The Hornsea Two Offshore Wind Farm Order 2016

(1) Area	(2) Description of Access
District of East Lindsey	Between point A1 (north side of Sheep Marsh Lane) shown on sheet 1 of the onshore works plans and Work Nos. 5A, 5B, 6A, 6B, 7A and 7B
District of East Lindsey	Between point A2 (unnamed highway north of Sheep Marsh Lane providing access to Poplar Piggeries) shown on sheet 2 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A3 (north side of North Coates Road) shown on sheet 3 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A4 (south side of North Coates Road) shown on sheet 4 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A5 (north side of unnamed highway east of New Delights access) shown on sheet 4 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A51 (north side of Tetney Lock Road east of New Delights access) shown on sheet 4 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A52 (north side of unnamed highway east of New Delights access) shown on sheet 4 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A53 (north side of unnamed highway east of New Delights access) shown on sheet 4 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A6 (north side of Tetney Lock Road west of Cow Marsh Lane) shown on sheet 5 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A7 (south side of unnamed highway east of New Delights access) shown on sheet 5 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A8 (north side of unnamed highway east of New Delights access) shown on sheet 5 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A9 (north side of Tetney Lock Road east of Humberston Road) shown on sheet 5 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A10 (west side of Holton Road) shown on sheet 6 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A11 (south side of Holton Road) shown on sheet 6 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A12 (north side of Station Road) shown on sheet 7 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A13 (north side of Station Road to the west of the dismantled railway line) shown on sheet 7 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A14 (north side of Station Road) shown on sheet 7 of the onshore works plans and Work Nos. 7A and 7B
District of East Lindsey	Between point A15 (west side of A16) shown on sheet 8 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A16 (west side of B1203, Waltham Road) shown on sheet 9 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A56 (east side of B1203, Waltham Road) shown on sheet 9 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A17 (south side of C148 Waltham Road) shown on sheet 10 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A18 (north side of C148 Waltham Road) shown on sheet 10 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A20 (west side of Bradley Road north of Waltham) shown on sheet 11 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A21 (west side of Bradley Road south of Netherwood Farm access point) shown on sheet 12 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A22 (west side of Bradley Road Netherwood Farm south access point) shown on sheet 12 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A23 (south-east side of A46 east of Laceby) shown on sheet 14 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A24 (north-west side of A46 east of Laceby) shown on sheet 14 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A25 (south-east side of Aylesby Road) shown on sheet 15 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A26 (north side of Beach Holt Lane/Nooking Lane west of Aylesby) shown on sheet 16 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A57 (north side of Nooking Lane west of Aylesby) shown on sheet 16 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A27 (south-east side of Wells Road) shown on sheet 17 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A28 (north-west side of Wells Road) shown on sheet 17 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A29 (east side of A1173) shown on sheet 18 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A30 (north-west side of A1173 at Stallingborough Grange Farm) shown on sheet 18 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A31 (south-east side of Keelby Road, north of Wood View) shown on sheet 19 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A32 (north-west side of Keelby Road north of Wood View) shown on sheet 19 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A33 (north-west side of Keelby Road north of Wood View) shown on sheet 19 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A34 (south-east side of Roxton Road south of railway) shown on sheet 20 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A35 (east side of Roxton Road north of railway) shown on sheet 20 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A36 (west side of Roxton Road north of railway) shown on sheet 20 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A39 (south-east side of B1210 Station Road south of A180) shown on sheet 22 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A40 (south side of B1210 Immingham Road) shown on sheet 23 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A41 (north side of B1210 Immingham Road) shown on sheet 23 of the onshore works plans and Work Nos. 7A and 7B
North East Lincolnshire	Between point A42 (east side of Killingholme Road/Habrough Road, opposite Hill Farm) shown on sheet 23 of the onshore works plans and Work Nos. 7A and 7B
North Lincolnshire	Between point A43 (north side of Faulding Lane) shown on sheet 24 of the onshore works plans and Work Nos. 7A and 7B
North Lincolnshire	Between point A54 (west side of Habrough Road south of A160) shown on sheet 24 of the onshore works plans and Work Nos. 7A and 7B
North Lincolnshire	Between point A55 (east side of Habrough Road) shown on sheet 24 of the onshore works plans and Work Nos. 7A and 7B
North Lincolnshire	Between point A44 (residential access road north of A160, west of A160/Habrough Road roundabout) shown on sheet 24 of the onshore works plans and Work Nos. 7A and 7B
North Lincolnshire	Between point A45 (north-east side of Top Road) shown on sheet 25 of the onshore works plans and Work Nos. 7A and 7B
North Lincolnshire	Between point A46 (south side of Church Lane) shown on sheet 25 of the onshore works plans and Work Nos. 7A and 7B
North Lincolnshire	Between point A47 (north side of Church Lane) shown on sheet 25 of the onshore works plans and Work Nos. 7A and 7B
North Lincolnshire	Between point A48 (south side of Chase Hill Road west of Eastfield Road) shown on sheet 26 of the onshore works plans and Work Nos. 7A and 7B
North Lincolnshire	Between point A49 (north side of Chase Hill Road west of Eastfield Road) shown on sheet 26 of the onshore works plans and Work Nos. 7A and 7B
North Lincolnshire	Between point A50 (Brick Lane, north side of Chase Hill Road) shown on sheet 26 of the onshore works plans and Work Nos. 7A and 7B

SCHEDULE 5 — Land in which only new rights, etc. may be acquired

(1) Number of land shown on land plans	(2) Purpose for which rights may be acquired
1, 2, 3, 4, 19, 20, 21, 22, 23, 24, 26, 27, 28	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within an up to 320-metre corridor within the Order land and to obtain access for such purposes
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 25, 29, 30, 31, 32	To ground and lay anchor for vessels within the Order land
509, 510	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within the Order land and to obtain access for such purposes
33, 511	To install, maintain and use an access track and to obtain access for such purposes
35	To install, retain, maintain and operate transition jointing bays for the connection of offshore cable circuits to onshore cable circuits and apparatus (and to impose requirements for their protection) within an up to 150-metre corridor within the Order land and to obtain access for such purposes
37, 38, 39, 67, 68, 69, 79, 80, 81, 83, 84, 85, 86, 87, 88, 92, 96, 97, 98, 99, 107, 113, 119, 123, 131, 132, 134, 135, 139, 140, 141, 147, 148, 149, 150, 151, 152, 153, 155, 161, 168, 169, 173, 175, 180, 183, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 211, 215, 216, 217, 218, 219, 220, 221, 222, 223, 228, 232, 234, 248, 249, 250, 251, 252, 255, 256, 261, 262, 268, 275, 281, 282, 285, 289, 291, 293, 294, 295, 296, 297, 298, 299, 300, 307, 308, 309, 310, 311, 312, 313, 314, 317, 325, 327, 332, 333, 334, 338, 339, 342, 347, 352, 360, 361, 364, 365, 394, 403, 404, 411, 420, 421, 424, 426, 429, 430, 431, 432, 433, 434, 438, 439, 440, 445, 448, 449, 450, 451, 452, 453, 454, 459, 460, 461, 465, 466, 468, 471, 472, 476, 482, 486, 487, 488, 489, 490, 491, 492, 497, 499, 503	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within an up to 30-metre corridor within the Order land and to obtain access for such purposes
45, 46, 47, 48, 49	To install, maintain and use an access track and to obtain access for the purposes only of maintaining and operating the authorised project
273	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within an up to 30-metre corridor within the Order land and to obtain access for such purposes but not extending to breaking open the surface of the Order land
388, 437	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within an up to 30-metre corridor within the Order land
507, 519	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within the Order land and to install, maintain and use an access track and to obtain access for such purposes
512, 521	To install, retain, maintain and operate services (and to impose requirements for their protection) within the Order land and to install, maintain and use an access road and to obtain access for such purposes

SCHEDULE 6 — Modification of compensation and compulsory purchase enactments for creation of new rights, etc.

Compensation enactments modified

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right and in the case of the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

Land Compensation Act 1973 modified

2

• (1) Without limiting paragraph 1, the Land Compensation Act 1973⁴⁵ has effect subject to the modifications set out in sub-paragraphs (2) and (3).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4,—

• (a) for “land is acquired or taken from”, substitute “a right or restrictive covenant over land is purchased from or imposed on the land of”; and

• (b) for “acquired or taken from him”, substitute “over which the right is exercisable or the restrictive covenant enforceable”.

• (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5,—

• (a) for “part” in paragraphs (a) and (b), substitute “a right over or restrictive covenant affecting land consisting”;

• (b) for “severance”, substitute “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;

• (c) for “part proposed”, substitute “right or restrictive covenant proposed”; and

• (d) for “part is”, substitute “right or restrictive covenant is”.

Compulsory Purchase Act 1965 modified

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land must be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired or the restrictive covenant imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable or the restrictive covenant is or is to be enforceable.

• (2) Without limiting sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right, or in relation to the imposition of a restrictive covenant, with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation in case of severance), substitute the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained thereby by the owner of the land in relation to other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (other provisions as to divided land), substitute the following section—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over, or a restrictive covenant affecting, land consisting of a house, building or manufactory or of a park or garden belonging to a house (the “relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (the “tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, the Hornsea Two Offshore Wind Farm Order 2016 (the “Order”), in relation to that person, ceases to authorise the purchase of the right or the imposition of a restrictive covenant and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) must be determined by the tribunal. (3) Where, in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1), the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (refusal to convey, failure to make title, etc.);

• (b) paragraph 10(3) of Schedule 1 (persons without power to sell their interests);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land that are expressed to be overridden by the deed, the right that is to be compulsorily acquired or the restrictive covenant that is to be imposed is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act⁴⁶ are modified correspondingly.

8

Section 20 of the 1965 Act⁴⁷ (tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

SCHEDULE 7 — Land of which temporary possession may be taken

PART 1 — Authorised project

(1) Area	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of authorised project
In the County of Lincolnshire, East Lindsey District	36	Worksite and access for the construction and carrying out of the authorised project	Work Nos. 5A, 5B, 6A, 6B, 7A and 7B
In the County of Lincolnshire, East Lindsey District	40, 41, 43, 44, 70, 71, 77, 93, 94, 100, 101, 102, 103, 104, 105, 106, 108, 109, 118, 124, 125, 126, 130, 137, 138, 154, 157, 158, 179, 184, 185	Worksite and access for the construction and carrying out of the authorised project	Work Nos. 7A and 7B
In the County of Lincolnshire, East Lindsey District	34, 50, 53, 54, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 73, 74, 76, 78, 89, 90, 91, 110, 111, 112, 114, 115, 116, 117, 120, 121, 122, 127, 128, 129, 142, 143, 156, 159, 160, 162, 164, 165, 166, 167, 170, 171, 177, 178, 181, 182	Laying and use of temporary vehicular access track	Work Nos. 7A and 7B
In the County of Lincolnshire, East Lindsey District	172, 174, 176	Laying of temporary public footpaths and bridleways	Work Nos. 7A and 7B
In the County of North East Lincolnshire	213, 214, 224, 226, 229, 230, 245, 246, 247, 257, 258, 259, 277, 278, 280, 283, 284, 287, 288, 301, 302, 318, 319, 322, 324, 330, 331, 335, 336, 345, 346, 350, 351, 353, 356, 359, 362, 363, 372, 374, 392, 393, 395, 397, 401, 402, 405, 406, 407, 408, 412, 414, 419	Worksite and access for the construction and carrying out of the authorised project	Work Nos. 7A and 7B
In the County of North East Lincolnshire	209, 210, 212, 231, 239, 241, 242, 264, 265, 266, 267, 269, 270, 271, 272, 274, 315, 316, 320, 337, 340, 341, 343, 355, 368, 370, 371, 375, 376, 377, 379, 381, 416, 418	Laying and use of temporary vehicular access track	Work Nos. 7A and 7B
In the County of North East Lincolnshire	244, 290, 292, 326, 329	Laying of temporary public footpaths and bridleways	Work Nos. 7A and 7B
In the County of North Lincolnshire	422, 423, 425, 427, 435, 436, 441, 442, 443, 444, 446, 455, 456, 458, 462, 463, 467, 469, 470, 473, 474, 477, 478, 479, 483, 484, 493, 496, 498	Worksite and access for the construction and carrying out of the authorised project	Work Nos. 7A and 7B
In the County of North Lincolnshire	513, 514, 515, 520, 522	Laying and use of temporary vehicular access track	Work Nos. 8A, 8B, 9A, 9B and 10
In the County of North Lincolnshire	502, 504, 505	Worksite and access for the construction and carrying out of the authorised project	Work Nos. 7A, 7B, 8A, 8B, 9A and 9B
In the County of North Lincolnshire	508, 517, 518	Worksite and access for the construction and carrying out of the authorised project	Work Nos. 8A, 8B, 9A and 9B

PART 2 — Compensation compounds

(1) Area	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken
In the County of Lincolnshire, East Lindsey District	72, 95, 136, 186	Compensation compound in respect of worksite and access
In the County of Lincolnshire, East Lindsey District	73, 185	Compensation compound access in respect of vehicular access track to and from a compensation compound
In the County of North East Lincolnshire	225, 233, 235, 243, 260, 276, 279, 286, 321, 328, 344, 348, 349, 354, 373, 396, 398, 409, 410, 413	Compensation compound in respect of worksite and access
In the County of North East Lincolnshire	239, 241, 242, 263, 293, 294, 296, 297, 355, 399, 400	Compensation compound access in respect of vehicular access track to and from a compensation compound
In the County of North Lincolnshire	428, 447, 457, 464, 475, 485, 494, 495, 501	Compensation compound in respect of worksite and access

PART 3 — Authorised project: access

(1) Area	(2) Number of land shown on land plans
In the County of Lincolnshire, East Lindsey District	42, 51, 52, 55, 75, 82, 133, 144, 145, 146, 163
In the County of North East Lincolnshire	236, 237, 238, 240, 253, 254, 303, 304, 305, 306, 323, 357, 358, 366, 367, 369, 378, 380, 415, 417
In the County of North Lincolnshire	480, 481, 516

PART 4 — Compensation compounds: access

(1) Area	(2) Number of land shown on land plans
In the County of North East Lincolnshire	240

SCHEDULE 8 — Marine Licence A1: Project A – Generation Assets

PART 1 — Licensed activities

Interpretation

1

• (1) In this licence—

• “2008 Act” means the Planning Act 2008;

• “2009 Act” means the Marine and Coastal Access Act 2009;

• “ancillary works” means the ancillary works described in clause 2 of Part 1 of this licence that are not development within the meaning of section 32 of the 2008 Act;

• “Annex 1 habitat” means a habitat set out in Annex 1 to Council Directive 92/43/EEC of 21st May 1992 on the conservation of natural habitats and of wild fauna and flora;

• “authorised deposits” means the substances and articles specified in clause 2(3) of Part 1 of this licence;

• “authorised development” means the development described in Part 1 of Schedule 1 to the Order that is development within the meaning of section 32 of the 2008 Act;

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

• “authorised scheme” means Work No. 1A described in clause 2 of Part 1 of this licence;

• “commence” means the first carrying out of any part of the licensed activities, except for pre-construction surveys and monitoring; and “commencement” must be construed accordingly;

• “Condition” means a condition set out in Part 2 of this licence;

• “construction vessel” means any vessel involved in the course of or used for the construction and/or maintenance of the authorised project;

• “debris” means items or equipment of a significant size left on the seabed being lost from survey or construction vessels or the structures comprised within the authorised scheme;

• “EIA Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009;

• “electrical circuit” means a number of electrical conductors necessary to transmit electricity between 2 points within the authorised project, comprising—in the case of HVAC transmission, 3 conductors which may be bundled as 1 cable; andin the case of HVDC transmission 2 conductors, which may be attached together or take the form of single cables,and the electrical circuit may include 1 or more auxiliary cables (normally fibre-optic cables) for the purpose of control, monitoring, protection or general communications;

• “enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of Part 4 of the 2009 Act;

• “environmental statement” means the document certified as the environmental statement by the Secretary of State under article 40 of the Order;

• “gravity base foundation” means—a structure principally of concrete or steel (or both) that rests on the seabed due 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 or steel (or both) consisting of a platform supported on 2 pontoons to which the platform is connected by columns which may be connected by braces;

• “HVAC” means high voltage alternating current;

• “HVDC” means high voltage direct current;

• “in-principle monitoring plan” means the document certified as the in-principle monitoring plan by the Secretary of State under article 40 of the Order;

• “intra-array electrical circuits” means the circuits described in clause 2(2)(b) of Part 1 of this licence;

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

• “Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO;

• “LAT” means lowest astronomical tide;

• “licensed activities” means the activities specified in Part 1 of this licence;

• “maintain”, unless otherwise provided for, includes inspect, repair, adjust, alter, remove, reconstruct and replace any of the authorised development; and any derivative of “maintain” must be construed accordingly;

• “Marine Noise Registry” means the online database maintained by the Joint Nature Conservation Committee on behalf of the Department for Environment, Food and Rural Affairs that records the spatial and temporal distribution of impulsive noise-generating activities in United Kingdom seas in order that they can be analysed to determine whether they may potentially compromise the achievement of good environmental status;

• “MCA” means the Maritime and Coastguard Agency;

• “MHWS” (mean high water springs) means the highest level which spring tides reach on average over a period of time;

• “MMO” means the Marine Management Organisation;

• “monopile foundation” means a foundation comprising 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;

• “notice to mariners” includes any notice to mariners which may be issued by Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;

• “offshore accommodation platform” means a platform housing or incorporating temporary accommodation, landing ports for vessels and 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 scheme;

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

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

• “Order” means the Hornsea Two Offshore Wind Farm Order 2016;

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

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

• “survey vessel” means a vessel licensed to carry out environmental or engineering surveys;

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

• “UK Hydrographic Office” means the Hydrographic Office of the Ministry of Defence or any replacement body or successor to its functions;

• “undertaker” means Optimus Wind Limited (company number 07883284) or, to the extent that the benefit of the provisions of the Order and related statutory rights in relation to Work No. 1A and such associated development or ancillary works has been transferred under article 35 of the Order to another person, that other person;

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

• “wind farm area” means the area within the limits of deviation for Work No. 1A whose co-ordinates are set out in Part 1 of Schedule 1 to the Order and shown on the works plans;

• “wind turbine generator” means a structure comprising any or all of a tower, rotor, blades, nacelle and ancillary electrical and other equipment or structures, which may include lighting and a helicopter platform, fixed to a foundation;

• “working day” means any day other than a Saturday, Sunday or public holiday in England and Wales;

• “Work No. 1A” means an offshore wind generating station within the wind farm area and described as Work No. 1A in clause 2 of Part 1 of this licence;

• “Work No. 1B” means an offshore wind generating station within the wind farm area and described as Work No. 1B in Part 1 of Schedule 1 to the Order;

• “Work No. 2A” means up to 6 offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter substations together with a network of electrical circuits connecting the structures within Work Nos. 2A and 2B;

• “Work No. 2B” means up to 6 offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter substations together with a network of electrical circuits connecting the structures within Work Nos. 2A and 2B;

• “works plans” means the plans certified as the works plans by the Secretary of State under article 40 of the Order, comprising the offshore works plans, the intertidal works plans and the onshore works plans.

• (2) A reference to any statute, order, regulation or similar instrument must 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 are Greenwich Mean Time (GMT);

• (b) all co-ordinates are latitude and longitude degrees, minutes and seconds to 3 decimal places in WGS84 Datum.

• (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 is—

• (a) Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YH

Tel: 0300 123 1032

E-mail: marine.consents@marinemanagement.org.uk

• (b) Marine Management Organisation (referred to as the “MMO Coastal Office”)

Neville House

Central Riverside

Bell Street

North Shields

Tyne and Wear NE30 1LJ

Tel (24-hour answer phone): 0191 257 4520 or 0191 257 0159

E-mail: northshields@marinemanagement.org.uk

• (c) Trinity House

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900

• (d) The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: 01823 337 900

• (e) Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton SO15 1EG

Tel: 023 8032 9191

• (f) Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk NR33 0HT

Tel: 01502 562 244

• (g) Natural England

Foss House

Kings Pool

1-2 Peasholme Green

York YO1 7PX

Tel: 0300 060 1911

• (h) Historic Buildings and Monuments Commission for England (referred to as “Historic England”)

Eastgate Court

195-205 High Street

Guildford GU1 3EH

Tel: 01483 252 057.

Details of licensed activities

2

• (1) This licence authorises the undertaker (and any agent or contractor acting on its behalf) to carry out the following licensable marine activities pursuant to section 66(1) of the 2009 Act, subject to the Conditions—

• (a) the deposit at sea of the substances and articles specified in paragraph (3);

• (b) the construction of works in or over the sea and/or on or under the sea bed;

• (c) dredging for the purposes of seabed preparation for foundation works and/or electrical circuit works;

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

• (e) the disposal at disposal site reference HU211 of up to 2,427,666 cubic metres comprising inert material of natural origin produced during construction drilling and seabed preparation for foundation works and/or dredged material produced during seabed preparation for foundation works comprised in Work No. 1A, provided that the combined total volume of inert material of natural origin produced during construction drilling and seabed preparation for foundation works and/or dredged material produced during seabed preparation for foundation works comprised in Work Nos. 1A and 1B disposed of at disposal site reference HU211 must not exceed 2,427,666 cubic metres;

• (f) the disposal at disposal site reference HU211 of up to 400,852 cubic metres comprising inert material of natural origin and/or dredged material produced during cable laying preparation works comprised in Work No. 1A, provided that the combined total volume of inert material of natural origin and/or dredged material produced during cable laying preparation works comprised in Work Nos. 1A and 1B disposed of at disposal site reference HU211 must not exceed 400,852 cubic metres; and

• (g) the removal of the substances and articles specified in paragraph (3).

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

Work No. 1A — An offshore wind generating station within the wind farm area comprising—

• (a) up to 300 wind turbine generators fixed to the seabed, provided that the combined total of wind turbine generators constructed in whole or in part within Work Nos. 1A and 1B must not exceed 300;

• (b) a network of subsea intra-array electrical circuits connecting the structures comprised in Work No. 1A—

• (i) with other such structures;

• (ii) with any other structure located within the wind farm area; and

• (iii) with the network of electrical circuits comprised in Work Nos. 1B, 2A and 2B;

• (c) up to 2 offshore accommodation platforms fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter substations within Work No. 2A by an unsupported steel bridge and up to 2 electrical circuits each connecting an accommodation platform to either an offshore HVAC collector substation or to a wind turbine generator in order to power the accommodation platform, provided that the combined total of offshore accommodation platforms constructed in whole or in part within Work Nos. 1A and 1B must not exceed 2.

Co-ordinates for wind farm area (limits of deviation for Work Nos. 1A, 1B, 2A and 2B)—

Point	Latitude	Longitude
1	54° 0′ 31.626″ N	1° 26′ 19.993″ E
2	54° 0′ 18.479″ N	1° 38′ 37.320″ E
3	54° 0′ 15.768″ N	1° 40′ 21.864″ E
4	53° 59′ 36.924″ N	2° 3′ 45.936″ E
5	53° 57′ 24.509″ N	2° 6′ 6.700″ E
6	53° 57′ 12.481″ N	2° 4′ 32.376″ E
7	53° 56′ 46.586″ N	2° 5′ 4.031″ E
8	53° 56′ 16.303″ N	2° 1′ 15.269″ E
9	53° 55′ 22.663″ N	2° 2′ 14.219″ E
10	53° 55′ 2.525″ N	1° 59′ 45.776″ E
11	53° 55′ 35.429″ N	1° 59′ 20.944″ E
12	53° 55′ 8.162″ N	1° 56′ 10.619″ E
13	53° 55′ 23.329″ N	1° 55′ 20.262″ E
14	53° 55′ 37.592″ N	1° 53′ 38.108″ E
15	53° 55′ 31.318″ N	1° 52′ 54.282″ E
16	53° 56′ 22.870″ N	1° 51′ 57.409″ E
17	53° 55′ 46.445″ N	1° 47′ 47.796″ E
18	53° 58′ 42.179″ N	1° 44′ 31.880″ E
19	53° 58′ 17.828″ N	1° 41′ 46.795″ E
20	53° 56′ 29.670″ N	1° 43′ 45.592″ E
21	53° 56′ 3.228″ N	1° 41′ 0.143″ E
22	53° 55′ 9.293″ N	1° 39′ 52.024″ E
23	53° 50′ 5.118″ N	1° 38′ 58.430″ E
24	53° 50′ 7.210″ N	1° 26′ 59.953″ E

And in connection with Work No. 1A, further associated development as may be necessary or expedient in connection with the authorised scheme within the Order limits and is within the scope of the environmental impact assessment recorded in the environmental statement.

And in connection with Work No. 1A, ancillary works consisting of works and operations within the Order limits comprising temporary anchorage of vessels and buoys, beacons, fenders and other navigational warning or ship impact protection works.

• (3) The substances or articles authorised for deposit at sea and removal are—

• (a) iron and steel;

• (b) stone and rock;

• (c) concrete;

• (d) sand and gravel;

• (e) plastic and synthetic; and

• (f) material extracted from within the wind farm area during construction drilling and seabed preparation for foundation works.

• (4) The grid co-ordinates for disposal site reference HU211 are—

Point	Latitude	Longitude
1	54° 0′ 31.626″ N	1° 26′ 19.993″ E
2	54° 0′ 18.479″ N	1° 38′ 37.320″ E
3	54° 0′ 15.768″ N	1° 40′ 21.864″ E
4	53° 59′ 36.924″ N	2° 3′ 45.936″ E
5	53° 57′ 24.509″ N	2° 6′ 6.700″ E
6	53° 57′ 12.481″ N	2° 4′ 32.376″ E
7	53° 56′ 46.586″ N	2° 5′ 4.031″ E
8	53° 56′ 16.303″ N	2° 1′ 15.269″ E
9	53° 55′ 22.663″ N	2° 2′ 14.219″ E
10	53° 55′ 2.525″ N	1° 59′ 45.776″ E
11	53° 55′ 35.429″ N	1° 59′ 20.944″ E
12	53° 55′ 8.162″ N	1° 56′ 10.619″ E
13	53° 55′ 23.329″ N	1° 55′ 20.262″ E
14	53° 55′ 37.592″ N	1° 53′ 38.108″ E
15	53° 55′ 31.318″ N	1° 52′ 54.282″ E
16	53° 56′ 22.870″ N	1° 51′ 57.409″ E
17	53° 55′ 46.445″ N	1° 47′ 47.796″ E
18	53° 58′ 42.179″ N	1° 44′ 31.880″ E
19	53° 58′ 17.828″ N	1° 41′ 46.795″ E
20	53° 56′ 29.670″ N	1° 43′ 45.592″ E
21	53° 56′ 3.228″ N	1° 41′ 0.143″ E
22	53° 55′ 9.293″ N	1° 39′ 52.024″ E
23	53° 50′ 5.118″ N	1° 38′ 58.430″ E
24	53° 50′ 7.210″ N	1° 26′ 59.953″ E

• (5) Section 72 of the 2009 Act applies to this licence, except that subsections (7) and (8) relating to the transfer of the licence apply only to a transfer not falling within article 35 of the Order.

Maintenance of authorised project

3

• (1) The undertaker may at any time maintain the authorised project, except to the extent that this licence or an agreement made under this licence provides otherwise.

• (2) No maintenance works whose likely effects on the environment require to be assessed in accordance with the EIA Regulations and are not assessed in the environmental statement may be carried out, unless otherwise approved by the MMO.

• (3) Where the MMO’s approval is required under paragraph (2), approval may be given only where it has been demonstrated to the satisfaction of the MMO that the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Duration

4

This licence remains in force until the authorised scheme has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 of the Energy Act 2004, including any modification to the programme under section 108⁴⁸, and the completion of the programme has been confirmed by the Secretary of State in writing.

PART 2 — Licence conditions

Design parameters

1

• (1) No wind turbine generator forming part of Work No. 1A may—

• (a) be more than 151 metres from LAT to the turbine hub;

• (b) exceed a height of 276 metres from LAT to the upper tip of the vertical blade;

• (c) exceed a rotor diameter of 241.03 metres;

• (d) be less than 34.97 metres from LAT to the lowest point of the rotating blade;

• (e) be less than 810 metres from the nearest wind turbine generator in all directions.

• (2) In this Condition, references to the location of a wind turbine generator are references to the centre point of the turbine.

• (3) No offshore accommodation platform forming part of Work No. 1A may—

• (a) exceed 64 metres in height above LAT;

• (b) have a platform that at its greatest extent exceeds 3,600 square metres in area or 60 metres in width.

• (4) The diameter of the electrical cables comprising the electrical circuits within Work No. 1A must not exceed 170 millimetres.

• (5) The combined total length of the connections in the form of electrical circuits between the structures comprised in Work Nos. 1A and 1B must not exceed 685 kilometres.

• (6) The electrical circuits comprised in Work No. 1A must be installed by use of, or a combination of, ploughing, trenching, jetting, rock-cutting, dredging, surface laying with post-lay burial and, where ground conditions make burial impracticable, by surface laying.

2

• (1) The undertaker must in fixing to the seabed any structures comprised in Work No. 1A use one of the following methods—

• (a) monopile foundations;

• (b) jacket foundations supported by piles; or

• (c) gravity base foundations.

• (2) The following parameters apply in respect of the foundation methods used to fix wind turbine generators comprised in Work No. 1A to the seabed—

• (a) where monopile foundations are used—

• (i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,963 square metres;

• (ii) the diameter of each foundation must not exceed 10 metres;

• (b) where jacket foundations (driven/drilled piles) are used—

• (i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 2,827 square metres;

• (ii) the number of piles per jacket must not exceed 12;

• (iii) the diameter of each pile must not exceed 6 metres;

• (c) where jacket foundations (suction piles) are used—

• (i) the area occupied by the foundations and scour protection for each individual structure must not exceed 12,596 square metres;

• (ii) the number of piles per jacket must not exceed 4;

• (iii) the diameter of each pile must not exceed 21.1 metres;

• (d) where gravity base foundations are used—

• (i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 7,543 square metres;

• (ii) the seabed levelling diameter must not exceed 78 metres;

• (iii) the cone diameter must not exceed 58 metres at its base.

• (3) The following parameters apply in respect of the foundation methods used to fix offshore accommodation platforms to the seabed—

• (a) where monopile foundations are used—

• (i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,963 square metres;

• (ii) the diameter of each foundation must not exceed 10 metres;

• (b) where jacket foundations (driven/drilled piles) are used—

• (i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,414 square metres;

• (ii) the number of piles must not exceed 8;

• (iii) the diameter of each pile must not exceed 3 metres;

• (c) where jacket foundations (suction piles) are used—

• (i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 square metres;

• (ii) the number of piles per jacket must not exceed 4;

• (iii) the diameter of each pile must not exceed 15 metres;

• (d) where gravity base foundations are used—

• (i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 square metres;

• (ii) the seabed levelling diameter must not exceed 70 metres;

• (iii) the cone diameter must not exceed 50 metres at its base.

• (4) The total volume of scour protection for the wind turbine generators and the offshore accommodation platforms forming part of Work No. 1A must not exceed 4,761,555 cubic metres, provided that the combined total volume of scour protection for the wind turbine generators and the offshore accommodation platforms forming part of Work Nos. 1A and 1B must not exceed 4,761,555 cubic metres.

Navigational practice, safety and emergency response

3

• (1) No part of the authorised scheme seaward of MHWS may commence until the MMO, in consultation with the MCA, has given written approval for an emergency response co-operation plan which includes full details of the emergency co-operation plans for the construction, operation and decommissioning phases of that part of the authorised scheme in accordance with the MCA recommendations contained within MGN 371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues”⁴⁹.

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

• (3) The emergency response co-operation plan must be implemented as approved, unless otherwise agreed in writing by the MMO, in consultation with the MCA.

Aids to navigation

4

• (1) The undertaker must during the whole period from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning—

• (a) exhibit such lights, marks, sounds, signals and other aids to navigation and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct;

• (b) colour all structures in the authorised scheme as directed by Trinity House;

• (c) keep Trinity House and the MMO informed of progress of the authorised scheme seaward of MHWS including—

• (i) notice of commencement of construction of the authorised scheme within 24 hours of commencement having occurred;

• (ii) notice within 24 hours of any aids to navigation being established by the undertaker; and

• (iii) notice within 5 working days of completion of construction of the authorised scheme;

• (d) submit reports to Trinity House detailing the working condition of aids to navigation quarterly, or as requested by Trinity House;

• (e) notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

• (2) Except as otherwise required by Trinity House under paragraph (1), the undertaker must colour all structures comprised in Work No. 1A yellow (colour code RAL 1023) from at least highest astronomical tide to a height as directed by Trinity House.

• (3) Unless the MMO otherwise directs, the undertaker must paint the remainder of the structures submarine grey (colour code RAL 7035).

Notifications and inspections

5

• (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 the Conditions; and

• (ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with the Conditions;

• (b) within 28 days of receipt of a copy of this licence, the persons referred to in sub-paragraph (a) provide a completed confirmation form to the MMO confirming their understanding of the terms of this licence.

• (2) Only the persons and vessels notified to the MMO in accordance with Condition 11 are permitted to carry out the licensed activities.

• (3) Copies of this licence must also be available for inspection at the following locations—

• (a) the undertaker’s registered address;

• (b) any site office located at or adjacent to the construction site and used by the undertaker or its agents and contractors responsible for the loading, transportation or deposit of the authorised deposits; and

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

• (4) The documents referred to in paragraph (1)(a) must be available for inspection by an enforcement officer at the locations set out in paragraph (3) at any time.

• (5) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised scheme.

• (6) The undertaker must inform the MMO Marine Licensing Team and the MMO Coastal Office in writing at least 5 working days before the commencement of the licensed activities or any part of them.

• (7) The Kingfisher Information Service of Seafish must be informed by email of details of the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant part to kingfisher@seafish.co.uk—

• (a) at least 2 weeks before the construction of the authorised scheme or relevant part, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

• (b) on completion of the construction of the authorised scheme or relevant part.

Confirmation of notification must be provided to the MMO within 5 working days of notification to the Kingfisher Information Service of Seafish.

• (8) The undertaker must ensure that a notice to mariners is issued at least 10 working days before the commencement of the licensed activities advising of the commencement of licensed activities within the wind farm area and the expected vessel routes from the local service ports to the location of the works comprised within the authorised scheme.

• (9) The undertaker must ensure that the notices to mariners are updated and reissued at weekly intervals during construction activities and at least 5 days before any planned operation and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under Condition 8(2)(a). Copies of all notices must be provided to the MMO within 10 working days of issue.

• (10) The undertaker must notify—

• (a) the UK Hydrographic Office of commencement (within 2 weeks), progress and completion (within 2 weeks) of the authorised scheme in order that all necessary amendments to nautical charts are made, and the undertaker must send a copy of such notifications to the MMO; and

• (b) the Defence Geographic Centre (at least 4 weeks before) of the commencement of the authorised scheme and of the progress and completion (within 2 weeks) of the authorised scheme, in order that all necessary amendments to aviation charts are made.

• (11) In case of damage to, or destruction or decay of, the authorised scheme or any part of it seaward of MHWS, the undertaker must as soon as reasonably practicable, and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the MMO, Trinity House, MCA and the UK Hydrographic Office.

• (12) In the event that the Marine Noise Registry has gone live before the commencement of impact pile driving—

• (a) the undertaker must submit details of the expected location, start and end dates of impact pile driving to the Marine Noise Registry before the commencement of the impact pile driving; and

• (b) the undertaker must notify the MMO of the successful submission of the details required under sub-paragraph (a) within 7 days of the submission.

• (13) In the event that the Marine Noise Registry has gone live at the time of impact pile driving—

• (a) the undertaker must submit the exact locations and dates of impact pile driving to the Marine Noise Registry at 6-month intervals from the commencement of impact pile driving until the completion of impact pile driving. The final data must be submitted within 12 weeks of completion of impact pile driving; and

• (b) the undertaker must notify the MMO of the successful submission of the details required under sub-paragraph (a) within 7 days of the submission.

Chemicals, drilling and debris

6

• (1) All chemicals used in the construction of the authorised scheme must be selected from the list of notified chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002⁵⁰, unless otherwise agreed in writing by the MMO.

• (2) The undertaker must ensure that any coatings or treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive or the Environment Agency Pollution Prevention Guidelines.

• (3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment including bunding of 110% of the total volume of all reservoirs and containers.

• (4) 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, which disposal may also require a marine licence.

• (5) The undertaker must ensure that, where practicable, any debris arising from the construction of the authorised scheme or temporary works placed seaward of MHWS is removed by a date no later than 28 days following the undertaker becoming aware of the debris after the completion of the authorised scheme (or by such later date as may be agreed in writing by the MMO). In the event that the debris cannot practicably be removed, the undertaker must notify the MMO, Trinity House and the MCA within 7 days of becoming aware that the debris cannot practicably be removed.

• (6) At least 10 days before the commencement of the licensed activities, the undertaker must submit to the MMO an audit sheet covering all aspects of the construction of the authorised scheme, and no works may commence until the audit sheet content has been agreed with the MMO. The audit sheet must include details of—

• (a) loading facilities;

• (b) vessels;

• (c) equipment;

• (d) shipment routes;

• (e) working schedules; and

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

• (7) The audit sheet must be maintained throughout the construction of the authorised scheme, and the MMO must be notified of any changes on a fortnightly basis.

• (8) In the event that the undertaker becomes aware that any of the materials on the audit sheet cannot be accounted for, it must notify the MMO within 24 hours where possible, and in any event within 5 days of becoming aware using the dropped object procedure form. On receipt of the dropped object procedure form, the MMO may require relevant surveys to be carried out by the undertaker (such as side-scan sonar) if reasonable to do so. Local fishermen must be invited to send a representative to be present during the survey. The MMO may require any new obstructions associated with the authorised scheme to be removed from the seabed at the undertaker’s expense if reasonable to do so.

• (9) All debris arising from the operation and maintenance of the authorised scheme must be reported to the MMO using the dropped object procedure form within 24 hours where possible, and in any event within 5 days of the undertaker becoming aware of the incident. On receipt of the dropped object procedure form, the MMO may require relevant surveys to be carried out by the undertaker (such as side-scan sonar) if reasonable to do so and any new obstructions associated with the authorised scheme to be removed from the seabed at the undertaker’s expense if reasonable to do so.

• (10) The undertaker must inform the MMO of the location and quantities of inert material and dredged 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.

• (11) The undertaker must ensure that only—

• (a) inert material of natural origin and drilling mud, produced during construction drilling and seabed preparation for foundation works comprised in Work No. 1A;

• (b) dredged material produced during seabed preparation for foundation works comprised in Work No. 1A; and

• (c) inert material of natural origin and dredged material produced during cable laying preparation works comprised in Work No. 1A;

is disposed of at disposal site reference HU211.

• (12) The undertaker must ensure that no waste concrete slurry or wash water from concrete or cement works is discharged into the marine environment. Concrete, cement mixing and washing areas must be contained to prevent run-off entering the water through the freeing ports.

• (13) The undertaker must ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.

• (14) The undertaker must notify the MMO within 48 hours of the completion of the final authorised disposal at disposal site reference HU211.

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—

• (a) authorised deposits outside of the wind farm area or disposal site reference HU211; or

• (b) unauthorised deposits within or outside of the wind farm area or disposal site reference HU211,

because the safety of human life or of the vessel is threatened, full details of the circumstances of the deposit must be notified to the MMO within 48 hours.

Pre-construction plans and documentation

8

• (1) The licensed activities may not commence until a plan setting out proposed details of the authorised scheme and including the following (insofar as relevant to that activity or phase of activity) has been submitted to and approved in writing by the MMO following appropriate consultation with Trinity House and the MCA—

• (a) number, dimensions, specification, foundation types and depth for each wind turbine generator and offshore accommodation platform;

• (b) grid co-ordinates of the centre point of the proposed location for each wind turbine generator and offshore accommodation platform, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions;

• (c) proposed layout of all cables, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions; and

• (d) location and specification of all other aspects of the authorised scheme, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions.

• (2) The licensed activities, or any phase of those activities, may not commence until a code of construction practice incorporating the following (insofar as relevant to that activity or phase of activity) has been submitted to and approved in writing by the MMO—

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

• (i) the proposed construction start date;

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

• (iii) proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with Conditions 13, 14 and 15. The pre-construction survey programme and all pre-construction survey methodologies must be submitted to the MMO for written approval by the MMO in consultation with the relevant statutory nature conservation body at least 4 months before the commencement of any survey works detailed within;

• (b) a construction method statement in accordance with the environmental statement, including details of—

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

• (ii) turbine installation, including any seabed preparation and scour protection;

• (iii) installation of offshore accommodation platforms, including any seabed preparation and scour protection;

• (iv) circuit installation, including any seabed preparation and circuit protection;

• (v) contractors;

• (vi) vessels; and

• (vii) associated works;

• (c) 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 scheme in relation to all activities carried out seaward of MHWS. The plan must include a mechanism for reporting oil, fuel and chemical spills to the MMO Marine Pollution Response Team;

• (ii) a chemical risk analysis to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

• (iii) a disposal plan detailing the locations, methods and timings of dredging and disposal, as well as disposal site monitoring requirements;

• (iv) waste management and disposal arrangements;

• (v) locations of any archaeological exclusion zones agreed as part of the written scheme of archaeological investigation approved under sub-paragraph (g); and

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

• (d) a scour protection management and cable armouring plan providing details of the need, type, sources, quantity, location and installation methods for scour protection and cable armouring to be within the scope of the environmental impact assessment recorded in the environmental statement;

• (e) in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol, the intention of which is to prevent injury and/or significant disturbance to marine mammals, following current best practice as advised by the statutory nature conservation bodies, which may include, but is not limited to—

• (i) identification of a marine mammal mitigation zone (“MMMZ”);

• (ii) appointment of an appropriate number of suitably qualified marine mammal observers;

• (iii) methods for the detection of marine mammals within the MMMZ whether visually (by the marine mammal observers) or acoustically using passive acoustic monitoring equipment or other means of detection;

• (iv) a reporting methodology to enable efficient communication between the marine mammal observers and the person responsible for approving commencement of piling;

• (v) an appropriate soft start procedure whereby piling activities do not commence until an agreed time has elapsed and during which marine mammals have not been detected within the MMMZ;

• (vi) where appropriate, methods for the application of acoustic deterrent devices; and

• (vii) where appropriate, consideration of the use of noise reduction at source technologies;

• (f) a cable specification and installation plan, to include—

• (i) technical specification of offshore electrical circuits, 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, including geotechnical data, cable laying techniques and a cable burial risk assessment encompassing the identification of any cable protection that exceeds 5% of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5% of navigable depth is identified, details of any steps (to be determined following consultation with the MCA) to be taken to ensure existing and future safe navigation is not compromised;

• (g) a written scheme of archaeological investigation in relation to the wind farm area in accordance with industry good practice, 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) analysis and reporting of survey data to be submitted to the MMO within 4 months of survey completion;

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

• (v) monitoring during and post-construction, including a conservation programme for finds;

• (vi) 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 scheme;

• (h) a plan for marine mammal monitoring setting out the circumstances in which marine mammal monitoring will be required and the monitoring to be carried out in such circumstances;