Legalize / United Kingdom / Statutory-Instrument

The Rampion Offshore Wind Farm Order 2014

Type Statutory-Instrument

Publication 2014-07-16

Last updated 2025-04-28

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) Subject to requirement 11 (provision of landscaping), requirement 28 (ecological and landscape management plan), requirement 29 (ecological and landscape management plan for the South Downs National Park), requirement 37 (European protected species onshore) and requirement 38 (European protected species within the South Downs National Park), the undertaker may fell or lop any tree or shrub within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation 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 shall do no unnecessary damage to any tree or shrub and shall 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, shall be determined under Part 1 of the 1961 Act.

(4) The undertaker may, for the purposes of the authorised project—

(a) subject to requirement 11 (provision of landscaping) and paragraph (2) above, remove any hedgerows within the Order limits 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 10 (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

38

(1) Subject to requirement 28 (ecological and landscape management plan), requirement 29 (ecological and landscape management plan for the South Downs National Park), requirement 37 (European protected species onshore) and requirement 38 (European protected species within the South Downs National Park), the undertaker may fell or lop any tree described in Schedule 11 (trees subject to tree preservation orders) and identified on the tree preservation order plan, or cut back its roots if it reasonably believes it to be necessary in order to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.

(2) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker shall do no unnecessary damage to any tree or shrub and shall 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) shall not apply.

(3) The authority given by paragraph (1) shall constitute a deemed consent under the relevant tree preservation order.

(4) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, shall be determined under Part 1 of the 1961 Act.

Procedure in relation to further approvals, etc

39

(1) In this article—

“competent authority” means the competent authority as defined regulation 7 of the Conservation of Habitats and Species Regulations 2017/1012;

“plans” includes sections, drawings, specifications and particulars (including descriptions of methods of construction).

(2) Where an application is made to the relevant planning authority, a highway authority, a street authority, a traffic authority or the owner of a sewer or drain for any consent, agreement or approval required under any of the provisions of this Order such application shall, where appropriate, conform to the objective standard as set out in the measures of success for discharge of requirements and shall be accompanied by proper and sufficient plans of the proposal and such consent, agreement or approval shall, if given, be in writing and may be given subject to such reasonable terms and conditions as the authority or owner may require and shall not be unreasonably withheld.

(3) Subject to paragraph (5), if, within 56 days after the application has been submitted to the authority or owner (or such extended period as shall be agreed with the undertaker in the event that the authority shall request further information) in accordance with this article, it has not intimated its disapproval and the grounds of disapproval, the authority or owner shall be deemed to have approved the content of the application.

(4) Subject to paragraph (5), in the event of any refusal or disapproval by the authority or owner, the undertaker may resubmit a revised application, or revised plans in support of the original application, and, in that event, if the authority or owner has not intimated its refusal or disapproval and the grounds of refusal or disapproval within 56 days of the revised application or of revised plans being submitted, it shall be deemed to have given its consent or agreement to, or its approval of, the revised application or plans.

(5) Paragraphs (3) and (4) do not apply in the case of any application that is considered by the competent authority as requiring an appropriate assessment under the Conservation of Habitats and Species Regulations 2017.

(6) The undertaker shall not carry out the proposal until any such application or plans have been approved (or deemed to have been approved) or settled by arbitration.

(7) The relevant planning authority shall be entitled to make a reasonable charge for any application for consent, agreement or approval pursuant to paragraph (2).

Certification of plans etc

40

(1) The undertaker shall, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

(a) the works plan comprising of—

document reference 2.5 dated 14 February 2013;

document reference 2.5.1/v3 dated 19 December 2013;

document reference 2.5.2 sheets 1-11 dated 11 December 2012; and

document reference 2.5.2 sheet 12 dated 14 February 2013;

(b) the land plan comprising of—

document reference 2.2 dated 14 February 2013;

document reference 2.2.1 dated 12 December 2012; and

document reference 2.2.2 sheets 1-12 dated 19 February 2013;

document reference 2.9 dated 14 February 2013;

document reference 2.9 sheets 1-5 and 7-11 dated 10 December 2012;

document reference 2.9 sheet 6 dated 3 June 2013; and

document reference 2.9 sheet 12 dated 14 February 2013;

(d) the footpath stopping up and diversion plan (document reference 2.8 dated 14 February 2013);

(e) the open access land plan comprising of—

document reference 2.16 dated 14 February 2013; and

document reference 2.16 sheets 1-3 dated 11 December 2012;

(f) the important hedgerows plan comprising of—

document reference 2.12 dated 14 February 2013;

document reference 2.12/v2 sheets 1-7 and 10-12 dated 9 August 2013; and

document reference 2.12/v2 sheets 8-9 dated 6 December 2013;

(g) the tree preservation order plan (document reference 2.17 dated 10 December 2012);

(h) the access to works plan comprising of—

document reference 2.7 dated 14 February 2013;

document reference 2.7 sheets 1-11 dated 11 December 2012; and

document reference 2.7 sheet 12 dated 14 February 2013;

(i) the piling restriction plan (Rev 02 dated 19 December 2013);

(j) the book of reference (January 2014 – Version 4);

(k) the environmental statement (comprising of all document references in the series 6.1-6.4);

(l) the outline onshore written scheme of archaeological investigation (December 2013 – Version 2);

(m) the outline offshore written scheme of archaeological investigation (November 2013 – Version 1);

(n) the outline construction traffic management plan (January 2014 – Version 2);

(o) the outline ecological and landscape management plan (November 2013 – Version 2);

(p) the onshore substation design and access statement (November 2013 – Version 2);

(q) the public rights of way strategy (document reference 8.3 dated March 2013);

(r) the outline construction environmental management plan (October 2013 – Version 1);

(s) the outline construction noise management plan (October 2013 – Version 1);

(t) the outline diver mitigation plan (October 2013 – Version 1);

(u) the outline arboricultural method statement (November 2013 – Version 2);

(v) the outline hedgerows management plan (November 2013 – Version 2);

(w) the outline scour protection management and cable armouring plan (3 December 2013 – Version 2);

(x) the outline Tottington Mount management plan (October 2013 – Version 1);

(y) the outline cable specification and installation plan (26 November 2013 – Version 2);

(z) the outline fisheries liaison strategy (January 2014 – Version 1); and

(aa) measures of success for discharge of requirements (January 2014 – Version 1),

for certification that they are true copies of the documents referred to in this Order.

(2) A plan or document so certified shall be 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 shall be construed for the purposes of this Order as referring to the provision (if any) corresponding to that provision in the Order as made.

(4) In this article, document reference numbers refer to the references given by the undertaker to the documents it submitted to the Secretary of State.

Protective provisions

41

Schedule 12 (protective provisions) shall have effect.

Arbitration

42

Any difference or dispute under any provision of this Order, unless otherwise provided for, shall 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) by the Secretary of State.

SCHEDULE 1 — Authorised project

PART 1 — Authorised development

1

A nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act on the bed of the English Channel approximately 13 km from the Sussex coast, comprising—

Work No. 1 –An offshore wind turbine generating station with a gross electrical output capacity of up to 700 MW comprising up to 175 wind turbine generators each fixed to the seabed by one of six foundation types (namely, monopile foundation, tripod foundation, jacket foundation, IBGS foundation, gravity base foundation or suction caisson foundation), fitted with rotating blades and situated within the area hatched red on the works plan and further comprising (b) below;a network of cables laid underground within the area hatched red on the works plan between the WTGs and Work No. 2, for the transmission of electricity and electronic communications between these different structures and including one or more cable crossings;and associated development within the meaning of section 115(2) of the 2008 Act comprising—

Work No. 2 – Up to two offshore substations fixed to the seabed by one of three foundation types (namely monopile foundation, gravity base foundation or jacket foundation) and situated within the area hatched red on the works plan;

Work No. 3A – A connection or connections between the offshore substations comprising Work No. 2 and between Work No. 2 and Work No. 3B consisting of up to four cables laid underground along routes within the Order limits seaward of MHWS including one or more cable crossings;

In the county of West Sussex, Worthing Borough

Work No. 3B –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground from mean low water springs east of Worthing under the A259 Brighton Road to Work No. 7;

Work No. 4 –A new temporary vehicular access track running in a southwest – northeast direction on the southern side of the A259 Brighton Road from Work No. 3B to join the A259 Brighton Road at the southern side of the junction between the A259 Brighton Road and Western Road, Worthing together with modifications to the junction of the new vehicular temporary access track and the adopted highway at the A259 Brighton Road;

Work No. 5 –vehicular access from the A259 Brighton Road to Work No. 6;

Work No. 6 –A new temporary construction compound and a temporary access track to Work No. 7;

Work No. 7 –Onshore connection works consisting of up to four circuits and associated telecommunication cables with up to four transition pits located within the Brooklands Pleasure Park, with associated cables, connecting Work No. 3B to Work No. 8 together with new temporary horizontal directional drilling compounds;

Work No. 8 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-westerly direction through the Brooklands Pleasure Park from Work No. 7 to Work No. 9;

Work No. 9 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-westerly direction from Work No. 8 to Work No. 11 together with new temporary horizontal directional drilling compounds;

Work No. 10 –A new temporary vehicular access track running in an east-west direction from Work No. 9 to join St. Pauls Avenue together with modifications to the junction of the new temporary vehicular access track and the highway at St. Pauls Avenue;

In the county of West Sussex, District of Adur

Work No. 11 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-westerly direction from Work No. 9 to Work No. 12 and passing under the Brighton to Worthing South Coast railway line together with new temporary horizontal directional drilling compounds;

Work No. 12 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-westerly direction from Work No. 11 to Work No. 13;

In the county of West Sussex, Worthing Borough

Work No. 13 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-westerly direction from Work No. 12 to Work No. 14 and crossing under Upper Brighton Road together with new temporary horizontal directional drilling compounds;

Work No. 14 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally northerly direction from Work No. 13 to Work No. 15 and crossing under the A27 trunk road together with new temporary horizontal directional drilling compounds;

Work No. 15 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-westerly direction together with a new temporary horizontal directional drilling exit compound and then in a generally north-easterly direction from Work No. 14 to Work No. 16 and crossing under Lambleys Lane;

In the county of West Sussex, District of Adur

Work No. 16 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-easterly direction from Work No. 15 to Work No. 17 and crossing under Titch Hill;

Work No. 17 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally easterly direction from Work No. 16 to Work No. 18 and crossing under Coombes Road;

Work No. 18 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-easterly direction from Work No. 17 to Work No. 19 and passing under the River Adur, the Downs Link and the A283 Steyning Road together with new temporary horizontal directional drilling compounds;

Work No. 19 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-easterly direction from Work No. 18 to Work No. 20 together with a new temporary horizontal directional drilling exit compound;

In the county of West Sussex, District of Horsham

Work No. 20 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-easterly direction from Work No. 19 to Work No. 21 and crossing under Mill Hill, an unnamed road at Beeding Hill and the South Downs Way;

Work No. 21 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally westerly then easterly direction from Work No. 20 to Work No. 22 and crossing under a Bronze Age cross-dyke at Tottington Mount and Edburton Road together with a new temporary construction compound south of Tottington Manor;

Work No. 22 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally northerly direction from Work No. 21 to Work No. 23 and crossing under an unnamed road, Horn Lane and the A281 Brighton Road;

Work No. 23 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally north-easterly direction from Work No. 22 to Work No. 24 and crossing under the B2116 Henfield Road;

In the county of West Sussex, District of Mid Sussex

Work No. 24 –Onshore connection works consisting of up to four circuits and associated telecommunication cables laid underground in a generally northerly direction from Work No. 23 to Work No. 25 crossing under Bob Lane;

Work No. 25 –A new onshore substation to the north-east of the existing National Grid Bolney substation;

Work No. 26 –Temporary widening of an existing vehicular access track from Bob Lane to Work No. 25 together with upgrades to the existing access track and modifications to the junction of the existing access track and the highway at Bob Lane;

Work No. 27 –Landscaping works including planting;

Work No. 28 –A new permanent public footpath;

Work No. 29 –A new temporary construction compound together with new construction access from Work No. 32 to Work No. 25 and permanent access to Work No. 30 and landscaping works including planting;

Work No. 30 –Landscaping works including planting;

Work No. 31 –A grid connection consisting of up to four circuits and associated telecommunication cables laid underground from the new onshore substation within Work No. 25 and continuing towards a connection point at the existing National Grid Bolney substation;

Work No. 32 –A new construction access running in a southeast – northwest direction from Work No. 29 to join Wineham Lane together with modifications to the junction of the new construction access and the highway at Wineham Lane;and in connection with such Work Nos. 1 to 3A 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 project and which fall within the scope of the work assessed by the environmental statement and the deemed marine licences;and in connection with such Work Nos. 3B to 32 and to the extent that they do not otherwise form part of any such work, further associated development shown on the plans referred to in the requirements, or approved pursuant to the requirements, including—ramps, means of access and footpaths;bunds, embankments, swales, landscaping and boundary treatments;habitat creation;jointing bays, manholes, marker posts and other works associated with cable laying;water supply works, foul drainage provision, surface water management systems and culverting;construction lay down areas and compounds and their restoration;such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project;and which fall within the scope of the works assessed by the environmental statement.

2

The grid coordinates for that part of the authorised development which is seaward of MHWS are specified below—

Point	Latitude (DMS)	Longitude (DMS)
1	50° 41′ 11.35 N	000° 21′ 55.86 W
2	50° 42′ 24.83 N	000° 13′ 45.70 W
3	50° 40′ 39.19 N	000° 04′ 26.23 W
4	50° 39′ 31.72 N	000° 01′ 28.06 W
5	50° 38′ 34.92 N	000° 09′ 02.89 W
6	50° 37′ 08.17 N	000° 15′ 42.14 W
7	50° 38′ 13.35 N	000° 16′ 17.09 W
8	50° 37′ 03.36 N	000° 20′ 36.10 W
9	50° 41′ 23.11 N	000° 20′ 37.74 W
10	50° 45′ 18.57 N	000° 19′ 44.38 W
11	50° 48′ 30.64 N	000° 20′ 55.63 W
12	50° 48′ 46.78 N	000° 20′ 10.23 W
13	50° 48′ 57.17 N	000° 20′ 16.32 W
14	50° 49′ 03.58 N	000° 19′ 54.02 W
15	50° 48′ 55.62 N	000° 19′ 44.17 W
16	50° 49′ 05.77 N	000° 18′ 57.10 W
17	50° 45′ 11.46 N	000° 14′ 39.33 W
18	50° 41′ 42.91 N	000° 10′ 03.13 W

PART 2 — Ancillary works

Works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

(a) temporary landing places or other means of accommodating vessels in the construction and/or maintenance of the authorised development;

(b) buoys, beacons, fenders and other navigational warning or ship impact protection works; and

PART 3 — Requirements

Time limits

1

The authorised development shall commence no later than the expiration of five years beginning with the date this Order comes into force.

Detailed offshore design parameters

2

(1) Subject to paragraph (2), no wind turbine generator forming part of the authorised development shall—

(a) exceed a height of 210 metres when measured from LAT to the tip of the vertical blade;

(b) exceed a height of 124 metres when measured from LAT to the height of the centreline of the generator shaft forming part of the hub;

(d) be less than 600 metres from the nearest WTG in either direction perpendicular to the approximate prevailing wind direction (crosswind) or be less than 600 metres from the nearest WTG in either direction which is in line with the approximate prevailing wind direction (downwind);

(e) have a distance of less than 22 metres between the lowest point of the rotating blade of the wind turbine and MHWS.

(2) References to the location of a wind turbine generator are references to the centre point of the tower of that WTG.

(3) The layout of all wind turbine generators and offshore substations within the Order limits shall comprise an overall contiguous arrangement of offshore structures; within such overall contiguous arrangement there shall be no more than three contiguous groupings each comprising wind turbine generators of a similar size and each such grouping shall be laid out in a regular pattern such that along each row axis within the grouping there is an approximately equal distance between wind turbine generators.

(4) For the purposes of this requirement, “similar size” means a wind turbine with a difference in rotor diameter of less than 15%.

(5) No wind turbine generator or offshore substation forming part of the authorised development shall be erected within the area hatched black on the works plan (the “exclusion zone for wind turbine generators and offshore substations”), whose coordinates are specified below—

Point	Latitude (DMS)	Longitude (DMS)
3	50° 40′ 39.19 N	000° 04′ 26.23 W
4	50° 39′ 31.72 N	000° 01′ 28.06 W
5	50° 38′ 34.92 N	000° 09′ 02.89 W
19	50°40′55.07 N	000° 05′50.01W

3

(1) The total number of offshore substations forming part of the authorised development shall not exceed two.

(2) The dimensions of any offshore substation forming part of the authorised development (excluding masts) shall not exceed 45 metres in height when measured from LAT, 45 metres in length and 45 metres in width.

(3) Each offshore substation shall have no more than one supporting foundation.

4

(1) The total length of the cables comprising Work No. 3A shall not exceed 92 kilometres.

(2) The total length of the cables comprising Work No. 1(b) shall not exceed 230 kilometres.

(3) The total amount of cable protection for the cables comprising Work No. 3A shall not exceed 0.092km³.

(4) The total amount of cable protection for the cables comprising Work No. 1(b) shall not exceed 0.23km³.

(5) No export cables forming part of the authorised development shall be located within the area hatched green on the works plan (the “exclusion zone for export cables”), whose coordinates are specified below—

Point	Latitude (DMS)	Longitude (DMS)
17	50° 45′ 11.46 N	000° 14′ 39.33 W
22	50° 47′ 40.20 N	000° 17′ 22.86 W
23	50° 43′ 59.56 N	000° 17′ 23.22 W
24	50° 43′ 59.47 N	000° 13′ 03.88 W

5

(1) Each monopile foundation forming part of the authorised development shall not have a diameter greater than 6.5 metres.

(2) Each gravity base foundation forming part of the authorised development shall not have—

(a) a diameter at the level of the seabed which is greater than 34 metres;

(b) a base height, where there is a flat base, which is greater than 10 metres above the level of the seabed.

(3) Each jacket foundation forming part of the authorised development shall not have—

(a) a width spacing between each leg at the level of the seabed which is greater than 32 metres;

(b) a leg diameter which is greater than 2.6 metres;

(d) more than one pile per leg;

(e) more than four legs.

(4) Each tripod foundation forming part of the authorised development shall not have—

(a) a pile diameter which is greater than 2.8 metres;

(b) more than one pile per leg;

(d) a column diameter which is greater than 4.5 metres.

(5) Each suction caisson foundation forming part of the authorised development shall not have—

(a) a diameter at the level of the seabed which is more than 35 metres;

(b) a column diameter which is more than 6.5 metres.

(6) Each IBGS foundation forming part of the authorised development shall not have—

(a) a width spacing between each leg at the level of the seabed which is greater than 26 metres;

(b) a central pile diameter which is greater than 2.8 metres; and

(7) No more than 156 monopile foundations shall be installed as part of the authorised development.

(8) No more than 124 jacket foundations shall be installed as part of the authorised development.

(9) No more than 124 IBGS foundations shall be installed as part of the authorised development.

(10) No more than 165 tripod foundations shall be installed as part of the authorised development.

(11) No more than 80 gravity base foundations shall be installed as part of the authorised development.

(12) No more than 118 suction caisson foundations shall be installed as part of the authorised development.

(13) The total amount of scour protection for the WTGs and offshore substations forming part of the authorised development shall not exceed 831,400m³.

Base port travel plan

6

(1) For the purposes of this requirement only—

“local planning authority” and “local highway authority” mean the planning or highway authority or authorities in England or Wales in whose area the relevant port is located;

“selected base port” means a port situated in England or Wales and used by management personnel for construction of the authorised development.

(2) Save for any horizontal directional drilling works, Work Nos. 1, 2 or 3A shall not be commenced until a travel plan for the onshore port-related traffic to and from the selected base port and relating to the authorised development, has been submitted to and approved in writing by the local planning authority in consultation with the local highway authority.

(3) The travel plan must be implemented as approved at all times specified within the travel plan during the construction of the authorised development.

Lighting

7

The undertaker shall exhibit such lights, with such shape, colour and character as are required by Air Navigation Order 2009²⁰, or as directed by the Civil Aviation Authority.

Offshore decommissioning

8

No authorised development shall 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 development onshore

9

(1) The connection works shall not commence until a written scheme setting out the stages of the connection works has been submitted to and approved by West Sussex County Council.

(2) The scheme shall be implemented as approved.

Design approval onshore

10

(1) No part of Work No. 25 shall commence until details of its layout, design, scale and external appearance (which shall accord with the principles of the onshore substation design and access statement) have been submitted to and approved in writing by West Sussex County Council.

(2) No building comprised in Work No. 25 shall exceed 6 metres in height above existing ground level and nor shall it exceed a footprint of 560m².

(3) No external equipment comprised in Work No. 25 shall exceed 10.5 metres in height above existing ground level.

Provision of landscaping

11

(1) The works comprising Work No. 25 shall not commence until a written landscaping scheme and associated work programme (which accords with the principles set out in figure 26.6 of the environmental statement) has been submitted to and approved in writing by West Sussex County Council.

(2) The landscaping scheme shall include details of all proposed hard and soft landscaping works, including—

(a) location, number, species, size and planting density of any proposed planting, including any trees;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(d) hard surfacing materials;

(e) vehicular and pedestrian access, parking and circulation areas;

(f) minor structures, such as furniture, refuse or other storage units, signs and lighting;

(g) proposed and existing functional services above and below, ground, including drainage, power and communications cables and pipelines, manholes and supports;

(h) details of existing trees and hedgerows to be removed and justification for their removal, including evidence to show that their removal is the only practicable course of action;

(i) details of existing trees and hedgerows to be retained with measures for their protection during the construction period;

(j) retained historic landscape features and proposals for restoration, where relevant;

(k) implementation timetables for all landscaping works; and

(l) proposed finished heights, form and gradient of earthworks.

Implementation and maintenance of landscaping

12

(1) All landscaping works in relation to Work No. 25 shall be carried out in accordance with the landscaping scheme approved under requirement 11 (provision of landscaping) and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards.

(2) Any tree or shrub planted as part of an approved landscaping scheme in relation to any land landward of MLWS within the Order limits that, within a period of ten years after planting, is removed, dies or becomes, in the opinion of West Sussex County Council or South Downs National Park Authority within the South Downs National Park, seriously damaged or diseased, shall be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Highway accesses

13

(1) No stage of the connection works shall commence until written details of the siting, design, degree of permanence and layout of—

(a) any new permanent means of access to a highway outside the South Downs National Park to be used by vehicular traffic for that stage; or

(b) any new temporary means of access to a highway to be used by vehicular traffic for that stage; or

has been submitted to and approved by West Sussex County Council or, where such access is directly to or from a trunk road, the Secretary of State for Transport.

(2) The highway accesses shall be constructed in accordance with the approved details.

Permanent highway accesses in the South Downs National Park

14

(1) No stage of the connection works within the South Downs National Park shall commence until written details of the siting, design and layout of any new permanent means of access to a highway to be used by vehicular traffic for that stage has, in consultation with the relevant highway authority, been submitted to and approved by South Downs National Park Authority.

(2) The highway accesses shall be constructed in accordance with the approved details.

Public rights of way

15

(1) No stage of the connection works shall commence until, for that stage, the undertaker has provided to the relevant highway authority for its approval a public rights of way diversion and closure scheme (which accords with the public rights of way strategy) which shall include a programme for the temporary closure and re-opening of the public rights of way specified at Schedule 4 (public rights of way to be temporarily stopped up), save for the National Trail in the South Downs National Park, comprising—

(i) a plan for the sequencing of construction of the connection works;

(ii) any alternative routes during the temporary closure, including routes within the working width; and

(iii) the re-opening of the public rights of way upon the cessation of that part of the authorised development requiring the temporary closure of those rights of way.

(2) The authorised development shall thereafter be carried out in accordance with the approved scheme and any new footpath forming part of Footpath 8T specified in Schedule 3 (footpath to be permanently stopped up) must be carried out in accordance with a specification that has been previously agreed with the relevant planning authority.

(3) Prior to the commencement of the connection works the undertaker shall provide to the relevant highways authority in consultation with the South Downs National Park Authority a rights of way and access land communication management plan, which shall include—

(a) proposals for informing the public of the start and duration of the connection works where public rights of way or the access land described in Schedule 6 (temporary suspension of public access to access land) are affected, including signage; and

(b) details of the proposed diversions and temporary closures to minimise impacts on public rights of way during construction of the connection works.

National Trail in the South Downs National Park

16

(1) No stage of the connection works within the South Downs National Park shall commence until the undertaker has provided to the South Downs National Park Authority for its approval a National Trail diversion and closure scheme (which accords with the public rights of way strategy) which shall include a programme for the temporary closure and re-opening of the National Trail, comprising—

(a) a plan for the sequencing of construction of the connection works;

(b) any alternative routes during the temporary closure, including routes within the working width; and

(c) the re-opening of the National Trail upon the cessation of that part of the authorised development requiring the temporary closure of the National Trail.

(2) The authorised development shall thereafter be carried out in accordance with the approved scheme.

Fencing and means of enclosure

17

(1) Work No. 25 shall not commence operation until written details of all proposed permanent fences, walls or other means of enclosure for that work have been submitted to and approved by West Sussex County Council.

(2) The permanent fencing, walls or other means of enclosure at Work No. 25 shall be installed as approved.

Temporary fencing in the South Downs National Park

18

(1) No stage of the connection works within the South Downs National Park shall commence until written details of all proposed temporary fencing or other means of enclosure for that stage that will be in situ for longer than six months have been submitted to and approved by South Downs National Park Authority.

(2) The temporary fencing or other means of enclosure shall be installed as approved.

(3) Any temporary fencing or other means of enclosure shall be removed on completion of the relevant stage of the connection works.

Surface and foul water drainage

19

(1) The works comprising Work No. 25 shall not commence until written details of the surface and (if any) foul water drainage system (including means of pollution control) have, after consultation with the relevant sewerage and drainage authorities and the Environment Agency, been submitted to and approved by West Sussex County Council.

(2) The surface and foul water drainage system for Work No. 25 shall be constructed in accordance with the approved details.

Contaminated land and groundwater

20

If during the construction of the connection works further contamination not previously identified is found to be present at the site then no further work shall be carried out on that part of the site until a risk assessment has been carried out and the results of the risk assessment have been provided to West Sussex County Council.

Landfill site

21

(1) No relevant stage of the connection works shall commence until—

(a) a scheme for the site investigation and risk assessment at the former landfill site at Brooklands Pleasure Park, the location of which is identified on figure 22.4 in the environmental statement, is submitted to and approved by West Sussex County Council in consultation with the Environment Agency and Worthing Borough Council; and

(b) a landfill management plan to address potential risks identified by the approved scheme in (a) above is submitted to and approved by West Sussex County Council in consultation with the Environment Agency and Worthing Borough Council.

(2) The approved landfill management plan shall thereafter be fully implemented and adhered to throughout the period of the construction of the connection works.

Flood risk

22

(1) No stage of the connection works may commence until there has been submitted to and approved in writing by West Sussex County Council in consultation with the Environment Agency a scheme for mitigation of flood risk during the construction and operation of the authorised development.

(2) The scheme shall contain in particular—

(a) provision for stockpiles of excavated materials to be located outside the flood plain where possible, or back from the edges of the watercourse to reduce the risk of silt run-off;

(b) provision for gaps at intervals in the stockpiles to ensure that floodwater movement is not hindered;

(d) details regarding storage of fuel or other hazardous substances outside the flood plain; and

(e) details regarding reinstatement of the flood plain area to minimise the risk of unprotected topsoil being lost by scour.

(3) The plan approved shall thereafter be fully implemented and adhered to throughout the period of the construction and operation of the authorised development.

Archaeology

23

(1) No stage of the connection works, including any trial trenching, shall commence outside the South Downs National Park until in relation to the relevant stage of the connection works a written scheme of archaeological investigation (which accords with the outline onshore written scheme of archaeological investigation) has been submitted to and approved in writing by West Sussex County Council.

(2) The written scheme of archaeological investigation shall identify areas where field work and/or a watching brief are required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

(3) Any archaeological works or watching brief carried out under the scheme shall be by a suitably qualified person or body approved by West Sussex County Council.

(4) Any archaeological works or watching brief shall be carried out in accordance with the approved scheme.

Archaeology in the South Downs National Park

24

(1) No stage of the connection works, including any trial trenching, shall commence within the South Downs National Park until in relation to the relevant stage of the connection works a written scheme of archaeological investigation (which accords with the outline onshore written scheme of archaeological investigation) has been submitted to and approved in writing by South Downs National Park Authority.

(2) The written scheme of archaeological investigation shall identify areas where field work and/or a watching brief are required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

(3) Any archaeological works or watching brief carried out under the scheme shall be by a suitably qualified person or body approved by South Downs National Park Authority.

(4) Any archaeological works or watching brief shall be carried out in accordance with the approved scheme.

Scheduled monument at Tottington Mount

25

(1) No relevant stage of the connection works shall commence until a methodology for those works that affect the Bronze Age cross-dyke scheduled monument at Tottington Mount (the “scheduled monument”) has been submitted and approved in writing by English Heritage.

(2) The methodology approved under paragraph (1) shall form part of the written scheme of archaeological investigation provided pursuant to requirement 24 (archaeology in the South Downs National Park), and the relevant stage of the works at the scheduled monument shall be carried out in accordance with the approved methodology.

(3) The methodology referred to in paragraph (1) shall include provisions to ensure that equipment and machinery are not used or operated on the scheduled monument in such conditions or in such manner that islikely to result in damage to the monument or to ground disturbance in the vicinity of the scheduled monument, other than is necessary for the construction and installation of that part of the authorised development that affects the scheduled monument.

(4) The undertaker shall provide at least 4 weeks’ notice (or such shorter period as may be agreed with English Heritage) of the commencement of the works at the scheduled monument.

(5) The undertaker shall provide access to the works at the scheduled monument to facilitate any inspection that English Heritage considers necessary to inspect the works to ensure compliance with the methodology approved under paragraph (1) above.

(6) The undertaker shall ensure that all agents and contractors involved in the construction works at the scheduled monument are informed of the following—

(a) the land is designated as a scheduled monument under the Ancient Monuments and Archaeological Areas Act 1979²¹; and

(b) the extent of the land designated as a scheduled monument, as set out in the scheduled monument description and map on the National Heritage List for England.

Construction environmental management plan

26

(1) No stage of the connection works shall commence until a construction environmental management plan, drafted in accordance with the principles set out in the outline construction environmental management plan has been submitted to and approved by West Sussex County Council in consultation with the Environment Agency and, in relation to the soil management plan referred to in paragraph (2)(a) below, Natural England.

(2) The plan shall contain in particular—

(a) a soil management plan which shall include measures for the handling, placing, compaction and management of soil;

(b) a construction air quality management plan which shall include measures to control fugitive emissions from construction activities and the suppression of dirt and dust;

(d) a site waste management plan to control the storage, use and disposal of materials during construction;

(e) measures to monitor and minimise vibration during construction of the connection works;

(f) proposals for environmental management during operation of Work No. 25; and

(g) a written scheme to deal with contamination of land including groundwater within the Order limits.

(3) All remediation, construction and commissioning works shall be undertaken in accordance with the approved plan.

Watercourse crossings

27

(1) No stage of the connection works involving the crossing, diversion and subsequent reinstatement of any designated main river or ordinary watercourse shall commence until a scheme and programme (including a timescale) for that crossing, diversion and reinstatement has been submitted to and, after consultation with the Environment Agency, approved in writing by West Sussex County Council.

(2) The designated main river or ordinary watercourse shall be crossed, diverted and subsequently reinstated in accordance with the approved scheme and programme.

(3) Unless otherwise permitted under paragraph (1), throughout the period of construction of the connection works, all ditches, watercourses, field drainage systems and culverts shall be maintained such that the flow of water is not impaired or the drainage onto and from adjoining land rendered less effective.

Ecological and landscape management plan

28

(1) No stage of the connection works outside the South Downs National Park shall commence until a written ecological and landscape management plan for the connection works outside the South Downs National Park (which accords with the outline ecological and landscape management plan) reflecting the survey results and ecological mitigation and enhancement measures, and taking into account landscape reinstatement, included in the environmental statement has been submitted to and approved in writing by West Sussex County Council in consultation with Natural England.

(2) The ecological and landscape management plan shall contain in particular—

(a) a hedgerows management plan, which shall include proposals for replacement of any hedgerows or important hedgerows to be removed pursuant to article 37(4) (felling or lopping of trees and removal of hedgerows) and shall accord with the principles set out in the outline hedgerows management plan; and

(b) an arboricultural method statement which shall include proposals for replacement of any tree to be felled pursuant to article 37(1) (felling or lopping of trees and removal of hedgerows) or article 38(1) (trees subject to tree preservation orders) and shall accord with the principles set out in the outline arboricultural method statement.

(3) The plan shall include an implementation timetable and shall be carried out as approved.

Ecological and landscape management plan for the South Downs National Park

29

(1) No stage of the connection works within the South Downs National Park shall commence until a written ecological and landscape management plan for the connection works within the South Downs National Park (which accords with the outline ecological and landscape management plan) reflecting the survey results and ecological mitigation and enhancement measures, and taking into account landscape reinstatement, included in the environmental statement has been submitted to and approved in writing by the South Downs National Park Authority in consultation with Natural England.

(2) The ecological and landscape management plan for the South Downs National Park shall contain in particular—

(a) a hedgerows management plan, which shall include proposals for replacement of any hedgerows or important hedgerows to be removed pursuant to article 37(4) (felling or lopping of trees and removal of hedgerows) and shall accord with the principles set out in the outline hedgerows management plan; and

(b) an arboricultural method statement which shall include proposals for replacement of any tree to be felled pursuant to article 37(1) (felling or lopping of trees and removal of hedgerows) or article 38(1) (trees subject to tree preservation orders) and shall accord with the principles set out in the outline arboricultural method statement.

(3) The plan shall include an implementation timetable and shall be carried out as approved.

Construction health, safety and environmental plan

30

(1) No stage of the connection works shall commence until a construction health, safety and environmental plan (which may include the construction environmental management plan) which sets out the working methods of contractors and site staff and the standards expected, has been submitted to and approved in writing by West Sussex County Council in relation to the connection works.

(2) The plan shall contain details of—

(a) reference to relevant health, safety and environmental legislation and compliance;

(b) project organisation and management;

(d) construction site management;

(e) communication and emergency response plan;

(f) working hours;

(g) site security;

(h) welfare facilities;

(i) local community liaison responsibilities, including communications plan;

(j) minimum training requirements for site staff;

(k) temporary fences, walls or other means of enclosure outside the South Downs National Park;

(l) environmental management; and

(m) construction laydown areas.

(3) The plan approved in relation to the connection works shall be followed in relation to those works.

Construction traffic management plan

31

(1) No stage of the connection works shall commence until a construction traffic management plan (which accords with the outline construction traffic management plan) has been submitted to and approved by West Sussex County Council in consultation with the Secretary of State for Transport.

(2) The construction traffic management plan shall accord with the principles set out in the environmental statement and shall include proposals for—

(a) construction vehicle routing;

(b) site accesses;

(d) the scheduling and timing of movements, in particular the details of abnormal load movements;

(e) temporary warning signs;

(f) a workforce travel plan; and

(g) access routes along the highway network to construction compounds and construction laydown areas.

(3) The construction traffic management plan shall be implemented as approved.

(4) The access marked AC6 on the access to works plan at Lambleys Lane/A27 trunk road shall not be brought into use as a construction access for the authorised development until the undertaker has demonstrated to the reasonable satisfaction of the Secretary of State for Transport that the access and thejunction with the A27 trunk road can be used or altered in a way that maintains the safety and operation of the A27 trunk road.

Construction hours

32

(1) Construction work for the connection works and any construction-related traffic movements to or from any site of the connection works shall not take place other than between 0700 hours and 1900 hours Monday to Friday and between 0800 hours and 1300 hours on Saturday, with no activity on Sundays, public holidays or bank holidays, save—

(a) where continuous periods of construction work are required, such as concrete pouring or directional drilling and West Sussex County Council and the South Downs National Park Authority within the South Downs National Park has been notified prior to such works 72 hours in advance;

(b) for the delivery of abnormal loads to the connection works, which may cause congestion on the local road network, where the relevant highway authority has been notified prior to such works 72 hours in advance;

(d) as otherwise agreed in writing with West Sussex County Council and the South Downs National Park Authority within the South Downs National Park.

(2) All construction operations which are to be undertaken outside the hours specified in paragraph (1) shall be agreed with West Sussex County Council and, for works within the South Downs National Park, the South Downs National Park Authority, in writing in advance, and shall be carried out within the agreed times.

External lighting and control of artificial light emissions

33

(1) No stage of the connection works outside the South Downs National Park where artificial lighting is required shall commence until written details of any external lighting to be installed in connection with that stage, including measures to prevent light spillage has been submitted to and approved by West Sussex County Council; any approved means of lighting shall subsequently be installed as approved.

(2) Work No. 25 shall not be commenced until a written scheme for the management and mitigation of artificial light emissions during the operation of Work No. 25 has been submitted to and approved in writing by West Sussex County Council.

(3) The approved scheme for the management and mitigation of artificial light emissions shall be implemented before and maintained during the operation of Work No. 25.

External lighting in the South Downs National Park

34

(1) No stage of the connection works within the South Downs National Park where artificial lighting is required shall commence until written details of any external lighting to be installed in connection with that stage, including measures to prevent light spillage, has been submitted to and approved by the South Downs National Park Authority.

(2) Any approved means of lighting shall subsequently be installed as approved.

Control of noise during construction

35

(1) No stage of the connection works shall commence until a written scheme for noise management during construction of those works (which accords with the outline construction noise management plan) has been submitted to and approved by West Sussex County Council.

(2) The scheme shall set out the particulars of—

(a) the works, and the method by which they are to be carried out;

(b) the noise attenuation measures to be taken to minimise noise resulting from the works, including any noise limits;

(c) in the case of Work No. 25 and any horizontal directional drilling works, a scheme for monitoring noise to ensure compliance with the noise limits and the effectiveness of the attenuation measures;

(d) in the case of Work No. 25, restrictions on certain construction activities to within the hours of 0800 and 1800 Monday to Friday and between 0800 hours and 1300 hours on Saturday, with no activity on Sundays, public holidays or bank holidays; and

(e) provision of notifications regarding exceptional hours of working.

(3) The approved noise management scheme shall be implemented before and maintained during construction of the connection works.

(4) The construction of the connection works shall be undertaken in accordance with the approved noise management scheme.

Control of noise during operational phase

36

(1) Work No. 25 shall not commence operation until a written scheme for noise management including monitoring and attenuation for the use of Work No. 25 has been submitted to and approved by West Sussex County Council.

(2) The noise management scheme shall be implemented as approved and maintained for the duration of use of the authorised development.

European protected species onshore

37

(1) No stage of the connection works shall commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by that stage of the connection works or in any of the trees to be lopped or felled as part of that stage of the connection works.

(2) Where a European protected species is shown to be present, the relevant part(s) of the connection works outside the South Downs National Park shall not commence until, after consultation with Natural England, a scheme of protection and mitigation measures has been submitted to and approved in writing by West Sussex County Council.

(3) The connection works shall be carried out in accordance with the approved scheme.

European protected species within the South Downs National Park

38

(1) Where a European protected species is shown to be present within the South Downs National Park pursuant to requirement 37 (European protected species onshore), the relevant part(s) of the connection works within the South Downs National Park shall not commence until, after consultation with Natural England, a scheme of protection and mitigation measures has been submitted to and approved in writing by South Downs National Park Authority.

(2) The connection works shall be carried out in accordance with the approved scheme.

Restoration of land used temporarily for construction

39

(1) Any land landward of MLWS within the Order limits and outside the South Downs National Park which is used temporarily for construction of the connection works and not ultimately incorporated in permanent works or approved landscaping, shall be reinstated to its former condition, or such condition as West Sussex County Council may approve, within 12 months of completion of commissioning of the connection works (or prior to this, if reasonably practicable).

(2) For the purposes of this requirement, “completion of commissioning” means the date when the circuits have been fully tested and verified that they are able to transmit their rated power capacity to the grid connection point.

Restoration of land within the South Downs National Park used temporarily for construction

40

(1) Any land within the South Downs National Park which is used temporarily for construction of the connection works and not ultimately incorporated in permanent works or approved landscaping, shall be reinstated to its former condition, or such condition as the South Downs National Park Authority may approve, within 12 months of completion of commissioning of the connection works (or prior to this, if reasonably practicable).

(2) For the purposes of this requirement, “completion of commissioning” means the date when the circuits have been fully tested and verified that they are able to transmit their rated power capacity to the grid connection point.

(3) No connection works within South Downs National Park shall commence until a method statement for the restoration of the chalk grasslands following construction of those works (which accords with the outline Tottington Mount management plan certified by the Secretary of State for the purposes of this Order) has been submitted to and approved by the South Downs National Park Authority.

(4) The restoration works shall be carried out in accordance with the approved scheme.

Onshore decommissioning

41

(1) Upon the cessation of commercial operation of the onshore substation works (described in Schedule 1 to the Order and identified in the Works Plan as Work No. 25), a scheme for the demolition and removal of the relevant works and restoration of the substation site to its previous land use and condition as agricultural land, including a proposed timetable, shall be submitted to Mid Sussex District Council for its approval following consultation with Natural England.

(2) Following its approval the scheme shall be carried out in accordance with the approved details and timetable unless otherwise agreed in writing by Mid Sussex District Council.

Amendments to approved details

42

(1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority or another approval authority (as specified), the approved details shall be carried out as approved unless an amendment or variation is agreed in advance in writing by the relevant planning authority or that other approval authority as specified in the relevant requirement in accordance with paragraph (2) and in consultation with any body specified in the relevant requirement or by requirement 43 (consultation with local planning authority).

(2) Any amendments to or variations from the approved details shall be in accordance with the principles and assessments set out in the environmental statement.

(3) The approved details shall be taken to include any amendments approved in writing by the relevant planning authority or that other approval authority.

Consultation with local planning authority

43

(1) For the purposes of this requirement, “local planning authority” means the planning authority for the area in which the land to which the relevant provision of this Order applies is situated.

(2) Where an application is made to West Sussex County Council for any consent, agreement or approval under the requirements, details shall be approved by West Sussex County Council in consultation with the local planning authority.

SCHEDULE 2 — Streets subject to street works

(1)	(2)
Area	Street subject to street works
In the County of West Sussex, Borough of Worthing	A259 Brighton Road at reference point A - B on the works plan
In the County of West Sussex, Borough of Worthing	Upper Brighton Road at reference point C - D on the works plan
In the County of West Sussex, Borough of Worthing	A27 road at reference point E - F on the works plan
In the County of West Sussex, Borough of Worthing	Lambleys Lane at reference point G - H on the works plan
In the County of West Sussex, District of Adur	Titch Hill at reference point I - J on the works plan
In the County of West Sussex, District of Adur	Coombes Road at reference point K - L on the works plan
In the County of West Sussex, District of Adur	A283 road at reference point M - N on the works plan
In the County of West Sussex, District of Horsham	Mill Hill at reference point O - P on the works plan
In the County of West Sussex, District of Horsham	Unnamed road at Beeding Hill at reference point Q - R on the works plan
In the County of West Sussex, District of Horsham	Edburton Road at reference point S - T on the works plan
In the County of West Sussex, District of Horsham	Unnamed road at reference point U - V on the works plan
In the County of West Sussex, District of Horsham	Horn Lane at reference point W - X on the works plan
In the County of West Sussex, District of Horsham	A281 Brighton Road at reference point Y - Z on the works plan
In the County of West Sussex, District of Horsham	B2116 Henfield Road at reference point AA - BB on the works plan
In the County of West Sussex, District of Mid Sussex	Bob Lane at reference point CC - DD on the works plan

SCHEDULE 3 — Footpath to be permanently stopped up

(1)	(2)	(3)	(4)
Area	Footpath to be stopped up	Extent of stopping up	New footpath to be substituted
In the County of West Sussex, District of Mid Sussex	Footpath 8T to the north of Bob Lane, Twineham	Approximately 186 metres of footpath 8T shown by black and white dashes between the points marked A and B on the revised footpath stopping up and diversion plan	Approximately 218 metres of new footpath 8T shown by a solid orange line between the points marked A and B on the revised footpath stopping up and diversion plan

SCHEDULE 4 — Public rights of way to be temporarily stopped up

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