The Hornsea One Offshore Wind Farm Order 2014

Made: 10th December 2014

Coming into force: 31st December 2014

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120, and 149A of the 2008 Act, makes the following Order:

PART 1 — Preliminary

Citation and commencement

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This Order may be cited as the Hornsea One Offshore Wind Farm Order 2014 and comes into force on 31st December 2014.

Interpretation

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• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961[^f00004];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00005];

• “the 1980 Act” means the Highways Act 1980[^f00006];

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00007];

• “the 1989 Act” means the Electricity Act 1989[^f00008];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00009];

• “the 1991 Act” means the New Roads and Street works Act 1991[^f00010];

• “the 2003 Act” means the Electronic Communications Act 2003[^f00011];

• “the 2004 Act” means the Energy Act 2004[^f00012];

• “the 2008 Act” means the Planning Act 2008;

• “the 2009 Act” means the Marine and Coastal Access Act 2009[^f00013];

• “ancillary works” means the ancillary works described in Part 2 of Schedule 1 and other works authorised by the Order, which are not development within the meaning of section 32 of the 2008 Act;

• “authorised development” means development described in Part 1 of Schedule 1 and other development authorised by the Order, which is development within the meaning of section 32 of the 2008 Act;

• “the authorised project” means the authorised development and the ancillary works authorised by this Order;

• “the book of reference” means the book of reference certified by the Secretary of State for the purposes of this Order;

• “commence”, except where otherwise provided for, means commencing any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development other than operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, and remedial work in respect of any contamination or other adverse ground conditions, and “commencement” shall be construed accordingly;

• “deemed marine licence” means a licence set out in any of Schedules 8 to 11, and deemed by article 35 to have been granted under Part 4 of the 2009 Act, by virtue of section 149A of the 2008 Act;

• “electrical circuit” means a number of electrical conductors necessary to transmit electricity between two points within the authorised development; this comprises, in the case of HVAC transmission, three conductors which may be bundled as one cable or (onshore) take the form of three separate cables, and, in the case of HVDC transmission two conductors, which may be attached together or take the form of single cables: the circuit may include one or more auxiliary cables (normally fibre optic cables) for the purpose of control, monitoring, protection or general communications;

• “electrical transmission station” means the onshore HVDC converter station or the HVAC substation required for connecting the electrical circuits to the National Grid;

• “the Environmental Statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;

• “gravity base foundation” means either—a structure principally of concrete and/or steel which rests on the seabed due either to its own weight and that of added ballast or to the weight of water above it, and may include associated equipment including suction piles, J-tubes and access platforms; ora structure principally of concrete and/or steel consisting of a platform supported on two pontoons to which the platform is connected by columns which may be connected by braces;

• “highway” and “highway authority” have the same meaning as in the 1980 Act;

• “horizontal directional drilling” refers to a boring technique involving drilling in an arc between two points;

• “HVAC” means high voltage alternating current;

• “HVDC” means high voltage direct current;

• “the inter- array electrical circuits” means the circuits described in paragraph (b) of Work No.1, paragraph (b) of Work No.2 and paragraph (b) of Work No.3;

• “the intertidal area” means the area between mean high water springs and mean low water springs;

• “jacket foundation” means a lattice construction comprising tubular members and joints which are fixed to the seabed with piles (either driven or drilled piles or suction piles) and which will include platforms and J-tubes and may include braced monopiles and a transition piece;

• “the land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order;

• “the licence conditions” means the conditions set out in respect of each of the deemed marine licences in Part 2 of Schedules 8 to 11 respectively;

• “the limits of deviation” means the limits of deviation for the scheduled works comprised in the authorised development shown on the works plans;

• “the local planning authority” means, in relation to any land or part of the authorised development, the district council or unitary authority for the area in which the land or development is situated;

• “maintain”, includes, to the extent assessed in the Environmental Statement—inspect, repair, adjust and alter; andin respect of any of the ancillary works and any component part of any wind turbine generator, offshore accommodation platform, offshore HVAC collector substation, offshore HVDC converter station, offshore reactive compensation substation or Work No. 10 also includes remove, reconstruct and replace,but does not include the alteration, removal or replacement of foundations; and “maintenance” shall be construed accordingly;

• “MHWS” means the highest level which spring tides reach on average over a period of time;

• “MLWS” means the lowest level which spring tides reach on average over a period of time;

• “the MMO” means the Marine Management Organisation or any successor to its statutory functions;

• “mode of transmission” means whichever of the HVAC or HVDC technologies is chosen by the undertaker as the means of transmitting electricity by cable for the purposes of the authorised project;

• “monopile foundation” comprises a large diameter steel or concrete tube or pile driven vertically into the seabed, J-tubes and platforms and may include external structural devices such as bracing members or steel anchor wires and a transition piece;

• “offshore accommodation platform” means a platform housing or incorporating temporary accommodation, landing ports for vessels and/or helicopters, standby electricity generation equipment, marking and lighting and other equipment facilities to assist in the co-ordination of marine activities related to the authorised development;

• “offshore HVAC collector substation” means a structure serving as a collection point for the inter-array electrical circuits and containing equipment with the purpose of transforming the electricity generated at the wind turbines to a higher voltage; it may also include a helicopter platform;

• “offshore HVDC converter station” means a structure which contains equipment to convert HVAC electricity to HVDC electricity; it may also include a helicopter platform;

• “offshore reactive compensation substation” means a structure housing electrical reactors for the purpose of limiting electrical losses in the course of HVAC transmission by providing reactive compensation; it may also include a helicopter platform;

• “the offshore works plans” means the part of the works plans described as the offshore works plans;

• “the onshore works plans” means the part of the works plans described as the onshore works plans;

• “the Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference;

• “the Order limits” means the limits shown on the works plans within which the authorised project may be carried out;

• “requirements” means those matters set out in Part 3 (requirements) of Schedule 1 to this Order;

• “scheduled works” means the numbered works specified in Part 1 of Schedule 1 to this Order, or any part of them;

• “street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

• “street authority” in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

• “suction pile” means a large diameter steel cylinder which is fixed to the base of the foundation and partially penetrates the seabed and remains in place using its weight and hydrostatic pressure differential;

• “the tribunal” means the Lands Chamber of the Upper Tribunal;

• “Trinity House” means the Corporation of Trinity House of Deptford Strond;

• “undertaker” is to be construed in accordance with article 3;

• “vessel” means every description of vessel, however propelled or moved, and includes a nondisplacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;

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

• “Wind Farm Area 1” means the area within the limits of deviation for Work No. 1 of which the co-ordinates are specified in Part 1 of Schedule 1;

• “Wind Farm Area 2” means the area within the limits of deviation for Work No. 2 of which the co-ordinates are specified in Part 1 of Schedule 1;

• “Wind Farm Area 3” means the area within the limits of deviation for Work No. 3 of which the co-ordinates are specified in Part 1 of Schedule 1;

• “wind turbine generator” means a structure comprising a tower, rotor with horizontal axis blades connected at the hub, nacelle containing mechanical and electrical equipment, ancillary equipment including access ladders and platforms, lifts, cables, corrosion protection systems, maintenance equipment, helihoist facilities and other associated equipment, which may include lighting and a helicopter platform, fixed to a foundation; and

• “the works plans” means the plans certified as the works plans by the Secretary of State for the purposes of this Order divided into three parts and described as the offshore works plans, the intertidal works plans and the onshore works plans.

• (2) All distances, directions and lengths referred to in this Order are approximate, save in respect of the parameters referred to in requirements 2 and 4 in Part 3 of Schedule 1 and licence conditions 1 to 5 in Part 2 of each of Schedules 8 to 11 (deemed marine licences), and distances between parts of a work comprised in the authorised development are taken to be measured along that work.

• (3) References in this Order to points identified by letters, with or without numbers, are to be construed as references to points so lettered on the works plans.

• (4) References in this Order to numbered works, except in Schedules 8 to 11, are references to the scheduled works as numbered in Part 1 of Schedule 1.

• (5) Unless otherwise indicated—

• (a) all offshore co-ordinates shall be taken to be latitude and longitude degrees, minutes and seconds to three decimal places in WGS84 Datum; and

• (b) all onshore co-ordinates shall be taken to be Eastings and Northings in OSGB36 Datum, British National Grid Projection.

• (6) References in this Order to rights over land include references to rights to do or to place and maintain anything in, on or under land or in the airspace above its surface.

PART 2 — Principal powers

Development consent granted by the Order

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• (1) Subject to the provisions of this Order and the requirements, development consent is granted to the following persons in respect of the scheduled works, along with associated development and ancillary works related to those works—

• (a) to Njord Limited to construct, maintain and operate Work No.2;

• (b) to Vi Aura Limited to construct, maintain and operate Work No.3; and

• (c) to Heron Wind Limited to carry out all other works comprising the authorised development,

such development, associated development and ancillary works to be carried out within the Order limits, and Schedule 1 (authorised project) has effect.

• (2) Each of the scheduled works must be constructed and maintained within the limits of deviation for that work.

• (3) In carrying out any of the scheduled works the undertaker may deviate from the situations shown on the works plans and described in Schedule 1 to the extent of the limits of deviation.

• (4) The grant of development consent under paragraph (1)(b) is subject to paragraph 3 of Part 1 of Schedule 1 (Work No. 3 not to be constructed if Work Nos. 1 or 2 include more than 80 wind turbine generators).

• (5) Any reference in this Order to the “undertaker” means Heron Wind Limited except that—

• (a) insofar as relevant to Work No. 2 and related associated development or ancillary works, “undertaker” means Njord Limited;

• (b) insofar as relevant to Work No.3 and related associated development or ancillary works, “undertaker” means Vi Aura Limited; and

• (c) “undertaker” means two or more of Heron Wind Limited, Njord Limited or Vi Aura Limited, where this is necessary for the fulfilment of the obligations in this Order.

Maintenance of authorised project

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Subject to the other terms of this Order, the undertaker may at any time maintain the authorised project, except to the extent that this Order or an agreement made under this Order, provides otherwise.

Operation of electricity generating stations

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• (1) The undertaker is hereby authorised to operate the electricity generating stations comprised in the authorised development.

• (2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required to authorise the operation of an electricity generating station.

PART 3 — Streets

Street works

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• (1) The undertaker may, for the purposes of the authorised project, enter on so much of any of the streets specified in Schedule 2 (streets subject to street works) as is within the Order limits and may—

• (a) break up or open the street, or any sewer, drain or tunnel under it;

• (b) tunnel or bore under the street;

• (c) place apparatus in the street;

• (d) maintain apparatus in the street or change its position; and

• (e) execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b), (c) and (d).

• (2) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.

Application of the 1991 Act

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• (1) The provisions of the 1991 Act mentioned in paragraph (2) which, together with other provisions of that Act, apply in relation to the carrying out of street works and any regulations made or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to the temporary stopping up, temporary alteration or temporary diversion of a street by the undertaker under the powers conferred by article 8 (temporary stopping up of streets) and the carrying out of works under article 6 (street works) whether or not the stopping up, alteration or diversion, or the carrying out of such works, constitutes street works within the meaning of that Act.

• (2) The provisions of the 1991 Act referred to in paragraph (1) are—

• section 54 (advance notice of certain works), subject to paragraph (3);

• section 55 (notice of starting date of works), subject to paragraph (3);

• section 57 (notice of emergency works);

• section 59 (general duty of street authority to co-ordinate works);

• section 60 (general duty of undertakers to co-operate);

• section 68 (facilities to be afforded to street authority);

• section 69 (works likely to affect other apparatus in the street);

• section 76 (liability for cost of temporary traffic regulation);

• section 77 (liability for cost of use of alternative route); and

all such provisions as apply for the purposes of the provisions mentioned above.

• (3) Sections 54 and 55 of the 1991 Act as applied by paragraph (1) have effect as if references in section 57 of that Act to emergency included a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

Temporary stopping up of streets

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• (1) The undertaker, during and for the purposes of carrying out the authorised project, may temporarily stop up, alter or divert any street and may for any reasonable time—

• (a) divert the traffic from the street; and

• (b) subject to paragraph (3), prevent all persons from passing along the street.

• (2) Without limitation on the scope of paragraph (1), the undertaker may use any street temporarily stopped up under the powers conferred by this article within the Order limits as a temporary working site.

• (3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

• (4) Without limitation on the scope of paragraph (1), the undertaker may temporarily stop up, alter or divert the streets specified in columns (1) and (2) of Schedule 3 (streets to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the works plans, in column (3) of that Schedule.

• (5) The undertaker must not temporarily stop up, alter, divert or use as a temporary working site—

• (a) any street specified as mentioned in paragraph (4) without first consulting the street authority; and