The Hornsea Two Offshore Wind Farm Order 2016

• (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) imposes any liability on the relevant 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 must give the relevant undertaker reasonable notice of any claim or demand, and no settlement or compromise may be made without the consent of the relevant undertaker, which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

PART 5 — Protection for Associated British Ports

1

The provisions of this Part have effect for the protection of A. B. Ports unless otherwise agreed in writing between the undertaker and A. B. Ports

2

In this Part—

• “A. B. Ports” means Associated British Ports;

• “accumulation” means any accumulation of silt or other material that constitutes an impediment to navigation;

• “construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, relaying, and removal (including the removal of the electrical circuits comprised in Work Nos. 6A and 6B); and “construct” and “constructed” must be construed accordingly;

• “erosion” means any erosion of the bed or banks of the River Humber or of any jetty or other structure of whatever nature;

• “plans” includes sections, descriptions, drawings and specifications;

• “relevant undertaker” means— in relation to specified works that is Project A works or associated development or ancillary works relating to Project A works, Optimus Wind; in relation to specified works that is Project B works or associated development or ancillary works relating to Project B works, Breesea; and in relation to specified works that is shared works or associated development or ancillary works relating to shared works, Optimus Wind and Breesea;

• “specified works” means so much of Work Nos. 6A and 6B and any associated development or ancillary works as are within A. B. Ports’ jurisdiction.

3

The undertaker must not under the powers of this Order acquire land or acquire new rights over land held by A. B. Ports for the purpose of its statutory undertaking without the consent of A. B. Ports, which consent must not be unreasonably withheld but may be given subject to reasonable conditions.

4

• (1) Before commencing the construction of the specified works, the relevant undertaker must furnish to A. B. Ports for its approval, which it must not unreasonably withhold, plans of the specified works showing the general mode of construction, depth and method of trenching and possible cable protection; and the specified works—

• (a) must not be constructed otherwise than in accordance with the plans approved by A. B. Ports; and

• (b) must be executed to the reasonable satisfaction of A. B. Ports.

• (2) When submitting plans in respect of the specified works to the Secretary of State pursuant to article 40 (certification of plans, etc.), the relevant undertaker must—

• (a) send a copy of those plans to A. B. Ports; and

• (b) on receipt of approval of plans or of any conditions or restrictions imposed by the Secretary of State, send a copy to A. B. Ports.

• (3) If A. B. Ports fails to express its disapproval of any plans within 56 days after they have been furnished to it under sub-paragraph (1), it is deemed to have approved them.

5

The relevant undertaker must give to A. B. Ports—

• (a) not less than 14 days’ written notice of its intention to commence the construction of the specified works; and

• (b) not more than 14 days after completion of the construction, written notice of such completion.

6

The relevant undertaker must at all reasonable times during construction of the specified works and afterwards allow A. B. Ports, its servants and agents, access to the specified works and all reasonable facilities for inspection of the specified works.

7

• (1) After the purpose of any temporary works has been accomplished, the relevant undertaker must with all reasonable dispatch, or after a reasonable period of notice in writing from A. B. Ports requiring the relevant undertaker so to do, remove any such temporary works or any materials relating to them that may have been placed below the level of high water by or on behalf of the relevant undertaker.

• (2) If the relevant undertaker fails to do so within a reasonable period after receiving such notice, A. B. Ports may remove them and may recover the reasonable costs of doing so from the relevant undertaker.

8

• (1) If during the construction of the specified works it is agreed, or in the absence of agreement it is proved to the satisfaction of an arbitrator appointed under article 41 (arbitration), that any accumulation or erosion has been caused wholly or partly by the construction of the specified works or exercise of powers under this Order, the relevant undertaker, if so requested by A. B. Ports acting reasonably, must remedy the accumulation or erosion to the extent attributable to the construction or exercise of powers.

• (2) If the relevant undertaker refuses or fails to do so, A. B. Ports may itself cause the work to be done and may recover the reasonable cost of doing so from the relevant undertaker.

9

The relevant undertaker must pay to A. B. Ports the reasonable costs of such alterations to the marking and lighting of the navigational channel of the river as may be necessary during or in consequence of the construction of the specified works.

10

• (1) Without limiting the other provisions of this Part, the relevant undertaker must indemnify A. B. Ports in respect of all losses, costs, charges, damages and expenses however caused (including a reasonable and proper proportion of the overhead charges of A. B. Ports) that may reasonably be incurred by or occasioned to A. B. Ports by reason of or arising from or in connection with—

• (a) the perusal of plans and the inspection of the specified works by A. B. Ports or its duly authorised representative;

• (b) the construction or failure of the specified works or the undertaking by A. B. Ports of works or measures to prevent or remedy danger or impediment to navigation or damage to any property of A. B. Ports arising from such construction or failure; or

• (c) any act or omission of the relevant undertaker or its servants or agents whilst engaged in the construction of any of the specified works.

• (2) Without limiting sub-paragraph (1), the relevant undertaker must indemnify A. B. Ports in respect of all claims and demands arising out of, or in connection with, such construction, or failure or act or omission as is mentioned in that sub-paragraph.

• (3) Nothing in this paragraph imposes any liability on the relevant undertaker to the extent that any losses, costs, charges, damages, expenses, claims or demands referred to in sub-paragraph (1) or (2) are attributable to negligence on the part of A. B. Ports or of any person in its employ or of its contractors or agents.

• (4) A. B. Ports must give to the relevant undertaker notice in writing of any claim or demand for which the relevant undertaker may be liable under this paragraph, and no settlement or compromise of any such claim or demand may be made without the consent in writing of the relevant undertaker.

11

The fact that any work or thing has been executed or done with the consent of A. B. Ports and in accordance with any conditions or restrictions prescribed by A. B. Ports or in accordance with any plans approved or deemed to be approved by A. B. Ports or to its satisfaction or in accordance with any directions or award of any arbitrator or in accordance with any plans approved by the Secretary of State and any conditions or restrictions imposed by the Secretary of State does not relieve the relevant undertaker from any liability under this Part.

12

With the exception of any duty owed by A. B. Ports to the relevant undertaker expressly provided for in this Part, nothing in this Order must be construed as imposing on A. B. Ports, either directly or indirectly, any form of duty or liability to which A. B. Ports would not otherwise be subject which is enforceable by proceedings before any court.

13

Nothing in this Order affects prejudicially any statutory or other rights, powers or privileges vested in, or enjoyed by, A. B. Ports at the commencement of this Order or any title of A. B. Ports in, to or over any lands or foreshore held or acquired by it.

PART 6 — Protection for Anglian Water Services Limited

1

The provisions of this Part have effect for the protection of Anglian Water unless otherwise agreed in writing between the undertaker and Anglian Water.

2

In this Part—

• “alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfill its statutory functions in no less efficient a manner than previously;

• “Anglian Water” means Anglian Water Services Limited (company number 02366656);

• “apparatus” means— any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage; any drain or works vested in Anglian Water under the Water Industry Act 1991; and any sewer that 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 or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 of that Act) and any structure in which apparatus is or will 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 on land;

• “plan” includes section, drawing, specification and method statement;

• “relevant undertaker” means— in relation to works that are Project A works or associated development or ancillary works relating to Project A works, Optimus Wind; in relation to works that are Project B works or associated development or ancillary works relating to Project B works, Breesea; and in relation to works that are shared works or associated development or ancillary works relating to shared works, Optimus Wind and Breesea.

3

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

4

• (1) The relevant undertaker must not—

• (a) execute any works that interfere with, build over or are near to any apparatus within the Order land;

• (b) execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus; or

• (c) where the apparatus is laid in a trench, execute any filling around the apparatus within the standard protection strips, which are the strips of land falling the following distances to either side of the medial line of any apparatus—

• (i) 2.25 metres, where the diameter of the pipe is less than 150 millimetres;

• (ii) 3 metres, where the diameter of the pipe is 150 millimetres or more but less than 450 millimetres;

• (iii) 4.5 metres, where the diameter of the pipe is 450 millimetres or more but less than 750 millimetres; and

• (iv) 6 metres, where the diameter of the pipe is 750 millimetres or more,

unless the relevant undertaker has submitted to Anglian Water, not less than 28 days before starting the execution of any works, a plan and description of the works to be executed.

• (2) The works must be executed only in accordance with the plan 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 Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it; and an officer of Anglian Water is entitled to watch and inspect the execution of the works.

• (3) Any requirements made by Anglian Water under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan and description under sub-paragraph (1) are submitted to it.

• (4) Nothing in this paragraph precludes the relevant 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 and description instead of the plan and description previously submitted, and once the relevant undertaker has done so the provisions of this paragraph apply to and in respect of the new plan and description.

• (5) The relevant undertaker is not required to comply with sub-paragraph (1) in a case of emergency, but in that case it must give to Anglian Water notice as soon as is reasonably practicable and a plan and description of the works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

• (6) It is reasonable for Anglian Water to require that the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or the filling around the apparatus (where the apparatus is laid in a trench) be executed by Anglian Water.

• (7) Anglian Water must execute any requirement made under sub-paragraph (6) in a timely manner.

5

The alteration, extension, removal or relocation of any apparatus must not be implemented until—

• (a) any requirement for any permits under the Environmental Permitting (England and Wales) Regulations 2016 or other legislation and any other associated consents are obtained, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such relocation are obtained, such approvals or agreements from Anglian Water not to be unreasonably withheld or delayed; and

• (b) the relevant undertaker has given to Anglian Water written notice of its requirement to alter, extend, remove or relocate apparatus together with a plan and description of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed, and such works to be executed only in accordance with the plan and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it.

6

If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the relevant undertaker, Anglian Water must, on receipt of a written notice to that effect from the relevant undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

7

Any alternative apparatus to be constructed in land of the relevant undertaker under this Part must be constructed in such manner and in such line or situation as may be agreed between Anglian Water and the relevant undertaker or in default of agreement settled by arbitration in accordance with article 41 (arbitration).

8

• (1) Where, in exercise of the powers conferred by this Order,—

• (a) the relevant undertaker acquires any interest in any land in which apparatus is placed; and

• (b) the apparatus is to be relocated, extended, removed or altered in any way,

no alteration or extension may take place until Anglian Water has established, to its reasonable satisfaction, contingency arrangements in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus.

• (2) Anglian Water must use reasonable endeavours to establish contingency arrangements in a timely manner.

9

Despite any provision in this Order or anything shown on any plan, the relevant undertaker must not acquire any apparatus otherwise than by agreement; and before extinguishing any existing rights for Anglian Water to use, keep, inspect, renew and maintain its apparatus in the Order land, the relevant undertaker must, with the agreement of Anglian Water, create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for Anglian Water, such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 41.

10

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

11

If, in consequence of the exercise of the powers conferred by this Order, previously unmapped sewers, lateral drains or other apparatus are identified by the relevant undertaker, notification of the location of such assets must be given to Anglian Water as soon as reasonably practicable and, if identified by Anglian Water as being within its responsibility, must be afforded the same protection as other Anglian Water assets.

12

If, for any reason or in consequence of the construction of any of the works referred to in paragraphs 4 to 9 and 11, 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 Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the relevant undertaker must—

• (a) bear and pay the cost reasonably incurred by Anglian Water in making good any damage or restoring the supply; and

• (b) make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs properly and reasonably incurred by Anglian Water,

by reason or in consequence of the damage or interruption.

13

The relevant undertaker must pay to Anglian Water the reasonable expenses incurred by Anglian Water in executing the works reasonably required under paragraph 4(6) and paragraph 5 and in complying with a written notice under paragraph 6.

14

Nothing in paragraph 12 imposes any liability on the relevant undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of Anglian Water, its officer, servants, contractors or agents.

15

Any difference or dispute arising between the undertaker and Anglian Water under this Part must, unless otherwise agreed in writing between the undertaker and Anglian Water, be determined by arbitration in accordance with article 41.

PART 7 — Protection for Centrica plc

1

The provisions of this Part have effect for the protection of Centrica unless otherwise agreed in writing between the undertaker and Centrica.

2

In this Part—

• “access road” means the road providing access to Centrica’s power station from Chase Hill Road;

• “apparatus” means Centrica’s pipelines, cables, structures, or other electrical, gas or telecommunication infrastructure owned, occupied or maintained by Centrica for the purposes of its undertaking;

• “Centrica” means Centrica plc (company number 03033654) and all of its subsidiaries and group companies including but not limited to Centrica KPS Limited (company number 05006144), Centrica Storage Limited (company number 03294124) and Centrica Energy Limited (company number 02877398) or any successor company in title and function;

• “relevant undertaker” means— in relation to works which are Project A works or associated development or ancillary works relating to Project A works, Optimus Wind; in relation to works which are Project B works or associated development or ancillary works relating to Project B works, Breesea; and in relation to works which are shared works or associated development or ancillary works relating to shared works, Optimus Wind and Breesea.

3

Before extinguishing any existing rights for Centrica to place, install, keep, inspect, renew and maintain its apparatus on, over or in the Order land or to cross the Order land to access its apparatus, the relevant undertaker, with the agreement of Centrica, must create a new right, which is consistent with the existing right being extinguished, to place, install, keep, inspect, renew and maintain the apparatus in the same location or a new right of access that is reasonably convenient for Centrica, such agreement not to be unreasonably withheld or delayed.

4

• (1) Except where paragraph 5 applies, no works may commence within 10 metres of apparatus or on, to or within 10 metres in any direction of the access road until a construction method statement to protect the apparatus or the access road as the case may be has been prepared by the relevant undertaker and submitted to and agreed with Centrica (provided that Centrica must not unreasonably withhold or delay such agreement).

• (2) The construction method statement must include provisions in respect of—

• (a) the location and methods of reinforcement of crossing points over the apparatus and restrictions on building and altering the ground level over the apparatus elsewhere;

• (b) a mechanism for the enforcement of the relevant undertaker’s use of designated crossing points over the apparatus and the agreed reinforcement methods; and

• (c) adoption of a prior notification and consent regime which would require the relevant undertaker to—

• (i) seek Centrica’s consent to the carrying out of the proposed development within the vicinity of the apparatus or on or to the access road, such consent not to be unreasonably withheld, and comply with any reasonable conditions attached by Centrica to its consent; and

• (ii) notify Centrica of its intention to carry out any development within the vicinity of the apparatus or on or to the access road, such notification to be provided at least 48 hours before any such development occurs; and

the authorised development must be carried out in accordance with the approved construction method statement.

5

• (1) If the relevant undertaker acquires or overrides any interest in any land in which apparatus is laid, the apparatus must not be removed under this Part and any right of Centrica to maintain the apparatus in that land must not be extinguished until alternative apparatus has been constructed at the relevant undertaker’s expense and is in operation to the reasonable satisfaction of Centrica in accordance with sub-paragraphs (2) to (5).

• (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the relevant undertaker requires the removal of apparatus in that land, it must give to Centrica 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed; and in that case (or if, in consequence of the exercise of any of the powers conferred by this Order, Centrica reasonably needs to remove the apparatus) the relevant undertaker must, subject to sub-paragraph (3), afford to Centrica to its satisfaction (taking into account paragraph 6(1)) the necessary facilities and rights for—

• (a) the construction of an alternative apparatus in other land of the relevant undertaker or Centrica; and

• (b) subsequently the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the relevant undertaker or Centrica, or the relevant 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, Centrica must, on receipt of a written notice to that effect from the relevant undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed, except that this obligation does not extend to the requirement for Centrica to seek compulsory purchase powers to this end unless it elects to so do.

• (4) Any alternative apparatus to be constructed in land of the relevant undertaker or Centrica under this Part must be constructed in such manner and in such line or situation as may be agreed between Centrica and the relevant undertaker.

• (5) Centrica must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to Centrica of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to, at the cost of the relevant undertaker, construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the relevant undertaker to be removed under this Part.

6

• (1) Where, in accordance with this Part, the relevant undertaker affords to Centrica facilities and rights for the construction and maintenance in land of the relevant undertaker of alternative apparatus in substitution for the apparatus to be removed, those facilities and rights must be granted on such terms and conditions as may be agreed between the relevant undertaker and Centrica and must be no less favourable on the whole to Centrica than the facilities and rights enjoyed by it in respect of the apparatus to be removed, unless agreed otherwise by Centrica.

• (2) If the facilities and rights to be afforded by the relevant undertaker and agreed with Centrica under sub-paragraph (1) in respect of any alternative apparatus, or the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to Centrica than the facilities and rights enjoyed by it in respect of the apparatus to be removed or the terms and conditions to which those facilities and rights are subject, the matter must be referred to arbitration, and the arbitrator must make such provision for the payment of compensation by the relevant undertaker to Centrica as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

7

If for any reason or in consequence of the construction or operation of the authorised development 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 Centrica or to the access road, the relevant undertaker must bear and pay the cost reasonably incurred by Centrica in making good any damage by reason or in consequence of any such damage, provided that the maximum liability of the relevant undertaker or the maximum liability of the relevant undertakers (in aggregate) is limited to £50,000,000 per claim or series of claims arising from 1 event.

8

The relevant undertaker must use its best endeavours to co-ordinate the execution and operation of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Centrica’s undertaking, and Centrica must use its best endeavours to co-operate with the relevant undertaker for that purpose.

9

Despite any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not acquire any apparatus, override any easement or other interest of Centrica, acquire any land or other interest of Centrica or create any new rights over any land or other interest of Centrica otherwise than by agreement of Centrica, which agreement must not be unreasonably withheld.

10

Any dispute arising between the undertaker and Centrica under this Part must be determined by arbitration as provided in article 41 (arbitration).

PART 8 — Protection for VPI Immingham LLP

1

The provisions of this Part have effect for the protection of VPI unless otherwise agreed in writing between the undertaker and VPI.

2

In this Part—

• “pipeline” means the gas pipeline crossing the Order land owned and operated by VPI used at various times for the passage of gas and all ancillary apparatus including such works and apparatus properly appurtenant to the pipeline as are specified by section 65(2) of the Pipe-lines Act 1962[^f00067];

• “relevant undertaker” means— in relation to works which are Project A works or associated development or ancillary works relating to Project A works, Optimus Wind; in relation to works which are Project B works or associated development or ancillary works relating to Project B works, Breesea; and in relation to works which are shared works or associated development or ancillary works relating to shared works, Optimus Wind and Breesea;

• “VPI” means VPI Immingham LLP (registered number OC300980).

3

Before commencing any part of the authorised development or the operation of the authorised development that would have an effect on the operation and maintenance of the pipeline and access to it, the relevant undertaker must submit to VPI plans and sections of the proposed works and such further particulars as VPI may, within 28 days from the day on which plans and sections are submitted under this paragraph, reasonably require.

4

No works comprising any part of the authorised development or the operation of the authorised development that would have an effect in full or in part on the operation, maintenance, repair, replacement and abandonment of the pipeline and access to it may be commenced until plans and sections in respect of the works submitted under paragraph 3 have been approved by VPI.

5

Any approval of VPI required under paragraph 4 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as VPI may require to be made for—

• (a) the continuing safety and operational viability of the pipeline; and

• (b) the requirement for VPI to have uninterrupted and unimpeded access to the pipeline at all times.

6

• (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 3, any damage is caused to any apparatus or property of VPI, or there is any interruption in any service provided, or in the supply of any goods, by VPI, the relevant undertaker must—

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

• (b) make reasonable compensation to VPI for any other expenses, loss, damages, penalty or costs incurred by VPI,

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on the relevant undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of VPI, its officers, servants, contractors or agents.

• (3) VPI must give the relevant undertaker reasonable notice of any claim or demand, and no settlement or compromise may be made without the consent of the relevant undertaker, which, if it withholds consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

7

Any dispute arising between the undertaker and VPI under this Part must be determined by arbitration as provided in article 41 (arbitration).

PART 9 — Protection for Phillips 66 Limited

1

The provisions of this Part have effect for the protection of P66 unless otherwise agreed in writing between the undertaker and P66.

2

In this Part—

• “P66” means Phillips 66 Limited (company number 529086);

• “pipeline” means the crude oil pipeline owned and operated by P66 used at various times for the passage of multi-purpose hydrocarbon fuels and all ancillary apparatus including such works and apparatus properly appurtenant to the pipeline as are specified by section 65(2) of the Pipe-lines Act 1962;

• “relevant undertaker” means— in relation to works which are Project A works or associated development or ancillary works relating to Project A works, Optimus Wind; in relation to works which are Project B works or associated development or ancillary works relating to Project B works, Breesea; and in relation to works which are shared works or associated development or ancillary works relating to shared works, Optimus Wind and Breesea.

3

Before commencing any part of the authorised development or the operation of the authorised development that would have an effect on the operation and maintenance of the pipeline and access to it, the relevant undertaker must submit to P66 plans and sections of the proposed works and such further particulars as P66 may, within 28 days from the day on which plans and sections are submitted under this paragraph, reasonably require.

4

No works comprising any part of the authorised development or the operation of the authorised development that would have an effect in full or in part on the operation, maintenance, repair, replacement and abandonment of the pipeline and access to it may be commenced until plans and sections in respect of the works submitted under paragraph 3 have been approved by P66.

5

Any approval of P66 required under paragraph 4 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as P66 may require to be made for—

• (a) the continuing safety and operational viability of the pipeline; and

• (b) the requirement for P66 to have uninterrupted and unimpeded access to the pipeline at all times.

6

• (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 3, any damage is caused to any apparatus or property of P66, or there is any interruption in any service provided, or in the supply of any goods, by P66, the relevant undertaker must—

• (a) bear and pay the cost reasonably incurred by P66 in making good such damage or restoring the supply; and

• (b) make reasonable compensation to P66 for any other expenses, loss, damages, penalty or costs incurred by P66,

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on the relevant undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of P66, its officers, servants, contractors or agents.

• (3) P66 must give the relevant undertaker reasonable notice of any claim or demand, and no settlement or compromise may be made without the consent of the relevant undertaker, which, if it withholds consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

7

Any dispute arising between the undertaker and P66 under this Part must be determined by arbitration as provided in article 41(arbitration).

PART 10 — Protection for ConocoPhillips (U.K.) Limited

1

The provisions of this Part have effect for the protection of ConocoPhillips unless otherwise agreed in writing between the undertaker and ConocoPhillips.

2

In this Part—

• “ConocoPhillips” means ConocoPhillips (U.K.) Limited (company number 00524868);

• “pipeline” means the condensate pipeline running from the ConocoPhillips Theddlethorpe Gas Terminal to the Humber Oil Refinery, operated by ConocoPhillips on behalf of the pipeline owners and all ancillary apparatus including such works and apparatus properly appurtenant to the pipeline as are specified by section 65(2) of the Pipe-lines Act 1962;

• “relevant undertaker” means— in relation to works which are Project A works or associated development or ancillary works relating to Project A works, Optimus Wind; in relation to works which are Project B works or associated development or ancillary works relating to Project B works, Breesea; and in relation to works which are shared works or associated development or ancillary works relating to shared works, Optimus Wind and Breesea.

3

Not less than 28 days before commencing any part of the authorised development or the operation of the authorised development that is near to and would or may have an effect on the operation and maintenance of the pipeline and access to it, the relevant undertaker must submit to ConocoPhillips plans and sections of the proposed works and such further particulars as ConocoPhillips may, within 28 days from the day on which plans and sections are submitted under this paragraph, reasonably require.

4

No works comprising any part of the authorised development or the operation of the authorised undertaking which would have an effect in full or in part on the operation, maintenance, repair, replacement and abandonment of the pipeline and access to it may be commenced until plans and sections in respect of the works submitted under paragraph 3 have been approved by ConocoPhillips.

5

Any approval of ConocoPhillips required under paragraph 4 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as ConocoPhillips may require to be made for—

• (a) the continuing safety and operational viability of the pipeline; and

• (b) the requirement for ConocoPhillips to have uninterrupted and unimpeded access to the pipeline at all times.

6

• (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 3, any damage is caused to any apparatus or property of ConocoPhillips, or there is any interruption in any service provided, or in the supply of any goods, by ConocoPhillips, the relevant undertaker must—

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

• (b) make reasonable compensation to ConocoPhillips for any other expenses, loss, damages, penalty or costs incurred by ConocoPhillips,

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on the relevant undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of ConocoPhillips, its officers, servants, contractors or agents.

• (3) ConocoPhillips must give the relevant undertaker reasonable notice of any claim or demand, and no settlement or compromise may be made without the consent of the relevant undertaker, which, if it withholds consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

7

Any dispute arising between the undertaker and ConocoPhillips under this Part must be determined by arbitration as provided in article 41 (arbitration).

PART 11 — Protection for C.GEN Killingholme Limited

1

The provisions of this Part apply to govern the relationship between the undertaker and C.GEN unless otherwise agreed in writing between the undertaker and C.GEN.

2

In this Part—

• “approving party” means the party from whom an approval should be, has been or should have been obtained under this Part, being— in the case of specified works by C.GEN, Optimus Wind and Breesea, to the extent that they continue to have powers under this Order in respect of any part of the Order land shown numbered 503, 505, 506, 507 or 509 on the land plans, and any party who has powers under this Order in respect of that Order land by virtue of article 35 (transfer of benefit of Order); and in the case of specified works by the undertaker, C.GEN;

• “C.GEN” means C.GEN Killingholme Limited (company number 06422434);

• “C.GEN relevant land” means the area of land shown coloured yellow on the Plan;

• “construction” includes execution, placing, altering, replacing, reconstruction, relaying, maintenance, extensions, enlargement and removal; and “construct” and “constructed” must be construed accordingly;

• “crossing zones” means those areas of land shown coloured green on the Plan;

• “dominant land” means the Order land shown numbered 500 and 506 on the land plans;

• “drainage ditch” means the ditch shown by a black line marked “Drain” on the Plan;

• “grid connection land” means the C.GEN relevant land, the thermal buffer zone and the crossing zones;

• “Hornsea Project Substation Site” means the site shown outlined in pink on the Plan;

• “Plan” means the plan certified as the C.GEN protective provisions plan by the Secretary of State under article 40 (certification of plans, etc.);

• “plans” includes sections, drawings, specifications, designs, design data, software, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of the grid connection land;

• “promoting party” means the party who is seeking, has sought or should have sought an approval under this Part, being— the undertaker, in the case of specified works by the undertaker; and C.GEN, in the case of specified works by C.GEN;

• “servient land” means any pond, ponds or any watercourse on land under the ownership of C.GEN as at the date of this Order;

• “specified works” means so much of any works or operations by the undertaker or C.GEN as is in, on, under or over the grid connection land;

• “thermal buffer zone” means the area of land shown coloured red on the Plan.

3

The undertaker must not under the powers of this Order acquire—

• (a) new rights over the C.GEN relevant land; or

• (b) new rights over the thermal buffer zone, except for the purposes of access and maintenance; or

• (c) new rights over crossing zones,

without the consent of C.GEN, such consent not to be unreasonably withheld or delayed but which may be given subject to reasonable conditions.

4

• (1) The promoting party must give to the approving party not less than 28 days’ written notice of its intention to commence the construction of any specified works and at the same time must submit plans for the specified works to the approving party.

• (2) Not more than 14 days after completion of the construction of the specified works, the promoting party must give the approving party written notice of such completion.

5

• (1) Following receipt of the notification of the intention to commence the construction of the specified works under paragraph 4(1), the approving party must within 14 days give notice in writing to the promoting party that (acting reasonably)—

• (a) it approves the plans; or

• (b) it does not approve the plans and provide reasons for this.

• (2) Where the approving party confirms that it does not approve the plans for the specified works, then both parties must, acting reasonably, enter into negotiations to seek to agree the plans.

• (3) If following the expiry of 14 days from the date of notification under sub-paragraph (1)(b) no agreement has been reached, the matter must be determined in accordance with paragraph 22.

6

• (1) Any specified works must be constructed—

• (a) without unreasonable delay in accordance with the plans approved or settled under this Part; and

• (b) to the reasonable satisfaction of the approving party.

• (2) If any part of the specified works is constructed otherwise than in accordance with the requirements of this Part, the approving party may by notice in writing require the promoting party at the promoting party’s own expense to comply with the requirements of this Part or (if the promoting party so elects and the approving party in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the works and, where removal is required, to restore the site to its former condition to such extent and within such limits as the approving party reasonably requires.

• (3) Subject to sub-paragraph (4), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (2) is served on the promoting party, the promoting party 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 approving party may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the promoting party.

• (4) In the event of any dispute as to whether sub-paragraph (2) is properly applicable to any works 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 approving party must not except in an emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

7

The promoting party must at all reasonable times during construction of the specified works and thereafter allow the approving party, its servants and agents, access to the works and all reasonable facilities for inspection of the works.

8

• (1) After the purpose of any temporary works has been accomplished, the promoting party must with all reasonable dispatch, or after a reasonable period of notice in writing from the approving party requiring the promoting party to do so, remove the temporary works or any materials relating to them which may have been placed in, on, under or over the grid connection land by or on behalf of the promoting party.

• (2) If the promoting party fails to do so within a reasonable period after receiving notice under sub-paragraph (1), the approving party may remove them and may recover the reasonable costs of doing so from the promoting party.

9

• (1) If any damage to the grid connection land or any apparatus of any approving party on the grid connection land or any interference or obstruction is caused by the carrying out of, or in consequence of the construction of specified works, the promoting party must, notwithstanding any approval, make good the damage to the reasonable satisfaction of the approving party and must pay to the approving party all reasonable expenses to which the approving party may be put and compensation for any loss which it may sustain by reason of the damage, interference or obstruction in accordance with paragraph 10.

• (2) If the promoting party refuses or fails to do so, the approving party may cause the work to be done and may recover the reasonable cost of doing so from the promoting party.

10

• (1) Without limiting the other provisions of this Part, the promoting party is responsible for, and must make good to the approving party, all losses, costs, charges, damages and expenses however caused (including a reasonable and proper proportion of the overhead charges of the approving party) that may reasonably be incurred by or occasioned to the approving party by reason of or arising from or in connection with—

• (a) the perusal of plans and the inspection of the specified works by the approving party or its duly authorised representative;

• (b) the construction or failure of the specified works, or the undertaking by the approving party of works or measures to prevent or remedy damage to any property of the approving party arising from such construction or failure;

• (c) any act or omission of the promoting party or its servants or agents whilst engaged in the construction of any of the specified works.

• (2) The approving party must give to the promoting party notice in writing of any claim or demand for which the promoting party may be liable under this paragraph, and no settlement or compromise of any such claim or demand may be made without the consent in writing of the promoting party.

• (3) Nothing in this paragraph imposes any liability on the promoting party to the extent that any losses, costs, charges, damages, expenses, claims or demands referred to in sub-paragraph (1) are attributable to negligence on the part of the approving party or of any person in its employ or of its contractors or agents.

11

The fact that any work or thing has been executed or done with the consent of the approving party and in accordance with any conditions or restrictions prescribed by the approving party or in accordance with any plans approved by the approving party or to its satisfaction or in accordance with any directions or award of any arbitrator does not relieve the promoting party from any liability under this Part.

12

Any consent or approval of an approving party required under this Part—

• (a) must not be unreasonably withheld or delayed; and

• (b) may be given subject to reasonable conditions.

13

Any consent or approval of an approving party required under this Part is deemed to have been given if it is neither given nor refused within 28 days beginning with the date on which the application for consent or approval was submitted to the approving party.

14

Without limiting paragraph 12, it is not be reasonable for an approving party to withhold or delay any consent or approval under this Part in relation to specified works in, on, under, or over the grid connection land solely on the basis of thermal interaction between the circuit and any adjacent circuit, whether existing or proposed, where it has been demonstrated that there will be no material thermal interaction, which is deemed to have been demonstrated where the separation between the circuits is 6 metres or more (from the centre line of each circuit).

15

Without limiting paragraph 12, and in addition to the circumstances described in paragraph 14, it is not reasonable for the approving party to withhold or delay any consent or approval under this Part in relation to specified works in, on, under, or over the crossing zones solely on the basis of thermal interaction where the plans of the specified works submitted under paragraph 4 demonstrate that all reasonable steps have been taken to minimise thermal interaction between the circuit and any other circuit, whether existing or proposed.

16

With the exception of any duty owed by the approving party to the promoting party expressly provided for in the foregoing provisions of this Part, nothing in this Order must be construed as imposing on the approving party, either directly or indirectly, any form of duty or liability to which the approving party would not otherwise be subject which is enforceable by proceedings before any court.

17

Except as this Part provides, nothing in this Order affects prejudicially any statutory or other rights, powers or privileges vested in, or enjoyed by, the approving party at the commencement of this Order or any title of the approving party in, to or over any lands held or acquired by it.

18

In the event that the promoting party requires to alter the course of, modify, or remove any part of the drainage ditch the alteration, modification or removal works must be approved in writing by the approving party before the works are carried out, and such approval may not be unreasonably withheld or delayed but may be given subject to reasonable conditions.

19

The undertaker must ensure that the rate or volume of water discharged from the dominant land onto, over, across or through the servient land will not result in a significant increase in the exercise of the rights of the easement enjoyed by the dominant land on, over, across and through the servient land other than with the prior written approval of C.GEN.

20

The undertaker must not exercise the powers conferred by article 18 (compulsory acquisition of land) or article 19 (compulsory acquisition of rights) in respect of the Order land shown numbered 510 on the land plans to extinguish any rights that C.GEN has to connect into the North Killingholme National Grid substation.

21

The provisions of this Part enure for the benefit of the undertaker, C.GEN and any statutory successor of either that is licensed under section 6 of the 1989 Act and is in occupation or use of the Hornsea Project Substation Site, the grid connection land or any part of it pursuant to its undertaking.

22

Any dispute or difference arising between Optimus Wind, Breesea or any other party having powers under this Order in respect of the Order land shown numbered 503, 505, 506, 507 or 509 on the land plans by virtue of article 35 (transfer of benefit of Order) on the one hand (the “undertaker”) and C.GEN on the other as to their respective rights, duties and obligations under this Part or as to any matters arising out of it or in connection with the subject matter of this Part must be determined by a single arbitrator whose appointment is to be agreed on between the undertaker and C.GEN or, where agreement cannot be reached within 14 days, who is to be appointed on the application of either party (after notice in writing to the other party) by the President or Deputy President of the Royal Institute of Chartered Arbitrators.

PART 12 — Protection for Hornsea One companies

1

The provisions of this Part apply for the protection of the Hornsea One companies unless otherwise agreed in writing between the undertaker and the Hornsea One companies.

2

In this Part—

• “apparatus” means the cables, structures or other infrastructure owned, occupied or maintained by any Hornsea One company or its successor in title, including any offshore transmission owner, within the Hornsea One Order land;

• “construction” includes execution, placing, altering, replacing, reconstruction, relaying, maintenance, extensions, enlargement and removal; and “construct” and “constructed” must be construed accordingly;

• “Hornsea One” means the wind farms to be constructed pursuant to the Hornsea One Order including, whether pursuant to the Hornsea One Order or otherwise, all elements of the connection of the wind farms to the National Grid at North Killingholme substation;

• “Hornsea One company” means an undertaker with the benefit of all or part of the Hornsea One Order for the time being, being the holder of a licence under section 6 of the 1989 Act; and “Hornsea One companies” means all such undertakers;

• “Hornsea One disposal areas” means disposal site reference HU209 and HU210 whose co-ordinates are specified in the deemed marine licence in Schedule 11 to the Hornsea One Order;

• “Hornsea One Order” means the Hornsea One Offshore Wind Farm Order 2014;

• “Hornsea One Order land” means the land within the Order limits defined in the Hornsea One Order together with the land edged red on plan HOW01095_4 submitted to support planning application reference PA/2015/0398 submitted to North Lincolnshire Council;

• “plans” includes sections, drawings, specifications, designs, design data, software, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of the Hornsea One Order land;

• “proposed Hornsea One circuit route” means the proposed route for any electrical circuit to serve Hornsea One as shown on plans produced to the undertaker by the relevant Hornsea One company pursuant to paragraph 16;

• “relevant Hornsea One company” means the Hornsea One company whose undertaking includes the part of Hornsea One or the part of the Hornsea One Order land affected by the particular proposals of the undertaker;

• “specified works” means so much of any works or operations authorised by this Order (or authorised by any planning permission or marine licence intended to operate in conjunction with this Order) as is— in, on, under, over or within 500 metres of a proposed Hornsea One circuit route or existing installed electrical circuit (seaward of MHWS); in, on, under, over or within 25 metres of a proposed Hornsea One circuit route or existing installed electrical circuit (landward of MHWS); or in, on, under, over or within 1,000 metres of other apparatus installed or to be installed as part of Hornsea One.

3

The consent of a Hornsea One company under this Part is not required where the Hornsea One Order has expired without the authorised development having been commenced pursuant to requirement 1 of Part 3 of Schedule 1 to the Hornsea One Order or the project has been abandoned.

4

Where conditions are included in any consent granted by a Hornsea One company pursuant to this Part, the undertaker must comply with the conditions if it chooses to implement or rely on the consent, unless the conditions are waived or varied in writing by the relevant Hornsea One company.

5

It is reasonable for the relevant Hornsea One company to require as a condition of granting consent under this Part that the undertaker enter into a cable proximity agreement on reasonable terms reflecting industry good practice if the undertaker proposes to install an electrical circuit at any point closer than 500 metres to the centre line of any electrical circuit installed to serve Hornsea One or is to cross a proposed Hornsea One circuit route.

6

The undertaker must not under the powers of this Order—

• (a) acquire any of the Hornsea One Order land or acquire new or existing rights or interfere with existing rights or impose restrictive covenants or acquire any rights of temporary use over or in relation to the Hornsea One Order land without the consent of the relevant Hornsea One company, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions;

• (b) carry out any specified works without the consent of the relevant Hornsea One company, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions.

7

• (1) Subject to obtaining consent pursuant to paragraph 6(b) and before beginning to construct any specified works, the undertaker must submit plans of the specified works to the relevant Hornsea One company and must submit such further particulars available to it that the relevant Hornsea One company may reasonably require.

• (2) Any specified works must be constructed without unreasonable delay in accordance with the plans approved in writing by the relevant Hornsea One company.

• (3) Any approval of the relevant Hornsea One company required under this paragraph may be made subject to such reasonable conditions as it may make for the protection of the Hornsea One Order Land, the apparatus and apparatus for Hornsea One not yet installed.

• (4) If any part of the specified works is constructed otherwise than in accordance with the requirements of this Part, the relevant Hornsea One company may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this Part.

8

The undertaker must give to the relevant Hornsea One company not less than 28 days’ written notice of its intention to commence the construction of the specified works and, not more than 28 days after completion of their construction, must give the relevant Hornsea One company written notice of the completion.

9

The undertaker must at all reasonable times during construction of the specified works and thereafter allow the relevant Hornsea One company and its servants and agents access to the works and all reasonable facilities for inspection of the works.

10

After the purpose of any temporary works has been accomplished, the undertaker must with all reasonable dispatch, or after a reasonable period of notice in writing from the relevant Hornsea One company requiring the undertaker so to do, remove the temporary works or any materials relating to them that may have been placed by or on behalf of the undertaker—

• (a) in, on, under, over, or within 500 metres of a proposed Hornsea One circuit route or existing installed electrical circuit (seaward of MHWS); or

• (b) in, on, under, over, or within 25 metres of a proposed Hornsea One circuit route or existing installed electrical circuit (landward of MHWS).

11

With the exception of any duty owed by the relevant Hornsea One company to the undertaker expressly provided for in the foregoing provisions of this Part, nothing in this Order must be construed as imposing on the relevant Hornsea One company, either directly or indirectly, any form of duty or liability to which the relevant Hornsea One company would not otherwise be subject which is enforceable by proceedings before any court.

12

The undertaker must consult the relevant Hornsea One company in relation to any draft disposal plan which proposes to deposit material within the Hornsea One disposal areas and must make such amendments as are reasonably requested by the relevant Hornsea One company before submission to the MMO for approval.

13

Subject to complying with all relevant health and safety considerations, the undertaker must permit representatives of the relevant Hornsea One company on any vessel carrying out dredging or disposal activities related to the Hornsea One disposal areas to monitor and verify the dredging and disposal carried out in terms of location, method, timing, quantity, nature of materials and other relevant matters.

14

The undertaker must give reasonable notice in writing to the relevant Hornsea One company of the intended departure of all vessels referred to in paragraph 13 together with written information concerning the proposed dredging and disposal activities and must comply with all reasonable requests from the relevant Hornsea One company to enable the verification referred to in that paragraph to be carried out effectively and efficiently.

15

The undertaker must provide to the relevant Hornsea One company a copy of each disposal return required to be submitted to the MMO pursuant to the approved disposal plan under this Order relevant to the Hornsea One disposal areas, such returns to include, without limitation, the actual volumes of materials disposed of, the disposal locations, the approved monitoring plan and the results of monitoring conducted.

16

To ensure its compliance with this Part, the undertaker must before carrying out any works or operations pursuant to this Order request up-to-date written confirmation from the relevant Hornsea One company of the precise route of any existing installed apparatus and any proposed Hornsea One circuit route or other apparatus to be installed by the relevant Hornsea One company.

17

The undertaker and the Hornsea One companies must each act in good faith and use reasonable endeavours to co-operate with, and provide assistance to, each other as may be required to give effect to the provisions of this Part.

18

Any dispute arising between the undertaker and the relevant Hornsea One company under this Part must be determined by arbitration under article 41 (arbitration).

SCHEDULE 13 — Documents to be certified

1

The land plans listed below—

PINS Document No.	Description of Plan	Report No.	Version
4.1	Land plans: key plan	UK06-060700-DRW-0001	2
4.1	Land plans: offshore plans – page 1	UK06-060700-DRW-0001	2
4.1	Land plans: offshore plans – page 2	UK06-060700-DRW-0001	1
4.1	Land plans: offshore plans – page 3	UK06-060700-DRW-0001	1
4.1	Land plans: intertidal plans – page 1	UK06-060700-DRW-0001	1
4.1	Land plans: intertidal plans – page 2	UK06-060700-DRW-0001	1
4.1	Land plans: intertidal plans – page 3	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 1	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 2	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 3	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 4	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 5	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 6	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 7	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 8	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 9	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 10	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 11	UK06-060700-DRW-0001	2
4.1	Land plans: onshore plans – page 12	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 13	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 14	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 15	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 16	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 17	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 18	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 19	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 20	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 21	UK06-060700-DRW-0001	2
4.1	Land plans: onshore plans – page 22	UK06-060700-DRW-0001	2
4.1	Land plans: onshore plans – page 23	UK06-060700-DRW-0001	2
4.1	Land plans: onshore plans – page 24	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 25	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 26	UK06-060700-DRW-0001	1
4.1	Land plans: onshore plans – page 27	UK06-060700-DRW-0001	2
4.1	Land plans: inset plans – page 1	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 2	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 3	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 4	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 5	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 6	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 7	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 8	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 9	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 10	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 11	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 12	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 13	UK06-060700-DRW-0001	2
4.1	Land plans: inset plans – page 14	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 15	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 16	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 17	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 18	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 19	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 20	UK06-060700-DRW-0001	2
4.1	Land plans: inset plans – page 21	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 22	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 23	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 24	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 25	UK06-060700-DRW-0001	1
4.1	Land plans: inset plans – page 26	UK06-060700-DRW-0001	1

2

The offshore works plans listed below—

PINS Document No.	Description of Plan	Report No.	Version
5.1	Works plans: master index sheets	UK06-060700-DRW-0003	3
5.1	Offshore works plans: map index sheet	UK06-060700-DRW-0002	3
5.1	Offshore works plans – sheet 1	UK06-060700-DRW-0002	3
5.1	Offshore works plans – sheet 2	UK06-060700-DRW-0002	3
5.1	Offshore works plans – sheet 3	UK06-060700-DRW-0002	2
5.1	Offshore works plans – sheet 4	UK06-060700-DRW-0002	2
5.1	List of co-ordinates for offshore works and disposal areas – pages i to xi	UK06-060700-DRW-0002	2

3

The intertidal works plans listed below—

PINS Document No.	Description of Plan	Report No.	Version
5.3	Works plans: master index sheets	UK06-060700-DRW-0003	3
5.3	Intertidal works plans: map index sheet	UK06-060700-DRW-0004	1
5.3	Intertidal works plans – sheet 1	UK06-060700-DRW-0004	1
5.3	Intertidal works plans – sheet 2	UK06-060700-DRW-0004	1
5.3	Intertidal works plans – sheet 3	UK06-060700-DRW-0004	1
5.3	Intertidal works plans – sheet 4	UK06-060700-DRW-0004	1
5.3	List of co-ordinates for intertidal works	UK06-060700-DRW-0004	1

4

The onshore works plans listed below—

PINS Document No.	Description of Plan	Report No.	Version
5.2	Works plans: master index sheets	UK06-060700-DRW-0003	3
5.2	Onshore works plans: map index sheet	UK06-060700-DRW-0003	2
5.2	Onshore works plans – sheet 1	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 2	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 3	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 4	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 5	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 6	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 7	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 8	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 9	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 10	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 11	UK06-060700-DRW-0003	2
5.2	Onshore works plans – sheet 12	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 13	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 14	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 15	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 16	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 17	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 18	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 19	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 20	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 21	UK06-060700-DRW-0003	2
5.2	Onshore works plans – sheet 22	UK06-060700-DRW-0003	2
5.2	Onshore works plans – sheet 23	UK06-060700-DRW-0003	2
5.2	Onshore works plans – sheet 24	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 25	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 26	UK06-060700-DRW-0003	1
5.2	Onshore works plans – sheet 27	UK06-060700-DRW-0003	2
5.2	List of co-ordinates for onshore works – pages i to iv	UK06-060700-DRW-0003	2

5

The compensation compounds plan listed below—

PINS Document No.	Description of Plan	Report No.	Version
7.4.5.6	Compensation compounds plan – sheet 1	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 2	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 3	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 4	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 5	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 6	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 7	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 8	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 9	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 10	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 11	UK06-050709-DRW-0001	2
7.4.5.6	Compensation compounds plan – sheet 12	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 13	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 14	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 15	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 16	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 17	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 18	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 19	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 20	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 21	UK06-050709-DRW-0001	2
7.4.5.6	Compensation compounds plan – sheet 22	UK06-050709-DRW-0001	2
7.4.5.6	Compensation compounds plan – sheet 23	UK06-050709-DRW-0001	2
7.4.5.6	Compensation compounds plan – sheet 24	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 25	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 26	UK06-050709-DRW-0001	1
7.4.5.6	Compensation compounds plan – sheet 27	UK06-050709-DRW-0001	1

6

The environmental statement that accompanied the application.

7

The book of reference dated December 2015 (version 4).

8

The outline code of construction practice dated January 2015.

9

The outline ecological management plan dated November 2015 (version 2).

10

The outline landscape scheme and management plan dated January 2015.

11

The outline employment and skills plan dated November 2015 (referred to as the “Outline Supply Chain and Skills Plan”).

12

The in-principle monitoring plan dated November 2015 (version 2).

13

The C.GEN protective provisions plan submitted on 24th September 2015 (referred to as the “Hornsea Protective Provisions Plan”).

14

Plan HOW01095_4 submitted to North Lincolnshire Council to support planning application reference PA/2015/0398 (referred to in paragraph 2 of Part 12 of Schedule 12).

Signed

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Giles Scott — Head of Energy Infrastructure Planning and Coal Liabilities — Department for Business, Energy and Industrial Strategy — 16th August 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises the construction, operation and maintenance of up to 2 offshore wind farms with a combined capacity of up to 1,800 megawatts in the North Sea approximately 89 kilometres off the coast of Yorkshire together with associated development. This Order imposes requirements in connection with the development and authorises the compulsory purchase of land (including rights in land) and the right to use land and to override easements and other rights.

This Order also grants deemed marine licences under Part 4 of the Marine and Coastal Access Act 2009 in connection with the wind farms. The marine licences impose conditions in connection with the deposits and works for which they grant consent.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 40 (certification of plans, etc.) may be inspected free of charge at the offices of Dong Energy at 5 Howick Place, London SW1P 1WG.

Footnotes

[^f00001]: 2008 c.29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c.20). Section 74(2) was amended by paragraph 29(2) of that Schedule. Section 104(2) was amended by paragraph 49 of that Schedule and section 58 of the Marine and Coastal Access Act 2009 (c.23). Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, that Act.

[^f00002]: S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and 2012/787.

[^f00003]: 1961 c.33.

[^f00004]: 1965 c.56.

[^f00005]: 1980 c.66.

[^f00006]: 1981 c.66.

[^f00007]: 1989 c.29.

[^f00008]: 1990 c.8.

[^f00009]: 1991 c.22.

[^f00010]: 2003 c.21.

[^f00011]: 2004 c.20.

[^f00012]: 2009 c.23.

[^f00013]: The registered office of Breesea Limited is 5 Howick Place, London SW1P 1WG.

[^f00014]: “Highway” is defined in section 328(1). For “highway authority”, see section 1.

[^f00015]: S.I. 2014/3331, amended by S.I. 2015/1280 and 2016/471.

[^f00016]: The registered office of Heron Wind Limited is 5 Howick Place, London SW1P 1WG.

[^f00017]: 1991 c.57. “Main river” is defined in section 113(1). The definition was amended by section 59(3) of the Water Act 2014 (c.21).

[^f00018]: The registered office of Optimus Wind Limited is 5 Howick Place, London SW1P 1WG.

[^f00019]: Section 48 was amended by section 124(2) of the Local Transport Act 2008 (c.26).

[^f00020]: “Street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c.7).

[^f00022]: Paragraph 5 was amended by section 100 of the Natural Environment and Rural Communities Act 2006 (c.16), section 84(2) of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009, paragraph 49 of Schedule 2 to the Flood and Water Management Act 2010 (c.29) and paragraph 315 of Schedule 2 to S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995 (c.25) and section 224 of, and paragraph 24 of Schedule 16 and Part 5 of Schedule 22 to, the Marine and Coastal Access Act 2009. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.

[^f00023]: 1991 c.59. Section 23 was amended by paragraph 192 of Schedule 22 to the Environment Act 1995, paragraph 32 of Schedule 2 to the Flood and Water Management Act 2010 and S.I. 2013/755. Section 66 was amended by paragraph 38 of Schedule 2 to the Flood and Water Management Act 2010 and by section 86(3) of the Water Act 2014.

[^f00024]: 15 and 16 Vict. c. cxxx.

[^f00025]: 62 and 63 Vict. c. cci.

[^f00026]: 5 Edw. 7 c. clxxix.

[^f00027]: 1990 c.43. Section 82(1) was amended by paragraph 6 of Schedule 17 to the Environment Act 1995. Section 82(2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c.40) and paragraph 6 of Schedule 17 to the Environment Act 1995.

[^f00028]: 1974 c.40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c.55), paragraph 15 of Schedule 15 to the Environmental Protection Act 1990 and Schedule 24 to the Environment Act 1995.

[^f00029]: “Apparatus” is defined in sections 89(3) and 105(1).

[^f00030]: Sections 54, 55, 57, 59, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c.18).

[^f00031]: 1991 c.56. Section 106 was amended by section 35(8)(a) of the Competition and Service (Utilities) Act 1992 (c.43) and sections 36(2) and 99 of the Water Act 2003 (c.37). There are other amendments to this section which are not relevant to this Order.

[^f00032]: 1964 c.40.

[^f00033]: “Sewerage undertaker” is defined in Schedule 1 to the Interpretation Act 1978 (c.30).

[^f00034]: Section 152 was amended by S.I. 2009/1307.

[^f00035]: Section 4 is amended, from a date to be appointed, by sections 184 and 185 of, and paragraph 2 of Schedule 18 to, the Housing and Planning Act 2016 (c.22).

[^f00036]: Section 11(1) was amended by paragraph 14 of Schedule 4 to the Acquisition of Land Act 1981 and paragraph 12 of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1).

[^f00037]: Section 138 was amended by section 23(4) of the Growth and Industry Act 2013 (c.27).

[^f00038]: Section 125 was amended by paragraph 17 of Schedule 16 to the Housing and Planning Act 2016.

[^f00039]: Section 13 was amended by section 139 of, and paragraph 28(2) of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c.15).

[^f00040]: “Public utility undertaker” is defined in section 329.

[^f00041]: S.I. 1997/1160.

[^f00042]: Section 78 was amended by section 43(2) of the Planning and Compulsory Purchase Act 2004 (c.5), paragraph 3(b) of Schedule 10 to the Planning Act 2008, section 123(3) of, and paragraph 11 of Schedule 12 to, the Localism Act 2011, paragraph 8 of Schedule 1 to the Growth and Infrastructure Act 2013, paragraph 12 of Schedule 4 to the Infrastructure Act 2015 and paragraph 21 of Schedule 12 to the Housing and Planning Act 2016. Section 79 was amended by section 18 of, and paragraph 19 of Schedule 7 to, the Planning and Compensation Act 1991 (c.34), paragraph 4 of Schedule 10 to the Planning Act 2008 and paragraph 23 of Schedule 12 to the Housing and Planning Act 2016.

[^f00043]: S.I. 2009/3015.

[^f00044]: See section 104(1).

[^f00045]: The document is available from:

[^f00046]: 1973 c.26.

[^f00047]: Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c.15) and by paragraph 28 of Schedule 13 and Part 3 of Schedule 23 to that Act.

[^f00048]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c.34) and paragraph 70 of Schedule 1 to S.I. 2009/1307.

[^f00049]: Section 108 was amended by section 69(5) of the Energy Act 2008.

[^f00050]: See https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441130/371.pdf.

[^f00051]: S.I. 2002/1355, amended by S.I. 2011/982.