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The Norfolk Vanguard Offshore Wind Farm Order 2020

Type Statutory-Instrument

Publication 2020-07-01

Last updated 2023-05-03

State In force

Department King's Printer of Acts of Parliament

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(c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

66

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part I (the provision of services) of the Railways Act 1993.

67

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 6 (transfer of benefit of Order) of this Order in relation to railway property or any specified works and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

(a) the nature of the application to be made;

(b) the extent of the geographical area to which the application relates; and

68

The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 37 (certification of plans etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in electronic form specified by Network Rail.

69

In relation to any dispute arising under this Part that is referred to arbitration in accordance with article 38 (arbitration) of this Order, the parties agree that the timetable referred to within Paragraph 3 of Schedule 14 (Arbitration Rules) will be amended where Network Rail can demonstrate that it is unable (acting reasonably) to comply with the time limit due to timing constraints that may arise for Network Rail in obtaining clearance conditions and/or any engineering regulatory or stakeholder (internal or external) consents and/or assessing any matters of concern with regards to the safe operation of the railway.

PART 6 — For the Protection of Anglian Water Services Limited

70

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

(2) In this Part—

“Anglian Water” means Anglian Water Services Limited (company number 02366656) whose registered office is at Lancaster House, Lancaster Way, Ermine Business Park, Huntington, Cambridgeshire PE29 6XU;

“apparatus” means any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage andany drain or works vested in Anglian Water under The Water Industry Act 1991,any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00063] (adoption of sewers and disposal works) of The Water Industry Act 1991 or an agreement to adopt made under section 104[^f00064] (agreements to adopt sewer, drain or sewage disposal works at future date) 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 (general interpretation) of that Act) and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus.

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

“undertaker” means the undertaker under article 2 of this Order

“functions” includes powers and duties

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and

“plan” includes sections, drawings, specifications and method statements.

(3) The undertaker must not interfere with, build over or near to any apparatus within the Order Land or execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within the standard protection strips which are the strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus:

(a) 2.25 metres where the diameter of the pipe is less than 150 millimetres, 3 metres where the diameter of the pipe is between 150 and 450 millimetres,

(b) 4.5 metres where the diameter of the pipe is between 450 and 750 millimetres and

unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and such provision being brought to the attention of any agent or contractor responsible for carrying out any work on behalf of the undertaker.

(4) The alteration, extension, removal or re-location of any apparatus must not be implemented until

(a) any requirement for any permits under the Environmental Permitting Regulations 2010 or other legislations 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 re-location are approved, such approvals from Anglian Water not to be unreasonably withheld or delayed; and

(b) the undertaker has made the appropriate application required under the Water Industry Act 1991 together with a plan and section of the works proposed and Anglian Water has agreed all of the contractual documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed; and such works to be executed only in accordance with the plan, section 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.

(5) In the situation, where in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which Apparatus is placed and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension shall 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. Anglian Water must use all reasonable endeavours to establish contingency arrangements in a timely manner.

(6) Regardless of any provision in this Order or anything shown on any plan, the 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 undertaker shall, 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 38 (Arbitration).

(7) If the undertaker is unable to create the new rights referred to in sub-paragraph (6), Anglian Water must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible, use its reasonable endeavours to obtain the necessary rights.

(8) If in consequence of the exercise of the powers conferred by the Order the access to any apparatus is materially obstructed the undertaker shall provide such alternative means of access to such apparatus as will enable Anglian Water to maintain or use the apparatus no less effectively than was possible before such obstruction, or alternatively such means of access as may be agreed with Anglian Water, acting reasonably.

(9) If in consequence of the exercise of the powers conferred by the Order, previously unmapped sewers, lateral drains or other apparatus are identified by the company, notification of the location of such assets will immediately be given to Anglian Water and afforded the same protection of other Anglian Water assets.

(10) If for any reason or in consequence of the construction of any of the works referred to in paragraphs (4) to (6) and (8) above 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 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 reasonably necessary expenses, loss, damages, penalty or costs incurred by Anglian Water

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

(11) Anglian Water 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 acting reasonably.

(12) Nothing in sub-paragraph (10) above imposes any liability on the undertaker with respect to—

(a) 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; and

(b) any authorised works and/or any other works authorised by this Part carried out by Anglian Water as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 6 (Benefit of order).

(13) Anglian Water must use its reasonable endeavours to mitigate and minimise any claim, costs, expenses, loss, demands and penalties pursuant to sub-paragraph (11). If requested to do so by the undertaker, Anglian Water shall provide an explanation of how the claim has been minimised.

(14) 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 38(arbitration).

PART 7 — For the protection of the Environment Agency and drainage authorities

71

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

72

In this Part—

“construction” includes execution, placing, altering, replacing, relaying and removal; and

“construct” and “constructed” must be construed accordingly;

“drainage authority” means—in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibitions of obstructions etc in watercourses) of the Land Drainage Act 1991[^f00065]; andin relation to a main river or any sea defence work, the Environment Agency;

“drainage work” means any watercourse and includes any land that provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence, sea defence or tidal monitoring;

“ordinary watercourse” has the meaning given in the Land Drainage Act 1991[^f00066];

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

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to—affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;affect the flow, purity, or quality of water in any watercourse; oraffect the conservation, distribution or use of water resources.

73

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

(2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 71.

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

(a) must not be unreasonably withheld or delayed;

(b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval (or submission of further particulars if required by the drainage authority under sub–paragraph (1)) or, in the case of a refusal, if it is not accompanied by a statement of the grounds of refusal; and

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

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

74

Without limiting paragraph 71, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage; or

(b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased, by reason of any specified work.

75

(1) Subject to sub–paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 72, must be constructed—

(a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part; and

(b) to the reasonable satisfaction of the drainage authority, and an officer of the drainage authority is entitled to watch and inspect the construction of such works.

(2) The undertaker must give to the drainage authority—

(a) not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and

(b) notice in writing of its completion not later than 7 days after the date on which it is brought into use.

(3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.

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

(5) Subject to sub–paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub–paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice, and any expenditure incurred by it in so doing is recoverable from the undertaker.

(6) In the event of any dispute as to whether sub–paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub–paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in emergency exercise the powers conferred by sub–paragraph (4) until the dispute has been finally determined.

76

(1) Subject to sub–paragraph (5) the undertaker must from the commencement of the construction of any specified work maintain in good repair and condition and free from obstruction any drainage work that is situated within the limits of deviation on land held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any drainage work that the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.

(3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub–paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub–paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub–paragraph (3) until the dispute has been finally determined.

(5) This paragraph does not apply to—

(a) drainage works that are vested in the drainage authority or that the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

(b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part.

77

If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or the drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.

78

The undertaker must compensate the drainage authority in respect of all costs, charges and expenses that the drainage authority may reasonably incur, have to pay or may sustain—

(a) in the examination or approval of plans under this Part;

(b) in inspecting the construction of any specified work or any protective works required by the drainage authority under this Part; and

(c) in carrying out of any surveys or tests by the drainage authority that are reasonably required in connection with the construction of the specified work.

79

(1) Without limiting the other provisions of this Part, the undertaker must compensate the drainage authority in respect of all claims, demands, proceedings, costs, damages, expenses or loss that may be made or taken against, recovered from or incurred by, the drainage authority by reason of—

(a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(b) any raising or lowering of the water table in land adjoining the authorised development or any sewers, drains and watercourses; or

(d) where the drainage authority is the Environment Agency, inadequate water quality in any watercourse or other surface waters or in any groundwater, that is caused by the construction of any specified work by the undertaker or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

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

80

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

81

Any dispute between the undertaker and the drainage authority under this Part, if the parties agree, must be determined by arbitration under article 38 (arbitration), but otherwise must be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Energy Security and Net Zero acting jointly on a reference to them by the undertaker or the drainage authority, after notice in writing by one to the other.

PART 8 — For the protection of Ørsted Hornsea Project Three (UK) Ltd

82

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

83

In this Part—

“apparatus” means the cables, structures or other infrastructure owned, occupied or maintained by Orsted or its successor in title within the Hornsea Three Order Land;

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

“Crossing Area” means the land within land parcel 21/08 shown on the land plans and described in the book of reference;

“Orsted” means an undertaker with the benefit of all or part of the Hornsea Three Order for the time being;

“Hornsea Three Order” means any development consent order made by the Secretary of State in relation to Hornsea Three Offshore Wind Farm following the application of 14 May;

“Hornsea Three Order land” means Order land as defined in the Hornsea Three Order;

“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 Three Order land;

“proposed Hornsea Three Cable Corridor” means the proposed location for any electrical circuit(s) and construction compound(s) permitted by the Hornsea Three Order within the Hornsea Three Order land;

“specified works” means so much of any works or operations authorised by this Order (or authorised by any planning permission intended to operate in conjunction with this Order) as is—within the Crossing Area;in, on, under, over or within 25 metres of the proposed Hornsea Three Cable Corridor or any apparatus; ormay in any way adversely affect any apparatus.

84

The consent of Orsted under this Part is not required where the Hornsea Three Order has expired without the authorised development having been commenced pursuant to requirement 1 of Schedule 2 to the Hornsea Three Order.

85

Where conditions are included in any consent granted by Orsted 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 Orsted.

86

The undertaker must not under the powers of this Order—

(a) acquire, extinguish, suspend, override or interfere with any rights that Orsted has in respect of any apparatus or the proposed Hornsea Three Cable Corridor;

(b) acquire the Hornsea Three Order land or acquire any new rights or impose restrictive covenants or exercise any powers of temporary use over or in relation to the Hornsea Three Order land without the consent of Orsted, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions.

87

(1) The undertaker must not under the powers of this Order carry out any specified works without the consent of Orsted, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions and if Orsted does not respond within 30 days then consent is deemed to be given.

(2) Subject to obtaining consent pursuant to sub-paragraph (1) and before beginning to construct any specified works, the undertaker must submit plans of the specified works to Orsted and must submit such further particulars available to it that Orsted may reasonably require.

(3) Any specified works must be constructed without unreasonable delay in accordance with the plans approved in writing by Orsted.

(4) Any approval of Orsted required under this paragraph may be made subject to such reasonable conditions as may be required for the protection or alteration of any apparatus or the proposed Hornsea Three Cable Corridor or for securing access to any apparatus or the proposed Hornsea Three Cable Corridor;

(5) Without limiting sub-paragraph (1), it is not reasonable for Orsted to withhold or delay any consent or approval under this Part in relation to specified works in, on, under, or over the Crossing Area solely on the basis of thermal interaction where the plans of the specified works submitted under sub-paragraph (2) demonstrate that all reasonable steps have been taken to minimise thermal interaction between the specified works and any apparatus or the proposed Hornsea Three Cable Corridor.

(6) Where Orsted requires any protective works to be carried out either by themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to Orsted’s reasonable satisfaction.

(7) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any specified works, new plans instead of the plans previously submitted, and the provisions of this paragraph shall apply to and in respect of the new plans.

88

(1) The undertaker must give to Orsted not less than 28 days’ written notice of its intention to commence the construction of the specified works and, not more than 14 days after completion of their construction, must give Orsted written notice of the completion.

(2) The undertaker is not required to comply with paragraph 87 or sub-paragraph (1) in a case of emergency, but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonable practicable subsequently and must comply with paragraph 87 in so far as is reasonably practicable in the circumstances.

89

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

90

(1) 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 Orsted requiring the undertaker to do so, remove the temporary works in, on, under, over, or within the Crossing Area.

(2) If the undertaker fails to remove the temporary works within a reasonable period of receipt of a notice pursuant to sub-paragraph (1), Orsted may remove the temporary works and may recover the reasonable costs of doing so from the undertaker.

91

If in consequence of the exercise of the powers conferred by 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 Orsted to maintain or use the apparatus no less effectively than was possible before the obstruction.

92

The undertaker must not exercise the powers conferred by this Order to prevent or interfere with the access by Orsted to the proposed Hornsea Three Cable Corridor.

93

To ensure its compliance with this Part, the undertaker must before carrying out any works or operations pursuant to this Order within the Crossing Area request up-to-date written confirmation from Orsted of the location of any apparatus or the proposed Hornsea Three Cable Corridor.

94

The undertaker and Orsted 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.

95

The undertaker must pay to Orsted the reasonable expenses incurred by Orsted in connection with the approval of plans, inspection of any specified works or the alteration or protection of any apparatus or the proposed Hornsea Three Cable Corridor.

96

(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any specified works, any damage is caused to any apparatus or there is any interruption in any service provided, or in the supply of any goods, by Orsted, or Orsted becomes liable to pay any amount to any third party, the undertaker must—

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

(b) compensate Orsted for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Orsted, by reason or in consequence of any such damage or interruption or Orsted becoming liable to any third party as aforesaid.

(2) 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 act, neglect or default of Orsted, its officers, servants, contractors or agents.

(3) Orsted must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made, unless payment is required in connection with a statutory compensation scheme without first consulting the undertaker and considering its representations.

(4) Orsted must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 96 applies. If requested to do so by the undertaker, Orsted shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 96 for claims reasonably incurred by Orsted.

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

97

Any dispute arising between the undertaker and Orsted under this Part must be determined by arbitration under article 38 (arbitration).

Signed

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

Gareth Leigh — Head of Energy Infrastructure Planning — Department for Business, Energy and Industrial Strategy — 1st July 2020

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises Norfolk Vanguard Limited to construct, operate and maintain a generating station located in the North Sea approximately 47km from the Norfolk coast, together with all necessary and associated development. For the purposes of the development that it authorises Norfolk Vanguard Limited is authorised by this Order compulsorily or by agreement to purchase land and rights in land to use land, as well as to override easements and other rights. This Order also provides a defence in proceedings in respect of statutory nuisance and to discharge water. The Order imposes requirements in connection with the development for which it grants development consent.

This Order also grants deemed marine licences for the marine licensable activities, being the deposit of substances and articles and the carrying out of works, involved in the construction of the generating station and associated development. The deemed marine licences impose conditions in connection with the deposits and works for which they grant consent.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 37 (certification of plans and documents, etc.) may be inspected free of charge on the website of the Planning Inspectorate (only during periods where restrictions on movement are in place under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 350)) or thereafter at the offices of North Norfolk District Council, Council Offices, Holt Road, Cromer, NR27 9EN.

Footnotes

[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^f00002]: Section 61 was amended by section 128(2) and Schedule 13, paragraph 18 to the Localism Act 2011 and by section 26 of the Infrastructure Act 2015 (c. 7). Section 65 was amended by Schedule 13 paragraph 22(2) and Schedule 25, paragraph 1 to the Localism Act 2011 and by section 27(1) of the Infrastructure Act 2015.

[^f00003]: Section 65 was amended by Schedule 13 paragraph 22(2) and Schedule 25, paragraph 1 to the Localism Act 2011 and by section 27(1) of the Infrastructure Act 2015.

[^f00004]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00005]: Section 74 was amended by sections 128(2) and 237 and by Schedule 13, paragraph 29 and Schedule 25, paragraph 1, to the Localism Act 2011.

[^f00006]: S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I. 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in regulation 37(2) of that instrument.

[^f00007]: Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 128(2) of the and Schedule 13, paragraphs 1 and 49(1) to (6) of the Localism Act 2011.

[^f00008]: Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013 (c. 27).

[^f00009]: Sections 114,115 and 120 were amended by sections 128(2) and 140 and Schedule 13, paragraphs 1, 55(1), (2) and 60(1) and (3) of the Localism Act 2011. Relevant amendments were made to section 115 by section 160(1) to (6) of the Housing and Planning Act 2016 (c. 22).

[^f00010]: 1961 c. 33.

[^f00011]: 1965 c .56.

[^f00012]: 1980 c. 66.

[^f00013]: 1981 c. 66.

[^f00014]: 1989 c. 29.

[^f00015]: 1990 c. 8.

[^f00016]: 1991 c. 22.

[^f00017]: 2003 c. 21.

[^f00018]: 2004 c. 20.

[^f00019]: 2008 c. 29.

[^f00020]: 2009 c. 23.

[^f00021]: S.I. 2016/1154.

[^f00022]: 1971 c. 80.

[^f00023]: Relevant amendments are as follows: section 1 was amended by sections 8 and 102 and Schedules 4, paragraph 1 and Schedule 17 of the Local Government Act 1985 (c. 51), by section 21 of the 1991 Act and by section 1(6) and Schedule 1, paragraphs 1 to 4 of the Infrastructure Act 2015 (c. 7).

[^f00024]: 1981 c. 67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00025]: 1991 c. 59. Section 23 was amended by the Environment Act 1995 (c. 29), Schedule 22, paragraph 192 and the Flood and Water Management Act 2010 (c. 29), Schedule 2, paragraph 32.

[^f00026]: “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c.7).

[^f00027]: S.I. 1997/1160.

[^f00028]: 2017 c. 20.

[^f00029]: S.I. 2010/675. See amendments made by S.I. 2016/475.

[^f00030]: 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.

[^f00031]: 1991 c. 59.

[^f00032]: 1990 c. 43. Relevant amendments are as follows: section 82 was amended by section 107 and Schedule 17 paragraph 6 of the Environment Act 1995 (c. 25) and section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40), and section 79 was amended by sections 101 and 102 of the Clean Neighbourhoods and Environment Act 2005 (c. 16), by section 2 of the Noise and Statutory Nuisance Act 1993 and by section 120 and Schedule 22 paragraph 89 of the Environment Act 2005.

[^f00033]: 1974 c. 40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990, c. 25. There are other amendments to the 1974 Act which are not relevant to the Order.

[^f00034]: Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c. 18).

[^f00035]: 1991 c. 56. Section 106 was amended by sections 43(2) and 35(8)(a) and paragraph 1 of Schedule 2 to the Competition and Service (Utilities) Act 1992 (c. 43) and sections 99(2), (4), (5)(a), (5)(b),(5)(c) and 36(2) of the Water Act 2003 (c. 37) and section 32, Schedule 3, paragraph 16(1) of the Flood and Water Management Act 2010 c. 29.

[^f00036]: See section 72(1).

[^f00037]: 1857 c. 81

[^f00038]: 1981 c. 66. Sections 2, 6 and 11 were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00039]: Section 5A to the 1981 Act was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22)

[^f00040]: Inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22).

[^f00041]: Inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

[^f00042]: Inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00043]: Inserted by schedule 17(1) paragraph 3 to the Housing and Planning Act 2016 (c. 22).

[^f00044]: S.I. 1997/1160.

[^f00045]: Section 105(2) was substituted by section 69(3) of the Energy Act 2008 (c. 32).

[^f00046]: S.I. 2016/765.

[^f00047]: S.I. 2017/1012.

[^f00048]: 1973 c. 26.

[^f00049]: S.I. 2017/1013.

[^f00050]: S.I. 2002/1355.

[^f00051]: S.I. 2017/1013.

[^f00052]: S.I. 2002/1355.

[^f00053]: S.I. 2011/934.

[^f00054]: S.I. 2002/1355.

[^f00055]: S.I. 2007/1842.

[^f00056]: S.I. 2002/1355.

[^f00057]: 1996 c. 23.

[^f00058]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c.45), and was further amended by section 76 of the Utilities Act 2000 (c. 27).

[^f00059]: 1991 c. 56.

[^f00060]: 2003 c. 21.

[^f00061]: See section 106.

[^f00062]: 1993 c .43.

[^f00063]: Section 102(4) was amended by the Water Act 2003 (c. 37), s96(1) and the Water Act 2014 (c.21), Schedule 7, paragraph 90.

[^f00064]: Section 104 was amended by the Water Act 2003 (c. 37), s96 and the Water Act 2014 (c .21).

[^f00065]: c. 23. Section 23 was amended by the Environment Act 1995 (c. 29), Schedule 22, paragraph 192 and the Flood and Water Management Act 2010 (c. 29), Schedule 2, paragraph 32.

[^f00066]: See section 72(1).

1

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 development;

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

1

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 (approval of decommissioning programmes) of the 2004 Act, including any modification to the programme under section 108 (reviews and revisions of decommissioning programmes), and the completion of such programme has been confirmed by the Secretary of State in writing.

2

The provisions of section 72 (variation, suspension, revocation and transfer) 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 6 (benefit of the Order).

3

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.

4

Any amendments to or variations from the approved plans, protocols or statements must be minor or immaterial and it must be demonstrated to the satisfaction of the MMO that they are unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

5

(1) In relation to a meteorological mast, each foundation using piles must not have—

(a) more than four driven piles;

(b) in the case of single pile structures, a pile diameter which is more than 10 metres;

(2) In relation to a meteorological mast, each foundation must not have a seabed footprint area (excluding scour protection) of greater than 314 m².

6

(1) In relation to an accommodation platform, each foundation using piles must not have—

(a) more than six driven piles;

(b) a pile diameter which is more than three metres.

(2) In relation to an accommodation platform, each foundation must not have a seabed footprint area (excluding scour protection) of greater than 7,500 m².

1

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 (approval of decommissioning programmes) 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.

2

The provisions of section 72 (variation, suspension, revocation and transfer) 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 6 (benefit of the Order).

3

4

5

(1) In relation to a meteorological mast, each foundation using piles must not have—

(a) more than four driven piles;

(b) in the case of single pile structures, a pile diameter which is more than 10 metres;

(2) In relation to a meteorological mast, each foundation must not have a seabed footprint area (excluding scour protection) of greater than 314 m².

6

(1) In relation to an accommodation platform, each foundation using piles must not have—

(a) more than six driven piles;

(b) a pile diameter which is more than three metres.

(2) In relation to an accommodation platform, each foundation must not have a seabed footprint area (excluding scour protection) of greater than 7,500 m².

1

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 (approval of decommissioning programmes) 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.

2

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

(2) Work No. 2 (phase 1) – up to two offshore electrical platforms fixed to the seabed within the area shown on the works plan by one of the following foundation types: jacket (piled or suction caisson) or gravity base.

(3) Work No. 3 (phase 1) – a network of subsea cables and fibre optic cables within the area shown on the works plan comprising Work No. 2 and for the transmission of electricity and electronic communications between the offshore electrical platforms including one or more cable crossings.

(4) Work No. 4A (phase 1) – up to four subsea export cables and fibre optic cables between Work No. 2 and Work No. 4B consisting of subsea cables and fibre optic cables along routes within the Order limits seaward of MHWS including one or more offshore cable crossings.

(5) Work No. 4B (phase 1) – up to four subsea export cables and fibre optic cables between Work No. 4A and Work No. 4C consisting of subsea cables and fibre optic cables along routes within the Order limits between MLWS and MHWS at Happisburgh South, North Norfolk.

(6) In connection with such Works No. 2, 3, 4A and 4B 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.

(7) In connection with such Works No. 2, 3, 4A and 4B, 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) beacons, fenders and other navigational warning or ship impact protection works.

3

(1) Taken together with works authorised and proposed to be constructed pursuant to licence 2 (transmission)—

(a) the total number of offshore electrical platforms forming part of the authorised scheme must not exceed two;

(b) the total amount of scour protection for the offshore electrical platforms forming part of the authorised scheme must not exceed 20,000m² and 100,000 m³; and

(c) the total amount of inert material of natural origin disposed within the offshore Order limits as part of the authorised scheme must not exceed 11,475,000 m³;

(d) the total amount of disposal for drill arisings in connection with any foundation drilling must not exceed 14,137m³;

(e) the total length of cable and the amount of cable protection must not exceed the figures stated in condition 2 of this licence; and

(f) in the Haisborough, Hammond and Winterton Special Area of Conservation, the total area of cable protection must not exceed 32,000m² and the total volume of cable protection must not exceed 20,800m³.

(2) Prior to the commencement of the authorised scheme the undertaker must give notice to the MMO detailing—

(a) whether the authorised scheme will be constructed—

(i) in a single offshore phase under this licence; or

(ii) in two offshore phases under this licence and licence 2 (transmission); and

(b) where the authorised scheme will be constructed in two offshore phases, the total number of offshore electrical platforms to be constructed in each phase.

4

(1) The undertaker must ensure that—

(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—

(i) all agents and contractors notified to the MMO in accordance with condition 12; and

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 12;

(b) within 28 days of receipt of a copy of this licence those persons referred to in paragraph (a) above must provide a completed confirmation form to the MMO confirming receipt of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 12 are permitted to carry out the licensed activities.

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

(a) the undertaker’s registered address;

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

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

(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.

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

(6) The undertaker must inform the MMO Coastal Office in writing at least five days prior to the commencement of the licensed activities or any part of them, and within five days of completion of the licensed activities.

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

(a) at least fourteen days prior to the commencement of offshore activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

(b) as soon as reasonably practicable and no later than 24 hours of completion of construction of all offshore activities.

Confirmation of notification must be provided to the MMO within five days.

(8) A notice to mariners must be issued at least ten days prior to the commencement of the licensed activities or any part of them advising of the start date of Work No. 2 and the expected vessel routes from the construction ports to the relevant location. A second notice to mariners must be issued advising of the start date of Work Nos. 3, 4A and 4B and the route of the sub-sea cables and fibre optic cables. Copies of all notices must be provided to the MMO, MCA and UKHO within five days.

(9) The notices to mariners must be updated and reissued at weekly intervals during construction activities and at least five days before any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under condition 9(1)(b). Copies of all notices must be provided to the MMO and UKHO within five days.

(10) The undertaker must notify the UK Hydrographic Office both of the commencement (within ten days), progress and completion of construction (within ten days) of the licensed activities in order that all necessary amendments to nautical charts are made and the undertaker must send a copy of such notifications to the MMO within five days.

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

(12) In case of exposure of cables on or above the seabed, the undertaker must within three days following identification of a potential cable exposure, notify mariners by issuing a notice to mariners and by informing Kingfisher Information Service of the location and extent of exposure. Copies of all notices must be provided to the MMO and MCA within five days.

5

(1) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and to take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

(2) The undertaker must during the period from the start of construction of the authorised scheme to completion of decommissioning seaward of MHWS keep Trinity House and the MMO informed of progress of the authorised scheme seaward of MHWS including the following—

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

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

(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation as set out in the aids to navigation management plan agreed pursuant to condition 9(1)(k) using the reporting system provided by Trinity House.

(4) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

(5) In the event that the provisions of condition 4(11) and condition 4(12) are invoked, the undertaker must lay down such marker buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

6

(1) Except as otherwise required by Trinity House the undertaker must colour all structures forming part of the authorised scheme yellow (colour code RAL 1023) from at least HAT to a height directed by Trinity House, or must colour the structure as directed by Trinity House from time to time.

(2) Subject to sub-paragraph (1) above, unless the MMO otherwise directs, the undertaker must paint the remainder of the structures submarine grey (colour code RAL 7035).

1

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 (approval of decommissioning programmes) 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.

2

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

(2) Work No. 2 (phase 2) – up to two offshore electrical platforms fixed to the seabed within the area shown on the works plan by one of the following foundation types: jacket (piled or suction caisson) or gravity base.

(3) Work No. 3 (phase 2) – a network of subsea cables and fibre optic cables within the area shown on the works plan comprising Work No. 2 and for the transmission of electricity and electronic communications between the offshore electrical platforms including one or more cable crossings.

(4) Work No. 4A (phase 2) – up to four subsea export cables and fibre optic cables between Work No. 2 and Work No. 4B consisting of subsea cables and fibre optic cables along routes within the Order limits seaward of MHWS including one or more offshore cable crossings.

(5) Work No. 4B (phase 2) – up to four subsea export cables and fibre optic cables between Work No. 4A and Work No. 4C consisting of subsea cables and fibre optic cables along routes within the Order limits between MLWS and MHWS at Happisburgh South, North Norfolk.

(6) In connection with such Works No. 2, 3, 4A and 4B 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.

(7) In connection with such Works No. 2, 3, 4A and 4B, 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) beacons, fenders and other navigational warning or ship impact protection works.

3

(1) Taken together with works authorised and proposed to be constructed pursuant to licence 1 (transmission)—

(a) the total number of offshore electrical platforms forming part of the authorised scheme must not exceed two;

(b) the total amount of scour protection for the offshore electrical platforms forming part of the authorised scheme must not exceed 20,000m² and 100,000 m³; and

(c) the total amount of inert material of natural origin disposed within the offshore Order limits as part of the authorised scheme must not exceed 11,475,000 m³;

(d) the total amount of disposal for drill arisings in connection with any foundation drilling must not exceed 14,137 m³;

(e) the total length of cable and the amount of cable protection must not exceed the figures stated in condition 2 of this licence; and

(f) in the Haisborough, Hammond and Winterton Special Area of Conservation, the total area of cable protection must not exceed 32,000m² and the total volume of cable protection must not exceed 20,800m³.

(2) Prior to the commencement of the authorised scheme the undertaker must give notice to the MMO detailing—

(a) whether the authorised scheme will be constructed—

(i) in a single offshore phase under this licence; or

(ii) in two offshore phases under this licence and licence 1 (transmission); and

(b) where the authorised scheme will be constructed in two offshore phases, the total number of offshore electrical platforms to be constructed in each phase.

4

(1) The undertaker must ensure that—

(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—

(i) all agents and contractors notified to the MMO in accordance with condition 12; and

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 12;

(b) within 28 days of receipt of a copy of this licence those persons referred to in paragraph (a) above must provide a completed confirmation form to the MMO confirming receipt of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 12 are permitted to carry out the licensed activities.

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

(a) the undertaker’s registered address;

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

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

(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.

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

(6) The undertaker must inform the MMO Coastal Office in writing at least five days prior to the commencement of the licensed activities or any part of them, and within five days of completion of the licensed activities.

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

(a) at least fourteen days prior to the commencement of offshore activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

(b) as soon as reasonably practicable and no later than 24 hours of completion of construction of all offshore activities.

Confirmation of notification must be provided to the MMO within five days.

(8) A notice to mariners must be issued at least ten days prior to the commencement of the licensed activities or any part of them advising of the start date of Work No. 2 and the expected vessel routes from the construction ports to the relevant location. A second notice to mariners must be issued advising of the start date of Work Nos. 3, 4A and 4B and the route of the sub-sea cables and fibre optic cables. Copies of all notices must be provided to the MMO, MCA and UKHO within five days.

(9) The notices to mariners must be updated and reissued at weekly intervals during construction activities and at least five days before any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under condition 9(1)(b). Copies of all notices must be provided to the MMO and UKHO within five days.

(10) The undertaker must notify the UK Hydrographic Office both of the commencement (within ten days), progress and completion of construction (within ten days) of the licensed activities in order that all necessary amendments to nautical charts are made and the undertaker must send a copy of such notifications to the MMO within five days.

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

(12) In case of exposure of cables on or above the seabed, the undertaker must within three days following identification of a potential cable exposure, notify mariners by issuing a notice to mariners and by informing Kingfisher Information Service of the location and extent of exposure. Copies of all notices must be provided to the MMO and MCA within five days.

5

(1) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and to take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

(2) The undertaker must during the period from the start of construction of the authorised scheme to completion of decommissioning seaward of MHWS keep Trinity House and the MMO informed of progress of the authorised scheme seaward of MHWS including the following—

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

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

(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation as set out in the aids to navigation management plan agreed pursuant to condition 9(1)(k) using the reporting system provided by Trinity House.

(4) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

(5) In the event that the provisions of condition 4(11) and condition 4(12) are invoked, the undertaker must lay down such marker buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

6

(1) Except as otherwise required by Trinity House the undertaker must colour all structures forming part of the authorised scheme yellow (colour code RAL 1023) from at least HAT to a height directed by Trinity House, or must colour the structure as directed by Trinity House from time to time.

(2) Subject to sub-paragraph (1) above, unless the MMO otherwise directs, the undertaker must paint the remainder of the structures submarine grey (colour code RAL 7035).

Editorial notes

[^key-c4c092298ff4ca291f6995dc315dff64]: Art. 1 in force at 22.7.2020, see art. 1

[^key-d3ce782ee744f133bd3349bff71f8783]: Art. 2 in force at 22.7.2020, see art. 1

[^key-6ece1edb60648a28462c6ed94d2fa98d]: Art. 3 in force at 22.7.2020, see art. 1

[^key-87e51a318fda71e432f5afac4e548019]: Art. 4 in force at 22.7.2020, see art. 1

[^key-02fab8ed65137719a08cb879ad6fcded]: Art. 5 in force at 22.7.2020, see art. 1

[^key-38be852f75767ef77859108fa8455536]: Art. 6 in force at 22.7.2020, see art. 1

[^key-88551c13acc2a7f2ea024cb204e2b735]: Art. 7 in force at 22.7.2020, see art. 1

[^key-8e49756153c8ebd27f1f48790aba92fa]: Art. 8 in force at 22.7.2020, see art. 1

[^key-1be6a612a132d7e25d8fe8406664594c]: Art. 9 in force at 22.7.2020, see art. 1

[^key-031f21c7c05bf99b9d525ce539ba65b0]: Art. 10 in force at 22.7.2020, see art. 1

[^key-0ab0961d4d078a91f691b05e43dadf55]: Art. 11 in force at 22.7.2020, see art. 1

[^key-e3697435da0b8ab1c235eeebf42fd897]: Art. 12 in force at 22.7.2020, see art. 1

[^key-b1dbe61cf2b2a4eea0d200494773a24c]: Art. 13 in force at 22.7.2020, see art. 1

[^key-2f174ca5c94ad72ec7b5ef85cca34539]: Art. 14 in force at 22.7.2020, see art. 1

[^key-d525e25eb7b45d0af345363b18873823]: Art. 15 in force at 22.7.2020, see art. 1

[^key-17792e6f522428952dc8d738a67fa088]: Art. 16 in force at 22.7.2020, see art. 1

[^key-0af2a5721430c19964fc592bd4361cd3]: Art. 17 in force at 22.7.2020, see art. 1

[^key-dc30d22419b4d657a37da0c332cfbfae]: Art. 18 in force at 22.7.2020, see art. 1

[^key-5d5ea22139f9130245203661cdc7c8fc]: Art. 19 in force at 22.7.2020, see art. 1

[^key-36fa52aa795f0fb6e02d338aad2f7c04]: Art. 20 in force at 22.7.2020, see art. 1

[^key-3413077f02d7320b4a2a8a98a902d254]: Art. 21 in force at 22.7.2020, see art. 1

[^key-cfa906939fc8d1767bba05cc40b6dc20]: Art. 22 in force at 22.7.2020, see art. 1

[^key-12260fcf77c12be771e1f4d0e2b491e0]: Art. 23 in force at 22.7.2020, see art. 1

[^key-62edb8c9dc9a3b059dc0f3c7c6cec941]: Art. 24 in force at 22.7.2020, see art. 1

[^key-e597f8292b24491230f511d85f3a163c]: Art. 25 in force at 22.7.2020, see art. 1

[^key-5bb3e51c325ebe2fb299c073b4e93661]: Art. 26 in force at 22.7.2020, see art. 1

[^key-d51e02228b4b577701fb067a0bed9fdd]: Art. 27 in force at 22.7.2020, see art. 1

[^key-4cdafb08bf56f2fa016ad1d074284251]: Art. 28 in force at 22.7.2020, see art. 1

[^key-2d44dee705a37a68af2d1e990600a6b8]: Art. 29 in force at 22.7.2020, see art. 1

[^key-e08857abdb76a2019d719ea83cc00958]: Art. 30 in force at 22.7.2020, see art. 1

[^key-e788abd4f3f6a334cc938baad4c64e1e]: Art. 31 in force at 22.7.2020, see art. 1

[^key-f736bed819200b08ecf5d0e795792e4b]: Art. 32 in force at 22.7.2020, see art. 1

[^key-273607c534d3f0a313b33deeb52ce6a3]: Art. 33 in force at 22.7.2020, see art. 1

[^key-305d8b8e8bd219fd6e6060bed6306c9e]: Art. 34 in force at 22.7.2020, see art. 1

[^key-7a380e445a08fad166193178ce622d72]: Art. 35 in force at 22.7.2020, see art. 1

[^key-9e3488780c41d98a1841fbff0ea67f2e]: Art. 36 in force at 22.7.2020, see art. 1

[^key-e109cef476aa362bb1ac5438c76cfe1c]: Art. 37 in force at 22.7.2020, see art. 1

[^key-65b4a713fe5521a409d6c88c185f72b7]: Art. 38 in force at 22.7.2020, see art. 1

[^key-5389bbf4bee37e82ec2b6b8e5c8e062d]: Art. 39 in force at 22.7.2020, see art. 1

[^key-b85efc72f8a982d42b1d2249d971ce07]: Art. 40 in force at 22.7.2020, see art. 1

[^key-a305703661d919c4ea1a6ba2c7108962]: Art. 41 in force at 22.7.2020, see art. 1

[^key-16de9a207d86df91191d967345b14df3]: Art. 42 in force at 22.7.2020, see art. 1

[^key-ec6e097ed4640590d9876971c48462b3]: Art. 43 in force at 22.7.2020, see art. 1

[^key-b7769db3a415bd9366e182e7f9410c5d]: Sch. 1 Pt. 1 para. 1 in force at 22.7.2020, see art. 1

[^key-741426c4ef5ca5ecf80e4cf4c622a2b7]: Sch. 1 Pt. 2 para. 1 in force at 22.7.2020, see art. 1

[^key-c7db94d94a18198ebb12c645705cb0fc]: Sch. 1 Pt. 3 para. 1 in force at 22.7.2020, see art. 1

[^key-b38475055c9a5046cec9d7cb5d0768b9]: Sch. 1 para. 2 in force at 22.7.2020, see art. 1

[^key-56e5b299c28ebc020713769232f5775d]: Sch. 1 para. 3 in force at 22.7.2020, see art. 1

[^key-f31d26b8a5060847ef989bb76a52bacd]: Sch. 1 para. 4 in force at 22.7.2020, see art. 1

[^key-44aeaa14f50af5ee04053a7c76b92c79]: Sch. 1 para. 5 in force at 22.7.2020, see art. 1

[^key-c447fa1a58d82e45aa7f78715eff161f]: Sch. 1 para. 6 in force at 22.7.2020, see art. 1

[^key-1f99c3cc81ba5905c5ed9c093084e651]: Sch. 1 para. 7 in force at 22.7.2020, see art. 1

[^key-8d89698bff03fed7eec451e1771c546d]: Sch. 1 para. 8 in force at 22.7.2020, see art. 1

[^key-6f2ba814e0cc51d3158b3a7c0f21fdb4]: Sch. 1 para. 9 in force at 22.7.2020, see art. 1

[^key-89d23283bde262a5d1e0df2067482678]: Sch. 1 para. 10 in force at 22.7.2020, see art. 1

[^key-4d7b4b6959f08e5b74c6da6c92f44c57]: Sch. 1 para. 11 in force at 22.7.2020, see art. 1

[^key-f489177e949414e98fae5720a7044cf2]: Sch. 1 para. 12 in force at 22.7.2020, see art. 1

[^key-b3ef73b2f976eeac9baae28fdf353208]: Sch. 1 para. 13 in force at 22.7.2020, see art. 1

[^key-1d2032cb348b843c46e68a479d62d89d]: Sch. 1 para. 14 in force at 22.7.2020, see art. 1

[^key-5b5dbbf3eddbceb49916eef668aaa9bb]: Sch. 1 para. 15 in force at 22.7.2020, see art. 1

[^key-0db420858a3076a6e58479c79822a067]: Sch. 1 para. 16 in force at 22.7.2020, see art. 1

[^key-46a1ff66933bf3bddf2380ae18ebd37d]: Sch. 1 para. 17 in force at 22.7.2020, see art. 1

[^key-e148ef99db49e69dc7f5fbe86389b757]: Sch. 1 para. 18 in force at 22.7.2020, see art. 1

[^key-7f5e3ae31f8de853245c7a66c3d7619e]: Sch. 1 para. 19 in force at 22.7.2020, see art. 1

[^key-617b34069794648152ac45f522d2d402]: Sch. 1 para. 20 in force at 22.7.2020, see art. 1

[^key-d095a85af0c7973dafc6d7de13925688]: Sch. 1 para. 21 in force at 22.7.2020, see art. 1

[^key-ea258c64ee1fa8b5c6a8b6ee89a7ab82]: Sch. 1 para. 22 in force at 22.7.2020, see art. 1

[^key-4e01848dde01375bc57292f5c149f7e6]: Sch. 1 para. 23 in force at 22.7.2020, see art. 1

[^key-5ea7713567b42822c1c2f8b8adebaba0]: Sch. 1 para. 24 in force at 22.7.2020, see art. 1

[^key-2eeb11e07f9ca17e12a235a067939245]: Sch. 1 para. 25 in force at 22.7.2020, see art. 1

[^key-0df84aecbbe9ff10219c4078c2bf3634]: Sch. 1 para. 26 in force at 22.7.2020, see art. 1

[^key-9cdee725402edd2e16c8ef0462b1435e]: Sch. 1 para. 27 in force at 22.7.2020, see art. 1

[^key-c8e79cdf7bdf791271e40de6a3b66d03]: Sch. 1 para. 28 in force at 22.7.2020, see art. 1

[^key-7b75b7f27c9fa22671cb2ded67354c83]: Sch. 1 para. 29 in force at 22.7.2020, see art. 1

[^key-2e721ccfec621d1188319fe620b1a3be]: Sch. 1 para. 30 in force at 22.7.2020, see art. 1

[^key-50ba4fddb2007ae400c8c8d5a6027886]: Sch. 1 para. 31 in force at 22.7.2020, see art. 1

[^key-383510414e3152ad91a48af91374c5bc]: Sch. 1 para. 32 in force at 22.7.2020, see art. 1

[^key-e7a5aed1895a6f0e097cf23b4dbf4d6b]: Sch. 1 para. 33 in force at 22.7.2020, see art. 1

[^key-a16b8a2017e2abdd9fc6024d7b9aa6f1]: Sch. 1 para. 34 in force at 22.7.2020, see art. 1

[^key-fd5e8812c19297a94b2fe0bc87f8745c]: Sch. 7 para. 1 in force at 22.7.2020, see art. 1

[^key-b3631087f99792826c88737ef927216f]: Sch. 7 para. 2 in force at 22.7.2020, see art. 1

[^key-20dc36c731baad4ce3998ae297bb6923]: Sch. 7 para. 3 in force at 22.7.2020, see art. 1

[^key-70702753b376771da02dcc140b61929b]: Sch. 7 para. 4 in force at 22.7.2020, see art. 1

[^key-95584e3d4b16c7632f915a19a7ad2744]: Sch. 7 para. 5 in force at 22.7.2020, see art. 1

[^key-27859dc7473b956a0d1c58eca9d2c922]: Sch. 7 para. 6 in force at 22.7.2020, see art. 1

[^key-42343b5c3e7564bcf78ff2d23e9f155c]: Sch. 7 para. 7 in force at 22.7.2020, see art. 1

[^key-cb156003e699a7a0fc611a01c73a5141]: Sch. 7 para. 8 in force at 22.7.2020, see art. 1

[^key-61e1ac4014654d4d3130ba0e83e4907f]: Sch. 7 para. 9 in force at 22.7.2020, see art. 1

[^key-579e6bde3ca17d5fe20dee0d8c28e558]: Sch. 9 Pt. 1 para. 1 in force at 22.7.2020, see art. 1

[^key-94dbc5acd7a8388c1a8e3089b24dd657]: Sch. 9 Pt. 1 para. 2 in force at 22.7.2020, see art. 1

[^key-d415756d963595fc1a3f87ba10b3e814]: Sch. 9 Pt. 1 para. 3 in force at 22.7.2020, see art. 1

[^key-89177d58a1797dcb16872d3a950a4a6f]: Sch. 9 Pt. 1 para. 4 in force at 22.7.2020, see art. 1

[^key-5ce2bc4ee358eda5f5ce622155b635cb]: Sch. 9 Pt. 2 para. 1 in force at 22.7.2020, see art. 1

[^key-e57c80ecdff0681383367d1b373c6933]: Sch. 9 Pt. 2 para. 2 in force at 22.7.2020, see art. 1

[^key-2af52aaa16f62192caabd15dff23da08]: Sch. 9 Pt. 2 para. 3 in force at 22.7.2020, see art. 1

[^key-2639183619136e73cc185367f13632ad]: Sch. 9 Pt. 2 para. 4 in force at 22.7.2020, see art. 1

[^key-d64e5331fd6e8c63c6d16c618c8d06df]: Sch. 9 Pt. 2 para. 5 in force at 22.7.2020, see art. 1

[^key-40e6d9feb25b1753ebd854f876627a78]: Sch. 9 Pt. 2 para. 6 in force at 22.7.2020, see art. 1

[^key-ed52d24dc2918db25477b8ea090d0e11]: Sch. 9 Pt. 3 para. 1 in force at 22.7.2020, see art. 1

[^key-094503139e8f2ae5c68c5a2609204b8a]: Sch. 9 Pt. 3 para. 2 in force at 22.7.2020, see art. 1

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