The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

• (iv) the undertaker’s taking temporary possession of the land;

that any or all of those paragraphs do not apply to any right specified in the notice; or

• (b) any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.

• (7) If an agreement referred to in paragraph ‎(6)(b)—

• (a) is made with a person in or to whom the right is vested or belongs; and

• (b) is expressed to have effect also for the benefit of those deriving title from or under that person;

the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

• (8) References in this article to private rights over land include any trust, incident, easement, liberty, privilege, right or advantage to which the land is subject.

Application of the 1981 Act

21

• (1) The 1981 Act applies as if this Order were a compulsory purchase order.

• (2) The 1981 Act, as applied by paragraph ‎(1), has effect with the following modifications.

• (3) In section 1 (application of act), for subsection 2, substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

• (4) In section 5(2) (earliest date for execution of declaration) omit the words from “, and this subsection” to the end.

• (5) Section 5A (time limit for general vesting declaration) is omitted.

• (6) In section 5B (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent) the seven year period mentioned in article 18 (time limit for exercise of authority to acquire land compulsorily) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024”.

• (7) In section 6 (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

• (8) In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

• (9) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

(2) But see article 22 (acquisition of subsoil or airspace only) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024, which excludes the acquisition of subsoil or airspace only from this Schedule.

• (10) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 23 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.

Acquisition of subsoil or airspace only

22

• (1) SEL may, with the consent of DEL such consent not to be unreasonably withheld, acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 17 (compulsory acquisition of land) or article 19 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

• (2) DEL may, with the consent of SEL such consent not to be unreasonably withheld, acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (2) of article 17 (compulsory acquisition of land) or article 19 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

• (3) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph ‎(1) or ‎(2), the undertaker is not required to acquire an interest in any other part of the land.

• (4) The following do not apply in connection with the exercise of the power under paragraph ‎(1) or ‎(2) in relation to subsoil or airspace only—

• (a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

• (b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

• (c) Section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act.

• (5) Paragraphs ‎(3) and ‎(4) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Modification of Part 1 of the 1965 Act

23

• (1) Part 1 of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

• (2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the seven year period mentioned in article 18 (time limit for exercise of authority to acquire land compulsorily) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024”.

• (3) In section 11A (powers of entry: further notice of entry)—

• (a) in subsection (1)(a), after “land” insert “under that provision”; and

• (b) in subsection (2), after “land” insert “under that provision”.

• (4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 18 (time limit for exercise of authority to acquire land compulsorily) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024”.

• (5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

• (a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 22(4) (acquisition of subsoil or airspace only) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024, which excludes the acquisition of subsoil or airspace only from this Schedule;

and

• (b) at the end insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 15 (protective work to buildings), article 25 (temporary use of land for carrying out the authorised project) or article 26 (temporary use of land for maintaining the authorised project) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024.

Rights under or over streets

24

• (1) The undertaker may enter on and appropriate so much of the subsoil of or airspace over any street within the Order limits as may be required for the purposes of the authorised project and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised project.

• (2) Subject to paragraph ‎(3), the undertaker may exercise any power conferred by paragraph ‎(1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

• (3) Paragraph ‎(2) does not apply in relation to—

• (a) any subway or underground building; or

• (b) any cellar, vault, arch or other construction in, on or under a street that forms part of a building fronting onto the street.

• (4) Subject to paragraph ‎(5), any person who is an owner or occupier of land appropriated under paragraph ‎(1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (5) Compensation is not payable under paragraph ‎(4) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised project

25

• (1) The undertaker may, in connection with the carrying out of the authorised project—

• (a) enter on and take temporary possession of—

• (i) the land specified in columns (1) and (2) of Schedule 9 (land of which temporary possession only may be taken) for the purpose specified in relation to that land in column (3) of that Schedule; and

• (ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

• (b) remove any buildings, agricultural plant and apparatus, drainage, fences, debris and vegetation from that land;

• (c) construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;

• (d) use the land for the purposes of a working site with access to the working site in connection with the authorised project;

• (e) construct any works, or use the land, as specified in relation to that land in column (3) of Schedule 9, or any mitigation works;

• (f) construct such works on that land as are mentioned in Part 1 (authorised development) of Schedule 1 (authorised project); and

• (g) carry out mitigation works required pursuant to the requirements in Schedule 2.

• (2) Not less than 28 days before entering on and taking temporary possession of land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

• (3) The undertaker must not, remain in possession of the land under this article for longer than is reasonably necessary and in any event, without the agreement of the owners of the land, remain in possession of any land under this article—

• (a) in the case of land specified in paragraph ‎(1)(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (4) of Schedule 9; or

• (b) in the case of land specified in paragraph ‎(1)(a)(ii) after the end of the period of one year beginning with the date of completion of the part of the authorised project for which temporary possession of the land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

• (4) Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, the undertaker must before giving up possession of land of which temporary possession has been taken under this article, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

• (a) replace any building, structure, drain or electric line removed under this article;

• (b) remove any drainage works installed by the undertaker under this article;

• (c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 3 (streets subject to street works); or

• (d) restore the land on which any works have been carried out under paragraph ‎(1)(g) in so far as the works relate to mitigation works identified in the environmental statement or required pursuant to the requirements in Schedule 2.

• (5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of any power conferred by this article.

• (6) Any dispute as to a person’s entitlement to compensation under paragraph ‎(5), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.

• (7) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph ‎(5).

• (8) The undertaker may not compulsorily acquire under this Order new rights over or impose restrictive covenants over the land referred to in paragraph ‎(1)(a)(i).

• (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

• (10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Temporary use of land for maintaining the authorised project

26

• (1) Subject to paragraph ‎(2), at any time during the maintenance period relating to any part of the authorised project, the undertaker may—

• (a) enter on and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised project; and

• (b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

• (2) Paragraph ‎(1) does not authorise the undertaker to take temporary possession of—

• (a) any house or garden belonging to a house; or

• (b) any building (other than a house) if it is for the time being occupied.

• (3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

• (4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised project for which possession of the land was taken.

• (5) Before giving up possession of land of which temporary possession has been taken under this article the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

• (6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

• (7) Any dispute as to a person’s entitlement to compensation under paragraph ‎(6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised project, other than loss or damage for which compensation is payable under paragraph ‎(6).

• (9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

• (10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

• (11) In this article “the maintenance period” means—

• (a) in relation to the maintenance of any tree, hedge or shrub planted as part of an approved landscape management plan the relevant period referred to in requirement 12(2); and

• (b) in relation to any other part of the authorised project, means the period of five years beginning with the date on which that part of the authorised project is brought into commercial operation.

Statutory undertakers

27

• (1) Subject to the provisions of article 40 (protective provisions), the undertaker may—

• (a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order limits; and

• (b) extinguish the rights of, and remove or reposition apparatus belonging to, statutory undertakers within the Order limits.

Recovery of costs of new connections

28

• (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 27 (statutory undertakers), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (2) Paragraph ‎(1) does not apply in the case of the removal of a public sewer, but where such a sewer is removed under article 27, any person who is—

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

• (b) the owner of a private sewer that communicated with that sewer;

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

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

• (4) In this article “public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 — Operations

Operation of generating station

29

• (1) SEL is authorised to operate the generating station comprised in the Sheringham Shoal Extension Project.

• (2) DEL is authorised to operate the generating station comprised in the Dudgeon Extension Project.

• (3) Paragraphs ‎(1) and ‎(2) do not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station.

Deemed marine licences under the 2009 Act

30

• (1) The following marine licences are deemed to have been granted to SEL under Part 4 of the 2009 Act (marine licensing) for the licensed activities specified in Part 1 of each licence and subject to the conditions specified in Part 2 of each licence—

• (a) Marine Licence 1 (set out in Schedule 10); and

• (b) Marine Licence 3 (set out in Schedule 12).

• (2) The following marine licences are deemed to have been granted to DEL under Part 4 of the 2009 Act (marine licensing) for the licensed activities specified in Part 1 of each licence and subject to the conditions specified in Part 2 of each licence—

• (a) Marine Licence 2 (set out in Schedule 11); and

• (b) Marine Licence 4 (set out in Schedule 13).

PART 7 — Miscellaneous and general

Application of landlord and tenant law

31

• (1) This article applies to—

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

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

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

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

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

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

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

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

Operational land for purposes of the 1990 Act

32

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

Felling or lopping of trees and removal of hedgerows

33

• (1) Subject to paragraph (2) and article 34 (trees subject to tree preservation orders) the undertaker may fell or lop, or cut back the roots of, any tree or shrub within or overhanging land within the Order limits or near any part of the authorised project if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.

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

• (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.

• (4) The undertaker may, for the purposes of the authorised project—

• (a) subject to paragraph (2) above, remove any hedgerows as are within the Order Limits and specified in Schedule 16, Part 1 (removal of hedgerows) that may be required to be removed for the purposes of carrying out the authorised project; and

• (b) remove the important hedgerows as are within the Order Limits and specified in Schedule 16, Part 2 (removal of potentially important hedgerows) and Schedule 16, Part 3 (removal of important hedgerows).

• (5) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerows Regulations 1997⁴⁰.

Trees subject to tree preservation orders

34

• (1) Subject to paragraph (2) the undertaker may fell or lop, or cut back the roots of, any tree within or overhanging the Order limits that is subject to a tree preservation order if it reasonably believes it to be necessary to do so to prevent the tree from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.

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

• (a) the undertaker must not do any unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and

• (b) the duty contained in section 206(1)⁴¹ (replacement of trees) of the 1990 Act does not apply.

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

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

• (5) In this article, “tree preservation order” has the same meaning as in section 198 (power to make tree preservation orders) of the 1990 Act.

Saving provisions for Trinity House

35

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

Crown rights

36

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

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

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

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

• (2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in section 227 (“Crown land” and “the appropriate Crown authority”) of the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

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

Certification of plans and documents, etc.

37

• (1) The undertaker must, as soon as practicable after this Order is made, submit to the Secretary of State all of the documents listed in Schedule 18 (documents to be certified) for certification that they are true copies of the documents referred to in this Order.

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

Abatement of works abandoned or decayed

38

• (1) Where the Sheringham Shoal Extension Project offshore works or any part of them are abandoned or allowed to fall into decay the Secretary of State may, following consultation with SEL, by notice in writing require SEL at its own expense either to repair, make safe and restore one or any of those Works, or any relevant part of them, or to remove them and, without prejudice to any notice served under section 105(2) of the 2004 Act, restore the site to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.

• (2) Where the Dudgeon Extension Project offshore works or any part of them are abandoned or allowed to fall into decay the Secretary of State may, following consultation with DEL, by notice in writing require DEL at its own expense either to repair, make safe and restore one or any of those Works, or any relevant part of them, or to remove them and, without prejudice to any notice served under section 105(2) of the 2004 Act, restore the site to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.

• (3) For the purposes of this article:

• “Dudgeon Extension Project offshore works” means— in the event of scenario 1, 2 or 3, Work Nos. 1B to 7B and any other authorised development associated with those works; or in the event of scenario 4, Work Nos. 1B, 2B, any part of the integrated offshore works operated by or for the benefit of DEL and any other authorised development associated with those works; and

• “Sheringham Shoal Extension Project offshore works” means— in the event of scenario 1, 2 or 3, Work Nos. 1A to 7A and any authorised development associated with those works; or in the event of Scenario 4, Work Nos. 1A, 2A, any part of the integrated offshore works operated by or for the benefit of SEL and any other authorised development associated with those works.

Funding

39

• (1) Except where the provisions of paragraph ‎(8) apply, SEL must not exercise the powers conferred by the provisions referred to in paragraph ‎(3) in relation to any land unless a guarantee or alternative form of security in respect of the liabilities of SEL to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land is in place.

• (2) Except where the provisions of paragraph ‎(9) apply, DEL must not exercise the powers conferred by the provisions referred to in paragraph ‎(3) in relation to any land unless a guarantee or alternative form of security in respect of the liabilities of DEL to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land is in place.

• (3) The provisions are—

• (a) article 17 (compulsory acquisition of land);

• (b) article 19 (compulsory acquisition of rights);

• (c) article 20 (private rights over land);

• (d) article 22 (acquisition of subsoil or airspace only);

• (e) article 24 (rights under or over streets);

• (f) article 25 (temporary use of land for carrying out the authorised project);

• (g) article 26 (temporary use of land for maintaining the authorised project); and

• (h) article 27 (statutory undertakers).

• (4) The form of guarantee or security referred to in paragraphs ‎(1) and ‎(2), and the amount guaranteed or secured, must be approved by the Secretary of State, but such approval must not be unreasonably withheld.

• (5) The undertaker must provide the Secretary of State with such information as the Secretary of State may reasonably require relating to the interests in the land affected by the exercise of the powers referred to in paragraph ‎(3) for the Secretary of State to be able to determine the adequacy of the proposed guarantee or security including—

• (a) the interests affected; and

• (b) the undertaker’s assessment, and the basis of the assessment, of the level of compensation.

• (6) A guarantee or other security given in accordance with this article that guarantees or secures the undertaker’s payment of compensation in relation to the exercise of the powers referred to in paragraph ‎(3) is to be treated as enforceable against the guarantor or provider of security by any person to whom such compensation is properly payable and must be in such a form as to be capable of enforcement by such a person.

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

• (8) Nothing in this article requires a guarantee or alternative form of security to be put in place by SEL where—

• (a) SEL provides the Secretary of State with financial information sufficient to demonstrate that it has appropriate funding in place without a guarantee or alternative form of security to meet any liability to pay compensation under this Order in respect of the exercise of the relevant powers in paragraph ‎(1); and

• (b) The Secretary of State provides written confirmation that no such guarantee is required, such written confirmation not to be unreasonably withheld.

• (9) Nothing in this article requires a guarantee or alternative form of security to be put in place by DEL where—

• (a) DEL provides the Secretary of State with financial information sufficient to demonstrate that it has appropriate funding in place without a guarantee or alternative form of security to meet any liability to pay compensation under this Order in respect of the exercise of the relevant powers in paragraph ‎(2); and

• (b) The Secretary of State provides written confirmation that no such guarantee is required, such written confirmation not to be unreasonably withheld.

Protective provisions

40

Schedule 14 (protective provisions) has effect.

Service of notices

41

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

• (a) by post;

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

• (c) with the consent of the recipient and subject to paragraphs ‎(6) to ‎(8), by electronic transmission.

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

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978⁴² as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph ‎(1) is, if that person has given an address for service, that address and otherwise—

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

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

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

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

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

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

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

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

• (c) the notice or document is legible in all material respects; and

• (d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

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

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

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

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

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

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

Arbitration

42

• (1) Subject to article 35 (saving provisions for Trinity House), any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by arbitration in accordance with the rules in Schedule 15 (arbitration rules) by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

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

Procedure in relation to approvals, etc. under requirements

43

• (1) Where an application is made to the relevant planning authority for any consent, agreement or approval required by a requirement, the following provisions apply in respect of that application as they would if the consent, agreement or approval so required were required by a condition imposed on a grant of planning permission—

• (a) sections 78 (right to appeal against planning decisions and failure to take such decisions) and 79⁴³ (determination of appeals) of the 1990 Act;

• (b) any orders, rules or regulations that make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission.

• (2) For the purposes of paragraph (1), orders, rules and regulations make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission in so far as they make provision in relation to—

• (a) an application for such a consent, agreement or approval;

• (b) the grant or refusal of such an application; or

• (c) a failure to give notice of a decision on such an application.

• (3) Nothing in paragraph ‎(1)(b) affects the application of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017.

Modification of DOW section 36 consent

44

Upon commencement by the undertaker of any Work Nos. 1B, 2B, 3B or 3C, 4B or 4C, 5B or 5C the provisions of the DOW section 36 consent shall be amended as follows—

• (a) In condition 3, for “560MW” substitute “402MW”; and

• (b) In Annex B, under the heading “Maximum Number of Turbines” for “77” substitute “67”.

Compensation

45

Schedule 17 (compensation measures) has effect.

SCHEDULE 1 — Authorised project

PART 1 — Authorised development

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—

Sheringham Shoal Extension Project

Offshore works

Work No. 1A—in the event of scenario 1, scenario 2, scenario 3 or scenario 4,an offshore wind turbine generating station with a gross electrical output capacity of more than 100 megawatts comprising up to 23 wind turbine generators each fixed to the seabed by piled monopile, suction bucket monopile, piled jacket, suction bucket jacket or gravity base structure foundations;

Work No. 2A—

• (a) in the event of scenario 1, scenario 2, scenario 3 or scenario 4,a network of subsea in- field cables between the wind turbine generators in Work No. 1A including cable protection and one or more cable crossings; and

• (b) in the event of scenario 1, scenario 2 or scenario 3, a network of subsea in-field cables between the wind turbine generators in Work No. 1A and the offshore substation platform in Work No. 3A including cable protection and one or more cable crossings; or

• (c) in the event of scenario 4, a network of subsea in-field cables between the wind turbine generators in Work No. 1A and the integrated offshore substation platform in Work No. 3C including cable protection and one or more cable crossings;

and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising—

Work No. 3A— in the event of scenario 1, scenario 2 or scenario 3, an offshore substation platform fixed to the seabed by either piled jacket or suction bucket jacket foundations within the area shown on the works plans;

Work No. 4A—in the event of scenario 1, scenario 2 or scenario 3, HVAC subsea export cables between Work No. 3A and Work No. 5A along routes within the area shown on the works plans including cable protection and one or more cable crossings;

Work No. 5A—in the event of scenario 1, scenario 2 or scenario 3, HVAC subsea export cables between Work No. 4A and Work No. 7A along routes within the area shown on the works plans including cable protection and one or more cable crossings;

Work No. 6A—in the event of scenario 1, scenario 2 or scenario 3, a temporary work area for vessels to carry out intrusive activities and non-intrusive activities alongside Work Nos. 1A, 2A, 3A, 4A and 5A;

Work No. 7A—in the event of scenario 1, scenario 2 or scenario 3, landfall connection works between Work No. 5A and Work No. 8A comprising of a cable circuit and ducts seaward of MHWS within the area shown on the works plans;

Onshore Works - In the County of Norfolk, districts of North Norfolk, Broadland and South Norfolk

Work No. 8A— in the event of scenario 1, scenario 2 or scenario 3,onshore connection works landward of MHWS consisting of a cable circuit and ducts between Work No. 7A and Work No. 9A and onshore construction works;

Work No. 17A—in the event of scenario 1 or scenario 2, works consisting of export cables and ducts between Work No. 16A and the Norwich Main National Grid substation, including a connection above ground and electrical engineering works within or around the National Grid substation buildings and compound and onshore construction works;

Work No. 18A— permanent works relating to Work Nos. 12A, 15A, 16A, 17A, 19A and 22A in the event of scenario 1 or scenario 2 or Work Nos. 12C, 15C, 16C, 17C, 19A and 22A in the event of scenario 3 or scenario 4, including—

• (a) flood attenuation and drainage works;

• (b) landscaping;

• (c) ecological mitigation works; and

• (d) onshore construction works;

Work No.19A— permanent accesses (including onshore construction works) in relation to Work Nos. 12A, 15A 16A, 17A, 18A and 22A in the event of scenario 1 or scenario 2 or Work Nos. 12C, 15C, 16C, 17C, 18A and 22A in the event of scenario 3 or scenario 4;

Work No. 20A—temporary working areas to facilitate Work Nos. 12A, 15A, 16A, 17A, 18A, 19A and 22A in the event of scenario 1 or scenario 2 or Work Nos. 12C, 15C, 16C, 17C, 18A, 19A and 22A, including—

• (a) temporary works relating to traffic and highway management;

• (b) temporary accesses; and

• (c) onshore construction works;

Work No. 21A— not used;

Work No. 22A— permanent landscaping and ecological mitigation works (including onshore construction works) relating to Work Nos. 12A, 15A, 16A, 17A, 18A and 19A in the event of scenario 1 or scenario 2 or Work Nos. 12C, 15C, 16C, 17C, 18A and 19A in the event of scenario 3 or scenario 4.

Further Associated Development

In connection with such Work Nos. 1A to 7A and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including—

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

• (b) cable protection measures such as the placement of rock and/or concrete mattresses, with or without frond devices;

• (c) the removal of material from the seabed required for the construction of Work Nos. 1A to 5A and 7A and the disposal of inert material of natural origin within the Order limits produced during construction drilling, seabed preparation for foundation works, cable installation preparation such as sandwave clearance, boulder clearance and pre-trenching and excavation of horizontal directional drilling exit pits;

• (d) removal of static fishing equipment;

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

• (f) disposal of drill arisings in connection with any foundation drilling up to a total of 12,371 cubic metres;

Dudgeon Extension Project

Offshore works

Work No. 1B—in the event of scenario 1, scenario 2, scenario 3 or scenario 4, an offshore wind turbine generating station with a gross electrical output capacity of more than 100 megawatts comprising up to 30 wind turbine generators located either all in DEP North or split between DEP North and DEP South each fixed to the seabed by piled monopile, suction bucket monopile, piled jacket, suction bucket jacket or gravity base structure foundations;

Work No. 2B—

• (a) in the event of scenario 1, scenario 2, scenario 3 or scenario 4, a network of subsea in- field cables between the wind turbine generators in Work No. 1B including cable protection and one or more cable crossings; and

• (b) in the event of scenario 1, scenario 2 or scenario 3, a network of subsea in-field cables between the wind turbine generators in Work No. 1B and Work No. 3B including cable protection and one or more cable crossings;

and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising—

Work No. 3B— in the event of scenario 1, scenario 2 or scenario 3, an offshore substation platform fixed to the seabed by either piled jacket or suction bucket jacket foundations within the area shown on the works plans;

Work No. 4B—in the event of scenario 1, scenario 2 or scenario 3—

• (a) interlink cables between DEP North and DEP South within the areas shown on the works plans; and

• (b) HVAC subsea export cables between Work No. 3B and Work No. 5B along routes within the area shown on the works plans including cable protection and one or more cable crossings;

Work No. 5B— in the event of scenario 1, scenario 2, or scenario 3, HVAC subsea export cables between Work No. 4B and Work No. 7B along routes within the area shown on the works plans including cable protection and one or more cable crossings;

Work No. 6B—in the event of scenario 1, scenario 2 or scenario 3, a temporary work area for vessels to carry out intrusive activities and non-intrusive activities alongside Work Nos. 1B, 2B, 3B, 4B and 5B;

Work No. 7B—in the event of scenario 1, scenario 2, scenario 3,landfall connection works between Work No. 5B and Work No. 8B comprising of a cable circuit and ducts seaward of MHWS within the area shown on the works plans;

Onshore Works - in the County of Norfolk, districts of North Norfolk, Broadland and South Norfolk

Work No. 8B— in the event of scenario 1, scenario 2 or scenario 3 onshore connection works landward of MHWS consisting of a cable circuit and ducts between Work No. 7B and Work No. 9B and onshore construction works;

Further Associated Development

In connection with such Work Nos. 1B to 7B and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including—

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

• (b) cable protection measures such as the placement of rock and/or concrete mattresses, with or without frond devices;

• (c) the removal of material from the seabed required for the construction of Work Nos. 1B to 7B and the disposal of inert material of natural origin within the Order limits produced during construction drilling, seabed preparation for foundation works, cable installation preparation such as sandwave clearance, boulder clearance and pre-trenching and excavation of horizontal directional drilling exit pits;

• (d) removal of static fishing equipment;

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

• (f) disposal of drill arisings in connection with any foundation drilling up to a total of 12,371 cubic metres;

Sheringham Shoal and Dudgeon Extension Projects Integrated works

Offshore Integrated Works

Further Associated Development

In connection with Work Nos. 3C, 4C, 5C and 7C and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including—

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

• (b) cable protection measures such as the placement of rock and/or concrete mattresses, with or without frond devices;

• (c) the removal of material from the seabed required for the construction of Work Nos. 3C, 4C, 5C and 7C and the disposal of inert material of natural origin within the Order limits produced during construction drilling, seabed preparation for foundation works, cable installation preparation such as sandwave clearance, boulder clearance and pre-trenching and excavation of horizontal directional drilling exit pits;

• (d) removal of static fishing equipment;

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

• (f) disposal of drill arisings in connection with any foundation drilling up to a total of 425 cubic metres;

PART 2 — Ancillary works

1

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

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

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

• (c) temporary works for the benefit or protection of land or structures affected by the authorised development.

SCHEDULE 2

PART 1 — Requirements

Time limits

1

• (1) The Dudgeon Extension Project must commence no later than the expiration of seven years beginning with the date this Order comes into force.

• (2) The Sheringham Shoal Extension Project must commence no later than the expiration of seven years beginning with the date this Order comes into force.

Detailed offshore design parameters

Wind turbine generator dimensions

2 1 Subject to sub-paragraph ‎(4), wind turbine generators forming part of the authorised project must not— a exceed a height of 330 metres when measured from HAT to the tip of the vertical blade; b exceed a rotor diameter of 300 metres; c be less than 1.05 kilometres from the nearest wind turbine generator in any direction; d have a distance of less than 30 metres between the lowest point of the rotating blade of the wind turbine generator and HAT; e exceed 23 wind turbine generators in respect of the Sheringham Shoal Extension Project offshore works; or f exceed 30 wind turbine generators in respect of the Dudgeon Extension Project offshore works. 2 The total rotor-swept area within Work No. 1A must not exceed 1.00 square kilometres. 3 The total rotor-swept area within Work No. 1B must not exceed 1.30 square kilometres. 4 References to the location of a wind turbine generator are references to the centre point at the base of the wind turbine generator. Wind turbine generator foundations

3 1 Wind turbine generator foundations must be of one or more of the following foundation options: piled monopile, suction bucket monopile, piled jacket, suction bucket jacket or gravity base structure foundation. 2 No wind turbine generator piled monopile or suction bucket monopile foundation may have a pile diameter exceeding 16 metres. 3 No wind turbine generator gravity base structure foundation may— a have a seabed base plate exceeding 60 metres in diameter; or b have a gravel footing exceeding 62 metres in diameter. 4 No wind turbine generator piled jacket or suction bucket jacket foundation may— a have more than four legs; b have more than four piles; or c have a pile diameter exceeding four metres.

4 1 Within Work No. 1A, the wind turbine generator foundations must not have— a a total combined seabed footprint (including scour protection) exceeding 483,491 square metres; b a total combined amount of scour protection exceeding 429,770 square metres; or c a total combined volume of scour protection exceeding 1,074,770 cubic metres. 2 Within Work No. 1B, the wind turbine generator foundations must not have— a a total combined seabed footprint (including scour protection) exceeding 610,726 square metres; b a total combined amount of scour protection exceeding 542,867 square metres; or c a total combined volume of scour protection exceeding 1,357,168 cubic metres. Offshore Platform dimensions

5 The dimensions of any offshore substation platform (excluding towers, masts and cranes) must not exceed— a 70 metres in length; b 40 metres in width; or c 50 metres in height above HAT. Offshore Platform foundations

6 1 Offshore substation platform foundations must be of one or more of the following foundation options: piled jacket or suction bucket jacket. 2 No offshore substation platform foundation may— a have more than four legs; b have more than eight piles; c have a pile diameter exceeding 3.5 metres; d have a seabed footprint (excluding subsea scour protection) exceeding 707 square metres; or e have a seabed footprint (including subsea scour protection) exceeding 4,761 square metres. 3 The total amount of scour protection for the offshore substation platform in Work No. 3A or 3C must not exceed 4054 square metres. 4 The total volume of scour protection for the offshore substation platform in Work No. 3A or 3C must not exceed 7297 cubic metres. 5 The total amount of scour protection for the offshore substation platform in Work No. 3B or 3C must not exceed 4054 square metres. 6 The total volume of scour protection for the offshore substation platform in Work No. 3B or 3C must not exceed 7297 cubic metres. Cables and cable protection

7 1 In the event of scenario 1, scenario 2, scenario 3 or scenario 4, within Work No. 2A the in-field cables must not, in total— a exceed 36 in number; b exceed 90 kilometres in length; c exceed 0 cable crossings; d have cable protection (including cable crossings) exceeding 4,000 square metres in area; or e have cable protection (including cable crossings) exceeding 1,000 cubic metres in volume. 2 In the event of scenario 1, scenario 2, scenario 3 or scenario 4, within Work No. 2B the in- field cables must not, in total— a exceed 54 in number; b exceed 135 kilometres in length; c exceed seven cable crossings; d have cable protection (including cable crossings) exceeding 4,000 square metres in area; or e have cable protection (including cable crossings) exceeding 1,000 cubic metres in volume. 3 In the event of scenario 1, scenario 2 or scenario 3, within Work Nos. 3A to 5A, the offshore export cables must not, in total— a exceed one in number; b exceed 40 kilometres in length; c exceed four cable crossings; d have cable protection (including cable crossings) exceeding 9,504 square metres in area; or e have cable protection (including cable crossings) exceeding 6885 cubic metres in volume. 4 In the event of scenario 1, scenario 2, scenario 3 within Work Nos. 3B to 5B the offshore export cables must not, in total— a exceed one in number; b exceed 62 kilometres in length; c exceed four cable crossings; d have cable protection (including cable crossings) exceeding 9,504 square metres in area; or e have cable protection (including cable crossings) exceeding 6885 cubic metres in volume. 5 In the event of scenario 1, scenario 2 or scenario 3, within Work No. 4B the interlink cables must not, in total— a exceed three in number; b exceed 66 kilometres in length; c exceed six cable crossings; d have cable protection (including cable crossings) exceeding 6708 square metres in area; or e have cable protection (including cable crossings) exceeding 1896 cubic metres in volume. 6 In the event of scenario 4 within Work Nos. 3C to 5C, the offshore export cables must not, in total— a exceed two in number; b exceed 80 kilometres in length; c exceed eight cable crossings; d have cable protection (including cable crossings) exceeding 16,008 square metres in area; or e have cable protection (including cable crossings) exceeding 12,645 cubic metres in volume. 7 In the event of scenario 4, within Work No. 4C the interlink cables must not, in total— a exceed seven in number; b exceed 154 kilometres in length; c exceed six cable crossings; d have cable protection (including cable crossings) exceeding 12,708 square metres in area; or e have cable protection (including cable crossings) exceeding 3396 cubic metres in volume.

Offshore decommissioning

8

• (1) No Sheringham Shoal Extension Project offshore works may commence until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2)⁴⁴ of the 2004 Act has been submitted to and approved by the Secretary of State.

• (2) No Dudgeon Extension Project offshore works may commence until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) of the 2004 Act has been submitted to and approved by the Secretary of State.

Scenarios and Phases of authorised development

9

• (1) The undertaker may commence or exercise powers of compulsory acquisition under Part 5 of this Order in relation only to scenario 1, scenario 2, scenario 3 or scenario 4 in accordance with sub-paragraphs (2) and (3).

• (2) The Sheringham Shoal Extension Project onshore works must not commence, and powers of compulsory acquisition under Part 5 of this Order must not be exercised, until notification has been submitted to the relevant planning authority as to whether SEL intends to commence scenario 1, scenario 2, scenario 3 or scenario 4.

• (3) The Dudgeon Extension Project onshore works must not commence, and powers of compulsory acquisition under Part 5 of this Order must not be exercised, until notification has been submitted to the relevant planning authority as to whether DEL intends to commence scenario 1, scenario 2, scenario 3 or scenario 4.

• (4) The notifications required under either sub-paragraph ‎(1) or sub-paragraph ‎(3) must be submitted to the relevant planning authority prior to submission of a written scheme to be submitted for approval under sub-paragraphs (5) or ‎(6).

• (5) The Sheringham Shoal Extension Project onshore works must not be commenced until a written scheme setting out (with regards to the relevant scenario notified under sub-paragraph ‎(1)) the phases of construction of the Sheringham Shoal Extension Project onshore works has been submitted to and approved by the relevant planning authority.

• (6) The Dudgeon Extension Project onshore works must not be commenced until a written scheme setting out (with regards to the relevant scenario notified under sub-paragraph ‎(3)) the phases of construction of the Dudgeon Extension Project onshore works has been submitted to and approved by the relevant planning authority.

• (7) Any subsequent amendments to any written scheme submitted for approval under sub- paragraphs ‎(5) and ‎(6) must be submitted to, and approved by, the relevant planning authority.

• (8) Each written scheme submitted for approval under sub-paragraphs ‎(5) and ‎(6) scheme must be implemented as approved. The approved details shall be taken to include any amendment that may subsequently be approved in accordance with sub-paragraph ‎(7).

Detailed design parameters onshore

10

• (1) Construction of Work No. 15A in the event of scenario 1 or scenario 2 must not commence until the details specified under sub-paragraph ‎(4) have been submitted to and approved in writing by the relevant planning authority.

• (2) Construction of Work No. 15B in the event of scenario 1 or scenario 2 must not commence until the details specified under sub-paragraph ‎(4) have been submitted to and approved in writing by the relevant planning authority.

• (3) Construction of Work Nos. 15C in the event of scenario 3 or scenario 4 must not commence until the details specified under sub-paragraph ‎(4) have been submitted to and approved in writing by the relevant planning authority.

• (4) The details required for approval in accordance with either sub-paragraphs ‎(1), ‎(2) or ‎(3) are—

• (a) layout;

• (b) scale;

• (c) proposed finished ground levels;

• (d) external appearance and materials;

• (e) hard surfacing materials;

• (f) vehicular and pedestrian access and parking areas;

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

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

• (5) The details submitted under sub-paragraphs ‎(1), ‎(2) or ‎(3) and under requirement 14 (fencing and other means of enclosure) must—

• (a) be in accordance with the design and access statement; and

• (b) have been subject to a design review process carried out by an independent design review panel to the satisfaction of the relevant planning authority and which must consider whether sub-paragraph (5)(a) has been satisfied and make recommendations for design improvements if not.

• (6) Work Nos. 15A and 15B in the event of scenario 1 or scenario 2 or Work No.15C in the event of scenario 3 or scenario 4 must be carried out in accordance with the details approved under sub-paragraphs ‎(1), ‎(2) or ‎(3) for each work.

• (7) The permanent access road to the onshore Sheringham Shoal Extension Project substation and onshore Dudgeon Extension Project substation in the event of scenario 1 or scenario 2 or to the integrated onshore substation in scenario 3 or scenario 4—

• (a) must not commence until details of its precise location have been submitted to and approved in writing by the relevant planning authority; and

• (b) must be no more than six metres wide.

• (8) The permanent access road to the onshore Sheringham Shoal Extension Project substation and onshore Dudgeon Extension Project substation in the event of scenario 1 or scenario 2 or to the integrated onshore substation in scenario 3 or scenario 4 must be carried out in accordance with the details approved under sub-paragraph ‎(7).

• (9) In the event of scenario 1(a) or scenario 1(b), the width of the onshore cable corridor must not exceed 45 metres save in respect of the following—

• (a) where the onshore cables pass through or adjacent to the FEP phase 2 site, the width of the onshore cable corridor must not exceed 130 metres; and

• (b) where HDD is used to install the cables (other than within or adjacent to the FEP phase 2 site under sub-paragraph ‎(a)), the width of the onshore cable corridor must not exceed 100 metres.

Provision of landscaping

11

• (1) No phase of the onshore works may commence until a written landscape management plan (which accords with the outline landscape management plan) for that phase has been submitted to, and approved by, the relevant planning authority.

• (2) Each landscaping scheme must include details of all proposed hard and soft landscaping works, including—

• (a) surveys, assessments and method statements;

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

• (c) cultivation, treatment of materials and other operations to ensure plant establishment;

• (d) proposed finished ground levels;

• (e) details of existing trees and hedges to be removed and details of existing trees and hedges to be retained, with measures for their protection during the construction period where applicable and the details provided should be in accordance with British Standard 5837:2012 “Trees in relation to design, demolition and construction” and the Hedgerow Regulations 1997; and

• (f) implementation timetables for all landscaping works, including proposals for reinstatement.

• (3) A landscape management plan submitted under sub-paragraph ‎(1) may cover one or more phase of the onshore works.

• (4) Each landscape management plan must be implemented as approved.

Implementation and maintenance of landscaping

12

• (1) All landscaping works must be carried out in accordance with a landscape management plan approved under requirement 11 (provision of landscaping) and in accordance with the relevant recommendations of appropriate British Standards.

• (2) Any tree or shrub planted as part of an approved landscape management plan that, within ten years after planting (save in relation to Work Nos. 18A. 18B, 22A and 22B, for which the relevant period is the operational lifetime of the authorised development), is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the next planting season with a specimen of the same species and size as that originally planted, unless otherwise agreed by the relevant planning authority.

• (3) Any landscape management plan submitted under sub-paragraph ‎(1) may cover one or more phase of the onshore works.

Ecological management plan

13