Legalize / United Kingdom / Statutory-Instrument

The Walney Extension Offshore Wind Farm Order 2014

Type Statutory-Instrument

Publication 2014-11-07

Last updated 2017-12-28

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Reform history JSON API

“Work No. 1”— an offshore wind turbine generating station with a gross electrical output capacity of up to 750MW comprising up to 207 wind turbine generators with rotating blades, each fixed to the seabed by one of two foundation types, namely monopile foundation or jacket structure (in conjunction with suction caissons or steel piles), and situated within the coordinates for the Order limits seaward of MHWS and further comprising a network of subsea inter-array cables laid within the Order limits seaward of MHWS between the WTGs and Work No. 2(a), for the transmission of electricity and electronic communications between these different structures, including up to twenty cable crossings; and

“the works plan” means the plans certified as the works plans by the Secretary of State for the purposes of the Order.

(2) References in this licence to any statute, order, regulation or similar instrument shall be construed as a reference to the 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 shall be taken to be Greenwich Mean Time; and

(b) all co-ordinates shall be taken to be latitude and longitude degrees, minutes and seconds.

(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 shall be—

Details of licensed marine activities

2

(1) Subject to the licence conditions, 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) of the 2009 Act—

(a) the deposit at sea of the substances and articles specified in sub-paragraph (5) below;

(b) the construction of the works set out in sub-paragraph (2) below in or over the sea and/or on or under the sea bed; and

(c) the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation.

(2) Such activities are authorised in relation to the construction, maintenance and operation of—

Maintenance of authorised project

3

(1) The undertaker may at any time maintain the authorised development, except to the extent that an agreement made under this licence provides otherwise. No maintenance works whose likely effects on the environment are not assessed in the environmental statement shall take effect, unless otherwise approved by the MMO. The Schedule of Offshore Maintenance Activities identifies those offshore maintenance activities that have been assessed in the environmental statement.

(2) Where the MMO’s approval is required under sub-paragraph (1), such approval must only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the discharging authority 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.

Duration

4

This licence shall remain in force until the authorised development has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 of the 2004 Act, including any modification to the programme under section 108, and the completion of such programme has been confirmed by the Secretary of State in writing.

PART 2 — Licence Conditions

Design parameters for offshore substation platforms and export cable systems

1

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

(2) The dimensions of any offshore substation forming part of the authorised development (excluding any towers, helipads, masts and cranes) shall not exceed 75 metres in height when measured from LAT, 50 metres in length and 50 metres in width.

(3) No jacket structure for use with any offshore substation forming part of the authorised development, when used in conjunction with steel piles or suction caissons, shall have—

(a) a width spacing between each leg at the level of the seabed of more than 70 metres and at the level of LAT which is greater than 40 metres;

(b) more than 4 legs;

(d) more than four piles per leg;

(e) a pile diameter of more than 3.5 metres;

(f) more than three suction caissons per leg;

(g) a suction caisson diameter of greater than 25 metres each.

(4) The number of cable systems forming part of the authorised development laid in the cable corridor forming part of the Order limits between reference point AA and reference point BB and reference point CC shown on the works plans shall not exceed five.

(5) The total length of the cables comprising Work No. 3A shall not exceed 480 kilometres.

Design parameters for other deposits

2

(1) The total volume of scour protection for use with the offshore substation platforms in Work No. 2(a) shall not exceed 125,100m³.

(2) The total volume of cable protection (excluding cable crossings) within Work No. 3A shall not exceed 109,650m³ with a maximum footprint of 142,139m².

(3) The total volume of cable protection associated with cable crossings included within Work No. 3A shall not exceed 125,955m³ with a maximum footprint of 144,548m².

Notifications and inspections

3

(1) The undertaker must ensure that—

(a) a copy of this licence and any subsequent amendments or revisions to it are provided to—

(i) all agents and contractors notified to the MMO in accordance with condition 4 of this licence; and

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with the condition 4 of this licence;

(b) within 28 days of receipt of a copy of this licence those persons referred to at sub-paragraph (i) above must provide a completed confirmation form to the MMO confirming their understanding of the terms and conditions of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 4 are permitted to carry out the licensed activities.

(3) Copies of this licence must also be available for inspection by an enforcement officer at all reasonable times 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 works; and

(c) on board each vessel or at the office of any transport manager with responsibility for vessels from which authorised deposits are to be made or authorised works undertaken.

(4) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or the ancillary works or vessels to facilitate any inspection that the MMO or Trinity House considers necessary to meet any mandatory health and safety requirements or inspect the works during construction and operation of the authorised development.

(5) The undertaker must inform the MMO marine licensing team and the coastal MMO office specified in paragraph 1(4)(a) above, and the Hydrographic Office, the MCA, and Trinity House, in writing at least five working days prior to the commencement of the licensed activities or any part of them.

(6) The undertaker must publish in the Kingfisher Fortnightly Bulletin details of the vessel routes, timings and locations relating to the construction of the authorised development, or relevant part, at least five working days prior to the commencement of the licensed activities or any part of them.

(7) The undertaker must ensure that a notice to mariners is issued at least ten days prior to the commencement of Work Nos. 2 and 3A and 3B advising of the start date of those licensed activities and the expected vessel routes from the local service ports to the areas in which those works are to be carried out.

(8) The undertaker must ensure that the notices to mariners are agreed with the MMO and the MCA in accordance with the construction programme approved under licence condition 9(1)(a). Such notices must be—

(a) updated and reissued at regular intervals; and

(b) supplemented with VHF radio broadcasts.

Copies of all notices must be provided to the MMO.

Reporting of engaged agents, contractors and vessels

4

(1) The undertaker must provide the following information to the MMO—

(a) the name and function of any agent or contractor appointed to engage in the licensed activities, at least five working days prior to the commencement of the licensed activities or any part of them; and

(b) each week during the construction of the authorised development a completed Hydrographic Note H102 listing the vessels to be used in relation to the licensed activities.

(2) Any changes to the supplied details must be notified to the MMO in writing at least five working days prior to the agent, contractor or vessel engaging in the licensed activities.

Equipment and operation of vessels engaged in licensed activities

5

(1) All vessels employed to perform the licensed activities must be constructed and equipped to be capable of the proper performance of such activities in accordance with the conditions of this licence and must comply with sub-paragraphs (2) to (5) below.

(2) All motor powered vessels must be fitted with the following equipment—

(a) electronic positioning aid to provide navigational data;

(b) radar;

(d) multi-channel VHF, and

no vessel shall engage in the licensed activities until all such equipment is fully operational.

(3) All vessels’ names or identification must be clearly marked on the hull or superstructure of the vessel.

(4) All vessels must exhibit signals in accordance with the requirements of the International Regulations for the Prevention of Collisions at Sea.

(5) All communication on VHF working frequencies must be in English.

Chemicals, drilling and debris

6

(1) All chemicals used in the construction of the authorised development must be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002, unless otherwise agreed by the MMO.

(2) All protective coatings and paints must be suitable for use in the marine environment. Details of such coatings and paints and how they will be used must be submitted to the MMO as part of the construction method statement required under condition 9(1)(c).

(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 per cent of the total volume of all reservoirs and containers.

(4) Where foundation drilling works are proposed, in the event that any system other than water based mud is proposed, the MMO’s written approval in relation to the proposed disposal of any arisings must be obtained before the drilling commences.

(5) The undertaker must ensure that only inert material of natural origin, produced during construction drilling and seabed preparation for foundation works shall be disposed of within the Disposal Site.

(6) The undertaker must inform the MMO of the location and quantities of inert material disposed of each month under this licence, by submission of a disposal return by 31st January each year for disposals occurring during the months July to December inclusive of the preceding year, and by 31st July each year for disposals occurring during the months January to June inclusive of that year.

(7) The undertaker must notify the MMO within 48 hours of the completion of the final disposal of inert material at the Disposal Site.

(8) The undertaker must ensure that any debris arising from the construction of the authorised development or temporary works placed below MHWS are removed on completion of the construction of the authorised development, unless otherwise agreed with the MMO.

(9) At least two months prior to the commencement of the licensed activities the undertaker must submit to the MMO a transportation audit sheet covering the construction of the authorised development. No works shall commence until the audit sheet content has been agreed with the MMO. The audit sheet must include details of—

(a) loading facilities;

(b) vessels;

(d) shipment routes;

(e) working schedules; and

(f) all components and materials to be used in the construction of the authorised development.

(10) The audit sheet must be maintained throughout the construction of the authorised development and any changes notified immediately in writing to the MMO. The audit sheet will be made available for inspection by the MMO within 12 hours of the undertaker’s receipt of a request made by the MMO.

(11) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for it must require the undertaker in writing to carry out a side scan sonar survey to plot all obstructions across the relevant areas within the Order limits seaward of MHWS where construction works and related activities have been carried out. Local fishermen must be invited to send a representative to be present during the survey. Any new obstructions that the MMO reasonably concludes are associated with the authorised development must be removed, as directed by the MMO in writing, at the undertaker’s expense.

Force majeure

7

If, due to stress of weather or any other cause the master of a vessel determines that it is necessary to deposit the authorised substances and/or articles within or outside of the Order limits seaward of MHWS because the safety of human life and/or of the vessel is threatened full details of the circumstances of the deposit must be notified to the MMO within 48 hours, and the undertaker must—

(a) as soon as reasonably practicable following such notification, submit a method statement and programme for the removal of the deposit; and

(b) undertake the removal of the deposit in accordance with the approved method statement and programme, unless otherwise agreed with the MMO.

Restrictions on works in the Inter-tidal Area

8

(1) The undertaker must not construct or install those licensable activities comprised in Work Nos. 3A and 3B in the Inter-tidal Area—

(a) between 1st October and 31st March (inclusive); and

(b) the period of time commencing two hours before High Tide and ending two hours after High Tide between 1st April and 14th April (inclusive), unless otherwise approved by the MMO, in consultation with Natural England.

(2) Those licensable activities comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans must—

(a) only be undertaken by means of horizontal directional drilling from construction working sites located west of point XX and/or east of point YY;

(b) comprise a horizontal directional drilling entry/exit point no less than 50 metres west of point XX on the works plans; and

(c) not involve the placing or transportation of any plant, apparatus, cables, cable ducts or any other materials required for the carrying out of the connection works on or over that land, provided that the undertaker may place or transport (by hand and on foot only) such equipment and/or means of enclosure, on or over that land, as may be required to—

(i) contain and/or remove fluid used in the horizontal directional drilling process including the placing of hoses along the northern Order limit between points XX and YY shown on the works plans for Work No. 3B as approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order; and

(ii) mitigate the horizontal directional drilling process in accordance with environmental management and monitoring plan approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order.

(3) The connection works comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans must not be commenced until an environmental management and monitoring plan has been approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order. The environmental management and monitoring plan must be submitted for approval at least four months prior to the commencement of those connection works, or within such other timescale as agreed pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order.

(4) The environmental management and monitoring plan must include details of the location, method and timing of surveys of the land within the Order limits between points XX and YY shown on the works plans to—

(a) establish the pre-construction baseline condition of the saltmarsh and the distribution of the Lycia zonaria britannica (Belted Beauty Moth) in that location; and

(b) record within a five year period following completion of construction the ecological recovery of the saltmarsh and the distribution of the Lycia zonaria britannica (Belted Beauty Moth) in that location and, if applicable, any receptor site to which the Lycia zonaria britannica (Belted Beauty Moth) has been translocated.

(5) The environmental management and monitoring plan must include details of the methodology for undertaking the connection works comprised in Work Nos. 3A and 3B between points XX and YY shown on the works plans by horizontal directional drilling, and mitigation measures relating thereto, including—

(a) details of the equipment required to contain and/or remove fluid used in the horizontal directional drilling process;

(b) details of means of enclosure to be deployed (if any);

(d) the use of a real time downhole annular pressure monitor;

(e) details of how the length of each drill path will be minimised;

(f) details of the training of personnel to be employed in relation to the horizontal directional drilling and/or mitigation measures;

(g) the employment of an Ecological Clerk of Works and scope of duties relating to that role;

(h) details of how the number of trips made between points XX and YY shown on the works plans will be minimised;

(i) details of the methodology and location of suitable receptor sites associated with the translocation of the Lycia zonaria britannica (Belted Beauty Moth), should such translocation be required by the relevant planning authority, having consulted with Natural England and the MMO;

(j) details of the methodology for preventing birds from nesting above the alignment of each horizontal directional drill, such methodology may include visual and/or sound deterrents, and/or physical barriers; and

(k) details of how the connection works will be maintained (if applicable).

(6) The environmental management and monitoring plan must be implemented as approved, unless otherwise approved pursuant to Requirement 16 of Part 3 of Schedule 1 to the Order, and provided that the undertaker shall not be required to carry out the post-construction monitoring of the ecological recovery of the saltmarsh in sub-paragraph (4)(b) in the event that no fluid used in the horizontal directional drilling process is released into the saltmarsh between points XX and YY shown on the works plans.

Seasonal restrictions in respect of fish spawning

9

(1) The undertaker must ensure that no percussive piling activity takes place during the cod spawning period from 15th February to 31st March (inclusive) of any year.

(2) The undertaker must ensure that no percussive piling activity takes place during the herring spawning period from 15th September to 15th November (inclusive) for any year, within such areas as agreed with the MMO prior to the commencement of construction. The undertaker must provide to the MMO the results of noise modelling prepared to an agreed methodology to inform the selection of such areas.

Pre-construction plans and documentation

10

(1) The licensed activities must not commence until the following have been submitted to and approved by the MMO and, in relation to paragraphs (a) to (g), (i) and (j), following consultation with Natural England—

(a) a construction and monitoring programme to include details of—

(i) the proposed construction start date;

(ii) timings for mobilisation of plant, delivery of materials and installation works;

(iii) proposed pre-construction surveys/monitoring, baseline reporting format and content, construction surveys/monitoring, post-construction surveys/monitoring and related reporting in accordance with licence conditions 10 and 11;

(iv) a design plan at a scale of between 1:25,000 and 1:50,000, including detailed representation on the most suitable scaled Admiralty Chart, as agreed with the MMO, in consultation with Trinity House, the MCA and Natural England, which shows any archaeological exclusion zones identified under paragraph (h), and any exclusion zones and/or micrositing requirements identified in any mitigation scheme pursuant to paragraph (i); and

(v) proposed timings for the disposal of material produced during construction drilling and seabed preparation for foundation works;

(b) a plan to be agreed with the MMO in consultation with Trinity House and the MCA setting out proposed details of the authorised development, specifying the—

(i) number, dimensions and foundation type(s) and depth for each offshore substation platform;

(ii) the grid coordinates of the centre point of each offshore substation platform;

(iii) proposed layout of all cables; and

(iv) the proposed location(s) for the disposal of material produced during construction drilling and seabed preparation for foundation works;

(c) a construction method statement in accordance with the construction methods assessed in the environmental statement and including details of—

(i) foundation installation, including any seabed preparation, drilling and disposal of arisings methods;

(ii) offshore substation installation, including any seabed preparation and scour protection;

(iii) cable installation, including cable protection, the method and specification for seabed reinstatement relating to open cut trenches excavated in the Inter-tidal Area, and the method and frequency of post-construction surveys required to monitor physical and biological recovery of the seabed following such reinstatement;

(iv) protective coatings and paints as required under condition 6(2);

(v) contractors;

(vi) vessels and vessel transit corridors;

(vii) ancillary works; and

(viii) drilling methods and disposal of material produced during construction drilling and seabed preparation for foundation works;

(d) a project environmental management and monitoring plan 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 during construction and operation of the authorised development in relation to all activities carried out below MHWS and Work Nos. 4 to 7 (inclusive);

(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) a method statement for the taking of sediment samples;

(iv) waste management and disposal arrangements including a protocol covering potential finds of objects associated with the legacy of disposal at sea of material from the nuclear industry; and

(v) the appointment and responsibilities of a fisheries liaison officer and an environmental liaison officer;

(e) a scour protection management plan providing details of the need, type, sources, quantity and installation methods for scour protection;

(f) a marine mammal mitigation protocol, including a requirement for a soft start procedure, when driven or part-driven pile foundations are used;

(g) cable specification and installation plan in accordance with the methodology assessed in the environmental statement, to include—

(i) technical specification of off-shore cables, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable burial depth in accordance with industry good practice; and

(ii) a detailed cable laying plan for the Order limits seaward of MHWS, incorporating geotechnical data and a cable burial risk assessment to inform cable burial depths and cable laying techniques, including contingency measures, in the event cable burial is not achieved by the methods proposed in that plan;

(h) a written scheme of archaeological investigation in relation to the Order limits in accordance with industry good practice and developed in consultation with English Heritage, and where applicable, the relevant local authority, to include—

(i) details of responsibilities of the undertaker, archaeological consultant and contractor;

(ii) a methodology for any further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

(iii) a programme for the analysis and reporting of survey data, and timing, which is to be submitted to the MMO within four months of the survey being completed, unless otherwise agreed with the MMO;

(iv) details of any mitigation including, where necessary, archaeological exclusion zones;

(v) details of monitoring during and post construction, including a conservation programme for finds and publication of reports, developed in consultation with English Heritage, associated with the consented development;

(vi) details of methods for archiving of archaeological material; and

(vii) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised development;

(i) a mitigation scheme for any Annex I Habitat identified by the survey referred to in condition 10(2)(a);

(j) an offshore operations and maintenance plan that must be submitted to the MMO at least four months prior to commencement of the operation of the licensed activities and include provision for the review and resubmission of that plan every three years during the operational phase. The offshore operations and maintenance plan must include details of—

(i) information on the presence of Annex I Habitat as identified in condition 10(2)(a);

(ii) information on, including likely schedule of, corrective and preventative maintenance activities proposed during the operation of the licensed activities, as identified in the environmental statement and Schedule of Offshore Maintenance Activities;

(iii) a summary of the environmental impact of the activities listed under sub-paragraph (ii), as identified in the environmental statement and Schedule of Offshore Maintenance Activities, and having regard to sub-paragraph (i); and

(iv) the anticipated maintenance activities that exceed the frequency and/or scope of licensable activities identified in the environmental statement and Schedule of Offshore Maintenance Activities, and the proposed approach to the licensing of these activities.

and each programme, statement, plan, protocol, scheme or other detail required to be approved under this condition must be submitted to the MMO for approval at least four months prior to the commencement of works, except where otherwise stated or unless otherwise agreed by the MMO.

(2) The undertaker must ensure that a copy of any agreed archaeological report is deposited with the National Monuments Record, in accordance with the Online AccesS to the Index of archaeological investigationS (OASIS) system.

(3) The licensed activities must be carried out in accordance with any programme, statement, plan, protocol, scheme or other details approved under this licence condition, unless otherwise agreed by the MMO.

Pre-construction surveying and monitoring

11

(1) The undertaker must, in discharging condition 10(1)(a) submit details for approval by the MMO in consultation with Natural England of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report at least 4 months prior to surveys commencing.

(2) The pre-construction surveys referred to in sub-paragraph (1) must unless otherwise agreed with the MMO have due regard to the need to undertake—

(a) surveys to determine the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance (including Annex I Habitat) inside the area(s) within the Order limits seaward of MHWS in which it is proposed to carry out construction works;

(b) a high resolution swath-bathymetry survey and side-scan sonar survey of the areas within the Order limits seaward of MHWS in which it is proposed to carry out construction works, including a 500 metre buffer area around the site of each work inclusive of seabed anomalies or sites of historic or archaeological interest that lie within that 500 metre buffer;

(c) debris surveys, including a side scan sonar survey, across the area(s) within the Order limits seaward of MHWS in which it is proposed to carry out construction works; and

(d) surveys of the baseline environment of the Inter-tidal Area within the Order limits seaward of MHWS in which it is proposed to carry out construction works.

(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 by the MMO.

(4) The undertaker must not commence construction until the baseline report has been agreed by the MMO.

Construction monitoring

12

(1) The undertaker must, in discharging condition 10(1)(a), submit details for approval by the MMO in consultation with Natural England of proposed surveys or monitoring, including methodologies and timings, to be carried out during the construction of the authorised development.

(2) A scheme for noise monitoring must be submitted for approval by the MMO prior to the commencement of any piling activity, which scheme must include details for measurements of noise generated at a minimum of three piling locations.

(3) The undertaker must carry out the surveys 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 with the MMO.

(4) The results of the initial noise measurements provided in accordance with sub-paragraph (3) must be provided to the MMO within six weeks of the installation of the first monitored pile approved pursuant to sub-paragraph (1), unless otherwise agreed with the MMO.

(5) Unless otherwise agreed with the undertaker, within 6 weeks of the submission of results of the initial noise measurements provided in accordance with sub-paragraph (3) the MMO must, having regard to those results, determine whether or not any further noise monitoring is required and confirm this to the undertaker.

Post construction monitoring

13

(1) The undertaker must, in discharging condition 10(1)(a), submit details for approval by the MMO in consultation with Natural England of proposed post-construction surveys, including methodologies and timings, and proposed format, content and timings for providing reports on the results. Subject to receipt of specific proposals, it is expected that acceptable post-construction surveys will comprise, in outline—

(a) a survey of any benthic communities/benthos constituting Annex I Habitat inside the area(s) within the Order limits seaward of MHWS in which construction works were carried out;

(b) high resolution swath-bathymetric surveys to assess any changes to bed form morphology, and to ensure that the cables have been buried, to be undertaken as follows—

(i) the first survey shall be undertaken across the entirety of the area within the Order limits seaward of MHWS in which construction works were carried out; and

(ii) any subsequent surveys shall be undertaken across such representative areas within the Order limits seaward of MHWS as may be agreed with the MMO, and such further monitoring as may be agreed with the MMO; and

(c) surveys of the Inter-tidal Area within the Order limits seaward of MHWS in which construction works were carried out, to determine the extent and success of physical and biological recovery following cable installation.

(2) Following the completion of the authorised development, the undertaker must carry out the surveys referred to in sub-paragraph (1) for three years, which may be non-consecutive years, and provide reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed with the MMO following consultation with Natural England.

(3) If a major storm event occurs at any time between the completion of the authorised development and the completion of the third year of surveys required under sub-paragraph (2), the undertaker must carry out a side scan sonar and bathymetry survey within the Order limits seaward of MHWS in which the construction works were carried out, in accordance with such timetable as may be agreed with the MMO following consultation with Natural England.

Offshore Decommissioning

14

No part of the authorised development seaward of MHWS 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. The undertaker must consult the MMO, Natural England and the relevant planning authority on the proposed decommissioning activity no less than four months prior to submission of the proposed decommissioning programme to the Secretary of State.

Offshore Safety Management

15

(1) No authorised development seaward of MHWS shall commence until the MMO, in consultation with the MCA, has given written approval of a plan for an active safety management system which includes an emergency response and co-operation plan (ERCoP) for the construction, operation and decommissioning phases of the authorised development in accordance with the MCA’s recommendations in MGN 371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues”.

(2) No authorised development seaward of MHWS shall commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within the document MGN 371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

(3) The active safety management system and ERCoP must be implemented as approved unless otherwise agreed by the MMO in consultation with the MCA.

16

(1) The undertaker must at or near the authorised development during the whole period of the construction, operation, alteration, replacement or decommissioning of the authorised development seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and to take such other steps for the prevention of danger to navigation, as Trinity House may from time to time direct.

(2) The undertaker must provide information to the Hydrographic Office on the position and nature of works to facilitate the issuing of notices and warnings to mariners.

(3) The undertaker must keep the Hydrographic Office, the MCA, Trinity House and the MMO informed of progress with the authorised development and will provide—

(a) at least 24 hours’ notice of commencement within 24 hours of commencement having occurred;

(b) as soon as reasonably practicable notification of the provision of any aids to navigation required by the licence conditions;

(d) notice to Trinity House and the MMO of any failure of aids to navigation, and the plans for remedying such failures, as soon as practicable and within 24 hours of such failure being identified;

(e) notification of completion within 2 weeks of completion of the authorised development.

(4) The undertaker must paint yellow (colour code RAL 1023) all structures to be constructed as part of the authorised development seaward of MHWS from at least HAT to a height directed by Trinity House. Unless the MMO otherwise directs, the undertaker must paint the remainder of the structures submarine grey (colour code RAL 7035).

(5) The undertaker must exhibit such lights, with such shape, colour and character as are required by Air Navigation Order 2009, or as directed by the CAA, and must notify the CAA and the MMO of any failure of those lights and the timescales in which such failure will be remedied, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

17

In case of damage to, or destruction or decay of, the authorised development seaward of MHWS or any part thereof the undertaker must as soon as reasonably practicable notify Trinity House and must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.

Requirement for written approval

18

With respect to any condition of this licence which requires the licensed activities to be carried out in accordance with any details approved by the MMO, notification of such approval must be given in writing.

Amendments to approved details

19

(1) With respect to any condition which requires the licensed activities to be carried out in accordance with the details approved by the MMO, the approved details shall be carried out as approved unless an amendment or variation is agreed in advance by the MMO pursuant to the relevant condition, in accordance with sub-paragraph (2) and in consultation with any body specified in the relevant condition.

(2) Where any condition specifies “unless otherwise agreed” by the MMO such agreement shall not be given except in relation to immaterial changes where it has been demonstrated to the satisfaction of the MMO that 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 shall be taken to include any amendments that may subsequently be approved by the MMO.

SCHEDULE 11 — REMOVAL OF IMPORTANT HEDGEROWS

(1) Area	(2) Reference of hedgerow
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 1 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 2 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 3 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 4 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 5 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 6 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 7 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 8 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 9 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 12 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 13 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 14 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 15 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 16 on the Hedgerow Plan
In the County of Lancashire, District of City of Lancaster	The important hedgerow marked 18 on the Hedgerow Plan

SCHEDULE 12 — PROTECTIVE PROVISIONS

PART 1 — Protection for Environment Agency

1

(1) The following provisions shall apply for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority.

(2) In this Part of this Schedule—

“construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” shall be construed accordingly;

“drainage authority” means the Environment Agency;

“drainage work” means any watercourse and includes any land which 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, flood defence or tidal monitoring;

“the fishery” means any waters containing fish and the spawn, habitat or food of such fish;

“plans” includes sections, drawings, specifications and method statements;

“specified work” means so much of the authorised development as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to affect any drainage work;

“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer.

2

(1) Before beginning to construct any specified work, the undertaker shall submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may within 28 days of the submission of the plans reasonably require.

(2) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the drainage authority, or determined under paragraph 11.

(3) Any approval of the drainage authority required under this paragraph—

(a) shall not be unreasonably withheld or delayed;

(b) shall be deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

(c) may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work or the fishery or for the protection of water resources for the prevention of pollution or in the discharge of its environmental duties.

(4) The drainage authority shall use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

3

Without limiting the scope of paragraph 2, the requirements which the 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, 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.

4

(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 3, shall 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 drainage authority,

and an officer of the drainage authority shall be entitled to watch and inspect the construction of such works.

(2) The undertaker shall give to the drainage authority 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 brought into use.

(3) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority 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 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 such extent and within such limits as the drainage authority reasonably requires.

(4) Subject to sub-paragraph (5), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any expenditure incurred by it in so doing shall be 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 drainage authority shall not except in emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.

5

(1) Subject to sub-paragraph (5) the undertaker shall 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 Order limits 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 drainage authority, the 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 drainage authority 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 drainage authority reasonably requires.

(3) 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 drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing 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 drainage authority shall not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

(5) This paragraph does not apply to—

(a) drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prescribed 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.

6

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 shall be made good by the undertaker to the reasonable satisfaction of the drainage authority and if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.

7

(1) The undertaker shall 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 drainage authority has reason to expect that such damage may be caused, the drainage authority 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.

(3) If within such time as may be reasonably practicable for that purpose after the receipt of written notice from the drainage authority of any damage or expected damage to a fishery, the undertaker fails to take such steps as are described in sub-paragraph (2), the drainage authority may take those steps and may recover from the undertaker the expense reasonably incurred by it in doing so.

(4) In any case where immediate action by the drainage authority is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the drainage authority may take such steps as are reasonable for the purpose, and may recover from the undertaker the reasonable cost of so doing provided that notice specifying those steps is served on the undertaker as soon as reasonably practicable after the drainage authority has taken, or commenced to take, the steps specified in the notice.

8

The undertaker shall indemnify the drainage authority in respect of all costs, charges and expenses which the drainage authority may reasonably incur or have to pay or which it may sustain—

(a) in the consideration or approval of plans under this Part of this Schedule; and

(b) in the inspection of the construction of the specified works or any protective works required by the drainage authority under this Part of this Schedule.

9

(1) Without prejudice to the other provisions of this Part of this Schedule, the undertaker shall indemnify the drainage authority from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the drainage authority by reason 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 works or any sewers, drains and watercourses;

(d) any damage to the fishery;

(e) inadequate water quality in any watercourse or other surface waters or in any groundwater,

which is caused by the construction of any of the specified works or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the work.

(2) The drainage authority shall give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without the agreement of the undertaker which agreement shall not be unreasonably withheld or delayed.

10

The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the undertaker from any liability under the provisions of this Part of this Schedule.

11

Nothing in this Part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and the Environment Agency in respect of land belonging to the undertaker on the date on which the Order is made.

PART 2 — PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

1

(1) For the protection of any operator, the following provisions shall, unless otherwise agreed in writing between the undertaker and the operator, have effect.

(2) In this Part of this Schedule—

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003[^f00033];

“electronic communications code network” means—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 of the 2003 Act; andan 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; and

“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;

“operator” means the operator of an electronic communications code network.

2

Part 10 of Schedule 3A to the Communications Act 2003 (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus), shall apply in relation to the exercise of the powers of article 29 (statutory undertakers).

3

(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 shall bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and shall—

(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) shall impose 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 shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand shall be made without the consent of the undertaker which, if it withholds such consent, shall have 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 shall be referred to and settled by arbitration under article 42 (arbitration) of this Order.

4

This Part of this Schedule shall not apply to any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act[^f00035].

5

Nothing in this Part of this Schedule shall affect 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 the Order is made.

PART 3 — FOR THE PROTECTION OF UTILITY UNDERTAKERS

1

For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions shall, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned, have effect.

2

In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989) belonging to or maintained by that undertaker;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;in the case of a water undertaker—mains, pipes or other apparatus belonging to, or maintained by, the undertaker for the purposes of water supply; andany 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 of the Water Industry Act 1991;in the case of a sewerage undertaker—any drain or works vested in the undertaker under the Water Industry Act 1991; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act,and includes a sludge main, disposal main (within the meaning of section 219 of that Act) 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;

“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

“utility undertaker” means—any licence holder within the meaning of Part 1 of the Electricity Act 1989, save that this shall not include National Grid Electricity Transmission plc or any affiliate or successor body thereof;a gas transporter within the meaning of Part 1 of the Gas Act 1986;a water undertaker within the meaning of the Water Industry Act 1991; anda sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,for the area of the authorised development landward of mean low water level, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4

Regardless of any provision in this Order or anything shown on the land plan the undertaker shall not acquire any apparatus other than by agreement.

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 shall not be removed under this Part of this Schedule and any right of a utility undertaker to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question.

(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, it shall give to the utility 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 a utility undertaker reasonably needs to remove any of its apparatus) the undertaker shall, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and for the subsequent 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 utility undertaker in question shall, 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 shall be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 42 (arbitration).

(5) The utility undertaker in question shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 42, and after the grant to the utility 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 utility 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 utility undertaker, shall be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

(7) Sub-paragraph (6) applies to any part of any work necessary in connection with construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land of the undertaker.

(8) Nothing in sub-paragraph (6) shall authorise 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.

6

(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility 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 shall be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 42 (arbitration).

(2) In settling those terms and conditions in respect of the alternative apparatus to be constructed, the arbitrator shall—

(a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the electricity generating station and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the undertaker; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed for which the alternative apparatus is to be substituted.

(3) 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 utility 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 shall make such provision for the payment of compensation by the undertaker to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

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 been required by the undertaker under paragraph 6(2), the undertaker shall submit to the utility undertaker in question a plan, section and description of the works to be executed.

(2) Those works shall 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 utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and an officer of the utility undertaker shall be entitled to watch and inspect the execution of those works.

(3) Any requirements made by the utility undertaker under sub-paragraph (2) shall 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 a utility 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 5 and 6 shall apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).

(5) Nothing in this paragraph shall preclude 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 shall apply to and in respect of the new plan, section and description.

(6) The undertaker shall not be required to comply with sub-paragraph (1) in a case of emergency but in that case it shall give to the utility 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 shall comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

8

(1) If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the undertaker shall provide such alternative means of access to such apparatus as will enable the undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

(2) Subject to the following provisions of this paragraph, the undertaker shall repay to a utility undertaker the reasonable expenses incurred by that utility 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).

(3) There shall be deducted from any sum payable under sub-paragraph (2) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.

(4) 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 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 42 (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 undertaker in question by virtue of sub-paragraph (2), shall be reduced by the amount of that excess.

(5) For the purposes of sub-paragraph (4)—

(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as 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 shall be treated as if it also had been agreed or had been so determined.

(6) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (2) shall, 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 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 of the 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 a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker shall—

(a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

(b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker, by reason or in consequence of any such damage or interruption,

...

(2) Nothing in sub-paragraph (1) shall impose 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 a utility undertaker, its officers, servants, contractors or agents.

(3) A utility undertaker shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the undertaker, which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

10

Nothing in this Part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which the Order is made.

Signed

Signed by authority of the Secretary of State for Energy and Climate Change

Giles Scott — Head of National Infrastructure Consents — Department of Energy and Climate Change — 2014-11-07

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises DONG Energy Walney Extension (UK) Limited to construct, operate and maintain a generating station in the Irish Sea approximately 19 kilometres off the Isle of Walney coast, together with all necessary and associated development. For the purposes of the development that it authorises, DONG Energy Walney Extension (UK) Limited is authorised by the Order compulsorily or by agreement to purchase land and rights in land to use land, as well as to override easements and other rights. The Order also provides a defence in proceedings in respect of statutory nuisance and to discharge water. The Order imposes requirements in connection with the development for which it grants development consent.

The Order also grants two deemed marine licences (one in respect of generation assets and one in respect of transmission assets) for the marine licensable activities, being the deposit of substances and articles and the carrying out of works, involved in the construction of the generating station and associated development. The deemed marine licences impose conditions in connection with the deposits and works for which they grants 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 Morecambe Library, Central Drive, Morecambe, Lancashire, LA4 5DL.

Footnotes

[^f00001]: S.I. 2009/2264, as amended by the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522). There are other amendments to the Regulations which are not relevant to this Order.

[^f00002]: 2008 c. 29. Parts 1 to 7 were amended by Part 6 of Chapter 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20). Section 149A was inserted by paragraph 4 in Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23). Sections 127, 131, 132 and 138 were amended by the Growth and Infrastructure Act 2013. Sections 128, 129 and 137 were repealed by the Growth and Infrastructure Act 2013.

[^f00003]: S.I. 2010/103, as amended by S.I. 2012/635.

[^f00004]: 1961 c. 33. Part 1 of the Act was amended by Schedule 1, paragraph 38 of the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009/1307. There are other amendments to the 1961 Act which are not relevant to this Order.

[^f00005]: 1965 c. 56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71). Section 5 was amended by sections 67 and 80 of, and Part 2 of Schedule 18 to, the Planning and Compensation Act 1991 (c. 34). Section 11(1) and sections 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No.1). Section 12 was amended by section 56(2) of, and Part 1 to Schedule 9 to, the Courts Act 1971 (c. 23). Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c. 39). Section 31 was also amended by section 70 of, and paragraph 19 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34) and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No.1). There are other amendments to the 1965 Act which are not relevant to this Order.

[^f00006]: 1980 c. 66. Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 (c. 22); section 1(2), (3) and (4) was amended by section 8 of, and paragraph 1 of Schedule 4 to, the Local Government Act 1985 (c. 51); section 1(2A) was inserted by, and section 1(3) was amended by, section 259 (1), (2) and (3) of the Greater London Authority Act 1999 (c. 29); sections 1(3A) and 1(5) was inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c. 19). Section 36(2) was amended by section 4(1) of, and paragraph 47 (a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1985 (c. 71), by S.I. 2006/1177, by section 4 of and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11), by section 64(1) (2) and (3) of the Transport and Works Act 1992 (c. 42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c. 37); section 36(3A) was inserted by section 64(4) of the Transport and Works Act 1992 and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985 (c. 51); and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994 (c. 19). Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c. 15). There are other amendments to the 1980 Act which are not relevant to this Order.

[^f00007]: 1981 c. 66. Sections 2(3), 6(2) and 11(6) were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11). Section 15 was amended by sections 56 and 321(1) of, and Schedules 8 and 16 to, the Housing and Regeneration Act 2008 (c. 17). Paragraph 1 of Schedule 2 was amended by section 76 of, and Part 2 of Schedule 9, to, the Housing Act 1988 (c. 50); section 161(4) of, and Schedule 19 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28); and sections 56 and 321(1) of, and Schedule 8 to, the Housing and Regeneration Act 2008, Paragraph 3 of Schedule 2 was amended by section 76 of, and Schedule 9 to the Housing Act 1988 and section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008, Paragraph 2 of Schedule 3 was repeated by section 277 of, and Schedule 9 to, the Inheritance Tax Act 1984 (c. 51). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00008]: 1990 c. 8. Section 56(4) was amended by section 32 of, and paragraph 10(2) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34). Section 106 was substituted, and section 106A inserted, by section 12(1) of the Planning and Compensation Act 1991. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the 2008 Act. Sections 272 to 274 and section 279 were amended by section 406(1) of, and paragraph 103 of Schedule 17 to, the Communications Act 2003 (c. 21), and section 280 was amended by section 406(1) of, and paragraph 104 of Schedule 17 to, that Act. Functions under sections 272 to 274 were transferred by S.I. 2011/741 and S.I. 2012/2590. Section 282 was amended by S.I. 2009/1307. There are other amendments to the 1990 Act which are not relevant to this Order.

[^f00009]: 1991 c. 22. Section 48(3) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Sections 79(4), 80(4) and 83(4) were amended by section 40 and 47 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00010]: 2004 c. 20. Section 105 was amended by section 69 of the Energy Act 2008 (c. 32).

[^f00011]: 2009 c. 23.

[^f00012]: 2010 c. 29.

[^f00013]: 1982 c. 16.

[^f00014]: 2006 c. 16. Section 1 was amended by section 311(2) and (3) of the Marine and Coastal Access Act 2009.

[^f00015]: 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.

[^f00016]: S.I. 2004/2668.

[^f00017]: 1987 c. 49. There are amendments to the 1987 Act but they are not relevant to this Order.

[^f00019]: S.I. 1997/1160. There are amendments to this Statutory Instrument which are not relevant to this Order.

[^f00020]: 1990 c. 43. There are amendments to this Act which are not relevant to this Order.

[^f00021]: 1974 c. 40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990 (c. 43). There are other amendments to the 1974 Act which are not relevant to this Order.

[^f00022]: 1991 c. 56. Section 6 was amended by sections 36(2) and 101(1) of, and by Schedule 8 to, the Water Act 2003 (c. 37); section 102 was amended by sections 96(1) and 101(2) of, and Part 3 of Schedule 9 to, that Act; section 104 was amended by section 96(4) of the Water Act 2003 and by section 42(3) of the Flood and Water Management Act 2010 (c. 29); section 106 was amended by sections 36(2) and 99 of the Water Act 2003, sections 35, 43(2) and 56(7) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), and section 32 of, and paragraph 16(2) of Schedule 3 to, the Flood and Water Management Act 2010. There are other amendments to this Act which are not relevant to this Order.

[^f00024]: 1964 c. 40. Paragraph 9B was inserted into Schedule 2 by the Transport and Works Act 1992 (c. 42), section 63(1) and Schedule 3, paragraph 9(1) and (5). There are other amendments to the 1964 Act which are not relevant to this Order.

[^f00025]: 2008 c. 29.

[^f00026]: 1857 c. 81. There are amendments to this Act which are not relevant to this Order.

[^f00027]: 1961 c. 33. Sections 2 and 3 were repealed by S.I. 2009/1307.

[^f00028]: 2003 c. 21.

[^f00029]: S.I. 2010/490. There are amendments to these Regulations which are not relevant to this Order.

[^f00030]: 1973 c. 26.

[^f00031]: OJ No L 206, 22.7.1992, p7, last amended by Council Directive 2013/17/EU (OJ No L 158, 10.6.2013, p193).

[^f00032]: S.I. 2002/1355, as amended by S.I. 2011/982. There are amendments to that instrument not relevant to this Order.

[^f00033]: 2003 c. 21. There are amendments to this Act, which are not relevant to this Order.

[^f00035]: 1991 c. 22.

Editorial notes

[^key-46fd2beb8001a6ea352ba6b8a873cadd]: Art. 1 in force at 28.11.2014, see art. 1

[^key-7341e1456571474bdd251b4b9c2dfd17]: Art. 2 in force at 28.11.2014, see art. 1

[^key-0d80553b3e398180e45cc691d30687e0]: Art. 3 in force at 28.11.2014, see art. 1

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