LegalizeThe Rampion 2 Offshore Wind Farm Order 2025
In this Schedule—
- “the appeal parties” means the discharging authority, the undertaker and any requirement consultees;
- “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday;
- “discharging authority” means the relevant body responsible for approving details pursuant to a requirement which is the subject of an appeal; and
- “requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging that requirement.
SCHEDULE 15 — 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 46 (arbitration) of the 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 relevant parties. Any dispute which is not resolved amicably by the senior management of the relevant parties within 20 business days of the dispute arising, or such longer period as agreed in writing by the parties, are to 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 business days and this will exclude weekends, bank and public holidays.
- (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)unless amended in accordance with paragraph 5(3).
- (2) Within 15 days of the arbitrator being appointed, the claimant is to 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 is to provide the claimant and the arbitrator with—
- (a) a written statement of defence responding to the claimant’s statement of claim, 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 issues (both factual and legal) and its contentions in relation to the issues;
- (b) all statements of evidence and copies of documents in response to the respondent’s submissions;
- (c) any expert report 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 is to 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 10 days of the arbitrator advising the parties that they 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 they consider is fair and reasonable in all the circumstances. The date for the hearing is to be not 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 may 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 10 days of the issues being provided; and
- (c) the form and content of a joint report will be as directed by the arbitrator.
- (7) Within 10 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 must 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 and/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[^f00063], including the non- mandatory sections, save where modified by these Rules.
- (2) There is to be no discovery or disclosure, except that the arbitrator will have 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 and/or procedure—
- (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; and
- (b) only for such a 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 are to 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 16 — DOCUMENTS TO BE CERTIFIED
PART 1 — DOCUMENTS FORMING PART OF THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED
| (1) Document Reference | (2) Examination Library Reference | (3) Document Name | (4) Version | (5) Date |
|---|---|---|---|---|
| 6.2.1 | REP6-119 | Environmental Statement – Volume 2 Chapter 1 Introduction | B | 01 August 2024 |
| 6.2.2 | REP6-141 | Environmental Statement – Volume 2 Chapter 2 Policy and Legislative context | B | 01 August 2024 |
| 6.2.3 | REP6-163 | Environmental Statement – Volume 2 Chapter 3 - Alternatives | B | 01 August 2024 |
| 6.2.4 | REP6-172 | Environmental Statement – Volume 2 Chapter 4 The Proposed Development | B | 01 August 2024 |
| 6.2.5 | REP6-173 | Environmental Statement – Volume 2 Chapter 5 Approach to the Environmental Impact Assessment | B | 01 August 2024 |
| 6.2.6 | REP6-175 | Environmental Statement – Volume 2 Chapter 6 Coastal processes | B | 01 August 2024 |
| 6.2.7 | REP6-177 | Environmental Statement – Volume 2 Chapter 7 Other marine users | B | 01 August 2024 |
| 6.2.8 | REP6-179 | Environmental Statement – Volume 2 Chapter 8 Fish and shellfish ecology | C | 01 August 2024 |
| 6.2.9 | REP6-181 | Environmental Statement – Volume 2 Chapter 9 Benthic, subtidal and intertidal ecology | D | 01 August 2024 |
| 6.2.10 | REP6-121 | Environmental Statement – Volume 2 Chapter 10 Commercial fisheries | B | 01 August 2024 |
| 6.2.11 | Post-examination | Environmental Statement – Volume 2 Chapter 11 Marine mammals (clean) | F | December 2024 |
| 6.2.12 | REP6-125 | Environmental Statement – Volume 2 Chapter 12 Offshore and intertidal ornithology | B | 01 August 2024 |
| 6.2.13 | REP6-127 | Environmental Statement – Volume 2 Chapter 13 Shipping and navigation | B | 01 August 2024 |
| 6.2.14 | REP6-129 | Environmental Statement – Volume 2 Chapter 14 Civil and military aviation | B | 01 August 2024 |
| 6.2.15 | REP6-131 | Environmental Statement – Volume 2 Chapter 15 Seascape, landscape and visual impact assessment | B | 01 August 2024 |
| 6.2.16 | REP6-133 | Environmental Statement – Volume 2 Chapter 16 Marine archaeology | C | 01 August 2024 |
| 6.2.17 | REP6-135 | Environmental Statement – Volume 2 Chapter 17 Socioeconomics | B | 01 August 2024 |
| 6.2.18 | REP6-137 | Environmental Statement – Volume 2 Chapter 18 Landscape and visual impact | C | 01 August 2024 |
| 6.2.19 | REP6-139 | Environmental Statement – Volume 2 Chapter 19 Air quality | B | 01 August 2024 |
| 6.2.20 | REP6-143 | Environmental Statement – Volume 2 Chapter 20 Soils and agriculture | B | 01 August 2024 |
| 6.2.21 | REP6-145 | Environmental Statement – Volume 2 Chapter 21 Noise and vibration (clean) | C | 01 August 2024 |
| 6.2.22 | REP6-147 | Environmental Statement – Volume 2 Chapter 22 Terrestrial ecology and nature conservation | D | 01 August 2024 |
| 6.2.23 | REP6-149 | Environmental Statement – Volume 2 Chapter 23 Transport | B | 01 August 2024 |
| 6.2.24 | REP6-151 | Environmental Statement – Volume 2 Chapter 24 Ground conditions | B | 01 August 2024 |
| 6.2.25 | REP6-153 | Environmental Statement – Volume 2 Chapter 25 Historic environment (clean) | D | 01 August 2024 |
| 6.2.26 | REP6-155 | Environmental Statement – Volume 2 Chapter 26 Water environment | B | 01 August 2024 |
| 6.2.27 | REP6-157 | Environmental Statement – Volume 2 Chapter 27 Major accidents and disasters | B | 01 August 2024 |
| 6.2.28 | REP6-159 | Environmental Statement – Volume 2 Chapter 28 Population and human health | B | 01 August 2024 |
| 6.2.29 | REP6-161 | Environmental Statement – Volume 2 Chapter 29 Climate change | B | 01 August 2024 |
| 6.2.30 | REP6-165 | Environmental Statement – Volume 2 Chapter 30 Inter-related effects | B | 01 August 2024 |
| 6.2.31 | REP6-167 | Environmental Statement – Volume 2 Chapter 31 Summary | B | 01 August 2024 |
| 6.2.32 | REP6-169 | Environmental Statement – Volume 2 Chapter 32 ES Addendum | C | 01 August 2024 |
| 6.3.1 | APP-073 | Environmental Statement – Volume 3 Chapter 1 Introduction - Figures | A | 08 August 2023 |
| 6.3.1.1 | APP-073 | Rampion 2 ES Volume Figure 1.1 Proposed DCO Order limits | A | 08 August 2023 |
| 6.3.2 | APP-074 | Environmental Statement – Volume 3 Chapter 2 Policy and legislative context – figures | A | 08 August 2023 |
| 6.3.3 | REP6-190 | Environmental Statement – Volume 3 Chapter 3 Alternative – figures | B | 01 August 2024 |
| 6.3.4 | APP-076 | Environmental Statement – Volume 3 Chapter 4 The Proposed Development – Figures (Part 1 of 2) | A | 08 August 2023 |
| 6.3.4 | APP-077 | Environmental Statement – Volume 3 Chapter 4 The Proposed Development – Figures (Part 2 of 2) | A | 08 August 2023 |
| 6.3.5 | APP-078 | Environmental Statement – Volume 3 Chapter 5 Approach to the Environmental Impact Assessment (EIA) – Figures | A | 08 August 2023 |
| 6.3.6 | APP-079 | Environmental Statement – Volume 3 Chapter 6 Coastal processes – figures | A | 08 August 2023 |
| 6.3.7 | APP-080 | Environmental Statement – Volume 3 Chapter 7 Other marine users – figures | A | 08 August 2023 |
| 6.3.8 | REP6-191 | Environmental Statement – Volume 3 Chapter 8 Fish and shellfish – Figures | C | 01 August 2024 |
| 6.3.9 | REP2-010 | Environmental Statement – Volume 3 Chapter 9 Benthic, subtidal and intertidal ecology - figures | B | 20 March 2024 |
| 6.3.10 | APP-083 | Environmental Statement – Volume 3 Chapter 10 Commercial fisheries – figures | A | 08 August 2023 |
| 6.3.11 | APP-084 | Environmental Statement – Volume 3 Chapter 11 Marine Mammals - figures | A | 08 August 2023 |
| 6.3.12 | APP-085 | Environmental Statement – Volume 3 Chapter 12 Offshore and intertidal ornithology – figures | A | 08 August 2023 |
| 6.3.13 | APP-086 | Environmental Statement – Volume 3 Chapter 13 Shipping and navigation – figures | A | 08 August 2023 |
| 6.3.14 | APP-087 | Environmental Statement – Volume 3 Chapter 14 Civil and military aviation study area – figures | A | 08 August 2023 |
| 6.3.15 | APP-088 | Environmental Statement – Volume 3 Chapter 15 Seascape, landscape and visual impact assessment – figures (Part 1 of 8) | A | 08 August 2023 |
| 6.3.15 | APP-089 | Environmental Statement – Volume 3 Chapter 15 Seascape, landscape and visual impact assessment – figures (Part 2 of 8) | A | 08 August 2023 |
| 6.3.15 | APP-090 | Environmental Statement – Volume 3 Chapter 15 Seascape, landscape and visual impact assessment – figures (Part 3 of 8) | A | 08 August 2023 |
| 6.3.15 | APP-091 | Environmental Statement – Volume 3 Chapter 15 Seascape, landscape and visual impact assessment – figures (Part 4 of 8) | A | 08 August 2023 |
| 6.3.15 | APP-092 | Environmental Statement – Volume 3 Chapter 15 Seascape, landscape and visual impact assessment – figures (Part 5 of 8) | A | 08 August 2023 |
| 6.3.15 | APP-093 | Environmental Statement – Volume 3 Chapter 15 Seascape, landscape and visual impact assessment – figures (Part 6 of 8) | A | 08 August 2023 |
| 6.3.15 | APP-094 | Environmental Statement – Volume 3 Chapter 15 Seascape, landscape and visual impact assessment – figures (Part 7 of 8) | A | 08 August 2023 |
| 6.3.15 | APP-095 | Environmental Statement – Volume 3 Chapter 15 Seascape, landscape and visual impact assessment – figures (Part 8 of 8) | A | 08 August 2023 |
| 6.3.16 | APP-096 | Environmental Statement – Volume 3 Chapter 16 Marine archaeology – figures | A | 08 August 2023 |
| 6.3.17 | APP-097 | Environmental Statement – Volume 3 Chapter 17 Socioeconomics - figures | A | 08 August 2023 |
| 6.3.18 | REP6-184 | Environmental Statement – Volume 3 Chapter 18 landscape and visual impact assessment – figures (Part 1 of 6) | D | 01 August 2024 |
| 6.3.18 | REP6-185 | Environmental Statement – Volume 3 Chapter 18 landscape and visual impact assessment – figures (Part 2 of 6) | D | 01 August 2024 |
| 6.3.18 | REP6-183 | Environmental Statement – Volume 3 Chapter 18 landscape and visual impact assessment – figures (Part 3 of 6) | C | 01 August 2024 |
| 6.3.18 | REP6-186 | Environmental Statement – Volume 3 Chapter 18 landscape and visual impact assessment – figures (Part 4 of 6) | D | 01 August 2024 |
| 6.3.18 | REP6-187 | Environmental Statement – Volume 3 Chapter 18 landscape and visual impact assessment – figures (Part 5 of 6) | B | 01 August 2024 |
| 6.3.18 | REP6-188 | Environmental Statement – Volume 3 Chapter 18 landscape and visual impact assessment – figures (Part 6 of 6) | D | 01 August 2024 |
| 6.3.19 | APP-104 | Environmental Statement – Volume 3 Chapter 19 Air quality – figures | A | 08 August 2023 |
| 6.3.20 | APP-105 | Environmental Statement – Volume 3 Chapter 20 Soils and agriculture – figures | A | 08 August 2023 |
| 6.3.21 | PEPD-022 | Environmental Statement – Volume 3 Chapter 21 Noise and vibration – figures | B | 16 January 2024 |
| 6.3.23 | APP-107 | Environmental Statement – Volume 3 Chapter 23 Transport – figures (Part 1 of 4) | A | 08 August 2023 |
| 6.3.23 | APP-108 | Environmental Statement – Volume 3 Chapter 23 Transport – figures (Part 2 of 4) | A | 08 August 2023 |
| 6.3.23 | APP-109 | Environmental Statement – Volume 3 Chapter 23 Transport – figures (Part 3 of 4) | A | 08 August 2023 |
| 6.3.23 | APP-110 | Environmental Statement – Volume 3 Chapter 23 Transport – figures (Part 4 of 4) | A | 08 August 2023 |
| 6.3.24 | APP-111 | Environmental Statement – Volume 3 Chapter 24 Ground conditions – figures | A | 08 August 2023 |
| 6.3.25 | APP-112 | Environmental Statement – Volume 3 Chapter 25 Historic environment – figures (Part 1 of 5) | A | 08 August 2023 |
| 6.3.25 | APP-113 | Environmental Statement – Volume 3 Chapter 25 Historic environment – figures (Part 2 of 5) | A | 08 August 2023 |
| 6.3.25 | REP4-031 | Environmental Statement – Volume 3 Chapter 25 Historic environment – figures (Part 3 of 5) | B | 03 June 2024 |
| 6.3.25 | REP6-189 | Environmental Statement – Volume 3 Chapter 25 Historic environment – figures (Part 4 of 5) | C | 01 August 2024 |
| 6.3.25 | APP-116 | Environmental Statement – Volume 3 Chapter 25 Historic environment – figures (Part 5 of 5) | A | 08 August 2023 |
| 6.3.26 | APP-117 | Environmental Statement – Volume 3 Chapter 26 Water Environment – figures (Part 1 of 2) | A | 08 August 2023 |
| 6.3.26 | APP-118 | Environmental Statement – Volume 3 Chapter 26 Water Environment – figures (Part 2 of 2) | A | 08 August 2023 |
| 6.3.28 | APP-119 | Environmental Statement – Volume 3 Chapter 28 Population and human health – figures | A | 08 August 2023 |
| 6.4.1.1 | APP-120 | Environmental Statement – Volume 4 Appendix 1.1 Competent experts | A | 08 August 2023 |
| 6.4.3.1 | APP-121 | Environmental Statement – Volume 4 Appendix 3.1 Supporting information | A | 08 August 2023 |
| 6.4.4.1 | APP-122 | Environmental Statement – Volume 4 Appendix 4.1 Crossing schedule | A | 08 August 2023 |
| 6.4.4.2 | APP-123 | Environmental Statement – Volume 4 Appendix 4.1 Crossing schedule | A | 08 August 2023 |
| 6.4.4.3 | TBC | Environmental Statement – Volume 4 Appendix 4.3 Proposed Development parameters | B | 01 August 2024 |
| 6.4.5.1 | APP-125 | Environmental Statement – Volume 4 Appendix 5.1 Planning Inspectorate’s scoping opinion | A | 08 August 2023 |
| 6.4.5.2 | APP-126 | Environmental Statement – Volume 4 Appendix 5.2 Response to the Scoping Opinion | A | 08 August 2023 |
| 6.4.5.3 | APP-127 | Environmental Statement – Volume 4 Appendix 5.3 Cumulative effects assessment detailed onshore search and screening criteria | A | 08 August 2023 |
| 6.4.5.4 | APP-128 | Environmental Statement – Volume 4 Appendix 5.4 Cumulative effects assessment shortlisted developments | A | 08 August 2023 |
| 6.4.6.1 | APP-129 | Environmental Statement – Volume 4 Appendix 6.1 Coastal processes technical report baseline description | A | 08 August 2023 |
| 6.4.6.2 | APP-130 | Environmental Statement – Volume 4 Appendix 6.2 Coastal processes model design and validation | A | 08 August 2023 |
| 6.4.6.3 | REP5-044 | Environmental Statement – Volume 4 Appendix 6.3 Coastal processes technical report impact assessment | B | 09 July 2024 |
| 6.4.8.1 | APP-132 | Environmental Statement – Volume 4 Appendix 8.1 Herring annual heatmaps | A | 08 August 2023 |
| 6.4.8.2 | APP-133 | Environmental Statement – Volume 4 Appendix 8.2 Black bream nests | A | 08 August 2023 |
| 6.4.8.3 | REP2-011 | Environmental Statement – Volume 4 Appendix 8.3 Underwater noise study for sea bream disturbance | B | 20 March 2024 |
| 6.4.8.4 | PEPD-023 | Environmental Statement – Volume 4 Appendix 8.4 Black seabream underwater noise technical note and survey results – Revision A | A | 16 January 2024 |
| 6.4.9.1 | APP-135 | Environmental Statement – Volume 4 Appendix 9.1 Predictive seabed mapping methods reports | A | 08 August 2023 |
| 6.4.9.2 | APP-136 | Environmental Statement – Volume 4 Appendix 9.2 Offshore wind farm intertidal habitats survey report | A | 08 August 2023 |
| 6.4.9.3 | APP-137 | Environmental Statement – Volume 4 Appendix 9.3 Rampion 2 Offshore wind farm subtidal benthic characterisation survey report | A | 08 August 2023 |
| 6.4.9.4 | APP-138 | Environmental Statement – Volume 4 Appendix 9.4 Geophysical survey Part 1 of 7 | A | 08 August 2023 |
| 6.4.9.4 | APP-139 | Environmental Statement – Volume 4 Appendix 9.4 Geophysical survey Part 2 of 7 | A | 08 August 2023 |
| 6.4.9.4 | APP-140 | Environmental Statement – Volume 4 Appendix 9.4 Geophysical survey Part 3 of 7 | A | 08 August 2023 |
| 6.4.9.4 | APP-141 | Environmental Statement – Volume 4 Appendix 9.4 Geophysical survey Part 4 of 7 | A | 08 August 2023 |
| 6.4.9.4 | APP-142 | Environmental Statement – Volume 4 Appendix 9.4 Geophysical survey Part 5 of 7 | A | 08 August 2023 |
| 6.4.9.4 | APP-143 | Environmental Statement – Volume 4 Appendix 9.4 Geophysical survey Part 6 of 7 | A | 08 August 2023 |
| 6.4.9.4 | APP-144 | Environmental Statement – Volume 4 Appendix 9.4 Geophysical survey Part 7 of 7 | A | 08 August 2023 |
| 6.4.9.5 | APP-145 | Rampion 2 ES Volume 4 Appendix 9.5 Technical Note Cable corridor area mitigation for sensitive features | A | 08 August 2023 |
| 6.4.10.1 | APP-146 | Environmental Statement – Volume 4 Appendix 10.1 Commercial fisheries technical baseline report | A | 08 August 2023 |
| 6.4.11.1 | APP-147 | Environmental Statement – Volume 4 Appendix 11.1 Marine mammal baseline technical report | A | 08 August 2023 |
| 6.4.11.2 | APP-148 | Environmental Statement – Volume 4 Appendix 11.2 Marine mammal quantitative underwater noise impact assessment | A | 08 August 2023 |
| 6.4.11.3 | REP5-046 | Environmental Statement – Volume 4 Appendix 11.3 Underwater noise assessment technical report | B | 09 July 2024 |
| 6.4.11.4 | Post-examination | Environmental Statement – Volume 4 Appendix 11.4 Bottlenose Dolphin Population Modelling | B | October 2024 |
| 6.4.12.1 | APP-150 | Environmental Statement – Volume 4 Appendix 12.1 Offshore and intertidal ornithology baseline technical report | A | 08 August 2023 |
| 6.4.12.2 | APP-151 | Environmental Statement – Volume 4 Appendix 12.2 Offshore and intertidal ornithology displacement analysis | A | 08 August 2023 |
| 6.4.12.3 | APP-152 | Environmental Statement – Volume 4 Appendix 12.3 Offshore and intertidal ornithology collision risk modelling | A | 08 August 2023 |
| 6.4.12.4 | APP-153 | Environmental Statement – Volume 4 Appendix 12.4 Offshore and intertidal ornithology migratory collision risk modelling | A | 08 August 2023 |
| 6.4.12.5 | APP-154 | Environmental Statement – Volume 4 Appendix 12.5 Offshore and intertidal ornithology population viability analysis | A | 08 August 2023 |
| 8.25 | REP4-065 | Environmental Statement – Volume 4 Appendix 8 In-combination Assessment update for Guillemot and Razorbill | B | 3 June 2024 |
| 6.4.12.6 | REP6-193 | Environmental Statement – Volume 4 Appendix 12.6 Great Black-backed gull Cumulative assessment and PVA | A | 01 August 2024 |
| 6.4.13.1 | APP-155 | Environmental Statement – Volume 4 Appendix 13.1 Navigational risk assessment | A | 08 August 2023 |
| 6.4.14.1 | APP-156 | Environmental Statement – Volume 4 Appendix 14.1 Airspace analysis and radar modelling | A | 08 August 2023 |
| 6.4.15.1 | APP-157 | Environmental Statement – Volume 4 Appendix 15.1 Seascape, landscape and visual impact assessment consultation responses | A | 08 August 2023 |
| 6.4.15.2 | APP-158 | Environmental Statement – Volume 4 Appendix 15.2 Seascape, landscape and visual impact assessment methodology | A | 08 August 2023 |
| 6.4.15.3 | APP-159 | Environmental Statement – Volume 4 Appendix 15.3 Simple seascape, landscape and visual impact assessment | A | 08 August 2023 |
| 6.4.15.4 | APP-160 | Environmental Statement – Volume 4 Appendix 15.4 Viewpoint assessment | A | 08 August 2023 |
| 6.4.15.5 | APP-161 | Environmental Statement – Volume 4 Appendix 15.5 Assessment of aviation and navigation night-time lighting | A | 08 August 2023 |
| 6.4.15.6 | PEPD-024 | Environmental Statement – Volume 4 Appendix 15.6 Supplementary night-time viewpoint assessment | A | 16 January 2024 |
| 6.4.16.1 | REP3-017 | Environmental Statement – Volume 4 Appendix 16.1 Marine archaeology technical report | B | 25 April 2024 |
| 6.4.17.1 | APP-163 | Environmental Statement – Volume 4 Appendix 17.1 Socioeconomics method statement | A | 08 August 2023 |
| 6.4.17.2 | APP-164 | Environmental Statement – Volume 4 Appendix 17.2 Socioeconomics cost and sourcing report | A | 08 August 2023 |
| 6.4.17.3 | APP-165 | Environmental Statement – Volume 4 Appendix 17.3 Socioeconomics technical baseline | A | 08 August 2023 |
| 6.4.17.4 | APP-166 | Environmental Statement – Volume 4 Appendix 17.4 Assessment of sensitivity of public rights of way | A | 08 August 2023 |
| 6.4.18.1 | APP-167 | Environmental Statement – Volume 4 Appendix 18.1 Landscapes and visual impact assessment methodology | A | 08 August 2023 |
| 6.4.18.2 | REP6-194 | Environmental Statement – Volume 4 Appendix 18.2 Viewpoint analysis | D | 01 August 2024 |
| 6.4.18.3 | REP6-196 | Environmental Statement – Volume 4 Appendix 18.3 Landscape assessment | C | 01 August 2024 |
| 6.4.18.4 | REP6-198 | Environmental Statement – Volume 4 Appendix 18.4 Visual assessment | C | 01 August 2024 |
| 6.4.18.5 | REP6-200 | Environmental Statement – Volume 4 Appendix 18.5 Residential visual amenity assessment | C | 01 August 2024 |
| 6.4.18.6 | REP4-035 | Environmental Statement – Volume 4 Appendix 18.6 Viewpoint directory | B | 03 June 2024 |
| 6.4.19.1 | APP-173 | Environmental Statement – Volume 4 Appendix 19.1 Full results of construction road traffic modelling | A | 08 August 2023 |
| 6.4.19.2 | APP-174 | Environmental Statement – Volume 4 Appendix 19.2 Full results of construction plant modelling | A | 08 August 2023 |
| 6.4.20.1 | APP-175 | Environmental Statement – Volume 4 Appendix 20.1 Detailed agricultural land classification report | A | 08 August 2023 |
| 6.4.21.1 | PEPD-025 | Environmental Statement – Volume 4 Appendix 21.1 Baseline sound report (clean) | B | 16 January 2024 |
| 6.4.21.2 | PEPD-027 | Environmental Statement – Volume 4 Appendix 21.2 Construction plant list (clean) | B | 16 January 2024 |
| 6.4.21.3 | APP-178 | Environmental Statement – Volume 4 Appendix 21.3 Preliminary operational noise predictions | A | 08 August 2023 |
| 6.4.22.1 | APP-179 | Environmental Statement – Volume 4 Appendix 22.1 Policy and legislation tables | A | 08 August 2023 |
| 6.4.22.2 | APP-180 | Environmental Statement – Volume 4 Appendix 22.2 Terrestrial ecology desk study | A | 08 August 2023 |
| 6.4.22.3 | APP-181 | Environmental Statement – Volume 4 Appendix 22.3 Extended phase 1 habitat survey report | A | 08 August 2023 |
| 6.4.22.4 | APP-182 | Environmental Statement – Volume 4 Appendix 22.4 National vegetation classification survey report 2021-2022 | A | 08 August 2023 |
| 6.4.22.5 | APP-183 | Environmental Statement – Volume 4 Appendix 22.5 Hedgerow survey report | A | 08 August 2023 |
| 6.4.22.6 | APP-184 | Environmental Statement – Volume 4 Appendix 22.6 Fisheries habitat survey report | A | 08 August 2023 |
| 6.4.22.7 | APP-185 | Environmental Statement – Volume 4 Appendix 22.7 Great crested newt environmental DNA survey report 2021 – 2023 | A | 08 August 2023 |
| 6.4.22.8 | APP-186 | Environmental Statement – Volume 4 Appendix 22.8 Passive and active bat activity report | A | 08 August 2023 |
| 6.4.22.9 | APP-187 | Environmental Statement – Volume 4 Appendix 22.9 Hazel dormouse report 2020 – 2022 | A | 08 August 2023 |
| 6.4.22.10 | APP-188 | Environmental Statement – Volume 4 Appendix 22.10 Invertebrate survey report | A | 08 August 2023 |
| 6.4.22.11 | APP-189 | Environmental Statement – Volume 4 Appendix 22.11 Badger, otter and water vole survey reports (NON-CONFIDENTIAL) | A | 08 August 2023 |
| 6.4.22.12 | APP-190 | Environmental Statement – Volume 4 Appendix 22.12 Reptile survey | A | 08 August 2023 |
| 6.4.22.13 | APP-191 | Environmental Statement – Volume 4 Appendix 22.13 Breeding bird survey | A | 08 August 2023 |
| 6.4.22.14 | APP-192 | Environmental Statement – Volume 4 Appendix 22.14 Onshore winter bird report 2020 – 2022 | A | 08 August 2023 |
| 6.4.22.15 | REP6-204 | Environmental Statement – Volume 4 Appendix 22.15 Biodiversity net gain information | D | 01 August 2024 |
| 6.4.22.16 | REP5-058 | Environmental Statement – Volume 4 Appendix 22.16 Arboricultural impact assessment | C | 09 July 2024 |
| 6.4.22.17 | APP-195 | Environmental Statement – Volume 4 Appendix 22.17 Bat tree ground level visual assessment survey report | A | 08 August 2023 |
| 6.4.22.18 | PEPD-029 | Environmental Statement – Volume 4 Appendix 22.18 Passive and active bat activity report 2023 | A | 16 January 2024 |
| 6.4.22.19 | PEPD-030 | Environmental Statement – Volume 4 Appendix 22.19 Hazel dormouse report 2023 | A | 16 January 2024 |
| 6.4.23.1 | REP6-206 | Environmental Statement – Volume 4 Appendix 23.1 Abnormal indivisible loads assessment | B | 01 August 2024 |
| 6.4.23.2 | REP6-208 | Environmental Statement – Volume 4 Appendix 23.2 Traffic generation technical note (clean) | E | 01 August 2024 |
| 6.4.24.1 | APP-198 | Environmental Statement – Volume 4 Appendix 24.1 Phase 1 geo-environmental desk study | A | 08 August 2023 |
| 6.4.25.1 | APP-199 | Environmental Statement – Volume 4 Appendix 25.1 Gazetteer of 14 Onshore heritage assets | A | 08 August 2023 |
| 6.4.25.2 | APP-200 | Environmental Statement – Volume 4 Appendix 25.2 Onshore historic environment desk study Part 1 of 2 | A | 08 August 2023 |
| 6.4.25.2 | APP-201 | Environmental Statement – Volume 4 Appendix 25.2 Onshore historic environment desk study Part 2 of 2 | A | 08 August 2023 |
| 6.4.25.3 | APP-202 | Environmental Statement – Volume 4 Appendix 25.3 Onshore desk-based geoarchaeological and paleoenvironmental assessment report | A | 08 August 2023 |
| 6.4.25.4 | PEPD-031 | Environmental Statement – Volume 4 Appendix 25.4 Onshore geophysical survey report Part 1 of 8 (clean) | B | 16 January 2024 |
| 6.4.25.4 | PEPD-113 | Environmental Statement – Volume 4 Appendix 25.4 Onshore geophysical survey report Part 2 of 8 | B | 16 January 2024 |
| 6.4.25.4 | PEPD-114 | Environmental Statement – Volume 4 Appendix 25.4 Onshore geophysical survey report Part 3 of 8 | B | 16 January 2024 |
| 6.4.25.4 | PEPD-115 | Environmental Statement – Volume 4 Appendix 25.4 Onshore geophysical survey report Part 4 of 8 | B | 16 January 2024 |
| 6.4.25.4 | PEPD-116 | Environmental Statement – Volume 4 Appendix 25.4 Onshore geophysical survey report Part 5 of 8 | B | 16 January 2024 |
| 6.4.25.4 | PEPD-117 | Environmental Statement – Volume 4 Appendix 25.4 Onshore geophysical survey report Part 6 of 8 | B | 16 January 2024 |
| 6.4.25.4 | PEPD-118 | Environmental Statement – Volume 4 Appendix 25.4 Onshore geophysical survey report Part 7 of 8 | B | 16 January 2024 |
| 6.4.25.4 | PEPD-119 | Environmental Statement – Volume 4 Appendix 25.4 Onshore geophysical survey report Part 8 of 8 Revision B (Clean) | B | 16 January 2024 |
| 6.4.25.5 | APP-211 | Environmental Statement – Volume 4 Appendix 25.5 Oakendene parkland historic landscape assessment | A | 08 August 2023 |
| 6.4.25.6 | APP-212 | Environmental Statement – Volume 4 Appendix 25.6 Archaeological trial trenching at Brook Barn Farm | A | 08 August 2023 |
| 6.4.25.7 | APP-213 | Environmental Statement – Volume 4 Appendix 25.7 Settings assessment scoping report | A | 08 August 2023 |
| 6.4.25.8 | APP-214 | Environmental Statement – Volume 4 Appendix 25.8 Onshore heritage asset baseline report | A | 08 August 2023 |
| 6.4.26.1 | APP-215 | Environmental Statement – Volume 4 Appendix 26.1 Detailed water environment baseline information | A | 08 August 2023 |
| 6.4.26.2 | REP4-039 | Environmental Statement – Volume 4 Appendix 26.2 Flood risk assessment | B | 03 June 2024 |
| 6.4.26.3 | APP-217 | Environmental Statement – Volume 4 Appendix 26.3 Water framework directive compliance assessment | A | 08 August 2023 |
| 6.4.26.4 | APP-218 | Environmental Statement – Volume 4 Appendix 26.4 Hydrological risk assessment | A | 08 August 2023 |
| 6.4.28.1 | APP-219 | Environmental Statement – Volume 4 Appendix 28.1 Human health baseline | A | 08 August 2023 |
| 6.4.28.2 | APP-220 | Environmental Statement – Volume 4 Appendix 28.2 Electro magnetic field health evidence base | A | 08 August 2023 |
| 6.4.28.3 | APP-221 | Environmental Statement – Volume 4 Appendix 28.3 Equalities impact assessment | A | 08 August 2023 |
| 6.4.29.1 | APP-222 | Environmental Statement – Volume 4 Appendix 29.1 Supporting data for the green house green assessment | A | 08 August 2023 |
PART 2 — OTHER DOCUMENTS TO BE CERTIFIED
| (1) Document Reference | (2) Examination Library Reference | (3) Document Name | (4) Version | (5) Date |
|---|---|---|---|---|
| 2.1.2 | AS-025 | Land plans onshore | C | 18 July 2024 |
| 2.2.1 | PEPD-004 | Offshore works plans | B | 16 January 2024 |
| 2.2.2 | AS-026 | Onshore works plans | C | 18 July 2024 |
| 2.4 | AS-027 | Special category land plans | C | 18 July 2024 |
| 2.5 | REP6-004 | Access rights of way and streets plan | C | 01 August 2024 |
| 2.6 | REP6-005 | Tree preservation order and hedgerow plan | F | 01 August 2024 |
| 2.7 | APP-014 | Open access land plan | A | 08 August 2023 |
| 2.11 | APP-018 | Offshore Order limits and grid co-ordinates plan | A | 08 August 2023 |
| 4.3 | REP6-016 | Book of reference | D | 01 August 2024 |
| 5.8 | REP5-023 | Design and access statement | C | 09 July 2024 |
| 7.1 | REP5-062 | Outline operational drainage plan | D | 09 July 2024 |
| 7.2 | REP6-224 | Outline code of construction practice | G | 01 August 2024 |
| 7.3 | APP-225 | Outline site waste management plan | A | 08 August 2023 |
| 7.4 | REP5-066 | Outline soils management plan | C | 09 July 2024 |
| 7.5 | APP-227 | Outline operational travel plan | A | 08 August 2023 |
| 7.6 | REP6-231 | Outline construction traffic management plan | G | 01 August 2024 |
| 7.7 | REP3-031 | Outline onshore construction workforce travel plan | B | 25 April 2024 |
| 7.8 | REP3-033 | Outline public rights of way management plan (clean) | B | 25 April 2024 |
| 7.9 | REP5-070 | Outline onshore written scheme of investigation | C | 09 July 2024 |
| 7.10 | REP6-212 | Outline landscape and ecology management plan | E | 01 August 2024 |
| 7.11 | REP6-214 | Outline project environmental management plan | C | 01 August 2024 |
| 7.12 | REP5-074 | Outline scour protection and cable protection plan | C | 09 July 2024 |
| 7.13 | REP6-216 | Outline marine written scheme of investigation | D | 01 August 2024 |
| 7.14 | REP6-218 | Draft piling marine mammal mitigation protocol | C | 01 August 2024 |
| 7.15 | REP5-078 | Draft UXO marine mammal mitigation protocol | B | 09 July 2024 |
| 7.16 | REP5-080 | Outline offshore operations and maintenance plan | C | 09 July 2024 |
| 7.17 | Post-examination | In-principle sensitive features mitigation plan | F | December 2024 |
| 7.18 | Post-examination | Offshore in-principle monitoring plan | F | December 2024 |
| 7.19 | REP6-222 | Outline fisheries liaison and co-existence plan (clean) | C | 01 August 2024 |
| 7.20 | APP-242 | Outline diver communications plan | A | 08 August 2023 |
| 7.21 | APP-243 | Evidence plan (Part 1 of 11) | A | 08 August 2023 |
| 7.21 | APP-244 | Evidence plan (Part 2 of 11) | A | 08 August 2023 |
| 7.21 | APP-245 | Evidence plan (Part 3 of 11) | A | 08 August 2023 |
| 7.21 | APP-246 | Evidence plan (Part 4 of 11) | A | 08 August 2023 |
| 7.21 | APP-247 | Evidence plan (Part 5 of 11) | A | 08 August 2023 |
| 7.21 | APP-248 | Evidence plan (Part 6 of 11) | A | 08 August 2023 |
| 7.21 | APP-249 | Evidence plan (Part 7 of 11) | A | 08 August 2023 |
| 7.21 | APP-250 | Evidence plan (Part 8 of 11) | A | 08 August 2023 |
| 7.21 | APP-251 | Evidence plan (Part 9 of 11) | A | 08 August 2023 |
| 7.21 | APP-252 | Evidence plan (Part 10 of 11) | A | 08 August 2023 |
| 7.21 | APP-253 | Evidence plan (Part 11 of 11) | A | 08 August 2023 |
| 7.22 | REP6-226 | Commitments register | F | 01 August 2024 |
| 7.23 | REP6-229 | Outline construction method statement | C | 01 August 2024 |
| 7.24 | PEPD-037 | Outline skills and employment strategy | B | 16 January 2024 |
| 8.86 | REP5-124 | Outline construction communication plan | A | 09 July 2024 |
| 8.87 | REP6-269 | Outline vegetation retention and removal plan | C | 01 August 2024 |
| 8.88 | REP5-126 | Outline cable specification and installation plan | A | 09 July 2024 |
| 8.85 | REP5-123 | Outline cable burial risk assessment | A | 09 July 2024 |
| 8.105 | REP6-236 | Horsham District mitigation and enhancement principles document | A | 01 August 2024 |
| 8.106 | REP6-237 | National Park enhancement and furtherance principles document | A | 01 August 2024 |
| 8.95 | REP6-273 | Public rights of way and landscape enhancement principles document | B | 01 August 2024 |
| 8.25.10 | REP1-028 | Appendix 10 – Further information for Action Point 42 – Proximity to marine wildlife | A | 28 February 2024 |
| 8.60 | REP5-111 | Outline noise and vibration management plan | B | 09 July 2024 |
| 8.62 | REP6-258 | Outline air quality management plan | C | 01 August 2024 |
| 8.64 | REP5-115 | Kittiwake implementation and monitoring plan | B | July 2024 |
| 8.89 | REP6-271 | Guillemot and Razorbill Implementation and Monitoring Plan | B | August 2024 |
| Post-examination | Outline spawning herring piling restriction plan | 1.0 | 12 November 2024 |
SCHEDULE 17 — COMPENSATON TO PROTECT THE COHERENCE OF THE NATIONAL SITE NETWORK
PART 1 — KITTIWAKE COMPENSATION
1
In this Part 1 of Schedule 17—
- “the FFC SPA” means the site designated as the Flamborough and Filey Coast Special Protection Area;
- “Final KIMP” means the final kittiwake compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult kittiwakes from the FFC SPA as a result of the authorised development which shall accord with the principles identified in the kittiwake implementation and monitoring plan;
- “Kittiwake implementation and monitoring plan” means the document certified as the kittiwake implementation and monitoring plan by the Secretary of State for the purpose of this Order under article 49 (certification of plans and documents etc);
- “the Marine Recovery Fund” means the fund to be established and operated by Defra pursuant to section 292 of the Energy Act 2023 for the implementation of strategic compensation or any equivalent fund established by a Government body for that purpose;
- “Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to compensate for the predicted loss of adult kittiwakes from the FFC SPA as a result of the authorised development the sum of which shall be agreed with Defra or other organisation responsible for the operation of the Marine Recovery Fund;
- “the OKEG” means an offshore kittiwake engagement group which has been or shall be established to assist, through consultation, the undertaker and the developer of any other project with whom the undertaker is to collaborate in the delivery of the onshore kittiwake compensation measures; and
- “the onshore kittiwake compensation measure” means measures which improve kittiwake habitat within or outside the FFC SPA onshore, or improve breeding success through reducing avian predation.
2
- (1) No offshore works may commence until the undertaker has confirmed in writing to the Secretary of State that—
- (a) it will make a Marine Recovery Fund Payment wholly in substitution for the onshore kittiwake compensation measure and that it has received confirmation from Defra or the Marine Recovery Fund operator that suitable measures are available; or
- (b) it will submit a Final KIMP to the Secretary of State for approval.
- (2) If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under paragraph (1)(a) then no offshore works are to commence until the Secretary of State has provided consent in writing to the Marine Recovery Fund Payment being made in substitution for the onshore kittiwake compensation measure.
3
Where the undertaker elects to submit a Final KIMP no offshore works are to commence until a plan for the work of the OKEG has been submitted to and approved by the Secretary of State, such plan to include—
- (a) the identity of, or the arrangements for establishment of, the OKEG;
- (b) its terms of reference;
- (c) its membership shall (as a minimum) include the local planning authority for the area in which the onshore kittiwake compensation measure is to be provided and statutory nature conservation body as core members and the Royal Society for the Protection of Birds as advisory member;
- (d) details of the proposed schedule of meetings, reporting and review periods;
- (e) the dispute resolution mechanism and confidentiality provisions; and
- (f) a schedule of preparation and delivery.
4
Following consultation with OKEG, the Final KIMP must be submitted to and approved by the Secretary of State.
5
The Final KIMP (if required) must be based on the strategy for kittiwake compensation set out in the kittiwake implementation and monitoring plan and include—
- (a) the location where the compensation measures will be delivered and the suitability of that location (including why the location is appropriate ecologically and likely to support successful compensation), and confirmation that the necessary landowner agreement(s) are in place;
- (b) where the compensation measures comprise an artificial nesting structure details of the capacity of such structure(s) and its ability to accommodate at least 10 additional nesting spaces for pairs of kittiwake to compensate for the impact of the authorised development on the population of the FFC SPA;
- (c) an implementation timetable for delivery including any arrangements made with a third party for implementation of the measures provided that if the measures comprise an artificial nesting structure that has already been delivered the details submitted shall comprise confirmation as to when the structure was completed;
- (d) details of any contribution to be made to a third party to ongoing management and maintenance of the compensation measures delivered in collaboration with a third party;
- (e) details for the ongoing monitoring and reporting of the effectiveness of the compensation measures identified in the Final KIMP including—
- (i) survey methods;
- (ii) survey programmes;
- (iii) success criteria; and
- (iv) timescales for the monitoring reports to be delivered;
- (f) details of any adaptive management measures, with details of the factors used to trigger any alternative and/or adaptive management measures; and
- (g) confirmation as to how it has had regard to output of consultation with OKEG.
6
Where the Final KIMP identifies the provision of artificial nesting structures in collaboration with one or more other offshore wind farm projects the details submitted pursuant to paragraph 5(b) and (e) shall identify how the effectiveness of the compensation measures and any requirement for adaptive management measures are to be attributed to the authorised development.
7
The undertaker must implement the measures set out in the Final KIMP approved by the Secretary of State, unless otherwise agreed by the Secretary of State following consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the onshore kittiwake compensation measure is to be provided.
8
No operation of any wind turbine generator forming part of the authorised development may begin until the Final KIMP has been implemented, and completed (where appropriate) and has been notified to the Secretary of State, and where the compensation comprises an artificial nesting structure this has been in place for at least four full kittiwake breeding seasons prior to such operation. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 March in each year and ended on 31 August.
9
Where the undertaker has confirmed that it intends to make a payment to the Marine Recovery Fund there shall be no operation of a wind turbine generator unless and until the undertaker has received confirmation from Defra or the operator of the Marine Recovery Fund that suitable measures are available, the Marine Recovery Fund Payment has been quantified, such payment has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures. Following such payment the undertaker shall not be required to implement any further compensation measures for kittiwake pursuant to this Part 1 of Schedule 17.
10
Results from the monitoring and reporting scheme referred to in paragraph 5(e) must be submitted at least annually to the Secretary of State and members of the OKEG, including the relevant statutory nature conservation body. This must include details of the effectiveness of the compensation measures delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State, determines that the compensation measures delivered have been ineffective the undertaker must provide proposals agreed by the OKEG for any alternative and/or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measures must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body.
11
The Final KIMP approved under this Part 1 of Schedule 17 includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved Final KIMP must be in accordance with the principles set out in the kittiwake implementation and monitoring plan and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any new or materially different environmental effects from those considered in the kittiwake implementation and monitoring plan.
PART 2 — GUILLEMOT COMPENSATION
12
In this Part 2 of Schedule 17—
- “the Farne Islands SPA” means the site designated as the Farne Islands Special Protection Area;
- “the FFC SPA” means the site designated as the Flamborough and Filey Coast Special Protection Area;
- “Guillemot and razorbill implementation and monitoring plan” means the document certified as the guillemot and razorbill implementation and monitoring plan by the Secretary of State for the purpose of this Order under article 49 (certification of plans and documents etc);
- “Final GCIMP” means the final guillemot compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult guillemot from the FFC SPA or Farne Island SPA as a result of the authorised development which shall accord with the principles identified for guillemot in the guillemot and razorbill implementation and monitoring plan;
- “the Marine Recovery Fund” means the fund to be established and operated by Defra pursuant to section 292 of the Energy Act 2023 for the implementation of strategic compensation or any equivalent fund established by a Government body for that purpose;
- “Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to compensate for the predicted loss of adult guillemots from the FFC SPA and Farne Islands SPA as a result of the authorised development the sum of which shall be agreed with Defra of other organisation responsible for the operation of the Marine Recovery Fund;
- “OGEG” means an offshore guillemot engagement group which has been or shall be established to assist, through consultation, the undertaker and the developer of any other project with whom the undertaker is to collaborate in the delivery of the onshore compensation measures for guillemot; and
- “the onshore guillemot compensation measure” means measures to reduce disturbance for colonies of guillemot identified as being in decline onshore, or improve breeding success through reducing avian predation.
13
- (1) No offshore works may commence until the undertaker has confirmed in writing to the Secretary of State that—
- (a) it will make a Marine Recovery Fund Payment wholly in substitution for the onshore guillemot compensation measure and it has received confirmation from Defra or the Marine Recovery Fund operator that suitable measures are available; or
- (b) submit a Final GCIMP to the Secretary of State for approval.
- (2) If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under paragraph (1)(a) then no offshore works may commence until the Secretary of State has provided consent in writing to the Marine Recovery Fund Payment being made in substitution for the onshore guillemot compensation measure.
14
Where the undertaker elects to submit a Final GCIMP no offshore works are to commence until a plan for the work of the OGEG has been submitted to and approved by the Secretary of State, such plan to include—
- (a) the identity of, or the arrangements for establishment of, the OGEG;
- (b) its terms of reference;
- (c) its membership shall (as a minimum) include the local planning authority for the area in which the onshore guillemot compensation measure is to be provided, and statutory nature conservation body as core members, and the Royal Society for the Protection of Birds as advisory member;
- (d) details of the proposed schedule of meetings, reporting and review periods;
- (e) the dispute resolution mechanism and confidentiality provisions; and
- (f) a schedule of preparation and delivery.
15
Following consultation with OGEG, the Final GCIMP must be submitted to and approved by the Secretary of State.
16
The Final GCIMP (if required) must be based on the strategy for guillemot compensation set out in the guillemot implementation and monitoring plan and include—
- (a) the location where the compensation measures will be delivered and the suitability of that location (including why the location is appropriate ecologically and likely to support successful compensation), and confirmation that the necessary landowner agreement(s) are in place;
- (b) an implementation timetable for delivery including any arrangements made with a third party for implementation of the measures;
- (c) details of any contribution to be made to a third party to ongoing maintenance of the compensation measures delivered in collaboration with a third party;
- (d) details for the ongoing monitoring and reporting of the effectiveness of the compensation measures identified in the Final GCIMP including—
- (i) survey methods;
- (ii) survey programmes;
- (iii) success criteria; and
- (iv) timescales for the monitoring reports to be delivered;
- (e) details of any adaptive management measures, with details of the factors used to trigger any alternative and/or adaptive management measures; and
- (f) confirmation as to how it has had regard to output of consultation with OGEG.
17
The undertaker must implement the measures set out in the Final GCIMP approved by the Secretary of State, unless otherwise agreed by the Secretary of State following consultation with the relevant statutory nature conservation body, and the local planning authority for the area in which the onshore guillemot compensation measure is to be provided. No operation of any wind turbine generator forming part of the authorised development may begin until the Final GCIMP has been implemented and this has been confirmed to the Secretary of State.
18
Where the undertaker has confirmed that it intends to make a payment to the Marine Recovery Fund there shall be no operation of a wind turbine generator unless and until the undertaker has received confirmation from Defra or the operator of the Marine Recovery Fund that suitable measures are available, the Marine Recovery Fund Payment has been quantified, such payment has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures. Following such payment the undertaker shall not be required to implement any further compensation measures for guillemot pursuant to this Part 2 of Schedule 17.
19
Results from the monitoring and reporting scheme referred to in paragraph 16(d) must be submitted at least annually to the Secretary of State and members of the OGEG, including the relevant statutory nature conservation body. This must include details of the effectiveness of the compensation measures delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State determines that the compensation measures delivered have been ineffective the undertaker must provide proposals agreed by the OGEG for any alternative and/or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measures must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body
20
The Final GCIMP approved under this Part 2 of Schedule 17 includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved Final GCIMP must be in accordance with the principles set out in the outline guillemot and razorbill implementation and monitoring plan and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any new or materially different environmental effects from those considered in the guillemot implementation and monitoring plan.
Signed
David Wagstaff — Deputy Director for Energy Infrastructure Planning — Department of Energy Security and Net Zero — 4th April 2025
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order grants development consent for, and authorises the construction, operation and maintenance of an offshore wind farm in the English Channel approximately 13 kilometres south of the West Sussex Coast together with associated development. This Order imposes requirements in connection with the development and authorises the compulsory purchase of land (including rights in land) and the right to use land and to override easements and other rights.
This Order also grants deemed marine licences under Part 4 of the Marine and Coastal Access Act 2009 in connection with the wind farm. The marine licences impose conditions in connection with the deposits and works for which they grant consent.
A copy of the plans and book of reference referred to in this Order and certified in accordance with article 49 (certification of plans and documents etc) together with a copy of any guarantee or alternative form of security approved by the Secretary of State pursuant to article 51, may be inspected free of charge at the offices of Rampion Extension Development Limited at Windmill Hill Business Park, Whitehall Way, Swindon, Wiltshire, England, SN5 6PB.
Footnotes
[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20). Section 37 was amended by sections 128 (2) and 137 of, and paragraphs 1 and 5 of Part 1 of Schedule 13 to, the Localism Act 2011 (c. 20).
[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378 and S.I. 2019/734.
[^f00003]: S.I. 2010/103 amended by S.I. 2012/635.
[^f00004]: S.I. 2017/572.
[^f00005]: Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
[^f00006]: Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).
[^f00007]: Section 120 was amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.
[^f00008]: Section 149A was inserted by paragraph 4(1) of Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23).
[^f00009]: 1961 c. 33.
[^f00010]: 1965 c. 56.
[^f00011]: 1980 c. 66.
[^f00012]: 1981 c. 66.
[^f00013]: 1984 c. 27.
[^f00014]: 1989 c. 29.
[^f00015]: 1990 c. 8.
[^f00016]: 1991 c. 22.
[^f00017]: 2003 c. 21.
[^f00018]: 2004 c. 20.
[^f00019]: 2008 c. 29.
[^f00020]: 2009 c. 23.
[^f00021]: S.I. 2017/572.
[^f00022]: 2000 c. 37.
[^f00023]: 1971 c. 80.
[^f00024]: 2010 c. 29.
[^f00025]: 2006 c. 46
[^f00026]: 1981 c. 67. Section 7 was amended by Section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 74).
[^f00028]: “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7).
[^f00029]: S.I. 1997/1160.
[^f00030]: S.I. 2017 c.20.
[^f00031]: S.I. 2010/948.
[^f00032]: S.I. 2014/1873.
[^f00033]: 1990 c. 43. There are amendments to section 82(1) that are not relevant to this Order.
[^f00034]: 1974 c. 40. Section 61(9) was amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990 c. 43. There are other amendments to Section 61 that are not relevant to this Order.
[^f00035]: 1974 c. 20. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990, c.25. There are other amendments to the 1974 Act which are not relevant to the Order.
[^f00036]: 1991 c. 56.
[^f00037]: S.I. 2016/1154. Regulation 12 was amended by S.I. 2018/110.
[^f00038]: Section 5A was inserted by Section 182(2) of the Housing and Planning Act 2016 (c. 22).
[^f00039]: Section 5B was inserted by Section 202(2) of the Housing and Planning Act 2016 (c. 22).
[^f00040]: 1965 c. 56. Section 4(A) was inserted by Section 202(1) of the Housing and Planning Act 2016 (c. 22).
[^f00041]: 1965 c. 56. Section 11A was inserted by Section 186(3) of the Housing and planning Act 2016 (c. 22).
[^f00042]: 1965 c. 56. Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals Courts and Enforcement Act 2007 (c. 15).
[^f00043]: 2003 c. 21. There are amendments to section 151 which are not relevant to this Order.
[^f00044]: 2003 c. 21. There are amendments to Section 151 which are not relevant to this Order.
[^f00045]: S.I. 1997/1160.
[^f00046]: Section 105(2) was substituted by Section 69(3) of the Energy Act 2008 (c. 32).
[^f00047]: 1978 c. 30.
[^f00048]: Section 105(2) was substituted by section 69(3) of the Energy Act 2008 (c. 32).
[^f00049]: 1973 c. 26.
[^f00050]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and was further amended by section 76 of the Utilities Act 2000 (c. 27).
[^f00051]: 1991 c. 56.
[^f00052]: 2004 c. 20.
[^f00053]: 2008 c. 29.
[^f00054]: 2009 c. 23.
[^f00055]: S.I 2014/1873, as amended by S.I 2015/1319 and S.I. 2021/535.
[^f00056]: S.I. 2016/765.
[^f00057]: 2004 c. 20.
[^f00058]: 2008 c. 29.
[^f00059]: 2009 c. 23.
[^f00060]: S.I 2014/1873, as amended by S.I 2015/1319 and S.I. 2021/535.
[^f00061]: S.I. 2016/765.
[^f00062]: S.I. 2012/2920.
[^f00063]: 1996 c. 23.
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