The East Anglia ONE North Offshore Wind Farm Order 2022

Where in consequence of the proposed construction of any of the authorised development, the undertaker or the statutory undertaker requires the removal of apparatus under paragraph 7(2) or a statutory undertaker makes requirements for the protection or alteration of apparatus under paragraph 9 the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the statutory undertaker’s undertaking and the statutory undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

Access

16

If in consequence of the agreement reached in accordance with paragraph 6 or the powers granted under the Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as enables the statutory undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

17

Any difference or dispute arising between the undertaker and the statutory undertaker must, unless otherwise agreed in writing between the undertaker and the statutory undertaker, be determined by arbitration in accordance with article 37 (arbitration) of the Order.

PART 6 — Protection for East Anglia ONE Offshore Wind Farm and East Anglia THREE Offshore Wind Farm

1

For the protection of the statutory undertakers referred to in this part of this Schedule the following provisions have effect unless otherwise agreed in writing between the undertaker and the statutory undertaker concerned.

2

In this part of this schedule—

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

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

• “specified works” means works authorised by this Order (or authorised by any marine licence intended to operate in conjunction with this Order) that are to be carried out within 750 metres of apparatus belonging to a statutory undertaker; and

• “statutory undertaker” means, as appropriate—the statutory undertaker who owns and/or operates the transmission assets under the East Anglia ONE Offshore Wind Farm Order 2014⁴³;the statutory undertaker who owns and/or operates the transmission assets under the East Anglia THREE Offshore Wind Farm Order 2017⁴⁴.

3

• (1) Not less than 56 days (or such lesser period agreed by the statutory undertaker, acting reasonably) before commencing the execution of any specified works, the undertaker must submit to the statutory undertaker a plan.

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

• (3) Any approval of the statutory undertaker required under sub-paragraph (2)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (4), (6) or (7);

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

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

• (5) Specified works executed under this Order must be executed only in accordance with the plan, submitted under sub-paragraph (1), as amended from time to time by agreement between the undertaker and the statutory undertaker and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (4) or (6) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker is entitled to watch and inspect the execution of those works.

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

• (7) In relation to a specified work to which sub-paragraph (1) applies, it is reasonable for a statutory undertaker to require as a condition of granting approval that the undertaker enter into a cable proximity agreement on reasonable terms reflecting industry good practice.

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

• (9) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to the statutory undertaker notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraph (4) and (6) insofar as is reasonably practicable in the circumstances.

Expenses

4

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

• (a) the approval of plans;

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

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

Compensation

5

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

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

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

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

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

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

Co-operation

6

Where in consequence of the proposed construction of any of the authorised development, a statutory undertaker makes requirements for the protection or alteration of apparatus under paragraph 3 the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the statutory undertaker’s undertaking and the statutory undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

Arbitration

7

Any difference or dispute arising between the undertaker and the statutory undertaker must, unless otherwise agreed in writing between the undertaker and the statutory undertaker, be determined by arbitration in accordance with article 37 (arbitration) of the Order.

PART 7 — Protection for EDF Energy

Application

1

For the protection of EDF Energy the following provisions of this Schedule shall have effect unless otherwise agreed in writing between the undertaker and EDF Energy.

Interpretation

2

In this Part of this Schedule—

• “EDF Energy” means EDF Energy Nuclear Generation Limited (company number 03076445);

• “HDD punch out” means the location where the drilling bit associated with the HDD exits out of the pilot hole on the seabed;

• “utility apparatus” includes water mains, pipes, electricity or telecommunication cables, or other apparatus belonging to or maintained by a statutory undertaker.

Interaction at Sizewell Gap

3

• (1) The undertaker shall consult with EDF Energy in the preparation of the Sizewell Gap construction method statement prior to submission of the Sizewell Gap construction method statement to the relevant planning authority for approval in accordance with requirement 22.

• (2) The undertaker shall consult with EDF Energy in the preparation of—

• (a) the access management plan, to the extent that it relates to Work Nos. 10, 11 or 15; and

• (b) the construction traffic management plan, to the extent that it relates to Work Nos. 10 or 15,

prior to the submission of each plan to the relevant highway authority for approval in accordance with requirements 16 and 28 respectively.

• (3) Prior to carrying out any of Work Nos. 10, 11 and or 15, the undertaker shall carry out surveys to establish the location of all utility apparatus within these areas which has the potential to provide services to EDF Energy.

• (4) In the event of any damage to any utility apparatus which provides services to EDF Energy within the area of Work Nos. 10, 11 and 15, the undertaker shall immediately inform EDF Energy and shall use best endeavours to secure the repair of any damage within 24 hours.

Quality of Sizewell B cooling water intake

4

• (1) Save for urgent reasons of vessel safety which mean there is insufficient time to comply with this sub-paragraph, in which case the undertaker shall use its reasonable endeavours to contact EDF Energy immediately to inform of non-compliance by a mechanism previously agreed in writing with EDF Energy, all operations carried out by the undertaker must avoid the area labelled “Sizewell B Tidally Restricted Shallow Water Area / Vessel Transit and Loading Exclusion Zone” and coloured purple on the Activity Exclusion Zones plan (Drawing No. EA1N-DEV-DRG-IBR-001260).

• (2) Sub-paragraph (1) applies unless EDF Energy otherwise agrees in writing either a modification of the procedure described above or an alternative protective measure and that alternative method is shown to be of no greater risk to the Sizewell B intake and its function (such agreement not to be unreasonably withheld or delayed).

Coralline Crag

5

• (1) The undertaker shall consult with EDF Energy in the preparation of the landfall construction method statement prior to submission of the landfall construction method statement to the relevant planning authority for approval in accordance with requirement 13.

• (2) Prior to carrying out Work No. 6, the undertaker shall carry out geophysical surveys to confirm the visible extent of the Coralline Crag formation and shall provide the results of such surveys to the extent that they demonstrate the visible extent of the Coralline Crag to EDF Energy on completion.

• (3) The undertaker must not undertake cable trenching activities or locate the HDD punch out within—

• (a) the Punch Out and Trenching Restriction Area shown on the Activity Exclusion Zones plan (Drawing No. EA1N-DEV-DRG-IBR-001260); or

• (b) the visible extent of the Coralline Crag as confirmed by the surveys undertaken under sub-paragraph (2),

unless otherwise agreed with EDF Energy (such agreement not to be unreasonably withheld or delayed).

Arbitration

6

Any difference or dispute arising between EDF Energy and the undertaker must, unless otherwise agreed in writing between EDF Energy and the undertaker, be determined by arbitration in accordance with article 37 (arbitration) of the Order.

PART 8 — Protection of NNB Generation Company (SZC) Limited

Application

1

For the protection of SZC Co. the following provisions of this Schedule have effect unless otherwise agreed in writing between the undertaker and SZC Co.

Interpretation

2

In this Part of this Schedule—

• “SZC Co.” means NNB Generation Company (SZC) Limited (company number 09284825).

Interaction at Sizewell Gap

3

The undertaker shall consult with SZC Co. in the preparation of the Sizewell Gap construction method statement, to the extent that it relates to Work No. 15, prior to submission of the Sizewell Gap construction method statement to the relevant planning authority for approval in accordance with requirement 22.

Interaction at Snape Road

4

The undertaker shall consult with SZC Co. in the formulation of the proposed method of working and timing of execution of works within the area of Work No. 35, prior to Work No. 35 commencing.

Interaction at Friday Street

5

The undertaker shall consult with SZC Co. in the formulation of the proposed method of working and timing of execution of works within the area of Work No. 36, prior to Work No.36 commencing.

Sizewell C proposed intake infrastructure

6

• (1) Save for urgent reasons of vessel safety and subject to sub-paragraph (2), the undertaker shall not carry out any of the authorised project (including the placement temporary or otherwise of anchors or moorings) within the area labelled “Overlap of Sizewell C Order limits with East Anglia ONE North Order limits” and hatched purple on the Sizewell C Order Limits Interaction – Offshore Plan (Drawing No. EA1N-DEV-DRG-IBR-001283) without having first submitted to and secured approval from SZC Co. details of the proposed method of working within these areas (such approval not to be unreasonably withheld or delayed) and thereafter the undertaker shall implement the authorised project in full accordance with such approved details.

• (2) Nothing in this paragraph shall prevent the passage of vessels within the area specified in sub-paragraph (1) prior to the construction of any works within that location by SZC Co. at any time.

Acquisition of land

7

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not, to the extent that the exercise of such powers relates to the carrying out of Work Nos. 15, 35 or 36, acquire any land interest or rights or impose restrictive covenants over land belonging to SZC Co. and may not override or extinguish any easement and/or other rights or interests of SZC Co. otherwise than by agreement.

Arbitration

8

Any difference or dispute arising between SZC Co. and the undertaker must, unless otherwise agreed in writing between SZC Co. and the undertaker, be determined by arbitration in accordance with article 37 (arbitration) of the Order.

SCHEDULE 11 — Hedgerows

PART 1 — Removal of important hedgerows

(1)	(2)
Area	Reference of hedgerow
District of East Suffolk	The important hedgerow marked 3 on sheet 1 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 10 on sheet 3 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 11 on sheet 3 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 12 on sheet 3 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 15 on sheet 4 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 17 on sheet 4 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 19 on sheet 5 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 21 on sheet 5 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 26 on sheet 6 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 27 on sheet 6 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 28 on sheet 6 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 29 on sheet 6 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 30 on sheet 6 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 35 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 36 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 37 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 38 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 39 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 40 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 41 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 42 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 43 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 44 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 45 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 46 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 47 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 48 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 49 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 50 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 51 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 52 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 54 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 56 on sheet 8 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 57 on sheet 8 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 58 on sheet 8 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 60 on sheet 7 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 61 on sheet 9 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 62 on sheet 9 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 63 on sheet 9 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 64 on sheet 9 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 65 on sheet 9 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 66 on sheet 9 of 12 of the important hedgerows and tree preservation order plan.

PART 2 — Important hedgerows that will be crossed using a reduced working width

(1)	(2)
Area	Reference of hedgerow
District of East Suffolk	The important hedgerow marked 1 on sheet 1 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 2 on sheet 1 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 4 on sheet 2 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 6 on sheet 2 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 7 on sheet 2 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 8 on sheet 3 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 9 on sheet 3 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 14 on sheet 4 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 16 on sheet 4 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 18 on sheet 4 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 20 on sheet 5 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 22 on sheet 5 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 23 on sheet 5 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 24 on sheet 6 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 31 on sheet 6 of 12 of the important hedgerows and tree preservation order plan.
District of East Suffolk	The important hedgerow marked 32 on sheet 6 of 12 of the important hedgerows and tree preservation order plan.

SCHEDULE 12 — Trees subject to tree preservation orders

(1)	(2)	(3)	(4)
Area	Type of tree	Reference of trees	Work to be carried out
District of East Suffolk	Several mixed deciduous and coniferous species consisting mainly of Silver Birch, Oak, Beech, Sycamore, Horse Chestnut, Cherry, Scots Pine, Corsican Pine, mixed Ornamental Conifers and Evergreen Oak.	Tree Preservation Order 1987, Area Number A1, TPO Number SCDC/87/00030 marked on sheet 5 of 12 of the important hedgerows and tree preservation order plan.	Removal, trimming, lopping and coppicing of trees within Tree Preservation Order 1987, Area Number A1, TPO Number SCDC/87/00030 to be carried out to facilitate the construction of the authorised development and to ensure its future operation.

SCHEDULE 13 — Deemed licence under the 2009 Act - generation assets

PART 1 — Licensed marine activities

1

• (1) In this licence—

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

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

• “the 2017 Offshore Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 2017⁴⁵;

• “the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017⁴⁶;

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

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

• “authorised scheme” means Work Nos. 1 to 4 described in paragraph 3 of Part 1 of this licence or any part of that work;

• “best practice protocol for minimising disturbance to red-throated diver” means the document certified as the best practice protocol for minimising disturbance to red-throated diver by the Secretary of State for the purposes of the Order under article 36;

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

• “cable crossings” means the crossing of existing sub-sea cables or pipelines or other existing infrastructure by the platform link or export cables authorised by the Order together with physical protection measures including cable protection;

• “cable protection” means measures to protect cables from physical damage and including, but not limited to, the use of bagged solutions filled with grout or other materials, protective aprons or coverings, mattresses, flow energy dissipation devices or rock and gravel burial;

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

• “commence” means the first carrying out of any licensed marine activities authorised by this licence, save for operations consisting of offshore preparation works or pre–construction monitoring surveys approved under this licence and the words “commencement” and “commenced” must be construed accordingly;

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

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

• “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 under article 36;

• “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 the Order under article 36;

• “European offshore marine site” has the meaning given in regulation 18 of the 2017 Offshore Regulations;

• “European site” has the meaning given in regulation 27 of the 2017 Offshore Regulations;

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

• “Historic England” means the Historic Buildings and Monuments Commission for England;

• “in principle monitoring plan” means the document certified as the in principle monitoring plan by the Secretary of State for the purposes of the Order under article 36;

• “in principle East Anglia ONE North Project Southern North Sea SAC Site Integrity Plan” means the document certified as the in principle East Anglia ONE North Project Southern North Sea SAC Site Integrity Plan by the Secretary of State for the purposes of the Order under article 36;

• “inter-array cable” means the cables linking the wind turbine generators to each other and to the offshore electrical platforms and described in paragraph (c) of Work No. 1;

• “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 buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

• “JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’ Joint Nature Conservation Committee Report No.654, May 2020 published in June 2020 as amended, updated or superseded from time to time;

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

• “LAT” means lowest astronomical tide;

• “layout principles statement” means the document certified as the layout principles statement by the Secretary of State for the purposes of the Order under article 36;

• “licence 2 (transmission)” means the licence set out in Schedule 14 (deemed licence under the 2009 Act – offshore transmission assets);

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

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

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

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

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

• “MCA” means the Maritime and Coastguard Agency;

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

• “offshore electrical platform” means a platform with one or more decks, whether open or fully clad, accommodating electrical power transformers, low, medium and/or high voltage switch gear, instrumentation, protection and control systems, neutral earthing resistors, reactive compensation, standby electrical generation equipment, fuelling facilities, auxiliary and uninterruptible power supply systems and transformers, accommodation, emergency shelter, craneage, metering stations, meteorological equipment, helicopter landing facilities, messing facilities, potable water storage, black water separation equipment, control hub, drainage facilities, access equipment, J-tubes, marking and lighting and other associated equipment and facilities to enable the transmission of electronic communications and for electricity to be collected at, and exported from, the platform;

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

• “offshore platforms” means the construction, operation and maintenance platform and the offshore electrical platforms;

• “offshore preparation works” means surveys, monitoring and UXO clearance activities seaward of MHWS undertaken prior to the commencement of construction to prepare for construction;

• “the Order” means the East Anglia ONE North Offshore Wind Farm Order 2022;

• “outline fisheries liaison and coexistence plan” means the document certified as the outline fisheries liaison and coexistence plan by the Secretary of State for the purposes of the Order under article 36;

• “outline navigation monitoring strategy” means the document certified as the outline navigation monitoring strategy by the Secretary of State for the purposes of the Order under article 36;

• “outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of the Order under article 36;

• “outline Sabellaria reef management plan” means the document certified as the outline Sabellaria reef management plan by the Secretary of State for the purposes of the Order under article 36;

• “outline written scheme of investigation (offshore)” means the document certified as the outline written scheme of investigation (offshore) by the Secretary of State for the purposes of the Order under article 36;

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

• “platform link cables” means the cables linking offshore platforms to one another and described in Work No. 4;

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

• “SAC” means special area of conservation;

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

• “statutory nature conservation body” means the appropriate nature conservation body as defined in regulation 5 of the 2017 Regulations;

• “suction caisson” means large diameter steel cylindrical shells which penetrate the seabed assisted by a hydrostatic pressure differential for securing steel jacket foundations;

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

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

• “undertaker” means East Anglia ONE North Limited (company number 11121800);

• “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;

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

• “UXO” means unexploded ordnance;

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

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

• (2) A reference to any statute, order, regulation or similar instrument is construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

• (3) Unless otherwise indicated—

• (a) all times are taken to be Greenwich Mean Time (GMT);

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

• (4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence are—

• (a) Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032;

• (b) Marine Management Organisation (local office)

Marine Environment Team

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 0208 026 6094;

• (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) Natural England

Area 1C, Nobel House

17 Smith Square

London

SW1P 2AL

Tel: 0300 060 4911;

• (g) Historic England

Brooklands

24 Brooklands Avenue

Cambridge

CB2 8BU

Tel: 01223 582749.

Details of licensed marine activities

2

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

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

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

• (c) dredging for the purposes of seabed preparation for foundation works and cable laying preparation works;

• (d) debris clearance works;

• (e) boulder clearance works either by displacement ploughing or subsea grab technique or other equivalent method;

• (f) UXO clearance works;

• (g) the removal of out of service cables;

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

• (i) the disposal of up to 2,832,568 m³ of inert material of natural origin and/or dredged material within the offshore Order limits produced during construction drilling or seabed preparation for foundation works, sandwave clearance and boulder clearance works at disposal site reference(s) to be provided by the MMO within the extent of the Order limits seaward of MHWS comprising—

• (i) 1,590,036 m³ in respect of the wind turbine generators;

• (ii) 400,000 m³ in respect of the inter-array cables;

• (iii) 23,732 m³ in respect of the meteorological mast;

• (iv) 668,800 m³ in respect of the construction, operation and maintenance platform and the offshore electrical platforms (some of which may alternatively be disposed under licence 2 (transmission)); and

• (v) 150,000 m³ in respect of the platform link cables (some of which may alternatively be disposed under licence 2 (transmission)).

3

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

• (2) Work No. 1—

• (a) an offshore wind turbine generating station with a gross electrical output capacity of over 100 MW comprising up to 67 wind turbine generators each fixed to the seabed by one of five foundation types (namely monopile, jacket on suction caissons, jacket on piles, suction caisson or gravity base), fitted with rotating blades and situated within the area shown on the works plans and further comprising (b) to (c) below;

• (b) up to one meteorological mast fixed to the seabed within the area shown on the works plans by one of five foundation types (namely monopile, jacket on suction caissons, jacket on piles, suction caisson or gravity base); and

• (c) a network of subsea inter-array cables within the area shown on the works plans between the wind turbine generators and between the wind turbine generators and Work No. 3 for the transmission of electricity and electronic communications including one or more cable crossings.

• (3) Work No. 2 — up to one construction, operation and maintenance platform fixed to the seabed within the area shown on the works plans by one of four foundation types (namely monopile, jacket on suction caissons, jacket on piles or gravity base) (which may alternatively be constructed under licence 2 (transmission));

• (4) Work No. 3 — up to four offshore electrical platforms fixed to the seabed within the area shown on the works plans by one of four foundation types (namely monopile, jacket on suction caissons, jacket on piles or gravity base) (which may alternatively be constructed under licence 2 (transmission));

• (5) Work No. 4 — a network of subsea platform link cables within the area shown on the works plans between the offshore electrical platforms comprising Work No. 3 and between the construction, operation and maintenance platform comprising Work No. 2 and the offshore electrical platforms comprising Work No. 3 for the transmission of electricity and electronic communications including one or more cable crossings (which may alternatively be constructed under licence 2 (transmission));

• (6) In connection with such Work Nos. 1 to 4 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, including—

• (a) scour protection around the foundations of the offshore structures;

• (b) cable protection measures such as rock placement and the placement of concrete mattresses and frond mattresses;

• (c) dredging;

• (d) the removal of material from the seabed required for the construction of Work Nos. 1 to 4 and the disposal of seabed sediments produced during construction drilling and seabed preparation for the installation of the foundations of the offshore structures or during seabed preparation for cable laying;

• (7) In connection with such Work Nos. 1 to 4, ancillary works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

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

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

4

The substances or articles authorised for deposit at sea are—

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

• (b) stone and rock;

• (c) concrete;

• (d) sand and gravel;

• (e) plastic and synthetic;

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

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

5

The grid coordinates for the authorised scheme are specified below—

Point	Latitude	Longitude
1	52° 21 40.240N	02° 18 57.351E
2	52° 22 49.082N	02° 18 20.131E
3	52° 25 41.851N	02° 18 38.726E
4	52° 26 07.817N	02° 19 55.691E
5	52° 25 47.948N	02° 34 14.117E
6	52° 20 33.278N	02° 34 13.789E
7	52° 20 19.052N	02° 28 56.310E
8	52° 18 11.924N	02° 20 49.771E
9	52° 21 07.976N	02° 19 14.783E

6

This licence remains in force until the authorised scheme has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 of the 2004 Act, including any modification to the programme under section 108, and the completion of such programme has been confirmed by the Secretary of State in writing.

7

The provisions of section 72 of the 2009 Act apply to this licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence only apply to a transfer not falling within article 5 (benefit of the Order).

8

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

9

Any amendments to the details, plan or scheme must be in accordance with the principles and assessments set out in the environmental statement, and approval for an amendment may be given only where it has been demonstrated to the satisfaction of the MMO that the amendment is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

10

Notwithstanding the grid coordinates specified at paragraph 5 and notwithstanding anything to the contrary shown on the work plans referred to in this Part, no part of Work No. 1(a) or Work No. 1(b) as described in paragraph 3, may be carried out if it falls within 8 kilometres of the boundary of the Outer Thames Estuary Special Protection Area.

PART 2 — Conditions

Design parameters

1

• (1) Subject to sub-paragraph (2), wind turbine generators forming part of the authorised scheme must not—

• (a) exceed a height of 282 metres when measured from LAT to the tip of the vertical blade;

• (b) exceed a height of 175 metres to the height of the centreline of the generator shaft forming part of the hub when measured from LAT;

• (c) exceed a rotor diameter of 250 metres;

• (d) be less than 800 metres from the nearest wind turbine generator in either direction perpendicular to the approximate prevailing wind direction (crosswind) or be less than 1,200 metres from the nearest wind turbine generator in either direction which is in line with the approximate prevailing wind direction (downwind);

• (e) have an air clearance height of less than 24 metres from MHWS.

• (2) References to the location of a wind turbine generator in sub-paragraph (1) above, are references to the centre point of that turbine.

2

• (1) The total number of meteorological masts forming part of the authorised scheme must not exceed one.

• (2) The meteorological mast must not exceed a height of 175 metres above LAT.

3

• (1) The total number of construction, operation and maintenance platforms forming part of the authorised scheme and the authorised scheme in licence 2 (transmission) taken together must not exceed one (whether constructed under this licence or licence 2 (transmission)).

• (2) The dimensions of the construction, operation and maintenance platform forming part of the authorised scheme (excluding towers, helipads, masts and cranes) must not exceed 50 metres in height when measured from LAT, 70 metres in length and 50 metres in width.

4

• (1) The total number of offshore electrical platforms forming part of the authorised scheme and the authorised scheme in licence 2 (transmission) taken together must not exceed four (whether constructed under this licence or licence 2 (transmission)).

• (2) The dimensions of any offshore electrical platform forming part of the authorised scheme (excluding towers, helipads, masts and cranes) must not exceed 50 metres in height when measured from LAT, 70 metres in length and 50 metres in width.

5

The total length of the cables forming part of the authorised scheme and the authorised scheme in licence 2 (transmission) and the volume and area of their cable protection must not exceed the following (whether installed under this licence or licence 2 (transmission))—

Work	Length	Area of cable protection	Volume of cable protection
Work No. 1(c) (inter-array cables)	200 kilometres	210,800 m²	237,008 m³
Work No. 4 (platform link cables)	75 kilometres	130,390 m²	146,650 m₃

6

• (1) In relation to a wind turbine generator, each gravity base foundation must not have a diameter at the level of the seabed which is more than 60 metres;

• (2) In relation to a wind turbine generator, each suction caisson foundation must not have a diameter at the level of the seabed which is more than 35 metres;

• (3) In relation to a wind turbine generator, each jacket foundation must not have—

• (a) a pile diameter which is more than 4.6 metres in the case of pin piles or a suction caisson diameter which is more than 16 metres;

• (b) more than four piles or more than four suction caissons;

• (c) more than four legs.

• (4) In relation to a wind turbine generator, each monopile foundation must not have a diameter which is more than 15 metres.

• (5) The total amount of scour protection for the wind turbine generators must not exceed 1,348,686 m².

• (6) The total volume of scour protection for the wind turbine generators must not exceed 2,023,029 m³.

7

• (1) In relation to a meteorological mast, each gravity base foundation must not have a footprint at the seabed which is more than 315 m².

• (2) In relation to a meteorological mast, each suction caisson foundation must not have a footprint at seabed which is more than 177 m².

• (3) In relation to a meteorological mast, each jacket foundation must not have a footprint at the seabed which is more than 651 m².

• (4) In relation to a meteorological mast, each monopile foundation must not have a footprint at the seabed which is more than 51 m².

• (5) The total amount of scour protection for the meteorological mast must not exceed 2,828 m².

• (6) The total volume of scour protection for the meteorological mast must not exceed 4,241 m³.

8

• (1) In relation to any construction, operation and maintenance platform, the gravity base foundations must not have a total footprint of more than 4,800 m².

• (2) In relation to any construction, operation and maintenance platform, the jacket foundations must not have a total footprint at the seabed which is more than 5,676 m².

• (3) In relation to any construction, operation and maintenance platform, the monopile foundation must not have a total footprint at the seabed which is more than 177 m².

• (4) The total amount of scour protection for the construction, operation and maintenance platform forming part of the authorised scheme and the authorised scheme in licence 2 (transmission) must not exceed 15,276 m² (whether installed under this licence or licence 2 (transmission)).

• (5) The total volume of scour protection for the construction, operation and maintenance platform forming part of the authorised scheme and the authorised scheme in licence 2 (transmission) must not exceed 22,914 m³ (whether installed under this licence or licence 2 (transmission)).

9

• (1) In relation to each offshore electrical platform, the gravity base foundations must not have a total footprint at the seabed which is more than 4,800 m².

• (2) In relation to each offshore electrical platform, the jacket foundations must not have a total footprint at the seabed which is more than 5,676 m².

• (3) In relation to each offshore electrical platform, the monopile foundation must not have a total footprint at the seabed which is more than 177 m².

• (4) The total amount of scour protection for the offshore electrical platforms forming part of the authorised scheme and the authorised scheme in licence 2 (transmission) must not exceed 62,064 m² (whether installed under this licence or licence 2 (transmission)).

• (5) The total volume of scour protection for the offshore electrical platforms forming part of the authorised scheme and the authorised scheme in licence 2 (transmission) must not exceed 91,656 m³ (whether installed under this licence or licence 2 (transmission)).

Notifications and inspections

10

• (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 19 and

• (ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 19;

• (b) within 28 days of receipt of a copy of this licence those persons referred to in paragraph (a) above must confirm receipt of this licence in writing to the MMO.

• (2) Only those persons and vessels notified to the MMO in accordance with condition 19 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 UXO clearance activities and at least five days prior to 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 14 days prior to UXO clearance activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data;

• (b) at least 14 days prior to the commencement of offshore activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

• (c) as soon as reasonably practicable and no later than 24 hours after 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 14 days prior to UXO clearance activities and at least 14 days prior to the commencement of the licensed activities or any part of them advising of the start date of Work No. 1, and to the extent that they are constructed under this licence, Work Nos. 2, 3, and 4, and the expected vessel routes from the construction ports to the relevant location. 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 regular 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 programme approved under condition 17(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 of UXO clearance activities (14 days prior) and of the commencement (14 days prior), progress and completion of construction (within 14 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 possible and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify MMO, MCA, Trinity House, Kingfisher Information Service 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 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, MCA, Trinity House and UKHO within five days.

Aids to navigation

11

• (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 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 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

• (c) notice within five days of completion of construction of the authorised scheme.

• (3) The undertaker must provide reports to Trinity House on the availability of aids to navigation in accordance with the frequencies set out in the aids to navigation management plan approved pursuant to condition 17(1)(i) 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 10(11) are invoked, the undertaker must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

12

• (1) The undertaker must colour all structures yellow (colour code RAL 1023) from at least highest astronomical tide 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 ensure that the remainder of the structures are painted submarine grey (colour code RAL 7035).

Aviation safety

13

The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14 days prior to the commencement of the authorised scheme, in writing of the following information—

• (a) the date of the commencement of construction of the authorised scheme;

• (b) the date any wind turbine generators are brought into use;

• (c) the maximum height of any construction equipment to be used;

• (d) the maximum heights of any wind turbine generator, meteorological mast and platform to be constructed;

• (e) the latitude and longitude of each wind turbine generator, meteorological mast and platform to be constructed,

and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the authorised scheme. Copies of notifications must be provided to the MMO within five working days of the notification to the Defence Infrastructure Organisation Safeguarding.

Chemicals, drilling and debris

14

• (1) Unless otherwise agreed in writing by the MMO, the carriage and use of chemicals in the construction of the authorised scheme must comply with the International Convention for the Prevention of Pollution from Ships.

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

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

• (4) The undertaker must inform the MMO of the location and quantities of material disposed of each month under the Order, by submission of a disposal return by 31 January each year for the months July to December inclusive, and by 31 July each year for the months January to June inclusive.

• (5) The undertaker must ensure that only inert material of natural origin, drilling mud and dredged material, produced during the drilling installation of or seabed preparation for foundations, and sandwave clearance works is disposed of within the disposal site reference(s) to be provided by MMO within the extent of the Order limits seaward of MHWS. Any material of anthropogenic origin will be screened out and disposed of at an appropriate waste facility onshore.

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

• (7) In the event that any rock material used in the construction of the authorised scheme is misplaced or lost below MHWS, the undertaker must report the loss to the District Marine Office within 48 hours and if the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must endeavour to locate the material and recover it.

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

• (9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team in accordance with the marine pollution contingency plan approved under condition 17(1)(e)(i).

• (10) All dropped objects must be reported to the MMO using the Dropped Object Procedure Form as soon as reasonably practicable and in any event within five days of the undertaker becoming aware of an incident. On receipt of the Dropped Object Procedure Form, the MMO may require relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do so and the MMO may require obstructions to be removed from the seabed at the undertaker’s expense if reasonable to do so.

Force majeure

15

• (1) If, due to stress of weather or any other cause the master of a vessel determines that it is necessary to deposit the authorised deposits within or outside of the Order limits because the safety of human life and/or of the vessel is threatened, within 48 hours full details of the circumstances of the deposit must be notified to the MMO.

• (2) The unauthorised deposits must be removed at the expense of the undertaker unless written approval is obtained from the MMO.

UXO clearance

16

• (1) No removal or detonation of UXO can take place until the following have been submitted to and approved in writing by the MMO in consultation with the relevant statutory nature conservation body and, in respect of the method statement, the MCA—

• (a) a method statement for UXO clearance which must include—

• (i) methodologies for—

• (aa) identification and investigation of potential UXO targets;

• (bb) clearance of UXO;

• (cc) removal and disposal of large debris;

• (ii) a plan showing the area in which clearance activities are proposed to take place;

• (iii) a programme of works; and

• (iv) any exclusion zones/environmental micrositing requirements;

• (b) a marine mammal mitigation protocol in accordance with the draft marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation bodies.

• (2) The method statement (excluding the information required under sub-paragraphs (1)(a)(ii) and (1)(a)(iv)) and the marine mammal mitigation protocol must be submitted to the MMO for approval at least six months prior to the date on which it is intended for UXO clearance activities to begin.

• (3) The information to be included within the method statement in accordance with sub-paragraphs (1)(a)(ii) and (1)(a)(iv) must be submitted to the MMO for approval at least three months prior to the date on which it is intended for UXO clearance activities to begin.

• (4) Any UXO clearance activities must be undertaken in accordance with the method statement and marine mammal mitigation protocol approved under sub-paragraph (1).

• (5) Subject to sub-paragraph (6), a UXO clearance close out report must be submitted to the MMO and the relevant statutory nature conservation body within three months following the end of the UXO clearance activity and must include the following for each detonation undertaken—

• (a) co-ordinates, depth, current speed, charge utilised and the date and time of each detonation; and

• (b) whether any mitigation was deployed, including feedback on practicalities of deployment of equipment and efficacy of the mitigation where reasonably practicable, or justification if this information is not available.

• (6) Should there be more than one UXO clearance activity, the report required under sub-paragraph (5) will be provided at intervals agreed with the MMO.

Pre-construction plans and documentation

17

• (1) The licensed activities or any part of those activities must not commence until the following (as relevant to that part) have been submitted to and approved in writing by the MMO—