Legalize / United Kingdom / Statutory-Instrument

The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

Type Statutory-Instrument

Publication 2024-04-17

Last updated 2025-02-07

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) The undertaker must pay to National Highways a sum equal to the whole of any costs and expenses which National Highways reasonably incurs (including costs and expenses for using internal or external staff and costs relating to any work which becomes abortive) in relation to the specified works, and in relation to any approvals sought under this Order, or otherwise incurred under this Part including—

(a) the checking and approval of the information required under paragraph 7(1);

(b) the supervision of the specified works;

(d) all costs in relation to the transfer of any land required for the specified works;

(e) all legal and administrative costs and disbursements incurred by National Highways in connection with the specified works and sub-paragraphs ‎(a) to (d); and

(f) any value added tax which is payable by National Highways only in respect of such costs and expenses arising under this paragraph and for which it cannot obtain reinstatement from HM Revenue and Customs;

together comprising “the NH costs”.

(2) National Highways must within 14 days of receipt of the information pursuant to sub- paragraph 5(1) provide the undertaker with a schedule showing its estimate of the NH costs.

(3) The undertaker must within 30 days of receipt of the notice pursuant to sub-paragraph ‎(2) pay to National Highways the estimate of the NH costs.

(4) If at any time after the payment referred to in sub-paragraph ‎(3) has become payable, National Highways reasonably believes that the NH costs will exceed the estimated NH costs notified pursuant to sub-paragraph ‎(2) it may give notice to the undertaker of the amount that it believes the NH costs will exceed the estimate (“the excess”).

(5) The undertaker must within 30 days of receipt of the notification pursuant to sub-paragraph (4) pay to National Highways an amount equal to the excess.

(6) National Highways must give the undertaker a final account of the NH costs referred to in sub-paragraph ‎(1) above as a fully itemised invoice within 30 days of the issue of the provisional certificate issued pursuant to paragraph 10(4).

(7) Within 30 days of the issue of the final account—

(a) if the final account shows a further sum as due to National Highways the undertaker must pay to National Highways the sum shown due to it; and

(b) if the account shows that the payment or payments previously made by the undertaker have exceeded the costs incurred by National Highways, National Highways must refund the difference to the undertaker.

(8) The undertaker must pay to National Highways within 30 days of receipt and prior to such costs being incurred the total costs that National Highways believe will be properly and necessarily incurred by National Highways in undertaking any statutory procedure or preparing and bringing into force any traffic regulation order or orders necessary to carry out or for effectively implementing the specified works.

Provisional certificate

10

(1) Following any closure or partial closure of any of the strategic road network for the purposes of carrying out the specified works, National Highways will carry out a site inspection to satisfy itself that the strategic road network is, in its opinion, safe for traffic and the undertaker must comply with any requirements of National Highways prior to reopening the strategic road network.

(2) As soon as the undertaker considers that the provisional certificate may be properly issued it must apply to National Highways for the provisional certificate.

(3) Following an application for a provisional certificate, National Highways must as soon as reasonably practicable—

(a) inspect the specified works; and

(b) provide the undertaker with a written list of works that are required for the provisional certificate to be issued or confirmation that no further works are required for this purpose.

(4) When—

(a) a stage 3 road safety audit for the specified works has been carried out and all recommendations raised including remedial works have (subject to any exceptions agreed) been approved by National Highways;

(b) the specified works incorporating the approved remedial works under sub-paragraph (4)(a) and any further works notified to the undertaker pursuant to sub-paragraph 10(3)(b) have been completed to the satisfaction of National Highways;

(d) the undertaker has paid the commuted sum to National Highways, National Highways must issue the provisional certificate.

(5) On the issue of the provisional certificate the bond sum shall be reduced to 20% of the total bond sum save insofar as any claim or claims have been made against the bond before that date in which case National Highways will retain a sufficient sum to ensure it does not have to meet any costs for or arising from the specified works.

(6) The undertaker must submit a stage 4 road safety audits as required by and in line with the timescales stipulated in the road safety audit standard. The undertaker must comply with the findings of the stage 4 road safety audit and must pay all costs of and incidental to such and provide updated as-built information to National Highways.

Opening

11

The undertaker must notify National Highways not less than 56 days in advance of the intended date of opening to the public of the strategic road network and the undertaker must notify National Highways of the actual date the strategic road network will be opened to the public within 14 days of that date.

Final condition survey

12

(1) The undertaker must as soon as reasonably practicable after making its application for a provisional certificate pursuant to paragraph 10(2), arrange for the highways structures and assets that were the subject of the condition survey to be re-surveyed and must submit the re- survey to National Highways for its approval. The re-survey will include a renewed geotechnical assessment required by DMRB CD622 if the specified works include any works beneath the strategic road network.

(2) If the re-surveys carried out pursuant to sub-paragraph 12(1) indicates that any damage has been caused to a structure or asset, the undertaker must submit a scheme for remedial works in writing to National Highways for its approval in writing, and the undertaker must carry out the remedial works at its own cost and in accordance with the scheme submitted.

(3) If the undertaker fails to carry out the remedial work in accordance with the approved scheme, National Highways may carry out the steps required of the undertaker and may recover any expenditure it reasonably incurs in so doing.

(4) National Highways may, at its discretion, at the same time as giving its approval to the re- surveys pursuant to sub-paragraph 12(1) give notice in writing that National Highways will remedy any damage identified in the re-surveys and National Highways may recover any expenditure it reasonably incurs in so doing.

(5) The undertaker must make available to National Highways upon request copies of any survey or inspection reports produced pursuant to any inspection or survey of any specified work following its completion that the undertaker may from time to time carry out.

Defects period

13

(1) The undertaker must at its own expense remedy any defects in the strategic road network as are reasonably required by National Highways to be remedied during the defects period. All identified defects must be remedied in accordance with the following timescales—

(a) in respect of matters of urgency, within 24 hours of receiving notification for the same (urgency to be determined at the absolute discretion of National Highways);

(b) in respect of matters which National Highways considers to be serious defects or faults, within 14 days of receiving notification of the same; and

(2) Following the expiry of the defects period National Highways has responsibility for routine maintenance of the strategic road network save for any soft landscaping works which must be established and which must thereafter be maintained for a period of 3 years by and at the expense of the undertaker.

Final certificate

14

(1) The undertaker must apply to National Highways for the final certificate no sooner than 12 months from the date of the provisional certificate.

(2) Following receipt of the application for the final certificate, National Highways must as soon as reasonably practicable—

(a) inspect the strategic road network; and

(b) provide the undertaker with a written list of any further works required to remedy or make good any defect or damage in the strategic road network or confirmation that no such works are required for this purpose.

(3) The undertaker must carry out such works notified to it pursuant to sub-paragraph 14(2).

(4) When National Highways is satisfied that—

(a) any defects or damage arising from defects during the defects period and any defects notified to the undertaker pursuant to sub-paragraph 14(2) and any remedial works required as a result of the stage 4 road safety audit have been made good to the satisfaction of National Highways; and

(b) the NH costs have been paid to National Highways in full;

(5) The undertaker must pay to National Highways within 28 days of demand the costs reasonably incurred by National Highways in identifying the defects and supervising and inspecting the undertaker’s work to remedy the defects that it is required to remedy pursuant to these provisions.

Security

15

(1) The specified works must not commence until—

(a) the undertaker procures that the specified works are secured by a bond from a bondsman first approved by National Highways in the agreed form between the undertaker and National Highways to indemnify National Highways against all losses, damages, costs or expenses arising from any breach of any one or more of the obligations of the undertaker in respect of the exercise of the powers under this Order and the specified works under the provisions of this Part of this Schedule provided that the maximum liability of the bond must not exceed the bond sum; and

(b) the undertaker has provided the cash surety which may be utilised by National Highways in the event of the undertaker failing to meet its obligations to make payments under paragraph 9 or to carry out works the need for which arises from a breach of one or more of the obligations of the undertaker under the provisions of this Part of this Schedule.

Commuted sums

16

(1) National Highways must provide to the undertaker an estimate of the commuted sum, calculated in accordance with FS Guidance S278 Commuted Lump Sum Calculation Method dated 18 January 2010 or any successor guidance, prior to the commencement of the specified works.

(2) The undertaker must pay to National Highways the commuted sum prior to the issue of the provisional certificate.

Insurance

17

Prior to the commencement of the specified works the undertaker must effect public liability insurance with an insurer in the minimum sum of £10,000,000.00 (ten million pounds) in respect of any one claim against any legal liability for damage loss or injury to any property or any person as a direct result of the execution of specified works or use of the strategic road network by the undertaker.

Indemnity

18

The undertaker fully indemnifies National Highways from and against all costs, claims, expenses, damages, losses and liabilities suffered by National Highways arising from the construction, maintenance or use of the specified works or exercise of or failure to exercise any power under this Order within 30 days of demand save for any loss arising out of or in consequence of any negligent act or default of National Highways.

Maintenance of the specified works

19

(1) The undertaker must, prior to the commencement of any works of maintenance to the specified works, give National Highways 28 days’ notice in writing of the date on which those works will start unless otherwise agreed by National Highways, acting reasonably.

(2) If, for the purposes of maintaining the specified works, the undertaker needs to occupy any road space, the undertaker must comply with National Highways’ road space booking requirements and no maintenance of the specified works for which a road space booking is required shall commence without a road space booking having first been secured.

(3) The undertaker must comply with any requirements that National Highways may notify to the undertaker, such requirements to be notified to the undertaker not less than 7 days in advance of the planned commencement date of the maintenance works.

(4) The provisions of paragraph 11 shall apply to the opening of any part of the strategic road network following occupation of any road space under this paragraph.

Land

20

(1) The undertaker must not under the powers of this Order—

(a) acquire or use land forming part of;

(b) acquire new or existing rights over; or

any of the strategic road network, or extinguish any existing rights of National Highways in respect of any third party property, except with the consent of National Highways by written request tolegalservicesteam@nationalhighways.co.uk.

Expert Determination

21

(1) Article 42 (arbitration) of the Order does not apply to this Part of this Schedule.

(2) Any difference under this Part of this Schedule may be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers.

(3) On notification by either party of a dispute, the parties must jointly instruct an expert within 14 days of notification of the dispute.

(4) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date that an expert is appointed.

(5) The expert must—

(a) invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 7 days of the expert’s appointment;

(b) permit a party to comment on the submissions made by the other party within 7 days of receipt of the submission;

(d) give reasons for the decision.

(6) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 42 (arbitration).

(7) The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.

PART 14 — For the protection of Perenco North Sea Limited

Application

1

For the protection of Licensee the following provisions have effect, unless otherwise agreed in writing between the undertaker and Licensee.

Interpretation

2

In this Part of this Schedule—

“facilities proximity area” means an obstacle-free area comprising a cylinder with a horizontal radius of one point two six nautical miles (1.26nm) extending from the centre of the existing Waveney platform located within the Licence and extending vertically from mean sea level;

“Licence” means United Kingdom Petroleum Production Licence P.780 Block 48/17c;

“Licensee” means the licensee from time to time of the Licence, who at the date hereof is Perenco;

“line of sight” the line of sight communications link from the existing Waveney platform located within the Licence to/from any other installation and/or to/from any onshore control room together with any associated infrastructure, equipment, software, systems, circuits, channels and licenses;

“Perenco” means Perenco North Sea Limited (company number SC293676) registered at C/O Dwf Llp, 2 Semple Street, Edinburgh, Scotland, EH3 8BL;

“pipeline” means the 8-inch (8”) diameter gas pipeline with pipeline reference number PL- 2555 connecting the Durango well to the Waveney platform located within the Licence, together with any associated umbilicals, plant and equipment serving that pipeline;

“pipeline proximity area” means the area five hundred (500) metres either side and directly above the pipeline; and

“specified works” means any works comprised within the authorised development, including temporary surface infrastructure, which are—within the pipeline proximity area;relate to any part of the authorised development; andwhich would or may in any way adversely affect the pipeline or Licensee’s access to the pipeline,

but excluding works for the construction of wind turbine generators or offshore substation platforms.

Works affecting the facilities

3

(1) The undertaker must not construct, or carry out any works to install any wind turbine generators or offshore substation platforms within the pipeline proximity area or within the facilities proximity area or to adversely affect the line of sight.

(2) No specified works are to be commenced until the undertaker and the Licensee have entered into a pipeline proximity agreement substantially in the form published by Offshore Energies UK (October 2015 edition).

Cooperation

4

The undertaker and the Licensee must each act in good faith and use reasonable endeavours to cooperate with, and provide assistance to, each other as may be required to give effect to the provisions of this Schedule.

SCHEDULE 15 — 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 four months from the date the Arbitrator is appointed pursuant to article 42 (arbitration) of the Order.

(2) The Parties will 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 20 business 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 is 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 days and include weekends, but not bank or 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 the Arbitrator’s 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 14 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, the amount of its claim and/or 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 14 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 7 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;

(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 parties’ pleadings, witness statements and expert reports (if any) must be concise. No single pleading is to exceed 30 single-sided A4 pages using 10pt Arial font.

(2) 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.

(3) 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.

(4) Within 7 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.

(5) Within 10 days of the Arbitrator advising the parties that he is to hold a hearing, the date and venue for the hearing must be fixed by agreement with the parties, save that if there is no agreement the Arbitrator must direct a date and venue which he considers 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.

(6) 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.

(7) 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 28 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 14 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 7 days before the hearing.

(8) Within 14 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.

(9) 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 four months of the date on which they are appointed, unless both parties otherwise agree to an extension to the date for the award.

(10) 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.

(11) The Arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given are 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[^f00057], including the non-mandatory sections, save where modified by these Rules.

(2) There must 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 must 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) Where the difference involves connected/interrelated issues, the Arbitrator must consider the relevant costs collectively.

(3) The final award must fix the costs of the arbitration and decide which of the parties must bear them or in what proportion they are to be borne by the parties.

(4) The Arbitrator must award recoverable costs on the general principle that costs follow the event, having regard to all material circumstances, including such matters as exaggerated claims and/or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.

Confidentiality

7

(1) Subject to sub-paragraphs ‎(2), ‎(3) and ‎(4), any arbitration hearing and documentation shall be open to and accessible by the public.

(2) Where the Arbitration relates to a dispute or difference under the provisions of Schedule 17, the hearings must take place in private unless otherwise agreed between the parties and any matters, materials, documents, awards, expert reports and the like are confidential and must not be disclosed to any third party without prior written consent of the other party.

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

(4) 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 16 — Hedgerows

PART 1 — Removal of Hedgerows

(1) Area	(2) Reference of hedgerow
District of South Norfolk	The hedgerow marked H0010 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0014 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0022 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0025 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0027 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0028 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0033 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0040 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0046 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0048 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0049 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0051 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0053 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0054 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0063 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0075 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0077 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0078 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0118 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0128 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0133 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0134 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0135 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0138 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0152 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0176 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0184 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0185 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0188 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0191 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0192 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0194 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0199 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0203 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0204 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0205 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0213b on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0215 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0217 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0218 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0231 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0234 on the tree preservation order and hedgerow plan

PART 2 — Removal of potentially important hedgerows

(1) Area	(2) Reference of hedgerow
District of North Norfolk	The hedgerow marked HR023 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked HR024 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0030 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked HR036 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked HR0128a on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked HR0128b on the tree preservation order and hedgerow plan

PART 3 — Removal of important hedgerows

(1) Area	(2) Reference of hedgerow
District of South Norfolk	The hedgerow marked H0001 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0002 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0004 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0005 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0011 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0012 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0013 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0015 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0016 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0017 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0020 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0021 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0029 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0031 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0032 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0034 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0037 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0038 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0039 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0042 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0043 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0047 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0050 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0052 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0055 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0056 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0057 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0058 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0068 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0073 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0083 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0084 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0085 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0086 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0087 on the tree preservation order and hedgerow plan
District of South Norfolk	The hedgerow marked H0091 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0093 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0094 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0097 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0098 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0101 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0102 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0103b on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0104 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0105 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0106 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0108 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0109 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0110 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0111 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0111 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0112 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0113 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0114 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0124 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0125 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0126 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0127 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0130 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0131 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0136 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0137 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0139 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0140 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0151 on the tree preservation order and hedgerow plan
District of Broadland	The hedgerow marked H0155 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0165 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0166 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0167 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0172 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0173 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0174 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0175 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0177 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0178 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0179 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0180 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0182 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0186 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0187 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0189 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0190 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0195 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0206 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0208 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0210 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0216 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0219 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0220 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0221 on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0222b on the tree preservation order and hedgerow plan
District of North Norfolk	The hedgerow marked H0233 on the tree preservation order and hedgerow plan

SCHEDULE 17 — Compensation Measures

PART 1 — North Norfolk Coast Special Protection Area / Greater Wash Special Protection Area: Delivery of measures to compensate for sandwich tern loss

1

In this Part—

“Defra” means the Department for Environment, Food and Rural Affairs;

“the GW” means the site designated as the Greater Wash Special Protection Area;

“the NNC” means the site designated as the North Norfolk Coast Special Protection Area;

“Sandwich Tern Compensation Plan” means the relevant principles for Sandwich tern compensation set out in the document certified as the habitats regulations derogation provision of evidence, annex 2A - outline sandwich tern compensation implementation and monitoring plan for the purposes of this Order under article 37 (certification of plans and documents, etc.);

“Sandwich Tern CIMP” means the Sandwich tern compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult Sandwich tern from the NNC and GW as a result of the authorised development;

“the Strategic Compensation Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic compensation measures; and

“STCSG” means the Sandwich Tern Compensation Steering Group;

2

The offshore works may not be commenced until a plan for the work of the STCSG has been submitted to and approved by the Secretary of State following consultation with the members of the STCSG. Such plan must include—

(a) terms of reference for the STCSG;

(b) details of the membership of the STCSG;

(c) details of the schedule of meetings, timetable for preparation of the Sandwich Tern CIMP and reporting and review periods; and

(d) the dispute resolution mechanism.

3

Following consultation with the STCSG the Sandwich Tern CIMP must be submitted to the Secretary of State for approval, in consultation with the local planning authority, the MMO, Marine Scotland (where relevant) and the relevant statutory nature conservation body.

4

(1) The Sandwich Tern CIMP must be based on the strategy for Sandwich tern compensation set out in the Sandwich Tern Compensation Plan and include the details set out in the paragraphs below.

(2) For the nesting habitat improvements and restoration of lost breeding range measures—

(a) details of where compensation measures will be delivered and the suitability of the site to deliver the measures;

(b) details of landowner agreements and sea bed access agreements, if relevant, demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the Sandwich Tern CIMP;

(c) details of the design of nesting habitat improvements and restoration of lost breeding range measures including how risks from avian or mammalian predation and unauthorised human access will be mitigated;

(d) an implementation timetable for the delivery of the nesting habitat improvements and restoration of lost breeding range measures that ensures all compensation measures are in place at least two years prior to the operation of any turbine forming part of the authorised development;

(e) details of the maintenance schedule for the measures;

(f) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures;

(g) provision for reporting to the Secretary of State, to include details of the use of the nesting habitat improvements by breeding Sandwich tern to identify barriers to success and target any adaptive management measures;

(h) minutes from all consultations with the STCSG;

(i) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the nesting habitat improvements and restoration of lost breeding range compensation measure or as an adaptive management measure for the purposes of paragraphs ‎4 ‎(2)‎(f) and ‎(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with the STCSG;

(j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the nesting habitat improvements and restoration of lost breeding range compensation measure or as an adaptive management measure for the purposes of paragraphs 4‎(2)‎(f) and ‎(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the other party in consultation with the STCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(k) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of compensation measures wholly or partly in substitution for the nesting habitat improvements and restoration of lost breeding range compensation measure or as an adaptive management measure for the purposes of paragraphs 4‎(2)‎(f) and ‎(g) of this Part of this Schedule. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph.

(3) For the measures to improve breeding success at SPA sites other than the NNC—

(a) details of where compensation measures will be delivered and the suitability of the site to deliver the measures;

(b) details of landowner agreements, if relevant, demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the Sandwich Tern CIMP;

(c) details of the design of the measures including how risks from avian or mammalian predation and unauthorised human access will be mitigated;

(d) an implementation timetable for the delivery of the measures that ensures all compensation measures are in place prior to the operation of any turbine forming part of the authorised development;

(e) details of the maintenance schedule for the compensation measures;

(f) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures;

(g) provision for reporting to the Secretary of State, to include details of the use of the measures by breeding Sandwich tern to identify barriers to success and target any adaptive management measures;

(h) minutes from all consultations with the STCSG;

(i) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the measures to improve breeding success at SPA sites other than the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(2)(f) and ‎(2)(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with the STCSG;

(j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the measures to improve breeding success at SPA sites other than the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(2)(f) and ‎(2)(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the party delivering the measures, in consultation with the STCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(k) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of compensation measures wholly or partly in substitution for the measures to improve breeding success at SPA sites other than the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(2)(f) and ‎(2)(g) of this Part of this Schedule. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph.

(4) For the predator management measure at the NNC—

(a) details of the scale and location where the compensation measures will be delivered;

(b) details of landowner agreements, if relevant, demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the Sandwich Tern CIMP;

(d) an implementation timetable for the delivery of the measures that ensures the compensation measures are in place prior to the operation of any turbine forming part of the authorised development;

(e) details of the maintenance schedule for the compensation measures;

(f) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures;

(g) provision for reporting to the Secretary of State, to include details of the effectiveness of the measures in improving the success of breeding Sandwich tern to identify barriers to success and target any adaptive management measures;

(h) minutes from all consultations with the STCSG;

(i) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the predator management measure at the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(3)(f) and ‎(3)(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with the STCSG;

(j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the predator management measure at the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(3)(f) and ‎(3)(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the party delivering the measures, in consultation with the STCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(k) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of compensation measures wholly or partly in substitution for the predator management measure at the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(3)(f) and ‎(3)(g) of this Part of this Schedule. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph.

5

The undertaker shall not be required to undertake the nesting habitat improvements and the restoration of lost breeding range measures, the measures to improve breeding success at SPA sites other than the NNC, or the predator management measures to the extent that—

(a) following consent of the Secretary of State, a contribution to the Strategic Compensation Fund has been elected wholly in substitution for the nesting habitat improvements and restoration of lost breeding range measures for the purposes of paragraph ‎4(2)(i) of this Part of this Schedule, or in substitution for the measures to improve breeding success at SPA sites other than the NNC for the purposes of paragraph ‎4(2)(i) of this Part of this Schedule, or in substitution for the predator management measures for the purposes of paragraph ‎4(3)(i) of this Part of this Schedule;

(b) following consent of the Secretary of State, a financial contribution towards the establishment of compensation measures by another party has been elected wholly in substitution for the nesting habitat improvements and restoration of lost breeding range for the purposes of paragraph ‎4(2)(j) of this Part of this Schedule, or in substitution for the measures to improve breeding success at SPA sites other than the NNC for the purposes of paragraph ‎4(2)(j) of this Part of this Schedule, or in substitution for the predator management measures for the purposes of paragraph ‎4(3)(j) of this Part of this Schedule; or

(c) following consent of the Secretary of State, the undertaker has elected to collaborate with another party in the delivery of compensation measures wholly in substitution for the nesting habitat improvements and restoration of lost breeding range measures for the purposes of paragraph ‎4(2)(k) of this Part of this Schedule, or in substitution for the measures to improve breeding success at SPA sites other than the NNC for the purposes of paragraph ‎4(2)(k) of this Part of this Schedule, or in substitution for the predator management measures for the purposes of paragraph ‎4(2)(k) of this Part of this Schedule.

6

The undertaker must implement the measures set out in the Sandwich Tern CIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the relevant planning authority. In particular, no operation of any turbine forming part of the authorised development may begin until at least two years after the measures set out in the Sandwich Tern CIMP have been implemented.

7

The undertaker shall notify the Secretary of State of completion of implementation of the measures set out in the Sandwich Tern CIMP.

8

Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the STCSG, including the relevant statutory nature conservation body. This must include details of the effectiveness of such measures. If the undertaker or, on receipt of the report, the Secretary of State, determines that the measures have been ineffective the undertaker must provide 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.

9

The compensation measures implemented in accordance with the Sandwich Tern CIMP must not be decommissioned without written approval of the Secretary of State in consultation with the relevant statutory nature conservation body.

10

The Sandwich Tern CIMP 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 Sandwich Tern CIMP must be in accordance with the principles set out in the Sandwich Tern 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 Sandwich Tern Compensation Plan.

11

In the event of any conflict of inconsistency between the terms of the Sandwich Tern CIMP and the provisions of this Order, the provisions of this Order shall prevail.

PART 2 — Flamborough and Filey Coast Special Protection Area: Delivery of measures to compensate for kittiwake loss

12

In this Part—

“Defra” means the Department for Environment, Food and Rural Affairs;

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

“Kittiwake CIMP” 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;

“Kittiwake Compensation Plan” means the relevant principles for kittiwake compensation set out in the document certified as the annex 3A - outline kittiwake compensation implementation and monitoring plan for the purposes of this Order under article 37 (certification of plans and documents, etc.);

“KCSG” means the Kittiwake Compensation Steering Group;

“Strategic Compensation Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic compensation measures;

13

The offshore works may not be commenced until a plan for the work of the KCSG has been submitted to and approved by the Secretary of State following consultation with the members of the KCSG. Such plan must include—

(a) terms of reference for the KCSG;

(b) details of the membership of the KCSG;

(c) details of the schedule of meetings, timetable for preparation of the Kittiwake CIMP and reporting and review periods; and

(d) the dispute resolution mechanism.

14

Following consultation with the KCSG the Kittiwake CIMP must be submitted to the Secretary of State for approval, in consultation with the local planning authority or authorities for the land containing the artificial nest site improvements, and the relevant statutory nature conservation body.

15

The Kittiwake CIMP must be based on the strategy for kittiwake compensation set out in the Kittiwake Compensation Plan and include—

(a) details of where artificial nest site improvements compensation measures will be delivered and the suitability of the site to deliver the measures;

(b) details of landowner agreements, if relevant, demonstrating how rights will be obtained to install and maintain the measures at the site(s) and assurances that the land management will deliver the ecology objectives of the Kittiwake CIMP;

(c) details of the design of the artificial nest site improvements, including how risks from avian or mammalian predation and unauthorised human access will be mitigated;

(d) an implementation timetable for the delivery of artificial nest site improvements that ensures all compensation measures are in place to allow three full kittiwake breeding seasons prior to the operation of any turbine forming part of the authorised development;

(e) details of the maintenance schedule for the artificial nest site improvements;

(f) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures;

(g) provision for reporting to the Secretary of State, to include details of the use of the nest sites by breeding kittiwake to identify barriers to success and target any adaptive management measures;

(h) minutes from all consultations with the KCSG;

(i) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of state, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the artificial nest site improvements compensation measure or as an adaptive management measure for the purposes of paragraphs ‎155‎(f) and ‎(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with the KCSG;

(j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the artificial nest site improvements compensation measure or as an adaptive management measure for the purposes of paragraphs ‎155‎(f) and ‎(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the other party in consultation with the KCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(k) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of compensation measures wholly or partly in substitution for the artificial nest site improvements compensation measure or as an adaptive management measure for the purposes of paragraphs ‎155‎(f) and ‎(g) of this Part of this Schedule. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph.

16

The undertaker shall not be required to undertake the artificial nest site improvements compensation measure to the extent that—

(a) following consent of the Secretary of State, a contribution to the Strategic Compensation Fund has been elected wholly in substitution for the artificial nest site improvements compensation measure for the purposes of paragraph ‎15(i) of this Part of this Schedule;

(b) following consent of the Secretary of State, a financial contribution towards the establishment of compensation measures by another party has been elected wholly in substitution for the artificial nest site improvements compensation measure for the purposes of paragraph (‎15(j) of this Part of this Schedule; or

(c) following consent of the Secretary of State, the undertaker has elected to collaborate with another party in the delivery of compensation measures wholly in substitution for the artificial nest site improvements compensation measure for the purposes of paragraph ‎15(k) of this Part of this Schedule.

17

The undertaker must implement the measures set out in the Kittiwake CIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the relevant planning authority. In particular, no operation of any turbine forming part of the authorised development may begin until three full breeding seasons following the implementation of the measures set out in the Kittiwake CIMP have elapsed. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 March in each year and ended on 31 August.

18

The undertaker shall notify the Secretary of State of completion of implementation of the measures set out in the Kittiwake CIMP.

19

Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the KCSG, including the relevant statutory nature conservation body. This must include details of the effectiveness of such measures. If the undertaker or, on receiving the report, the Secretary of State determines that the measures have been ineffective the undertaker must provide 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.

20

The compensation measures implemented under the Kittiwake CIMP must not be decommissioned without written approval of the Secretary of State in consultation with relevant statutory nature conservation body.

21

The Kittiwake CIMP 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 Kittiwake CIMP 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.

22

In the event of any conflict or inconsistency between the terms of the Kittiwake CIMP and the provisions of this Order, the provisions of this Order shall prevail.

PART 3 — Flamborough and Filey Coast Special Protection Area: Delivery of measures to compensate for guillemot loss

23

In this Part—

“Defra” means the Department for Environment, Food and Rural Affairs;

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

“Guillemot CIMP” 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;

“Guillemot Compensation Plan” means the relevant principles for guillemot compensation set out in the document certified as the Habitats Regulations Derogation Provision of Evidence, Annex 4A Outline Guillemot Compensation Implementation and Monitoring Plan for the purposes of this Order under article 37 (Certification of plans and documents, etc.);

“GCSG” means the Guillemot Compensation Steering Group; and

“the Strategic Compensation Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic compensation measures;

24

The offshore works may not be commenced until a plan for the work of the GCSG has been submitted to and approved by the Secretary of State following consultation with the members of the GCSG. Such plan must include—

(a) terms of reference for the GCSG;

(b) details of the membership of the GCSG;

(c) details of the schedule of meetings, timetable for preparation of the Guillemot CIMP and reporting and review periods; and

(d) the dispute resolution mechanism.

25

Following consultation with the GCSG the Guillemot CIMP must be submitted to the Secretary of State for approval, in consultation with the GCSG and the relevant statutory nature conservation body.

26

The Guillemot CIMP must be based on the strategy for guillemot compensation set out in the Guillemot Compensation Plan and include—

(a) details of relevant technology supply agreements and arrangements with fishers to use the bycatch reduction technology that will be or have been secured by the undertaker;

(b) an implementation timetable for provision of the bycatch reduction measure(s), such timetable to ensure that contract(s) are entered into with fishers for the provision and use of bycatch reduction technology no later than one year prior to the operation of any turbine forming part of the authorised development;

(d) minutes from all consultations with the GCSG;

(e) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures;

(f) provision for reporting to the Secretary of State, to identify barriers to success and target any adaptive management measures;

(g) provision for the option to be exercised by undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the bycatch reduction measures or as an adaptive management measure for the purposes of paragraphs ‎266‎(e) and ‎(f) of this Part of this Schedule The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with GCSG;

(h) provision for the option to be exercised, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the bycatch reduction measures or as an adaptive management measure for the purposes of paragraphs 26‎(e) and ‎(f) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the other party in consultation with the GCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(i) provision for the option to be exercised, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of bycatch reduction measures wholly or partly in substitution for the compensation measure or as an adaptive management measure for the purposes of paragraphs 26‎(e) and ‎(f) of this Part of this Schedule. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph.

27

The undertaker shall not be required to undertake the bycatch reduction compensation measure to the extent—

(a) following consent of the Secretary of State that a contribution to the Strategic Compensation Fund has been elected wholly in substitution for the bycatch reduction compensation measure for the purposes of paragraphs ‎26(i) or 26(g) of this Part of this Schedule;

(b) following consent of the Secretary of State a financial contribution towards the establishment of compensation measures by another party has been elected wholly in substitution for the bycatch reduction compensation measure for the purposes of paragraphs 26(j) or ‎26(h) of this Part of this Schedule; or

(c) following consent of the Secretary of State the undertaker has elected to collaborate with another party in the delivery of compensation measures wholly in substitution for the bycatch reduction compensation measure for the purposes of paragraphs 26(k) or 26(i) of this Part of this Schedule.

28

The undertaker must carry out the measures set out in the Guillemot CIMP approved by the Secretary of State unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body. In particular, no operation of any turbine forming part of the authorised development may begin until at least one year after the measures set out in the Guillemot CIMP have been implemented.

29

The undertaker shall notify the Secretary of State of completion of the measures as set out in the Guillemot CIMP.

30

Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the members of the CGSG, including the relevant statutory nature conservation body. This must include details of the effectiveness of such measures. If the undertaker or, on receipt of the report, the Secretary of State determines that the measures have been ineffective the undertaker must provide 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.

31

The Guillemot CIMP 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 Guillemot CIMP must be in accordance with the principles set out in the Guillemot 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 Guillemot Compensation Plan.

32

In the event of any conflict or inconsistency between the terms of the Guillemot CIMP and the provisions of this Order, the provisions of this Order shall prevail.

PART 4 — Measures of equivalent environmental benefit

33

In this Part—

“Defra” means the Department for Environment, Food and Rural Affairs;

“the Cromer Shoal Chalk Beds MCZ” means the Marine Conservation Zone designated by the Secretary of State under the Cromer Shoal Chalk Beds Marine Conservation Zone Designation Order 2016;

“in-principle MEEB plan” means the document certified as the in-principle MEEB plan by the Secretary of State for the purposes of this Order under article 37 (certification of plans and documents etc);

“licenced activities” means the activities licenced by the deemed marine licence granted either under Schedule 12 or Schedule 13 of this Order;

“MEEB steering group” means the steering group who will shape and inform the scope and delivery of the MIMP;

“MIMP” means the MEEB implementation and monitoring plan to be submitted to and approved by the Secretary of State in accordance with paragraph 35 below; and

“the Strategic Compensation Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic compensation measures;

“MEEB” means measures of equivalent environmental benefit, as that term is used in section 126(7)(c) of the 2009 Act;

34

The licenced activities may not be commenced until a plan for the work of the MEEB steering group has been submitted to and approved by the Secretary of State. Such plan must include—

(a) terms of reference for the MEEB steering group;

(b) details of the membership of the MEEB steering group;

(d) the dispute resolution mechanism.

35

Following consultation with the MEEB steering group the MIMP must be submitted to the Secretary of State for approval in consultation with the MMO and the relevant statutory nature conservation bodies. The MIMP must be based on the principles set out in the in-principle MEEB plan and include—

(a) details of the location, nature and area of the measures to be delivered, which should equate to no less than 10,000m2 of native oyster bed restoration to deliver equivalent environmental benefit as a result of the predicted effects of the authorised development;

(b) confirmation of any marine licence required in order to implement and maintain the measures;

(c) confirmation of any lease required (if any) from The Crown Estate for the site(s) where the measures are to be delivered;

(d) an implementation timetable for delivery of the oyster bed restoration;

(e) details of management and maintenance arrangements for the oyster bed restoration;

(f) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative measures and/or adaptive management measures;

(g) minutes from all consultations with the MEEB steering group;

(h) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the oyster bed restoration measures of equivalent environmental benefit. The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with the MEEB steering group;

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