The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

• (i) 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 measures of equivalent environmental benefit by another party wholly or partly in substitution for the oyster bed restoration measures of equivalent environmental benefit or as an adaptive management measure for the purposes of paragraphs 5‎(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 MEEB steering group. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

• (j) 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 measures of equivalent environmental benefit wholly or partly in substitution for the oyster bed restoration measures of equivalent environmental benefit or as an adaptive management measure for the purposes of paragraphs ‎35‎(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.

36

No laying of any cables or cable protection works may be commenced within the Cromer Shoal Chalk Beds MCZ until the MIMP has been approved by the Secretary of State.

37

The undertaker shall not be required to undertake the oyster bed restoration measures of equivalent environmental benefit 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 oyster bed restoration measures of equivalent environmental benefit for the purposes of paragraph 35(h) of this Part of this Schedule;

• (b) following consent of the Secretary of State a financial contribution towards the establishment of measures of equivalent environmental benefit by another party has been elected wholly in substitution for the oyster bed restoration measures of equivalent environmental benefit for the purposes of paragraph 35(i) 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 establishment of measures of equivalent environmental benefit by another party has been elected wholly in substitution for the oyster bed restoration measures of equivalent environmental benefit for the purposes of paragraph ‎35(j) of this Part of this Schedule.

38

Subject to paragraph 43 of this Part, the undertaker must implement the measures set out in the MIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory conservation body and the MMO.

39

The undertaker is not required to implement the MIMP if no external cable protection works are required within the Cromer Shoal Chalk Beds MCZ.

40

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

41

Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the members of the MEEB steering group 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.

42

Once the measures have been implemented the undertaker shall provide an annual report to the Secretary of State on the progress of the measures as detailed in the MIMP.

43

The MIMP 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 MIMP must be in accordance with the principles set out in the in-principle MEEB 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 in-principle MEEB plan.

44

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

SCHEDULE 18 — Documents to be certified

The following documents in Table 1 are the list referred to in article 37—

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 — 17th April 2024

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 two offshore generating stations located in the North Sea approximately 13.6km and 24.8km from the Norfolk coast together with associated development. The Order authorises the compulsory purchase of land and 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 farms. 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 37 (certification of plans and documents, etc.) of this Order may be inspected free of charge at the offices of Norfolk County Council, County Hall, Martineau Lane, Norwich, Norfolk, NR1 2DH.

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. 2010/2013, 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) 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]: 2003 c. 21.

[^f00019]: 2004 c. 20.

[^f00020]: 2008 c. 29.

[^f00021]: 2009 c. 23.

[^f00022]: S.I. 2016/1154.

[^f00023]: S.I. 2017/1012.

[^f00024]: S.I. 2022/911.

[^f00025]: Ministerial Order 2016/4.

[^f00026]: 2010 c. 29.

[^f00027]: 1981 c. 67.

[^f00028]: 1991 c. 59. Section 109 has been repealed.

[^f00029]: 1991 c. 59.

[^f00030]: 2017 c. 20.

[^f00031]: S.I. 1997/1160. Regulation 6 was amended by paragraph 35 of Schedule 1 to S.I. 2015/377.

[^f00032]: 1990 c. 43. Section 82 was amended by sections 101 and 102 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).

[^f00033]: Section 79 was amended by paragraph 89 of Schedule 22 to Environment Act 1995 (c. 25).

[^f00034]: 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.

[^f00035]: Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c. 18).

[^f00036]: 1991 c. 56. Section 106 was amended by section 35(8) 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 of the Water Act 2003 (c. 37).

[^f00037]: Section 13 was amended by section 139 of, and paragraph 28(2) of Schedule 13 and paragraph 1 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00038]: As defined in Part 3 of Schedule 14 (For the Protection of Network Rail Infrastructure Limited).

[^f00039]: Amended by sections 184 and 185 of and paragraph 2 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

[^f00040]: S.I. 1997/1160.

[^f00041]: Section 206(1) was amended by paragraph 11 of Schedule 8 to the Planning Act 2008 (c. 29).

[^f00042]: 1978 c. 30. Section 7 was amended by paragraph 19 of Schedule 10 to the Road Traffic Regulation Act 1984 (c. 27).

[^f00043]: Section 78 was amended by section 43(2) of the Planning and Compulsory Purchase Act 2004 (c. 5), paragraph 3(b) of Schedule 10 to the Planning Act 2008 (c. 29), section 123(3) of, and paragraph 11 of Schedule 12 to, the Localism Act 2011 (c. 20), paragraph 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27) and paragraph 12 of Schedule 4 to the Infrastructure Act 2015 (c. 7). Section 79 was amended by section 18 of, and paragraph 19 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34) and by paragraph 4 of Schedule 10 to the Planning Act 2008.

[^f00044]: Section 105(2) was substituted by section 69(3) of the Energy Act 2008 (c. 32).

[^f00045]: S.I. 2012/2920.

[^f00046]: 1973 c. 26.

[^f00047]: 2004 c. 20. Section 105 was amended by section 69 of the Energy Act 2003 (c. 32).

[^f00048]: 2008 c. 29.

[^f00049]: 2009 c. 23

[^f00050]: S.I. 2017/1013.

[^f00051]: OJ L 206, 22.9.1992, p.7-50.

[^f00052]: Ministerial Order 2016/4.

[^f00053]: S.I. 2016/765.

[^f00054]: 1991 c. 59. Section 23 was amended by paragraph 192 of Schedule 22 to, the Environment Act 1995 (c. 25), and by paragraph 32 of Schedule 2 to, the Flood and Water Management Act 2010 (c. 29).

[^f00055]: S.I. 2022/138.

[^f00056]: S.I. 2021/1414.

[^f00057]: 1996 c. 23

1

Nationally significant infrastructure projects as defined in sections 14 and 15 of the 2008 Act located in the North Sea approximately 14 kilometres and 25 kilometres to the north of the north Norfolk coast, comprising—

2

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