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The Morecambe Offshore Windfarm Generation Assets Order 2025

Type Statutory-Instrument

Publication 2025-12-01

State In force

Department King's Printer of Acts of Parliament

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Made: 1st December 2025

Coming into force: 23rd December 2025

The Secretary of State in exercise of the powers conferred by sections 114, 115, 120[^f00007], 140 and 149A[^f00008] of the 2008 Act, makes the following Order.

PART 1 — Preliminary

Citation and commencement

1

This Order may be cited as the Morecambe Offshore Windfarm Generation Assets Order 2025 and comes into force on 23rd December 2025.

Interpretation

2

(1) Except for Schedule 6 (Deemed Marine Licence under the 2009 Act: Morecambe Offshore Windfarm Generation Assets), which is subject to the definitions in that Schedule, in this Order—

“1989 Act” means the Electricity Act 1989[^f00009];

“2004 Act” means the Energy Act 2004[^f00010];

“2008 Act” means the Planning Act 2008[^f00011];

“2009 Act” means the Marine and Coastal Access Act 2009[^f00012];

“2016 Order” means the Air Navigation Order 2016[^f00013];

“address” includes any number or address used for the purposes of electronic transmission;

“ancillary works” means the ancillary works described in Part 2 (ancillary works) of Schedule 1 and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;

“authorised development” means the development and associated development described in Part 1 (authorised development) of Schedule 1 and any other development authorised by this Order that is development within the meaning of section 32 of the 2008 Act;

“authorised project” means the authorised development and the ancillary works authorised by this Order;

“bank holiday” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971[^f00014];

“buoy” means any floating device used for navigational purposes or measurement purposes, including wave buoys, LiDAR, guard buoys and mooring buoys;

“CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982[^f00015];

“cable” means any cable up to 275kV for the transmission of electricity and includes direct lay cables, cables laid in cable ducts or protective covers, and further includes fibre optic and other communications cables either within or laid alongside another cable;

“cable crossings” means the crossing of existing sub-sea cables, pipelines or other existing infrastructure by the cables authorised by this Order together with cable protection;

“cable protection” means measures to protect cables from physical damage and exposure due to loss of seabed sediment including but not limited to rock placement or rock berms, concrete mattresses, the use of bagged solutions filled with grout or other materials and flow energy dissipation devices;

“Calder Field” means the Calder offshore gas field which underlies United Kingdom Continental Shelf block 110/7a;

“Calder Field Facilities” means the facilities and infrastructure pertaining to the Calder Field;

“commence” means the first carrying out of any licensed activities authorised by the deemed marine licence, save for operations consisting of pre-construction surveys, monitoring surveys and unexploded ordnance surveys, and any derivative of “commence” is to be construed accordingly;

“CPC” means the hydrocarbon production and processing facilities complex known generally as such or the Central Processing Complex located in the United Kingdom Continental Shelf block 110/2a, 110/3a and 110/8a;

“decommissioning programme” has the meaning given by section 105(2) of the 2004 Act[^f00016];

“deemed marine licence” means the licence set out in Schedule 6 (Deemed Marine Licence under the 2009 Act: Morecambe Offshore Windfarm Generation Assets);

“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation – Safeguarding, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire, WS14 9PY and any successor body to its functions;

“design statement” means the document certified as the design statement by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“DF” means direction finding;

“draft marine mammal mitigation protocol” means the document certified as the draft marine mammal mitigation protocol by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“electronic transmission” or “sent electronically” means a communication transmitted— by means of an electronic communications network; or by other means but whilst in electronic form;

“environmental statement” means the document certified as the environmental statement by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“foundation” means any one or more of— a gravity base foundation; a multi-legged jacket with piling foundation; a monopile foundation; or a multi-legged jacket with suction bucket foundation;

“gravity base foundation” means a structure principally of steel, concrete, or steel and concrete, with a base which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“HAT” means highest astronomical tide;

“HVAC” means high voltage alternating current;

“IFP” means instrument flight procedures;

“in principle monitoring plan” means the document certified as the in principle monitoring plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“inter-array cables” means the HVAC cables linking the wind turbine generators to each other and to the offshore substation platforms;

“km” means kilometres and “km²” means square kilometres;

“kV” means kilovolt;

“LAT” means lowest astronomical tide;

“LiDAR” means a light detection and ranging system used to measure weather and sea conditions;

“m” means metres, “m²” means square metres and “m³” means cubic metres;

“maintain” includes inspect, upkeep, repair, adjust and alter the authorised project, and further includes remove, reconstruct and replace any of the ancillary works and any component part of the authorised project (but not including the removal or replacement of foundations) provided that such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “maintain” is to be construed accordingly;

“MMO” means the Marine Management Organisation, the body created under the 2009 Act which is responsible for the regulation of the deemed marine licence or any successor of that function;

“MCA” means the Maritime and Coastguard Agency, the executive agency of the Department for Transport;

“MHWS” means Mean High Water Springs;

“monopile foundation” means a steel pile either driven or driven and drilled into the seabed and associated equipment including scour protection, equipment including J-tubes, corrosion protection systems and access platforms and equipment;

“MSA” means minimum sector altitude;

“multi-legged jacket with piling foundation” means a steel jacket/lattice-type structure constructed of steel, fixed to the seabed with concrete or hollow steel pin piles and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“multi-legged jacket with suction bucket foundation” means a steel jacket/lattice-type structure constructed of steel, fixed to the seabed with a tubular steel structure which partially or fully penetrates the seabed securing the jacket foundations by means of suction generated on the inside of the bucket and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“offshore location plan” means the document certified as the offshore location plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“offshore order limits and grid coordinates plan” means the document certified as the offshore order limits and grid coordinates plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“offshore substation platform” or “OSP” means a structure above LAT and attached to the seabed by means of one or more foundations, with one or more decks and open with modular equipment or fully clad, containing— electrical equipment required to switch, transform or convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation, including high voltage power transformers, high voltage switchgear and busbars, substation auxiliary systems and low voltage distribution, instrumentation, metering equipment and control systems, standby generators, shunt reactors, auxiliary and uninterruptible power supply systems; accommodation, storage, workshop auxiliary equipment and facilities for operating, maintaining and controlling the substation or wind turbine generators, including navigation, aviation and safety marking and lighting, systems for vessel access and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities;

“offshore works plan” means the document certified as the offshore works plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“Order limits” means the limits shown on the offshore works plan within which the authorised project may be carried out, whose grid coordinates are set out in Part 1 of Schedule 1 (authorised development) of this Order and shown on the offshore order limits and grid coordinates plan;

“outline construction method statement” means the document certified as the outline construction method statement by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline offshore operation and maintenance plan” means the document certified as the outline offshore operation and maintenance plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline offshore written scheme of investigation” means the document certified as the outline offshore written scheme of investigation by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline port access and transport plan” means the document certified as the outline port access and transport plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline project environmental management plan” means the document certified as the outline project environmental management plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline scour protection and cable protection plan” means the document certified as the outline scour protection and cable protection plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline skills and employment plan” means the document certified as the outline skills and employment plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline underwater sound management strategy” means the document certified as the outline underwater sound management strategy by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline vessel traffic management plan” means the document certified as the outline vessel traffic management plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“pin piles” means steel or concrete cylindrical piles either driven or driven and drilled into the seabed to secure steel jacket foundations;

“platform link cables” means the HVAC cables linking the offshore substation platforms to each other;

“requirement” means, or a reference to a numbered requirement is to, those matters set out in Schedule 2 (requirements) to this Order;

“row” means a row of wind turbine generators perpendicular to the prevailing wind;

“scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including but not limited to by the use of bagged solutions filled with grout or other materials, protective aprons, mattresses with or without frond devices, and rock, concrete and gravel placement;

“statutory historic body” means Historic England or its successor in function;

“statutory nature conservation body” means a statutory nature conservation body, being the appropriate nature conservation body as defined in regulation 5 of the Conservation of Habitats and Species Regulations 2017[^f00017] or its equivalent in the Conservation of Offshore Marine Habitats and Species Regulations 2017[^f00018];

“transition piece” means the metal structure attached to the top of the foundation where the base of the wind turbine generator is connected and may include additional equipment such as J-tubes, corrosion protection systems, boat access systems, access platforms, craneage, radar, electrical transmission equipment and associated equipment;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“UHF” means ultra high frequency;

“undertaker” means Morecambe Offshore Windfarm Ltd (company registration number: SC734062), or any person who has the benefit of this Order in accordance with article 7 (benefit of this Order);

“vessel” means every description of vessel, however propelled or moved, and includes a non- displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on, under or over water and which is at the time in, on, under or over water;

“VHF” means very high frequency;

“wind turbine generator” or “WTG” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tubes, transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter hoisting facilities and other associated equipment including communications equipment, fixed to a foundation or transition piece; and

“working day” means a day other than a Saturday or Sunday or bank holiday in England and Wales.

(2) All distances, directions, areas and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised project are taken to be measured along that work.

(3) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the relevant plans.

(4) References in this Order to numbered works are references to the works as numbered in Part 1 of Schedule 1 (authorised development).

(5) The expression “includes” is to be construed without limitation unless the contrary intention appears.

(6) A reference to any statute, order, regulation or similar instrument in this Order is construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re–enactment.

PART 2 — Principal Powers

3

(1) Subject to the provisions of this Order and to the requirements in Schedule 2 (requirements) the undertaker is granted—

(a) development consent for the authorised development; and

(b) consent for the ancillary works;

to be carried out within this Order limits.

Operation of a generating station

4

(1) The undertaker is authorised to use and operate the authorised development for which development consent is granted by this Order.

(2) Paragraph (1) does not relieve the undertaker of any requirement to obtain any permit or licence under any legislation that may be required from time to time to authorise the operation of the authorised project.

Deemed marine licence under the 2009 Act

5

The marine licence set out in Schedule 6 (Deemed Marine Licence under the 2009 Act: Morecambe Offshore Windfarm Generation Assets) is deemed to have been granted to the undertaker under Part 4 (marine licensing) of the 2009 Act for the licensed activities specified in Part 1 of the marine licence and subject to the conditions specified in Part 2 of the marine licence.

Power to maintain the authorised project

6

(1) The undertaker may at any time maintain the authorised project, except to the extent that this Order or an agreement made under this Order provides otherwise.

(2) Paragraph (1) does not relieve the undertaker of any requirement to obtain any further licence under Part 4 (marine licensing) of the 2009 Act for licensable activities not authorised by the deemed marine licence.

Benefit of this Order

7

(1) Subject to this article, the provisions of this Order have effect solely for the benefit of the undertaker.

(2) Subject to paragraph (3) the undertaker may with the written consent of the Secretary of State—

(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order (including the deemed marine licence) and such related statutory rights as may be agreed between the undertaker and the transferee; and

(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order (including the deemed marine licence) and such related statutory rights as may be so agreed,

except where paragraph (5) applies, in which case the consent of the Secretary of State is not required.

(3) The Secretary of State must notify the MMO, and must have regard to any response received from the MMO within 28 days of that notification, before giving consent to the transfer or grant to another person of the benefit of the provisions of the deemed marine licence.

(4) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under paragraph (2)—

(a) the benefit transferred or granted (“the transferred benefit”) shall include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;

(b) the transferred benefit shall reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit is not enforceable against the undertaker save in the case of a deemed marine licence transferred or granted in respect of any breach of an obligation by the undertaker which occurs prior to such transfer or grant or which occurs as a result of any activity carried out by the undertaker on behalf of the transferee; and

(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (2) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

(5) This paragraph applies where the transferee or lessee is the holder of a licence under section 6 (licences authorising supply, etc.) of the 1989 Act.

(6) Where an agreement has been made in accordance with paragraph (2) references in this Order to the undertaker, except in paragraph (4), will include references to the transferee or lessee.

(7) Prior to any transfer or grant under this article taking effect the undertaker must give notice in writing to the Secretary of State and the MMO.

(8) A notice required under paragraph (7) must—

(a) state—

(i) the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;

(ii) subject to paragraph (9), the date on which the transfer will take effect;

(iii) the provisions to be transferred or granted; and

(iv) the restrictions, liabilities, and obligations that, in accordance with sub-paragraph (4)(c), will apply to the person exercising the powers transferred or granted; and

(b) be accompanied by—

(i) where relevant, a plan showing the works or areas to which the transfer or grant relates; and

(ii) a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.

(9) The date specified under paragraph (8)(a)(ii) must not be earlier than the expiry of 28 days from the date of the receipt of the notice.

(10) The notice given under paragraph (7) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.

(11) Section 72(7) and (8) of the 2009 Act do not apply to a transfer or grant of the benefit of the provisions of the deemed marine licence to another person by the undertaker pursuant to an agreement under this article save that the MMO may amend any deemed marine licence granted under Schedule 6 of this Order to change the name of the undertaker to the name of a transferee or lessee under this article.

(12) A notice given under paragraph (7) is deemed to have been given in writing where it is sent electronically.

PART 3 — Miscellaneous and general

Abatement of works abandoned or decayed

8

Where the authorised development or any part of it or any part of the ancillary works are abandoned or allowed to fall into decay, the Secretary of State may, following consultation with the undertaker, issue a written notice requiring the undertaker at its own expense either to repair, make safe or restore one or any of those works, or remove such authorised development or any relevant part of the authorised development or any ancillary works, without prejudice to any notice served under section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Act[^f00019]. The notice may also require the restoration of the site of the relevant part(s) of the authorised development or ancillary works to a safe and proper condition, to such extent and within such limits as may be specified in the notice.

Saving provisions for Trinity House

9

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

Crown rights

10

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

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

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

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

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

Protective provisions

11

Schedule 3 (protective provisions) has effect.

Certification of documents and plans, etc.

12

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all of the documents listed in Schedule 8 (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.

Service of notices

13

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

(a) by post;

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

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00020] 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 a body corporate, the registered or principal office of that body; and

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

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

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

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

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

(5) 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 part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(6) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (7).

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

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

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

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

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

Requirements, appeals, etc.

14

Schedule 4 (approval of matters specified in requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to requirements included in Schedule 2 (requirements) to this Order.

Arbitration

15

(1) Subject to article 9 (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 at Schedule 5 (arbitration rules) to this Order, by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving written notice to the other) by the Secretary of State.

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

Approvals

16

(1) Where, under any of the requirements set out in Schedule 2, any condition in Part 2 of Schedule 6, or any provision in Schedules 3, 6 or 7, the approval (which shall include any confirmation or agreement) or notification of or to the Secretary of State or another organisation or body is required, that approval or notification must be given in writing.

(2) With respect to any approval which requires the authorised project to be carried out in accordance with the details approved by the Secretary of State or another organisation or body, the approved details must be carried out as approved unless an amendment or variation is previously agreed by the Secretary of State or that other organisation or body in writing in accordance with paragraph (3).

(3) Any amendments to or variations of the approved details must be in accordance with the principles and assessments set out in the environmental statement. Agreement to amendments or variations may only be given where it has been demonstrated to the satisfaction of the Secretary of State or that other organisation or body that the proposed amendments to the approved details are unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(4) The approved details must be taken to include any amendments that have subsequently been approved by the Secretary of State or that other organisation or body.

(5) Where any approval or notification is required in writing this includes by electronic transmission.

Compensation measures

17

Schedule 7 (compensation measures) has effect.

Guarantees in respect of payment of compensation

18

(1) The undertaker must not commence development unless it has put in place either—

(a) a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions of schedule 3 (protective provisions) part 3 and part 4; or

(b) an alternative form of security and the amount of that security for that purpose approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions of schedule 3 (protective provisions), part 3 and part 4.

(2) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (1) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(3) Nothing in this article requires a guarantee or alternative form of security to be in place after the Secretary of State, having consulted with the licensee, has confirmed in writing that the Calder Field Facilities and the CPC have been decommissioned.

(4) Nothing in this article requires a guarantee or alternative form of security to be put in place by the undertaker where—

(a) the undertaker 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 confirmation that no such guarantee is required.

SCHEDULE 1 — Authorised Project

PART 1 — Authorised Development

1

A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 15 (generating stations) of the 2008 Act located in the east Irish Sea approximately 30 kilometres from the coast of Lancashire being an offshore wind turbine generating station with electrical output capacity of over 100MW comprising—

Work No. 1— a up to 35 wind turbine generators each fixed to the seabed by a foundation; and b a network of subsea inter-array cables between the wind turbine generators and between the wind turbine generators and the offshore substation platforms forming part of Work No. 2 including cable crossings and cable protection;

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

Work No. 2— a one or two offshore substation platforms each fixed to the seabed by a foundation; and b a network of subsea platform link cables including cable crossings and cable protection.

2

Work No. 1 and Work No. 2 are to be constructed seaward of MHWS within the area delineated by the coordinates shown on the offshore order limits and grid coordinates plan and listed in Table 1 below—

Point	Latitude	Longitude
1	53° 50′ 11.03673656″ N	003° 36′ 31.65915051″ W
2	53° 49′ 41.72634557″ N	003° 34′ 15.69323747″ W
3	53° 49′ 45.14948499″ N	003° 29′ 48.00160838″ W
4	53° 45′ 16.81576507″ N	003° 29′ 38.45882862″ W
5	53° 45′ 00.78002400″ N	003° 36′ 04.79995593″ W

PART 2 — Ancillary works

1

Works within this Order limits which fall within the scope of the works assessed by the environmental statement comprising—

(a) moorings or other means of accommodating vessels in the construction or maintenance of the authorised development; and

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

SCHEDULE 2 — Requirements

Time limits

1

The authorised project must commence no later than the expiration of seven years beginning with the date this Order comes into force.

Design parameters

2

(1) The wind turbine generators to be constructed and operated as part of the authorised project must be located within the area shown on the offshore works plan.

(2) No part of any wind turbine generator to be constructed as part of the authorised project shall oversail or extend beyond this Order limits.

(3) The authorised project must be constructed in accordance with the parameters set out in Table 2.

Parameter	Value
Maximum number of wind turbine generators	35
Maximum total rotor swept area (m²)	1,858,252
Maximum height of wind turbine generators when measured from HAT to the tip of the vertical blade (m)	310
Maximum rotor diameter of each wind turbine generator (m)	280
Minimum distance from HAT to the lowest point of the rotating blade for each turbine (m)	25
Minimum intra-row distance (between wind turbine generators in a row of wind turbine generators) (m)	1,060
Minimum inter-row distance (between rows of wind turbine generators) (m)	1,410
Maximum diameter of monopiles for wind turbine generators on monopile foundations (m)	12
Maximum diameter of piles for wind turbine generators on multi-legged jackets with piling foundations (m)	3
Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (m)	65
Maximum diameter of suction buckets for wind turbine generators on multi-legged jackets with suction bucket foundations (m)	20
Maximum diameter of monopiles for offshore substation platform monopile foundations (m)	12
Maximum diameter of piles for offshore substation platforms on multi-legged jackets with piling foundations (m)	3
Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (m)	65
Maximum diameter of suction buckets for offshore substation platforms on multi-legged jackets with suction bucket foundations (m)	20
Maximum total seabed footprint of wind turbine generators (including scour protection) (m²)	248,080
Maximum number of offshore substation platforms	2
Maximum dimensions of offshore substation platforms (excluding towers, helipads, masts, cranes and lightning protection):
(a) Height when measured from HAT (m)	50
(b) Length (m)	50
(c) Width (m)	50
Maximum height when measured from HAT of offshore substation platforms (including helipads and lightning protection) (m)	70
Maximum total seabed footprint area for offshore substation platform foundations (including scour protection) (m²)	14,176
Maximum total length of cables (inter-array cables and platform link cables) (km)	80
Maximum number of cable crossings	15
Maximum volume of natural material for disposal (m³)	1,416,463
Maximum total footprint of scour protection (m²) (exclusive of foundations for wind turbine generators and offshore substation platforms)	139,490
Maximum total volume of scour protection for wind turbine generators and offshore substation platforms (m³)	278,980
Maximum footprint of cable protection (m²) (including cable protection, entries to offshore substation platforms and wind turbine generators and cable crossings)	216,250
Maximum volume of cable protection (m³) (including cable protection, entries to offshore substation platforms and wind turbine generators and cable crossings)	259,700
Maximum hammer energy (kilojoules or kJ) employed during installation of pin piles	2,500
Maximum hammer energy (kilojoules or kJ) employed during installation of monopile foundations	6,600

(4) The wind turbine generators to be constructed or operated as part of the authorised project must have the same height and rotor diameter, unless otherwise agreed by the Secretary of State.

Aviation safety

3

(1) The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by the 2016 Order (with any reference in this Order to the territorial sea being read as a reference to the Renewable Energy Zone established under section 84 of the Energy Act 2004[^f00021]) and/or determined necessary for aviation safety as directed in writing by the Civil Aviation Authority, in consultation with the Defence Infrastructure Organisation Safeguarding. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the lifetime of the authorised project unless otherwise agreed with the Ministry of Defence.

(2) The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14 days prior to the commencement of the construction of the authorised project, of the following—

(a) the date of the commencement of construction of the authorised project;

(b) the date any wind turbine generators are anticipated to be brought into use;

(c) the latitude, longitude and maximum height of any construction equipment with a height of 50m or greater (above mean sea level) to be used;

(d) the maximum height of any wind turbine generator, meteorological mast and offshore electrical platform to be constructed;

(e) the latitude and longitude of each wind turbine generator, meteorological mast and offshore substation platform to be constructed; and

the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the authorised project.

(3) The lights installed in accordance with paragraph (1) shall be operated at the lowest permissible lighting intensity level.

Great Dun Fell, Lowther Hill and St Annes Primary Surveillance Radars

4

(1) No part of any wind turbine generator (excluding foundations) shall be erected as part of the authorised development until a primary radar mitigation scheme agreed in advance with the operator has been submitted to and approved by the Secretary of State in order to avoid the impact of the authorised development on the primary radars of the operator located at Great Dun Fell, Lowther Hill and St Annes and associated air traffic management operations.

(2) No part of any wind turbine generator (excluding foundations) shall be erected until the approved primary radar mitigation scheme has been implemented and then shall thereafter be operated fully in accordance with such approved scheme.

(3) For the purposes of this requirement—

“operator” means NATS (En Route) plc, incorporated under the Companies Act 2006 (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the Transport Act 2000[^f00022] to provide air traffic services to the relevant managed area (within the meaning of section 40 of that Act); and

“primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to avoid at all times the impact of the authorised development on the Great Dun Fell, Lowther Hill and St Annes primary radars and air traffic management operations of the operator.

Operation of Blackpool Airport

5

(1) No part of any wind turbine generator or offshore substation platform (excluding foundations) shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the CAA, has confirmed that he is satisfied that—

(a) appropriate mitigation will be implemented and maintained throughout the lifetime of the authorised development; and

(b) appropriate arrangements have been put in place with the operator to ensure that such appropriate mitigation is implemented prior to construction of any wind turbine generator or offshore substation platform (excluding foundations) and thereafter maintained.

(2) For the purposes of this requirement—

“appropriate mitigation” means measures required to prevent or remove any adverse impacts which the authorised development will have on the ability of the operator to provide safe airport operational and air traffic services (including but not limited to any adverse impacts on instrument flight procedures (including minimum sector altitudes), very high frequency radio and direction finding communication systems) for Blackpool Airport;

“approved mitigation” means the appropriate mitigation approved by the Secretary of State in consultation with the CAA and the operator in accordance with sub-paragraph (1); and

“operator” means Blackpool Airport Operations Limited (incorporated in England and Wales with company number 09307995 and whose registered office is Number One Bickerstaffe Square, Talbot Road, Blackpool FY1 3AH), or any successor as holder of a licence under the Commission Regulation (EU) No. 139/2014 (or any successor regulation) from the CAA to operate Blackpool Airport;

(3) The undertaker shall thereafter comply with all obligations contained within the approved mitigation throughout the lifetime of the authorised development and for as long as any above waterline structures forming part of the authorised development remain in situ.

Operation of Walney Aerodrome (Air Traffic Services)

6

(1) No part of any wind turbine generator or any offshore substation platform shall be erected as part of the authorised development until the Secretary of State has, having consulted with the CAA and the operator—

(a) approved an ATS mitigation scheme; and

(b) confirmed that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator.

(2) For the purposes of this requirement—

“approved ATS mitigation scheme” means the ATS mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1)(a);

“ATS mitigation scheme” means a scheme which is designed to prevent or remove any adverse impacts arising from the authorised development on the operation of Walney Aerodrome, including but not limited to— the Aerodrome’s ability to provide and deliver, on an uninterrupted basis— national sovereign defence capabilities; safe airport operational and air traffic services that are fit for purpose for both civil and military aircraft operations; and any other operational requirements which are identified by the operator; and the Aerodrome’s IFP, MSA and VHF communication systems; and

“operator” means BAE Systems Marine Limited (incorporated in England and Wales with company number 00229770, whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey GU16 7EX) or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000[^f00023] to provide air traffic services at Walney Aerodrome or any organisation employed by BAE Systems Marine Limited to provide an air traffic service at Walney Aerodrome.

(3) The approved ATS mitigation scheme must remain in place and be complied with for the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10).

(4) The undertaker shall be solely responsible for the costs of—

(a) implementing the approved ATS mitigation scheme prior to the erection of any part of any wind turbine generator or any offshore substation platform forming part of the authorised development;

(b) thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of, the approved ATS mitigation scheme throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10); and

(c) in the event of any amendment being made to the authorised development which gives rise to adverse impacts on the operation of Walney Aerodrome which are new or different to those identified by the environmental statement, working with the CAA and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10), together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures.

Operation of Warton Aerodrome (Air Traffic Services)

7

(1) No part of any wind turbine generator or any offshore substation platform shall be erected as part of the authorised development until the Secretary of State has, having consulted with the CAA and the operator—

(a) approved an ATS mitigation scheme; and

(b) confirmed that he is satisfied that the approved ATS mitigation scheme has been implemented by the operator.

(2) For the purposes of this requirement—

“approved ATS mitigation scheme” means the ATS mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1)(a);

“ATS mitigation scheme” means a scheme which is designed to prevent or remove any adverse impacts arising from the authorised development on the operation of Warton Aerodrome, including but not limited to— the Aerodrome’s ability to provide and deliver, on an uninterrupted basis— national sovereign defence capabilities; safe airport operational and air traffic services that are fit for purpose for both civil and military aircraft operations; and any other operational requirements which are identified by the operator; and the Aerodrome’s IFP, MSA, DF, UHF and VHF communication systems; and

“operator” means BAE Systems (Operations) Limited (incorporated in England and Wales with company number 01996687, whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey GU16 7EX) or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000[^f00024] to provide air traffic services at Warton Aerodrome or any organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome.

(3) The approved ATS mitigation scheme must remain in place and be complied with for the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10).

(4) The undertaker shall be solely responsible for the costs of—

(a) implementing the approved ATS mitigation scheme prior to the erection of any part of any wind turbine generator or any offshore substation platform forming part of the authorised development;

(b) thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of, the approved ATS mitigation scheme throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10); and

(c) in the event of any amendment being made to the authorised development which gives rise to adverse impacts on the operation of Warton Aerodrome which are new or different to those identified by the environmental statement, working with the CAA and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts throughout the lifetime of the authorised development (including the period during which the authorised development is being decommissioned in accordance with the decommissioning programme approved pursuant to requirement 10), together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures.

Warton Aerodrome Primary Surveillance Radar

8

(1) No part of any wind turbine generator shall be erected as part of the authorised development until a radar mitigation scheme has been submitted to and approved by the Secretary of State, in consultation with the Ministry of Defence and the operator.

(2) For the purposes of this requirement—

“approved radar mitigation scheme” means the radar mitigation scheme as approved by the Secretary of State in accordance with sub-paragraph (1);

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

“operator” means BAE Systems (Operations) Limited (incorporated in England and Wales with company number 01996687, whose registered office is at Victory Point, Lyon Way, Frimley, Camberley, Surrey GU16 7EX) or such other organisation as is licensed from time to time under sections 5 and 6 of the Transport Act 2000[^f00025] to provide air traffic services at Warton Aerodrome or any organisation employed by BAE Systems (Operations) Limited to provide an air traffic service at Warton Aerodrome;

“PSR” means the primary surveillance radar at Warton Aerodrome or any upgrade thereto or replacement thereof;

“PSR air traffic control operations” means the air traffic control operations, including both civil and military aircraft operations, of the Ministry of Defence or the operator or both which are reliant upon the PSR; and

“radar mitigation scheme” means a scheme designed to prevent or remove any adverse impacts arising from the authorised development upon the operation of the PSR or the PSR air traffic control operations.

(3) No wind turbine generator erected as part of the authorised development shall be permitted to rotate its rotor blades about its horizontal axis other than for the purpose of testing the proposed mitigation solution identified in the approved radar mitigation scheme until the Secretary of State, following consultation with the Ministry of Defence and the operator, has confirmed that he is satisfied that—

(a) the proposed mitigation solution has been subject to technical and operational assessment and, in particular, has undergone ‘in-situ’ testing in line with the requirements of (and for the time period(s) specified in) the approved radar mitigation scheme;

(b) the performance criteria required to be met by the proposed mitigation solution, as specified in the approved radar mitigation scheme, have been met; and

(4) The approved radar mitigation scheme must remain in place and be complied with for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator or both.

(5) The undertaker shall be solely responsible for the costs of—

(a) implementing the approved radar mitigation scheme prior to any wind turbine generator erected as part of the authorised development being permitted to rotate its rotor blades about its horizontal axis;

(b) thereafter maintaining, repairing and replacing, including without limitation resolving any failure (howsoever caused) of, the approved radar mitigation scheme for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator or both; and

(c) in the event of any amendment being made to the authorised development which gives rise to new or different adverse impacts to those identified in the environmental statement on the operation of the PSR or the PSR air traffic control operations , working with the Ministry of Defence and the operator in good faith to agree any additional mitigation measures required to prevent or remove such adverse impacts for so long as any of the wind turbine generators erected as part of the authorised development are operational and provided that the PSR remains an operational requirement of the Ministry of Defence or the operator or both, together with the costs of implementing and maintaining on an ongoing basis those additional mitigation measures.

Air traffic services at Isle of Man Airport

9

(1) No part of any wind turbine generator (excluding foundations) shall be erected as part of the authorised development until the Secretary of State, having consulted with the operator and the Isle of Man Civil Aviation Administration, confirms that either—

(a) no mitigation is required in respect of the authorised development; or

(b) should mitigation be required in respect of the authorised development—

(i) an appropriate mitigation scheme will be implemented and maintained for the lifetime of the authorised development; and

(ii) a mitigation agreement has been offered to the operator to ensure that the appropriate mitigation will be implemented.

(2) For the purposes of this requirement—

“appropriate mitigation scheme” means a scheme agreed between the undertaker and the operator which sets out measures taken to prevent or remove any adverse impacts of the authorised development on the Isle of Man Primary Surveillance Radar and air traffic management operations and the operator’s ability to provide safe and efficient air traffic services for Isle of Man Airport during the life of the authorised development;

“approved mitigation” means an appropriate mitigation scheme approved in accordance with sub-paragraph (1)(b); and

“operator” means Isle of Man Airport or such other organisation as is licensed from time to time to provide air traffic services for Isle of Man Airport.

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

Decommissioning

10

No part of the authorised development 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) (requirement to prepare decommissioning programmes) of the 2004 Act has been submitted to and approved by the Secretary of State.

Port Access and Transport Plan

11

(1) Where a port in England or Wales is selected as a port to be used to facilitate the transport of wind turbine generators, offshore substation platforms or foundations (including scour protection) in connection with the construction, operation or maintenance of the authorised development, over land to the site of the authorised development, no part of the authorised development may commence until a port access and transport plan (which accords with the outline port access and transport plan) for the onshore port-related traffic to and from the port or ports and relating to that part of the authorised development has been submitted to and approved by the relevant highway authority in consultation with the relevant planning authority.

(2) Sub-paragraph (1) does not apply if the relevant highway authority confirms, after consultation with the relevant planning authority, that no port access and transport plan is required for that part of the authorised development.

(3) The port access and transport plan must be implemented as approved at all times specified within the port access and transport plan during the construction of the authorised development.

(4) For the purposes of this requirement, “relevant planning authority” and “relevant highway authority” mean the planning or highway authority or authorities in whose area the relevant port is located.

Skills and Employment Plan

12

(1) No part of the authorised development may commence until a skills and employment plan has been submitted to and approved by the relevant authorities.

(2) The skills and employment plan must be in accordance with the outline skills and employment plan and must be implemented as approved for the lifetime of the authorised development.

(3) For the purposes of this requirement, the “relevant authorities” means—

(a) any planning authority in whose area a port selected under Requirement 11 is located.

Wake Effects

13

(1) No part of any WTG may be erected as part of the authorised development until either—

(a) a wake effects plan has been submitted to and approved by the Secretary of State following consultation with the owners of the existing offshore wind farms; or

(b) the undertaker has provided evidence to the Secretary of State that alternative mitigation for wake effects has been agreed with each of the owners of the existing offshore wind farms.

(2) A wake effects plan provided in accordance with paragraph (1)(a) must include—

(a) details of reasonable steps that have been taken by the undertaker in the final design of the authorised development or reasonable measures which will be applied during the operation of the authorised development (or both) to minimise wake effects on the existing offshore wind farms without materially reducing the capacity of the authorised development;

(b) a wake effects assessment showing the modelled wake effect of the proposed final design on the existing offshore wind farms;

(c) details of consultation with the owners of the existing offshore wind farms and the extent of any agreement or disagreement with them on—

(i) whether any design changes or operational measures could further reduce the wake effect impacts; and

(ii) the conclusions of the wake effects assessment provided under paragraph 2(b).

(3) Where paragraph (1)(a) applies, the wake effects plan must be implemented as approved and the design plan submitted to the licensing authority under condition 9(1)(a) of Schedule 6 (Deemed Marine Licence under the 2009 Act: Morecambe Offshore Windfarm Generation Assets) to this Order must be in accordance with any approved wake effects plans.

(4) For the purposes of this requirement—

“existing offshore wind farms” includes the following— Barrow Offshore Windfarm; Burbo Bank Offshore Windfarm; Burbo Bank Extension Offshore Windfarm; Walney 1 Offshore Windfarm; Walney 2 Offshore Windfarm; Walney Extension 3 Offshore Windfarm; Walney Extension 4 Offshore Windfarm; and West of Dudson Sands Offshore Windfarm

provided that such wind farm remains operational on the date on which the application to discharge this requirement is made.

SCHEDULE 3 — Protective provisions

PART 1 — For the protection of offshore cables

1

The provisions of this Part have effect unless otherwise agreed between the undertaker and the Company in question.

2

(1) In this Part—

“cables” means the whole or any part of the Lanis-1 cable or the Hibernia A cable;

“Company” means— EXA Infrastructure Express UK Limited (company number 08257476) and having its registered address at 5th Floor, 40 Strand, London, United Kingdom, WC2N 5RW in relation to the Hibernia A cable; and Vodafone Group PLC (company number 01833679) and having its registered address at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN in relation to the Lanis-1 cable; and any references to a Company includes its successors in title in respect of any protected property.

“construction” includes execution, placing and altering; and cognate expressions must be construed accordingly;

“Lanis-1 cable” means the submarine telecommunications cable laid between the United Kingdom and the Isle of Man;

“Hibernia A cable” means the submarine telecommunications cable laid between the United Kingdom and Canada;

“plans” includes sections, drawings, calculations, methods of construction, particulars and specifications;

“protected property” means the cables— any part of which is situated within this Order limits for the authorised development; and in respect of which a Company has an interest for the time being;

“protective works” has the meaning given in paragraph 10; and

“works” means Work No. 1 and Work No. 2.

3

No wind turbine generators or offshore substation platforms shall be erected within 500 metres of the protected property unless otherwise agreed between the Company and the undertaker.

4

Despite anything in this Order or shown on the offshore works plan, the undertaker must not pursuant to the powers conferred by this Order appropriate and remove any protected property otherwise than by agreement with the Company.

5

Despite anything in this Order, except in the case of any part of the protected property that the Company certifies in writing is permanently disused, the undertaker must not exercise the powers conferred by this Order to relocate any protected property until suitable alternative facilities have been provided by the undertaker and are available for use to the reasonable satisfaction of the Company.

6

The undertaker must use reasonable endeavours—

(a) in exercising any of the powers conferred by this Order to avoid or (failing avoidance) to minimise any damage or disruption to the protected property; and

(b) without limiting sub-paragraph (a), to ensure that the works do not at any time fall into such a condition as to compromise the integrity or operation of the protected property.

7

Not less than four calendar months before commencing construction of the works, the undertaker must furnish to the Company a programme for the works proposed and a general indication of the nature and location of the works and, if within 28 days after receipt by a Company of that programme and general indication the Company gives notice to the undertaker that any part of the authorised development indicated in the programme may in any way affect protected property, paragraphs 8 and 9 apply with respect to that part of those works.

8

On giving any notice to the undertaker under paragraph 7, the Company must furnish existing drawings showing to the best of its knowledge the position and depth of the relevant part of the protected property.

9

Not less than two calendar months before commencing construction of any part of the authorised development that may significantly affect the protected property, the undertaker must furnish to the Company detailed plans and specifications of the relevant part of the authorised development and must have due regard to any representations made by the Company relating to such plans or to the programme for the works and make reasonable changes required to avoid risk of harm to the protected property by the construction of the relevant part of the authorised development.

10

At any time within one calendar month after the receipt by the Company of the plans referred to in paragraph 9 the Company may by notice to the undertaker specify any reasonable temporary or permanent works or measures (the “protective works”) which in its reasonable opinion should be carried out or taken by the undertaker before the commencement of or during the construction of the works in order to ensure the stability of the protected property (shown on the drawings furnished by the Company under paragraph 8) or to protect them from injury and such protective works must be constructed by the undertaker at its own expense and under the inspection (if any) of the Company.

11

Except in the case of protective works that the Company has informed the undertaker in writing may be carried out during the construction of the works, the undertaker must not commence the construction of any works within 50 metres of, or which may in any way affect, the protected property until the protective works relating to the works have been completed to the reasonable satisfaction of the Company.

12

In the case of protective works of which the Company has informed the undertaker in writing as mentioned in paragraph 11, the undertaker must comply with all reasonable requirements of the Company arising from its inspection under paragraph 10 as promptly as practicable after the undertaker has been notified of such requirements.

13

Except in an emergency (when it must give such notice as may be reasonably practicable), the undertaker must give the Company not less than 28 days’ notice of its intention to carry out any works for the repair or maintenance of the works in so far as such works may affect or interfere with the protected property.

14

The undertaker must pay to the Company the reasonable expenses properly incurred by the Company in or in connection with the removal, relaying or replacing of any part of the protected property, including the provision, laying down or placing of any alternative facilities.

15

The undertaker must pay to the Company the reasonable expenses properly incurred by the Company in or in connection with the preparation of drawings or notices referred to in paragraph 8 or 9 and by the Company in the watching and inspecting of any protective works relating to protected property.

16

This Part does not apply in relation to any protected property laid by or for the use of the Company after this Order comes into force.

17

Nothing in this Part affects any enactment or any regulations made under any enactment or any agreement regulating the relations between the undertaker and the Company in respect of any protected property laid within this Order limits for the authorised development in force on the date on which this Order comes into force.

PART 2 — For the protection of Harbour Energy

Application

1

For the protection of the owners from time to time of the Calder Field which at the date stated in article 1 (citation and commencement) of this Order is Harbour Energy, unless otherwise agreed in writing between the undertaker and the owner the provisions of this Part of this Schedule shall have effect until completion of all activities required under any statutory decommissioning plan required under the Petroleum Act 1998 in relation to the Calder Field.

Interpretation

2

In this Part of this Schedule—

“cable” means the power and telecommunications cables connecting the Calder Platform to the Central Processing Platform 1 complex located in the South Morecambe Field (United Kingdom Continental Shelf block 110/3a) shown purple and annotated as Calder to CPP1 on the Harbour Protective Provisions Plan;

“Calder Field” means the Calder offshore gas field which underlies United Kingdom Continental Shelf block 110/7a;

“Calder Field Facilities” means the facilities and infrastructure pertaining to the Calder Field;

“Calder Platform” means the normally unattended, minimum facilities wellhead platform located in the United Kingdom Continental Shelf block 110/7a D;

“coexistence agreement” means an agreement entered into on reasonable terms between the undertaker and the owner in respect of the authorised development and the owner’s works to reconcile and protect the interests of the parties as are known at the time;

“CPP1” means the manned Central Processing Platform hub complex located in the United Kingdom Continental Shelf Block 110/2a, 110/3a and 110/8a;

“Harbour Energy” means Chrysaor Resources (Irish Sea) Limited, a subsidiary of Harbour Energy PLC;

“Harbour Protective Provisions Plan” means the plan certified as the Harbour Protective Provisions Plan by the Secretary of State under article 12 (certification of documents and plans etc.) of this Order;

“licence” means United Kingdom Petroleum Production Licence P099;

“ministerial statement” means the written statement given by the Secretary of State for Energy and Climate Change to the UK Parliament regarding Crown Estate Leases for Offshore Renewables Projects on 12 July 2011, or any similar supplementary or replacement policy;

“owner” means the owners from time to time of the Calder Field, which at the date stated in article 1 (citation and commencement) of this Order is Harbour Energy;

“owner’s works” means any exploration, appraisal, development, production, maintenance, interventions or decommissioning activity in accordance with and pursuant to the licence or any statutory decommissioning plan required under the Petroleum Act 1998 in relation to the Calder Field Facilities;

“pipeline and cable proximity area” means the area five hundred meters (500m) either side and directly above the pipeline and cable, shown edged pink and annotated as the pipeline and cable proximity area on the Harbour Protective Provisions Plan;

“pipeline” means— the 3″ Rivers onshore terminal to Calder chemical pipeline with pipeline reference number PL1965; and the 24″ Calder to Rivers onshore terminal gasp pipeline with pipeline reference number PL1966, shown green and annotated as the Calder to Rivers Onshore Terminal (PL1966) and Rivers Onshore Terminal to Calder (PL1965) on the Harbour Protective Provisions Plan, together with any associated umbilicals, plant and equipment serving those pipelines;

“relevant activities” means all development activity relating to the carrying on of the undertaker’s and owner’s businesses within or adjacent to— the pipeline and cable proximity area; the WTG and OSP aviation buffer zone; the WTG and OSP marine buffer zone; or the WTG marine corridor, as the case may be, including (but not limited to) the preparation of development proposals, the submission of applications for statutory consents associated with those proposals and consultation in respect thereof, or the acquisition of or application for new oil or gas blocks;

“temporary surface infrastructure” means any fixed temporary infrastructure to be used in the construction, operation and maintenance, and decommissioning of the authorised development including, but not limited to, jack up barges and buoys, but does not include temporary surface infrastructure in transit;

“WTG and OSP aviation buffer zone” means— a circular area of three point seven six nautical miles (3.76 nm) of clear airspace measured from the nearest outer extremity edge of the Calder Platform to any tip from any wind turbine generator located within this Order limits and extending vertically from mean sea level; and a circular area three point seven six nautical miles (3.76 nm) of clear airspace measured from the nearest outer extremity edge of CPP1 to any tip from any wind turbine generator located within this Order limits; each as shown edged dashed purple annotated as the WTG and OSP aviation buffer zone on the Harbour Protective Provisions Plan;

“WTG and OSP marine buffer zone” means an area of one nautical mile (1 nm) measured from the outer extremity edge of the Calder Platform and extending vertically from mean sea level shown edged in light green and annotated and shown as the WTG and OSP marine buffer zone on the Harbour Protective Provisions Plan;

“WTG marine corridor” means a one nautical mile (1 nm) wide corridor of clear sea space between the Calder Platform and CPP1 edged in dark green and annotated and shown as the WTG marine corridor on the Harbour Protective Provisions Plan.

Restriction on authorised development

3

(1) No wind turbine generator, offshore substation platform or temporary surface infrastructure shall be erected in the pipeline and cable proximity area, the WTG and OSP marine buffer zone or the WTG marine corridor unless otherwise agreed in writing between the owner and the undertaker.

(2) In the case of temporary surface infrastructure the owner may not unreasonably withhold consent where the undertaker has been reasonably requested to place temporary infrastructure in the pipeline and cable proximity area, the WTG and OSP marine buffer zone or the WTG marine corridor by a statutory consultee.

4

Prior to 1st January 2029, no wind turbine generator or offshore substation platform shall be erected in the WTG and OSP aviation buffer zone unless otherwise agreed in writing between the owner and the undertaker.

5

The restrictions in paragraphs 3 and 4 in the WTG and OSP aviation buffer zone, WTG and OSP marine buffer zone, and WTG marine corridor shall cease to have effect if the Secretary of State, having consulted with the owner, has confirmed in writing that the Calder Field Facilities have been decommissioned.

Coexistence agreement

6

Prior to the commencement of construction of the authorised development, the undertaker and the owner shall use reasonable endeavours to enter into a coexistence agreement (which includes provision for proximity agreements on standard UK oil and gas industry terms and arrangements for coordinating marine access and simultaneous operations).

Provision of information

7

Without prejudice to any other rights or obligations under this Part of this Schedule the owner and the undertaker shall from time to time keep each other informed of relevant activities such that the owner and the undertaker may seek to agree solutions to allow those activities to successfully co-exist as far as reasonably practicable until completion of activities required under any statutory decommissioning plan required under the Petroleum Act 1998 in relation to the Calder Field Facilities.

Cooperation

8

The undertaker and the owner 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.

9

Nothing in this Part of this Schedule shall affect any rights or obligations or assessment of compensation in accordance with the ministerial statement and any associated guidance.

Arbitration

10

Any difference arising between the undertaker and the owner under this Part shall be referred to and settled by arbitration under article 15 (arbitration).

PART 3 — For the protection of Spirit Energy Production UK Limited

Application

1

For the protection of the licensee from time to time of the United Kingdom petroleum production licenses with references P.251, P.1483 and P.153 (as the same may be assigned, amended or replaced from time to time) which at the date stated in article 1 (citation and commencement) of this Order is Spirit Energy Production UK Limited, the provisions of this Part of this Schedule shall have effect for so long as any of the said licences shall remain extant unless otherwise agreed in writing between the undertaker and the licensee.

Interpretation

2

In this Part of this Schedule—

“additional costs” means any additional costs reasonably and properly incurred and evidenced by the licensee in carrying out the licensee’s operations (which for the avoidance of doubt includes decommissioning operations) caused by the construction, operation or decommissioning of the authorised development (and includes all reasonable costs incurred by the licensee in engaging and retaining such experts, consultants and contractors as may be reasonably necessary to allow the licensee to carry out its operations under the licence) but excluding any costs prior to 1 June 2029 and consequential loss;

“AP-1 helideck” means the helideck located on the accommodation platform at CPC the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) AP-1 helideck53° 50’ 44.348” N003° 35’ 00.579” W

“authorised development” has the same meaning as in Schedule 1 of this Order and shall include any part of the said works including any preparatory works;

“cable” means the power and telecommunications cables connecting CPC to the DP3 wells shown terracotta pink and annotated as CPC to DP3 on the Spirit Protective Provisions Plan;

“Calder Platform” means the normally unattended, minimum facilities wellhead platform located in the United Kingdom Continental Shelf Block 110/7a D;

“cessation of production” or “COP” means the date on which production from the relevant field/reservoir permanently ceases for whatever reason, as formally notified to the Oil and Gas Authority of the United Kingdom (trading as the North Sea Transition Authority);

“consequential loss” means, with the exception of foreseeable losses— any consequential or indirect loss under English law; or any of the following in each case whether direct or indirect to the extent that these are not included in (a)— loss or damage arising out of any delay, postponement, interruption or loss of production of hydrocarbons, any inability to produce, process or deliver hydrocarbons or any loss of or anticipated loss of use, profit or revenue (for the avoidance of doubt the undertaker and licensee do not consider such to be foreseeable losses); loss or damage incurred or liquidated or pre-estimated damages of any kind whatsoever borne or payable under any contract for sale, exchange, transportation, processing, storage or other disposal of hydrocarbons (for the avoidance of doubt the undertaker and licensee do not consider such to be foreseeable losses); loss of expectation or opportunity; or any other loss or anticipated loss or damage whatsoever in the nature of or consequential upon the foregoing, in either case (a) or (b) above howsoever caused or arising whether under contract, by virtue of any fiduciary duty, in tort or delict (including negligence), as a consequence of breach of any duty (statutory or otherwise) or under any other legal doctrine or principle whatsoever whether or not recoverable at common law or in equity and whether or not foreseeable at the date stated in article 1 (citation and commencement) of this Order;

“CPC” means the hydrocarbon production and processing facilities complex known generally as such or the Central Processing Complex located in the United Kingdom Continental Shelf Block 110/2a, 110/3a and 110/8a;

“DP-1 helideck” means the helideck located on drilling production platform 1 located at CPC the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) DP-1 helideck53° 50’ 45.272” N003° 34’ 50.140” W

“DP-6 helideck” means the helideck located on drilling production platform 6 the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) DP-6 helideck53° 51’ 50.155” N003° 37’ 04.993” W

“DP-8 helideck” means the helideck located on drilling production platform 8 the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) DP-8 helideck53° 53’ 26.724” N003° 37’ 27.233” W

“foreseeable losses” means losses, damages, costs, or expenses suffered by the licensee that arise naturally from, out of, or relating to the construction, operation, maintenance, repair, replacement and decommissioning of the authorised development (or any part thereof) or the failure of it (or any part thereof) that were reasonably contemplated by the undertaker and licensee at 4 November 2025, including, but without limitation to the forgoing— losses, damages, costs or expenses suffered by the licensee in respect of additional aviation and / or maritime resources (including walk-to-work vessels); and losses, damages, costs or expenses suffered by the licensee in respect of additional activities required to be performed in order for the licensee’s operations to be compliant with prevailing laws and regulations;

“helidecks” means the AP-1 helideck, the DP-1 helideck, the DP-6 helideck and the DP-8 helideck and “helideck” shall mean any one of them (as the context so requires);

“hydrocarbon free” means the condition of facilities, equipment or systems where the same have been cleaned and verified to contain hydrocarbon levels below the flammable threshold, in accordance with the Energy Institute’s EI15 guidance;

“interim to enduring aviation buffer change date” means the earlier of: (a) the date CPC is hydrocarbon free; or (b) 1 April 2031;

“legacy wells” means the legacy wells known as DP3 (C1-5), 110/3-3, 110/8-2, 110/8A-7, 110/8-2 Relief and 110/8a-C5 Relief, the coordinates for which are— WellsLatitudeLongitude DP3 (C1-5)53°49’0.6155”N3°33’36.1013”W110/3-353°50’15.4200”N3°34’50.9700”W110/8-253°49’40.9985”N3°33’22.7997”W110/8A-753°46’4.3984”N3°34’24.5556”W110/8-2 Relief53°49’57.1774”N3°33’23.0190”W110/8a-C5 Relief53°49’40.4140”N3°34’2.7666”W and “legacy well” shall mean any of them (as the context so requires);

“licence” means United Kingdom Petroleum Production Licence P.153, United Kingdom Petroleum Production Licence P.1483 and United Kingdom Petroleum Production Licence P.251 (as any or all of the same may be assigned, amended or replaced from time to time);

“licensee” means the holder from time to time of any of the licences, which at the date stated in article 1 (citation and commencement) of this Order is Spirit Energy Production UK Limited;

“licensee’s operations” means exploration, appraisal, development, production, transportation maintenance, repair replacement, interventions or decommissioning activity in accordance with and pursuant to the licence;

“O&G decommissioning date” means the date on which Offshore Petroleum Regulator for Environment and Decommissioning (or any successor body) confirms acceptance of the close-out reports for the decommissioning of Spirit Energy’s East Irish Sea assets under the licence;

“offshore substation platform” or “OSP” means Work No. 2(a) as defined in Part 1 of Schedule 1 to this Order but excluding transition pieces;

“pipeline” means— the decommissioned 24” gas Morecambe DP3 to CPC pipeline with pipeline reference number PL195; and the decommissioned 2” Morecambe CPC to DP3 pipeline with pipeline reference number PL205; shown purple and annotated as PL195 and PL205 on the Spirit Protective Provisions Plan, together with any associated umbilicals, plant and equipment serving those pipelines; “pipeline and cable proximity area” means the area five hundred meters (500m) either side and directly above the pipeline and cable measured from the centre line of the pipeline and cable, which is partially shown (insofar as the pipeline and cable are located within this Order limits) edged pink and annotated as the pipeline and cable proximity area on the Spirit Protective Provisions Plan;

“Spirit Protective Provisions Plan” means the plan dated 3 November 2025 with reference FLO-MOR-GIS-MAP038a-V3-Protective Provisions-Rev001 and certified as the Spirit Protective Provisions Plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“temporary surface infrastructure” means any fixed temporary infrastructure to be used in the construction, operation and maintenance, and decommissioning of the authorised development including, but not limited to, jack-up barges and buoys, but does not include— temporary surface infrastructure in transit; vessels undertaking geotechnical, geophysical or other surveys, or vessels undertaking sea bed preparation works (insofar as these are outside the WTG and OSP aviation enduring buffer zone, WTG and OSP marine buffer zone, WTG marine corridor, well buffer zone and pipeline and cable proximity area); and temporary surface infrastructure used for the construction of WTGs, offshore platforms, transition pieces or inter-array cables where the erection of such WTGs, offshore platforms, transition pieces or inter-array cables is permitted (at that time and in that place) by paragraph 3;

“TP and OSP aviation interim buffer zone” means a circular area of three nautical miles (3nm) of unobstructed airspace measured from each of the AP-1 helideck and DP-1 helideck in all directions and extending vertically from mean sea level shown edged light purple and annotated as the TP and OSP aviation interim buffer zone on the Spirit Protective Provisions Plan;

“transition piece” means the connecting piece of infrastructure which connects a foundation to a tower, any wind turbine generator foundation or any offshore substation platform foundation (none of which shall protrude from the water above a maximum of 30m above mean sea level);

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The Morecambe Offshore Windfarm Generation Assets Order 2025

PART 1 — Preliminary

Citation and commencement

1

Interpretation

2

PART 2 — Principal Powers

Development consent etc. granted by this Order

3

Operation of a generating station

4

Deemed marine licence under the 2009 Act

5

Power to maintain the authorised project

6

Benefit of this Order

7

PART 3 — Miscellaneous and general

Abatement of works abandoned or decayed

8

Saving provisions for Trinity House

9

Crown rights

10

Protective provisions

11

Certification of documents and plans, etc.

12

Service of notices

13

Requirements, appeals, etc.

14

Arbitration

15

Approvals

16

Compensation measures

17

Guarantees in respect of payment of compensation

18

SCHEDULE 1 — Authorised Project

PART 1 — Authorised Development

1

2

PART 2 — Ancillary works

1

SCHEDULE 2 — Requirements

Time limits

1

Design parameters

2

Aviation safety

3

Great Dun Fell, Lowther Hill and St Annes Primary Surveillance Radars

4

Operation of Blackpool Airport

5

Operation of Walney Aerodrome (Air Traffic Services)

6

Operation of Warton Aerodrome (Air Traffic Services)

7

Warton Aerodrome Primary Surveillance Radar

8

Air traffic services at Isle of Man Airport

9

Decommissioning

10

Port Access and Transport Plan

11

Skills and Employment Plan

12

Wake Effects

13

SCHEDULE 3 — Protective provisions

PART 1 — For the protection of offshore cables

1

2

3

4

5