The Norfolk Vanguard Offshore Wind Farm Order 2022

(1) Area	(2) Description of access
District of North Norfolk	Vehicular access from Whimpwell Green to the North marked point at AC1 on the access to works plan
District of North Norfolk	Vehicular access from Whimpwell Street to the North marked point at AC2 on the access to works plan
District of North Norfolk	Vehicular access from Whimpwell Street to the East & West marked point at AC3 on the access to works plan
District of North Norfolk	Vehicular access from Grub Street to the North marked point at AC4 on the access to works plan
District of North Norfolk	Vehicular access from Grub Street to the East & West marked point at AC5 on the access to works plan
District of North Norfolk	Vehicular access from Grub Street to the South marked point at AC6 on the access to works plan
District of North Norfolk	Vehicular access from private track to the West marked point at AC7 on the access to works plan
District of North Norfolk	Vehicular access from private track to the North & South marked point at AC8 on the access to works plan
District of North Norfolk	Vehicular access from private track to the North East marked point at AC9 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East & West marked point at AC10 on the access to works plan
District of North Norfolk	Vehicular access from B1159 to the East & West marked point at AC11 on the access to works plan
District of North Norfolk	Vehicular access from North Walsham Road to the South marked point at AC12 on the access to works plan
District of North Norfolk	Vehicular access from North Walsham Road to the South marked point at AC13 on the access to works plan
District of North Norfolk	Vehicular access from The Street to the East & West marked point at AC14 on the access to works plan
District of North Norfolk	Vehicular access from Happisburgh Road to the South marked point at AC15 on the access to works plan
District of North Norfolk	Vehicular access from Happisburgh Road to the East & West marked point at AC16 on the access to works plan
District of North Norfolk	Vehicular access from Happisburgh Road to the North marked point at AC17 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East & West marked point at AC18 on the access to works plan
District of North Norfolk	Vehicular access from private track to the North marked point at AC19 on the access to works plan
District of North Norfolk	Vehicular access from Edingthorpe to the South marked point at AC20 on the access to works plan
District of North Norfolk	Vehicular access from Bacton Road to the East & West marked point at AC21 on the access to works plan
District of North Norfolk	Vehicular access from Edingthorpe to the East & West marked point at AC22 on the access to works plan
District of North Norfolk	Vehicular access from Edingthorpe to the North marked point at AC23 on the access to works plan
District of North Norfolk	Vehicular access from Edingthorpe to the North marked point at AC24 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East marked point at AC25 on the access to works plan
District of North Norfolk	Vehicular access from private track to the West marked point at AC26 on the access to works plan
District of North Norfolk	Vehicular access from North Walsham Road to the South marked point at AC27 on the access to works plan
District of North Norfolk	Vehicular access from Walsham Road to the East & West marked point at AC28 on the access to works plan
District of North Norfolk	Vehicular access from North Walsham Road to the South marked point at AC29 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East marked point at AC30 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East marked point at AC30a on the access to works plan
District of North Norfolk	Vehicular access from private track to the West marked point at AC31 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East & West marked point at AC32 on the access to works plan
District of North Norfolk	Vehicular access from North Walsham Road to the North marked point at AC33 on the access to works plan
District of North Norfolk	Vehicular access from Hall Lane to the North marked point at AC34 on the access to works plan
District of North Norfolk	Vehicular access from Hall Lane to the East & West marked point at AC35 on the access to works plan
District of North Norfolk	Vehicular access from Little London Road to the North marked point at AC36 on the access to works plan
District of North Norfolk	Vehicular access from London Road to the East & West marked point at AC37 on the access to works plan
District of North Norfolk	Vehicular access from B1145 to the West marked point at AC38 on the access to works plan
District of North Norfolk	Vehicular access from Lyngate Road to the North marked point at AC39 on the access to works plan
District of North Norfolk	Vehicular access from Lyngate Road to the North marked point at AC40 on the access to works plan
District of North Norfolk	Vehicular access from Lyngate Road to the North marked point at AC41 on the access to works plan
District of North Norfolk	Vehicular access from Lyngate Road to the North marked point at AC42 on the access to works plan
District of North Norfolk	Vehicular access from Bradfield Road to the East & West marked point at AC43 on the access to works plan
District of North Norfolk	Vehicular access from Lyngate Road to the North marked point at AC44 on the access to works plan
District of North Norfolk	Vehicular access from Lyngate Road to the North marked point at AC45 on the access to works plan
District of North Norfolk	Vehicular access from Lyngate Road to the East & West marked point at AC46 on the access to works plan
District of North Norfolk	Vehicular access from Cromer Road A149 to the East & West marked point at AC47 on the access to works plan
District of North Norfolk	Vehicular access from footpath Felmingham BR12 off Cromer Road to the East & West marked point at AC48 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East & West marked point at AC49 on the access to works plan
District of North Norfolk	Vehicular access from private track to the West marked point at AC50 on the access to works plan
District of North Norfolk	Vehicular access from Brick Kiln Lane to the South marked point at AC51 on the access to works plan
District of North Norfolk	Vehicular access from Brick Kiln Lane to the South marked point at AC52 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East marked point at AC53 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East & West marked point at AC54 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East & West marked point at AC55 on the access to works plan
District of North Norfolk	Vehicular access from private track to the West marked point at AC56 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East marked point at AC57 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East & West marked point at AC58 on the access to works plan
District of North Norfolk	Vehicular access from private track to the South West marked point at AC59 on the access to works plan
District of North Norfolk	Vehicular access from private track off Church Road to the East & West marked point at AC60 on the access to works plan
District of North Norfolk	Vehicular access from private track off Colby Road to the East & West marked point at AC61 on the access to works plan
District of North Norfolk	Vehicular access from private track to the East & West marked point at AC62 on the access to works plan
District of North Norfolk	Vehicular access from private track to the South & East marked point at AC63 on the access to works plan
District of Broadland	Vehicular access from B1145 to the North marked point at AC64 on the access to works plan
District of Broadland	Vehicular access from A140 to the East marked point at AC65 on the access to works plan
District of Broadland	Vehicular access from A140 to the East & West marked point at AC66 on the access to works plan
District of Broadland	Vehicular access from A140 to the West marked point at AC67 on the access to works plan
District of Broadland	Vehicular access from Drabblegate to the West marked point at AC68 on the access to works plan
District of Broadland	Vehicular access from Drabblegate to the South marked point at AC69 on the access to works plan
District of Broadland	Vehicular access from Drabblegate to the East marked point at AC70 on the access to works plan
District of Broadland	Vehicular access from Cromer Road to the East marked point at AC71 on the access to works plan
District of Broadland	Vehicular access from Cromer Road to the East & West marked point at AC72 on the access to works plan
District of Broadland	Vehicular access from Cromer Road to the West marked point at AC73 on the access to works plan
District of Broadland	Vehicular access from Cromer Road to the North marked point at AC74 on the access to works plan
District of Broadland	Vehicular access from private track to the South marked point at AC75 on the access to works plan
District of Broadland	Vehicular access from Blickling Road to the North marked point at AC76 on the access to works plan
District of Broadland	Vehicular access from Blickling Road to the East & West marked point at AC77 on the access to works plan
District of Broadland	Vehicular access from Blickling Road to the South marked point at AC78 on the access to works plan
District of Broadland	Vehicular access from Silvergate Lane to the East marked point at AC79 on the access to works plan
District of Broadland	Vehicular access from Silvergate Lane to the East & West marked point at AC80 on the access to works plan
District of Broadland	Vehicular access from private track to the South marked point at AC81 on the access to works plan
District of Broadland	Vehicular access from Aylsham Road to the North & South marked point at AC82 on the access to works plan
District of Broadland	Vehicular access from Aylsham Road to the South marked point at AC83 on the access to works plan
District of Broadland	Vehicular access from private track to the North East & South West marked point at AC84 on the access to works plan
District of Broadland	Vehicular access from private track to the South marked point at AC85 on the access to works plan
District of Broadland	Vehicular access from private track to the South marked point at AC86 on the access to works plan
District of Broadland	Vehicular access from private track to the South marked point at AC87 on the access to works plan
District of Broadland	Vehicular access from The Street to the East marked point at AC88 on the access to works plan
District of Broadland	Vehicular access from B1149 to the East & West marked point at AC89 on the access to works plan
District of Broadland	Vehicular access from B1149 to the South marked point at AC90 on the access to works plan
District of Broadland	Vehicular access from private track to the East marked point at AC91 on the access to works plan
District of Broadland	Vehicular access from private track to the East & West marked point at AC92 on the access to works plan
District of Broadland	Vehicular access from private track to the North marked point at AC93 on the access to works plan
District of Broadland	Vehicular access from Heydon Lane to the East & West marked point at AC94 on the access to works plan
District of Broadland	Vehicular access from Heydon Lane to the West marked point at AC95 on the access to works plan
District of Broadland	Vehicular access from private track to the East & West marked point at AC96 on the access to works plan
District of Broadland	Vehicular access from private track to the North marked point at AC97 on the access to works plan
District of Broadland	Vehicular access from private track to the North marked point at AC98 on the access to works plan
District of Broadland	NOT USED: AC99
District of Broadland	Vehicular access from B1145 to the North marked point at AC100 on the access to works plan
District of Broadland	Vehicular access from private track off Cawston Road to the East & West marked point at AC101 on the access to works plan
District of Broadland	Vehicular access from B1145 to the East & West marked point at AC102 on the access to works plan
District of Broadland	Vehicular access from B1145 to the South marked point at AC103 on the access to works plan
District of Broadland	Vehicular access from B1145 to the North marked point at AC104 on the access to works plan
District of Broadland	Vehicular access from B1145 to the East & West marked point at AC105 on the access to works plan
District of Broadland	Vehicular access from B1145 to the East marked point at AC106 on the access to works plan
District of Broadland	Vehicular access from private track to the East & West marked point at AC107 on the access to works plan
District of Broadland	Vehicular access from Wood Dalling Road to the West marked point at AC108 on the access to works plan
District of Broadland	Vehicular access from Kerdiston Road to the East & West marked point at AC109 on the access to works plan
District of Broadland	Vehicular access from B1145 to the West marked point at AC110 on the access to works plan
District of Broadland	Vehicular access from B1145 to the South marked point at AC111 on the access to works plan
District of Broadland	Vehicular access from B1145 to the East marked point at AC112 on the access to works plan
District of Broadland	Vehicular access from private track to the North marked point at AC113 on the access to works plan
District of Broadland	Vehicular access from private track to the East & West marked point at AC114 on the access to works plan
District of Broadland	Vehicular access from private track to the North marked point at AC115 on the access to works plan
District of Broadland	Vehicular access from private track to the East marked point at AC116 on the access to works plan
District of Broadland	Vehicular access from private track to the North & South marked point at AC117 on the access to works plan
District of Broadland	Vehicular access from private track to the South marked point at AC118 on the access to works plan
District of Breckland	Vehicular access from Well Lane to the North marked point at AC119 on the access to works plan
District of Breckland	Vehicular access from Well Lane to the North & South marked point at AC120 on the access to works plan
District of Breckland	Vehicular access from Well Lane to the East marked point at AC121 on the access to works plan
District of Breckland	Vehicular access from Lime Kiln Road to the East & West marked point at AC122 on the access to works plan
District of Breckland	Vehicular access from Lime Kiln Road to the East & West marked point at AC123 on the access to works plan
District of Breckland	Vehicular access from Lime Kiln Road to the West marked point at AC124 on the access to works plan
District of Breckland	Vehicular access from Lime Kiln Road to the North & South marked point at AC125 on the access to works plan
District of Breckland	Vehicular access from Elsing Lane to the East & West marked point at AC126 on the access to works plan
District of Breckland	Vehicular access from private track to the South marked point at AC127 on the access to works plan
District of Breckland	Vehicular access from Elsing Road to the East & West marked point at AC128 on the access to works plan
District of Breckland	Vehicular access from Elsing Road to the West marked point at AC129 on the access to works plan
District of Breckland	Vehicular access from Elsing Road to the West marked point at AC130 on the access to works plan
District of Breckland	Vehicular access from Elsing Road to the North marked point at AC131 on the access to works plan
District of Breckland	Vehicular access from private track to the East marked point at AC132 on the access to works plan
District of Breckland	Vehicular access from Frogs Hall Lane to the East & West marked point at AC133 on the access to works plan
District of Breckland	Vehicular access from Frogs Hall Lane to the East marked point at AC134 on the access to works plan
District of Breckland	Vehicular access from B1147 to the North marked point at AC135 on the access to works plan
District of Breckland	Vehicular access from Norwich Road to the East & West marked point at AC136 on the access to works plan
District of Breckland	Vehicular access from B1147 to the East & West marked point at AC137 on the access to works plan
District of Breckland	Vehicular access from Swanton Road to the East & West marked point at AC138 on the access to works plan
District of Breckland	Vehicular access from Swanton Road to the South marked point at AC139 on the access to works plan
District of Breckland	Vehicular access from Hoe Road S to the South marked point at AC140 on the access to works plan
District of Breckland	Vehicular access from Swanton Road to the North marked point at AC141 on the access to works plan
District of Breckland	Vehicular access from private track to the South marked point at AC142 on the access to works plan
District of Breckland	Vehicular access from private track to the South marked point at AC143 on the access to works plan
District of Breckland	Vehicular access from private track to the South marked point at AC144 on the access to works plan
District of Breckland	Vehicular access from private track to the East & West marked point at AC145 on the access to works plan
District of Breckland	Vehicular access from B1146 to the North marked point at AC146 on the access to works plan
District of Breckland	Vehicular access from B1146 to the East & West marked point at AC147 on the access to works plan
District of Breckland	Vehicular access from B1146 to the West marked point at AC148 on the access to works plan
District of Breckland	Vehicular access from B1146 to the South marked point at AC149 on the access to works plan
District of Breckland	Vehicular access from unnamed track to the West marked point at AC150 on the access to works plan
District of Breckland	Vehicular access from Mill Lane to the East marked point at AC151 on the access to works plan
District of Breckland	Vehicular access from Dereham to the South marked point at AC152 on the access to works plan
District of Breckland	Vehicular access from Dereham to the East & West marked point at AC153 on the access to works plan
District of Breckland	Vehicular access from private track to the East & West marked point at AC154 on the access to works plan
District of Breckland	Vehicular access from private track to the South marked point at AC155 on the access to works plan
District of Breckland	Vehicular access from private track to the South marked point at AC156 on the access to works plan
District of Breckland	Vehicular access from private track to the North & West marked point at AC157 on the access to works plan
District of Breckland	Vehicular access from private track to the South & West marked point at AC158 on the access to works plan
District of Breckland	Vehicular access from private track to the North marked point at AC159 on the access to works plan
District of Breckland	Vehicular access from private track to the West marked point at AC160 on the access to works plan
District of Breckland	Vehicular access from Dale Road to the West marked point at AC161 on the access to works plan
District of Breckland	Vehicular access from Dale Road to the North & South marked point at AC162 on the access to works plan
District of Breckland	Vehicular access from Dereham Road to the North marked point at AC163 on the access to works plan
District of Breckland	Vehicular access from Dale Road to the East & West marked point at AC164 on the access to works plan
District of Breckland	Vehicular access from Dereham Road to the East & West marked point at AC165 on the access to works plan
District of Breckland	Vehicular access from Bradenham Lane to the North marked point at AC166 on the access to works plan
District of Breckland	Vehicular access from Bradenham Lane to the North marked point at AC167 on the access to works plan
District of Breckland	Vehicular access from Bradenham Lane to the North marked point at AC168 on the access to works plan
District of Breckland	Vehicular access from Hulver Street to the East & West marked point at AC169 on the access to works plan
District of Breckland	Vehicular access from private track to the North marked point at AC170 on the access to works plan
District of Breckland	Vehicular access from private track off Haggards Way to the East & West marked point at AC171 on the access to works plan
District of Breckland	NOT USED: AC172
District of Breckland	Vehicular access from private track off Haggards Way to the West marked point at AC173 on the access to works plan
District of Breckland	NOT USED: AC174
District of Breckland	Vehicular access from private track off Smugglers Lane to the East & West marked point at AC174a on the access to works plan
District of Breckland	Vehicular access from Goggles Lane to the East & West marked point at AC175 on the access to works plan
District of Breckland	Vehicular access from Goggles Lane to the South marked point at AC176 on the access to works plan
District of Breckland	NOT USED: AC177
District of Breckland	Vehicular access from private track off Lodge Lane to the North & South marked point at AC178 on the access to works plan
District of Breckland	Vehicular access from private track off A47 to the East & West marked point at AC179 on the access to works plan
District of Breckland	Vehicular access from private track off A47 to the East & West marked point at AC180 on the access to works plan
District of Breckland	Vehicular access from A47 to the East marked point at AC181 on the access to works plan
District of Breckland	Vehicular access from A47 to the North marked point at AC182 on the access to works plan
District of Breckland	Vehicular access from A47 to the East & West marked point at AC183 on the access to works plan

SCHEDULE 6 — Land in which only New Rights etc., may be acquired

• (a) construct, lay and install by way of drilling and / or trenching and repair, renew, upgrade, inspect, remove and replace underground electrical cables and ducts, jointing works including transition joint bays and other apparatus together with such telemetry and fibre optic lines, structures, ducting and other apparatus, protection and safety measures and equipment which is ancillary to the purposes of transmitting electricity along such electrical cables (which collectively for the purposes of this schedule are referred to as the “cables”);

• (b) effect access to offshore apparatus and carry out works for the purposes of construction, installation, operation, maintenance and decommissioning of the parts of the authorised project that communicate between the onshore and offshore elements of the authorised project;

• (c) install, retain, and connect apparatus to connect onshore transmission apparatus to offshore transmission apparatus;

• (d) enter and be upon the land and remain with or without plant, vehicles, vessels, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables, or use of the cables, cable ducts and jointing works;

• (e) retain and use the cables, cable ducts and jointing works for the purpose of the transmission of telecommunications and electricity;

• (f) pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying down, installing, adjusting, altering, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables, cable ducts and jointing works;

• (g) pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables, cable ducts and jointing works;

• (h) place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables, cable ducts and jointing works;

• (i) retain and maintain existing hardstandings and lay down, use, repair, alter and remove hardstandings for the purposes of constructing, laying, installing, adjusting, altering, using maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables, cable ducts and jointing works;

• (j) retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable);

• (k) install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduit or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers); and

• (l) alter, lop, uproot and replant trees, shrubs and hedges and other vegetation for the purposes of enabling the right to pass and repass.

• (a) enter upon the land and to create temporary secure areas;

• (b) place equipment on the land, including portakabins and welfare equipment;

• (c) store plant, materials and equipment;

• (d) create car parking sites, site offices, site areas for temporary security and welfare facilities;

• (e) effect access and egress to and from the highway;

• (f) create fuel storage and bunded facilities for the storage of materials ancillary to the implementation of the authorised project; and

• (g) access the underground electrical cables, cable ducts and jointing works and any other land used or to be used in connection with the installation and use of the underground electrical cables, cable ducts and jointing works, over the temporary secure area within the land, for purposes in connection with the installation and use of the underground electrical cables.

• (a) pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables, cable ducts and jointing works;

• (b) retain and maintain existing hardstandings and lay down, use, repair, alter and remove hardstandings for the purposes of access to adjoining land and highway;

• (c) erect temporary supporting or protective structures (including the bridging over or protection of the apparatus of the statutory undertakers) for the purposes of access to adjoining land and highway;

• (d) alter, lop, uproot and replant trees, shrubs and hedges and other vegetation for the purposes of enabling the right to pass and repass to and from adjoining land;

• (e) retain and maintain existing temporary permissive paths or lay out temporary permissive paths for public use (if applicable);

• (f) effect access and egress to and from the highway;

• (g) retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land and highway;

• (h) remove fences, hedges or other barriers during any period in which construction, maintenance, upgrading, improvement, renewal or removal are being carried out and for the exercise of the power to access the cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the exercise of the rights); and

• (i) retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in any drains, watercourses and culverts.

• “adjoining land” for the purposes of this paragraph 3 means such other parts of the land within the Order limits required for the authorised project.

• (a) prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction or erection of works of any kind (including the foundations, footings or other supportive structures thereto);

• (b) prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);

• (c) prevent mole draining or anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;

• (d) prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project) provided that the growing within the land of any pre-existing trees, shrubs or underwood do not require the consent of the undertaker; and

• (e) prevent anything to be done in or upon the Order land or any part thereof which shall or which it is reasonably foreseeable may interfere with the exercise of the other rights set out in this Schedule or the use of the authorised project or in any way render the authorised project or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto.

SCHEDULE 7 — Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments

1

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

2

• (1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973[^f00046] has effect subject to the modifications set out in sub-paragraph (2).

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

• (a) for the words “land is acquired or taken” there is substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and

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

3

• (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965 Act (as modified by paragraph 8 of Schedule 7 to the Norfolk Vanguard Offshore Wind Farm Order 2022); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 6 of Schedule 7 to the Norfolk Vanguard Offshore Wind Farm Order 2022) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of the 1965 Act

4

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

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

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

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

5

For section 7 of the 1965 Act (measure of compensation in case of severance) there is substituted the following section—

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

6

Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—

SCHEDULE 2A Introduction (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 22 (application of the 1981 Act) of the Norfolk Vanguard Offshore Wind Farm Order 2022 in respect of land to which the notice to treat relates. (2) But see article 24(3) (acquisition of subsoil or airspace only) of the Norfolk Vanguard Offshore Wind Farm Order 2022, which excludes acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the undertaker to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice the undertaker must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The undertaker must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the undertaker decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the undertaker does not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the undertaker serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the proposed use of the right, and (c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the undertaker ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the undertaker ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the undertaker withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

7

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

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

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

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

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

8

Section 11 of the 1965 Act (powers of entry) is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 18), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

9

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

10

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

SCHEDULE 8 — Land of which temporary possession may be taken

(1) Area	(2) Number of land shown on land plan	(3) Purpose for which temporary possession may be taken	(4) Part of the authorised project
District of North Norfolk	01/07, 01/08, 01/09, 01/10, 01/11, 02/01, 02/02	Facilitating construction and carrying out the authorised project; construction compounds for carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 4B, 4C and 5
District of North Norfolk	01/01, 01/02, 01/03, 01/04, 01/05, 01/06, 01/13, 01/17, 01/18, 01/19, 01/20, 02/03, 01/12, 02/04, 02/05, 02/09, 02/11, 02/12, 02/13, 02/14, 02/16, 02/18, 02/19, 02/21, 02/22, 02/23, 03/01, 03/02, 03/04, 03/05, 03/06, 03/07, 03/08, 03/09, 03/10, 03/11, 03/13, 04/01, 04/02, 04/03, 04/05, 04/08, 04/09, 04/10, 04/11, 04/12, 05/01, 05/03, 05/04, 05/06, 05/07, 05/08, 05/10, 06/01, 06/02, 06/03, 06/04, 06/05, 06/10, 06/14, 07/01, 07/03, 07/04, 07/06, 07/09, 07/10, 08/02, 08/05, 08/07, 08/08, 08/10, 08/13, 08/15, 08/17, 08/19, 08/20, 08/21, 08/23, 09/03, 09/07, 09/08, 09/11, 09/12, 09/15, 09/16, 10/01, 10/02, 10/04, 10/05, 10/11, 10/14, 10/15, 10/16, 10/17, 11/01, 11/03, 11/05, 11/06, 11/09, 11/10, 11/12, 11/13, 11/14, 12/02, 12/03, 12/04, 12/05, 12/06, 12/10, 13/02, 13/05, 13/08, 13/09, 13/10, 13/11, 13/13, 14/02, 14/03, 14/04, 14/05	Facilitating construction and carrying out the authorised project; carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 4A, 4B, 4C and 5
District of North Norfolk	01/14, 01/15, 01/16, 02/06, 02/07, 02/08, 02/10, 02/15, 02/17, 02/20, 03/03, 03/12, 04/04, 05/02, 05/05, 05/09, 05/11, 06/06, 06/08, 06/09, 06/11, 06/13, 07/02, 07/05, 07/07, 07/08, 07/12, 08/03, 08/04, 08/06, 08/12, 09/06, 09/09, 09/10, 09/13, 09/14, 10/07, 10/08, 10/09, 10/10, 11/02, 11/04, 11/07, 11/08, 11/11, 11/15, 12/01, 12/07, 12/09, 13/01, 13/04, 13/06, 13/07, 13/12, 14/01, 14/06	Laying of hardstanding and improvements to tracks; access for carrying out the authorised project.	Work Nos. 4B, 4C, 5 and 6
District of North Norfolk	04/06, 04/07, 09/04, 09/05, 10/12	Facilitating construction and carrying out Work No. 5; mobilisation zone for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 4C and 5
District of North Norfolk	06/07, 07/11, 08/01, 08/07, 08/09, 08/11, 08/14, 08/16, 08/18, 08/22, 08/24, 09/01, 09/02, 10/03, 10/06, 10/13, 12/08, 12/11, 13/03	Facilitating construction and carrying out Work No. 5; trenchless crossing zone for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work No. 5
District of North Norfolk	06/12	Facilitating construction and carrying out Work No. 5; mobilisation zone and trenchless crossing zone for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work No. 5
Districts of North Norfolk and Broadland	14/07	Facilitating construction and carrying out the authorised project; carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 5 and 6
Districts of North Norfolk and Broadland	14/08	Facilitating construction and carrying out Work Nos. 5 and 6; trenchless crossing zone for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 5 and 6
District of Broadland	14/09, 14/12, 14/15, 14/18, 14/20, 14/26, 14/27, 15/02, 15/03, 15/04, 15/05, 15/07, 15/11, 15/13, 15/15, 16/03, 16/05, 16/08, 16/09, 16/10, 16/12, 16/13, 17/01, 17/02, 17/03, 17/04, 17/05, 17/07, 18/01, 18/02, 18/04, 18/05, 18/08, 18/13, 18/14, 19/04,, 19/07, 20/01, 20/02, 20/03, 20/06, 20/07, 20/09, 20/10, 20/17, 20/19, 20/20, 21/01, 21/03, 21/08, 22/01, 22/03, 22/04, 22/05, 22/06, 22/07, 22/12, 22/13, 22/14, 22/15, 23/01, 23/03, 23/05, 23/06, 23/07, 23/08, 23/09, 23/11, 23/13, 23/14, 24/01, 24/04, 24/05, 24/08, 24/10, 24/11, 24/16, 24/19, 25/02, 25/04, 25/06, 25/07, 26/01	Facilitating construction and carrying out the authorised project; carrying out the authorised project; access for carrying out the authorised project.	Work No. 6
District of Broadland	14/10, 14/21, 14/23, 14/25, 14/28, 15/01, 15/06, 15/09, 21/10, 21/11, 21/17, 23/04, 23/10, 23/12, 24/09, 24/12	Facilitating construction and carrying out Work No. 6; trenchless crossing zone for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work No. 6
District of Broadland	14/11, 14/13, 14/16, 14/19, 14/22, 14/24, 15/08, 15/10, 15/12, 15/14, 16/01, 16/02, 16/04, 16/06, 16/07, 16/11, 16/14, 17/06, 18/06, 18/07, 18/09, 18/10, 18/11, 18/12, 19/01, 19/02, 19/03, 19/06, 19/08, 19/09, 20/04, 20/05, 20/08, 20/11, 20/12, 20/13, 20/14, 20/15, 20/16, 20/18, 21/04, 21/05, 21/07, 21/09, 21/12, 21/13, 21/14, 21/15, 21/16, 22/02, 22/08, 22/09, 22/10, 22/11, 22/16, 23/02, 24/02, 24/03, 24/06, 24/07, 24/13, 24/14, 24/15, 24/17, 24/18, 25/01, 25/03, 25/05, 26/02, 26/04	Laying of hardstanding and improvements to tracks; access for carrying out the authorised project.	Work Nos. 5, 6 and 7
District of Broadland	14/14, 19/05	Facilitating construction and carrying out Work No. 6; mobilisation zone and trenchless crossing zone for construction, laydown, and carrying out the authorised project; access for carrying out the authorised project.	Work No. 6
District of Broadland	18/03, 20/21, 21/02, 21/06	Facilitating construction and carrying out Work No. 6; mobilisation zone for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work No. 6
District of Broadland	18/15, 18/16	Temporary storage site; worksites for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 5, 6, 7
Districts of Broadland and Breckland	26/03	Facilitating construction and carrying out the authorised project; carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 6 and 7.
District of Breckland	26/05, 26/06, 26/08, 26/10, 26/11, 26/13, 27/02, 27/04, 27/06, 27/13, 28/04, 28/05, 29/05, 29/07, 29/09, 29/10, 29/12, 30/02, 30/03, 30/04, 30/05, 30/06, 30/10, 30/11, 31/02, 31/03, 31/04, 31/05, 32/02, 32/03, 32/06, 32/09, 32/12, 32/13, 32/14, 32/15, 33/02, 33/03, 33/04, 33/12, 34/03, 34/04, 34/08, 34/09, 34/10, 34/11, 34/13, 35/11, 35/12, 36/02, 36/05, 36/06, 36/08, 36/09, 36/10, 36/11, 36/14, 36/15, 36/16, 36/17, 36/21, 37/05, 37/13, 37/14, 38/02, 38/03, 38/05, 38/06, 38/08, 41/08, 41/10, 41/11, 41/13, 41/16, 41/22, 39/07, 40/02, 40/03	Laying of hardstanding and improvements to tracks; access for carrying out the authorised project.	Work Nos. 6, 7
District of Breckland	26/07, 26/09, 26/12, 26/14, 26/15, 27/01, 27/05, 27/07, 27/08, 27/09, 27/10, 27/11, 27/14, 27/15, 27/16, 28/01, 28/02, 28/03, 28/08, 29/02, 29/08, 29/11, 29/13, 30/01, 30/07, 30/08, 30/09, 30/12, 31/01, 31/06, 31/07, 31/08, 31/09, 31/11, 31/12, 31/13, 32/01, 32/04, 32/05, 32/07, 32/08, 32/10, 32/11, 33/01, 33/06, 33/08, 33/09, 33/11, 33/14, 33/15, 33/16, 34/01, 34/05, 34/06, 34/07, 35/01, 35/03, 35/04, 35/05, 35/06, 35/07, 35/09, 35/13, 35/15, 35/16, 36/01, 36/03, 36/04, 36/07, 36/12, 36/13, 36/18, 36/20, 37/01, 37/02, 37/07, 37/08, 37/09, 37/11, 37/16, 37/17, 37/18, 37/19, 37/20, 37/21, 37/22, 38/01, 38/04, 38/07, 38/09, 39/10, 40/11, 40/14, 40/20, 40/23, 41/03, 41/14, 41/15, 38/11, 38/12, 39/01, 39/02, 39/03, 39/04, 39/05, 39/06, 39/09, 39/12, 39/13, 39/15, 39/16, 40/01, 40/04, 40/12, 41/05	Facilitating construction and carrying out the authorised project; carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 7
District of Breckland	27/03, 27/12, 31/10, 33/17, 34/02, 37/04, 37/12, 37/15	Facilitating construction and carrying out Work Nos. 7; mobilisation zone for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 7
District of Breckland	27/08, 28/06, 28/07, 28/09, 28/10, 29/01, 29/03, 29/04, 29/06, 33/05, 33/07, 33/09, 33/10, 33/13, 34/12, 35/02, 35/08, 35/10, 35/14, 36/19, 37/10	Facilitating construction and carrying out Work Nos. 7; trenchless crossing zone for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 7
District of Breckland	37/03, 37/06	Facilitating construction and carrying out Work Nos. 7; mobilisation zone and trenchless crossing zone for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 7
District of Breckland	40/16	Construction compound; worksites for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 7, 8A, 8B, 9 and 12
District of Breckland	40/26, 40/26a 40/27, 40/27a, 40/28, 40/31, 40/31a, 40/32, 40/33, 40/33a, 40/33b, 41/01, 41/01a, 41/01b, 41/07, 41/09, 41/17, 41/18, 41/27, 41/28, 41/30, 41/30b, 41/30c, 41/30d, 41/30e, 41/30f, 41/39, 41/40, 41/40a, 41/41, 41/42, 41/43, 41/44, 41/45, 41/46, 41/47, 41/48, 42/04	Facilitating construction and carrying out the authorised project and works to the National Grid overhead lines; worksites for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 7, 8A, 8B, 9, 10A, 10B, 10C, 11, 11A and 12
District of Breckland	41/07, 41/09, 41/17, 41/18	Construction compound and carrying out the authorised project; worksites for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 9, 10A, 10B, 10C, 11 and 12
District of Breckland	41/12, 42/05, 42/06	Facilitation construction and carrying out Work No. 12; worksites for construction and laydown and carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 10C and 12
District of Breckland	41/23, 41/24, 41/25	Facilitating construction and carrying out Work No. 10B; carrying out the authorised project; access for carrying out the authorised project.	Work Nos. 8B, 9, 10A, 10B, 10C, 11, 11A and 12
District of Breckland	41/33	Facilitating construction and carrying out Work No. 11 and Work No. 11A; carrying out the authorised project; access for carrying out the authorised project.	Work No. 11, and Work No. 11A
District of Breckland	42/02, 42/03	Facilitating construction and carrying out Work No. 12; worksites for construction and laydown and carrying out the authorised project; park and ride offload area for substation construction; access for carrying out the authorised project.	Work Nos. 8A, 8B, 9 and 12

SCHEDULE 9 — Deemed Licence under the 2009 Act – Generation Assets (Licence 1 – Phase 1)

PART 1 — Interpretation

1

In this licence—

• “the 2004 Act” means the Energy Act 2004;

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

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

• “the 2017 Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 2017[^f00047];

• “accommodation platform” means a fixed structure providing offshore accommodation for personnel

• “authorised deposits” means the substances and articles specified in paragraph 5 of Part 2 of this licence;

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

• “cable protection” means measures for offshore cable crossings and where cable burial is not possible due to ground conditions or approaching offshore structures, to protect cables and fibre optic 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;

• “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 4 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;

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

• “draft marine mammal mitigation protocol” means the document certified as the draft marine mammal mitigation protocol by the Secretary of State for the purposes of this Order;

• “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 Part 4 (marine licensing) of the 2009 Act;

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

• “gravity base system” 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, transition piece, corrosion protection systems, fenders and maintenance equipment, boat access systems, access ladders and access and rest platform(s) and equipment;

• “HAT” means highest astronomical tide;

• “in principle Norfolk Vanguard Southern North Sea Special Area of Conservation Site Integrity Plan” means the document certified as the in principle Norfolk Vanguard Southern North Sea Special area of Conservation Site Integrity Plan by the Secretary of State for the purposes of this Order;

• “jacket foundation” means a steel jacket/ lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel pin piles or steel suction caissons and associated equipment including scour protection, J-tubes, transition piece, corrosion protection systems, fenders and maintenance equipment, boat access systems, access ladders and access and rest platform(s) and equipment;

• “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;

• “licence 2 (generation)” means the licence set out in Schedule 10 (deemed licence under the 2009 Act – generation assets (licence 2 – phase 2));

• “licensed activities” means the activities specified in Part 3 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), any cable, and any component part of any wind turbine generator, offshore electrical substation, accommodation platform or meteorological mast described in Part 1 of Schedule 1 (authorised development) not including the alteration, removal or replacement of foundations), to the extent assessed in the environmental statement; and “maintenance” is 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;

• “marker buoy” means any floating device used for marker or navigation purposes, including LIDAR buoys and wave buoys;

• “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;

• “measurement buoy” means any floating device used for measurement purposes, including LIDAR buoys and wave buoys;

• “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, transition piece, corrosion protection systems, fenders and maintenance equipment, boat access systems, access ladders and access and rest platform(s) and equipment;

• “Norfolk Vanguard East” means the eastern area located in the offshore Order limits within which wind turbine generators will be situated;

• “Norfolk Vanguard West” means the western area located in the offshore Order limits within which wind turbine generators will be situated;

• “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 cables offshore;

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

• “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 Part 2 of this licence;

• “the Order” means the Norfolk Vanguard Offshore Wind Farm Order 2022;

• “outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State for the purposes of this Order;

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

• “pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure steel jacket foundations;

• “relevant site” means a European offshore marine site or a European site as defined in the 2017 Regulations;

• “scour protection” means measures to prevent loss of seabed sediment around any marine structure placed in or on the seabed by use of protective aprons, mattresses with or without frond devices, or rock and gravel placement.

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

• “statutory historic body” means Historic Buildings and Monuments Commission for England (Historic England) or its successor in function;

• “statutory nature conservation body” means an organisation charged by government with advising on nature conservation matters;

• “suction caisson” means a large diameter steel cylindrical shell which penetrates the seabed assisted by a hydrostatic pressure differential for fixity of foundations;

• “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;

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

• “undertaker” means Norfolk Vanguard Limited (Company No. 08141115) whose registered office is at 5th Floor, 70 St Mary Axe, London EC3A 8BE;

• “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 up to three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include corrosion protection systems, helicopter landing facilities and other associated equipment, fixed to a foundation; and

• “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); and

• (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 points of contact with the organisations listed below and the addresses for returns and correspondence are—

• (a) Marine Management Organisation

Marine Licensing

Lancaster House

Hampshire Court

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032;

• (b) Marine Management Organisation (local office)

Lowestoft Office

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 573 149;

• (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 2426;

• (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

Cannon Bridge

House 25

Dowgate Hill

London

EC4R 2YA

Tel: 020 7973 3700

PART 2 — Licensed Marine Activities – General

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) and (8) 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

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 (including fibre optic cable) sandwave preparation works; and

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

6

The grid coordinates for the authorised scheme are specified below—

Point	Latitude (DMS)	Longitude (DMS)	Point	Latitude (DMS)	Longitude (DMS)
1	52° 55′ 0.308″ N	3° 4′ 42.589″ E	6	53° 2′ 36.817″ N	2° 34′ 16.309″ E
2	52° 49′ 53.975″ N	3° 5′ 22.789″ E	7	52° 49′ 38.834″ N	2° 34′ 15.809″ E
3	52° 46′ 19.050″ N	3° 2′ 16.682″ E	8	52° 48′ 47.472″ N	2° 33′ 28.343″ E
4	52° 45′ 10.584″ N	2° 45′ 33.989″ E	9	52° 48′ 3.133″ N	2° 26′ 37.427″ E
5	52° 51′ 41.636″ N	2° 45′ 34.220″ E	10	52° 56′ 9.089″ N	2° 18′ 33.231″ E

PART 3 — Details of Licensed Marine Activities

1

Subject to the licence conditions at Part 4, 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) (licensable marine activities) of the 2009 Act—

• (a) the deposit at sea of the substances and articles specified in paragraph 5 of Part 2 of this licence;

• (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;

• (d) the disposal of up to 37,736,390m³ of inert material of natural origin within the offshore Order limits produced during construction drilling or seabed preparation for foundation works and cable (including fibre optic cable) sandwave preparation works at disposal site references HU215 and HU216 within the extent of the Order limits seaward of MHWS, comprising—

• (i) 36,000,000 m³ for cable and fibre optic cable installation;

• (ii) 1,648,824 m³ for the wind turbine generators;

• (iii) 75,000 m³ for the accommodation platform; and

• (iv) 12,566 m³ for the meteorological masts;

• (e) the removal of static fishing equipment; and

• (f) the disposal of drill arisings in connection with any foundation drilling up to 400,624 m³

2

• (1) Such activities are authorised in relation to the construction, maintenance and operation of Work No. 1 (phase 1)—

• (a) an offshore wind turbine generating station with an electrical export capacity of up to 1,800 MW at the point of connection to the offshore electrical platform(s) referred to at Work No. 2 comprising up to 158 wind turbine generators each fixed to the seabed by one of the following foundation types: monopile (piled or suction caisson), jacket (piled or 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;