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The Hornsea Four Offshore Wind Farm Order 2023

Type Statutory-Instrument

Publication 2023-07-12

Last updated 2025-04-14

State In force

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Source legislation.gov.uk

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(11) In this article “the maintenance period” means the period of 5 years beginning with the date on which the authorised project first exports electricity to the national electricity transmission network, unless a different maintenance period is stated in the landscape management plan approved under requirement 8 or in the code of construction practice approved under requirement 18.

(12) So much of the special category land as is required for the purposes of exercising the powers pursuant to this article is temporarily discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise of those powers, and only for such time as any special category land is being used under this article.

(13) At any time where the undertaker has taken temporary possession of any part of the Driffield Navigation under this article, on the starting date specified in the notice given under paragraph (15) and for the duration specified in notice given under paragraph (15), the public right of navigation over that part of the Driffield Navigation is suspended and unenforceable against the Driffield Navigation Trust.

(14) Any person who suffers loss as a result of the suspension of any private right of navigation over the Driffield Navigation under this article is entitled to be paid compensation for such loss by the undertaker, to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(15) Not later than 28 days prior to the proposed start of any suspension of the public right of navigation over the Driffield Navigation under this article, the undertaker must give written notice to the Driffield Navigation Trust except in the case of an emergency when the undertaker must give such notice as is reasonably practicable.

(16) A notice given under paragraph (15) must provide details of the proposed suspension including particulars of the—

(a) start date;

(b) duration; and

(17) Following receipt of a notice given under paragraph (15), the Driffield Navigation Trust must issue a notice to mariners within 14 days, giving the starting date and other particulars of the suspension to which the notice relates, and that suspension will take effect on the date specified and as otherwise described in the notice.

Statutory undertakers

30

Subject to the provisions of Schedule 9 (protective provisions) the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order land and described in the book of reference; and

(b) extinguish or suspend the rights of, or restrictions for the benefit of, or remove, relocate or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Recovery of costs of new connections

31

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 30 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 30 (statutory undertakers), any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this paragraph—

“public communications provider” has the same meaning as in section 151(1) of the 2003 Act; and

“public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 — OPERATIONS

Operation of generating station

32

(1) The undertaker is authorised to operate the generating station comprised in the authorised project.

(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station.

Deemed marine licences under the 2009 Act

33

The deemed marine licences set out in Schedules 11 (deemed marine licence under the 2009 Act — generation assets) and 12 (deemed marine licence under the 2009 Act — transmission assets) respectively, are deemed to be granted to the undertaker under Part 4 (marine licences) of the 2009 Act for the licensed marine activities set out in Part 1, and subject to the conditions set out in Part 2 of each of those Schedules.

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

34

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised project or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised project, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act

35

Development consent granted by this Order is treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as not being operational land).

Felling or lopping of trees and removal of hedgerows

36

(1) Subject to paragraph (3) and article 37 (trees subject to tree preservation orders) the undertaker may fell or lop or cut back the roots of any tree or shrub within or overhanging land within the Order limits or near any part of the authorised project, or cut back its roots, if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with onshore site preparation works, the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.

(2) The undertaker may, for the purpose of the authorised project—

(a) remove any hedgerows within the Order limits and specified in Schedule 10, Part 1 (removal of hedgerows) that may be required for the purposes of carrying out the authorised project; and

(b) remove the important hedgerows as are within the Order limits and specified in Schedule 10, Part 2 (removal of important hedgerows).

(3) In carrying out any activity authorised by paragraph (1), the undertaker must not do any unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerows Regulations 1997[^f00044].

Trees subject to tree preservation orders

37

(1) The undertaker may fell or lop or cut back the roots of any tree within or overhanging land within the Order limits subject to a tree preservation order as specified on the tree preservation order and hedgerow plan, if it reasonably believes it to be necessary to do so in order to prevent the tree from obstructing or interfering with onshore site preparation works, the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.

(2) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker must do no unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

(3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(4) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Certification of plans and documents, etc.

38

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of the documents listed in Schedule 15 (documents to be certified) for certification that they are true copies of the documents referred to in this Order.

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(3) Where a plan or document certified under paragraph (1)—

(a) refers to a provision of this Order (including any specified requirement) when it was in draft form; and

(b) identifies that provision by number, or combination of numbers and letters, which is different from the number, or combination of numbers and letters by which the corresponding provision of this Order is identified in this Order as made;

the reference in the plan or document concerned must be construed for the purposes of this Order as referring to the provision (if any) corresponding to that provision in this Order as made.

Arbitration

39

(1) Subject to article 42 (saving provisions for Trinity House), any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled in arbitration in accordance with the rules at Schedule 14 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

(2) For the avoidance of doubt, any matter for which the consent or approval of the Secretary of State or the Marine Management Organisation is required under any provision of this Order will not be subject to arbitration.

Requirements, appeals, etc.

40

(1) Where an application is made to, or a request is made of, the relevant planning authority or any other relevant person for any agreement or approval required or contemplated by any of the provisions of this Order, such agreement or approval must, if given, be given in writing and must not be unreasonably withheld or delayed.

(2) Part 4 of Schedule 1 (procedure for discharge of requirements) has effect in relation to all agreements or approvals granted, refused or withheld in relation to requirements included in Part 3 of that Schedule other than requirement 29.

Abatement of works abandoned or decayed

41

Where any of Work Nos. 1, 2, 3 or 5 or all of them or any part of them, is abandoned or allowed to fall into decay the Secretary of State may, following consultation with the undertaker, issue a written notice requiring the undertaker at its own expense either to repair, make safe and restore one or any of those Works, or any relevant part of them, or to remove them or any relevant part and, without prejudice to any notice served under section 105(2) of the 2004 Act[^f00045] restore the site to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.

Saving provisions for Trinity House

42

Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.

Crown rights

43

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any lessee or licensee to take, use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

(a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Protective provisions

44

Schedule 9 (protective provisions) has effect.

Funding

45

(1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either—

(a) a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or

(b) an alternative form of security and the amount of that security for that purpose approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land.

(2) The provisions are—

(a) article 18 (compulsory acquisition of land);

(b) article 21 (compulsory acquisition of rights etc.);

(d) article 25 (acquisition of subsoil only);

(e) article 27 (rights under or over streets);

(f) article 28 (temporary use of land for carrying out the authorised project);

(g) article 29 (temporary use of land for maintaining the authorised project); and

(h) article 30 (statutory undertakers).

(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

Amendment and modification of statutory provisions

46

The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 is amended for the purposes of this Order only as set out in Schedule 13 (modifications to and amendments of the Dogger Bank Cryke Beck Offshore Wind Farm Order 2015).

Service of notices

47

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978[^f00046] (references to service by post) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise—

(a) in the case of the secretary or clerk of that body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at that time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and

(b) either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Modification of Section 106 agreements relating to land

48

The undertaker will not be bound by any obligation which would fall on any owner or occupier of land which is bound by any of the section 106 agreements.

Compensation provisions

49

Schedule 16 (compensation to protect the coherence of the national site network) has effect.

SCHEDULE 1 — AUTHORISED PROJECT

PART 1 — AUTHORISED DEVELOPMENT

1

A nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act which is located in the North Sea 69 kilometres due east of Flamborough Head at its closest point, comprising—

Work No. 1—aan offshore wind turbine generating station with a gross electrical output of over 100 megawatts comprising up to 180 wind turbine generators, each fixed to the seabed by one of monopile foundations, mono suction bucket foundations or jacket foundations;bone offshore accommodation platform fixed to the seabed within the area shown on the offshore works plan by one of monopile foundations, mono suction bucket foundations, gravity base structures, box–type gravity base structures or jacket foundations, and which offshore accommodation platform may be connected to one of the offshore substations within Work No. 2 by a bridge link; andca network of cables between the wind turbine generators, and between the wind turbine generators and Work No. 2, including one or more cable crossings;and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising—

Work No. 2—aup to six small offshore transformer substations each fixed to the seabed by one of monopile foundations, mono suction bucket foundations, gravity base structures, box–type gravity base structures or jacket foundations, and which may be connected to each other or the offshore accommodation platform within Work No. 1(b) by a bridge link; orbup to three large offshore transformer substations each fixed to the seabed by one of monopile foundations, mono suction bucket foundations, jacket foundations, box–type gravity base structures, pontoon gravity base type 1 structures, or pontoon gravity base type 2 structures, and which may be connected to each other or the offshore accommodation platform within Work No. 1(b) by a bridge link;cin the event that the mode of transmission is HVDC, either up to three large HVDC converter substations or up to six small HVDC converter substations fixed to the seabed by one of monopile foundations, mono suction bucket foundations, jacket foundations, gravity base structures, box–type gravity base structures, pontoon gravity base type 1 structures, or pontoon gravity base type 2 structures;da network of interconnector cables;eup to six cable circuits between Work No. 2 and Work No. 3, and between Work No. 3 and Work No. 5 consisting of offshore export cables along routes within the Order limits seaward of MLWS including one or more cable crossings; andfup to eight temporary horizontal directional drilling exit pits and associated cofferdams;

Work No. 3— in the event that the mode of transmission is HVAC—aup to three offshore HVAC booster stations fixed to the seabed within the area shown on the offshore works plan by one of monopile foundations, mono suction bucket foundations, jacket foundations, gravity base structures, pontoon gravity base type 1 structures or pontoon gravity base type 2 structures; andbup to six cable circuits between Work No. 2 and Work No. 3, and between Work No. 3 and Work No. 5 consisting of offshore export cables along routes within the Order limits seaward of MHWS including one or more cable crossings;

2

The grid coordinates for that part of the authorised project which is seaward of MHWS are specified below—

Point ID	Latitude (DMS)	Longitude (DMS)	Point ID	Latitude (DMS)	Longitude (DMS)
1	54° 2′ 7.166″ N	0° 12′ 58.381″ W	68	53° 59′ 17.868″ N	1° 17′ 11.556″ E
2	54° 2′ 7.022″ N	0° 12′ 48.680″ W	69	53° 58′ 55.615″ N	1° 16′ 14.402″ E
3	54° 2′ 28.905″ N	0° 12′ 23.610″ W	70	53° 58′ 54.680″ N	1° 16′ 10.907″ E
4	54° 3′ 4.330″ N	0° 9′ 20.564″ W	71	53° 58′ 54.305″ N	1° 16′ 7.041″ E
5	54° 3′ 2.961″ N	0° 8′ 57.136″ W	72	53° 58′ 48.150″ N	1° 9′ 3.489″ E
6	54° 3′ 46.646″ N	0° 6′ 22.355″W	73	53° 58′ 49.099″ N	1° 8′ 56.253″E
7	54° 3′ 55.011″ N	0° 6′ 0.668″ W	74	53° 59′ 33.340″ N	1° 5′ 22.618″ E
8	54° 4′ 5.592″ N	0° 5′ 7.239″ W	75	53° 59′ 16.728″ N	1° 0′ 29.597″ E
9	54° 4′ 7.120″ N	0° 4′ 56.079″ W	76	53° 59′ 10.802″ N	0° 59′ 53.488″ E
10	54° 4′ 7.947″ N	0° 4′ 12.149″ W	77	53° 59′ 0.241″ N	0° 59′ 7.651″ E
11	54° 4′ 7.646″ N	0° 4′ 2.450″ W	78	53° 58′ 58.446″ N	0° 58′ 57.385″ E
12	54° 3′ 39.131″ N	0° 1′ 17.603″ E	79	53° 58′ 53.673″ N	0° 57′ 53.130″ E
13	54° 3′ 36.602″ N	0° 1′ 19.983″ E	80	53° 58′ 53.613″ N	0° 57′ 45.865″ E
14	54° 3′ 36.653″ N	0° 1′ 27.388″ E	81	53° 58′ 54.420″ N	0° 57′ 26.213″ E
15	54° 3′ 37.742″ N	0° 1′ 33.117″ E	82	53° 58′ 58.248″ N	0° 56′ 45.174″ E
16	54° 3′ 31.432″ N	0° 2′ 43.501″ E	83	53° 59′ 56.956″ N	0° 50′ 1.171″ E
17	54° 3′ 21.791″ N	0° 4′ 54.431″ E	84	54° 0′ 12.504″ N	0° 48′ 1.381″ E
18	54° 3′ 20.107″ N	0° 5′ 29.470″ E	85	54° 0′ 12.515″ N	0° 47′ 27.367″ E
19	54° 3′ 20.504″ N	0° 5′ 36.188″ E	86	54° 0′ 13.296″ N	0° 46′ 40.673″ E
20	54° 3′ 29.852″ N	0° 6′ 6.995″ E	87	54° 0′ 12.634″ N	0° 46′ 30.459″ E
21	54° 4′ 17.513″ N	0° 8′ 11.780″ E	88	54° 0′ 11.415″ N	0° 46′ 24.233″ E
22	54° 4′ 19.804″ N	0° 8′ 20.650″ E	89	53° 59′ 39.945″ N	0° 44′ 55.026″ E
23	54° 4′ 29.084″ N	0° 9′ 5.618″ E	90	53° 59′ 33.773″ N	0° 44′ 35.130″ E
24	54° 4′ 30.902″ N	0° 9′ 18.035″ E	91	53° 59′ 28.402″ N	0° 44′ 15.020″ E
25	54° 4′ 31.360″ N	0° 9′ 29.006″ E	92	53° 59′ 26.858″ N	0° 44′ 5.508″ E
26	54° 4′ 30.770″ N	0° 11′ 14.823″ E	93	53° 59′ 23.738″ N	0° 43′ 35.842″ E
27	54° 4′ 41.436″ N	0° 13′ 46.313″ E	94	53° 59′ 23.191″ N	0° 42′ 42.267″ E
28	54° 4′ 51.664″ N	0° 18′ 10.115″ E	95	53° 59′ 23.584″ N	0° 42′ 32.090″ E
29	54° 4′ 49.674″ N	0° 22′ 20.794″ E	96	53° 59′ 29.653″ N	0° 41′ 39.599″ E
30	54° 4′ 34.602″ N	0° 25′ 8.241″ E	97	53° 59′ 31.433″ N	0° 41′ 30.497″ E
31	54° 3′ 47.343″ N	0° 28′ 41.594″ E	98	53° 59′ 34.340″ N	0° 41′ 20.783″ E
32	54° 3′ 29.522″ N	0° 29′ 45.309″ E	99	54° 1′ 11.539″ N	0° 37′ 38.060″ E
33	54° 3′ 12.983″ N	0° 30′ 41.496″ E	100	54° 1′ 53.954″ N	0° 30′ 4.210″ E
34	54° 3′ 11.866″ N	0° 30′ 46.755″ E	101	54° 1′ 55.082″ N	0° 29′ 58.960″ E
35	54° 2′ 29.831″ N	0° 38′ 16.384″ E	102	54° 2′ 16.836″ N	0° 28′ 45.068″ E
36	54° 2′ 28.252″ N	0° 38′ 27.328″ E	103	54° 2′ 34.272″ N	0° 27′ 42.729″ E
37	54° 2′ 25.710″ N	0° 38′ 37.464″ E	104	54° 3′ 14.191″ N	0° 24′ 52.548″ E
38	54° 2′ 22.467″ N	0° 38′ 46.275″ E	105	54° 3′ 28.906″ N	0° 22′ 9.330″ E
39	54° 0′ 46.742″ N	0° 42′ 25.062″ E	106	54° 3′ 30.827″ N	0° 18′ 25.085″ E
40	54° 0′ 44.114″ N	0° 42′ 47.823″ E	107	54° 3′ 25.965″ N	0° 15′ 11.395″ E
41	54° 0′ 44.168″ N	0° 42′ 53.983″ E	108	54° 3′ 10.152″ N	0° 11′ 26.334″ E
42	54° 0′ 37.964″ N	0° 43′ 8.166″ E	109	54° 3′ 9.658″ N	0° 11′ 1.640″ E
43	54° 0′ 33.962″ N	0° 43′ 31.109″ E	110	54° 3′ 10.393″ N	0° 9′ 39.559″ E
44	54° 0′ 51.704″ N	0° 44′ 6.496″ E	111	54° 3′ 7.676″ N	0° 9′ 26.386″ E
45	54° 0′ 57.175″ N	0° 44′ 19.901″ E	112	54° 3′ 13.846″ N	0° 8′ 47.985″ E
46	54° 1′ 20.169″ N	0° 45′ 45.285″ E	113	54° 1′ 59.146″ N	0° 5′ 34.054″ E
47	54° 1′ 22.890″ N	0° 46′ 0.288″ E	114	54° 1′ 59.193″ N	0° 5′ 24.927″ E
48	54° 1′ 33.372″ N	0° 47′ 34.265″ E	115	54° 2′ 1.399″ N	0° 4′ 39.525″ E
49	54° 1′ 33.357″ N	0° 48′ 6.711″ E	116	54° 2′ 14.627″ N	0° 1′ 34.678″ E
50	54° 1′ 32.702″ N	0° 48′ 19.691″ E	117	54° 2′ 13.616″ N	0° 1′ 29.370″ E
51	54° 1′ 26.938″ N	0° 49′ 8.341″ E	118	54° 2′ 9.931″ N	0° 1′ 16.745″ W
52	54° 1′ 15.588″ N	0° 50′ 33.236″ E	119	54° 1′ 43.569″ N	0° 0′ 7.896″ W
53	54° 0′ 17.357″ N	0° 57′ 13.969″ E	120	54° 1′ 31.663″ N	0° 0′ 25.766″ W
54	54° 0′ 15.266″ N	0° 57′ 36.824″ E	121	54° 1′ 7.679″ N	0° 1′ 51.463″ W
55	54° 0′ 14.766″ N	0° 57′ 48.644″ E	122	54° 1′ 0.011″ N	0° 2′ 21.082″ W
56	54° 0′ 17.493″ N	0° 58′ 26.081″ E	123	54° 1′ 0.055″ N	0° 4′ 18.699″ W
57	54° 0′ 27.621″ N	0° 59′ 10.323″ E	124	54° 1′ 25.632″ N	0° 12′ 25.517″ W
58	54° 0′ 36.596″ N	1° 0′ 6.568″ E	125	54° 1′ 41.883″ N	0° 12′ 50.086″ W
59	54° 0′ 53.351″ N	1° 4′ 59.324″ E	126	54° 1′ 39.112″ N	0° 12′ 50.078″ W
60	54° 2′ 51.236″ N	1° 8′ 18.052″ E	127	54° 1′ 39.246″ N	0° 12′ 59.069″ W
61	54° 7′ 24.985″ N	0° 59′ 54.702″ E	128	54° 1′ 39.257″ N	0° 12′ 59.850″ W
62	54° 9′ 13.497″ N	1° 0′ 43.850″ E	129	54° 1′ 39.742″ N	0° 12′ 59.821″ W
63	54° 10′ 49.480″ N	0° 58′ 21.782″ E	130	54° 1′ 39.731″ N	0° 12′ 59.103″ W
64	54° 12′ 37.143″ N	0° 58′ 31.095″ E	131	54° 1′ 43.547″ N	0° 12′ 59.118″ W
65	54° 12′ 17.413″ N	1° 12′ 18.263″ E	132	54° 1′ 43.811″ N	0° 12′ 59.860″ W
66	54° 4′ 13.012″ N	1° 30′ 5.270″ E	133	54° 2′ 7.201″ N	0° 13′ 0.387″ W
67	53° 59′ 15.598″ N	1° 17′ 20.651″ E

PART 2 — ANCILLARY WORKS

1

Works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

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

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

PART 3 — REQUIREMENTS

Time limits

1

The authorised project must not be commenced after the expiration of seven years beginning with the date this Order comes into force.

Detailed offshore design parameters

2

(1) The total number of wind turbine generators comprised in the authorised project must not exceed 180.

(2) Subject to sub-paragraph (3), each wind turbine generator forming part of the authorised project must not—

(a) exceed a height of 370 metres when measured from LAT to the tip of the vertical blade;

(b) exceed a rotor diameter of 305 metres;

(d) be less than 810 metres from the nearest wind turbine generator in all directions.

(3) The minimum distance in sub-paragraph (2)(d) between each wind turbine generator is to be measured from the centre point of the wind turbine generator.

(4) Wind turbine generator foundation structures forming part of the authorised project must be one of either monopile foundations, mono suction bucket foundations or jacket foundations.

(5) No wind turbine generator—

(a) jacket foundations employing pin piles forming part of the authorised project may—

(i) have a pin pile diameter of greater than four metres; and

(ii) employ more than 16 pin piles per jacket foundation; and

(b) monopile foundation forming part of the authorised project may have a diameter greater than 15 metres.

(6) The total combined seabed footprint area for wind turbine generator foundations must not exceed—

(a) 302,180 square metres excluding scour protection; and

(b) 985,240 square metres including scour protection.

(7) The wind turbine generators comprised in the authorised project must be constructed in accordance with the parameters set out in the pro–rata annex.

3

(1) The total number of offshore electrical installations and offshore accommodation platforms must not exceed ten, consisting of a combination of no more than—

(a) six small offshore transformer substations;

(b) three large offshore transformer substations;

(d) six small offshore HVDC converter stations;

(e) three large offshore HVDC converter stations; and

(f) one offshore accommodation platform.

(2) The dimensions of any small offshore transformer substation (including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts, radar and antennae) forming part of the authorised project must not exceed—

(a) 100 metres in height when measured from LAT;

(b) 90 metres in length; and

(3) The dimensions of any large offshore transformer substation (including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts, radar and antennae) forming part of the authorised project must not exceed—

(a) 100 metres in height when measured from LAT;

(b) 180 metres in length; and

(4) The dimensions of any offshore HVAC booster station (including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts, radar and antennae) forming part of the authorised project must not exceed—

(a) 100 metres in height when measured from LAT;

(b) 90 metres in length; and

(5) The dimensions of any small offshore HVDC converter substation (including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts, radar and antennae) forming part of the authorised project must not exceed—

(a) 90 metres in height when measured from LAT;

(b) 100 metres in length; and

(6) The dimensions of any large offshore HVDC converter substation (including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts, radar and antennae) forming part of the authorised project must not exceed—

(a) 100 metres in height when measured from LAT;

(b) 180 metres in length; and

(7) The dimensions of any offshore accommodation platform forming part of the authorised project must not exceed—

(a) 64 metres in height when measured from LAT;

(b) 60 metres in length; and

(8) Offshore accommodation platform foundation structures forming part of the authorised project must be one of either monopile foundations, mono suction bucket foundations, gravity base structures, jacket foundations or box–type gravity base structures.

(9) Offshore electrical installation foundation structures forming part of the authorised project must be one of the following foundation options—

(a) for small offshore transformer substations and offshore HVAC booster stations either monopile foundations, mono suction bucket foundations, jacket foundations, gravity base structures or box–type gravity base structures; and

(b) for large offshore transformer substations and offshore HVDC converter stations either monopile foundations, mono suction bucket foundations, jacket foundations, box–type gravity base structures, gravity base structures, pontoon gravity base type 1 structures, or pontoon gravity base type 2 structures.

(10) No offshore electrical installation or offshore accommodation platform—

(a) jacket foundation employing pin piles forming part of the authorised project may—

(i) have a pin pile diameter of greater than four metres; and

(ii) employ more than 16 pin piles per jacket foundation; and

(b) monopile foundation forming part of the authorised project may have a diameter greater than 15 metres.

(11) The total seabed footprint area for offshore accommodation platform foundations must not exceed—

(a) 5,625 square metres excluding scour protection; and

(b) 30,625 square metres including scour protection.

(12) The total seabed footprint area for offshore electrical installation foundations must not exceed—

(a) 101,250 square metres excluding scour protection; and

(b) 371,250 square metres including scour protection.

(13) The total number of gravity base structures may not exceed ten for offshore electrical installations and offshore accommodation platforms.

(14) The offshore electrical installations and offshore accommodation platform comprised in the authorised project must be constructed in accordance with parameters set out in the pro–rata annex.

(15) A bridge link forming part of the authorised development must be installed at a minimum height of 20 metres when measured from LAT.

4

The total volume of scour protection for wind turbine generators, offshore accommodation platform and offshore electrical installations may not exceed 2,172,040 cubic metres and must be in accordance with the pro–rata annex.

5

(1) The number of cable circuits must not exceed six.

(2) The cables comprising Work No. 1(c) must not—

(a) exceed 600 kilometres in length; and

(b) be subject to cable protection with an area greater than 624,000 square metres.

(3) The cables comprising Work No. 2(d) must not—

(a) exceed 90 kilometres in length; and

(b) be subject to cable protection with an area greater than 94,000 square metres.

(4) The cables comprising Work No. 2(e) must not—

(a) exceed 654 kilometres in length; and

(b) be subject to cable protection with an area greater than 792,000 square metres.

(5) The total number of the cable crossings must not exceed—

(a) 32 within the area of Work Nos. 1 and 2(d); and

(b) 54 within the area utilised for Work No. 2(e);

unless otherwise agreed with the MMO.

(6) The total volume of cable protection must not exceed 2,042,000 cubic metres with a maximum footprint of 2,058,000 square metres.

(7) The cables and cable circuits comprised in the authorised development must be constructed in accordance with the parameters set out in the pro–rata annex.

Biodiversity net gain

6

(1) No stage of the connection works in Work No. 7 may commence until a net gain strategy (which must accord with the outline net gain strategy) in relation to that stage has been submitted to and approved by the relevant planning authority, in consultation with the relevant SNCBs.

(2) The net gain strategy must be implemented as approved.

Detailed design approval onshore

7

(1) Construction of Work No. 7(a) and (b) may not commence until detailed plans and drawings of—

(a) the layout;

(b) scale;

(d) external appearance and materials;

(e) hard surfacing materials;

(f) vehicular and pedestrian access, parking and circulation areas;

(g) minor structures, such as furniture, refuse or other storage units, signs and lighting;

(h) proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports; and

(i) means to control operational noise from Work No. 7 to a level no greater than 5dB above representative background (LA90,T) at the nearest identified noise sensitive receptors;

relating to that work of the authorised project have been submitted to and approved by the relevant planning authority.

(2) The details submitted under sub-paragraph (1) must be in accordance with the outline design plan.

(3) The details submitted under sub-paragraph (1) must be subject to a design review process carried out by an independent design review panel to the satisfaction of the relevant planning authority.

(4) Work No. 7(a) and (b) must be carried out in accordance with the approved details.

(5) Work No. 7(a) and (b) may not commence until confirmation of the choice of HVDC or HVAC or a combination of both has been provided to the relevant planning authority, either before, or at the same time as, the details referred to in sub–paragraph (1).

Provision of landscaping

8

(1) No stage of the connection works may commence until a written landscape management plan and associated work programme (which accords with the outline landscape management plan and outline ecological management plan) for that stage of the connection works has been submitted to and approved by the relevant planning authority in consultation with the relevant SNCBs and Historic England.

(2) The landscape management plan must include details of—

(a) surveys, assessments and method statements as guided by BS 5837 and the Hedgerows Regulations 1997;

(b) location, number, species, size and planting density of any proposed planting;

(d) implementation timetables for the relevant stage of the landscaping works.

(3) The landscape management plan must be carried out as approved.

Implementation and maintenance of landscaping

9

(1) All landscape works must be carried out in accordance with the landscape management plans approved under requirement 8 (provision of landscaping), and in accordance with the relevant recommendations of appropriate British Standards.

(2) Unless otherwise stated in the approved landscape management plan or enhancement strategy approved under requirement 23, any tree or shrub planted as part of an approved landscape management plan that, within a period of five years after planting, is removed by the undertaker, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted unless otherwise approved by the relevant planning authority.

(3) Unless otherwise stated in the approved landscape management plan or enhancement strategy, within a period of five years after completion of the planting of the approved landscape works comprising Work No. 7(f), a landscape management and maintenance plan for Work No. 7(f) must be submitted to and approved by the relevant planning authority.

(4) The landscape management and maintenance plan for Work No. 7(f) must include details of the management and maintenance of Work No. 7(f) until the connection works are decommissioned in accordance with the onshore decommissioning plan approved under requirement 25 (onshore decommissioning).

(5) The landscape management and maintenance plan for Work No. 7(f) must be carried out as approved.

Ecological management plan

10

(1) No stage of the connection works may commence until a written ecological management plan (which accords with the outline ecological management plan and the relevant recommendations of appropriate British Standards) for that stage of the connection works reflecting the survey results and ecological mitigation has been submitted to and approved by the relevant planning authority in consultation with the relevant SNCBs and (where works have potential to impact wetland habitats) the Environment Agency.

(2) The ecological management plan must include an implementation timetable for the relevant stage of the connection works and must be carried out as approved.

Highway accesses

11

(1) Construction of any new permanent or temporary means of access to a highway, or alteration, or use of an existing means of access to a highway, must not commence until an access plan for that access has been submitted to and approved by the relevant highway authority.

(2) The access plan must include details of the siting, design, layout, visibility splays, access management measures, lighting, signing, safety measures and a maintenance programme relevant to the access it relates to.

(3) The highway accesses (including visibility splays) must be constructed and maintained in accordance with the approved details.

Fencing and other means of permanent enclosure

12

(1) No stage of the connection works may commence until details of all proposed permanent fences, walls or other means of enclosure of that stage of the connection works have been submitted to and approved by the relevant planning authority.

(2) The details submitted under paragraph (1) must be in accordance with the outline design plan.

(3) Any approved permanent fencing in relation to the connection works in Work No. 7 must be completed before those works are brought into use and must be maintained until the connection works are decommissioned in accordance with the onshore decommissioning plan approved under requirement 25 (onshore decommissioning).

Temporary fencing and other temporary means of enclosure

13

(1) The details of any temporary fences, walls, or other means of enclosure required for the construction of the connection works must be included in the code of construction practice approved under requirement 18 (which must accord with the outline code of construction practice).

(2) All construction sites must remain securely enclosed at all times during construction of the connection works in accordance with the details approved under sub-paragraph (1) above.

(3) The temporary fencing or other temporary means of enclosure must be removed on completion of that stage of the connection works to the satisfaction of the relevant planning authority.

Surface and foul water drainage

14

(1) No stage of the connection works may commence until written details of the surface and (if any) foul water drainage system (including means of pollution control) (which must accord with the outline onshore infrastructure drainage strategy) for the construction of that stage of the connection works have, after consultation with the relevant sewerage and drainage authorities and the Environment Agency, been submitted to and approved by the lead local flood authority.

(2) No stage of the connection works may commence operation until written details of the surface and (if any) foul water drainage system (including means of pollution control) for that stage of the connection works have, after consultation with the relevant sewerage and drainage authorities and the Environment Agency, been submitted to and approved by the lead local flood authority.

(3) The surface and foul water drainage system must be constructed, operated and maintained in accordance with the approved details.

Contaminated land and groundwater scheme

15

(1) No stage of the connection works or Work No. 5 may commence until a written scheme to deal with the contamination of any land (including groundwater) of that stage of the connection works or Work No. 5 within the Order limits that is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to, and approved by, the relevant planning authority in consultation with the Environment Agency and, to the extent that the plan relates to the intertidal area, the MMO.

(2) The scheme must include an investigation and assessment report, to identify the extent of any contamination and the remedial measures to be taken for that stage to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site.

(3) Such remediation as may be identified in the approved scheme must be carried out in accordance with the approved scheme.

Surface water

16

(1) No stage of the connection works in Work No. 7 may commence until, in respect of that installation, a detailed surface water scheme has been prepared in consultation with the relevant sewerage and drainage authorities and the Environment Agency and submitted to and approved by the lead local flood authority.

(2) The detailed surface water schemes must accord with the outline onshore infrastructure drainage strategy and—

(a) be based on sustainable drainage principles;

(b) include an assessment of the hydrological and hydrogeological context of the connection works in Work No. 7; and

(3) Construction of the connection works in Work No. 7 must be carried out in accordance with the approved scheme.

Onshore archaeology

17

(1) No stage of the connection works or Work No. 5 may commence until a written scheme of archaeological investigation (which must accord with the outline written scheme of investigation for onshore archaeology) for that stage of the connection works or Work No. 5 has been submitted to and approved by the relevant planning authority in consultation with Historic England.

(2) Archaeological investigations carried out as part of onshore site preparation works must only take place in accordance with a specific written scheme of investigation (which must accord with the outline written scheme of investigation for onshore archaeology) which has been submitted to and approved by the relevant planning authority in consultation with Historic England.

(3) All archaeological investigations (other than archaeological investigations carried out as part of onshore site preparation works referred to in sub-paragraph (2)) must be carried out in accordance with the written scheme of archaeological investigation approved under sub-paragraph (1).

(4) The archaeological site investigations and post investigation assessment must be completed in accordance with the programme set out in the written scheme of archaeological investigation and provision made for analysis, publication and dissemination of results and archive deposition.

Code of construction practice

18

(1) No stage of the connection works, Work No. 2 (f) or Work No. 5 may commence until a code of construction practice (which must accord with the outline code of construction practice but may not include the outline construction traffic management plan in the event that the outline construction traffic management plan has been, or is in the process of being, approved separately pursuant to requirement 19) for that stage of the connection works has been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency, the relevant SNCBs and, if applicable, the MMO.

(2) All connection works must be undertaken in accordance with the relevant approved code of construction practice.

Construction traffic management plan

19

(1) No stage of the connection works or Work No. 5 may commence until written details of a construction traffic management plan (which accords with the outline construction traffic management plan) for that stage of the connection works or Work No. 5 has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authorities (and approved by Network Rail in accordance with paragraph 5 of Part 4 of Schedule 9).

(2) The construction traffic management plan must be implemented as approved.

European protected species onshore

20

(1) No stage of the connection works may commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by that stage of the connection works or in any of the trees to be lopped or felled as part of that stage of the connection works.

(2) Where a European protected species is shown to be present, the relevant stage(s) of the connection works must not begin until, after consultation with the relevant SNCBs and the relevant planning authority, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority or a European protected species licence granted by Natural England.

(3) The connection works must be carried out in accordance with the approved scheme.

(4) In this Requirement, “European Protected Species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017[^f00047].

Restoration of land used temporarily for construction

21

Any land landward of MLWS within the Order limits which is used temporarily for construction of the connection works and not ultimately incorporated in permanent works or approved landscaping, must be reinstated in accordance with such details as have been submitted to and approved by the relevant planning authority in consultation with, where appropriate, the MMO, and the relevant highway authority, as soon as reasonably practicable and in any event within twelve months of completion of the connection works.

Control of noise during operational phase

22

(1) Work Nos. 7(a), (b) and (c) must not commence operations until a noise management plan (NMP) for those works has been submitted to and approved by the relevant planning authority.

(2) The NMP must set out the particulars of—

(a) any necessary noise attenuation and mitigation measures to be taken to minimise noise resulting from Work No. 7, including any noise limits; and

(b) a scheme for monitoring attenuation and mitigation measures provided under sub-paragraph (a) which must include—

(i) the circumstances under which noise will be monitored;

(ii) the locations at which noise will be monitored;

(iii) the method of noise measurement (which must be in accord with BS 4142:2014+A1:2019, an equivalent successor standard or other agreed noise measurement methodology appropriate to the circumstances); and

(iv) a complaints procedure.

(3) The NMP must be implemented as approved.

Enhancement strategy

23

(1) No stage of the connection works may commence until written details of an enhancement strategy (which accords with the outline enhancement strategy) for that stage of the connection works has been submitted to and approved by the relevant planning authority.

(2) The enhancement strategy must be implemented as approved.

Ministry of Defence radar mitigation

24

(1) No wind turbine generator forming part of the authorised development is permitted to rotate its rotor blades on its horizontal axis until the Secretary of State, having consulted with the Ministry of Defence, confirms satisfaction that appropriate mitigation will be implemented and maintained for the life of the authorised development and that arrangements have been put in place with the Ministry of Defence to ensure that the approved mitigation is implemented.

(2) For the purposes of this requirement—

“appropriate mitigation” means measures to prevent or remove any unacceptable effects which the authorised development will have on air defence radar capability of Remote Radar Head (RRH) Staxton Wold and the Ministry of Defence’s air surveillance and control operations that it supports;

“approved mitigation” means the detailed Radar Mitigation Scheme (RMS) that will set out the appropriate measures and timescales for implementation as agreed with the Ministry of Defence at the time the Secretary of State confirms satisfaction in accordance with sub-paragraph (1); and

“Ministry of Defence” means the Ministry of Defence as represented by Defence Infrastructure Organisation – Safeguarding, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire, WS14 9PY or any successor body.

(3) The undertaker must thereafter comply with all other obligations contained within the approved mitigation for the life of the authorised development.

Onshore decommissioning

25

(1) Within three months of the permanent cessation of operation of the connection works an onshore decommissioning plan must be submitted to the relevant planning authority for approval unless otherwise agreed by the relevant planning authority.

(2) The relevant planning authority must provide its decision on the onshore decommissioning plan required under requirement 25(1) within three months of submission of such plan unless otherwise agreed by the relevant planning authority and the undertaker.

(3) The onshore decommissioning plan must be implemented as approved.

Employment and skills plan

26

(1) No stage of the connection works may commence until for that stage an employment and skills plan (which accords with the outline employment and skills plan) in relation to the authorised development has been submitted to and approved by the relevant planning authority.

(2) The employment and skills plan must be implemented as approved.

Energy balancing infrastructure safety management

27

(1) Work No. 7(b) must not commence until an energy balancing infrastructure HazID report (which accords with the outline energy balancing infrastructure HazID report) has been submitted to and approved by the relevant planning authority.

(2) The energy balancing infrastructure HazID report must be implemented as approved.

Stages of authorised development

28

(1) The authorised development may not be commenced until a written scheme setting out the stages of construction of the authorised project has been submitted to and approved by the relevant planning authority, in relation to the connection works, or the MMO, in relation to works seaward of MHWS.

(2) The stages of construction referred to in sub–paragraph (1) must not permit the authorised development to be constructed in more than one overall phase.

(3) The scheme must be implemented as approved.

Claxby Radar Mitigation

29

(1) No wind turbine generator blades forming part of the authorised development may be installed until the Secretary of State, having consulted with NATS, has confirmed satisfaction that appropriate mitigation will be implemented and maintained for the required period and that arrangements have been put in place with NATS to ensure that the approved mitigation is implemented and in operation prior to installation of the wind turbine blades.

(2) The undertaker must thereafter comply with the obligations contained within the approved mitigation for the required period.

(3) For the purposes of this requirement—

“appropriate mitigation” means measures to mitigate any adverse effects which the operation of the authorised development will have on the primary surveillance radar at Claxby and NATS’ associated air traffic (surveillance and control) services/operations during the required period;

“approved mitigation” means the detailed Primary Radar Mitigation Scheme setting out the appropriate mitigation approved by the Secretary of State and confirmed in accordance with sub-paragraph (1);

“NATS” means NATS (En-Route) Plc (company number 04219273) or any successor body;

“the required period” means the shorter of—the operational life of the authorised development; andthe period ending on the date notified to the Secretary of State by the undertaker and confirmed by NATS being the date on which NATS no longer requires the appropriate mitigation to be in place.

Requirement for written approval

30

Where the approval, agreement or confirmation of the Secretary of State, the relevant planning authority or another person is required under a requirement, that approval, agreement or confirmation must be given in writing.

Amendments to approved details

31

(1) With respect to any requirement which requires the authorised project to be carried out in accordance with the details approved by the relevant planning authority or another organisation or body, the approved details must be carried out as approved unless an amendment or variation is previously agreed by the relevant planning authority or that other organisation or body in accordance with sub-paragraph (2).

(2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant planning authority or that other organisation or body that the subject matter of the agreement sought is unlikely to give rise to any materially greater environmental effects from those assessed in the environmental statement.

(3) The approved details must be taken to include any amendments that may subsequently be approved by the relevant planning authority or that other person.

PART 4 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

1

In this Part of this Schedule, “discharging authority” means—

(a) any body responsible for giving any consent, agreement or approval required by a requirement included in Part 3 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or

(b) the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 subsequently referred to as “the 1974 Act”[^f00048].

Applications made under requirements

2

(1) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 3 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to the undertaker of its decision on the application within a period of eight weeks beginning with—

(a) the day immediately following that on which a valid application is received by the discharging authority (such validity to be confirmed by the discharging authority within five days of receipt of the application); or

(b) where further information is requested under paragraph 3 the day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the discharging authority.

(2) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 3 of this Schedule, the discharging authority may—

(a) give or refuse its consent, agreement or approval; or

(b) give its consent, agreement or approval either subject to reasonable conditions, or unconditionally,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

Further information regarding requirements

3

(1) In relation to any application referred to in paragraph 2, the discharging authority may request such further information from the undertaker as it considers necessary to enable it to consider the application.

(2) If the discharging authority considers that further information is necessary and the requirement concerned contained in Part 3 of this Schedule does not specify that consultation with a consultee is required, the discharging authority must, within ten working days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the requirement concerned contained in Part 3 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within five working days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within five working days of receipt of such a request.

(4) If the discharging authority does not give the notification within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of the undertaker.

Appeals

4

(1) Where a person (“the applicant”) makes an application to a discharging authority, the applicant may appeal to the Secretary of State in the event that—

(a) the discharging authority refuses an application for any consent, agreement or approval required by—

(i) a requirement contained in Part 3 of this Schedule; or

(ii) a document referred to in any requirement contained in Part 3 of this Schedule;

(b) the discharging authority does not determine such an application within the time period set out in paragraph 2(1), or grants it subject to conditions;

(c) the discharging authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act;

(d) on receipt of a request for further information pursuant to paragraph 3 of this Part of this Schedule, the applicant considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

(e) on receipt of any further information requested, the discharging authority notifies the applicant that the information provided is inadequate and requests additional information which the applicant considers is not necessary for consideration of the application.

(2) The appeal process is as follows—

(a) any appeal by the applicant must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 2(1), giving rise to the appeal referred to in sub-paragraph (1);

(b) the applicant must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee specified under the relevant requirement contained in Part 3 of this Schedule;

(c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent;

(d) the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within 20 working days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person;

(e) the applicant must make any counter-submissions to the appointed person within 20 working days of receipt of written representations pursuant to sub-paragraph (d) above; and

(f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the 20 day period for counter-submissions under sub-paragraph (e).

(3) The appointment of the appointed person pursuant to sub-paragraph 4(2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

(5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within ten working days of the date specified by the appointed person, but must otherwise be in accordance with the process and time limits set out in sub-paragraphs 4(2)(c) to (e).

(6) On an appeal under this paragraph, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

(7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.

(8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

(9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review.

(10) If an approval is given by the appointed person pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 3 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing, but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

(11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the applicant.

(12) On application by the discharging authority or the applicant, the appointed person may give directions as to the costs of the appeal and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it.

SCHEDULE 2 — STREETS SUBJECT TO STREET WORKS

(1) Street subject to street works	(2) Extent of works
Unnamed Road	Between the reference points 1a and 1b and shaded Green on sheet 1 of the streets plan
Sands Road	Between the reference points 1c and 1d and shaded Brown on sheet 1 of the streets plan
Private Access	Between the reference points 2a, 2b and 2c and shaded Brown on sheets 1 and 2 of the streets plan
Bridlington Road	Between the reference points 3a and 3b and shaded Green on sheets 2 and 3 of the streets plan
Gransmoor Road	Between the reference points 4a and 4b and shaded Green on sheets 3 and 4 of the streets plan
Private Access	Between the reference points 5a and 5b and shaded Brown on sheet 4 of the streets plan
Private Access	Between the reference points 6a and 6b and shaded Brown on sheet 4 of the streets plan
Private Access	Between the reference points 7a and 7b and shaded Brown on sheet 4 of the streets plan
Private Access	Between the reference points 8a and 8b and shaded Brown on sheets 4 and 5 of the streets plan
Lissett Lane	Between the reference points 8c and 8d and shaded Green on sheets 4 and 5 of the streets plan
Private Access	Between the reference points 9a and 9b and shaded Brown on sheet 5 of the streets plan
Private Access	Between the reference points 10a and 10b and shaded Brown on sheet 6 of the streets plan
Gembling Lane	Between the reference points 11a and 11b and shaded Green on sheet 6 of the streets plan
Old Howe Lane	Between the reference points 12a and 12b and shaded Green on sheets 6 and 7 of the streets plan
Main Street	Between the reference points 13a and 13b and shaded Green on sheet 7 of the streets plan
Private Access	Between the reference points 14a and 14b and shaded Brown on sheet 7 of the streets plan
Private Access	Between the reference points 15a and 15b and shaded Brown on sheet 8 of the streets plan
Private Access	Between the reference points 16a and 16b and shaded Brown on sheet 8 of the streets plan
Cowslams Lane	Between the reference points 16c and 16d and shaded Green on sheet 8 of the streets plan
B1249	Between the reference points 17a and 17b and shaded Green on sheets 8 and 9 of the streets plan
B1249	Between the reference points 17c and 17d and shaded Green on sheets 8 and 9 of the streets plan
Private Access	Between the reference points 18a and 18b and shaded Brown on sheets 8 and 9 of the streets plan
B1249	Between the reference points 18c and 18d and shaded Green on sheets 8 and 9 of the streets plan
Private Access	Between the reference points 19a and 19b and shaded Brown on sheet 10 of the streets plan
Rotsea Lane	Between the reference points 20a and 20b and shaded Green on sheet 11 of the streets plan
Rotsea Lane	Between the reference points 20c and 20d and shaded Green on sheet 11 of the streets plan
Private Access	At reference point 20e and shaded Brown on sheet 11 of the streets plan
Private Access	Between the reference points 21a and 21b and shaded Brown on sheet 12 of the streets plan
Private Access	Between the reference points 22a and 22b and shaded Brown on sheet 12 of the streets plan
Carr Lane	Between the reference points 23a and 23b and shaded Green on sheet 13 of the streets plan
Carr Lane	Between the reference points 24a and 24b and shaded Green on sheet 14 of the streets plan
Wilfholme Road	Between the reference points 25a and 25b and shaded Green on sheet 14 of the streets plan
Beswick Road	Between the reference points 26a and 26b and shaded Green on sheet 15 of the streets plan
Station Road	Between the reference points 27a and 27b and shaded Green on sheet 16 of the streets plan
A164	Between the reference points 28a and 28b and shaded Green on sheet 16 of the streets plan
Station Road	Between the reference points 29a and 29b and shaded Green on sheet 16 of the streets plan
A164	Between the reference points 30a and 30b and shaded Green on sheet 17 of the streets plan
Private Access	Between the reference points 31a and 31b and shaded Brown on sheet 17 of the streets plan
Private Access	Between the reference points 32a and 32b and shaded Brown on sheet 17 of the streets plan
Private Access	Between the reference points 33a and 33b and shaded Brown on sheet 18 of the streets plan
Private Access	Between the reference points 34a and 34b and shaded Brown on sheet 18 of the streets plan
Old Road	Between the reference points 34c and 34d and shaded Green on sheet 18 of the streets plan
Miles Lane	Between the reference points 35a and 35b and shaded Green on sheet 19 of the streets plan
Miles Lane	Between the reference points 35c and 35d and shaded Green on sheet 19 of the streets plan
Miles Lane	Between the reference points 36a and 36b and shaded Green on sheet 19 of the streets plan
Rose Lane	Between the reference points 37a and 37b and shaded Green on sheets 19 and 20 of the streets plan
Private Access	Between the reference points 38a and 38b and shaded Brown on sheet 20 of the streets plan
A1035	Between the reference points 39a and 39b and shaded Green on sheet 21 of the streets plan
Dogkennel Lane	Between the reference points 40a and 40b and shaded Green on sheet 21 of the streets plan
York Road	Between the reference points 41a and 41b and shaded Green on sheet 22 of the streets plan
York Road	Between the reference points 41c and 41d and shaded Green on sheet 22 of the streets plan
A1079	Between the reference points 42a and 42b and shaded Green on sheets 22 and 23 of the streets plan
Newbald Road	Between the reference points 43a and 43b and shaded Green on sheet 23 of the streets plan
Newbald Road	Between the reference points 43c and 43d and shaded Green on sheet 23 of the streets plan
Private Access	Between the reference points 44a and 44b and shaded Brown on sheet 23 of the streets plan
B1230	Between the reference points 45a and 45b and shaded Green on sheets 23 and 24 of the streets plan
Private Access	Between the reference points 46a and 46b and shaded Brown on sheet 24 of the streets plan
Coppleflat Lane	Between the reference points 47a and 47b and shaded Green on sheet 25 of the streets plan
Coppleflat Lane	Between the reference points 48a and 48b and shaded Green on sheet 25 of the streets plan
Coppleflat Lane	Between the reference points 49a and 49b and shaded Green on sheets 25 and 26 of the streets plan
Coppleflat Lane	Between the reference points 50a and 50b and shaded Green on sheets 25 and 26 of the streets plan
A164	Between the reference points 51a and 51b and shaded Green on sheets 25 and 26 of the streets plan
A164	Between the reference points 51c and 51d and shaded Green on sheets 25 and 26 of the streets plan
Private Access	Between the reference points 52a and 52b and shaded Brown on sheet 26 of the streets plan
Private Access	Between the reference points 53a and 53b and shaded Brown on sheet 28 of the streets plan
Private Access	Between the reference points 54a and 54b and shaded Brown on sheet 28 of the streets plan
A1079	Between the reference points 55a and 55b and shaded Green on sheet 27 of the streets plan

SCHEDULE 3 — STREETS TO BE TEMPORARILY CLOSED OR RESTRICTED

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