it is not possible in the circumstances to obtain
the existing type of apparatus at the same capacity and dimensions or place at the existing depth in
which case full costs will be borne by the undertaker.
(3) For the purposes of sub-paragraph (3)—
(a) an extension of apparatus to a length greater than the length of existing apparatus will
not be treated as a placing of apparatus of greater dimensions than those of the existing
apparatus; and
(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary,
the consequential provision of a jointing chamber or of a manhole will be treated as if it
also had been agreed or had been so determined.
Indemnity
167.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the
construction of any works authorised by this Part of this Schedule or in consequence of the
construction, use, maintenance or failure of any of the authorised works by or on behalf of the
undertaker or in consequence of any act or default of the undertaker (or any person employed or
authorised by him) in the course of carrying out such works, including without limitation works
carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any
of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus
the repair of which is not reasonably necessary in view of its intended removal for the purposes of
the authorised works) or property of Spalding Energy, or there is any interruption in any service
provided, or in the supply of any goods or energy, by Spalding Energy or Spalding Energy becomes
liable to pay any amount to any third party, the undertaker will—
(a) bear and pay on demand accompanied by an invoice or claim from Spalding Energy the
cost reasonably and properly incurred by Spalding Energy in making good such damage
or restoring the supply; and
(b) indemnify Spalding Energy for any other expenses, loss, demands, proceedings, damages,
claims, penalty or costs incurred by or recovered from Spalding Energy, by reason or in
consequence of any such damage or interruption or Spalding Energy becoming liable to
any third party other than arising from any default of Spalding Energy.
(2) The fact that any act or thing may have been done by Spalding Energy on behalf of the
undertaker or in accordance with a plan approved by Spalding Energy or in accordance with any
requirement of Spalding Energy or under its supervision will not (unless sub-paragraph (3) applies),
excuse the undertaker from liability under the provisions of this sub-paragraph (2) unless Spalding
Energy fails to carry out and execute the works properly with due care and attention and in a skilful
and workman like manner or in a manner that does not accord with the approved plan.
(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—
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(a) any damage or interruption to the extent that it is attributable to the neglect or default of
Spalding Energy, its officers, servants, contractors or agents;
(b) any authorised works and/or any other works authorised by this Part of this Schedule
carried out by Spalding Energy as an assignee, transferee or lessee of the undertaker with
the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 5
(benefit of the Order) subject to the proviso that once such works become apparatus (“new
apparatus”), any authorised works yet to be executed and not falling within this sub-
paragraph 3(b) will be subject to the full terms of this Part of this Schedule including this
paragraph 10; and/or
(c) any indirect or consequential loss of any third party (including but not limited to loss of use,
revenue, profit, contract, production, increased cost of working or business interruption)
arising from any such damage or interruption, which is not reasonably foreseeable;
(4) Spalding Energy must give the undertaker reasonable notice of any such claim or demand
and no settlement, admission of liability or compromise must, unless payment is required in
connection with a statutory compensation scheme, be made without first consulting the undertaker
and considering their representations.
(5) Spalding Energy must, in respect of any matter covered by the indemnity given by the
undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if
settling third party claims on its own behalf from its own funds.
(6) Spalding Energy must use its reasonable endeavours to mitigate and to minimise any costs,
expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where
it is within Spalding Energy’s reasonable ability and control to do so and which expressly excludes
any obligation to mitigate liability arising from third parties which is outside of Spalding Energy’s
control and, if reasonably requested to do so by the undertaker, Spalding Energy must provide an
explanation of how the claim has been minimised, where relevant.
(7) Not to commence construction (and not to permit the commencement of such construction) of
the authorised works on any land owned by Spalding Energy or in respect of which Spalding Energy
has an easement or wayleave for its apparatus or any other interest or to carry out any works within
100 metres of Spalding Energy’s apparatus until the following conditions are satisfied—
(a) unless and until Spalding Energy is satisfied acting reasonably (but subject to all necessary
regulatory constraints) that the undertaker has first provided the acceptable security (and
provided evidence that it will maintain such acceptable security for the construction period
of the authorised works from the proposed date of commencement of construction of
the authorised works) and Spalding Energy has confirmed the same to the undertaker in
writing; and
(b) unless and until Spalding Energy is satisfied acting reasonably (but subject to all necessary
regulatory constraints) that the undertaker has procured acceptable insurance (and
provided evidence to Spalding Energy that it will maintain such acceptable insurance for
the construction period of the authorised works from the proposed date of commencement
of construction of the authorised works) and Spalding Energy has confirmed the same in
writing to the undertaker.
(8) In the event that the undertaker fails to comply with 10(7) of this Part of this Schedule, nothing
in this Part of this Schedule prevents Spalding Energy from seeking injunctive relief (or any other
equitable remedy) in any court of competent jurisdiction.
Enactments and agreements
168. Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or
by agreement in writing between Spalding Energy and the undertaker, nothing in this Part of this
Schedule affects the provisions of any enactment or agreement regulating the relations between the
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undertaker and Spalding Energy in respect of any apparatus laid or erected in land belonging to the
undertaker on the date on which this Order is made.
Co-operation
169.—(1) Where in consequence of the proposed construction of any part of the authorised
works, the undertaker or Spalding Energy requires the removal of apparatus under paragraph 6(2) or
Spalding Energy makes requirements for the protection or alteration of apparatus under paragraph 8,
the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests
of safety and the efficient and economic execution of the authorised works and taking into account
the need to ensure the safe and efficient operation of Spalding Energy’s undertaking and Spalding
Energy must use its best endeavours to co-operate with the undertaker for that purpose.
(2) For the avoidance of doubt whenever Spalding Energy’s consent, agreement or approval is
required in relation to plans, documents or other information submitted by the undertaker or the
taking of action by the undertaker, it must not be unreasonably withheld or delayed.
Access
170. If in consequence of the agreement reached in accordance with paragraph 5(1) or the powers
granted under this Order the access to any apparatus is materially obstructed, the undertaker must
provide such alternative means of access to such apparatus as will enable Spalding Energy to
maintain or use the apparatus no less effectively than was possible before such obstruction.
Arbitration
171. Save for differences or disputes arising under paragraph 6(2), 6(4), 7(1) and 8 any difference
or dispute arising between the undertaker and Spalding Energy under this Part of this Schedule must,
unless otherwise agreed in writing between the undertaker and Spalding Energy, be determined by
arbitration in accordance with article 38 (arbitration).
Notices
172. Notwithstanding article 46 (service of notices), any plans submitted to Spalding Energy by
the undertaker pursuant to paragraph 8 must be submitted by courier service, first class post or by
registered post to Spalding Energy Company, Ltd, West Marsh Road, Spalding, Lincolnshire, PE11
2BB and with a copy sent to edaniels@intergen.com and uknotices@intergen.com or such other
address as Spalding Energy may from time to time appoint instead for that purpose and notify to
the undertaker in writing.
SCHEDULE 19 Article 38
Arbitration Rules
Primary objective
1.—(1) The primary objective of these Arbitration Rules is to achieve a fair, impartial, final and
binding award on the substantive difference between the parties (save as to costs) within 4 months
from the date the Arbitrator is appointed pursuant to article 38 (arbitration) of the Order.
(2) The Parties will first use their reasonable endeavours to settle a dispute amicably through
negotiations undertaken in good faith by the senior management of the Parties. Any dispute which
is not resolved amicably by the senior management of the Parties within twenty business days of
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the dispute arising, or such longer period as agreed in writing by the Parties, are to be subject to
arbitration in accordance with the terms of this Schedule.
(3) The Arbitration is deemed to have commenced when a party (“the Claimant”) serves a written
notice of arbitration on the other party (“the Respondent”).
Time periods
2.—(1) All time periods in these Arbitration Rules will be measured in business days and this
will exclude weekends, and bank holidays.
(2) Time periods are calculated from the day after the Arbitrator is appointed which is either—
(a) the date the Arbitrator notifies the parties in writing of his/her acceptance of an
appointment by agreement of the parties; or
(b) the date the Arbitrator is appointed by the Secretary of State.
Timetable
3.—(1) The timetable for the Arbitration is set out in sub–paragraphs (2) to (4) below unless
amended in accordance with paragraph 5(3).
(2) Within 15 days of the Arbitrator being appointed, the Claimant must provide both the
Respondent and the Arbitrator with—
(a) a written Statement of Claim which describes the nature of the difference between the
parties, the legal and factual issues, the Claimant’s contentions as to those issues, the
amount of its claim and/or the remedy it is seeking; and
(b) all statements of evidence and copies of all documents on which it relies, including
contractual documentation, correspondence (including electronic documents), legal
precedents and expert witness reports.
(3) Within 15 days of receipt of the Claimant’s statements under sub–paragraph (2) by the
Arbitrator and Respondent, the Respondent must provide the Claimant and the Arbitrator with—
(a) a written Statement of Defence responding to the Claimant’s Statement of Claim, its
statement in respect of the nature of the difference, the legal and factual issues in the
Claimant’s claim, its acceptance of any element(s) of the Claimant’s claim, its contentions
as to those elements of the Claimant’s claim it does not accept;
(b) all statements of evidence and copies of all documents on which it relies, including
contractual documentation, correspondence (including electronic documents), legal
precedents and expert witness reports;
(c) any objections it wishes to make to the Claimant’s statements, comments on the Claimant’s
expert report(s) (if submitted by the Claimant) and explanations for the objections.
(4) Within five days of the Respondent serving its statements under sub–paragraph (3), the
Claimant may make a Statement of Reply by providing both the Respondent and the Arbitrator
with—
(a) a written statement responding to the Respondent’s submissions, including its reply in
respect of the nature of the difference, the issues (both factual and legal) and its contentions
in relation to the issues;
(b) all statements of evidence and copies of documents in response to the Respondent’s
submissions;
(c) any expert report in response to the Respondent’s submissions;
(d) any objections to the statements of evidence, expert reports or other documents submitted
by the Respondent;
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(e) its written submissions in response to the legal and factual issues involved.
Procedure
4.—(1) The seat, or place, of the arbitration must be London, England, the governing law must
be the laws of England and Wales and the language of the arbitration proceedings must be English.
The proceedings must be conducted in accordance with the Arbitration Act 1996(95), save where
modified by these Rules.
(2) The Arbitrator must make an award on the substantive difference(s) based solely on the
written material submitted by the parties unless the Arbitrator decides that a hearing is necessary to
explain or resolve any matters.
(3) Either party may, within two days of delivery of the last submission, request a hearing giving
specific reasons why it considers a hearing is required.
(4) Within five days of receiving the last submission, the Arbitrator must notify the parties
whether a hearing is to be held and the length of that hearing.
(5) Within 10 days of the Arbitrator advising the parties that he is to hold a hearing, the date and
venue for the hearing must be fixed by agreement with the parties, save that if there is no agreement
the Arbitrator must direct a date and venue which he considers is fair and reasonable in all the
circumstances. The date for the hearing must not be less than 35 days from the date of the Arbitrator’s
direction confirming the date and venue of the hearing.
(6) A decision must be made by the Arbitrator on whether there is any need for expert evidence
to be submitted orally at the hearing. If oral expert evidence is required by the Arbitrator, then any
expert(s) attending the hearing may be asked questions by the Arbitrator.
(7) There is no process of examination and cross-examination of experts, but the Arbitrator must
invite the parties to ask questions of the experts by way of clarification of any answers given by
the expert(s) in response to the Arbitrator’s questions. Prior to the hearing the procedure for the
expert(s) is—
(a) at least 20 days before a hearing, the Arbitrator must provide a list of issues to be addressed
by the expert(s);
(b) if more than one expert is called, they are to jointly confer and produce a joint report or
reports within 10 days of the issues being provided; and
(c) the form and content of a joint report must be as directed by the Arbitrator and must be
provided at least five days before the hearing.
(8) Within 10 days of a Hearing or a decision by the Arbitrator that no hearing is to be held the
Parties may by way of exchange provide the Arbitrator with a final submission in connection with
the matters in dispute and any submissions on costs. The Arbitrator must take these submissions
into account in the award.
(9) The Arbitrator may make other directions or rulings as considered appropriate in order
to ensure that the parties comply with the timetable and procedures to achieve an award on the
substantive difference within four months of the date on which they are appointed, unless both parties
otherwise agree to an extension to the date for the award.
(10) If a party fails to comply with the timetable, procedure or any other direction then the
Arbitrator may continue in the absence of a party or submission or document, and may make a
decision on the information before them attaching the appropriate weight to any evidence submitted
beyond any timetable or in breach of any procedure and/or direction.
(95) 1996 c. 23.
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(11) The Arbitrator’s award must include reasons. The parties must accept that the extent to
which reasons are given is to be proportionate to the issues in dispute and the time available to the
Arbitrator to deliver the award.
Arbitrator’s powers
5.—(1) The Arbitrator has all the powers of the Arbitration Act 1996, including the non-
mandatory sections, save where modified by these Rules.
(2) There must be no discovery or disclosure, except that the Arbitrator has the power to order
the parties to produce such documents as are reasonably requested by another party no later than the
Statement of Reply, or by the Arbitrator, where the documents are manifestly relevant, specifically
identified and the burden of production is not excessive. Any application and orders are to be made
by way of a Redfern Schedule without any hearing.
(3) Any time limits fixed in accordance with this procedure or by the Arbitrator may be varied by
agreement between the parties, subject to any such variation being acceptable to and approved by the
Arbitrator. In the absence of agreement, the Arbitrator may vary the timescales and/or procedure—
(a) if the Arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary
to avoid a breach of the rules of natural justice and then;
(b) only for such a period that is necessary to achieve fairness between the parties.
(4) On the date the award is made, the Arbitrator must notify the parties that the award is
completed, signed and dated, and that it is to be issued to the parties on receipt of cleared funds for
the Arbitrator’s fees and expenses.
Costs
6.—(1) The costs of the Arbitration must include the fees and expenses of the Arbitrator, the
reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by
the parties for the Arbitration.
(2) Subject to sub-paragraph (3), the Arbitrator will award recoverable costs on the general
principle that each party should bear its own costs.
(3) The Arbitrator may depart from the general principle in sub-paragraph (2) and make such
other costs award as it considers reasonable where a party has behaved unreasonably as defined
within the National Planning Practice Guidance or such other guidance as may replace it.
Confidentiality
7.—(1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation must
be open to and accessible by the public.
(2) The Arbitrator may direct that the whole or part of a hearing is to be private and/or any
documentation to be confidential where it is necessary in order to protect commercially sensitive
information.
(3) Nothing in this paragraph prevents any disclosure of a document by a party pursuant to an
order of a court in England and Wales or where disclosure is required under any enactment.
Conservatory and Interim Measures
8.—(1) Unless the parties have otherwise agreed, after the arbitration has commenced, the
Arbitrator may, at the request of either party, order any conservatory or interim measure it deems
appropriate. Any conservatory or interim measure must be in the form of an order, giving reasons,
or of an award, as the Arbitrator considers appropriate.
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(2) Unless the parties have otherwise agreed, either party may apply to the courts of England and
Wales for conservatory or interim measures.
(3) Such application by a party is not deemed to be an infringement or a waiver of the arbitration
agreement, and does not affect the relevant powers reserved to the Arbitrator.
SCHEDULE 20 Article 39
Procedure for discharge of requirements
Applications made for certain approvals
1.—(1) Where an application has been made to a discharging authority for any consent, agreement
or approval required or contemplated by any of the requirements within Part 3 of Schedule 1
(requirements) to this Order—
(a) the undertaker must give the discharging authority sufficient information to identify the
requirement(s) to which the application relates; and
(b) the undertaker must provide such particulars, plans and drawings as are reasonably
considered necessary to deal with the application.
(2) The discharging authority must give notice to the undertaker of its decision on the application
before the end of the decision period.
(3) For the purposes of this paragraph, the decision period is—
(a) where no further information is requested under paragraph 2 (further information), 10
weeks from the day immediately following that on which the application is received by
the discharging authority;
(b) where further information is requested under paragraph 2 (further information) 10 weeks
from the day immediately following that on which the further information has been
supplied by the undertaker under paragraph 2; or
(c) such longer period as may be agreed by the undertaker and the discharging authority in
writing before the end of the period in sub-paragraph (a) or (b).
Further information
2.—(1) In relation to any application to which this Schedule applies, the discharging authority
has the right to request such further information from the undertaker as is reasonably necessary to
enable it to consider the application.
(2) If the discharging authority considers such further information to be necessary it must, as
soon as reasonably practicable and within 28 days of receipt of the application notify the undertaker
in writing specifying the further information required.
(3) If the discharging authority does not give such notification as specified in sub-paragraph (2)
it is to be deemed to have sufficient information to consider the application and is not subsequently
entitled to request further information without the prior agreement of the undertaker.
(4) A discharging authority may request further information under sub-paragraph (1) on more
than one occasion provided that all such requests are made within the period specified by sub-
paragraph (2).
Appeals
3.—(1) The undertaker may appeal to the Secretary of State in the event that—
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(a) the discharging authority refuses an application for any consent, agreement or approval
required or contemplated by a requirement contained within Part 3 of Schedule 1
(requirements) to this Order or grants it subject to conditions to which the undertaker
objects;
(b) the discharging authority does not give notice of its decision to the undertaker within the
decision period specified in paragraph 1 (applications made for certain approvals) of this
Schedule;
(c) on receipt of a request for further information under paragraph 2 (further information)
of this Schedule the undertaker considers that either the whole or part of the specified
information requested by the discharging authority is not necessary for consideration of
the application;
(d) on receipt of any further information requested, the discharging authority notifies the
undertaker that the information provided is inadequate and requests additional information
which the undertaker considers is not necessary for consideration of the application; or
(e) the discharging authority issues a notice further to sections 60 (control of noise on
construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act;
(2) The appeal process is as follows—
(a) the undertaker must submit the appeal documentation to the Secretary of State, which must
include a copy of the application submitted to the discharging authority and any supporting
documentation which the undertaker may wish to provide;
(b) the undertaker must on the same day provide copies of the appeal documentation to the
discharging authority and the relevant consultees (if applicable);
(c) as soon as is practicable after receiving the appeal documentation, but in any event
within 28 business days of receiving the appeal documentation, the Secretary of State
must appoint a person to determine the appeal (“the appointed person”) and must notify
the appeal parties of the identity of the appointed person and the address to which all
correspondence for that person’s attention must be sent;
(d) the discharging authority and the relevant consultees must submit written representations
to the appointed person in respect of the appeal within 20 business days of the date
on which the appeal parties are notified of the appointment of a person under sub-
paragraph (c) and must ensure that copies of their written representations are sent to each
other and to the undertaker on the day on which they are submitted to the appointed person;
(e) the appeal parties must make any counter-submissions to the appointed person within 20
business days of receipt of written representations pursuant to sub-paragraph (d) above.
(3) The appointed person must make a decision and notify it to the appeal parties, with reasons,
as soon as reasonably practicable and within 40 business days of—
(a) the deadline within sub-paragraph (2)(e); or
(b) the deadline for written submissions in respect of further information submitted in
accordance with sub-paragraph (5), whichever is later.
(4) If the appointed person considers that further information is necessary to enable consideration
of the appeal the appointed person must, as soon as practicable, and within 10 business days of
the deadline for submissions in accordance with sub-paragraph (2)(e), or where further information
has already been requested, within 10 business days of the deadline for written submissions in
accordance sub-paragraph (5), notify the appeal parties in writing specifying the further information
required, the appeal party from whom the information is sought, and the date by which the
information is to be submitted.
(5) Any further information required under sub-paragraph (4) is to be provided by the party
from whom the information is sought to the appointed person and to other appeal parties by the
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date specified by the appointed person. Any written representations concerning matters contained in
the further information must be submitted to the appointed person, and made available to all appeal
parties within 10 business days of that date.
(6) On an appeal under this paragraph, the appointed person may—
(a) allow or dismiss the appeal; or
(b) reverse or vary any part of the decision of the discharging authority (whether the appeal
relates to that part of it or not),
and may deal with the application as if it had been made to the appointed person in the first instance.
(7) The appointed person may proceed to a decision on an appeal taking into account such written
representations as have been sent within the relevant time limits and in the sole discretion of the
appointed person such written representations as have been sent outside of the relevant time limits.
(8) The appointed person may proceed to a decision even though no written representations
have been made within those time limits if it appears to the appointed person that there is sufficient
material to enable a decision to be made.
(9) The decision of the appointed person on an appeal is to be final and binding on the appeal
parties, and a court may entertain proceedings for questioning the decision only if the proceedings
are brought by a claim for judicial review.
(10) If an approval is given by the appointed person under this Schedule, it is deemed to be an
approval for the purpose of any consent, agreement or approval required under Part 3 of Schedule 1
(requirements) as if it had been given by the discharging authority. The discharging authority may
confirm any determination given by the appointed person in identical form in writing, but a failure
to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or
invalidate the effect of the appointed person’s determination.
(11) Except where a direction is given under sub-paragraph (12) requiring the costs of the
appointed person to be paid by the discharging authority, the reasonable costs of the appointed person
are to be met by the undertaker.
(12) On application by the discharging authority or the undertaker, the appointed person may
give directions as to the costs of the appeal parties and as to the parties by whom the costs of the
appeal are to be paid. In considering whether to make any such direction and the terms on which it
is to be made, the appointed person must have regard to Planning Practice Guidance on the award
of costs or any circular or guidance which may from time to time replace it.
Fees
4.—(1) Where an application is made to the discharging authority for written consent, agreement
or approval in respect of a requirement, the fee prescribed under regulation 16(1)(b) of the Town and
Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England)
Regulations 2012(96) (as may be amended or replaced from time to time) is to apply and must be
paid to the discharging authority for each application.
(2) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of—
(a) the application being rejected as invalidly made; or
(b) the discharging authority failing to determine the application within the decision period as
determined under paragraph 1, unless within that period the undertaker agrees, in writing,
that the fee is to be retained by the discharging authority and credited in respect of a future
application.
(96) S.I. 2012/2920. Regulation 16(1)(b) was amended by S.I. 2023/1197.
343Document Generated: 2026-03-20
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Interpretation of this Schedule
5. In this Schedule—
“the appeal parties” means the discharging authority, the undertaker and any relevant
consultees;
“business day” means a day other than Saturday or Sunday which is not Christmas Day, Good
Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971(97);
“discharging authority” means the body responsible for giving consent, agreement or approval
pursuant to a requirement within Part 3 of Schedule 1 (requirements) to this Order; and
“relevant consultee” means any body named in a requirement which is required to be consulted
by the discharging authority in discharging that requirement.
SCHEDULE 21 Article 40
Documents to be certified
PART 1
Documents forming the environmental statement to be certified
(1) (2) (3) Document Name (4) (5) Date
Document Examination Version
Reference Library
Reference
6.1 APP-055 to Environmental Statement 1 19 March 2024
APP-086
6.2 APP-087 to Figures 1 19 March 2024
APP-139
6.3 APP-140 to Appendices 1 19 March 2024
APP-234
6.1 REP5-007 Non-Technical Summary 2 13 March 2025
6.1.3 REP5-009 Chapter 3 Project Description 2 13 March 2025
6.1.4 REP5-013 Chapter 4 Site Selection and 2 13 March 2025
Consideration of Alternatives
6.1.5 REP5-015 Chapter 5 EIA Methodology 2 13 March 2025
6.1.7 REP4a-029 Chapter 7 Marine Physical Processes 2 26 February
2025
6.1.8 REP5-017 Chapter 8 Marine Water and Sediment 3 13 March 2025
Quality
6.1.9 REP6-018 Chapter 9 Benthic and Intertidal 3 4 April 2025
Ecology
(97) 1971 c. 80.
344Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
(1) (2) (3) Document Name (4) (5) Date
Document Examination Version
Reference Library
Reference
6.1.10 REP5-021 Chapter 10 Fish and Shellfish Ecology 2 13 March 2025
6.1.11 C1-019 Chapter 11 Marine Mammals 3 9 September
2025
6.1.12 C1-020 Chapter 12 Offshore and Intertidal 3 9 September
Ornithology 2025
6.1.13 REP5-025 Chapter 13 Marine and Intertidal 2 13 March 2025
Archaeology
6.1.14 REP5-027 Chapter 14 Commercial Fisheries 2 13 March 2025
6.1.15 REP5-029 Chapter 15 Shipping and Navigation 2 13 March 2025
6.1.16 REP5-031 Chapter 16 Aviation, Radar, Military 3 13 March 2025
and Communication
6.1.17 REP5-033 Chapter 17 Seascape, Landscape and 3 13 March 2025
Visual
6.1.18 REP5-035 Chapter 18 Marine Infrastructure and 2 13 March 2025
Other Users
6.1.19 REP4a-013 Chapter 19 Onshore Air Quality 3 26 February
2025
6.1.20 REP5-037 Chapter 20 Onshore Archaeology and 3 13 March 2025
Cultural Heritage
6.1.21 REP5-039 Chapter 21 Onshore Ecology 2 13 March 2025
6.1.22 REP5-043 Chapter 22 Onshore Ornithology 2 13 March 2025
[Confidential]
6.1.23 REP4a-015 Chapter 23 Geology and Ground 2 26 February
Conditions 2025
6.1.24 REP4a-017 Chapter 24 Onshore Hydrology 2 26 February
Hydrogeology and Flood Risk 2025
6.1.25 REP6-022 Chapter 25 Land Use 4 4 April 2025
6.1.26 REP4a-021 Chapter 26 Noise and Vibration 2 26 February
2025
6.1.27 REP4a-023 Chapter 27 Traffic and Transport 3 26 February
2025
6.1.28 REP4a-025 Chapter 28 Landscape and Visual 2 26 February
Assessment 2025
6.1.29 REP4a-127 Chapter 29 Socio-Economic 2 26 February
Characteristics 2025
6.1.30 AS1-054 Chapter 30 Human Health 2 31 July 2024
6.1.31 REP5-011 Chapter 31 Climate Change 2 13 March 2025
345Document Generated: 2026-03-20
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(1) (2) (3) Document Name (4) (5) Date
Document Examination Version
Reference Library
Reference
6.2.3 REP5-045 Chapter 3 Project Description Figures 2 13 March 2025
6.2.4 REP5-046 Chapter 4 Site Selection and 2 13 March 2025
Consideration of Alternatives Figures
6.2.5 REP5-047 Chapter 5 EIA Methodology Figures 2 13 March 2025
6.2.7 REP4a-041 Chapter 7 Marine Physical Processes 2 26 February
Figures (Part 1 of 2) 2025
6.2.7 REP4a-042 Chapter 7 Marine Physical Processes 2 26 February
Figures (Part 2 of 2) 2025
6.2.8 REP5-048 Chapter 8 Marine Water and Sediment 3 13 March 2025
Quality Figures
6.2.9 REP5-049 Chapter 9 Benthic and Intertidal 2 13 March 2025
Ecology Figures
6.2.10 REP5-050 Chapter 10 Fish and Shellfish Ecology 2 13 March 2025
Figures (Part 1 of 2)
6.2.10 REP5-051 Chapter 10 Fish and Shellfish Ecology 2 13 March 2025
Figures (Part 2 of 2)
6.2.11 REP5-052 Chapter 11 Marine Mammals Figures 2 13 March 2025
6.2.12 REP4a-030 Chapter 12 Offshore and Intertidal 2 26 February
Ornithology Figures 2025
6.2.13 REP5-053 Chapter 13 Marine and Intertidal 2 13 March 2025
Archaeology Figures
6.2.14 REP5-054 Chapter 14 Commercial Fisheries 2 13 March 2025
Figures
6.2.15 REP5-055 Chapter 15 Shipping and Navigation 2 13 March 2025
Figures
6.2.16 REP5-056 Chapter 16 Aviation, Radar, Military 2 13 March 2025
and Communication Figures
6.2.17 REP5-057 Chapter 17 Seascape, Landscape and 3 13 March 2025
Visual Figures (Part 1 of 3)
6.2.17 REP5-058 Chapter 17 Seascape, Landscape and 3 13 March 2025
Visual Figures (Part 2 of 3)
6.2.17 REP5-059 Chapter 17 Seascape, Landscape and 3 13 March 2025
Visual Figures (Part 3 of 3)
6.2.18 REP5-060 Chapter 18 Marine Infrastructure and 2 13 March 2025
Other Users Figures
6.2.19 REP4a-031 Chapter 19 Onshore Air Quality 2 26 February
Figures 2025
346Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
(1) (2) (3) Document Name (4) (5) Date
Document Examination Version
Reference Library
Reference
6.2.21 REP5-061 Chapter 21 Onshore Ecology Figures 3 13 March 2025
(Part 1 of 2)
6.2.21 REP5-062 Chapter 21 Onshore Ecology Figures 2 13 March 2025
(Part 2 of 2)
6.2.22 REP5-063 Chapter 22 Onshore Ornithology 2 13 March 2025
Figures
6.2.23 REP4a-032 Chapter 23 Geology and Ground 3 26 February
Conditions Figures 2025
6.2.24 REP4a-033 Chapter 24 Onshore Hydrology 2 26 February
Hydrogeology and Flood Risk Figures 2025
6.2.25 REP4a-034 Chapter 25 Land Use Figures 3 26 February
2025
6.2.26 REP4a-035 Chapter 26 Noise and Vibration 2 26 February
Figures 2025
6.2.27 REP4a-036 Chapter 27 Traffic and Transport 3 26 February
Figures 2025
6.2.28 REP4a-037 Chapter 28 Landscape and Visual 2 26 February
Assessment Figures (Part 1 of 15) 2025
6.2.28 REP4a-038 Chapter 28 Landscape and Visual 2 26 February
Assessment Figures (Part 2 of 15) 2025
6.2.28 REP4a-039 Chapter 28 Landscape and Visual 2 26 February
Assessment Figures (Part 3 of 15) 2025
6.3.3.2 REP6-024 Chapter 3 Appendix 2 Onshore 8 4 April 2025
Crossing Schedule
6.3.5.2 REP5-064 Chapter 5 Appendix 2 Offshore 2 13 March 2025
Cumulative Effects Assessment
Approach
6.3.5.3 REP5-066 Chapter 5 Appendix 3 Onshore 2 13 March 2025
Cumulative Effects Assessment
Approach
6.3.7.1 AS-003 Chapter 7 Appendix 1 Physical 2 29 May 2024
Processes Technical Baseline
6.3.9.2 REP4a-069 Chapter 9 Appendix 2 Benthic 4 26 February
Ecology Technical Report (ECC) 2025
6.3.9.6 REP4a-070 Chapter 9 Appendix 6 Envision 3 26 February
Offshore Export Cable Corridor 2025
Sabellaria Spinulosa Reanalysis and
Report
6.3.10.1 REP5-068 Chapter 10 Appendix 1 Fish and 2 13 March 2025
Shellfish Ecology Technical Baseline
347Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
(1) (2) (3) Document Name (4) (5) Date
Document Examination Version
Reference Library
Reference
6.3.11.2 REP5-070 Chapter 11 Appendix 2 Underwater 2 13 March 2025
Noise Assessment
6.3.11.3 REP6-026 Interim population consequences 1 4 April 2025
of disturbance modelling report
(cumulative)
6.3.12.1 REP4a-043 Chapter 12 Appendix 1 Intertidal 3 26 February
and Offshore Ornithology Technical 2025
Baseline
6.3.12.2 REP4a-044 Chapter 12 Appendix 2 Collision Risk 2 26 February
Modelling 2025
6.3.12.3 REP4a-045 Chapter 12 Appendix 3 Displacement 2 26 February
Assessment 2025
6.3.12.4 REP4a-046 Chapter 12 Appendix 4 Population 2 26 February
Viability Analysis 2025
6.3.12.5 REP4a-047 Chapter 12 Appendix 5 Migratory 3 26 February
Collision Risk Modelling 2025
6.3.12.6 REP4-018 Chapter 12 Appendix 6 MRSea 2 3 February 2025
Modelling for Offshore Ornithology
6.3.12.7 REP4a-048 Chapter 12 Appendix 7 Levels of 2 26 February
precaution in the assessment and 2025
compensation calculations for offshore
ornithology
6.3.12.8 REP4a-050 Chapter 12 Appendix.8 Consideration 2 26 February
of bioseasons in the assessment of 2025
guillemot
6.3.12.9 REP4a-052 Appendix 12.9 Rates of displacement 2 26 February
in guillemot and razorbill 2025
6.3.15.1 REP5-072 Chapter 15 Appendix 1 Navigational 2 13 March 2025
Risk Assessment
6.3.18.2 REP5-075 Chapter 18 Appendix 2 Helicopter 1 13 March 2025
Access Report – Hornsea One and Two
RCS
6.3.19.1 AS1-066 Chapter 19 Appendix 1 Construction 2 31 July 2024
Phase Dust Assessment Methodology
6.3.19.4 REP4a-054 Chapter 19 Appendix 4 Road Traffic 2 26 February
Dispersion Modelling 2025
REP5-076 Chapter 20 Appendix 1 Onshore 2 13 March 2025
6.3.20.1 Archaeology and Cultural Heritage
Desk-Based Assessment (Part 1 of 10)
348Document Generated: 2026-03-20
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(1) (2) (3) Document Name (4) (5) Date
Document Examination Version
Reference Library
Reference
REP5-079 Chapter 20 Appendix 1 Onshore 2 13 March 2025
Archaeology and Cultural Heritage
6.3.20.1
Desk-Based Assessment (Part 2a of
10)
REP5-080 Chapter 20 Appendix 1 Onshore 13 March 2025
Archaeology and Cultural Heritage
6.3.20.1
Desk-Based Assessment (Part 2b of
10)
REP5-081 Chapter 20 Appendix 1 Onshore 2 13 March 2025
6.3.20.1 Archaeology and Cultural Heritage
Desk-Based Assessment (Part 3 of 10)
REP5-082 Chapter 20 Appendix 1 Onshore 2 13 March 2025
6.3.20.1 Archaeology and Cultural Heritage
Desk-Based Assessment (Part 4 of 10)
REP5-084 Chapter 20 Appendix 1 Onshore 2 13 March 2025
6.3.20.1 Archaeology and Cultural Heritage
Desk-Based Assessment (Part 5 of 10)
REP5-085 Chapter 20 Appendix 1 Onshore 2 13 March 2025
6.3.20.1 Archaeology and Cultural Heritage
Desk-Based Assessment (Part 6 of 10)
REP5-086 Chapter 20 Appendix 1 Onshore 2 13 March 2025
6.3.20.1 Archaeology and Cultural Heritage
Desk-Based Assessment (Part 7 of 10)
REP5-087 Chapter 20 Appendix 1 Onshore 2 13 March 2025
6.3.20.1 Archaeology and Cultural Heritage
Desk-Based Assessment (Part 8 of 10)
REP5-088 Chapter 20 Appendix 1 Onshore 2 13 March 2025
6.3.20.1 Archaeology and Cultural Heritage
Desk-Based Assessment (Part 9 of 10)
REP5-078 Chapter 20 Appendix 1 Onshore 2 13 March 2025
Archaeology and Cultural Heritage
6.3.20.1
Desk-Based Assessment (Part 10 of
10)
REP5-098 Chapter 21 Appendix 5 Badger 2 13 March 2025
6.3.21.5 Desk Study and Field Survey
CONFIDENTIAL
REP5-089 Chapter 22 Appendix 2 Ornithology 2 13 March 2025
6.3.22.2
Desk Study Annex [Confidential]
REP5-091 Chapter 22 Appendix 3 Winter Bird 2 13 March 2025
6.3.22.3
Survey 2022-2023 Part 1 of 4
6.3.22.3 REP5-093 Chapter 22 Appendix 3 Winter Bird 2 13 March 2025
Survey 2022-2023 Part 2 of 4
349Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
(1) (2) (3) Document Name (4) (5) Date
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Reference Library
Reference
6.3.22.3 REP5-094 Chapter 22 Appendix 3 Winter Bird 2 13 March 2025
Survey 2022-2023 Part 3 of 4
6.3.22.3 REP5-095 Chapter 22 Appendix 3 Winter Bird 2 13 March 2025
Survey 2022-2023 Part 4 of 4
6.3.22.7`` REP5-096 Chapter 22 Appendix 7 Winter Bird 2 13 March 2025
Survey 2023-2024
6.3.22.8 REP5-097 Additional clarifications relating 2 13 March 2025
to Natural England’s Relevant
Representations (Appendix I Onshore
Ornithology)
6.3.23.1 REP4a-056 Chapter 23 Appendix 1 Preliminary 3 26 February
Land Quality Risk Assessment 2025
6.3.24.1 REP4a-058 Chapter 24 Appendix 1 Groundwater 2 26 February
Risk Assessment 2025
6.3.24.2 REP4-022; Chapter 24 Appendix 2 Flood Risk 4 3 February 2025
REP4-024 Assessment: Onshore ECC and 400kV
Cable Corridor
6.3.24.3 REP4-027 to Chapter 24 Appendix 3 Flood Risk 4 3 February 2025
REP4-028 Assessment: Onshore Substation
6.3.25.1 REP4a-060 Chapter 25 Appendix 1 BMV 1 26 February
Regional and National Context 2025
6.3.26.4 REP4a-061 Chapter 26 Appendix 4 Noise Model 2 26 February
Outputs 2025
6.3.27.1 REP4a-063 Chapter 27 Appendix 1 Transport 3 26 February
Assessment 2025
6.3.27.1 REP4a-066 Chapter 27 Appendix 1 Transport 3 26 February
Assessment Annex A Special Order 2025
AIL Swept Path Analysis
6.3.27.1 AS1-088 Chapter 27 Appendix 1 Transport 2 31 July 2024
Assessment Annex B DfT Traffic Data
6.3.27.1 AS1-089 Chapter 27 Appendix 1 Transport 2 31 July 2024
Assessment Annex C Automatic
Traffic Count Data
6.3.27.1 AS1-090 Chapter 27 Appendix 1 Transport 2 31 July 2024
Assessment Annex F Construction
Access General Arrangement
Drawings
6.3.27.1 AS1-091 Chapter 27 Appendix 1 Transport 2 31 July 2024
Assessment Annex G Core and Local
Construction Vehicle Access Routes
350Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
(1) (2) (3) Document Name (4) (5) Date
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Reference Library
Reference
6.3.27.1 REP4a-065 Chapter 27 Appendix 1 Transport 2 26 February
Assessment Annex I Public Rights of 2025
Way
6.3.27.1 AS1-092 Chapter 27 Appendix 1 Transport 2 31 July 2024
Assessment Annex J Trip Generation
Calculations
6.3.27.1 AS1-093 Chapter 27 Appendix 1 Transport 2 31 July 2024
Assessment Annex K Daylight Hours
Availability
6.3.27.1 AS1-094 Chapter 27 Appendix 1 Transport 2 31 July 2024
Assessment Annex N Passing Place
Proposals
6.3.31.1 REP5-100 Chapter 31 Appendix 1 Carbon 1 13 March 2025
payback sensitivity analysis: wake
effects
15.6 PD1-074 Erratum to Site Selection Report 1 19 September
2024
15.7 REP4-095 Noise Bund Hydraulic Modelling 3 3 February 2025
Report including Appendix C Figures
(Part 1 of 4)
15.7 REP4-096 Noise Bund Hydraulic Modelling 3 3 February 2025
Report Appendix C Figures (Part 2 of
4)
15.7 REP4-097 Noise Bund Hydraulic Modelling 3 3 February 2025
Report Appendix C Figures (Part 3 of
4)
15.7 REP4-098 Noise Bund Hydraulic Modelling 3 3 February 2025
Report Appendix C Figures (Part 4 of
4)
15.8 PD1-080 Onshore Archaeological Geophysical 1 19 September
Report 2024
15.9 PD1-081 Environmental Report for the Offshore 1 19 September
Restricted Build Area and Revision to 2024
the Offshore Export Cable Corridor
15.9A PD1-082 to Offshore Restricted Build Area and 1 19 September
PD1-083 Revision to the Offshore Export Cable 2024
Corridor Appendix A Figures
15.9B PD1-084 Offshore Restricted Build Area and 1 19 September
Revision to the Offshore Export 2024
Cable Corridor Appendix B Blockage
Modelling Results
351Document Generated: 2026-03-20
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(1) (2) (3) Document Name (4) (5) Date
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Reference
15.9C PD1-085 Offshore Restricted Build Area and 1 19 September
Revision to the Offshore Export Cable 2024
Corridor Appendix C Underwater
Noise Modelling Report
15.9D PD1-086 Offshore Restricted Build Area and 1 19 September
Revision to the Offshore Export Cable 2024
Corridor Appendix D Ornithology
Baseline Summary
15.9E PD1-087 Offshore Restricted Build Area and 1 19 September
Revision to the Offshore Export Cable 2024
Corridor Appendix E Collision Risk
Modelling
15.9F PD1-088 Offshore Restricted Build Area 1 19 September
and Revision to the Offshore 2024
Export Cable Corridor Appendix F
Offshore Ornithology Displacement
Assessment
15.9G PD1-089 Offshore Restricted Build Area and 1 19 September
Revision to the Offshore Export 2024
Cable Corridor Appendix G MRSea
Modelling for Offshore Ornithology
15.9H PD1-090 Offshore Restricted Build Area and 1 19 September
Revision to the Offshore Export 2024
Cable Corridor Appendix H Review
of Obstacle Free Zone Impact on
Shipping Displacement and Collision
Risk
15.15 PD1-097 Disposal Site Characterisation Report 1 19 September
2024
PART 2
Other Documents to be certified
(1) (2) (3) Document Name (4) (5) Date
Document Examination Version
Reference Library
Reference
2.1 REP4a-002 Works plans onshore 4 26 February
2025
2.2 REP4a-003 Works plans offshore 4 26 February
2025
352Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
(1) (2) (3) Document Name (4) (5) Date
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Reference
2.5 REP6-004 – Land plans 8 4 April 2025
REP6-005
2.8 PD1-011 Offshore order limits and grid 3 19 September
coordinates plan 2024
2.9 PD1-012 Access to works plan 3 19 September
2024
2.10 REP4a-004 Public rights of way plan 5 26 February
2025
2.11 PD1-014 Streets plan 3 19 September
2024
2.17 PD1-020 Important hedgerows and tree 3 19 September
preservation order plan 2024
2.20 PD1-023 Traffic regulation order plan 3 19 September
2024
4.1 C6-006 Book of reference 10 8 December
2025
7.6.1 REP5-105 Sandbank compensation plan 3 13 March 2025
7.6.2 REP6-038 Biogenic reef compensation plan 4 4 April 2025
7.7.1 C3-004 Kittiwake compensation plan 4 29 October 2025
7.7.2 C3-006 Guillemot compensation plan 5 29 October 2025
7.7.3 C3-008 Razorbill compensation plan 5 29 October 2025
8.1 REP6-056 Outline code of construction practice 8 4 April 2025
8.1.1 REP2-031 Outline noise and vibration 2 27 November
management plan 2024
8.1.2 REP6-058 Outline air quality management plan 3 4 April 2025
8.1.3 C3-014 Outline soil management plan 8 29 October 2025
8.1.4 APP-272 Outline pollution prevention and 1 19 March 2024
emergency incident response plan
8.1.5 APP-273 Outline surface water drainage 1 19 March 2024
strategy
8.1.6 APP-274 Outline site waste management plan 1 19 March 2024
8.1.7 REP4a-081 Outline Organic Land Protocol 2 26 February
2025
8.2 REP4a-092 Outline offshore operations and 2 26 February
maintenance plan 2025
8.3 C6-009 Offshore In principle monitoring plan 5 8 December
2025
353Document Generated: 2026-03-20
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item of legislation is currently only available in its original format.
(1) (2) (3) Document Name (4) (5) Date
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Reference
8.4 REP4a-094 Outline project environmental 2 26 February
management plan 2025
8.5 C6-011 Outline cable specification and 10 8 December
installation plan 2025
8.6.1 C1-075 Outline marine mammal mitigation 7 9 September
protocol (piling) 2025
8.7 C1-058 In principle Southern North Sea SAC 5 9 September
Site Integrity Plan 2025
8.8 PD1-050 Outline marine archaeological written 2 19 September
scheme of investigation 2024
8.9 REP4-088 Outline onshore written scheme of 4 3 February 2025
investigation for archaeological works
8.10 C1-067 Outline landscape and ecological 8 4 April 2025
management strategy
8.10 C1-060 Outline landscape and ecological 8 9 September
management strategy [Confidential] 2025
8.11 APP-285 Outline operational artificial light 1 19 March 2024
emissions management plan
8.12 APP-286 Outline operational drainage 1 19 March 2024
management plan
8.14 PD1-060 Outline fisheries liaison and 2 19 September
coexistence plan 2024
8.15 REP4a-088 Outline construction traffic 3 26 February
management plan 2025
8.16 APP-290 Outline travel plan 1 19 March 2024
8.17 REP4a-090 Outline public access management 4 26 February
plan 2025
8.18 REP5-125 Design approach document 3 13 March 2025
8.19 REP5-127 Design principles statement 3 13 March 2025
8.20 REP4a-102 Outline vessel management plan 4 26 February
2025
8.21 C3-032 Outline scour protection and cable 5 4 April 2025
protection management plan
8.22 C3-020 Outline biogenic reef mitigation plan 5 29 October 2025
8.23 REP4-081 Outline offshore reactive 1 3 February 2025
compensation platform lighting
management plan
354Document Generated: 2026-03-20
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(1) (2) (3) Document Name (4) (5) Date
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Reference
8.24 Rep6-078 Spawning Herring Piling Restriction 1 4 April 2025
Plan
21.14 REP4-119 Shell protective provisions plan 1 3 February 2025
21.15 C1-052 Perenco protective provisions plan 2 9 September
2025
21.16 C1-055 Offshore reactive compensation 3 9 September
platform design principles statement 2025
21.21 REP-105 NGET Protective provisions plan 2 4 April 2025
27.9 NGET protective provisions offshore 1 9 September
buffer zone plan 2025
14.3 AS-014 Biodiversity Net Gain Assessment 1 August 2024
Report
SCHEDULE 22 Article 45
Compensation provisions
PART 1
Flamborough and Filey Coast Special Protection
Area: Kittiwake Compensation Measures
1. In this Part—
“the artificial nesting measure” means up to two offshore nesting structure(s);
“Defra” means the Department for Environment, Food and Rural Affairs;
“the FFC” means the site designated as the Flamborough and Filey Coast Special Protection
Area;
“Kittiwake CIMP” means the kittiwake compensation implementation and monitoring plan for
the delivery of measures to compensate for the predicted loss of adult kittiwakes from the FFC
as a result of the authorised development;
“kittiwake compensation plan” means the document certified as the kittiwake compensation
plan for the purposes of this Order by the Secretary of State under article 40 (certification of
plans etc.);
“KCSG” means the Kittiwake Compensation Steering Group;
“Marine Recovery Fund” means the fund established by the Marine Recovery Funds
Regulations 2025 and operated pursuant to section 292 of the Energy Act 2023 for the
implementation of strategic compensation or any equivalent fund established by a Government
body for that purpose; and
“Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to
compensate for the loss of kittiwake from the FFC as a result of the authorised development,
355Document Generated: 2026-03-20
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the sum of which will be agreed with Defra or other organisation responsible for the operation
of the Marine Recovery Fund.
2.—(1) No offshore works are to commence until the undertaker has confirmed in writing to the
Secretary of State that—
(a) it will make a Marine Recovery Fund Payment wholly in substitution for the artificial
nesting measure and that it has received confirmation from Defra or the Marine Recovery
Fund operator that suitable measures are available; or
(b) it will submit a Kittiwake CIMP to the Secretary of State for approval.
(2) If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under
paragraph 2(1)(a) then no offshore works are to commence until the Secretary of State has provided
consent in writing to the Marine Recovery Fund Payment being made in substitution for the artificial
nesting measure.
Marine Recovery Fund
3.—(1) Where the undertaker elects to make a Marine Recovery Fund Payment under paragraph
2(1)(a), no operation of any wind turbine generator forming part of the authorised development may
begin until—
(a) the Marine Recovery Fund Payment has been quantified and the undertaker has entered
into a contract to make a Marine Recovery Payment to provide the compensation quantum,
as determined by the Secretary of State, for the loss of 15.5 adult kittiwake from the
kittiwake feature of the FFC;
(b) an implementation and monitoring plan has been submitted to and approved by the
Secretary of State; and
(c) the full payment or the first payment in a series of instalments in accordance with the
contract in sub-paragraph (a) has been made by the undertaker and the Secretary of State
has confirmed in writing that such payment fulfils the requirement for compensation
measures.
(2) Following receipt of the approvals under sub-paragraph (1) the undertaker shall not be
required to implement any further compensation measures for kittiwake pursuant to this Part of this
Schedule but this does not obviate the undertaker from its obligations to continue to comply with
any payment schedule or any other conditions that form part of the contract entered into by the
undertaker under paragraph 3(1)(a).
Kittiwake CIMP
4. Where the undertaker elects to submit a Kittiwake CIMP under paragraph 2(1)(b) no offshore
works are to commence until a plan for the work of the KCSG has been submitted to and approved
by the Secretary of State. Such plan must include—
(a) terms of reference of the KCSG;
(b) details of the membership of the KCSG which must include the relevant statutory
nature conservation body and, where appropriate, the MMO and/or the relevant planning
authority as core members;
(c) details of the proposed schedule of meetings, timetable for preparation of the Kittiwake
CIMP and reporting and review periods; and
(d) the dispute resolution mechanism.
5. Following consultation with the KCSG, the Kittiwake CIMP must be submitted to and
approved by the Secretary of State in consultation with the relevant statutory nature conservation
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body and, where appropriate, the MMO and/or the relevant planning authority for the area in which
the artificial nesting measure is to be provided.
6. The Kittiwake CIMP (if required) must be based on the strategy for kittiwake compensation
set out in the kittiwake compensation plan and include—
(a) where the artificial nesting measure is proposed to be taken forward—
(i)details of the locations where the compensation measure will be delivered including
details of any relevant seabed agreement(s);
(ii)details of the design of the artificial nesting structure (which must not exceed a
maximum of two when combined with the artificial nesting structure in Part 2),
including the projected number of nests that will be accommodated on the structure,
and how risks from avian or mammalian predation and unauthorised human access
will be mitigated;
(iii)an implementation timetable for the delivery of the artificial nesting structure that
ensures that the structure is in place to allow for at least three full kittiwake
breeding seasons prior to operation of any turbine forming part of the authorised
development. For the purposes of this paragraph each breeding season is assumed to
have commenced on 1 April in each year and ended on 30 September of that same
year;
(iv)details of the maintenance schedules of the artificial nesting structure;
(v)details of the proposed ongoing monitoring and reporting on the effectiveness of
the measures, including: survey methods; success criteria; adaptive management
measures; timescales for the monitoring and monitoring reports to be delivered; and
details of the mechanism to determine the need for any alternative compensation
measures and/or adaptive management measures;
(vi)monitoring must include annual monitoring of the number of birds colonising the
site including nesting attempts and nest productivity;
(vii)provision for annual reporting to the Secretary of State, to include details of the use
of the artificial nesting structure by breeding kittiwake to identify barriers to success
and target any adaptive management measures in consultation with the KCSG; and
(viii)recording of KCSG consultations.
(b) where the undertaker elects to pay a contribution to the Marine Recovery Fund wholly
or partly in substitution for the artificial nesting measure or as an adaptive management
measure—
(i)the compensation which is to be secured through the Marine Recovery Fund;
(ii)the sum of the contribution, to be agreed between the undertaker and Defra or other
body responsible for the operation of the Marine Recovery Fund in consultation with
the KCSG; and
(iii)the timescales for payment of the contribution to the Marine Recovery Fund.
(c) where the undertaker elects to pay a financial contribution towards the establishment of
compensation measures by another party wholly or partly in substitution for the artificial
nesting measure or as an adaptive management measure—
(i)the technical specification and implementation timetable for the delivery of the
compensation measure(s) to be agreed between the undertaker and the other party
in consultation with the KCSG; and
(ii)details of the proposed ongoing monitoring and reporting on the effectiveness of
the measures, including: survey methods; success criteria; adaptive management
measures; timescales for the monitoring and monitoring reports to be delivered; and
357Document Generated: 2026-03-20
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details of the mechanism to determine the need for any alternative compensation
measures and/or adaptive management measures.
(d) Where the undertaker elects to collaborate with another party in the delivery of
compensation measures wholly or partly in substitution for the artificial nesting measure
or as an adaptive management measure—
(i)the technical specification and implementation timetable for the delivery of the
compensation measure(s) to be agreed between the undertaker and the other party
in consultation with the KCSG; and
(ii)details of the proposed ongoing monitoring and reporting on the effectiveness of
the measures, including: survey methods; success criteria; adaptive management
measures; timescales for the monitoring and monitoring reports to be delivered; and
details of the mechanism to determine the need for any alternative compensation
measures and/or adaptive management measures.
7. The undertaker must implement the measures set out in the Kittiwake CIMP approved by
the Secretary of State, unless otherwise agreed in writing by the Secretary of state in consultation
with the relevant statutory nature conservation body, and, where appropriate, the MMO and/or the
relevant planning authority for the area in which the artificial nesting measure is to be provided.
8. No operation of any turbine forming part of the authorised development may begin until at least
three full breeding seasons following the implementation of the measures set out in the Kittiwake
CIMP have elapsed. For the purposes of this paragraph each breeding season is assumed to have
commenced in 1 April in each year and ended on 30 September.
9. The undertaker must notify the Secretary of State of—
(a) completion of implementation of the artificial nesting measure;
(b) payment of a financial contribution towards the establishment of compensation measures
by another party referred to in paragraph 6(c); and
(c) completion of implementation of collaborative measures referred to in paragraph 6(d).
10. The artificial nesting measure must not be decommissioned without written approval of the
Secretary in consultation with the relevant statutory nature conservation body. The artificial nesting
measure must, unless otherwise agreed in writing by the Secretary of State in consultation with
the relevant statutory nature conservation body, be maintained by the undertaker (or at its expense)
beyond the operational lifetime of the authorised development if they are colonised.
11. Results from the monitoring and reporting scheme referred to in paragraphs 6(a)(v) and
(vi), 6(c)(ii) and 6(d)(ii) must be made publicly available and submitted at least annually to the
Secretary of State and members of the KCSG. This must include details of the effectiveness
of the compensation measure(s) delivered. If the undertaker, or on receipt of a monitoring
report, the Secretary of State, determines that the compensation measure(s) delivered has been
ineffective the undertaker must provide proposals agreed by the KCSG for any alternative and/or
adaptive management measures to address this. Any proposals to address the ineffectiveness of the
compensation measure(s) must thereafter be implemented by the undertaker as approved in writing
by the Secretary of State in consultation with the relevant statutory nature conservation body.
12. The Kittiwake CIMP approved under this Schedule includes any amendments that may
subsequently be approved in writing by the Secretary of State. Any amendments to or variations
of the approved Kittiwake CIMP must be in accordance with the principles set out in the kittiwake
compensation plan and may only be approved where it has been demonstrated to the satisfaction
of the Secretary of State that it is unlikely to give rise to any materially new or materially different
environmental effects from those considered in the kittiwake compensation plan.
358Document Generated: 2026-03-20
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PART 2
Flamborough and Filey Coast Special Protection Area and Farne
Islands Special Protection Area: Guillemot Compensation Measures
13. In this Part—
“the artificial nesting measure” means up to two offshore nesting structure(s);
“Defra” means the Department for Environment, Food and Rural Affairs;
“the disturbance reduction and habitat improvement measure” means the measure to reduce
disturbance, improve habitat and/or introduce predator control measures at key nesting sites;
“the Farne Islands” means the site designated as the Farne Islands Special Protection Area;
“the FFC” means the site designated as the Flamborough and Filey Coast Special Protection
Area;
“GCSG” means the Guillemot Compensation Steering Group;
“Guillemot CIMP” means the guillemot compensation implementation and monitoring plan
for the delivery of measures to compensate for the predicted loss of adult guillemots from the
FFC and the Farne Islands as a result of the authorised development;
“guillemot compensation measures” means the artificial nesting measure, disturbance
reduction and habitat improvement measure and the predator eradication measure;
“guillemot compensation plan” means the document certified as the guillemot compensation
plan for the purposes of this Order by the Secretary of State under article 40 (certification of
plans etc.);
“Marine Recovery Fund” means the fund established by the Marine Recovery Funds
Regulations 2025 and operated pursuant to section 292 of the Energy Act 2023 for the
implementation of strategic compensation or any equivalent fund established by a Government
body for that purpose;
“Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to
compensate for the loss of guillemot from the FFC and the Farne Islands as a result of the
authorised development, the sum of which will be agreed with Defra or other organisation
responsible for the operation of the Marine Recovery Fund; and
“the predator eradication measure” means the program of predator eradication and provision
of predator proof fencing at the Plemont Reserve on Jersey.
14.—(1) No offshore works are to commence until the undertaker has confirmed in writing to
the Secretary of State that—
(a) it will make a Marine Recovery Fund Payment wholly in substitution for the artificial
nesting measure and that it has received confirmation from Defra or the Marine Recovery
Fund operator that suitable measures are available; or
(b) it will submit a Kittiwake CIMP to the Secretary of State for approval.
(2) If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under
paragraph 2(1)(a) then no offshore works are to commence until the Secretary of State has provided
consent in writing to the Marine Recovery Fund Payment being made in substitution for the artificial
nesting measure.
359Document Generated: 2026-03-20
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Marine Recovery Fund
15.—(1) Where the undertaker elects to make a Marine Recovery Fund Payment under paragraph
2(1)(a), no operation of any wind turbine generator forming part of the authorised development may
begin until—
(a) the Marine Recovery Fund Payment has been quantified and the undertaker has entered
into a contract to make a Marine Recovery Payment to provide the compensation quantum,
as determined by the Secretary of State, for the loss of 248.7 adult guillemot from the
guillemot feature of the FFC and 2.2 adult guillemot from the guillemot feature of the
Farne Islands;
(b) an implementation and monitoring plan has been submitted to and approved by the
Secretary of State; and
(c) the full payment or the first payment in a series of instalments in accordance with the
contract in sub-paragraph (a) has been made by the undertaker and the Secretary of State
has confirmed in writing that such payment fulfils the requirement for compensation
measures.
(2) Following receipt of the approvals under sub-paragraph (1) the undertaker shall not be
required to implement any further compensation measures for guillemot pursuant to this Part of this
Schedule but this does not obviate the undertaker from its obligations to continue to comply with
any payment schedule or any other conditions that form part of the contract entered into by the
undertaker under paragraph 3(1)(a).
Guillemot CIMP
16. Where the undertaker elects to submit a Guillemot CIMP under paragraph 2(1)(b) no offshore
works are to commence until a plan for the work of the GCSG has been submitted to and approved
by the Secretary of State. Such plan to include—
(a) terms of Reference of the GCSG;
(b) details of the membership of the GCSG which must include the relevant statutory
nature conservation body and, where appropriate, the MMO and/or the relevant planning
authority as core members;
(c) details of the proposed schedule of meetings, timetable for preparation of the Guillemot
CIMP and reporting and review periods; and
(d) the dispute resolution mechanism.
17. Following consultation with the GCSG, the Guillemot CIMP must be submitted to the
Secretary of State for approval in consultation with the relevant statutory nature conservation body
and, where appropriate, the MMO and/or the relevant planning authority for the area in which the
guillemot compensation measure is to be provided.
18. The Guillemot CIMP (if required) must be based on the strategy for guillemot compensation
set out in the guillemot compensation plan and, subject to paragraphs 7 and 8, must include all of
the following measures—
(a) for the predator eradication measure—
(i)details of the location(s) where the compensation measure will be delivered;
(ii)details of how any necessary land access rights, licences and approvals have or will
be obtained and how any biosecurity measures will be or have been secured;
(iii)details of the party that will carry out the measure and how this has been secured;
(iv)an implementation timetable for delivery of the predator eradication measure, such
timetable to ensure that the predator eradication measure has commenced no later
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than one year prior to the installation of any tower comprised within a wind turbine
generator forming part of the authorised development;
(v)recording of GCSG consultations;
(vi)details of the proposed ongoing monitoring and reporting on the effectiveness of
the measures, including: survey methods; success criteria; adaptive management
measures; timescales for the monitoring and monitoring reports to be delivered; and
details of the mechanism to determine the need for any alternative compensation
measures and/or adaptive management measures; and
(vii)provision for annual reporting to the Secretary of State, to include details of the use
of the location(s) by breeding guillemot to identify barriers to success and target any
adaptive management measures;
(b) for the disturbance reduction and habitat improvement measure—
(i)details of the location(s) where the compensation measure will be delivered;
(ii)details of how any necessary land access rights, licences and approvals have or will
be obtained;
(iii)an implementation timetable for delivery of the disturbance reduction and habitat
improvement measure, such timetable to ensure that the disturbance reduction and
habitat improvement measure has commenced no later than one year prior to the
installation of any tower comprised within a wind turbine generator forming part of
the authorised development;
(iv)recording of GCSG consultations;
(v)details of the proposed ongoing monitoring and reporting on the effectiveness of
the measures, including: survey methods; success criteria; adaptive management
measures; timescales for the monitoring and monitoring reports to be delivered; and
details of the mechanism to determine the need for any alternative compensation
measures and/or adaptive management measures; and
(vi)provision for annual reporting to the Secretary of State, to include details of the use
of the location(s) by breeding guillemot to identify barriers to success and target any
adaptive management measures;
(c) for the artificial nesting measure—
(i)details of the locations where the compensation measure will be delivered, including
details of any relevant seabed agreement(s);
(ii)details of the design of the artificial nesting structure (which must not exceed a
maximum of two when combined with the artificial nesting structure in Part 1),
including the projected number of nests that will be accommodated on the structure,
and how risks from avian or mammalian predation and unauthorised human access
will be mitigated;
(iii)an implementation timetable for the delivery of the artificial nesting structure;
(iv)details of the maintenance schedule for the artificial nesting structure;
(v)details of the proposed ongoing monitoring and reporting on the effectiveness of
the measures, including: survey methods; success criteria; adaptive management
measures; timescales for the monitoring and monitoring reports to be delivered; and
details of the mechanism to determine the need for any alternative compensation
measures and/or adaptive management measures;
(vi)monitoring must include annual monitoring of the number of birds colonising the
site including nesting attempts and nest productivity;
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(vii)provision for annual reporting to the Secretary of State, to include details of the use
of the artificial nesting structure by breeding guillemot to identify barriers to success
and target any adaptive management measures in consultation with the GCSG; and
(viii)recording of GCSG consultations;
(d) where the undertaker elects to pay a contribution to the Marine Recovery Fund wholly or
partly in substitution for one or more of the guillemot compensation measures or as an
adaptive management measure—
(i)the compensation which is to be secured through the Marine Recovery Fund;
(ii)the sum of the contribution, to be agreed between the undertaker and Defra or other
body responsible for the operation of the Marine Recovery Fund in consultation with
the GCSG; and
(iii)the timescales for payment of the contribution to the Marine Recovery Fund.
(e) where the undertaker elects to pay a financial contribution towards the establishment of
compensation measures by another party wholly or partly in substitution for one or more
of the guillemot compensation measures or as an adaptive management measure—
(i)the technical specification and implementation timetable for the delivery of the
compensation measure(s) to be agreed between the undertaker and the other party
in consultation with the GCSG; and
(ii)details of the proposed ongoing monitoring and reporting on the effectiveness of
the measures, including: survey methods; success criteria; adaptive management
measures; timescales for the monitoring and monitoring reports to be delivered; and
details of the mechanism to determine the need for any alternative compensation
measures and/or adaptive management measures.
(f) where the undertaker elects to collaborate with another party in the delivery of
compensation measures wholly or partly in substitution for one or more of the guillemot
compensation measures or as an adaptive management measure—
(i)the technical specification and implementation timetable for the delivery of the
compensation measure(s) to be agreed between the undertaker and the other party
in consultation with the GCSG; and
(ii)details of the proposed ongoing monitoring and reporting on the effectiveness of
the measures, including: survey methods; success criteria; adaptive management
measures; timescales for the monitoring and monitoring reports to be delivered; and
details of the mechanism to determine the need for any alternative compensation
measures and/or adaptive management measures.
19. The undertaker must implement the measures set out in the Guillemot CIMP approved by the
Secretary of State, unless agreed in writing by the Secretary of State in consultation with the relevant
statutory nature conservation body and where appropriate the MMO and/or the relevant planning
authority for the area in which the guillemot compensation measure is to be provided.
20. In the event that one or more of the guillemot compensation measures is not available or
deliverable, the undertaker may apply to the Secretary of State to proceed without one or more of the
guillemot compensation measures (but not without any of the guillemot compensation measures). If
the Secretary of State agrees in writing, then the meaning of guillemot compensation measures in
paragraph 1 of this Part and the obligations to include all guillemot compensation measures in the
Guillemot CIMP in paragraph 6 of this Part should be construed according to this agreement.
21. No operation of any turbine forming part of the authorised development may begin until
at least three full breeding seasons following the implementation of the measures set out in the
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Guillemot CIMP have elapsed. For the purposes of this paragraph each breeding season is assumed
to have commenced in 1 April in each year and ended on 30 September.
22. The undertaker must notify the Secretary of State of—
(a) the completion of the predator eradication measure referred to in paragraph 4(a);
(b) the completion of the disturbance reduction and habitat improvement measure referred to
in paragraph 4(b);
(c) the completion of implementation of the artificial nesting measure referred to in paragraph
4(c);
(d) payment into the Marine Recovery Fund referred to in paragraph 4(d);
(e) payment of a financial contribution towards the establishment of compensation measures
by another party referred to in paragraph 4(e); and
(f) completion of implementation of collaborative measures referred to in paragraph 4(f),
to the extent that such measures are set out within the Guillemot CIMP approved by the Secretary
of State.
23. The artificial nesting measure must not be decommissioned without written approval of the
Secretary of State in consultation with relevant statutory nature conservation body. The artificial
nesting measure must, unless otherwise agreed in writing by the Secretary of State in consultation
with the relevant statutory nature conservation body, be maintained beyond the operational lifetime
of the authorised development if they are colonised.
24. Results from the monitoring and reporting scheme referred to in paragraphs 6(a)(vi), 6(b)
(v), 6(c)(v) and (vi), 6(e)(ii) and 6(f)(ii) must be made publicly available and submitted at least
annually to the Secretary of State and members of the GCSG. This must include details of the
effectiveness of the compensation measure(s) delivered. If the undertaker, or on receipt of a
monitoring report, the Secretary of State, determines that the compensation measure(s) delivered
has been ineffective the undertaker must provide proposals agreed by the GCSG for any alternative
and/or adaptive management measures to address this. Any proposals to address the ineffectiveness
of the compensation measure(s) must thereafter be implemented by the undertaker as approved in
writing by the Secretary of State in consultation with the relevant statutory nature conservation body.
25. The Guillemot CIMP approved under this Schedule includes any amendments that may
subsequently be approved in writing by the Secretary of State. Any amendments to or variations of
the approved Guillemot CIMP must be in accordance with the principles set out in the guillemot
compensation plan and may only be approved where it has been demonstrated to the satisfaction
of the Secretary of State that it is unlikely to give rise to any materially new or materially different
environmental effects from those considered in the guillemot compensation plan.
PART 3
Inner Dowsing, Race Bank and North Ridge Special Area
of Conservation: Sandbank Compensation Measures
26. In this Part—
“Marine Recovery Fund” means the fund established by the Marine Recovery Funds
Regulations 2025 and operated pursuant to section 292 of the Energy Act 2023 for the
implementation of strategic compensation or any equivalent fund established by a Government
body for that purpose;
“Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to
compensate for impacts on protected features of the IDRBNR SAC as a result of the authorised
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development, the sum of which will be agreed with Defra or other organisation responsible for
the operation of the Marine Recovery Fund; and
“the IDRBNR SAC” means the site designated as the Inner Dowsing, Race Bank and North
Ridge Special Area of Conservation.
27. No offshore works within the IDRBNR SAC are to commence until—
(a) the undertaker has received confirmation from Defra or the operator of the Marine
Recovery Fund that suitable measures are available to provide the compensation quantum,
as determined by the Secretary of State, of 5,760m2 for the impact to the sandbanks which
are slightly covered by seawater all the time, feature of the IDRBNR SAC;
(b) the Marine Recovery Fund Payment has been quantified and the undertaker has entered
into a contract to make a Marine Recovery Fund Payment;
(c) an implementation and monitoring plan has been submitted to and approved by the
Secretary of State; and
(d) the full payment or the first payment in a series of instalments in accordance with the
contract under sub-paragraph (b) has been made by the undertaker and the Secretary of
State has confirmed in writing that such payment fulfils the requirement for compensation
measures under this Part of this Schedule.
28. Following receipt of the approvals under paragraph 2 the undertaker shall not be required
to implement any further compensation measures for the impacts to the IDRBNR SAC pursuant to
this Part of this Schedule but this does not obviate the undertaker from its obligation to continue
to comply with any payment schedule or any other conditions that form part of the contract by the
undertaker under paragraph 2(a).
PART 4
Inner Dowsing, Race Bank and North Ridge Special
Area of Conservation: Reef Compensation Measures
29. In this Part—
“Marine Recovery Fund” means the fund established by the Marine Recovery Funds
Regulations 2025 and operated pursuant to section 292 of the Energy Act 2023 for the
implementation of strategic compensation or any equivalent fund established by a Government
body for that purpose;
“Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to
compensate for impacts on protected features of the IDRBNR SAC as a result of the authorised
development, the sum of which will be agreed with Defra or other organisation responsible for
the operation of the Marine Recovery Fund; and
“the IDRBNR SAC” means the site designated as the Inner Dowsing, Race Bank and North
Ridge Special Area of Conservation.
30. No offshore works within the IDRBNR SAC are to commence until—
(a) the undertaker has received confirmation from Defra or the operator of the Marine
Recovery Fund that suitable measures are available to provide the compensation quantum,
as determined by the Secretary of State, of 95,407.2m2 for the impact to the reefs feature
of the IDRBNR SAC;
(b) the Marine Recovery Fund Payment has been quantified and the undertaker has entered
into a contract to make a Marine Recovery Fund Payment;
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(c) an implementation and monitoring plan has been submitted to and approved by the
Secretary of State; and
(d) the full payment or the first payment in a series of instalments in accordance with the
contract under sub-paragraph (b) has been made by the undertaker and the Secretary of
State has confirmed in writing that such payment fulfils the requirement for compensation
measures under this Part of this Schedule.
31. Following receipt of the approvals under paragraph 2 the undertaker shall not be required
to implement any further compensation measures for the impacts to the IDRBNR SAC pursuant to
this Part of this Schedule but this does not obviate the undertaker from its obligation to continue
to comply with any payment schedule or any other conditions that form part of the contract by the
undertaker under paragraph 2(a).
EXPLANATORY NOTE
(This note is not part of the Order)
This Order grants development consent for, and authorises the construction, operation and
maintenance of an offshore wind farm generating station located in the North Sea approximately
54km from the Lincolnshire coastline together with associated development. This Order imposes
requirements in connection with the development and authorises the compulsory acquisition of land
(including rights in land) and the right to use land and to override easements and other rights.
This Order also grants deemed marine licences under Part 4 of the Marine and Coastal Access
Act 2009 in connection with the offshore wind farm. The marine licences impose conditions in
connection with the deposits and works for which they grant consent.
A copy of the plans and book of reference referred to in this Order and certified in accordance with
article 40 (certification of plans etc.) of this Order may be inspected free of charge at 2nd Floor
Boundary House, 91-93 Charterhouse Street, London, EC1M 6HR.
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