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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

Source legislation.gov.uk

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“WTG and OSP aviation enduring buffer zone” means an area of one point nine nautical miles (1.9 nm) 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 green and annotated as the WTG and OSP aviation enduring buffer zone on the Spirit Protective Provisions Plan;

“WTG and OSP marine buffer zone” means an area of one point five nautical miles (1.5 nm) of unobstructed sea space measured from each of the AP-1 helideck and DP-1 helideck in all directions shown to its southern extent edged in orange and annotated as the WTG and OSP marine buffer zone on the Spirit Protective Provisions Plan; and

“WTG marine corridor” means a one nautical mile (1 nm) wide corridor of unobstructed sea space between the Calder Platform and the AP-1 helideck shown edged in dashed dark green and annotated as the WTG marine corridor on the Spirit Protective Provisions Plan.

Restriction on authorised development

3

(1) No wind turbine generator, inter-array cables (other than crossings by inter-array cables of the pipeline and cable proximity area that are the subject of a crossing agreement between the undertaker and the licensee which the parties shall use reasonable endeavours to agree), offshore substation platform, transition piece 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 licensee and the undertaker until (in the case of the WTG and OSP marine buffer zone and the WTG marine corridor only) after the O&G Decommissioning Date (the pipeline and cable proximity area remains for so long as the provisions of this Part of this Schedule shall have effect).

(2) No vessel or surface infrastructure or temporary surface infrastructure in transit by or attributable to the undertaker or its agents or contractors in exercising the powers conferred by this Order shall pass within five hundred metres (500 m) of any of the helidecks at any time nor within five hundred metres (500m) of any of the legacy wells whilst any rig or other vessel owned, controlled or instructed by the licensee, is present at this location unless otherwise agreed in writing between the licensee and the undertaker.

(3) In the case of temporary surface infrastructure the licensee may not unreasonably withhold consent where the undertaker has been reasonably requested to place temporary surface 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) No wind turbine generator, temporary surface infrastructure or offshore substation platform shall be erected in the WTG and OSP aviation interim buffer zone unless otherwise agreed in writing between the licensee and the undertaker until after the interim to enduring aviation buffer change date.

(5) No transition piece shall be erected in the WTG and OSP aviation interim buffer zone unless otherwise agreed between the licensee and the undertaker until after the earlier of the date of COP in respect of all fields/reservoirs supported by CPC or 1 July 2030.

(6) No transition piece shall be erected in the TP and OSP aviation interim buffer zone unless otherwise agreed between the licensee and the undertaker until after the interim to enduring aviation buffer change date.

(7) No wind turbine generator, inter-array cables, offshore substation platform, transition piece of temporary surface infrastructure shall be erected in the WTG and OSP aviation enduring buffer zone unless otherwise agreed in writing between the licensee and the undertaker until after the O&G Decommissioning Date.

(8) No wind turbine generator, inter-array cables, offshore substation platform, transition piece or temporary surface infrastructure shall be erected in any well buffer zone unless otherwise agreed in writing between the licensee and the undertaker.

Simultaneous Operations

4

(a) schedules of and scope of works;

(b) design specifications;

(d) methods of working;

(e) navigation routes; and

(f) a notifications procedure.

Cooperation

5

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

6

Without prejudice to any other rights or obligations under this Part of this Schedule the licensee and the undertaker shall (to the extent not already shared prior to the date of this Order coming into force) as soon as reasonably practicable following a request provide to the other programme information in relation to their development and decommissioning proposals and activities within or adjacent to this Order limits or any buffer zone (including in the case of the licensee the anticipated date of COP in respect of all fields/reservoirs supported by CPC and the date CPC is hydrocarbon free) and from time to time keep each other informed of any revisions to the previously provided programme such that the licensee and the undertaker may seek to agree solutions to allow those activities to successfully co-exist as far as reasonably practicable until the O&G Decommissioning Date.

Costs

7

(1) Subject to the terms of this paragraph, the undertaker must reimburse the licensee for any additional costs.

(2) The licensee must, as soon as reasonably practicable after incurring any additional costs pursuant to sub-paragraph (1) above, serve the undertaker with an itemised invoice or claim for the additional costs.

(3) Within 14 days of receipt of an itemised invoice or claim, the undertaker must—

(a) approve the amount of additional costs specified in the itemised invoice or claim; or

(b) dispute the amount of additional costs specified in the itemised invoice or claim (or that the licensee has not used reasonable endeavours to mitigate or minimise any such additional costs)

and notify the licensee that the undertaker will (if not resolved amicably pursuant to paragraph 1(2) of Schedule 5 to this Order) refer the matter to arbitration pursuant to paragraph 8 of this Part of this Schedule.

(4) Save where otherwise agreed in writing between the undertaker and the licensee, the undertaker must thereafter pay to the licensee the additional costs within 28 days of approving the amount of additional costs pursuant to sub-paragraph (3)(a) above or final decision and award of additional costs pursuant to arbitration.

(5) The licensee must use reasonable endeavours to mitigate in whole or in part and to minimise any additional costs.

Arbitration

8

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

PART 4 — For the protection of the Calder duty holder

Application

1

For the protection of Spirit Energy Production UK Limited as the duty holder of the Calder Platform, the provisions of this Part of this Schedule shall have effect for so long as the licence shall remain extant and Spirit Energy Production UK Limited remains duty holder of the Calder Platform unless otherwise agreed in writing between the undertaker and the duty holder.

Interpretation

2

In this Part of this Schedule—

“additional costs” means any additional costs reasonably and properly incurred and evidenced by the duty holder in carrying out the duty holder’s operations caused by the construction, operation or decommissioning of the authorised development (and includes all reasonable costs incurred by the duty holder in engaging and retaining such experts, consultants and contractors as may be reasonably necessary to allow the duty holder to carry out its operations) but excluding any costs incurred 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 the Calder Platform to CPC located in the South Morecambe Field (Block 110/3a) shown terracotta pink and annotated as Calder to CPP1 on the Spirit Protective Provisions Plan;

“Calder helideck” means the helideck located on the Calder Platform the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) Calder Helideck53° 48’ 26.462” N003° 39’ 48.682” W

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

“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 the duty holder 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 the duty holder 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;

“duty holder” means Spirit Energy Production UK Limited as duty holder of the Calder Platform;

“duty holder’s operations” means the operations and services provided by the duty holder to the licensee in accordance with and pursuant to an operating agreement between the duty holder and the licensee;

“duty holdership termination date” means the date that the duty holder ceases to provide operations and services to the licensee in accordance with and pursuant to an operating agreement between the duty holder and the licensee;

“foreseeable losses” means losses, damages, costs or expenses suffered by the duty holder 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 the duty holder at 4 November 2025, including, but without limitation to the forgoing— losses, damages, costs or expenses suffered by the duty holder in respect of additional aviation and / or maritime resources (including walk-to-work vessels); and losses, damages, costs or expenses suffered by the duty holder in respect of additional activities required to be performed in order for the duty holder’s operations to be compliant with prevailing laws and regulations;

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

“licence” means United Kingdom Petroleum Production Licence P.099 (as the same may be assigned, amended or replaced from time to time);

“licensee” means the holder from time to time of the licence, which at the date stated in article 1 (citation and commencement) of this Order is Harbour Energy;

“North East corner of the Calder Platform” means the north east corner of the Calder Platform the coordinates of which are— Location Lat WGS84 (DD MM SS.sss) Lon WGS84 (DD MM SS.sss) North East corner of the Calder Platform53° 48’ 27.021” N003° 39’ 47.105” W

“O&G decommissioning date” means the date on which the Offshore Petroleum Regulator for Environment and Decommissioning (or any successor body) confirms acceptance of the close-out reports for the decommissioning of Harbour Energy’s 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 3” Rivers onshore terminal to Calder chemical pipeline with pipeline reference number PL1965; and the 24” Calder to Rivers onshore terminal gas pipeline with pipeline reference number PL1966 shown purple and annotated as the Calder to Rivers Onshore Terminal (PL1966) and Rivers Onshore Terminal to Calder (PL1965) 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 (Calder) buffer zone, WTG and OSP marine (Calder) buffer zone, WTG marine corridor, and pipeline and cable proximity area); or 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;

“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 30 m above mean sea level);

“wind turbine generator” or “WTG” means Work No. 1(a) as defined in Part 1 of Schedule 1 to this Order excluding transition pieces;

“WTG and OSP aviation interim (Calder) buffer zone” means an area of three point seven two nautical miles (3.72 nm) of airspace measured from the Calder helideck in all directions and extending vertically from mean sea level shown dashed blue and annotated as the WTG and OSP aviation interim (Calder) buffer zone on the Spirit Protective Provisions Plan;

“WTG and OSP aviation enduring (Calder) buffer zone” means an area of one point five nautical miles (1.5 nm) of unobstructed airspace measured from the Calder helideck in all directions and extending vertically from mean sea level shown yellow and annotated as the WTG and OSP aviation enduring (Calder) buffer zone on the Spirit Protective Provisions Plan;

“WTG and OSP marine (Calder) buffer zone” means an area of one point five nautical miles (1.5 nm) of unobstructed sea space measured from the North East corner of the Calder Platform in all directions shown edged in dashed orange and annotated as the WTG and OSP marine (Calder) buffer zone on the Spirit Protective Provisions Plan; and

“WTG marine corridor” means a one nautical mile (1 nm) wide corridor of unobstructed sea space between the Calder Platform and the AP-1 helideck shown edged in dashed dark green and annotated as the WTG marine corridor on the Spirit Protective Provisions Plan.

Restriction on authorised development

3

(1) No wind turbine generator, inter-array cables (other than crossings by inter-array cables in the pipeline and cable proximity area that are the subject of a crossing agreement between the undertaker and the licensee or duty holder (as relevant) which the parties shall use reasonable endeavours to agree), offshore substation platform, transition piece or temporary surface infrastructure shall be erected in the pipeline and cable proximity area, the WTG and OSP marine (Calder) buffer zone, the WTG and OSP aviation enduring (Calder) buffer zone, or the WTG marine corridor unless otherwise agreed in writing between the duty holder and the undertaker until (only in the case of the WTG and OSP marine (Calder) buffer zone and the WTG marine corridor) after the earlier of either the duty holdership termination date or 1 January 2031 (the WTG and OSP aviation enduring (Calder) buffer zone and pipeline and cable proximity area remain for so long as the provisions of this Part of this Schedule shall have effect).

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

(3) No wind turbine generator or offshore substation platform shall be erected in the WTG and OSP aviation interim (Calder) buffer zone unless otherwise agreed in writing between the duty holder and the undertaker until after the earlier of either the duty holdership termination date or 1 January 2031.

(4) No transition piece, inter-array cables or temporary surface infrastructure shall be erected in the WTG and OSP aviation interim (Calder) buffer zone unless otherwise agreed in writing between the duty holder and the undertaker until after the earlier of either the duty holdership termination date or 1 January 2030.

(5) No vessel or surface infrastructure or temporary surface infrastructure in transit by or attributable to the undertaker or its agents or contractors in exercising the power of this Order shall pass within five hundred metres (500m) of the North East corner of the Calder Platform unless otherwise agreed in writing between the duty holder and the undertaker.

Simultaneous operations

4

Prior to commencement of construction of the authorised development, the undertaker and the duty holder shall use reasonable endeavours to agree arrangements in a co-existence agreement incorporating relevant standard UK oil and gas industry proximity agreement terms for the coordination of access and simultaneous operations to include (but not be limited to) the provision of—

(a) schedules of and scope of works;

(b) design specifications;

(d) methods of working;

(e) navigation routes; and

(f) a notifications procedure.

Cooperation

5

The undertaker and the duty holder 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 Part of this Schedule.

Costs

6

(1) Subject to the terms of this paragraph, the undertaker must reimburse the duty holder for any additional costs.

(2) The duty holder must, as soon as reasonably practicable after incurring any additional costs pursuant to sub-paragraph (1) above, serve the undertaker with an itemised invoice or claim for the additional costs.

(3) Within 14 days of receipt of an itemised invoice or claim, the undertaker must—

(a) approve the amount of additional costs specified in the itemised invoice or claim; or

(b) dispute the amount of additional costs specified in the itemised invoice or claim (or that the duty holder has not used reasonable endeavours to mitigate or minimise any such additional costs) and notify the duty holder that the undertaker will (if not resolved amicably pursuant to paragraph 1(2) of Schedule 5 to this Order) refer the matter to arbitration pursuant to paragraph 7 of this Part of this Schedule.

(4) Save where otherwise agreed in writing between the undertaker and the duty holder, the undertaker must thereafter pay to the duty holder the additional costs within 28 days of approving the amount of additional costs pursuant to sub-paragraph (3)(a) above or final decision and award of additional costs pursuant to arbitration.

(5) The duty holder must use reasonable endeavours to mitigate in whole or in part and to minimise any additional costs.

Arbitration

7

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

PART 5 — For the protection of the MNZ licence holder

Application

1

For the protection of the licensee from time to time of Carbon Capture Appraisal and Storage licence CS010 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 the licence remains extant unless otherwise agreed in writing between the undertaker and the licensee.

Interpretation

2

In this Part of this Schedule—

“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 CPC to DP3 on the MNZ Protective Provisions Plan;

“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;

“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 licence” means Carbon Capture Appraisal and Storage licence CS010 (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 the licence, which at the date stated in article 1 (citation and commencement) of this Order is Spirit Energy Production UK Limited;

“MNZ Protective Provisions Plan” means the plan dated 3 November 2025 with reference FLO-MOR-GIS-MAP039a-V3-Protective Provisions-Rev001 and certified as the MNZ Protective Provisions Plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“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—

(a) the decommissioned 24” gas DP3 to CPC pipeline with pipeline reference number PL195; and

(b) the decommissioned 2” CPC to DP3 pipeline with pipeline reference number PL205; shown purple and annotated as PL195 & PL205 on the MNZ 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 MNZ Protective Provisions Plan;

“proposed CCS injection platform” means the licensee’s proposed injection platform, to be located in the position marked “SM W 2” shown with a red circle edged black and annotated as SM W 2 on the MNZ Protective Provisions Plan;

“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 outside the WTG and OSP aviation CCS enduring buffer zone, WTG and OSP marine CCS buffer zone, well buffer zone and pipeline and cable proximity area); or 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.

“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 30 m above mean sea level);

“well buffer zone” means— in respect of each legacy well DP3 (C1-5) 110/8-2 and 110-8a-C5 Relief a five hundred metre (500m) radius buffer shown by pale blue shading edged grey and annotated as well buffer zone on the MNZ Protective Provisions Plan; and in respect of legacy well 110/8A-7 a five hundred metre (500m) radius buffer of clear seabed space shown by pale blue shading edged grey and annotated as well buffer zone on the MNZ Protective Provisions Plan but with exception that wind turbine generator blades would be permitted to over sail up to the limit of a four hundred metre (400m) radius buffer shown hatched light purple and edged purple and annotated as the well over sail buffer zone on the MNZ Protective Provisions Plan;

“well cable buffer zone” means a five hundred metre (500m) radius buffer zone around the legacy wells shown hatched dark green and annotated as the well cable buffer zones on the MNZ Protective Provisions Plan;

“wind turbine generator” or “WTG” means Work No. 1(a) as defined in Part 1 of Schedule 1 to this Order but excluding transition pieces;

“WTG and OSP aviation CCS enduring buffer zone” means an area of one point nine nautical miles (1.9 nm) of unobstructed airspace measured from the proposed CCS injection platform in all directions and extending vertically from mean sea level shown edged blue and annotated as the WTG and OSP aviation CCS enduring buffer zone on the MNZ Protective Provisions Plan;

“WTG and OSP marine CCS buffer zone” means an area of one point five nautical miles (1.5 nm) of unobstructed sea space measured from the proposed CCS injection platform in all directions and shown edged in light green and annotated as the WTG and OSP marine CCS buffer zone on the MNZ Protective Provisions Plan.

Restriction on authorised development

3

(1) No wind turbine generator, inter-array cables (other than crossings by inter-array cables of the pipeline and cable proximity area that are the subject of a crossing agreement between the undertaker and licensee), offshore substation platform, transition piece or temporary surface infrastructure shall be erected in the pipeline and cable proximity area or the WTG and OSP marine CCS buffer zone unless otherwise agreed in writing between the licensee and the undertaker.

(2) No vessel or surface infrastructure or temporary surface infrastructure in transit by or attributable to the undertaker or its agents or contractors in exercising the power of this Order shall pass within five hundred metres (500m) of any of the proposed CCS injection platform at any time nor within five hundred metres (500m) of any of the legacy wells (whilst any rig or other vessel owned, controlled or instructed by the licensee, is present at this location) unless otherwise agreed in writing between the licensee and the undertaker.

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

(4) No wind turbine generator, inter-array cables, offshore substation platform, transition piece or temporary surface infrastructure shall be erected in the WTG and OSP aviation CCS enduring buffer zone unless otherwise agreed in writing between the licensee and the undertaker.

(5) No wind turbine generator, inter-array cables, offshore substation platform, transition piece or temporary surface infrastructure shall be erected in any well buffer zone unless otherwise agreed in writing between the licensee and the undertaker.

(6) No new cable associated with the authorised development shall be laid within the well cable buffer zone.

Simultaneous operations

4

Prior to commencement of construction of the authorised development, the undertaker and the licensee shall use reasonable endeavours to agree arrangements in a co-existence agreement incorporating relevant standard UK oil and gas industry proximity agreement terms for the coordination of access and simultaneous operations to include (but not be limited to) the provision of; schedules of and scope of works; design specifications; proposed timing of the execution of works; methods of working; navigation routes; and a notifications procedure.

Cooperation

5

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

6

Without prejudice to any other rights or obligations under this Part of this Schedule the licensee and the undertaker shall as soon as reasonably practicable following a request provide to the other programme information in relation to their development proposals and activities within or adjacent to this Order limits or any buffer zone and from time to time keep each other informed of any revisions to the previously provided programme such that the licensee and the undertaker may seek to agree solutions to allow those activities to successfully co-exist as far as reasonably practicable.

Arbitration

7

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

PART 6 — For the protection of Stena Line Limited

Application

1

For the protection of Stena Line the following provisions, unless otherwise agreed at any time between the undertaker and Stena Line, have effect.

Interpretation

2

In this Part of this Schedule—

“authorised development” has the same meaning as in Schedule 1 of this Order;

“commence” has the same meaning as in article 2 of this Order and commencement is construed to have the same meaning;

“Liverpool to Belfast route” means the base case passage plan which proceeds to the east of the Isle of Man and east of the Calder CA1 platform taken by Stena Line vessels transiting from the Port of Liverpool to the Port of Belfast;

“specified works” means any construction or decommissioning of the authorised development which is reasonably likely to be situated on, over, under or within 1.5 nautical miles measured in any direction of the Liverpool to Belfast route operated by Stena Line;

“Stena Line” means Stena Line Limited, a limited company registered in England & Wales under Company No. 01402237 and having its registered office at First Floor, 6 Arlington Street, London, England, SW1A 1RE; and

“vessel traffic management plan” means the vessel traffic management plan that is submitted in accordance with the outline vessel traffic management plan as required by condition 9(j) of Schedule 6 of this Order.

Consultation and notification

3

The undertaker must notify Stena Line of the intended start date and the likely duration of the carrying out of any specified work at least 28 days prior to the commencement of any specified work and have regard to any response received from Stena Line.

4

The undertaker must notify Stena Line at least 28 days prior to the commencement of any specified works that involve the installation of subsea cable circuits and subsea cable ducts, such written notice to include full details of the location of any subsea cable circuits and subsea cable ducts and any other apparatus, equipment or infrastructure that is to be inserted in the underwater environment.

Vessel Traffic Management Plan

5

The undertaker must consult Stena Line before submitting the vessel traffic management plan to any licensing authority and the undertaker must have regard to any response received from Stena Line in respect of the vessel traffic management plan.

Co-operation and reasonableness

6

The undertaker and Stena Line must act reasonably in respect of any given term of this Part of this Schedule and, in particular, (without prejudice to generality) where any consent or expression of satisfaction is required by this Part of this Schedule it must not be unreasonably withheld or delayed.

Miscellaneous

7

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Stena Line in respect of the authorised development provided that the terms of the relevant enactment or agreement are not inconsistent with the provisions of this Order, including this Part of this Schedule. In the case of any inconsistency, the provisions of this Order, including this Part of this Schedule, prevail.

8

Any dispute arising between the undertaker and Stena Line under this Part of this Schedule is to be determined by arbitration in accordance with article 15 (arbitration).

SCHEDULE 4 — Approval of matters specified in requirements

Interpretation

1

In this Schedule—

“application” means an application for any consent, agreement or approval required by a requirement whether or not the application seeks to discharge a requirement in whole or in part; and

“discharging authority” means any body responsible for giving any consent, agreement or approval required by a requirement included in Schedule 2 (requirements), or for giving any consent, agreement or approval further to any document referred to in any such requirement; and

“requirement consultee” means any body named in a requirement as a body to be consulted by the discharging authority in discharging that requirement.

Applications made under requirements

2

(1) Where an application has been made to the discharging authority for any agreement or approval required pursuant to a requirement included in this Order, the discharging authority must give notice to the undertaker of their decision on the application, including the reasons for that decision, within a period of eight weeks beginning with—

(a) the day immediately following that on which the application is received by the discharging authority; or

(b) where further information is requested under paragraph 3 the working day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed by the undertaker and the discharging authority.

(2) Where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

Further information

3

(1) Where an application has been made under paragraph 2 the discharging authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

(2) If the discharging authority considers further information is needed, and the requirement does not specify that consultation with a requirement consultee is required, it must, within 10 working days of receipt of the application, notify the undertaker specifying the further information required.

(3) If the requirement indicates that consultation must take place with a requirement consultee, the discharging authority must issue the consultation to the requirement consultee within five working days of receipt of the application. Where the requirement consultee requires further information, they must notify the discharging authority specifying the further information required within 10 days of receipt of the consultation. The discharging authority must notify the undertaker specifying any further information requested by the requirement consultee within five working days of receipt of such a request.

(4) In the event that the discharging authority does not give such notification as specified in sub- paragraphs (2) or (3), it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Provision of information by requirement consultees

4

(1) Any requirement consultee who receives a consultation under paragraph 3(3) must respond to that request within 28 days from receipt unless sub-paragraph (2) of this paragraph applies.

(2) Where any requirement consultee requests further information in accordance with the timescales set out in paragraph 3(3) then they must respond to the consultation within ten working days from the receipt of the further information requested.

Appeal

5

(1) The undertaker may appeal in the event that—

(a) the discharging authority refuses an application for any consent, agreement or approval required by—

(i) a requirement included in this Order; or

(ii) a document referred to in any requirement contained in Schedule 2 (requirements);

(b) the discharging authority does not determine such an application within the time period set out in paragraph 2(1) of this Schedule, or grants it subject to conditions;

(c) a request is made for further information pursuant to paragraph 3 of this Schedule, and the undertaker considers that either the whole or part of the specified information requested by the discharging authority or the requirement consultee is not necessary for consideration of the application; or

(d) any further information is requested, and the discharging authority notifies the undertaker upon receipt that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

(2) The appeal process is to be as follows—

(a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 2(1), giving rise to the appeal referred to in sub-paragraph (1);

(b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any requirement consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”);

(c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (“the appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2);

(d) the discharging authority and any requirement consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within ten working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(e) the appeal parties must make any counter-submissions to the appointed person within ten working days of receipt of written representations pursuant to sub-paragraph (2)(d); and

(f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable following the deadline for the receipt of counter-submissions pursuant to sub-paragraph (2)(e).

(3) The appointment of the appointed person may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2).

(5) Any further information required under sub-paragraph (4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the discharging authority and any requirement consultee required to be consulted pursuant to the requirement that is the subject of the appeal on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that date. The revised timetable for the appeal must require submission of written representations to the appointed person within ten working days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (2)(e).

(6) On an appeal under this sub-paragraph, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of the decision or not).

(7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.

(8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

(9) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if those proceedings are brought by a claim for judicial review.

(10) If an approval is given by the appointed person pursuant to this paragraph, it is to be deemed to be an approval for the purpose of Schedule 2 (requirements) as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

(11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

(12) The appointed person may, following application by the discharging authority or the undertaker, or in the absence of such application, give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

SCHEDULE 5 — Arbitration rules

Primary objective

1

(1) The primary objective of these arbitration rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within four months from the date the arbitrator is appointed pursuant to article 15 (arbitration) of this Order.

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

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

Time periods

2

(1) All time periods in these arbitration rules will be measured in working days.

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

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

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

Timetable

3

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

(2) Within 15 days of the arbitrator being appointed, the claimant must provide both the respondent and the arbitrator with—

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

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

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

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

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

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

(4) Within five days of the respondent serving its statements under sub-paragraph (3), the claimant may make a statement of reply by providing both the respondent and the arbitrator with—

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

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

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

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

Procedure

4

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

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

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

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

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

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

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

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

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

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

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

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

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

Arbitrator’s powers

5

(1) The arbitrator has all the powers of the Arbitration Act 1996[^f00026], including the non- mandatory sections, save where modified by these rules.

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

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

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

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

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

Costs

6

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

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

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

Confidentiality

7

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

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

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

SCHEDULE 6 — Deemed Marine Licence under the 2009 Act: Morecambe Offshore Windfarm Generation Assets

PART 1 — Licensed marine activities

Interpretation

1

(1) In this marine licence—

“2004 Act” means the Energy Act 2004[^f00027];

“2008 Act” means the Planning Act 2008[^f00028];

“2009 Act” means the Marine and Coastal Access Act 2009[^f00029];

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

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

“authorised deposits” means the substances and articles specified in paragraph (4) of Part 1 of this licence;

“authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order that is development within the meaning of section 32 (meaning of “development”) 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[^f00030];

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

“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 the cable or laid alongside;

“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;

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

“condition” means a condition in Part 2 of this licence;

“decommissioning programme” has the meaning given by section 105(2) of the 2004 Act[^f00031];

“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;

“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;

“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;

“licensed activities” means those activities specified in Part 1 of this licence;

“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 this licence or any successor of that function;

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

“MCMS” means the Marine Case Management System web portal provided and operated by the MMO;

“MGN654” means MGN654 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” (or any equivalent guidance that replaces or supersedes it) and its annexes;

“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;

“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 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;

“operation” means the undertaking of activities authorised by this Order which are not part of the construction, commissioning or decommissioning of the authorised project;

“Order” means The Morecambe Offshore Windfarm Generation Assets Order 2025;

“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” plan 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 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 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 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;

“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[^f00032] or its equivalent in the Conservation of Offshore Marine Habitats and Species Regulations 2017[^f00033];

“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;

“UKHO” means the United Kingdom Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

“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;

“WGS84” means the World Geodetic System 1984;

“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- tube(s), 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 a bank holiday in England and Wales.

(2) In this licence a reference to any statute, order, regulation or similar instrument is 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.

(3) In this licence, unless otherwise indicated—

(a) all times are Greenwich Mean Time;

(b) all coordinates are latitude and longitude degrees and minutes to two decimal places;

(d) the expression “includes” is to be construed without limitation.

(4) Unless otherwise stated or agreed with the MMO, all submissions, notifications and communications must be sent by the undertaker to the MMO using MCMS. Except where otherwise notified by the relevant organisation, the addresses for correspondence for the purposes of this Schedule are—

(a) Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244

(b) Historic England

4th Floor

Cannon Bridge House

25 Dowgate Hill

London

EC4R 2YA

Tel: 0161 242 1416

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Email: marine.consents@marinemanagement.org.uk

Tel: 0300 123 1032

(d) Marine Management Organisation (local office)

Lutra House

Dodd Way

Walton Summit

Preston

PR5 8BX

Email: preston@marinemanagement.org.uk

Telephone: 0208 0265643

(e) Maritime and Coastguard Agency

UK Technical Services Navigation

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Email: navigationsafety@mcga.gov.uk

(f) Natural England

Foss House

Kings Pool

1-2 Peasholme Green

York

YO1 7PX

(g) Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900

(h) United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900

Email: navwarnings@btconnect.com

Details of licensed marine activities

2

Subject to the licence conditions at Part 2, this licence authorises the undertaker (and any agent or contractor acting on its behalf) to carry out the following licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act—

(a) the deposit at sea of the substances and objects specified in paragraph 4 below;

(b) the construction of works in or over the sea or on or under the seabed;

(d) site clearance and preparation works including debris, sandwave clearance, boulder clearance and the removal of out of service cables and static fishing equipment; and

(e) the disposal of up to 1,416,463 cubic metres of inert material of natural origin within this Order limits produced during construction, operation and maintenance at disposal site references to be provided to the MMO within this Order limits.

3

Such activities are authorised in relation to the construction, operation, maintenance and otherwise carrying on of—

Work No. 1— a an offshore wind generating station with a gross electrical output capacity of more than 100 MW comprising 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; and in connection with the licensed activities in Work No. 1 and Work No. 2 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 project and which fall within the scope of the work assessed by the environmental statement and the provisions of this licence, including— a scour protection around the foundations of the offshore structures; b cable protection measures; c the removal of material from the seabed and the disposal of inert material of natural origin within this Order limits produced during seabed preparation for and installation of foundations and cables (including sandwave clearance and seabed levelling) and boulder clearance; d removal of out of service cables and static fishing equipment; and e disposal of drill arisings in connection with any foundation drilling up to a total of 55,865 cubic metres. and the following ancillary works which are within this Order limits and which fall within the scope of the work assessed by the environmental statement comprising— a moorings or other means of accommodating vessels in the construction or maintenance of the authorised project; and b marking buoys, beacons, fenders and other navigational warning or ship impact protection works.

4

The substances and objects authorised for deposit at sea are—

(a) iron, steel, copper and aluminium;

(b) stone and rock;

(d) sand and gravel;

(e) plastic and synthetic;

(f) material extracted from within this Order limits during construction drilling or seabed preparation for foundation works, cable preparation works (including sandwave clearance) and cable installation works; and

(g) marine coatings, other chemicals and timber.

5

The activities set out in paragraph 3 are to be located within the area delineated by the coordinates shown on the offshore order limits and grid coordinates plan and listed in Table 3 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
6	53° 46′ 45.95836718″ N	003° 40′ 53.89383116″ W

6

This licence remains in force until the authorised project has been decommissioned in accordance with a decommissioning programme approved by the Secretary of State under section 106 (approval of decommissioning programmes) of the 2004 Act, including any modification to the programme under section 108 (reviews and revisions of decommissioning programmes), and the completion of such programme has been confirmed by the Secretary of State.

7

The provisions of section 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence apply only to a transfer not falling within article 7 (benefit of order) of this Order.

8

Should the undertaker become aware that any of the information on which the granting of this licence was based was materially false or misleading, the undertaker musty notify the MMO of this fact as soon as is reasonably practicable. The undertaker must explain in writing which information was materially false or misleading and must provide to the MMO the correct information.

PART 2 — Conditions

Design parameters

1

(1) The authorised project must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 4.

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 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

Maintenance of the authorised project

2

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

(2) Maintenance works include but are not limited to—

(a) major wind turbine component or offshore substation platform replacement;

(b) painting and applying other coatings to wind turbine generators, foundation structures (including transition pieces) or offshore substation platforms;

(d) cable remedial burial;

(e) cable repairs and replacement;

(f) cable protection and scour protection replenishment or replacement;

(g) access ladder and boat landing replacement;

(h) anode replacement in connection with any wind turbine generator, offshore substation platform or foundation; and

(i) J-tube repair/replacement.

(3) No maintenance works authorised by this licence may be carried out until an offshore operation and maintenance plan in accordance with the outline offshore operation and maintenance plan has been submitted to and approved by the MMO.

(4) All maintenance works must be carried out in accordance with the approved offshore operation and maintenance plan unless otherwise agreed by the MMO.

(5) An annual maintenance report must be submitted to the MMO within one month following the first anniversary of the date of first operation of the authorised development (notified in accordance with paragraph 18 (completion of construction) of this licence) and every year thereafter until the permanent cessation of operation.

(6) The annual maintenance report in sub-paragraph (5) must provide a record of the licensed activities during the preceding year, the timing of activities and methodologies used.

(7) Every fifth year, the undertaker must submit to the MMO, within one month of the anniversary of the date of first operation of authorised development (notified in accordance with paragraph 18 (completion of construction) of this licence), a consolidated maintenance report which will—

(a) include a review of licensed activities undertaken during the preceding five years with reference to the reports submitted in accordance with sub-paragraph (5); and

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

Extension of time periods

3

Any time period given in this licence to either the undertaker or the MMO may be extended with the agreement of the other party such agreement not to be unreasonably withheld or delayed.

Notifications and inspections

4

(1) The undertaker must ensure that—

(a) a copy of this licence and any subsequent amendments or revisions to it is provided to—

(i) all agents and contractors notified to the MMO in accordance with condition 13;

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 13;

(b) within 28 days of receipt of a copy of this licence and any subsequent amendments or revisions to it those persons referred to in sub-paragraph (1)(a) must confirm receipt of this licence to the MMO.

(2) Only those persons and vessels notified to the MMO in accordance with condition 13 are permitted to carry out the licensed activities.

(3) Copies of this licence must also be available for inspection at the following locations—

(a) the undertaker’s registered address;

(b) any site office located at or adjacent to the construction site and used by the undertaker or its agents and contractors responsible for the loading, transportation or deposit of the authorised deposits; and

(c) on board each vessel and at the office of any transport manager with responsibility for vessels from which authorised deposits or removals are to be made.

(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an authorised enforcement officer at the locations set out in sub-paragraph (3)(b).

(5) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during the construction, operation and maintenance of the authorised project.

(6) The undertaker must inform the MMO local office at least five days prior to the commencement of the licensed activities or any part of them and within five days of the completion of the licensed activity.

(7) The undertaker must inform the Kingfisher Information Service of Seafish by email to kingfisher@seafish.co.uk of details of the vessel routes, timings and locations relating to the construction of the authorised project or relevant part—

(a) at least 14 days prior to the commencement of licensed activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

(b) on completion of construction of all licensed activities,

and confirmation of notification must be provided to the MMO within five days.

(8) The undertaker must ensure that a notice to mariners is issued at least 14 days prior to the commencement of the authorised project advising of the start date of Work No. 1 and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UKHO within five days.

(9) The undertaker must ensure that notices to mariners are updated and reissued at regular intervals during construction activities and at least five days before any planned operation and maintenance works (or otherwise agreed) and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 9(1)(b). Copies of all notices must be provided to the MMO and UKHO within five days.

(10) The undertaker must notify UKHO of completion (within 14 days) of construction of the authorised project or any part thereof in order that all necessary amendments to nautical charts are made. Copies of all notices must be provided to the MMO and MCA within five days.

(11) In case of damage to, or destruction or decay of, the authorised project or any part thereof, excluding the exposure of cables, the undertaker must as soon as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the MMO, MCA, Trinity House, the Kingfisher Information Service of Seafish, and UKHO, and issue a notice to regional fisheries contacts and mariners.

(12) In case of the exposure of cables on or above the seabed, the undertaker must within three days following identification of a potential cable exposure, notify regional fisheries contacts and mariners and inform the Kingfisher Information Service of Seafish of the location and extent of exposure. Copies of all notices must be provided to the MMO, MCA, Trinity House, and UKHO within five days.

5

(1) The undertaker must during the whole of the period from commencement of construction of the authorised project to completion of decommissioning of the authorised project exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation, as Trinity House may from time to time direct.

(2) The undertaker must during the whole of the period from commencement of construction of the authorised project to completion of decommissioning of the authorised project keep Trinity House and the MMO informed of progress of the authorised project including—

(a) notice of commencement of construction of the authorised project within 24 hours of commencement having occurred;

(b) notice within 24 hours of any aids to navigation being established by the undertaker; and

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