The Mona Offshore Wind Farm Order 2025

Network Rail must, on receipt of a request from the undertaker, 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 (including the amount of the relevant costs mentioned in paragraph 113) and with such information as may enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made under this Part (including any claim relating to those relevant costs).

115

In the assessment of any sums payable to Network Rail under this Part 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 or increasing the sums so payable.

116

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 plan or the land plans 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.

117

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.

118

The undertaker must give written notice to Network Rail where any application is proposed to be made by the undertaker for the Secretary of State’s consent under article 7 (benefit of the 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

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

119

The undertaker must, no later than 28 days from the date that the documents referred to in article 41 (certification of plans and documents, etc.) are certified by the Secretary of State, provide a set of those documents to Network Rail in an electronic format.

PART 9 — For the protection of Awel y Môr

120

The provisions of this Part apply for the protection of Awel y Môr unless otherwise agreed in writing between the undertaker and Awel y Môr.

121

In this Part—

• “access plots” means those parts of the Order limits that includes such parts of the Awel y Môr Order land comprising the land within plots 11-221, 11-222, 11-223, 11-224, 11-225, 11-226, 11-227, 11-231, 11-232, 11-234 and 11-235 shown on the land plans and described in the book of reference, which covers private road, verges, agricultural land, private road off Glascoed road, B5381 and public bridleway (BR 208/32) and access splay;

• “apparatus” means the cables, switchgear, structures or other infrastructure owned, occupied or maintained by Awel y Môr or its successor in title within the Awel y Môr Order Land;

• “Awel y Môr” means an undertaker with the benefit of all or part of the Awel y Môr Order for the time being;

• “Awel y Môr Onshore Works” means the proposed location within the Awel y Môr Order land for any electrical circuit(s), electrical substation infrastructure, construction compound(s) and other onshore infrastructure and works (whether temporary or permanent in nature) authorised by the Awel y Môr Order or by any planning permission intended to operate in conjunction with the Awel y Môr Order

• “Awel y Môr Order” means the development consent order made by the Secretary of State in relation to the Awel y Môr Offshore Wind Farm on 19th September 2023;

• “Awel y Môr Order land” means Order land as defined in the Awel y Môr Order;

• “construction” includes execution, placing, altering, replacing, reconstruction, relaying, maintenance, extensions, enlargement and removal; and “construct” and “constructed” must be construed accordingly;

• “Overlap area” means those parts of the Order limits that includes such parts of the Awel y Môr Order land comprising the land within plots 11-200, 11-201, 11-202, 11-203, 11-204, 11-205, 11-206, 11-207 shown on the land plans and described in the book of reference;

• “plans” includes sections, drawings, specifications, designs, design data, software, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of the Awel y Môr Order land;

• “specified works” means so much of any works or operations authorised by this Order (or authorised by any planning permission intended to operate in conjunction with this Order) as is—within the Overlap area;in, on, under, over or within 15 metres of the Awel y Môr Onshore Works or any apparatus; ormay in any way adversely affect any apparatus;

• “temporary works” so much of the specified works which are temporary works as set out within the Order; and

• “undertaker’s temporary access track” means that part of Work No. 27 falling within part of plot 11-229 and the whole of plots 11-229a, 11-230, 11-230a, 11-233, 11-233a, 11-233b, 11-234, 11-234a, 11-234b.

122

The consent of Awel y Môr under this Part is not required where the Awel y Môr Order has expired without the authorised development having been commenced pursuant to any requirement of Schedule 2 to the Awel y Môr Order.

123

Where conditions are included in any consent granted by Awel y Môr pursuant to this Part, the undertaker must comply with the conditions if it chooses to implement or rely on the consent, unless the conditions are waived or varied in writing by Awel y Môr.

124

The undertaker must not under the powers of this Order—

• (a) acquire, extinguish, suspend, override or interfere with any rights that Awel y Môr has in respect of any apparatus or the Awel y Môr Onshore Works;

• (b) acquire, extinguish, suspend or override any rights that Awel y Môr has in respect of the access plots pursuant to the Awel y Môr Order;

• (c) acquire the Awel y Môr Order land or acquire any new rights or impose restrictive covenants or exercise any powers of temporary use over or in relation to the Awel y Môr Order land, without the consent of Awel y Môr, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions.

125

• (1) During the construction of the authorised development the undertaker will not use Work No. 30 for the period starting with the date of completion of construction of the undertaker’s temporary access track until the date of commencement of demobilisation of the undertaker’s temporary access track unless otherwise agreed.

• (2) At all other times during the construction of the authorised project the undertaker must coordinate its use of Work No. 30, including traffic movements, with Awel y Môr so as to prevent against restricting or impeding Awel y Môr’s use of the same.

• (3) At least 28 days prior to the submission to the local highway authority of the design of temporary construction access AC-R1 (as identified on the street works and access plan) pursuant to requirement 10, the undertaker will share the proposed access designs and the details of any associated traffic management measures with Awel y Môr and take into account any reasonable representations made by Awel y Môr.

126

• (1) The undertaker must not under the powers of this Order carry out any specified works without the consent of Awel y Môr, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions and if Awel y Môr does not respond within 56 days then consent is deemed to be given.

• (2) Subject to obtaining consent pursuant to sub-paragraph (1) and not less than 56 days before beginning to construct any specified works, the undertaker must submit plans of the specified works to Awel y Môr and must submit such further particulars available to it that Awel y Môr may reasonably require.

• (3) Any specified works must be constructed without unreasonable delay in accordance with the plans approved in writing by Awel y Môr.

• (4) Any approval of Awel y Môr required under this paragraph may be made subject to such reasonable conditions as may be required for the protection or alteration of any apparatus within the Overlap area or the Awel y Môr Onshore Works or for securing access to any apparatus within the Overlap area or the Awel y Môr Onshore Works.

• (5) Where Awel y Môr requires any protective works to be carried out either by themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to Awel y Môr’s reasonable satisfaction.

• (6) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any specified works, new plans instead of the plans previously submitted, and the provisions of this paragraph shall apply to and in respect of the new plans.

127

• (1) The undertaker must give to Awel y Môr written notice of completion not more than 14 days after the completion of any specified works.

• (2) The undertaker is not required to comply with paragraph 126 or sub-paragraph (1) of this paragraph in a case of emergency, but in that case it must give to Awel y Môr notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonable practicable subsequently and must comply with paragraph 126 in so far as is reasonably practicable in the circumstances.

128

The undertaker must at all reasonable times during construction of the specified works allow Awel y Môr and its servants and agents access to the specified works and all reasonable facilities for inspection of the specified works.

129

• (1) After the purpose of any temporary works has been accomplished, the undertaker must with all reasonable dispatch, or after a reasonable period of notice in writing from Awel y Môr requiring the undertaker to do so, remove the temporary works, in, on, under, over, or within the Overlap area.

• (2) If the undertaker fails to remove the temporary works within a reasonable period of receipt of a notice pursuant to sub-paragraph (1), Awel y Môr may remove the temporary works and may recover the reasonable costs of doing so from the undertaker.

130

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus or the Awel y Môr Onshore Works is materially obstructed, the undertaker must provide such alternative means of access to such apparatus or the Awel y Môr Onshore Works as will enable Awel y Môr to maintain or use the apparatus or access the Awel y Môr Onshore Works no less effectively than was possible before the obstruction.

131

Subject to paragraph 130, the undertaker must not exercise the powers conferred by this Order to prevent or interfere with the access by Awel y Môr to the Awel y Môr Onshore Works.

132

To ensure its compliance with this Part, the undertaker must before carrying out any works or operations pursuant to this Order within the Overlap area request up-to-date written confirmation from Awel y Môr of the location of any apparatus or the Awel y Môr Onshore Works.

133

The undertaker and Awel y Môr must each act in good faith and use reasonable endeavours to co-operate with, and provide assistance to, each other as may be required to give effect to the provisions of this Part.

134

The undertaker must pay to Awel y Môr the reasonable expenses incurred by Awel y Môr in connection with the approval of plans, inspection of any specified works or the alteration or protection of any apparatus or the Awel y Môr Onshore Works.

135

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, use, maintenance or failure of any specified works, any damage is caused to any apparatus or there is any interruption in any service provided, or in the supply of any goods, by Awel y Môr, or Awel y Môr becomes liable to pay any amount to any third party, the undertaker must—

• (a) bear and pay the cost reasonably incurred by Awel y Môr in making good such damage or restoring the service or supply; and

• (b) indemnify Awel y Môr for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Awel y Môr, by reason or in consequence of any such damage or interruption or Awel y Môr becoming liable to any third party as aforesaid.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of Awel y Môr, its officers, servants, contractors or agents.

• (3) Awel y Môr must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made, unless payment is required in connection with a statutory compensation scheme without first consulting the undertaker and considering its representations.

• (4) Awel y Môr must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 135 applies. If requested to do so by the undertaker, Awel y Môr shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 135 for claims reasonably incurred by Awel y Môr.

• (5) The fact that any work or thing has been executed or done with the consent of Awel y Môr and in accordance with any conditions or restrictions prescribed by Awel y Môr or in accordance with any plans approved by Awel y Môr or to its satisfaction or in accordance with any directions or award of any arbitrator does not relieve the undertaker from any liability under this Part.

136

Any dispute arising between the undertaker and Awel y Môr under this Part must be determined by arbitration under article 45 (arbitration).

SCHEDULE 11 — Removal of hedgerows

PART 1 — Removal of hedgerows

In the County of Conwy:

(1) Grid coordinates	(1) Grid coordinates	(2) Identifier as shown on the tree and hedgerow plan	(3) Grid coordinates	(3) Grid coordinates	(4) Identifier as shown on the tree and hedgerow plan
Easting	Northing		Easting	Northing
291991	376813	3a	291993	376811	3b
292001	376812	5a	292100	376799	5b
292082	376596	6a	291983	376611	6b
292125	376997	9a	292172	376942	9b
292266	377188	15a	292180	377202	15b
292268	377188	16a	292237	377068	16b
292312	377294	17a	292355	377233	17b
292301	378096	18a	292443	378080	18b
292320	376180	21a	292290	376168	21b
292381	377202	23a	292415	376930	23b
292396	376033	25a	292403	376033	25b
292408	376034	26a	292453	375838	26b
292421	376034	28a	292491	376048	28b
292442	378080	29a	292305	378077	29b
292502	376010	31a	292418	376034	31b
292535	375503	34a	292545	375508	34b
292545	375589	35a	292535	375600	35b
292575	375803	36a	292467	375817	36b
292620	375692	37a	292509	375698	37b
292668	375580	38a	292631	375667	38b
292685	375544	39a	292583	375526	39b
292763	375251	40a	292830	375328	40b
293067	374768	47a	292997	374724	47b
293124	374531	48a	293124	374533	48b
293308	374499	50a	293287	374475	50b
293312	373990	51a	293387	373856	51b
293454	373956	55a	293497	373938	55b
293493	374145	56a	293343	374053	56b
293497	373938	57a	293518	374080	57b
293497	373938	58a	293638	374303	58b
293637	374306	61a	293635	374304	61b
293640	374322	62a	293637	374306	62b
293991	373928	68a	294087	373917	68b
294087	373911	70a	294118	373790	70b
294265	373766	74a	294316	373656	74b
294441	373489	75a	294464	373571	75b
294462	373567	76a	294487	373576	76b
294672	373503	77a	294690	373615	77b
294826	373694	78a	294901	373646	78b
295002	373720	79a	295005	373784	79b
295351	373915	81a	295210	373842	81b
295639	373924	92a	295607	373710	92b
296112	373742	103a	296091	373681	103b
296323	373772	104a	296363	373870	104b
296406	373863	107a	296433	373912	107b
296523	373836	112a	296558	373927	112b
296558	373929	114a	296570	373960	114b
296580	374000	117a	296585	373998	117b
296648	373991	118a	296710	373977	118b
296623	374101	122a	296628	374099	122b
296570	373960	124a	296559	373929	124b
296720	373910	128a	296726	374013	128b
297028	374154	135a	297061	374076	135b
297194	374220	137a	297177	374242	137b
297369	374054	138a	297351	373985	138b
297369	374057	139a	297192	374206	139b
297380	374178	140a	297199	374236	140b
297464	374053	142a	297369	374054	142b
297463	374146	143a	297403	374172	143b
297513	373742	146a	297506	373958	146b
297513	373739	147a	297513	373739	147b
297536	374060	151a	297496	373958	151b
297547	374060	152a	297506	373958	152b
297766	373905	153a	297795	374024	153b
297833	373837	154a	297945	373797	154b

In the County of Denbighshire:

(1) Grid coordinates	(1) Grid coordinates	(2) Identifier as shown on the tree and hedgerow plan	(3) Grid coordinates	(3) Grid coordinates	(4) Identifier as shown on the tree and hedgerow plan
Easting	Northing		Easting	Northing
298416	373607	160a	298409	373610	160b
298420	373603	161a	298638	373560	161b
298421	373603	162a	298383	373526	162b
298465	373742	163a	298469	373740	163b
298468	373732	164a	298419	373613	164b
298469	373740	165a	298469	373740	165b
298638	373560	167a	298684	373448	167b
298638	373561	168a	298683	373703	168b
298684	373714	169a	298698	373740	169b
298859	373918	171a	298936	373909	171b
298912	373765	174a	298891	373779	174b
298918	373764	176a	298918	373764	176b
298996	373913	177a	298912	373765	177b
299207	373262	180a	299308	373266	180b
299230	373939	181a	299278	373945	181b
299246	373282	182a	299239	373360	182b
299302	373948	183a	299302	373948	183b
299308	373316	185a	299314	373280	185b
299332	374020	188a	299314	374025	188b
299426	373979	190a	299407	373972	190b
299592	373130	191a	299468	373094	191b
299712	372909	192a	299756	372988	192b
300273	372619	197a	300251	372635	197b
300312	372839	203a	300504	372999	203b
300334	372701	205a	300279	372724	205b
300419	372875	207a	300432	372896	207b
300422	372951	208a	300413	372974	208b
300528	372926	211a	300504	372998	211b
300736	373132	218a	300690	373053	218b
300837	372995	219a	300915	373061	219b
300919	373061	220a	300954	373041	220b
300954	373041	221a	301021	372995	221b
301044	373188	222a	300922	373072	222b
301182	373151	229a	301148	373117	229b
301182	373151	230a	301127	373214	230b
301268	373608	237a	301197	373484	237b
301276	373416	238a	301309	373454	238b
301323	373447	240a	301463	373327	240b
301392	372847	241a	301341	372784	241b
301434	372731	244a	301407	372717	244b
301447	373195	245a	301407	373126	245b
301460	372992	246a	301547	373135	246b
301461	373320	247a	301423	373279	247b
301471	372953	248a	301392	372847	248b
301480	372754	249a	301440	372731	249b
301522	372781	254a	301579	372836	254b
301564	373595	258a	301394	373383	258b
301578	372844	259a	301561	372852	259b
301579	372836	260a	301601	372822	260b
301608	372837	261a	301878	373106	261b
301666	373230	262a	301571	373121	262b
301690	373032	263a	301551	372868	263b
301731	372830	264a	301631	372878	264b
301854	372942	266a	301756	372811	266b
301860	372790	267a	301859	372789	267b
301860	372790	268a	301783	372839	268b
301880	372802	269a	301860	372790	269b
301884	372978	270a	301964	372912	270b
301945	372856	272a	301916	372823	272b
301956	372779	273a	302045	372720	273b
302003	373723	275a	302011	373722	275b
302009	373717	276a	302002	373717	276b
302045	373780	277a	302052	373778	277b
302074	373909	278a	302032	373912	278b
302107	373121	279a	302230	373019	279b
302144	373172	280a	302269	373121	280b
302170	373896	281a	302115	373890	281b

PART 2 — Removal of important hedgerows

In the County of Conwy:

(1) Grid coordinates	(1) Grid coordinates	(2) Identifier as shown on the tree and hedgerow plan	(3) Grid coordinates	(3) Grid coordinates	(4) Identifier as shown on the tree and hedgerow plan
Easting	Northing		Easting	Easting	Northing
291968	376950	1a	291965	376945	1b
291975	376954	2a	291959	376910	2b
292104	376315	7a	292181	376379	7b
292160	376371	10a	292100	376319	10b
292160	376371	11a	292128	376443	11b
292179	376382	13a	292163	376371	13b
292308	378065	20a	292468	378063	20b
292452	377497	30a	292494	377340	30b
292511	375693	33a	292628	375685	33b
292883	374914	42a	292929	374915	42b
292910	374966	43a	292970	375082	43b
292930	374911	44a	293010	374812	44b
293006	374932	45a	292930	374912	45b
292899	374921	49a	293008	374942	49b
293434	373879	53a	293586	373952	53b
293588	373951	60a	293606	373742	60b
293882	373875	65a	293942	373830	65b
293944	373830	66a	293959	373914	66b
293944	373829	67a	294191	373675	67b
294020	373750	69a	294190	373822	69b
294219	373794	71a	294192	373680	71b
294262	373609	73a	294347	373663	73b
295117	373790	80a	295236	373870	80b
295372	373937	82a	295431	373843	82b
295380	373945	84a	295436	373851	84b
295590	373721	89a	295650	373652	89b
295612	374124	90a	295475	374045	90b
295702	373985	93a	295636	373924	93b
295786	374174	94a	295612	374124	94b
295817	373727	96a	295909	373737	96b
295921	374217	97a	295788	374171	97b
295993	373731	99a	296092	373683	99b
295995	373765	100a	295991	373734	100b
296001	373719	101a	295984	373665	101b
296091	374282	102a	295922	374219	102b
296359	373888	105a	296362	373880	105b
296472	373819	108a	296373	373893	108b
296453	373813	110a	296362	373880	110b
296558	373928	113a	296663	373890	113b
296608	374083	120a	296613	374080	120b
296665	374216	127a	296655	374217	127b
296838	373923	131a	296825	374022	131b
296831	374024	132a	296842	373923	132b
296986	374050	134a	296850	374039	134b
297095	374143	136a	297126	374059	136b

In the County of Denbighshire:

(1) Grid coordinates	(1) Grid coordinates	(2) Identifier as shown on the tree and hedgerow plan	(3) Grid coordinates	(3) Grid coordinates	(4) Identifier as shown on the tree and hedgerow plan
Easting	Northing		Easting	Easting	Northing
298091	373653	158a	298047	373576	158b
298148	373545	159a	298172	373643	159b
298852	373413	170a	298881	373508	170b
298886	373507	173a	298858	373411	173b
299006	373917	178a	299091	373914	178b
299193	373271	179a	299247	373275	179b
299305	373275	184a	299247	373275	184b
299314	373260	186a	299323	373194	186b
299317	373277	187a	299387	373278	187b
299314	373267	189a	299395	373275	189b
300122	372712	195a	300251	372636	195b
300252	372636	196a	300279	372724	196b
300279	372847	198a	300311	372829	198b
300279	372724	199a	300311	372829	199b
300283	372854	200a	300311	372837	200b
300311	372837	201a	300364	372794	201b
300311	372829	202a	300366	372784	202b
300365	372794	206a	300364	372794	206b
300534	373171	212a	300519	373161	212b
300580	373211	214a	300737	373132	214b
300628	373324	215a	300567	373211	215b
300657	373359	217a	300582	373221	217b
301246	373196	235a	301182	373151	235b
301254	373193	236a	301158	373117	236b
301309	373454	239a	301376	373609	239b
301393	372850	242a	301522	372781	242b
301427	373217	243a	301505	373360	243b
301493	372641	251a	301436	372728	251b
301493	372640	252a	301529	372686	252b
301529	372691	255a	301500	372763	255b
301547	373135	257a	301453	373187	257b
301813	373121	265a	301695	373040	265b
301916	372823	271a	301950	372787	271b
301956	372779	274a	302109	372982	274b
302200	372940	282a	302055	373021	282b

PART 3 — Trees subject to tree preservation orders

(1) Tree preservation order reference	(2) Type of tree	(3) Work to be carried out	(4) Relevant part of the authorised project
Conwy County Borough Council Tree preservation order No. 4 dated 4 November 1949 relating to Part of Gwrych Castle Estate and Adjoining Land	Trees within the area identified as W4 in the First Schedule of the tree preservation order and as shown on Sheet 2 of the tree and hedgerow plan	Removal, felling or lopping of trees to facilitate the construction of access AC-B1 identified on the street works and access to works plan and otherwise to facilitate the authorised project	Work No. 9 sub-section (c) and Work No. 10 sub-section (e)

SCHEDULE 12 — Approval of matters specified in requirements

Interpretation

1

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

2

In this schedule “discharging authority” means—

• (a) any body responsible for giving any consent, agreement or approval required by a requirement included in Schedule 2, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or

• (b) the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 subsequently referred to as “the 1974 Act”(a).

Applications made under requirements

3

• (1) Where an application has been made to the relevant discharging authority for any agreement or approval required pursuant to a requirement included in this Order, the relevant discharging authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period of 13 weeks beginning with—

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

• (b) where further information is requested under paragraph 4 the working day immediately following that on which the further information has been supplied by the undertaker, or such longer period as may be agreed in writing by the undertaker and the relevant planning discharging authority.

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

Further information

4

• (1) Where an application has been made under paragraph 3 the relevant planning authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

• (2) If the relevant discharging authority considers further information is needed, and the requirement does not specify that consultation with a consultee is required, it must, within 15 working days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the requirement indicates that consultation must take place with a consultee the relevant planning authority must issue the consultation to the requirement consultee within five working days of receipt of the application. Where the consultee requires further information they must notify the relevant discharging authority in writing specifying the further information required within 15 working days of receipt of the consultation. The relevant discharging authority must notify the undertaker in writing specifying any further information requested by the consultee within five working days of receipt of such a request.

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

Provision of information by Consultees

5

• (1) Any consultee who receives a consultation under paragraph 4(3) must respond to that request within 20 working days from receipt unless sub-paragraph (2) of this paragraph applies.

• (2) Where any consultee requests further information in accordance with the timescales set out in paragraph 4(3) then they must respond to the consultation within 10 working days from the receipt of the further information requested.

Fees

6

• (1) Where an application is made to the relevant planning authority for agreement or approval in respect of a requirement or agreement or approval of an amendment pursuant to requirement 30 of Schedule 2 the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (Wales) Regulations 2015⁵¹ (or any regulations replacing the same) is to be paid by the undertaker to the relevant planning authority in accordance with these regulations unless otherwise agreed with the relevant planning authority.

• (2) Any fee paid under this Schedule must be refunded to the undertaker within 20 working days of the application being rejected as invalidly made.

Appeal

7

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

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

• (i) a requirement included in this Order; or

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

• (b) the discharging authority does not determine such an application within the time period set out in paragraph 3, or grants it subject to conditions;

• (c) the discharging authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act;

• (d) on receipt of a request for further information pursuant to paragraph 4 of this Part of this Schedule, the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

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

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

• (a) any appeal by the undertaker must be made within 30 working days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 3, giving rise to the appeal referred to in sub- paragraph (1);

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

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

• (d) the relevant discharging authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within 15 working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the appeal parties must make any counter-submissions to the appointed person within 15 working days of receipt of written representations pursuant to sub-paragraph (2)(d); and

• (f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 20 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (2)(e).

• (3) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

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

• (5) Any further information required under sub-paragraph (4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the relevant planning authority and any consultee required to be consulted pursuant to the requirement the subject of the appeal on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 working days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (2)(d) to (2)(f).

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

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not).

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

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

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

• (10) If an approval is given by the appointed person pursuant to this paragraph, it is to be deemed to be an approval for the purpose of Schedule 12 as if it had been given by the relevant discharging authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

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

• (12) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Welsh Government’s ‘Development Management Manual Section 12 Annex: Award of costs’ or any circular or guidance which may from time to time replace it.

SCHEDULE 13 — 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 45 (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 parties. Any dispute which is not resolved amicably by the senior management of the parties within twenty business days of the dispute arising, or such longer period as agreed in writing by the parties, will be subject to arbitration in accordance with the terms of this Schedule.

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

Time periods

2

• (1) All time periods in these arbitration rules will be measured in business days and this will exclude weekends and bank 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 acceptance of an appointment by agreement of the parties; or

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

Timetable

3

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

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

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

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

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

• (a) a written statement of defence responding to the claimant’s statement of claim, 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, 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 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 will make an award on the substantive difference based solely on the written material submitted by the parties unless the arbitrator decides that a hearing is necessary to explain or resolve any matters.

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

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

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

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

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

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

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

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

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

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

• (9) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document,and may make a decision on the information before them attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure 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(a), including the non-mandatory sections, save where modified by these rules.

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

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

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

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

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

Confidentiality

7

• (1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation will be confidential and will only be publicly disclosed where required by law or with the agreement of both parties.

• (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 14 — Marine Licence ORML2429G: Mona Offshore Wind Farm Generation Assets

PART 1 — Licensed marine activities

Interpretation

1

• (1) In this licence—

• “2004 Act” means the Energy Act 2004⁵²;

• “2008 Act” means the Planning Act 2008;

• “2009 Act” means the Marine and Coastal Access Act 2009⁵³;

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

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

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

• “authorised scheme” means the authorised development described as Work No. 1 and the further associated development described in paragraph 3 of Part 1 of this licence or any part of that work or development;

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

• “cable” means up to 400kV cables for the transmission of electricity and includes direct lay cables, cables laid in cable ducts or protective covers, and further includes fibre optic and other communications cables either within the cable or laid alongside;

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

• “cable protection” means measures to protect cables from physical damage including but not limited to concrete mattresses, with or without frond devices, and/or rock placement, the use of bagged solutions filled with grout or other materials;

• “commence” means the first carrying out of any licensed marine activities, save for non-intrusive pre-construction surveys, unexploded ordnance surveys and low order unexploded ordnance clearance, and “commenced” and “commencement” must be construed accordingly;

• “commercial operation” means in relation to any part of the authorised scheme the exportation, transmission or conversion, on a commercial basis, of electricity;

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

• “electronic transmission” means a communication transmitted—by means of an electronic communications network; orby other means but while in electronic form;

• “environmental statement” means the document certified as the environmental statement by the Secretary of State under article 41 (certification of plans and documents etc) of this Order including the documents listed in Table 6 of Schedule 15;

• “foundation” means any one or more of: a multi-leg pin piled jacket, multi-leg suction bucket jacket, or gravity base foundation;

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

• “HAT” means highest astronomical tide;

• “high order unexploded ordnance clearance” means an unexploded ordnance clearance method which intentionally seeks to detonate the unexploded ordnance;

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

• “interconnector cables” means the cables linking the offshore substation platforms to each other;

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

• “LAT” means lowest astronomical tide;

• “layout principles” means the layout development principles contained within Table 3.7 of the environmental statement project description referred to as document F1.3 in Schedule 15;

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

• “licensed marine activities” means those activities detailed in paragraph 2 Part 1 of Schedule 14;

• “licensing authority” means Natural Resources Body for Wales acting on behalf of the Welsh Ministers pursuant to powers under the 2009 Act or any successor of that function;

• “low order unexploded ordnance clearance” means an unexploded ordnance clearance method which falls within the scope of the methods assessed by the environmental statement and which does not seek to detonate the unexploded ordnance;

• “maintain” includes works to:inspect, upkeep, repair, adjust or alter the authorised scheme; andremove, reconstruct or replace any part of the authorised scheme,provided that such works are undertaken in accordance with condition 10 and do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “maintain” is to be construed accordingly;

• “marine enforcement officer” means an officer acting on behalf of Welsh Ministers in relation to Welsh Minister’s enforcement responsibilities for this marine licence and “MEO” must be construed accordingly;

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

• “measures to minimise disturbance to marine mammals and rafting birds from transiting vessels” means the document certified as the measures to minimise disturbance to marine mammals and rafting birds from transiting vessels by the Secretary of State under article 41 for the purposes of this Order;

• “NRW” means Natural Resources Body for Wales or any successor body to its functions;

• “offshore in-principle monitoring plan” means the document certified as the offshore in-principle monitoring plan by the Secretary of State under rticle 41 for the purposes of this Order;

• “offshore order limits and grid coordinates plan” means the document certified as the offshore order limits and grid coordinates plan by the Secretary of State under article 41 for the purposes of this Order;

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

• “offshore surface structures” means offshore substation platforms and wind turbine generators;

• “Order limits” means the limits shown on the offshore order limits and grid coordinates plan certified as the offshore order limits and grid co-ordinates plan by the Secretary of State under article 41 for the purposes of this Order within which the authorised project may be carried out;

• “outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State under article 41 for the purposes of this Order;

• “outline marine mammal mitigation protocol” means the document certified as the outline marine mammal mitigation protocol by the Secretary of State under article 41 for the purposes of this Order;

• “outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State under article 41 for the purposes of this Order;

• “outline offshore written scheme of investigation for archaeology and protocol for archaeological discoveries” means the document certified as the outline offshore written scheme of investigation for archaeology and protocol for archaeological discoveries by the Secretary of State under article 41 for the purposes of this Order;

• “outline onshore written scheme of investigation” means the document certified as the outline onshore written scheme of investigation by the Secretary of State under article 41 for the purposes of this Order;

• “outline underwater sound management strategy” means the document certified as the outline underwater sound management strategy by the Secretary of State under article 41 for the purposes of this Order;

• “outline vessel traffic management plan” means the document certified as the outline vessel traffic management plan by the Secretary of State under article 41 for the purposes of this Order;

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

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

• “scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including by the use of bagged solutions, filled with grout or other materials, protective aprons, mattresses with or without frond devices, and rock and gravel placement;

• “statutory historic body” means CADW, Welsh Archaeological Trust, or Royal Commission on the Ancient and Historical Monuments of Wales, or the relevant successor bodies;

• “statutory nature conservation body” means the Joint Nature Conservation Committee (or the relevant successor body) or NRW;

• “suction bucket jacket foundation” means a tubular steel structure which partially or fully penetrates the seabed and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

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

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

• “undertaker” means Mona Offshore Wind Limited (company registration number 13497266) whose registered office address is Chertsey Road, Sunbury on Thames, Middlesex, United Kingdom, TW16 7BP;

• “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; and

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

• (2) In this licence a reference to any statute, order, regulation or similar instrument is a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

• (3) In this licence, unless otherwise indicated—

• (a) all times are Greenwich Mean Time (“GMT”);

• (b) all coordinates are latitude and longitude decimal degrees.

• (4) Unless otherwise stated or agreed with the licensing authority, all notifications must be sent by the undertaker to the licensing authority. Except where otherwise notified in writing by the relevant organisation, the addresses for correspondence for the purposes of this Schedule are—

• (a) Natural Resources Wales Marine Licensing Team

Email: marinelicensing@cyfoethnaturiolcymru.gov.uk

Tel: 0300 065 3000

Welsh Government Offices

Cathays Park

King Edward VII Avenue

Cardiff

CF10 3NQ

• (b) Maritime and Coastguard Agency

UK Technical Services Navigation

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Email: navigationsafety@mcga.gov.uk

• (c) Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900

Email: navigation@trinityhouse.co.uk

• (d) United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900

• (e) Welsh Government Marine Enforcement Officers

Welsh Government

Suite 3

Cedar Court

Haven’s Head Business Park

Milford Haven

Pembrokeshire

SA73 3LS

Tel: 03000253500

Email:wfmccmpc@gov.wales

• (f) Civil Aviation Authority

Aviation House

Beehive Ringroad

Crawley

West Sussex

Details of licensed marine activities

2

Subject to the 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 of the substances and objects specified in paragraph 4 below;

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

• (c) dredging for the purposes of seabed preparation for foundation works or cable works;

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

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

• (f) low order unexploded ordnance clearance;

• (g) the use of extracted seabed material within gravity base foundations; and

• (h) the disposal of up to 13,037,497 cubic metres of inert material of natural origin within Work No. 1 produced during construction drilling or seabed preparation for foundation works, cable works and boulder clearance works.

3

Such activities are authorised in relation to the construction, maintenance and operation of the authorised scheme being an offshore wind generating station with electrical output capacity of over 350 mega watts comprising—

4

The substances and objects authorised for deposit at sea are—

• (a) iron, steel, copper and aluminium;

• (b) stone and rock;

• (c) concrete and grout;

• (d) sand and gravel;

• (e) plastic and synthetic;

• (f) material extracted from within Work No. 1 during construction drilling or seabed preparation for foundation works and cable sandwave preparation works; and

• (g) marine coatings, other chemicals and timber.

5

The licenced marine activities set out in paragraph 2 must be located within Work No. 1 being the area described by the co-ordinates set out in Table 3 below—

Point	Latitude WGS84	Longitude WGS84
1	53.6363894	-4.0563946
2	53.7088426	-4.0581057
3	53.7804251	-4.0602816
4	53.7909267	-4.0573473
5	53.7909295	-4.0573466
6	53.8087168	-4.0364299
7	53.8074112	-3.9392126
8	53.7607763	-3.8626603
9	53.7607757	-3.8626596
10	53.7384537	-3.8261066
11	53.6900718	-3.8251539
12	53.6513598	-3.8014256
13	53.6102634	-3.8006428
14a	53.6114805	-3.8832447
15a	53.6295993	-4.0090005

6

This licence remains in force until the authorised scheme has been decommissioned in accordance with the provisions of Schedule 2, requirement 20 of the Order and 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 (reviews and revisions of decommissioning programmes) of the 2004 Act, and the completion of such programme has been confirmed by the Secretary of State in writing.

7

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

8

With respect to any condition which requires the licensed marine activities be carried out in accordance with the details, plans or schemes approved under this licence, the approved details, plans or schemes are taken to include any amendments that may subsequently be approved in writing by the licensing authority.

PART 2 — Conditions

Design parameters

9

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

• (2) The parameters in Table 4 do not allow works in relation to wind turbine generators that give rise to any materially new or materially different environmental effects to those identified in the environmental statement based upon the two assessed scenarios set out in Table 3.5 of the environmental statement.

Parameter	Value
Maximum number of wind turbine generators	96
Maximum height of wind turbine generators when measured from LAT to the tip of the vertical blade (metres)	364
Maximum rotor diameter of each wind turbine generator (metres)	320
Maximum rotor swept area (square metres)	5,468,884
Minimum distance from LAT to the lowest point of the rotating blade for each turbine (metres)	34
Minimum distance between rows of offshore surface structures (metres)	1,400
Minimum distance between offshore surface structures within a row (metres)	1,400
Maximum diameter of pin piles for wind turbine generators on jacket pin pile foundation (metres)	5.5
Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (metres)	49
Maximum diameter of buckets for wind turbine generators on suction bucket jackets (metres)	18
Maximum diameter of pin piles for offshore substation platform on jacket pin pile foundations (metres)	5.5
Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (metres)	80
Maximum volume of extracted material to be used in gravity base foundations (cubic metres)	490,000
Maximum diameter of buckets for offshore substation platforms on suction bucket jackets (metres)	18
Maximum total seabed footprint for wind turbine generators (including scour protection) (square metres)	735,488
Maximum number of offshore substation platforms	4
Maximum dimensions of offshore substation platforms (excluding towers, helipads, masts, and cranes):
Height of main structure when measured from LAT (metres)	70
Length (metres)	80
Width (metres)	60
Maximum total seabed footprint area for offshore substation foundations (including scour protection) (square metres)	24,964
Maximum volume of scour protection for offshore substation foundations (cubic metres)	58,361
Maximum volume of scour protection for wind turbine generators (cubic metres)	1,701,998
Maximum total length of cables within Work No. 1 (inter-array and interconnector) (kilometres)	325
Maximum total length of interconnector cables (kilometres)	50
Maximum length of inter-array cables (kilometres)	325
Maximum number of cable crossings (inter-array)	67
Maximum number of cable crossings (interconnector)	10
Maximum volume of cable protection for cables within Work No.1 (inter-array and interconnector) (cubic metres)	1,053,420
Maximum total seabed footprint of cable protection for cables within Work No. 1 (inter-array and interconnector) (square metres)	627,960

Maintenance of the authorised scheme

10

• (1) The undertaker may at any time maintain the authorised scheme, so far as is consistent with the provisions of this licence and except to the extent that this marine licence or an agreement made under this marine licence provides otherwise.

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

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

• (b) painting and applying other coatings to wind turbine generators or offshore substation platforms;

• (c) bird waste and marine growth removal;

• (d) cable remedial burial;

• (e) cable repairs and replacement;

• (f) access ladder and boat landing replacement;

• (g) wind turbine generator and substation platform anode replacement; and

• (h) j-tube repair/replacement.