The Hornsea Four Offshore Wind Farm Order 2023

• (5) No more than two vessels may be engaged at any time in activities related to piling for the licenced activities. There will only be maximum installation of two piled foundations within a 24-hour period. It is possible for installation of the two piled foundations to occur concurrently i.e. within a 24-hour period at up to two locations within the area of Work No. 3(a) or up to two locations within the array. The two piled foundation locations may also be piled simultaneously.

• (6) The licensed activities or any part of those activities must not commence until a fisheries coexistence and liaison plan in accordance with the outline fisheries coexistence and liaison plan has been submitted to and approved by the MMO in writing.

• (7) The undertaker must, before submitting any pre-construction plans and documentation required under this condition, provide a copy of the plans and documentation to any other undertaker to whom part of the benefit of this Order has been transferred or leased pursuant to article 5 (benefit of the Order) of the Order.

• (8) The undertaker to whom part of the benefit of the Order has been transferred or leased pursuant to article 5 (benefit of the Order) must provide any comments on the plans and documentation to the undertaker within 14 days of receipt.

• (9) The undertaker and any other undertaker must participate in liaison meetings as requested from time to time by the MMO in writing in advance and must consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence issued under this Order (including as varied or transferred).

14

• (1) Except where otherwise stated or agreed in writing with the MMO, each programme, statement, plan, protocol or scheme required to be approved under condition 13 (save for that required under condition 13(1)(f)) must be submitted for approval at least six months prior to the intended commencement of the relevant stage of the licensed activities.

• (2) The pre-construction monitoring surveys, construction monitoring, post-construction monitoring and related reporting required under condition 13(1)(f) must be submitted in accordance with the following, unless otherwise agreed in writing with the MMO—

• (a) at least six months prior to the first survey of the relevant stage, detail of any pre–construction surveys and an outline of all proposed monitoring;

• (b) at least six months prior to construction of the relevant stage, detail on construction monitoring; and

• (c) at least six months prior to commissioning of the relevant stage, detail of post-construction (and operational) monitoring.

• (3) The MMO must determine an application for consent made under condition 13 within a period of six months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker such agreement not to be unreasonably withheld or delayed.

• (4) The licensed activities for the relevant stage must be carried out in accordance with the approved plans, protocols, statements, schemes and details approved under condition 13, unless otherwise agreed in writing by the MMO.

• (5) The plans, protocols, statements, schemes and details submitted under condition 13 must ensure that any residual effects fall within the scope of those predicted in the environmental statement.

Offshore safety management

15

No stage of the authorised scheme may commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and, so far as is applicable to that stage of the authorised scheme adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN654 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

Reporting of engaged agents, contractors and vessels

16

• (1) The undertaker must provide the following information to the MMO—

• (a) the name, company number, address and function of any agent, contractor or sub-contractor appointed to engage in the licensed activities not less than ten working days prior to such agent or contractor commencing any licensed activity; and

• (b) each week during the construction of the authorised scheme a list of the vessels currently and to be used in relation to the licensed activities, including the master’s name, vessel IMO number and vessel owner or operating company.

• (2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activities.

• (3) The undertaker must notify the MMO in writing not less than 24 hours prior to the commencement of major component exchanges, ladder replacements or cable related works—

• (a) any agents, contractors or subcontractors that will carry out such works; and

• (b) any vessel proposed to be used for such works, including the master’s name, vessel type, vessel IMO number and vessel owner or operating company.

Pre-construction monitoring and surveys

17

• (1) The undertaker must, in discharging condition 13(1)(f), for each stage of construction submit a monitoring plan or plans for that stage in accordance with an outline marine monitoring plan for written approval by the MMO in consultation with the relevant statutory bodies, which will contain details of proposed surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report, and—

• (a) the survey proposals must be in accordance with the principles set out in the outline marine monitoring plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position or will enable the validation or otherwise of key predictions in the environmental statement; and

• (b) the baseline report proposals must ensure that the outcome of the agreed surveys together with existing data and reports are drawn together to present a valid statement of the preconstruction position, with any limitations, and must make clear what post-construction comparison is intended and the justification for this being required.

• (2) Subject to receipt from the undertaker of specific proposals pursuant to this condition the pre-construction surveys must comprise, in outline—

• (a) a full sea floor coverage swath-bathymetry survey that meets the requirements of IHO S44ed5 Order 1a of the Order limits and an appropriate buffer outside to—

• (i) determine the location, extent and composition of any biogenic or geogenic reef features, as set out within the outline marine monitoring plan;

• (ii) inform future navigation risk assessments as part of the cable specification and installation plan; and

• (iii) inform the identification of any archaeological exclusion zone and post consent monitoring of any such archaeological exclusion zone.

• (b) a bathymetric survey that meets the requirements of IHO S44ed5 Order 1a of the area within the following coordinates—

Development area node point	WGS84 UTM Zone 31N (metres)	WGS84 UTM Zone 31N (metres)	WGS84 (DMS)	WGS84 (DMS)	WGS84 (decimal degrees)	WGS84 (decimal degrees)
Development area node point	Easting	Northing	Latitude	Longitude	Latitude	Longitude
1	401818	5992480	54° 4′ 16.157″ N	1° 29′ 58.386″ E	54.07115	1.49955
2	411109	5984944	54° 0′ 18.479″ N	1° 38′ 37.320″ E	54.00513	1.64370
3	397695	5985627	54° 0′ 31.626″ N	1° 26′ 19.993″ E	54.00878	1.43889
4	397800	5978992	53° 56′ 57.085″ N	1° 26′ 33.766″ E	53.94919	1.44271
5	387657	5983579	53° 59′ 17.868″ N	1° 17′ 11.556″ E	53.98830	1.28654
6	401818	5992480	54° 4′ 16.157″ N	1° 29′ 58.386″ E	54.07115	1.49955

• (3) The pre-construction survey(s) carried out pursuant to condition 17(2)(a)(ii) and 17(2)(b) must fulfil the requirements of MGN654 and its supporting ‘Hydrographic Guidelines for Offshore Renewable Energy Developer’ (as relevant).

• (4) The undertaker must carry out the surveys specified within the monitoring plan or plans in accordance with that plan or plans, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

• (5) Following completion of a survey carried out pursuant to this condition and prior to construction of the relevant stage, the undertaker must provide a report and full density dataof the survey outcomes to the MMO, the relevant statutory nature conservation body, the MCA and UK Hydrographic Office (as relevant).

Construction monitoring

18

• (1) The undertaker must in discharging condition 13(1)(f) for each stage of construction submit a construction monitoring plan or plans for that stage in accordance with an outline marine monitoring plan for written approval by the MMO in consultation with the relevant statutory nature conservation body, which must include details of any proposed construction monitoring, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in accordance with the principles set out in the outline marine monitoring plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

• (2) Subject to receipt from the undertaker of specific proposals pursuant to this condition the construction monitoring plan must include in outline details of—

• (a) vessel traffic monitoring by automatic identification system for the duration of the construction period, with provision for a report to be submitted to the MMO, Trinity House, and the MCA annually during the construction period for the authorised development; and

• (b) where piled foundations are to be employed, unless otherwise agreed by the MMO in writing, details of proposed monitoring of the noise generated by the installation of the first four piled foundations of each piled foundation type to be constructed collectively under this licence and the licence granted under Schedule 11 of the Order.

• (3) The results of the initial noise measurements monitored in accordance with sub-paragraph 18(2)(b) must be provided in writing to the MMO within six weeks of the installation (unless otherwise agreed) of the first four piled foundations of each piled foundation type. The assessment of this report by the MMO will determine whether any further noise monitoring is required. If, in the opinion of the MMO in consultation with the statutory nature conservation body, the assessment shows impacts significantly in excess to those assessed in the environmental statement and there has been a failure of the mitigations set out in the marine mammal mitigation protocol, all piling activity must cease until an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.

• (4) The undertaker must carry out the surveys specified within the construction monitoring plan or plans in accordance with that plan or plans, including any further noise monitoring required in writing by the MMO under condition 18(3) unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

Post-construction monitoring

19

• (1) The undertaker must, in discharging condition 13(1)(f), for each stage of construction submit a post-construction monitoring plan or plans for that stage in accordance with an outline marine monitoring plan for written approval by the MMO in consultation with the relevant statutory nature conservation body including details of proposed post-construction surveys, including methodologies (including appropriate buffers, where relevant) and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in accordance with the principles set out in the outline marine monitoring plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre–construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

• (2) Subject to receipt of specific proposals the post-construction survey plan or plans must include, in outline—

• (a) details of a survey to determine any change in the location, extent and composition of any biogenic or geogenic reef feature identified in the pre-construction survey in the parts of the offshore Order limits in which construction works were carried out. The survey design must be informed by the results of the pre-construction benthic survey;

• (b) a bathymetric survey to monitor the effectiveness of archaeological exclusion zones. The data will be analysed by an accredited archaeologist as defined in the marine written scheme of archaeological investigation required under condition 13(2);

• (c) vessel traffic monitoring by automatic identification system for a duration of three consecutive years following the completion of construction of the authorised scheme, unless otherwise agreed in writing by the MMO, with provision for a report to be submitted annually to the MMO, Trinity House, and the MCA; and

• (d) a bathymetry survey of the installed export cable that meets the requirements of IHO S44ed5 Order 1a and MGN654 Annex 4 ‘Hydrography Guidelines for Offshore Renewable Energy Developers’.

• (3) The undertaker must carry out the surveys specified within the post-construction monitoring plan or plans in accordance with that plan or plans, and provide the agreed reports in the agreed format unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

• (4) Within 12 weeks of completion of any cable repair or replacement works, the undertaker must undertake a post installation survey along the section of cable that has undergone repair or replacement to demonstrate the successful burial of the cable, and submit a report to the MMO on its findings.

Timing of monitoring report

20

Any monitoring report compiled in accordance with the monitoring plans provided under conditions 17, 18 and 19 must be provided to the MMO no later than four months following receipt by the undertaker of the results of the monitoring to which it relates, unless otherwise agreed with the MMO in writing.

Reporting of impact pile driving

21

• (1) Only when driven or part-driven pile foundations are proposed to be used as part of the foundation installation the undertaker must provide the following information to the Marine Noise Registry—

• (a) prior to the commencement of the licensed activities, information on the expected location, start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward Look requirements;

• (b) at six month intervals following the commencement of pile driving, information on the locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements; and

• (c) within 12 weeks of completion of impact pile driving, information on the locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.

• (2) The undertaker must notify the MMO in writing of the successful submission of Forward Look or Close Out data pursuant to sub–paragraph (1) above within 7 days of the submission.

• (3) For the purpose of this condition “Forward Look” and “Close Out” means the requirements as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) as amended, updated or superseded from time to time.

HVAC booster station lighting plan

22

The undertaker must ensure that all HVAC booster stations are lit in accordance with the HVAC booster station lighting plan.

Piling restriction

23

In the event that driven or part driven pile foundations are to be used to install Work No. 3, no impact piling may be undertaken between 21 August and 23 October each year within the area of Work No. 3 as shown on the offshore works plans unless otherwise agreed in writing by the MMO after consultation with the relevant statutory nature conservation body.

Maintenance reporting

24

• (1) An annual maintenance report must be submitted to the MMO in writing within one month following the first anniversary of the date of commencement of operations, and every year thereafter until permanent cessation of operation.

• (2) The report must provide a record of the licensed activities as set out in condition 4 during the preceding year, the timing of activities and methodologies used.

• (3) Every fifth year, the undertaker must submit to the MMO in writing, within one month of that date, a consolidated maintenance report, which will—

• (a) include a review of licensed activities undertaken during the preceding five years with reference to the reports submitted in accordance with condition 24(1) of this licence;

• (b) reconfirm the applicability of the methodologies and frequencies of the licensable activities permitted by this licence for the remaining duration of this licence.

Stages of construction

25

• (1) The licenced activities must not be commenced until a written scheme setting out the stages of construction of the authorised development seaward of MHWS has been submitted to and approved by the MMO in writing.

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

• (3) The scheme must be implemented as approved.

• (4) The written scheme referred to in sub–paragraph (1) must be submitted to the MMO in writing four months prior to the planned commencement of the licenced activities.

Completion of construction

26

The undertaker must submit a close out report to the MCA and the UK Hydrographic Office within three months of the date of completion of construction. The close out report must confirm the date of completion of construction and must include the following—

• (a) a plan of the layout of installed export and inter-array cables, offshore substations and booster stations; and

• (b) latitude and longitude coordinates of the location of export and inter-array cables, offshore substations and booster stations, provided as Geographical Information System data referenced to WGS84 datum.

Deployment of cable protection

27

Any cable protection authorised under this licence must be deployed within 15 years from the date of the grant of the order unless otherwise agreed by the MMO in writing.

Southern North Sea Special Area of Conservation Site Integrity Plan

28

• (1) No piling activities can take place until a Site Integrity Plan (“SIP”), which accords with the principles set out in the outline Southern North Sea Special Area of Conservation Site Integrity Plan, has been submitted to, and approved in writing, by the MMO in consultation with the relevant statutory nature conservation body.

• (2) The SIP submitted for approval must contain a description of the conservation objectives for the Southern North Sea Special Area of Conservation (the “SNS SAC”) as well as any relevant management measures and it must set out the key statutory nature conservation body advice on activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this has been considered in the context of the authorised scheme.

• (3) The SIP must be submitted to the MMO no later than six months prior to the commencement of the piling activities.

• (4) In approving the SIP, the MMO must be satisfied that the authorised scheme at the pre-construction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.

• (5) The approved SIP may be amended with the prior written approval of the MMO, in consultation with the relevant statutory nature conservation body, where the MMO remains satisfied that the Project, in-combination with other plans or projects at the preconstruction stage, is in line with the JNCC guidance.

SCHEDULE 13 — MODIFICATIONS TO AND AMENDMENTS OF THE DOGGER BANK CREYKE BECK OFFSHORE WIND FARM ORDER 2015

Schedule 12 to the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

1

After Part 5 of Schedule 12 insert a new Part 6—

(1) The following provisions of this Part of this Schedule will have effect unless otherwise agreed in writing between the undertaker and Hornsea Four. (2) In this Part of this Schedule— - “acceptable insurance” means a third party liability insurance effected and maintained by the undertaker to a level of not less than £50,000,000.00 (fifty million pounds) (or such lower amount as may be agreed by Hornsea Four) per occurrence or series of occurrences arising out of one event. Such insurance shall be maintained for the construction period of the authorised development which constitute specified works and arranged with an internationally recognised insurer of repute operating in the London and worldwide insurance market underwriters whose security/credit rating meets the same requirements as an “acceptable credit provider”, such policy shall include (but without limitation)—Hornsea Four as a Co-Insured;a cross liabilities clause; andcontractors’ pollution liability for third party property damage and third party bodily damage arising from a pollution/contamination event with cover of £10,000,000.00 (ten million pounds) per event or £20,000,000.00 (twenty million pounds) in aggregate; - “ground mitigation scheme” means a scheme approved by Hornsea Four (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event; - “ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the Hornsea Four authorised development which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the undertaker to submit for Hornsea Four’s approval a ground mitigation scheme; - “ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme; ... - “the Hornsea Four authorised development” means the onshore development authorised by the Hornsea Four Order; - “the Hornsea Four Order” means the Hornsea Four Offshore Wind Farm Order 2023; - “the Hornsea Four Order land” has the same meaning as the term “Order land” in article 2(1) of the Hornsea Four Order; - “Hornsea Four” means Orsted Hornsea Project Four Limited, (Company No. 08584182) whose registered office is at 5 Howick Place, London, England, SW1P 1WG or any person having the benefit of the Hornsea Four Order pursuant to article 5 thereof; - “the Order” means this Order; - “the respective authorised developments” means the developments authorised by the Order and the Hornsea Four Order respectively; and - “specified works” means the carrying out of any of the authorised development over, under or within 15 metres of the Hornsea Four authorised development or in the event that the Hornsea Four authorised development has not been constructed within the Hornsea Four Order land. (3) (1) The undertaker may not exercise the powers under any of the articles of the Order specified in sub-paragraph (2) over or in respect of the Hornsea Four Order land otherwise than with the prior written consent of Hornsea Four. (2) The articles referred to in sub-paragraph (1) are— (a) article 13 (street works); (b) article 14 (temporary stopping up of streets); (c) article 15 (access to works); (d) article 17 (discharge of water); (e) article 19 (authority to survey and investigate land); (f) article 28 (rights under or over streets); (g) article 29 (temporary use of land for carrying out authorised project); (h) article 30 ( (temporary use of land for maintaining authorised project) ; and (i) article 36 (trees subject to tree preservation orders). (3) In the event that Hornsea Four withholds its consent pursuant to sub-paragraph (1) it will notify the undertaker in writing of the reasons for withholding such consent and (if applicable) the time period during which such consent will be withheld. (4) Wherever in this Part of this Schedule provision is made with respect to the approval or consent of Hornsea Four, that approval or consent shall be in writing (and subject to such reasonable terms and conditions as the undertaker may require), but shall not be unreasonably withheld. (5) In the event that Hornsea Four does not respond in writing to a request for approval or consent within 28 days of receipt of such a request, Hornsea Four is deemed to have given its consent (without any terms or conditions). (6) Insofar as the construction of the respective authorised developments is or may be undertaken concurrently, the undertaker shall— (a) co-operate with Hornsea Four with a view to ensuring— (i) the co-ordination of construction programming and the carrying out of works; and (ii) that access for the purposes of constructing the respective authorised developments is maintained for the undertaker and Hornsea Four and their respective contractors; and (b) use reasonable endeavours to avoid any conflict arising between the carrying out of the respective authorised developments. (7) Insofar as the construction of the authorised development gives rise to the need to modify any scheme secured by a requirement contained in Part 3, Schedule 1 to the Hornsea Four Order, the undertaker will provide such assistance as is reasonably necessary to support Hornsea Four in pursuing any such modification. (8) Insofar as compliance with paragraph 3(1) of this Part prevents the undertaker from complying with any requirement contained in Part 3 of Schedule 1 to the Order, the undertaker will not be in breach of such requirement for the time period specified in paragraph 3(3). (9) In the event that paragraph 8 applies, the undertaker will provide the relevant planning authority with a copy of the reasons given by Hornsea Four for refusing consent and the time period pursuant to paragraph 3(3). (10) It will be a defence for any person charged with an offence pursuant to section 161 of the Planning Act 2008 (Breach of terms of order granting development consent) to prove that they were not able to comply with a requirement contained in Part 3 of Schedule 1 to the Order due to the effect of paragraph 3 of this Part. (11) (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to Hornsea Four a plan and, if reasonably required by Hornsea Four, a ground monitoring scheme in respect of those works. (2) The plan to be submitted to Hornsea Four under sub-paragraph (1) must include a method statement and describe— (a) the exact position of the works; (b) the level at which these are proposed to be constructed or renewed; (c) the manner of their construction or renewal including details of excavation, positioning of plant etc.; (d) the position of all Hornsea Four authorised development; (e) by way of detailed drawings, every alteration proposed to be made to or close to any of the Hornsea Four authorised development; and (f) any intended maintenance regimes. (3) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until Hornsea Four has given written approval of the plan so submitted. (4) Any approval of Hornsea Four required under sub-paragraph (3)— (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7); and, (b) must not be unreasonably withheld. (5) In relation to a work to which sub-paragraphs (1) and/or (2) apply, Hornsea Four may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing the Hornsea Four authorised development against interference or risk of damage or for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any of the Hornsea Four authorised development. (6) Works to which this paragraph applies must only be executed in accordance with the plan, submitted under sub-paragraphs (1) and (2) or as relevant sub-paragraph (5), as amended from time to time by agreement between the undertaker and Hornsea Four and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5) and/or (7) by Hornsea Four for the alteration or otherwise for the protection of the Hornsea Four authorised development, or for securing access to it, and Hornsea Four will be entitled to watch and inspect the execution of those works. (7) Where Hornsea Four requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Hornsea Four’s satisfaction prior to the commencement of any specified works for which protective works are required and Hornsea Four must give notice of its requirement for such protective works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency). (8) Nothing in this paragraph shall preclude 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 specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan. (9) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to Hornsea Four notice as soon as is reasonably practicable and a plan of those works and must— (a) comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and (b) comply with sub-paragraph (10) at all times. (10) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker shall implement an appropriate ground mitigation scheme save that Hornsea Four retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 12. (12) Save where otherwise agreed in writing between Hornsea Four and the undertaker and subject to the following provisions of this paragraph, the undertaker must pay to Hornsea Four within 30 days of receipt of an itemised invoice or claim from Hornsea all charges, costs and expenses reasonably incurred by Dogger Bank in, or in connection with this Part of this Schedule including without limitation— (a) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; (b) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule. (13) (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the onshore elements of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out the onshore elements of the authorised development (including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works), any damage is caused to any apparatus or property of Hornsea Four, or there is any interruption in any service provided, or in the supply of any goods, by Hornsea Four, or Hornsea Four becomes liable to pay any amount to any third party, the undertaker will— (a) bear and pay on demand accompanied by an invoice or claim from Hornsea Four the cost reasonably and properly incurred by Hornsea Four in making good such damage or restoring the supply; and (b) indemnify Hornsea Four for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Hornsea Four, by reason or in consequence of any such damage or interruption or Hornsea Four becoming liable to any third party as aforesaid other than arising from any default by Hornsea Four. (2) The fact that any act or thing may have been done by Hornsea Four on behalf of the undertaker or in accordance with a plan approved by Hornsea Four or in accordance with any requirement of Hornsea Four as a consequence of the onshore elements of the authorised development or under its supervision will not (unless sub-paragraph (3) applies)... excuse the undertaker from liability under the provisions of this sub-paragraph (2) where the undertaker fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan or as otherwise agreed between the undertaker and Hornsea Four. (3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of any damage or interruption to the extent that it is attributable to the neglect or default of Hornsea Four, its officers, servants, contractors or agents. (4) Hornsea Four must give the undertaker reasonable notice of any such claim or demand and no settlement, admission of liability or compromise or demand must be made, unless payment is required in connection with a statutory compensation scheme without first consulting the undertaker and considering its representations. (5) Hornsea Four must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands and penalties to which the indemnity under sub-paragraph (1) applies. If requested to do so by the undertaker, Hornsea Four must provide an explanation of how the claim has been minimised. The undertaker is only liable under sub-paragraph (1) for any claim reasonably incurred by Hornsea Four. (6) The undertaker must not commence construction (and must not permit the commencement of such construction) of any specified works until Hornsea Four is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker or its contractor has procured acceptable insurance (and provided evidence to Hornsea Four that it shall maintain such acceptable insurance for the construction period of the specified works from the proposed date of commencement of construction of the specified works) and Hornsea Four has confirmed the same in writing to the undertaker. (7) In the event that the undertaker fails to comply with paragraph 13(6) of this Part of this Schedule, nothing in this Part of this Schedule shall prevent Hornsea Four from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction. (14) (1) Any difference or dispute arising between the undertaker and Hornsea Four under this Part of this Schedule shall, unless otherwise agreed in writing between the undertaker and Hornsea Four, be referred to and settled in arbitration in accordance with the Rules at Schedule 14 of the Hornsea Four 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) Should the Secretary of State fail to appoint an arbitrator under paragraph (1) within 14 days of the application, the referring party may refer to the Centre of Effective Dispute Resolution for appointment of an arbitrator. (3) Article 44 (arbitration) will not apply to any difference or dispute under any provision of this Part of this Schedule. (15) If in consequence of any specified works approved in accordance with this Part or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable Hornsea Four to maintain or use the apparatus no less effectively than was possible before such obstruction.

SCHEDULE 14 — ARBITRATION RULES

Primary objective

1

• (1) The primary objective of these Arbitration Rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within 4 months from the date the arbitrator is appointed pursuant to article 39 of the Order.

• (2) The parties shall first use their reasonable endeavours to settle a dispute amicably through negotiations undertaken in good faith by the senior management of the parties. Any dispute which is not resolved amicably by the senior management of the parties within twenty (20) working days of the dispute arising, or such longer period as agreed in writing by the parties, shall be subject to arbitration in accordance with the terms of this Schedule.

• (3) The Arbitration will be deemed to have commenced when a party (“the Claimant”) serves a written notice of arbitration on the other party (“the Respondent”).

Time periods

2

• (1) All time periods in these Arbitration Rules are measured in working days and this will exclude weekends, bank holidays and public holidays.

• (2) Time periods are calculated from the day after the arbitrator is appointed which is either—

• (a) the date the arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or

• (b) the date the arbitrator is appointed by the Secretary of State.

Timetable

3

• (1) The timetable for the arbitration is set out in sub-paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).

• (2) Within 15 days of the arbitrator being appointed, the Claimant must provide both the Respondent and the arbitrator with—

• (a) a written Statement of Claim which describes the nature of the difference between the parties, the legal and factual issues, the Claimant’s contentions as to those issues, and the remedy it is seeking; and

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

• (3) Within 15 days of receipt of the Claimant’s statements under sub-paragraph (2) by the arbitrator and Respondent, the Respondent must provide the Claimant and the arbitrator with—

• (a) a written Statement of Defence responding to the Claimant’s Statement of Claim, its statement in respect of the nature of the difference, the legal and factual issues in the Claimant’s claim, its acceptance of any element(s) of the Claimant’s claim, its contentions as to those elements of the Claimant’s claim it does not accept;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and

• (c) any objections it wishes to make to the Claimant’s statements, comments on the Claimant’s expert report(s) (if submitted by the Claimant) and explanations for the objections.

• (4) Within 5 days of the Respondent serving its statements under sub-paragraph (3), the Claimant may make a Statement of Reply by providing both the Respondent and the arbitrator with—

• (a) a written statement responding to the Respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;

• (b) all statements of evidence and copies of documents in response to the Respondent’s submissions;

• (c) any expert report in response to the Respondent’s submissions;

• (d) any objections to the statements of evidence, expert reports or other documents submitted by the Respondent; and

• (e) its written submissions in response to the legal and factual issues involved.

Procedure

4

• (1) The arbitrator must make an award on the substantive difference(s) based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.

• (2) Either party may, within 2 days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

• (3) Within 5 days of receiving the last submission, the arbitrator must notify the parties whether a hearing is to be held and the length of that hearing.

• (4) Within 10 days of the arbitrator advising the parties that they will hold a hearing, the date and venue for the hearing will be fixed by agreement with the parties, save that if there is no agreement the arbitrator must direct a date and venue which they consider is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the arbitrator’s direction confirming the date and venue of the hearing.

• (5) A decision must be made by the arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the arbitrator, then any expert(s) attending the hearing may be asked questions by the arbitrator.

• (6) There is no process of examination and cross-examination of experts, but the arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the arbitrator’s questions. Prior to the hearing the procedure for the expert(s) is—

• (a) at least 20 days before a hearing, the arbitrator must provide a list of issues to be addressed by the expert(s);

• (b) if more than one expert is called, they are to jointly confer and produce a joint report or reports within 10 days of the issues being provided; and

• (c) the form and content of a joint report must be as directed by the arbitrator and must be provided at least 5 days before the hearing.

• (7) Within 10 days of a hearing or a decision by the arbitrator that no hearing is to be held the Parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator must take these submissions into account in the award.

• (8) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within 4 months of the date on which they are appointed, unless both parties otherwise agree to an extension to the date for the award.

• (9) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before them attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.

• (10) The arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given will be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator’s powers

5

• (1) The arbitrator has all the powers of the Arbitration Act 1996[^f00070], including the non-mandatory sections, save where modified by these Arbitration Rules.

• (2) There will be no discovery or disclosure, except that the arbitrator has the power to order the parties to produce such documents as are reasonably requested by another party no later than the Statement of Reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders are to be made by way of a Redfern Schedule without any hearing.

• (3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales and/or procedure—

• (a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;

• (b) only for such a period that is necessary to achieve fairness between the parties.

• (4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it is to be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

6

• (1) The costs of the Arbitration must include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the Arbitration.

• (2) Subject to sub-paragraph (3), the arbitrator must award recoverable costs on the general principle that each party should bear its own costs.

• (3) The arbitrator may depart from the general principle in sub-paragraph (2) and make such other costs award as it considers reasonable where a party has behaved unreasonably as set out in the Planning Practice Guidance or such other guidance as may replace it.

Confidentiality

7

• (1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation shall be open to and accessible by the public.

• (2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.

• (3) Nothing in this paragraph shall prevent any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment.

SCHEDULE 15 — DOCUMENTS TO BE CERTIFIED

PART 1 — DOCUMENTS FORMING THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED

(1) Application Document No.	(2) Examination Library Reference	(3) Document Description	(4) Version	(5) Date
A1, A2 and A3	APP-006 to APP-034	The environmental statement	1	8 October 2021
A4	APP-035 to APP-066	Figures	1	8 October 2021
A5 and A6	APP-067 to APP-128	Technical Appendices	1	8 October 2021

PART 2 — EXAMINATION DOCUMENTS FORMING PART OF THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED

(1) Application Document No. (and relevant ES Chapters)	(2) Examination Library Reference (and relevant ES Chapter reference)	(3) Document Description	(4) Version	(5) Date
A2.2	REP7-004	Benthic and Intertidal Ecology	2	10 August 2022
A5.2.1.1	REP7-013	Benthic Intertidal Ecology Technical Report	2	10 August 2022
A2.6	REP5-004	Commercial Fisheries	2	20 June 2022
A4.4.4	REP6-004	Dredging and disposal site	2	27 July 2022
A3.3.1	AS-008	Ecology and Nature Conservation Schedule of Change	1	17 January 2022
A1.5.1	AS-007	Environmental Impact Assessment Methodology Schedule of Change	1	17 January 2022
G1.2	AS-020	Environmental Risk Assessment of the Onshore Substation and Energy Balancing Infrastructure	1	17 January 2022
A6.4.1	REP5-010	Landscape and visual resources wireframes and photomontages	2	20 June 2022
A5.7.1	REP4-009	Navigational risk assessment part 1	2	10 May 2022
A5.7.1	REP4-011	Navigational risk assessment part 2	2	10 May 2022
A5.7.1	REP4-013	Navigational risk assessment part 3	2	10 May 2022
A5.11.1	REP3-005	Offshore installation interfaces part 1	2	21 April 2022
A5.11.1	REP2-059	Offshore installation interfaces part 2	2	29 March 2022
A5.5.2	REP2-003	Offshore ornithology displacement analysis	2	29 March 2022
A5.5.5.1	AS-010	Offshore Ornithology Migratory Birds report Schedule of Change	1	17 January 2022
G5.25	REP6-028	Ornithology Environmental Impact Assessment (EIA) and Habitats Regulation Assessment (HRA) Revision 2	3	27 July 2022
A4.4.8	REP6-006	Pro-rata Annex Revision 4	4	27 July 2022
NTS1.1.1	AS-022	Response to post-Acceptance s51 advice: NTS1.1.1 Non Technical Summary of Schedule of Change	1	17 January 2022
G5.9	REP5a-009	Revised Ornithology Baseline Revision 2	2	4 July 2022
A2.7	REP5-006	Shipping and Navigation	2	20 June 2022
A1.4	REP7-002	Volume A4 Chapter 4: Project Description Revision 7	7	10 August 2022

PART 3 — OTHER DOCUMENTS TO BE CERTIFIED

(1)Examination Library Reference	(2)Document Name	(3)Version	(4)Date
APP-213	the access to works plan	1	8 October 2021
REP7-049	the book of reference	4	10 August 2022
REP5-084	the Bridge protected area plan	1	20 June 2022
REP6-008	the commitments register	3	27 July 2022
APP-221	the crown land plans – onshore and offshore	1	8 October 2021
REP7-027	the guillemot and razorbill compensation plan	3	10 August 2022
APP-252	the HVAC booster station lighting plan	1	8 October 2021
Post-examination G14.2	Johnston protective provisions plan	1	16 May 2023
REP5-016	the kittiwake compensation plan	2	20 June 2022
APP-210	the land plans	1	8 October 2021
REP5-008	the layout principles	3	20 June 2022
APP-206	the location plans – Offshore	1	8 October 2021
APP-207	the location plans - Onshore	1	8 October 2021
REP7-106	the NEO protective provisions plan, Appendix B	1
APP-208	the offshore Order limits and grid coordinates plan	1	8 October 2021
REP5-037	the offshore works plans	2	20 June 2022
APP-040	the onshore crossing schedule	1	8 October 2021
APP-209	the onshore Order limits plan	1	8 October 2021
REP5-038	the onshore works plans	2	20 June 2022
Post-examination	the outline cable specification and installation plan	5	17 April 2023
REP4-019	the outline code of construction practice	3	10 May 2022
REP4-019	the outline construction traffic management plan	3	10 May 2022
REP4-021	the outline design plan	2	10 May 2022
REP1-029	the outline ecological management plan	2	8 March 2022
APP-253	the outline employment and skills plan	1	8 October 2021
REP2-029	the outline energy balancing infrastructure HazID report	2	29 March 2022
APP-249	the outline enhancement strategy	1	8 October 2021
REP1-033	the outline fisheries coexistence and liaison plan	2	8 March 2022
REP3-010	the outline landscape management plan	4	21 April 2022
REP6-011	the outline marine mammal mitigation protocol	2	27 July 2022
Post-examination F2.7	the outline marine monitoring plan	3	11 May 2023
REP5-042	the outline marine written scheme of investigation	2	20 June 2022
APP-251	the outline net gain strategy	1	8 October 2021
APP-241	the outline onshore infrastructure drainage strategy	1	8 October 2021
Post examination	the outline offshore operations and maintenance plan	3	17 April 2023
APP-254	the outline ornithological monitoring plan	1	8 October 2021
REP7-054	the outline southern north sea special area of conservation site integrity plan	2	10 August 2022
REP3-012	the outline written scheme of investigation for onshore archaeology	2	21 April 2022
REP6-006	the pro-rata annex	4	27 July 2022
APP-215	the public rights of way plan	1	8 October 2021
APP-214	the streets plan	1	8 October 2021
APP-220	the tree preservation order and hedgerow plan	1	8 October 2021

SCHEDULE 16 — COMPENSATION TO PROTECT THE COHERENCE OF THE NATIONAL SITE NETWORK

PART 1 — OFFSHORE ORNITHOLOGY ENGAGEMENT GROUP

1

In this Schedule—

• “the FFC” means the site designated as the Flamborough and Filey Coast Special Protection Area;

• “GCIMP” means the guillemot compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult guillemot from the FFC as a result of the authorised development;

• “KCIMP” means the kittiwake compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult kittiwakes from the FFC as a result of the authorised development;

• “the guillemot and razorbill compensation plan” means the document certified as the guillemot and razorbill compensation plan by the Secretary of State for the purposes of this Order under article 38 (certification of plans and documents, etc);

• “the Hornsea Four Offshore Ornithology Engagement Group” or “H4 OOEG” means the group that will assist, through consultation, the undertaker in the delivery of the compensation measures identified in the kittiwake compensation plan and the guillemot and razorbill compensation plan;

• “the kittiwake compensation plan” means the document certified as the kittiwake compensation plan by the Secretary of State for the purposes of this Order under article 38 (certification of plans and documents, etc.);

• “the offshore compensation measures” means the offshore nesting structure;

• “the onshore compensation measure” means, as the context requires, predator eradication and/or the onshore nesting structure; and

• “UK NSN” means the United Kingdom National Site Network as defined in regulation 3 of the Conservation of Habitats and Species Regulations 2017.

2

Work Nos. 1, 2, 3, 4 and 5 together with any associated development offshore may not be commenced until a plan for the work of the H4 OOEG has been submitted to and approved by the Secretary of State, such plan to include—

• (a) terms of reference of the H4 OOEG;

• (b) details of the membership of the H4 OOEG which must include—

• (i) the MMO and the relevant SNCB as core members for the offshore compensation measures;

• (ii) the relevant local planning authority and Natural England as core members for the onshore compensation measures;

• (iii) the RSPB, The Wildlife Trust and Alderney Wildlife Trust as advisory members, for both the onshore compensation measures and/or the offshore compensation measures subject to their area of expertise;

• (c) details of the proposed schedule of meetings, timetable for preparation of the KCIMP and GCIMP and reporting and review periods;

• (d) the dispute resolution mechanism and confidentiality provisions; and

• (e) the scope of work to be limited to the topics for discussion as identified by the appointed chair to include in relation to the compensation measure, monitoring and adaptive management.

PART 2 — KITTIWAKE COMPENSATION

3

Following consultation with the H4 OOEG, the KCIMP must be submitted to the Secretary of State for approval in consultation with the MMO and relevant SNCB for the offshore compensation measure, and with the relevant local planning authority and relevant SNCB for any onshore measure (if such measure is required). The KCIMP must be based on the strategy for kittiwake compensation set out in the kittiwake compensation plan and include—

• (a) Details of the location where the compensation measure will be delivered and the suitability of the site to deliver the measures (including why the location is appropriate ecologically and likely to support successful compensation);

• (b) in relation to an offshore structure, details of any relevant seabed agreement(s);

• (c) details of the design of the artificial nesting structure(s) to provide nesting for at least 750 pairs of kittiwake in total; including the projected number of nests that will be accommodated on the structure, and how risks from predation and other perturbations have been designed out or mitigated;

• (d) an implementation timetable for delivery of the artificial nesting structure, such timetable to ensure that the structure is in place to allow for at least two full kittiwake breeding seasons prior to operation of any turbine forming part of the authorised development. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 April in each year and ended on 30 September;

• (e) details of the maintenance schedule for the artificial nesting structure;

• (f) details for the proposed ongoing monitoring and reporting of the effectiveness of the measures including—

• (i) survey methods;

• (ii) survey programmes;

• (iii) success criteria; and

• (iv) timescales for the monitoring reports to be delivered;

• (g) recording of H4 OOEG consultations and project reviews;

• (h) details of any adaptive management measures, with details of the factors used to trigger any alternative and/or adaptive management measures; and

• (i) monitoring should include annual monitoring of the number of birds colonising the site including sufficient detail to identify barriers to breeding success (including nesting attempts and nest productivity) and target alternative or adaptive compensation measures. Evidence of natal dispersal and colony interchange with the UK NSN and FFC kittiwake colony should be included. Information of any other seabirds attempting to and/ or successfully nesting on the ANS should also be recorded.

4

The undertaker must implement the measures set out in the KCIMP approved by the Secretary of State, unless otherwise agreed by the Secretary of State in consultation with the relevant SNCB, MMO and the relevant local planning authority. No operation of any turbine forming part of the authorised development may begin until the KCIMP has been approved by the Secretary of State and two full breeding seasons following the implementation of the measures set out in the KCIMP have taken place. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 April in each year and ended on 30 September.

5

The undertaker must notify the Secretary of State of completion of construction of the artificial nesting structure as set out in the KCIMP.

6

Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the relevant SNCB. This must include any finding (if relevant) that the measures have been ineffective in securing an increase in the number of adult kittiwakes available to recruit into the FCC and in such case proposals to address this. Any proposals to address effectiveness must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body.

7

The artificial nesting structure must not be decommissioned without prior written approval of the Secretary of State in consultation with relevant SNCB. The artificial nest structures shall be maintained beyond the operational lifetime of the authorised development if they are colonised, and routine and adaptive management measures and monitoring must continue whilst the artificial nesting structures are in place.

8

The KCIMP approved under this Schedule includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved KCIMP must be in accordance with the principles set out in the kittiwake compensation plan and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any materially new or materially different environmental effects from those considered in the kittiwake compensation plan.

9

In the event of any conflict between the terms of the Order and the kittiwake compensation plan or the KCIMP then the provisions of this Order shall prevail.

PART 3 — GUILLEMOT COMPENSATION

10

Following consultation with the H4 OOEG, the GCIMP must be submitted to the Secretary of State for approval in consultation with Natural England, the local planning authority and Alderney Wildlife Trust. The GCIMP must be based on the strategy for guillemot compensation set out in the guillemot and razorbill compensation plan (as relevant to guillemot) and include—

• (a) for the predator eradication measure—

• (i) details of the location(s) where the compensation measure will be delivered;

• (ii) details of the number of nest sites that need to be created within the Herm Island complex (Herm, Jethou, including Grand Fauconniere and the Humps) and locations around Alderney. This must take into account both the number of chicks that will need to be produced to ensure that the required number of adults survive to adulthood and the proportion of adult birds that are expected to be recruited into the UK NSN;

• (iii) details of how any necessary land access rights, licences and approvals have or will be obtained and any biosecurity measures will be or have been secured;

• (iv) an implementation timetable for delivery of the predator eradication measure, such timetable to ensure that the predator eradication method has commenced no later than two years prior to the commencement of Work No. 1(a) and 1(b), Work No. 2(a), 2(b) and 2(c) and Work No. 3(a);

• (v) details for the proposed ongoing monitoring of the measure including—

• (aa) survey methods for predators and seabirds;

• (bb) success criteria;

• (cc) survey and reporting programmes;

• (dd) seabird productivity rates;

• (ee) seabird breeding population;

• (ff) distribution of breeding seabirds; and

• (gg) evidence of guillemot natal dispersal to the UK NSN;

• (vi) recording of H4 OOEG consultations and project reviews;

• (vii) details of any adaptive management measures, with details of the factors used to trigger any such measures. Such measures should consider offshore artificial nesting structures for guillemot;

• (viii) provision for reporting to the Secretary of State, to include details of the use of the location(s) by breeding guillemot to identify barriers to success and target any adaptive management measures;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

The undertaker must carry out the predator eradication method as set out in the GCIMP approved by the Secretary of State in consultation with Natural England, the Alderney Wildlife Trust and the local planning authority. Work No. 1(a) and 1(b), Work No. 2(a), 2(b) and (c) and Work No. 3(a) must not commence until the GCIMP has been approved by the Secretary of State in accordance with paragraph 10, and at least 2 years have elapsed since the start of the predator eradication works.

12

The undertaker must notify the Secretary of State of completion of the predator eradication method set out in the GCIMP.

13

The GCIMP approved under this Schedule includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved GCIMP must be in accordance with the principles set out in the guillemot and razorbill compensation plan (as relevant to guillemot) and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any materially new or materially different environmental effects from those considered in the guillemot and razorbill compensation plan (as relevant to guillemot).

14

In the event of any conflict between the terms of this Order and the guillemot compensation plan or the GCIMP then the provisions of this Order shall prevail.

Signed

Signed by authority of the Secretary of State for Energy Security and Net Zero

David Wagstaff — Deputy Director Energy Infrastructure Planning — Department for Energy Security and Net Zero — 12th July 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises the construction, operation and maintenance of an offshore wind farm generating station located in the North Sea 69 kilometres due east of Flamborough Head at its closest point together with associated development. This Order imposes requirements in connection with the development and authorises the compulsory purchase of land (including rights in land) and the right to use land and to override easements and other rights.

This Order also grants deemed marine licences under Part 4 of the Marine and Coastal Access Act 2009 in connection with the wind farm. The marine licences impose conditions in connection with the deposits and works for which they grant consent.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 38 (certification of plans and documents, etc.) together with a copy of any guarantee or alternative form of security approved by the Secretary of State pursuant to article 45 (funding), may be inspected free of charge at the offices of East Riding of Yorkshire Council at County Hall, Beverley, East Riding of Yorkshire, HU17 9BA.

Footnotes

[^f00001]: 2008 c. 29. Section 37 was amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264.

[^f00003]: Section 61 was amended by section 128(2) and Schedule 13, paragraph 18 to the Localism Act 2011 (c. 20) and by section 26 of the Infrastructure Act 2015 (c. 7).

[^f00004]: Section 65 was amended by Schedule 13 paragraph 22(2) and Schedule 25, paragraph 1 to the Localism Act 2011 (c. 20) and by section 27(1) of the Infrastructure Act 2015 (c. 7).

[^f00005]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00006]: Section 74 was amended by sections 128(2) and 237 and by Schedule 13, paragraph 29 and Schedule 25, paragraph 1, to the Localism Act 2011 (c. 20).

[^f00007]: S.I. 2017/572.

[^f00008]: Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 128(2) of the and Schedule 13, paragraphs 1 and 49(1) to (6) of the Localism Act 2011 (c. 20).

[^f00009]: Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013 (c. 27).

[^f00010]: Sections 114,115 and 120 were amended by sections 128(2) and 140 and Schedule 13, paragraphs 1, 55(1), (2) and 60(1) and (3) of the Localism Act 2011 (c. 20). Relevant amendments were made to section 115 by section 160(1) to (6) of the Housing and Planning Act 2016 (c. 22).

[^f00011]: 1961 c. 33.

[^f00012]: 1965 c. 56.

[^f00013]: 1980 c. 66.

[^f00014]: 1981 c. 66.

[^f00015]: 1989 c. 29.

[^f00016]: 1990 c. 8.

[^f00017]: 1991 c. 22.

[^f00018]: 2000 c. 37.

[^f00019]: 2003 c. 21.

[^f00020]: 2004 c. 20.

[^f00021]: 2008 c. 29.

[^f00022]: 2009 c. 23.

[^f00023]: S.I. 2016/1154.

[^f00024]: “highway” is defined in section 328(1), “highway authority” is described in section 1. Section 1 was amended by sections 8 and 102 and Schedules 4, paragraph 1 and Schedule 17 to the Local Government Act 1985 (c. 51), by section 21 of the 1991 Act and by section 1(6) and Schedule 1, paragraphs 1 to 4 of the Infrastructure Act 2015 (c. 7). There are other amendments which are not relevant to this Order.

[^f00025]: 2010 c. 29.

[^f00026]: S.I. 2017/1012.

[^f00027]: S.I. 2017/1013.

[^f00028]: Section 48 was amended by section 124(2) of the Local Transport Act 2008 (c. 26).

[^f00029]: “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act (c. 7).

[^f00030]: S.I. 1997/1160.

[^f00031]: 2017 c. 20.

[^f00032]: 1991 c. 57.

[^f00033]: 1991 c. 59.

[^f00034]: 1990 c. 43. Section 82 was amended by section 107 and paragraph 6 of Schedule 17 to, the Environment Act (c. 25) and section 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40), and section 79 was amended by sections 101 and 102 of the Clean Neighbourhoods and Environment Act 2005 (c. 16), and by section 120 and paragraph 89 of Schedule 22 to the Environment Act 2005. There are other amendments to this Act which are not relevant to this Order.

[^f00035]: 1974 c. 40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15 of Schedule 15 to the Environmental Protection Act 1990 (c. 43) and Schedule 24 to the Environment Act 1995 (c. 25). There are other amendments to the Act which are not relevant to the Order.

[^f00036]: Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c. 18).

[^f00037]: 1991 c. 56. Section 106 was amended by sections 35(8)(a) and 43(2) of and paragraph 1 of Schedule 2 to the Competition and Service (Utilities) Act 1992 (c. 43) and sections 36(2) and 99(2), (4), (5)(a), (5)(b), (5)(c) of the Water Act 2003 (c. 37) and section 32, and paragraph 16(1) of and Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00038]: As defined in Part 4 of Schedule 9 (Protection of Railway Interests).

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

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

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

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

[^f00043]: Inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

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

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

[^f00046]: 1978 c. 30. Section 7 was amended by paragraph 19 of Schedule 10 to the Road Traffic Regulation Act 1984 (c. 27).

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

[^f00048]: 1974 c. 40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), Schedule 15 to the Environmental Protection Act 1990 (c. 43) and Schedule 24 to the Environment Act 1995 (c. 25).

[^f00049]: 1973 c. 26.

[^f00050]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27).

[^f00051]: 1991 c. 56.

[^f00052]: 1993 c. 43.

[^f00053]: 2006 c. 46.

[^f00054]: 1991 c. 59.

[^f00055]: S.I. 2015/318.

[^f00056]: 2004 c. 20.

[^f00057]: 2008 c. 29.

[^f00058]: 2009 c. 23.

[^f00059]: S.I. 2017/13.

[^f00060]: 2006 c. 16.

[^f00061]: S.I. 2016/765.

[^f00062]: S.I. 2002/1355.

[^f00063]: 2004 c. 20.

[^f00064]: 2008 c. 29.

[^f00065]: 2009 c. 23.

[^f00066]: S.I. 2017/13.

[^f00067]: S.I. 2017/1012.

[^f00068]: S.I. 2016/765.

[^f00069]: S.I. 2002/1355.

[^f00070]: 1996 c. 23.

Aviation safety

Editorial notes

[^key-84c341ba0d31d5c29b72612d1f2cc5e1]: Art. 1 in force at 3.8.2023, see art. 1

[^key-ff3081ad7f3d0ce1ab18fb688f4eea53]: Art. 2 in force at 3.8.2023, see art. 1

[^key-15da534cc1e138b3ec890c063d9b313d]: Art. 3 in force at 3.8.2023, see art. 1

[^key-1f1e8a9fb12aced8a64342cbb4a72ea8]: Art. 4 in force at 3.8.2023, see art. 1

[^key-ea4266592476147fa2c9b7ad0e7a251b]: Art. 5 in force at 3.8.2023, see art. 1

[^key-1ba3ca8ad842e338e93fce0a2b44e0c2]: Art. 6 in force at 3.8.2023, see art. 1

[^key-df06804765e5ce706396d1ff8a0bbd1d]: Art. 7 in force at 3.8.2023, see art. 1

[^key-d4b3245a5c2ed72e9c7119ab7f74519b]: Art. 8 in force at 3.8.2023, see art. 1

[^key-294378c0c10b738c59839b1c50a70a81]: Art. 9 in force at 3.8.2023, see art. 1

[^key-30cf9fd2ebc4bdf2f51bc9d0f3698615]: Art. 10 in force at 3.8.2023, see art. 1

[^key-f5b5a57385dd576c422b1237fa4eb7fb]: Art. 11 in force at 3.8.2023, see art. 1

[^key-a892bd38d626b9119773fc641fd4d199]: Art. 12 in force at 3.8.2023, see art. 1

[^key-9aa8d2a387b48a038d43064974934296]: Art. 13 in force at 3.8.2023, see art. 1

[^key-fc722396db683a18b4853514e51cdb94]: Art. 14 in force at 3.8.2023, see art. 1

[^key-f4216abcfc98480c5cc9de441efbd54d]: Art. 15 in force at 3.8.2023, see art. 1

[^key-b4ba098a66d9a52a8797ae31a228eff7]: Art. 16 in force at 3.8.2023, see art. 1

[^key-a6592e11f1e829632245a908320b4796]: Art. 17 in force at 3.8.2023, see art. 1

[^key-ea20381d0f62055c1da9c3a52a69c112]: Art. 18 in force at 3.8.2023, see art. 1

[^key-eab6c3b08824df0951a787f4392412f8]: Art. 19 in force at 3.8.2023, see art. 1

[^key-c11ed2863867969b01deb42fe3e538d9]: Art. 20 in force at 3.8.2023, see art. 1

[^key-d4b61d40917b2efc11927c18804a1bb9]: Art. 21 in force at 3.8.2023, see art. 1

[^key-9ec1a0e889ecd9442f90e2353d08f859]: Art. 22 in force at 3.8.2023, see art. 1

[^key-4d2ee4abfd941e652345497880e98157]: Art. 23 in force at 3.8.2023, see art. 1

[^key-8a45327f67ce50fc5144bb1ae34356b0]: Art. 24 in force at 3.8.2023, see art. 1

[^key-a999f9f983c126bbf27ff7f36792d1e3]: Art. 25 in force at 3.8.2023, see art. 1

[^key-46b435fc6be9f1fb18ea140a7d17a020]: Art. 26 in force at 3.8.2023, see art. 1

[^key-01cea3a351944120c7cc0d1dc325d35b]: Art. 27 in force at 3.8.2023, see art. 1

[^key-5405301a5d907f01505be3835f46224a]: Art. 28 in force at 3.8.2023, see art. 1

[^key-0519cac19a3f5ccbc2ca8dde3ec5cdfa]: Art. 29 in force at 3.8.2023, see art. 1

[^key-6e307e4a9c301d547e1f1d770a78f716]: Art. 30 in force at 3.8.2023, see art. 1

[^key-7b86d03e10cc0b0d0acde893ef0c25c9]: Art. 31 in force at 3.8.2023, see art. 1

[^key-c38b09aa781155db9944571b59b4e0a9]: Art. 32 in force at 3.8.2023, see art. 1

[^key-395abbc942928973aca904a9968426a1]: Art. 33 in force at 3.8.2023, see art. 1

[^key-9cb4cf35869ff163e156c9893603c8b4]: Art. 34 in force at 3.8.2023, see art. 1

[^key-b2fe3bd4900477acaf0f85c45eeb4220]: Art. 35 in force at 3.8.2023, see art. 1

[^key-5b20275c168c700dae39ccca775a9514]: Art. 36 in force at 3.8.2023, see art. 1