The East Anglia THREE Offshore Wind Farm Order 2017

• (2) The fact that any act or thing may have been done by a statutory undertaker on behalf of the undertaker or in accordance with a plan approved by a statutory undertaker or in accordance with any requirement of a statutory undertaker or under its supervision does not (subject to sub-paragraph (3)), excuse the undertaker from liability under the provisions of this sub-paragraph (1).

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

• (4) A statutory undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without first consulting the undertaker and considering their representations (such representations not to be unreasonably withheld or delayed).

Enactments and agreements

58

Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between the statutory undertaker and the undertaker, nothing in this Part of this Schedule must affect the provisions of any enactment or agreement regulating the relations between the undertaker and the statutory undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

59

• (1) Where in consequence of the proposed construction of any of the authorised works, the undertaker or a statutory undertaker requires the removal of apparatus under paragraph 52(2) or a statutory undertaker makes requirements for the protection or alteration of apparatus under paragraphs 54 and 55, the undertaker must use its best endeavours to co-ordinate the execution 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 the statutory undertaker’s undertaking and each statutory undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

• (2) For the avoidance of doubt whenever the statutory undertaker’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.

Access

60

If in consequence of the agreement reached in accordance with paragraph 51(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable the statutory undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

61

Save for differences or disputes arising under paragraph 52(2), 52(4), 53(1), 54, and 55 any difference or dispute arising between the undertaker and the statutory undertaker under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and the statutory undertaker, be determined by arbitration in accordance with article 33 (arbitration).

PART 6 — Protection for East Anglia ONE Offshore Wind Farm

Application

62

For the protection of the statutory undertaker the following provisions, unless otherwise agreed in writing between the undertaker and the statutory undertaker concerned, have effect.

Interpretation

63

In this Part of this Schedule—

• “1991 Act” means the New Roads and Street Works Act 1991;

• “alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of the statutory undertaker to enable the statutory undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means, electric lines or electrical plant as defined in the 1989 Act, belonging to or maintained by that undertaker;

• “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, across, along or upon such land;

• “maintain” and “maintenance” include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of the statutory undertaker including construct, use, repair, alter, inspect, renew or remove the apparatus;

• “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

• “undertaker” means the undertaker who owns and/or operates the transmission assets under this Order

• “statutory undertaker” means, for the area of the authorised development, and in relation to any apparatus, the statutory undertaker who owns and/or operates the transmission assets under the East Anglia ONE Order.

Apparatus of undertakers in stopped up streets

64

Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 10 (temporary stopping up of streets), a statutory undertaker may be at liberty at all times to take all necessary access across any such stopped up highway and/or to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway subject always to the undertaking of works by the undertaker authorised by this Order.

Acquisition of land

65

Regardless of any provision in this Order or anything shown on the land plan or contained in the book of reference to this Order, the undertaker must not acquire any interest in land or any apparatus or override any easement or other interest of the statutory undertaker otherwise than by agreement, such agreement not to be unreasonably withheld or delayed.

Removal of apparatus

66

• (1) If, in the exercise of the agreement reached in accordance with paragraph 65 or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed and any right of a statutory undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of the statutory undertaker in question in accordance with sub-paragraph (2) to (5) inclusive.

• (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 undertaker requires the removal of any apparatus placed in that land, it must give to the statutory undertaker 56 days’ advance written notice of that requirement (or such lesser period of notice agreed by the statutory undertaker, acting reasonably), 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 a statutory undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the statutory undertaker to their reasonable satisfaction (taking into account 67(1) below) the necessary facilities and rights —

• (a) For the construction of alternative apparatus in other land of the undertaker; and

• (b) subsequently for 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 undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the statutory undertaker must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible 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 the statutory undertaker to use its compulsory purchase powers to this end unless it elects to so do

• (4) Any alternative apparatus to be constructed in land of the undertaker must be constructed in such manner and in such line or situation as may be reasonably agreed between the statutory undertaker and the undertaker.

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

Facilities and rights for alternative apparatus

67

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

• (2) If the facilities and rights to be afforded by the undertaker and agreed with the statutory undertaker under 67(1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the statutory undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that statutory undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection: electricity undertakers

68

• (1) Not less than 56 days (or such lesser period agreed by the statutory undertaker, acting reasonably) before commencing the execution of any works authorised by this Order that are near to, or will or may affect any apparatus the removal of which has not been required by the undertaker under paragraph 66(2) or otherwise, the undertaker must submit to the statutory undertaker a plan.

• (2) In relation to works which will or may be situated on, over, under or within five metres measured in any direction of any apparatus, or involve embankment works within 5 metres of any apparatus, the plan to be submitted to the statutory undertaker under sub-paragraph (1) must be detailed including a material statement and describing—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation and positioning of plant;

• (d) the position of all apparatus; and

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus.

• (3) The undertaker must not commence the construction or renewal of any works to which sub-paragraph (1) or (2) applies until the statutory undertaker has given written approval of the plan so submitted.

• (4) Any approval of the statutory undertaker required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7);

• (b) must not be unreasonably withheld or delayed.

• (5) In relation to a work to which sub-paragraph (1) or (2) applies, the statutory undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus provided that such modifications are made within a period of 56 days beginning with the date on which the plan under sub-paragraph (1) is submitted to it (or such lesser period agreed by the statutory undertaker, acting reasonably). For the avoidance of doubt, provided that any further iterations of the plan submitted to the statutory undertaker for approval as a result of modifications required under this paragraph are not materially different to the modifications previously made by the statutory undertaker, any further required modifications will be made by the statutory undertaker as soon as reasonably practicable thereafter and in any event within 21 days of receipt of any further plans.

• (6) Works executed under this Order must be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub paragraph (2), as amended from time to time by agreement between the undertaker and the statutory undertaker and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (5) or (7) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker is entitled to watch and inspect the execution of those works.

• (7) Where statutory undertakers require any protective works to be carried out either themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to the statutory undertaker’s satisfaction prior to the carrying out of any works authorised by this Order or any relevant part thereof (unless otherwise agreed by the statutory undertaker, acting reasonably) and the statutory undertaker must give notice of such works as soon as reasonably practicable and in any event within 56 days from the date of submission of a plan in line with sub-paragraph (1) or (2) (except in an emergency).

• (8) If a statutory undertaker in accordance with sub-paragraph (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 62 to 64 and 67 to 68 apply as if the removal of the apparatus had been required by the undertaker under paragraph 66(2).

• (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works (unless otherwise agreed by the statutory undertaker, acting reasonably), a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (10) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to the statutory undertaker notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraph (5), (6) and (7) insofar as is reasonably practicable in the circumstances.

Expenses

69

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to the statutory undertaker on demand all charges, costs and expenses reasonably and properly incurred by that statutory undertaker in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to herein including without limitation—

• (a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that the statutory undertaker elects to use powers of compulsory acquisition to acquire any necessary rights under 66(3) all costs incurred as a result of such action;

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (d) the approval of plans;

• (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

• (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to herein.

• (2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions hereof and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

• (3) If in accordance with the provisions hereof —

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or in default of agreement settled by arbitration in accordance with article 33 (arbitration) of this Order to be necessary, then, if such placing involves cost in the construction of works under the provisions hereof exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs must be borne by the undertaker.

• (4) For the purposes of sub-paragraph (3)-

• (a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to the statutory undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Compensation

70

• (1) Subject to sub-paragraphs (2), (3) and (4), if by reason or in consequence of the construction of any such works authorised herein or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under the provisions herein or any subsidence resulting from any of these works), any damage is caused to any apparatus or alternative 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 the statutory undertaker, or there is any interruption in any service provided, or in the supply of any goods, by the statutory undertaker, or the statutory undertaker becomes liable to pay any amount to any third party, the undertaker must

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

• (b) compensate the statutory undertaker for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from the statutory undertaker, by reason or in consequence of any such damage or interruption or the statutory undertaker becoming liable to any third party in accordance with the provisions of this part.

• (2) The fact that any act or thing may have been done by the statutory undertaker on behalf of the undertaker or in accordance with a plan approved by the statutory undertaker or in accordance with any requirement of the statutory undertaker or under its supervision does not (subject to sub-paragraph (3)), excuse the undertaker from liability under the provisions of this paragraph.

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

• (4) The statutory undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without first consulting the undertaker and considering their representations (such representations not to be unreasonably withheld or delayed).

Enactments and agreements

71

Nothing herein affects the provisions of any enactment or agreement regulating the relations between the undertaker and the statutory undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

72

Where in consequence of the proposed construction of any of the authorised development, the undertaker or the statutory undertaker requires the removal of apparatus under paragraph 66(2) or a statutory undertaker makes requirements for the protection or alteration of apparatus under paragraph 68 the undertaker must use its best endeavours to co-ordinate the execution 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 the statutory undertaker’s undertaking and the statutory undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

Access

73

If in consequence of the agreement reached in accordance with paragraph 65 or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as enables the statutory undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

74

Save for differences or disputes arising under paragraph 66(2), 66(4), 67(1) and 68, any difference or dispute arising between the undertaker and the statutory undertaker must, unless otherwise agreed in writing between the undertaker and the statutory undertaker, be determined by arbitration in accordance with article 33 (arbitration) of the Order.

PART 7 — Protection for oil and gas licensees

Application

75

For the Protection of the Licensees from time to time of United Kingdom Petroleum Production Licence P1965, unless otherwise agreed in writing between the Undertaker and the Licensees the provisions of this part of this Schedule shall have effect.

Interpretation

76

In this Part of this Schedule—

• “Applicable Laws” means applicable laws, rules, orders, guidelines and regulations, including without limitation, those relating to health, safety and the environment and logistics activities such as helicopter and vessel operations;

• “Good Offshore Wind Farm Construction Practice” means the application of those methods and practices customarily used in construction of wind farms in the United Kingdom Continental Shelf with that degree of diligence and prudence reasonably and ordinarily exercised by experienced operators and contractors engaged in the United Kingdom Continental Shelf in a similar activity under similar circumstances and conditions;

• “Good Oilfield Practice” means the application of those methods and practices customarily used in good and prudent oil and gas field practice in the United Kingdom Continental Shelf with that degree of diligence and prudence reasonably and ordinarily exercised by experienced operators engaged in the United Kingdom Continental Shelf in a similar activity under similar circumstances and conditions;

• “Guidance” means the “Oil and gas clause in Crown Estate leases, Guidance on procedures for independent valuation where necessary” published by the Department of Energy and Climate Change in June 2014, or any similar supplementary or replacement policy;

• “Licence” means United Kingdom Petroleum Production Licence P.1965;

• “Licensee” means the licensee from time to time of the Licence;

• “Licensees’ Works” means any infrastructure to be installed owned and occupied or maintained by or on behalf of the Licensees or exploration, appraisal, development and decommissioning activities (and associated logistics activities), by the Licensees in connection with the Licence within the Protected area;

• “Ministerial Statement” means the written statement given by the Secretary of State for Energy and Climate Change to the UK Parliament regarding Crown Estate Leases for Offshore Renewables Projects on 12 July 2011, or any similar supplementary or replacement policy;

• “Plan of the Licensees’ Works” means an exploration and development programme and details and location of Licensees’ Works and minimum requirements known at that time such as exclusive zones in accordance with Good Oilfield Practice and Applicable Laws to enable the Licensees to, as applicable, explore, appraise, develop and/or decommission hydrocarbon resources within the Protected area;

• “Plan of the Undertakers’ Works” means a construction programme and details of location of the Undertakers’ Works and minimum requirements known at that time such as safety and exclusion zones in accordance with Good Offshore Wind Farm Construction Practice and Applicable Laws to enable the Undertaker to construct and operate the Undertakers’ Works within the Protected area;

• “the Protected area” means the area coloured green on the Protective Provisions Plan (that area coloured green being delineated by a line drawn between the points in the Table of Co-ordinates);

• “the Protective Provisions Plan” means the plan entitled Protective Provisions Plan and certified as the Protective Provisions Plan for the purposes of this Part of this Schedule;

• “Proximity Agreement” means an agreement between the Undertaker and the Licensees to reconcile and protect the interests of the parties as are known at the time to secure the implementation of the Undertakers’ Works and the Licensees’ Works, taking account of the matters in paragraph 84;

• “the Table of Co-ordinates” means the following table—AreaLabel PointLatitude X (European Datum 1950 UTM Zone 31N)Longitude Y (European Datum 1950 UTM Zone 31N)1A483,799.575,834,052.15B494,193.525,830,959.70C490,468.865,823,847.11D483,750.965,823,832.512E500,000.005,846,795.24F502,637.555,847,084.40G500,000.005,842,047.75

• “Undertakers’ Works” means the works permitted in this Order within the Protected area.

Proximity Agreement

77

Save as provided in paragraphs 83 and 85 no part of the Undertakers’ Works shall commence until either—

• (i) a Proximity Agreement has been concluded between the Undertaker and the Licensees in respect of that part of the Undertakers’ Works; or

• (ii) the Undertaker and the Licensees shall have agreed in writing that no Proximity Agreement is required in respect of that part of the Undertakers’ Works

78

Preparation of a Proximity Agreement must commence when the Undertaker serves Notice on the Licensees of the Undertaker’s intention to commence any part of the Undertaker’s Works

79

Any such notice must be served within no less than 12 months of the intended commencement date of that part of the Undertakers’ Works and within no less than 12 months of the grant of the Order and shall include a Plan of that part of the Undertakers’ Works and a request to the Licensees to produce a Plan of the Licensees’ Works

80

In response to the notice the Licensee shall produce a Plan of the Licensees’ Works within 28 days of service of the notice.

81

Preparation of a Proximity Agreement must be concluded within 3 months of the date for production of the Plan of the Licensees’ Works under paragraph 80 above

82

If the Undertaker considers that the Plan of the Licensees’ Works produced pursuant to paragraph 80 above provides insufficient detail of—

• (i) the existence of a realistic oil and gas prospect within the Protected area and/or

• (ii) the nature and location of the Licensees’ Works in order to enable the Undertaker to define or mitigate the effects of the Undertakers’ Works on the Licensees’ Works and/or

• (iii) any area of sea required for the Licensees’ Works having been minimised in light of (i) above

to enable a Proximity Agreement to be concluded which contains ongoing limitations on the programming siting design construction or operation of the Undertakers’ Works or the Order works the Undertaker must notify the Licensees of the additional detail required whereupon the Licensees must provide all such additional detail within 28 days of such notification by the Undertaker.

83

Paragraph 77 shall not apply if the plan of the Licensees’ Works or additional detail provided pursuant to paragraph 82 above provides insufficient detail for the purposes set out in paragraph 82 above.

84

The Proximity Agreement must be based on the Plan of the Licensees’ Works and the Plan of the Undertakers’ Works and must take account of—

• (i) the nature and location of the Licensees’ Works on any Plan of the Licensees’ Works as known at that time

• (ii) the location and extent of sea required for the Licensees’ Works (including all applicable exclusive zones) on any Plan of the Licensees’ Works as known at that time

• (iii) all such evidence as is available at the time to support the existence of an oil and gas prospect within the Protected area

• (iv) the ability of the Licensees to reduce or remove its sea area requirement under (ii) above in light of evidence at (iii) above, whether with immediate effect or at a specified later date

• (v) the date by which the Licensees will seek to commence exploitation, or at which works of exploration, will cease as known at that time

• (vi) the siting and design of the Undertakers’ Works on any Plan of the Undertakers’ Works as known at that time

• (vii) the minimum feasible exclusive zones, buffer zones or safety zones required for safe construction and operation between the Undertakers’ Works and the Licensees’ Works

• (viii) protocols protective of navigation communication and use of the sea by third parties

• (ix) possible future transfer of the benefit of this Order or of the Licence

• (x) the desirability of co-existence and the ongoing commercial viability of the authorised development permitted under this Order together with exploration for and commercial exploitation of oil and gas within the Protected area

Arbitration

85

If no Proximity Agreement is concluded or the parties shall not have agreed whether paragraph 83 applies within the period specified in paragraph 81 the outstanding matters in dispute must be referred to an arbitrator and the Undertakers’ Works must not commence until the determination of the arbitrator has been made and must only be implemented in accordance with the arbitrator’s determination which is final and binding on the parties (save for manifest or legal error)—

• (i) the arbitration shall be decided by a sole arbitrator whose appointment shall be agreed by the parties

• (ii) the arbitrator shall be a person (including one who has retired) with not less than ten years’ experience of offshore oil and gas development or offshore wind farm development or as a lawyer or other professional advisor serving those industries

• (iii) where the parties fail to agree to appoint an arbitrator within 28 days of the delivery of a notice of arbitration, then upon application the Secretary of State will appoint an arbitrator within 28 days. At any time prior to the appointment by the Secretary of State the parties may make an appointment

• (iv) the intention of the parties is that, so far as is practical, the arbitrator should make a determination within 3 months of appointment

• (v) the seat of arbitration shall be London

Provision of information

86

Without prejudice to any other rights or obligations under this Part of the Schedule the Licensees and the Undertaker shall from time to time keep each other informed of relevant activities such that the Licensees and the Undertaker may seek to agree solutions to allow the Undertakers’ works and the Licensees’ works to successfully co-exist as far as reasonably practicable or if later until completion of activities required under any statutory decommissioning plan required under the Petroleum Act 1998 in relation to the Licence and taking place within the Protected area

Compensation

87

Nothing in this Part of the Schedule shall affect any rights or obligations or assessment of compensation in accordance with the Ministerial Statement and the Guidance (as applicable)

SCHEDULE 9 — Hedgerows

PART 1 — Removal of hedgerows

(1) Area	(2) Reference of hedgerow
Suffolk Coastal District	The hedgerow marked 3 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 7 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 8 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 9 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 10 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 11 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 18 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 20 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 26 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 28 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 29 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 30 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 35 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 37 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 40 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 43 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 49 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 50 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 51 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 52 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 55 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 56 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 59 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 60 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 71 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 81 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 85 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 93 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 96 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 105 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 111 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 122 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 126 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 127 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 132 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 141 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 147 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 148 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 153 on the hedgerows plan
Suffolk Coastal District	The hedgerow marked 163 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 180 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 183 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 184 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 185 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 196 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 197 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 198 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 199 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 200 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 201 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 202 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 205 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 206 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 216 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 229 on the hedgerows plan
Mid Suffolk District	The hedgerow marked 230 on the hedgerows plan

PART 2 — Removal of important hedgerows

(1) Area	(2) Reference of hedgerow
Suffolk Coastal District	The important hedgerow marked 1 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 2 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 4 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 5 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 6 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 12 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 13 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 14 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 15 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 16 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 17 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 19 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 21 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 22 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 23 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 24 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 25 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 27 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 31 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 32 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 33 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 34 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 36 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 38 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 39 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 41 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 42 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 44 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 45 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 46 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 47 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 48 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 53 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 54 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 57 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 58 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 61 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 62 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 63 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 64 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 65 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 66 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 67 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 68 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 69 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 70 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 72 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 73 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 74 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 75 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 76 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 77 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 78 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 79 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 80 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 82 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 83 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 84 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 86 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 87 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 88 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 89 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 90 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 91 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 92 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 94 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 95 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 97 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 98 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 99 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 100 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 101 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 102 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 103 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 104 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 106 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 107 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 108 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 109 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 110 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 112 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 113 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 114 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 115 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 116 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 117 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 118 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 119 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 120 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 121 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 123 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 124 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 125 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 128 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 129 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 130 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 131 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 133 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 134 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 135 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 136 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 137 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 138 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 139 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 140 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 142 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 143 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 144 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 145 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 146 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 149 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 150 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 151 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 152 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 154 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 155 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 156 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 157 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 158 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 159 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 160 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 161 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 162 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 164 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 165 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 166 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 167 on the hedgerows plan
Suffolk Coastal District	The important hedgerow marked 168 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 169 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 170 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 171 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 172 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 173 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 174 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 175 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 176 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 177 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 178 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 179 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 181 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 182 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 186 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 187 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 188 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 189 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 190 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 191 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 192 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 193 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 194 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 195 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 203 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 204 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 207 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 208 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 209 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 210 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 211 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 212 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 213 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 214 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 215 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 217 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 218 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 219 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 220 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 221 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 222 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 223 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 224 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 225 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 226 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 227 on the hedgerows plan
Mid Suffolk District	The important hedgerow marked 228 on the hedgerows plan

SCHEDULE 10 — Deemed licence under the 2009 Act – generation assets (licence 1 – phase 1)

PART 1 — Licensed marine activities

1

• (1) In this licence—

• “the 2004 Act” means the Energy Act 2004[^f00039];

• “the 2007 Regulations” means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007[^f00040];

• “the 2009 Act” means the Marine and Coastal Access Act 2009[^f00041];

• “authorised deposits” means the substances and articles specified in paragraph 4 of Part 1 of this licence;

• “authorised scheme” means Work No. 1 described in paragraph 3 of Part 1 of this licence or any part of that work;

• “buoy” means any floating device used for navigational purposes or measurement purposes, including LiDAR buoys, wave buoys and guard buoys;

• “cable protection” means measures for cable crossings and where cable burial is not possible due to ground conditions, to protect cables and prevent loss of seabed sediment by use of grout bags, protective aprons, mattresses, flow energy dissipation (frond) devices or rock and gravel dumping;

• “Cefas” means the Centre for Environment, Fisheries and Aquaculture Science or any successor body to its function;

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

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

• “Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands B75 7RL and any successor body to its functions;

• “draught height” means the distance between the lowest point of the rotating blade of the wind turbine generator and MHWS;

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

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

• “European offshore marine site” has the meaning given in regulation 15 of the 2007 Regulations;

• “European site” has the meaning given in regulation 24 of the 2007 Regulations;

• “gravity base foundation” means a structure principally of steel, concrete, or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

• “habitat of principal importance” means a habitat type designated pursuant to section 41 of the Natural Environment and Rural Communities Act 2006[^f00042]

• “in principle monitoring plan” means the document certified as the in principle monitoring plan by the Secretary of State for the purposes of the Order;

• “jacket foundation” means a steel jacket/ lattice-type structure constructed of steel which is fixed to the seabed at two or more points with steel pin piles or steel suction caissons and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment, and “discrete jacket foundation types” includes pre-piled or post-piled jackets, three-legged or four legged jackets, or straight or battered leg jackets;

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

• “LAT” means lowest astronomical tide;

• “licence 2 (generation)” means the licence set out in Schedule 11 (deemed licence under the 2009 Act – generation assets (licence 2 – phase 2));

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

• “maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace (but only in relation to any of the ancillary works in Part 2 of Schedule 1 (ancillary works) to the Order and any component part of any wind turbine generator, offshore electrical station, accommodation platform or meteorological mast described in Part 1 of Schedule 1 (authorised development) to the Order not including the alteration, removal or replacement of foundations), to the extent assessed in the environmental statement; and “maintenance” must be construed accordingly;

• “Marine Management Organisation” or “MMO” means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence;

• “MCA” means the Maritime and Coastguard Agency;

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

• “meteorological mast” means a mast housing equipment to measure wind speed and other wind characteristics, including a topside housing electrical, communication and associated equipment and marking and lighting;

• “monopile foundation” means a steel pile, typically cylindrical, driven and/ or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

• “notice to mariners” means a notice issued by the undertaker to mariners to inform them of issues that affect the safety of navigation;

• “offshore cables” means any Alternating Current (AC) or Direct Current (DC) cables offshore and includes fibre optic cables either within the cable or laid alongside;

• “offshore Order limits” means the limits shown on the works plan within which the authorised scheme may be carried out, whose grid coordinates are set out in paragraph 5 of Part 1 of this licence;

• “offshore platform” means any offshore electrical station and any offshore accommodation platform;

• “the Order” means the East Anglia THREE Offshore Wind Farm Order 2017;

• “outline navigation monitoring strategy” means the document certified as the outline navigation monitoring strategy by the Secretary of State for the purposes of the Order;

• “outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of the Order;

• “outline written scheme of investigation (offshore)” means the document certified as the outline written scheme of investigation (offshore) by the Secretary of State for the purposes of the Order;

• “relevant site” means a European offshore marine site and a European site;

• “single offshore phase” means carrying out all offshore works as a single construction operation;

• “statutory historic body” means Historic England or its successor in function;

• “suction caissons” means large diameter steel cylindrical shells which penetrate the seabed assisted by hydrostatic pressure differential for fixity of steel jacket foundations;

• “suction caisson foundation” means a tubular steel structure which penetrates the seabed assisted by a hydrostatic pressure differential and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

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

• “two offshore phases” means carrying out the offshore works as two separate construction operations pursuant to the deemed marine licences set out in schedules 10, 12 and 14 (Licence 1 – Phase 1) of the Order and schedules 11, 13 and 15 (Licence 2 – Phase 2) of the Order respectively;

• “UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

• “undertaker” means East Anglia THREE Limited;

• “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 and which is at the time in, on or over water;

• “wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, fixed to a foundation;

• “Work No. 2” means the offshore electrical stations;

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

• (2) A reference to any statute, order, regulation or similar instrument is construed as a reference to a 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 taken to be Greenwich Mean Time (GMT);

• (b) all co-ordinates are taken to be latitude and longitude degrees and minutes to two decimal places.

• (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 are—

• (a) Marine Management Organisation

Offshore Marine Licensing

Lancaster House

Hampshire Court

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032;

• (b) Marine Management Organisation (local office)

Marine Environment Team

Pakefield Road

Lowestoft

Suffolk

NR33 0HT;

• (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 2/20, Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 020 3817 2433;

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

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244;

• (g) Natural England

Area 1C, Nobel House

17 Smith Square

London

SW1P 2AL

Tel: 0300 060 4911;

• (h) Historic England

Eastgate Court

195-205 High Street

Guildford

GU1 3EH

Tel: 01483 252 059.

Details of licensed marine activities

2

Subject to the licence conditions, this licence authorises the undertaker (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) of the 2009 Act—

• (a) the deposit at sea of the substances and articles specified in paragraph 4 below;

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

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

• (d) the disposal of up to 1,646,317 m³ of inert material of natural origin within the offshore Order limits produced during construction drilling or seabed preparation for foundation works and cable sandwave preparation works at disposal site reference HU212 within the extent of the Order limits seaward of MHWS, comprising—

• (i) 47,342 m³ for cable installation;

• (ii) 1,505,000 m³ for the wind turbine generators;

• (iii) 73,225 m³ for the accommodation platform (which may alternatively be disposed under licence 2 (generation)); and

• (iv) 20,750 m³ for the meteorological masts (10,375 m³ or all of which may alternatively be disposed under licence 2 (generation)).

3

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

• (1) Work No. 1 (phase 1)—

• (a) an offshore wind turbine generating station with a gross electrical output capacity of up to 600 MW comprising up to 86 wind turbine generators each fixed to the seabed by one of four foundation types (namely, monopile, jacket, suction caisson or gravity base), fitted with rotating blades and situated within the area shown on the works plan and further comprising (b) to (e) below;

• (b) up to one accommodation platform fixed to the seabed within the area shown on the works plan by one of two foundation types (namely jacket or gravity base) (which may alternatively be constructed under licence 2 (generation));

• (c) up to two meteorological masts fixed to the seabed within the area shown on the works plan by one of four foundation types (namely monopile, jacket, suction caisson or gravity base) (one or both of which may alternatively be constructed under licence 2 (generation));

• (d) up to 12 buoys fixed to the seabed within the area shown on the works plan (some or all of which may alternatively be constructed under licence 2 (generation));

• (e) a network of subsea inter-array cables within the area shown on the works plan between the wind turbine generators and between the wind turbine generators and Work No.2 including one or more cable crossings.

• (2) In connection with such Work No. 1 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised scheme and which fall within the scope of the work assessed by the environmental statement and the provisions of this licence.

• (3) In connection with such Work No. 1, ancillary works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

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

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

4

The substances or articles authorised for deposit at sea are—

• (a) iron and steel, copper and aluminium;

• (b) stone and rock;

• (c) concrete;

• (d) sand and gravel;

• (e) plastic and synthetic;

• (f) material extracted from within the offshore Order limits during construction drilling or seabed preparation for foundation works and cable sandwave preparation works; and

• (g) marine coatings, other chemicals and timber.

5

The grid coordinates for the authorised scheme are specified below—

Point	Latitude (DMS)	Longitude (DMS)	Point	Latitude (DMS)	Longitude (DMS)
1	52° 30′ 20.026″N	2° 48′ 33.266″E	3	52° 45′ 10.569″N	2° 45′ 33.773″ E
2	52° 31′ 32.067″N	2° 45′ 31.868″E	4	52° 46′ 18.078″N	3° 02′ 15.841″ E

6

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 2004 Act, including any modification to the programme under section 108, and the completion of such programme has been confirmed by the Secretary of State in writing.

7

The provisions of section 72 of the 2009 Act apply to this licence except that the provisions of section 72(7) relating to the transfer of the licence only apply to a transfer not falling within article 5 (benefit of the Order).

8

With respect to any condition which requires the licensed activities be carried out in accordance with the plans, protocols or statements approved under this Schedule, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the MMO.

9

Any amendments to or variations from the approved plans, protocols or statements must be minor or immaterial where it has been demonstrated that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

PART 2 — Conditions

Design parameters

1

• (1) Subject to paragraph (3), wind turbine generators forming part of the authorised scheme must not—

• (a)

exceed a height of 247 metres when measured from LAT to the tip of the vertical blade;

• (b) exceed a height of 150.6 metres to the height of the centreline of the generator shaft forming part of the hub when measured from LAT;

• (c) exceed a rotor diameter of 220 metres;