Legalize / United Kingdom / Statutory-Instrument

The Rampion 2 Offshore Wind Farm Order 2025

Type Statutory-Instrument

Publication 2025-04-04

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

5

(1) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(2) The undertaker must not exercise the powers conferred by sections 217 or 272 of the 1990 Act, article 34 (statutory undertakers), article 26 (power to override easements and other rights) or article 25 (private rights over land), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(3) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.

(4) The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.

(5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions but it shall never be unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion).

(6) The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.

6

(1) The undertaker must before commencing construction of any specified work, supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.

(2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated their disapproval of those plans and the grounds of such disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer shall be deemed to have approved the plans as submitted.

(3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

(4) When signifying their approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation, de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to their reasonable satisfaction.

7

(1) Any specified work and any protective works to be constructed by virtue of paragraph 6(4) must, when commenced, be constructed—

(a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 6;

(b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

(d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.

(2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

8

The undertaker must—

(a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

(b) supply the engineer with all such information as they may reasonably require with regard to a specified work or the method of constructing it.

9

Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part of this Schedule during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

10

(1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction or completion of a specified work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker 56 days’ notice (or in the event of an emergency or safety critical issue such notice as is reasonable in the circumstances) of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 6(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

(3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 11(a), provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

(4) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph.

11

The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

(a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 6(3) or in constructing any protective works under the provisions of paragraph 6(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work;

(c) in respect of the employment or procurement of the services of any inspectors, signallers, watch-persons and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

(d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and

(e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

12

(1) In this paragraph—

“EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

(2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 6(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

(3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)—

(a) the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 6(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

(b) Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (a); and

(c) Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (a).

(5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 6(1) has effect subject to the sub-paragraph.

(6) Prior to the commencement of operation of the authorised development, the undertaker shall test the use of the authorised development in a manner that shall first have been agreed with Network Rail and if, notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

(7) In the event of EMI having occurred—

(a) the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI;

(b) Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI;

(c) Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI; and

(d) the undertaker shall not allow the use or operation of the authorised development in a manner that has caused or will cause EMI until measures have been taken in accordance with this paragraph to prevent EMI occurring.

(8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraphs (5) or (6)—

(a) Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus;

(b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 7.

(9) To the extent that it would not otherwise do so, paragraph 16(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

(10) For the purpose of paragraph 11(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

(11) In relation to any dispute arising under this paragraph the reference in article 46 (arbitration) to the Secretary of State shall be read as a reference to the Institution of Engineering and Technology.

13

If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

14

The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

15

Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.

16

(1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule (subject to article 52 (no double recovery)) which may be occasioned to or reasonably incurred by Network Rail—

(a) by reason of the construction, maintenance or operation of a specified work or the failure thereof;

(b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work;

(c) by reason of any act or omission of the undertaker or any person in its employ or of its contractors or others whilst accessing to or egressing from the authorised development;

(d) in respect of any damage caused to or additional maintenance required to railway property or any such interference or obstruction or delay to the operation of the railway as a result of access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others; or

(e) in respect of costs incurred by Network Rail in complying with any railway operational procedures or obtaining any regulatory consents which procedures are required to be followed or consents obtained to facilitate the carrying out or operation of the authorised development,

and the undertaker must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision shall not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from liability under the provisions of this sub-paragraph.

(2) Network Rail must—

(a) give the undertaker reasonable written notice of any such claims or demands;

(b) not make any settlement or compromise of such a claim or demand without the prior consent of the undertaker; and

(c) take such steps as are within its control and are reasonable in the circumstances to mitigate any liabilities relating to such claims or demands.

(3) The sums payable by the undertaker under sub-paragraph (1) shall if relevant include a sum equivalent to the relevant costs.

(4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

(5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

(6) In this paragraph—

“the relevant costs” means the costs, losses and expenses (but excluding loss of revenue) reasonably incurred by each train operator as a consequence of any specified work including but not limited to any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and

“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.

17

Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 16) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs).

18

In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.

19

The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

(a) any railway property shown on the works and land plans onshore and described in the book of reference;

(b) any lands, works or other property held in connection with any such railway property; and

(c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

20

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

21

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 5 (benefit of the Order) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

(a) the nature of the application to be made;

(b) the extent of the geographical area to which the application relates; and

22

The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 49 (certification of plans and documents etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified by Network Rail.

23

In relation to any dispute arising under this part of this Part of this Schedule (except for those disputes referred to in paragraph 12) the provisions of article 46 (arbitration) shall not apply and any such dispute, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) to the President of the Institution of Civil Engineers.

PART 7 — FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

Application etc

1

(1) The provisions of this Part of this Schedule apply for the protection of National Highways and have effect unless otherwise agreed in writing between the undertaker and National Highways.

(2) Except where expressly amended by the Order the operation of the powers and duties of National Highways or the Secretary of State under the 1980 Act, the 1984 Act, the 1991 Act, the Transport Act 2000, or the Town and Country Planning (General Permitted Development) (England) Order 2015 which shall continue to apply in respect of the exercise of all National Highways’ statutory functions.

Interpretation

2

(1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (2) the latter prevail.

(2) In this Part of this Schedule—

“as built information” means one electronic copy of the following information— as constructed drawings in both PDF and AutoCAD DWG formats for anything designed by the undertaker; in compliance with Interim Advice Note 184 or any successor document; list of suppliers and materials used, as well as any relevant test results and CCTV surveys (if required to comply with DMRB standards); product data sheets and technical specifications for all materials used; as constructed information for any utilities discovered or moved during the works; method statements for the works carried out; in relation to road lighting, signs, and traffic signals any information required by Series 1300 and 1400 of the Specification for Highway Works or any replacement or modification of it; organisation and methods manuals for all products used; as constructed programme; test results and records; a stage 3 road safety audit subject to any exceptions to the road safety audit standard as agreed by the undertaker and National Highways; the health and safety file; and such other information as is reasonably required by National Highways to be used to update all relevant databases and to ensure compliance with National Highway’s Assett Data Management Manual as is in operation at the relevant time;

“the bond sum” means the sum equal to 200% of the cost of the carrying out the specified works (to include all costs plus any commuted sum) or such other sum agreed between the undertaker and National Highways;

“the cash surety” means the sum agreed between the undertaker and National Highways;

“condition survey” means a survey of the condition of National Highways structures and assets within the Order limits that may be affected by the specified works;

“contractor” means any contractor or subcontractor appointed by the undertaker to carry out the specified works;

“defects period” means the period from the date of the provisional certificate to the date of the final certificate which shall be no less than 12 months from the date of the provisional certificate;

“detailed design information” means details of the following where applicable to the specified works— site clearance details; boundary, environmental and mitigation fencing; road restraints systems and supporting road restraint risk appraisal process assessment; drainage and ducting as required by DMRB CD 534 Drainage asset data and risk management and DMRB CS551 Drainage surveys – standards for Highways; earthworks including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification; pavement, pavement foundations, kerbs, footways and paved areas; traffic signs and road markings; traffic signal equipment and associated signal phasing and timing detail; road lighting (including columns and brackets); regime of California Bearing Ratio testing; electrical work for road lighting, traffic signs and signals; motorway communications as required by DMRB; highway structures and any required structural approval in principle; landscaping; proposed departures from DMRB standards; walking, cycling and horse riding assessment and review report; stage 1 and stage 2 road safety audits and exceptions agreed; utilities diversions; topographical survey; maintenance and repair strategy in accordance with DMRB GD304 Designing health and safety into maintenance or any replacement or modification of it; health and safety information including any asbestos survey required by GG105 or any successor document; and other such information that may be required by National Highways to be used to inform the detailed design of the specified works;

“DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of it;

“final certificate” means the certificate relating to those aspects of the specified works that have resulted in any alteration to the strategic road network to be issued by National Highways pursuant to paragraph 14;

“the health and safety file” means the file or other permanent record containing the relevant health and safety information for the specified works required by the Construction Design and Management Regulations 2015 (or such updated or revised regulations as may come into force from time to time);

“nominated persons” means the undertaker’s representatives or the contractor’s representatives on site during the carrying out of the specified works as notified to National Highways from time to time;

“programme of works” means a document setting out the sequence and timetabling of the specified works;

“provisional certificate” means the certificate of provisional completion relating to those aspects of the specified works that have resulted in any alteration to the strategic road network to be issued by National Highways in accordance with paragraph 10 when it considers the specified works are substantially complete and may be opened for traffic;

“road safety audit” means an audit carried out in accordance with the road safety audit standard;

“road safety audit standard” means DMRB Standard HD GG119 or any replacement or modification of it;

“road space booking” means road space bookings in accordance with National Highways’ Asset Management Operational Requirements (AMOR) including Network Occupancy Management System (NOMS) used to manage road space bookings and network occupancy;

“Specification for Highways Works” means the specification for highways works forming part of the manual of contract documents for highway works published by National Highways and setting out the requirements and approvals procedures for work, goods or materials used in the construction, improvement or maintenance of the strategic road network;

“specified works” means Work No. 13 and Work No. 9 in so far as that work affects the strategic road network, including highways works and signalisation, authorised by this Order including any maintenance of that work, as is undertaken on, in, under or over the strategic road network for which National Highways is the highway authority;

“strategic road network” means any part of the road network including trunk roads, special roads or streets for which National Highways is the highway authority including drainage infrastructure, street furniture, verges and vegetation and all other land, apparatus and rights located in, on, over or under the highway; and

“utilities” means any pipes wires cables or equipment belonging to any person or body having power or consent to undertake street works under the New Roads and Street Works Act 1991.

General

3

For the purposes of any approvals required under this Part of this Schedule the undertaker shall liaise directly with National Highways.

4

Notwithstanding the limits of deviation permitted pursuant of this Order, no works in carrying out, maintaining or diverting the specified works may be carried out under the strategic road network at a distance within 4 meters of the lowest point of the ground.

5

References to any standards, manuals, contracts, regulations and directives including to specific standards forming part of the DMRB are, for the purposes of this Part of this Schedule, to be construed as a reference to the same as amended, substituted or replaced, and with such modifications as are required in those circumstances.

Works outside the Order limits

6

If the undertaker proposes to carry out works to the strategic road network that are outside of the Order limits in connection with the authorised development, the undertaker must enter into an agreement with National Highways in respect of the carrying out of these works prior to the commencement of those works.

Prior approvals and security

7

(1) The specified works must not commence until—

(a) a stage 1 and stage 2 road safety audit has been carried out and all recommendations raised by them or any exceptions are approved by National Highways;

(b) the programme of works has been approved by National Highways;

(c) the detailed design of the specified works comprising of the following details, insofar as considered relevant by National Highways, has been submitted to and approved by National Highways—

(i) the detailed design information, incorporating all recommendations and any exceptions approved by National Highways under sub-paragraph (a);

(ii) details of the proposed road space bookings;

(iii) the identity and suitability of the contractor and nominated persons;

(iv) a process for stakeholder liaison; and

(v) information demonstrating that the walking, cycling and horse riding assessment and review process undertaken by the undertaker in relation to the specified works has been adhered to in accordance with DMRB GG142 – Designing for walking, cycling and horse riding;

(d) a scheme of traffic management has been submitted by the undertaker and approved by National Highways such scheme to be capable of amendment by agreement between the undertaker and National Highways from time to time;

(e) stakeholder liaison has taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under sub-paragraph (c)(iv) above;

(f) the undertaker has procured to National Highways collateral warranties in a form approved by National Highways from the contractor and designer of the specified works in favour of National Highways to include covenants requiring the contractor and designer to exercise all reasonable skill care and diligence in designing and constructing the specified works, including in the selection of materials, goods, equipment and plant; and

(g) a condition survey and regime of monitoring of any National Highways assets or structures that National Highways considers will be affected by the specified works, has been agreed in writing by National Highways.

(2) The undertaker must not exercise—

(a) article 4 (power to maintain the authorised project);

(b) article 9 (street works);

(d) article 17 (discharge of water);

(e) article 18 (protective work to buildings);

(f) article 19 (authority to survey and investigate the land onshore);

(g) article 22 (compulsory acquisition of land);

(h) article 24 (compulsory acquisition of rights and imposition of restrictive covenants);

(i) article 31 (temporary use of land for carrying out the authorised project);

(j) article 32 temporary use of land for maintaining the authorised project); or

(k) article 42 (felling or lopping of trees and removal of hedgerows) of this Order,

over any part of the strategic road network without the consent of National Highways, and National Highways may in connection with any such exercise require the undertaker to provide details of any proposed road space bookings and/or submit a scheme of traffic management for National Highways’ approval.

(3) National Highways must prior to the commencement of the specified works or the exercise of any power referenced in sub-paragraph (2) inform the undertaker of the identity of the person who will act as a point of contact on behalf of National Highways for consideration of the information required under sub-paragraphs (1) or (2).

(4) Any approval of National Highways required under this paragraph—

(a) must not be unreasonably withheld;

(b) must be given in writing; and

(5) Any change to the identity of the contractor and/or designer of the specified works will be notified to National Highways immediately and details of their suitability to deliver the specified works will be provided on request along with collateral warranties in a form agreed by National Highways.

(6) Any change to the detailed design of the specified works must be approved by National Highways in accordance with paragraph 7(1) of this Part.

Construction of the specified works

8

(1) The undertaker must give National Highways 28 days’ notice in writing of the date on which the specified works will start unless otherwise agreed by National Highways.

(2) The undertaker must comply with National Highways’ road space booking procedures prior to and during the carrying out of the specified works and no specified works for which a road space booking is required shall commence without a road space booking having first been secured from National Highways.

(3) The specified works must be carried out by the undertaker to the satisfaction of National Highways in accordance with—

(a) the relevant detailed design information and programme of works approved pursuant to paragraph 7(1) or as subsequently varied by agreement between the undertaker and National Highways;

(b) the DMRB, the Specification for Highway Works (contained within the Manual of Contract Documents for Highway Works), together with all other relevant standards as required by National Highways to include, inter alia, all relevant interim advice notes, the Traffic Signs Manual and the Traffic Signs Regulations and General Directions 2016 save to the extent that exceptions from those standards apply which have been approved by National Highways; and

(c) all aspects of the Construction (Design and Management) Regulations 2015 or any statutory amendment or variation of the same.

(4) The undertaker must permit and must require the contractor to permit at all reasonable times persons authorised by National Highways (whose identity must have been previously notified to the undertaker by National Highways) to gain access to the specified works for the purposes of inspection and supervision of the specified works.

(5) If any part of the specified works is constructed—

(a) other than in accordance with the requirements of this Part of this Schedule; or

(b) in a way that causes damage to the highway, highway structure or asset or any other land of National Highways,

Payments

9

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

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

(b) the supervision of the specified works;

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

(e) any value added tax which is payable by National Highways in respect of such costs and expenses and for which it cannot obtain reinstatement from HM Revenue and Customs,

together comprising “the NH costs”.

(2) National Highways must give the undertaker a final account of the NH costs referred to in sub-paragraph (1) within 91 days of the issue of the provisional certificate issued pursuant to paragraph 10(4).

(3) Within 28 days of the issue of the final account—

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

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

(4) If any payment due under any of the provisions of this Part of this Schedule is not made on or before the date on which it falls due the party from whom it was due must at the same time as making the payment pay to the other party interest at 3% above the Bank of England base lending rate from time to time being in force for the period starting on the date upon which the payment fell due and ending with the date of payment of the sum on which interest is payable together with that interest.

Provisional Certificate

10

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

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

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

(a) inspect the specified works; and

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

(4) When—

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

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

National Highways must issue the provisional certificate.

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

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

Opening

11

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

Final condition survey

12

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

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

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

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

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

Defects Period

13

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

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

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

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

Final Certificate

14

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

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

(a) inspect the strategic road network; and

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

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

(4) When National Highways is satisfied that—

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

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

Security

15

The specified works must not commence until—

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

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

Insurance

16

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

Indemnity

17

The undertaker fully indemnifies National Highways from and against all costs, claims, expenses, damages, losses and liabilities suffered by National Highways arising from the construction, maintenance or use of the specified works or exercise of or failure to exercise any power under this Order within 14 days of demand save for any loss arising out of or in consequence of any negligent act or default of National Highways.

Maintenance of the specified works

18

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

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

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

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

Land

19

The undertaker must not under the powers of this Order—

(a) acquire or use land forming part of;

(b) acquire new or existing rights over; or

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

Expert Determination

20

(1) Article 46 (arbitration) of the Order does not apply to this Part of this Schedule.

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

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

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

(5) The expert must—

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

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

(d) give reasons for the decision.

(6) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 46 (arbitration).

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

SCHEDULE 11 — DEEMED MARINE LICENCE UNDER THE 2009 ACT—GENERATION ASSETS

PART 1 — LICENSED MARINE ACTIVITIES

1

(1) In this licence—

“the 2004 Act” means the Energy Act 2004[^f00052];

“the 2008 Act” means the Planning Act 2008[^f00053];

“the 2009 Act” means the Marine and Coastal Access Act 2009[^f00054];

“array area” means that part of the offshore Order limits in which Work Nos. 1 and 2 may be undertaken as shown on the offshore works plan;

“array cable” means the network of offshore subsea cable circuits comprising Work No. 2 connecting the wind turbine generators in Work No. 1 to each other and to the offshore substations authorised pursuant to licence 2 (transmission);

“array periphery” means the outermost edge of the infrastructure to be constructed as Work No. 1 as described in Part 1 of Schedule 1 (authorised development) and identified in the design plan to be approved pursuant to condition 11 of the deemed marine licences;

“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 of the Order 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 scheme” means Work Nos. 1 and 2 together with any ancillary works described in paragraph 3 of Part 1 of this licence or any part of those works;

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

“cable crossings” means the crossing of existing subsea transmission cables or pipelines or other existing infrastructure by the array cables authorised by the Order together with physical protection measures including cable protection;

“cable protection” means measures for the protection of cable circuits from physical damage and exposure including but not limited to concrete mattresses and/or rock placement, bagged solutions filled with stone, rock or gravel, grout, concrete or other materials, and protective shells or sheaths;

“commence” means the first carrying out of any licensed marine activities or any part of the authorised scheme authorised by this marine licence, save for operations consisting of pre-construction surveys and monitoring approved under this licence and “commenced” and “commencement” must be construed accordingly;

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

“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands B75 7RL and any successor body to its functions;

“draft piling marine mammal mitigation protocol” means the document certified as the draft piling marine mammal mitigation protocol by the Secretary of State under article 49 (certification of plans and documents etc) of the Order;

“draft UXO marine mammal mitigation protocol” means the document certified as the draft UXO marine mammal mitigation protocol by the Secretary of State under article 49 (certification of plans and documents etc) of the Order;

“enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of Part 4 (marine licensing) of the 2009 Act;

“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order article 49 (certification of plans and documents etc);

“flow energy dissipation devices” means solutions that dissipate flow energy and entrap sediment, and including options such as frond mats, mats of large, linked hoops, and structures covered with long spikes;

“in-principle sensitive features mitigation plan” means the document certified as the in principle sensitive features mitigation plan by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);

“intrusive activities” means offshore activities including anchoring of vessels, jacking up of vessels, depositing soil and seabed clearance;

“Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO for the purposes of this licence;

“LAT” means lowest astronomical tide;

“licence 2 (transmission)” means the licence set out in Schedule 12 (deemed licence under the 2009 Act – transmission assets) of the Order;

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

“LiDAR” means the remote sensing method which uses light detection and ranging;

“maintain” includes inspect and survey, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace, to the extent assessed in the environmental statement; and derivatives of “maintain” must be construed accordingly;

“Marine Management Organisation” or “MMO” means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence or any successor in function;

“MCA” means the Maritime and Coastguard Agency;

“mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;

“monopile foundation” means a metal pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

“multileg foundation” means a lattice type structure constructed of steel, which may include scour protection and additional equipment such as, J-tubes, corrosion protection systems and access platforms;

“the offshore in-principle monitoring plan” means the document certified as the offshore in-principle monitoring plan by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);

“the offshore Order limits” means that part of the Order limits defined by the offshore Order limits and grid coordinates plan and set out in table 1 in Part 1 of Schedule 1 to the Order;

“the offshore Order limits and grid coordinates plan” means the plan certified as the offshore Order limits and grid coordinates plan by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);

“offshore substation” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks containing— electrical equipment required to switch, transform, convert electricity generated at the wind turbine generators to a higher voltage; and housing accommodation, storage, workshop auxiliary equipment, and facilities for operating, maintaining and controlling the substation or wind turbine generators;

“offshore works plan” means the plan certified as the offshore works plan by the Secretary of State pursuant to article 49 (certification of plans and documents etc) of the Order;

“Order” means the Rampion 2 Offshore Wind Farm Order 2025;

“outline cable burial risk assessment” means the document certified as the outline cable burial risk assessment by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

“outline cable specification and installation plan” means the document certified as the outline cable specification and installation plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

“outline diver communications plan” means the document certified as the outline diver communications plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

“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 for the purposes of the Order under article 49 (certification of plans and documents etc);

“outline marine written scheme of investigation” means the document certified as the outline offshore written scheme of investigation by the Secretary of State for the purpose of the Order under article 49 (certification of plans and documents etc);

“outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

“outline project environmental management plan” means the document certified as the outline offshore project environmental management plan by the Secretary of State for the purpose of the Order under article 49 (certification of plans and documents etc);

“outline scour protection and cable protection plan” means the plan or plans certified as the outline scour protection and cable protection plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);

“pin piles” means cylindrical metal piles driven and/or drilled into the seabed to secure multileg foundations;

“Rampion array area” means that part of the offshore Order limits in which Work Nos. 1 and 2, as defined in The Rampion Offshore Wind Farm Order 2014[^f00055], have been undertaken as approved by that Order;

“scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed using methods including rock or gravel placement, concrete mattresses, flow energy dissipation devices or bagged solutions;

“statutory historic body” means the Historic Buildings and Monuments Commission for England or its successor in function;

“statutory nature conservation body” means the appropriate nature conservation body as defined in regulation 5 of the Conservation of Habitats and Species Regulations 2017;

“suction bucket” means a steel cylindrical structure attached to the legs of a multileg foundation which partially or fully penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential;

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

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

“UXO” means unexploded ordnance;

“undertaker” means Rampion Extension Development Limited or such other person to whom the benefit of this licence is transferred pursuant to the terms of article 5 (benefit of the Order) of the Rampion 2 Offshore Windfarm Order 2025;

“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 or over water and which is at the time in, on or over water;

“VHF” means very high frequency;

“wind farm separation zones” means those parts of the array area within which Work No. 1. and Work No. 3(a) as permitted pursuant to licence 2 (generation) may not be constructed as shown on the offshore works plan;

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

“Working in Proximity to Wildlife in the Marine Environment Protocol” means the document certified as Appendix 10 – Further information for action point 42 -proximity to marine wildlife by the Secretary of State for the purpose of this Order under article 49 (certification of plans and documents etc).

(2) A reference to any statute, order, regulation or similar instrument 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.

(3) Unless otherwise indicated—

(a) all times are taken to be Greenwich Mean Time (GMT); and

(b) all co-ordinates are taken to be latitude and longitude degrees and minutes to two decimal places.

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence are—

(a) Marine Management Organisation

Marine Licensing Team

Lancaster House Hampshire Court

Newcastle Business Park

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032;

(b) Marine Management Organisation (local office)

Shoreham office

Pilots’ Watch House

Basin Road South

Portslade

West Sussex

BN41 1WD;

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900;

(d) The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900;

(e) Maritime and Coastguard Agency

UK Technical Services Navigation

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 020 3817 2554;

(f) Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244;

(g) Natural England

4th Floor

Foss House

1-2 Peasholme Green

York

YO1 7PX

Tel: 0300 060 4911;

(h) Historic England

4th Floor, Cannon Bridge House

25 Dowgate Hill

London

EC4R 2YA

Details of licensed marine activities

2

Subject to the licence conditions, this licence authorises the undertaker (and any agent or contractor acting on their 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 within the offshore Order limits of the substances and articles specified in paragraph 4;

(b) the disposal of up to 2,568,500 cubic metres of inert material of natural origin and/or dredged material produced during construction drilling or seabed preparation for foundation works comprising Work No. 1, other seabed and preparation and array cable installation works comprising Work No. 2 and the maintenance of such works within the part of the offshore Order limits comprising the array area and provided that such quantity of material permitted to be disposed must take account of and include material disposed of in the array area during the carrying out and maintenance of Work No. 3 as permitted pursuant to licence 2 (transmission);

(d) dredging for the purposes of seabed preparation for foundation works and/or electrical circuit works;

(e) the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation; and

(f) site clearance and preparation works including debris removal, levelling, boulder clearance works either by displacement ploughing or subsea grab technique or any other equivalent method and removal of static fishing equipment.

3

(1) Such activities are authorised in relation to the construction, maintenance and operation of the following in the locations shown on the offshore works plans—

(a) Work No. 1— an offshore wind turbine generating station which is to have a gross electrical output of over 100 megawatts and is to comprise no more than 90 wind turbine generators, with each wind turbine fixed to the seabed by either monopile foundation or multileg foundation and including a connection to the subsea cable circuits comprising Work no. 2(a) or 2(b).

(b) Work No. 2—

(i) a network of subsea cable circuits between the wind turbine generators comprising work No. 1;

(ii) a network of subsea cable circuits between the wind turbine generators comprising Work No. 1 and the offshore substations which may be constructed under licence 2 (transmission) as Work No. 3(a), including one or more cable crossings; and

(iii) connections into the offshore substations comprising Work No. 3(a) which may be constructed under licence 2 (transmission).

(2) In connection with such Work No. 1 and Work No. 2 and to the extent that they do not otherwise form part of any such work, further associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised scheme 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;

(d) the removal of material from the seabed and the disposal of inert material of natural origin within the Order limits produced during construction drilling, seabed preparation for foundation works, array cable installation preparation such as sandwave clearance, boulder clearance, and pre-trenching;

(e) removal of static fishing equipment; and

(f) such other works as may be necessary or expedient for the purpose of or in connection with the construction or use of the authorised project and which are within the scope of the environmental impact assessment recorded in the environmental statement.

(3) In connection with such Work Nos. 1 and 2 ancillary works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

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

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

4

The substances or articles authorised for deposit at sea are—

(a) iron and steel, copper and aluminium;

(b) stone and rock;

(d) sand and gravel;

(e) plastic and synthetic material;

(f) material extracted from within the offshore Order limits during construction drilling or seabed preparation for foundation works seabed preparation works and cable installation; and

(g) marine coatings, other chemicals and timber.

5

(1) The grid coordinates for that part of the offshore Order limits where those parts of the authorised project comprising Work No. 1 and 2(c) may be carried out as shown on the offshore works plans are specified below—

Point	Latitude	Longitude	Point	Latitude	Longitude
1	50° 39’ 1.7938″	-000° 36’ 8.7262″	71	50° 39’ 27.3702″	-000° 30’ 22.4457″
2	50° 39’ 24.3939″	-000° 33’ 40.8674″	72	50° 39’ 27.5636″	-000° 30’ 20.9233″
3	50° 39’ 38.5128″	-000° 32’ 8.3008″	73	50° 39’ 27.7675″	-000° 30’ 19.3961″
4	50° 39’ 38.0150″	-000° 32’ 7.9507″	74	50° 39’ 27.9818″	-000° 30’ 17.8647″
5	50° 39’ 37.5445″	-000° 32’ 7.5894″	75	50° 39’ 28.2064″	-000° 30’ 16.3295″
6	50° 39’ 37.0814″	-000° 32’ 7.2019″	76	50° 39’ 28.4413″	-000° 30’ 14.7911″
7	50° 39’ 36.6259″	-000° 32’ 6.7883″	77	50° 39’ 28.6863″	-000° 30’ 13.2497″
8	50° 39’ 36.1781″	-000° 32’ 6.3487″	78	50° 39’ 28.9415″	-000° 30’ 11.7061″
9	50° 39’ 35.7382″	-000° 32’ 5.8833″	79	50° 39’ 29.2067″	-000° 30’ 10.1605″
10	50° 39’ 35.3062″	-000° 32’ 5.3922″	80	50° 39’ 29.4819″	-000° 30’ 8.6135″
11	50° 39’ 34.8823″	-000° 32’ 4.8755″	81	50° 39’ 29.7669″	-000° 30’ 7.0655″
12	50° 39’ 34.4667″	-000° 32’ 4.3334″	82	50° 39’ 30.0618″	-000° 30’ 5.5171″
13	50° 39’ 34.0594″	-000° 32’ 3.7661″	83	50° 39’ 30.3663″	-000° 30’ 3.9686″
14	50° 39’ 33.6606″	-000° 32’ 3.1737″	84	50° 39’ 30.6804″	-000° 30’ 2.4206″
15	50° 39’ 33.2705″	-000° 32’ 2.5565″	85	50° 39’ 31.0041″	-000° 30’ 0.8735″
16	50° 39’ 32.8890″	-000° 32’ 1.9146″	86	50° 39’ 31.3371″	-000° 29’ 59.3278″
17	50° 39’ 32.5164″	-000° 32’ 1.2482″	87	50° 39’ 31.6795″	-000° 29’ 57.7840″
18	50° 39’ 32.1528″	-000° 32’ 0.5575″	88	50° 39’ 32.0310″	-000° 29’ 56.2425″
19	50° 39’ 31.7982″	-000° 31’ 59.8427″	89	50° 39’ 32.3917″	-000° 29’ 54.7039″
20	50° 39’ 31.4528″	-000° 31’ 59.1040″	90	50° 39’ 32.7613″	-000° 29’ 53.1685″
21	50° 39’ 31.1167″	-000° 31’ 58.3418″	91	50° 39’ 33.1398″	-000° 29’ 51.6369″
22	50° 39’ 30.7900″	-000° 31’ 57.5561″	92	50° 39’ 33.5271″	-000° 29’ 50.1095″
23	50° 39’ 30.4727″	-000° 31’ 56.7473″	93	50° 39’ 33.9230″	-000° 29’ 48.5867″
24	50° 39’ 30.1651″	-000° 31’ 55.9155″	94	50° 39’ 34.3275″	-000° 29’ 47.0691″
25	50° 39’ 29.8671″	-000° 31’ 55.0611″	95	50° 39’ 34.7403″	-000° 29’ 45.5571″
26	50° 39’ 29.5788″	-000° 31’ 54.1843″	96	50° 39’ 35.1614″	-000° 29’ 44.0512″
27	50° 39’ 29.3005″	-000° 31’ 53.2853″	97	50° 39’ 35.5907″	-000° 29’ 42.5518″
28	50° 39’ 29.0320″	-000° 31’ 52.3645″	98	50° 39’ 36.0279″	-000° 29’ 41.0593″
29	50° 39’ 28.7736″	-000° 31’ 51.4221″	99	50° 39’ 36.4731″	-000° 29’ 39.5743″
30	50° 39’ 28.5253″	-000° 31’ 50.4584″	100	50° 39’ 36.9260″	-000° 29’ 38.0972″
31	50° 39’ 28.2871″	-000° 31’ 49.4737″	101	50° 39’ 37.3865″	-000° 29’ 36.6284″
32	50° 39’ 28.0592″	-000° 31’ 48.4683″	102	50° 39’ 37.8544″	-000° 29’ 35.1684″
33	50° 39’ 27.8416″	-000° 31’ 47.4425″	103	50° 39’ 38.3297″	-000° 29’ 33.7176″
34	50° 39’ 27.6344″	-000° 31’ 46.3966″	104	50° 40’ 22.3750″	-000° 27’ 19.7685″
35	50° 39’ 27.4376″	-000° 31’ 45.3309″	105	50° 40’ 53.6018″	-000° 23’ 53.4563″
36	50° 39’ 27.2513″	-000° 31’ 44.2459″	106	50° 37’ 23.6536″	-000° 27’ 24.4299″
37	50° 39’ 27.0756″	-000° 31’ 43.1417″	107	50° 36’ 38.8171″	-000° 27’ 24.4229″
38	50° 39’ 26.9105″	-000° 31’ 42.0187″	108	50° 36’ 16.5551″	-000° 29’ 46.1531″
39	50° 39’ 26.7561″	-000° 31’ 40.8773″	109	50° 36’ 12.3786″	-000° 30’ 12.7043″
40	50° 39’ 26.6123″	-000° 31’ 39.7178″	110	50° 35’ 33.2206″	-000° 34’ 21.0588″
41	50° 39’ 26.4793″	-000° 31’ 38.5406″	111	50° 35’ 29.7384″	-000° 34’ 43.2949″
42	50° 39’ 26.3572″	-000° 31’ 37.3460″	112	50° 35’ 11.5476″	-000° 36’ 40.5405″
43	50° 39’ 26.2458″	-000° 31’ 36.1344″	113	50° 35’ 8.6938″	-000° 36’ 58.9128″
44	50° 39’ 26.1453″	-000° 31’ 34.9062″	114	50° 35’ 8.5860″	-000° 37’ 35.2466″
45	50° 39’ 26.0557″	-000° 31’ 33.6617″	115	50° 35’ 15.1952″	-000° 37’ 36.0920″
46	50° 39’ 25.9770″	-000° 31’ 32.4013″	116	50° 35’ 17.9985″	-000° 37’ 36.4578″
47	50° 39’ 25.9093″	-000° 31’ 31.1254″	117	50° 35’ 18.0869″	-000° 37’ 36.4693″
48	50° 39’ 25.8526″	-000° 31’ 29.8344″	118	50° 35’ 25.0537″	-000° 37’ 37.3783″
49	50° 39’ 25.8068″	-000° 31’ 28.5286″	119	50° 35’ 31.1113″	-000° 37’ 38.1688″
50	50° 39’ 25.7720″	-000° 31’ 27.2086″	120	50° 35’ 52.0407″	-000° 37’ 40.9002″
51	50° 39’ 25.7482″	-000° 31’ 25.8746″	121	50° 36’ 22.3039″	-000° 37’ 44.8508″
52	50° 39’ 25.7355″	-000° 31’ 24.5271″	122	50° 36’ 24.7136″	-000° 37’ 45.1655″
53	50° 39’ 25.7337″	-000° 31’ 23.1665″	123	50° 36’ 36.3272″	-000° 37’ 46.6819″
54	50° 39’ 25.7265″	-000° 30’ 47.1665″	124	50° 37’ 8.9157″	-000° 37’ 51.3889″
55	50° 39’ 25.7358″	-000° 30’ 45.7932″	125	50° 37’ 14.4423″	-000° 37’ 52.1326″
56	50° 39’ 25.7561″	-000° 30’ 44.4076″	126	50° 37’ 26.2596″	-000° 37’ 53.7231″
57	50° 39’ 25.7874″	-000° 30’ 43.0102″	127	50° 37’ 33.2783″	-000° 37’ 54.6678″
58	50° 39’ 25.8297″	-000° 30’ 41.6014″	128	50° 37’ 47.0466″	-000° 37’ 56.5213″
59	50° 39’ 25.8830″	-000° 30’ 40.1815″	129	50° 37’ 52.4650″	-000° 37’ 57.2507″
60	50° 39’ 25.9472″	-000° 30’ 38.7511″	130	50° 37’ 55.7250″	-000° 37’ 57.5509″
61	50° 39’ 26.0225″	-000° 30’ 37.3106″	131	50° 39’ 1.7938″	-000° 36’ 8.7262″
62	50° 39’ 26.1086″	-000° 30’ 35.8603″	132	50° 35’ 26.4347″	-000° 14’ 9.0079″
63	50° 39’ 26.2056″	-000° 30’ 34.4008″	133	50° 35’ 43.9510″	-000° 20’ 7.3806″
64	50° 39’ 26.3136″	-000° 30’ 32.9325″	134	50° 36’ 55.0393″	-000° 20’ 30.4937″
65	50° 39’ 26.4323″	-000° 30’ 31.4559″	135	50° 38’ 29.1370″	-000° 10’ 42.0738″
66	50° 39’ 26.5619″	-000° 30’ 29.9713″	136	50° 36’ 40.5733″	-000° 10’ 7.2790″
67	50° 39’ 26.7022″	-000° 30’ 28.4793″	137	50° 35’ 56.8348″	-000° 12’ 29.9698″
68	50° 39’ 26.8532″	-000° 30’ 26.9803″	138	50° 35’ 46.1905″	-000° 13’ 4.6597″
69	50° 39’ 27.0149″	-000° 30’ 25.4747″	139	50° 35’ 26.4347″	-000° 14’ 9.0079″
70	50° 39’ 27.1873″	-000° 30’ 23.9630″	140

(2) The grid coordinates for that part of the offshore Order limits where those parts of the authorised project comprising Work No. 2(a) and 2(b) may be carried out as shown on the offshore works plans are specified below—

Point	Longitude	Latitude	Point	Longitude	Latitude
1	50° 39’ 52.3821″	-000° 30’ 37.2248″	48	50° 39’ 22.9375″	-000° 11’ 0.1216″
2	50° 41’ 11.3500″	-000° 21’ 55.8599″	49	50° 39’ 22.9921″	-000° 10’ 59.8545″
3	50° 39’ 53.9451″	-000° 21’ 30.9561″	50	50° 39’ 23.0026″	-000° 10’ 59.8032″
4	50° 38’ 43.2945″	-000° 21’ 8.2445″	51	50° 39’ 23.0301″	-000° 10’ 59.6688″
5	50° 38’ 11.9503″	-000° 20’ 58.1743″	52	50° 39’ 23.0417″	-000° 10’ 59.6121″
6	50° 37’ 42.3197″	-000° 20’ 48.6579″	53	50° 39’ 23.0889″	-000° 10’ 59.3814″
7	50° 37’ 32.8206″	-000° 20’ 45.6028″	54	50° 36’ 40.5733″	-000° 10’ 7.2790″
8	50° 37’ 32.7858″	-000° 20’ 45.5916″	55	50° 35’ 56.8348″	-000° 12’ 29.9698″
9	50° 37’ 32.7633″	-000° 20’ 45.5843″	56	50° 35’ 46.1905″	-000° 13’ 4.6597″
10	50° 37’ 22.7987″	-000° 20’ 42.3409″	57	50° 35’ 44.4347″	-000° 14’ 9.0079″
11	50° 38’ 31.7775″	-000° 16’ 26.9705″	58	50° 35’ 44.1096″	-000° 20’ 10.6548″
12	50° 38’ 13.3226″	-000° 16’ 17.0707″	59	50° 36’ 25.6547″	-000° 21’ 2.8378″
13	50° 38’ 41.3993″	-000° 14’ 22.9538″	60	50° 36’ 27.9442″	-000° 21’ 5.7145″
14	50° 39’ 19.2087″	-000° 11’ 18.3535″	61	50° 36’ 33.7315″	-000° 21’ 12.9866″
15	50° 39’ 19.3373″	-000° 11’ 17.7245″	62	50° 36’ 36.0255″	-000° 21’ 15.9940″
16	50° 39’ 19.5025″	-000° 11’ 16.9170″	63	50° 36’ 42.3252″	-000° 21’ 24.2532″
17	50° 39’ 19.6186″	-000° 11’ 16.3492″	64	50° 36’ 50.0795″	-000° 21’ 34.4205″
18	50° 39’ 19.6908″	-000° 11’ 15.9965″	65	50° 37’ 0.5900″	-000° 21’ 48.2036″
19	50° 39’ 19.7648″	-000° 11’ 15.6344″	66	50° 37’ 2.6269″	-000° 21’ 50.8749″
20	50° 39’ 20.4130″	-000° 11’ 12.4655″	67	50° 37’ 26.1929″	-000° 22’ 21.7880″
21	50° 39’ 20.4164″	-000° 11’ 12.4490″	68	50° 37’ 27.1480″	-000° 22’ 23.0411″
22	50° 39’ 20.6912″	-000° 11’ 11.1054″	69	50° 36’ 38.8171″	-000° 27’ 24.4229″
23	50° 39’ 20.6985″	-000° 11’ 11.0695″	70	50° 36’ 16.5551″	-000° 29’ 46.1531″
24	50° 39’ 20.7558″	-000° 11’ 10.7896″	71	50° 36’ 12.3786″	-000° 30’ 12.7043″
25	50° 39’ 20.7809″	-000° 11’ 10.6668″	72	50° 35’ 33.2206″	-000° 34’ 21.0588″
26	50° 39’ 20.8160″	-000° 11’ 10.4952″	73	50° 35’ 29.7384″	-000° 34’ 43.2949″
27	50° 39’ 20.8413″	-000° 11’ 10.3711″	74	50° 35’ 11.5476″	-000° 36’ 40.5405″
28	50° 39’ 20.8647″	-000° 11’ 10.2572″	75	50° 35’ 8.6938″	-000° 36’ 58.9128″
29	50° 39’ 20.8985″	-000° 11’ 10.0916″	76	50° 35’ 8.5860″	-000° 37’ 35.2466″
30	50° 39’ 20.9320″	-000° 11’ 9.9280″	77	50° 35’ 15.1952″	-000° 37’ 36.0920″
31	50° 39’ 20.9471″	-000° 11’ 9.8539″	78	50° 35’ 17.9985″	-000° 37’ 36.4578″
32	50° 39’ 20.9846″	-000° 11’ 9.6706″	79	50° 35’ 18.0869″	-000° 37’ 36.4693″
33	50° 39’ 21.0187″	-000° 11’ 9.5038″	80	50° 35’ 25.0537″	-000° 37’ 37.3783″
34	50° 39’ 21.0425″	-000° 11’ 9.3875″	81	50° 35’ 31.1113″	-000° 37’ 38.1688″
35	50° 39’ 21.0907″	-000° 11’ 9.1519″	82	50° 35’ 32.0407″	-000° 37’ 40.9002″
36	50° 39’ 21.1078″	-000° 11’ 9.0682″	83	50° 36’ 22.3039″	-000° 37’ 44.8508″
37	50° 39’ 21.1552″	-000° 11’ 8.8368″	84	50° 36’ 24.7136″	-000° 37’ 45.1655″
38	50° 39’ 21.1689″	-000° 11’ 8.7697″	85	50° 36’ 36.3272″	-000° 37’ 46.6819″
39	50° 39’ 21.1691″	-000° 11’ 8.7686″	86	50° 37’ 8.9157″	-000° 37’ 51.3889″
40	50° 39’ 21.2393″	-000° 11’ 8.4254″	87	50° 37’ 14.4423″	-000° 37’ 52.1326″
41	50° 39’ 21.2579″	-000° 11’ 8.3344″	88	50° 37’ 26.2596″	-000° 37’ 53.7231″
42	50° 39’ 21.2943″	-000° 11’ 8.1562″	89	50° 37’ 33.2783″	-000° 37’ 54.6678″
43	50° 39’ 21.3304″	-000° 11’ 7.9801″	90	50° 37’ 47.0466″	-000° 37’ 56.5213″
44	50° 39’ 21.3412″	-000° 11’ 7.9272″	91	50° 37’ 52.4650″	-000° 37’ 57.2507″
45	50° 39’ 22.1787″	-000° 11’ 3.8321″	92	50° 37’ 55.7250″	-000° 37’ 57.5509″
46	50° 39’ 22.8501″	-000° 11’ 0.5488″	93	50° 39’ 1.7938″	-000° 36’ 8.7262″
47	50° 39’ 22.8994″	-000° 11’ 0.3078″	94	50° 39’ 24.3939″	-000° 33’ 40.8674″

6

This licence remains in force until the authorised project has been decommissioned in accordance with a 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, and the completion of such programme has been confirmed by the Secretary of State in writing.

7

The provisions of sections 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 only apply to a transfer not falling within article 5 (benefit of the Order) of the Order.

8

With respect to any condition which requires the authorised scheme or licensed activities to be carried out in accordance with the plans, protocols or statements approved under this licence, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the MMO.

9

Any amendments to or variations from the approved plans, protocols or statements must be in accordance with the principles and assessments set out in the environmental statement and approval for an amendment or variation may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the MMO that the amendment or variation is unlikely to give rise to any new or materially different environmental effects from those assessed in the environmental statement.

PART 2 — CONDITIONS

Design parameters

1

(1) The total number of wind turbine generators comprised in the authorised scheme must be no more than 90 having a total rotor swept area of no more than 4.45 square kilometres.

(2) Subject to sub-paragraph (3), each wind turbine generator forming part of the authorised scheme must have—

(a) a height of no more than 325 metres when measured from LAT to the tip of the vertical blade;

(b) a rotor diameter of no more than 295 metres;

(d) a distance of no less than 830 metres from the nearest wind turbine generator in all directions,

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