Legalize / United Kingdom / Statutory-Instrument

The Outer Dowsing Offshore Wind Farm Order 2026

Type Statutory-Instrument

Publication 2026-02-10

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of Spalding Energy, or there is any interruption in any service provided, or in the supply of any goods or energy, by Spalding Energy or Spalding Energy becomes liable to pay any amount to any third party, the undertaker will—

(a) bear and pay on demand accompanied by an invoice or claim from Spalding Energy the cost reasonably and properly incurred by Spalding Energy in making good such damage or restoring the supply; and

(b) indemnify Spalding Energy for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Spalding Energy, by reason or in consequence of any such damage or interruption or Spalding Energy becoming liable to any third party other than arising from any default of Spalding Energy.

(2) The fact that any act or thing may have been done by Spalding Energy on behalf of the undertaker or in accordance with a plan approved by Spalding Energy or in accordance with any requirement of Spalding Energy or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (2) unless Spalding Energy fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—

(a) any damage or interruption to the extent that it is attributable to the neglect or default of Spalding Energy, its officers, servants, contractors or agents;

(b) any authorised works and/or any other works authorised by this Part of this Schedule carried out by Spalding Energy as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the Planning Act 2008 or article 5 (benefit of the Order) subject to the proviso that once such works become apparatus (“new apparatus”), any authorised works yet to be executed and not falling within this sub-paragraph 3(b) will be subject to the full terms of this Part of this Schedule including this paragraph 10; and/or

(c) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable;

(4) Spalding Energy must give the undertaker reasonable notice of any such claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

(5) Spalding Energy must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.

(6) Spalding Energy must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within Spalding Energy’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of Spalding Energy’s control and, if reasonably requested to do so by the undertaker, Spalding Energy must provide an explanation of how the claim has been minimised, where relevant.

(7) Not to commence construction (and not to permit the commencement of such construction) of the authorised works on any land owned by Spalding Energy or in respect of which Spalding Energy has an easement or wayleave for its apparatus or any other interest or to carry out any works within 100 metres of Spalding Energy’s apparatus until the following conditions are satisfied—

(a) unless and until Spalding Energy is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has first provided the acceptable security (and provided evidence that it will maintain such acceptable security for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works) and Spalding Energy has confirmed the same to the undertaker in writing; and

(b) unless and until Spalding Energy is satisfied acting reasonably (but subject to all necessary regulatory constraints) that the undertaker has procured acceptable insurance (and provided evidence to Spalding Energy that it will maintain such acceptable insurance for the construction period of the authorised works from the proposed date of commencement of construction of the authorised works) and Spalding Energy has confirmed the same in writing to the undertaker.

(8) In the event that the undertaker fails to comply with 10(7) of this Part of this Schedule, nothing in this Part of this Schedule prevents Spalding Energy from seeking injunctive relief (or any other equitable remedy) in any court of competent jurisdiction.

Enactments and agreements

168

Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between Spalding Energy and the undertaker, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Spalding Energy in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

169

(1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or Spalding Energy requires the removal of apparatus under paragraph 6(2) or Spalding Energy makes requirements for the protection or alteration of apparatus under paragraph 8, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of Spalding Energy’s undertaking and Spalding Energy must use its best endeavours to co-operate with the undertaker for that purpose.

(2) For the avoidance of doubt whenever Spalding Energy’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.

Access

170

If in consequence of the agreement reached in accordance with paragraph 5(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable Spalding Energy to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

171

Save for differences or disputes arising under paragraph 6(2), 6(4), 7(1) and 8 any difference or dispute arising between the undertaker and Spalding Energy under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Spalding Energy, be determined by arbitration in accordance with article 38 (arbitration).

Notices

172

Notwithstanding article 46 (service of notices), any plans submitted to Spalding Energy by the undertaker pursuant to paragraph 8 must be submitted by courier service, first class post or by registered post to Spalding Energy Company, Ltd, West Marsh Road, Spalding, Lincolnshire, PE11 2BB and with a copy sent to edaniels@intergen.com and uknotices@intergen.com or such other address as Spalding Energy may from time to time appoint instead for that purpose and notify to the undertaker in writing.

SCHEDULE 19 — 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 4 months from the date the Arbitrator is appointed pursuant to article 38 (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, are to be subject to arbitration in accordance with the terms of this Schedule.

(3) The Arbitration is 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 are calculated from the day after the Arbitrator is appointed which is 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 is 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, the amount of its claim and/or 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;

(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;

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

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

Procedure

4

(1) The seat, or place, of the arbitration must be London, England, the governing law must be the laws of England and Wales and the language of the arbitration proceedings must be English. The proceedings must be conducted in accordance with the Arbitration Act 1996[^f00095], save where modified by these Rules.

(2) The Arbitrator must make an award on the substantive difference(s) 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.

(3) 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.

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

(5) Within 10 days of the Arbitrator advising the parties that he is to hold a hearing, the date and venue for the hearing must 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.

(6) A decision must 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.

(7) There is no process of examination and cross-examination of experts, but the Arbitrator must 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) is—

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

(b) if more than one expert is called, they are to 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 must be as directed by the Arbitrator and must be provided at least five days before the hearing.

(8) 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.

(9) 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.

(10) 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.

(11) The Arbitrator’s award must include reasons. The parties must 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, including the non-mandatory sections, save where modified by these Rules.

(2) There must 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 are to 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 must notify the parties that the award is completed, signed and dated, and that it is to 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 must 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 must 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 and/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.

Conservatory and Interim Measures

8

(1) Unless the parties have otherwise agreed, after the arbitration has commenced, the Arbitrator may, at the request of either party, order any conservatory or interim measure it deems appropriate. Any conservatory or interim measure must be in the form of an order, giving reasons, or of an award, as the Arbitrator considers appropriate.

(2) Unless the parties have otherwise agreed, either party may apply to the courts of England and Wales for conservatory or interim measures.

(3) Such application by a party is not deemed to be an infringement or a waiver of the arbitration agreement, and does not affect the relevant powers reserved to the Arbitrator.

SCHEDULE 20 — Procedure for discharge of requirements

Applications made for certain approvals

1

(1) Where an application has been made to a discharging authority for any consent, agreement or approval required or contemplated by any of the requirements within Part 3 of Schedule 1 (requirements) to this Order—

(a) the undertaker must give the discharging authority sufficient information to identify the requirement(s) to which the application relates; and

(b) the undertaker must provide such particulars, plans and drawings as are reasonably considered necessary to deal with the application.

(2) The discharging authority must give notice to the undertaker of its decision on the application before the end of the decision period.

(3) For the purposes of this paragraph, the decision period is—

(a) where no further information is requested under paragraph 2 (further information), 10 weeks from the day immediately following that on which the application is received by the discharging authority;

(b) where further information is requested under paragraph 2 (further information) 10 weeks from the day immediately following that on which the further information has been supplied by the undertaker under paragraph 2; or

(c) such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (a) or (b).

Further information

2

(1) In relation to any application to which this Schedule applies, the discharging authority has the right to request such further information from the undertaker as is reasonably necessary to enable it to consider the application.

(2) If the discharging authority considers such further information to be necessary it must, as soon as reasonably practicable and within 28 days of receipt of the application notify the undertaker in writing specifying the further information required.

(3) If the discharging authority does not give such notification as specified in sub-paragraph (2) it is to be deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

(4) A discharging authority may request further information under sub-paragraph (1) on more than one occasion provided that all such requests are made within the period specified by sub-paragraph (2).

Appeals

3

(1) The undertaker may appeal to the Secretary of State in the event that—

(a) the discharging authority refuses an application for any consent, agreement or approval required or contemplated by a requirement contained within Part 3 of Schedule 1 (requirements) to this Order or grants it subject to conditions to which the undertaker objects;

(b) the discharging authority does not give notice of its decision to the undertaker within the decision period specified in paragraph 1 (applications made for certain approvals) of this Schedule;

(c) on receipt of a request for further information under paragraph 2 (further information) 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;

(d) 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; or

(e) 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;

(2) The appeal process is as follows—

(a) the undertaker must submit the appeal documentation to the Secretary of State, which must include a copy of the application submitted to the discharging authority and any supporting documentation which the undertaker may wish to provide;

(b) the undertaker must on the same day provide copies of the appeal documentation to the discharging authority and the relevant consultees (if applicable);

(c) as soon as is practicable after receiving the appeal documentation, but in any event within 28 business days of receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention must be sent;

(d) the discharging authority and the relevant consultees must submit written representations to the appointed person in respect of the appeal within 20 business days of the date on which the appeal parties are notified of the appointment of a person under sub-paragraph (c) 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 20 business days of receipt of written representations pursuant to sub-paragraph (d) above.

(3) The appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and within 40 business days of—

(a) the deadline within sub-paragraph (2)(e); or

(b) the deadline for written submissions in respect of further information submitted in accordance with sub-paragraph (5), whichever is later.

(4) If the appointed person considers that further information is necessary to enable consideration of the appeal the appointed person must, as soon as practicable, and within 10 business days of the deadline for submissions in accordance with sub-paragraph (2)(e), or where further information has already been requested, within 10 business days of the deadline for written submissions in accordance sub-paragraph (5), notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

(5) Any further information required under sub-paragraph (4) is to be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 business days of that date.

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

(a) allow or dismiss the appeal; or

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

and may deal with the application as if it had been made to the appointed person in the first instance.

(7) The appointed person may proceed to a decision on an appeal taking into account 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 those time limits if it appears to the appointed person that there is sufficient material to enable a decision to be made.

(9) The decision of the appointed person on an appeal is to be final and binding on the appeal 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 under this Schedule, it is deemed to be an approval for the purpose of any consent, agreement or approval required under Part 3 of Schedule 1 (requirements) as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing, but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

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

(12) On application by the discharging 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 Planning Practice Guidance on the award of costs or any circular or guidance which may from time to time replace it.

Fees

4

(1) Where an application is made to the discharging authority for written consent, agreement or approval in respect of a requirement, the fee prescribed under regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012[^f00096] (as may be amended or replaced from time to time) is to apply and must be paid to the discharging authority for each application.

(2) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of—

(a) the application being rejected as invalidly made; or

(b) the discharging authority failing to determine the application within the decision period as determined under paragraph 1, unless within that period the undertaker agrees, in writing, that the fee is to be retained by the discharging authority and credited in respect of a future application.

Interpretation of this Schedule

5

In this Schedule—

“the appeal parties” means the discharging authority, the undertaker and any relevant consultees;

“business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971[^f00097];

“discharging authority” means the body responsible for giving consent, agreement or approval pursuant to a requirement within Part 3 of Schedule 1 (requirements) to this Order; and

“relevant consultee” means any body named in a requirement which is required to be consulted by the discharging authority in discharging that requirement.

SCHEDULE 21 — Documents to be certified

PART 1 — Documents forming the environmental statement to be certified

(1) Document Reference	(2) Examination Library Reference	(3) Document Name	(4) Version	(5) Date
6.1	APP-055 to APP-086	Environmental Statement	1	19 March 2024
6.2	APP-087 to APP-139	Figures	1	19 March 2024
6.3	APP-140 to APP-234	Appendices	1	19 March 2024
6.1	REP5-007	Non-Technical Summary	2	13 March 2025
6.1.3	REP5-009	Chapter 3 Project Description	2	13 March 2025
6.1.4	REP5-013	Chapter 4 Site Selection and Consideration of Alternatives	2	13 March 2025
6.1.5	REP5-015	Chapter 5 EIA Methodology	2	13 March 2025
6.1.7	REP4a-029	Chapter 7 Marine Physical Processes	2	26 February 2025
6.1.8	REP5-017	Chapter 8 Marine Water and Sediment Quality	3	13 March 2025
6.1.9	REP6-018	Chapter 9 Benthic and Intertidal Ecology	3	4 April 2025
6.1.10	REP5-021	Chapter 10 Fish and Shellfish Ecology	2	13 March 2025
6.1.11	C1-019	Chapter 11 Marine Mammals	3	9 September 2025
6.1.12	C1-020	Chapter 12 Offshore and Intertidal Ornithology	3	9 September 2025
6.1.13	REP5-025	Chapter 13 Marine and Intertidal Archaeology	2	13 March 2025
6.1.14	REP5-027	Chapter 14 Commercial Fisheries	2	13 March 2025
6.1.15	REP5-029	Chapter 15 Shipping and Navigation	2	13 March 2025
6.1.16	REP5-031	Chapter 16 Aviation, Radar, Military and Communication	3	13 March 2025
6.1.17	REP5-033	Chapter 17 Seascape, Landscape and Visual	3	13 March 2025
6.1.18	REP5-035	Chapter 18 Marine Infrastructure and Other Users	2	13 March 2025
6.1.19	REP4a-013	Chapter 19 Onshore Air Quality	3	26 February 2025
6.1.20	REP5-037	Chapter 20 Onshore Archaeology and Cultural Heritage	3	13 March 2025
6.1.21	REP5-039	Chapter 21 Onshore Ecology	2	13 March 2025
6.1.22	REP5-043	Chapter 22 Onshore Ornithology [Confidential]	2	13 March 2025
6.1.23	REP4a-015	Chapter 23 Geology and Ground Conditions	2	26 February 2025
6.1.24	REP4a-017	Chapter 24 Onshore Hydrology Hydrogeology and Flood Risk	2	26 February 2025
6.1.25	REP6-022	Chapter 25 Land Use	4	4 April 2025
6.1.26	REP4a-021	Chapter 26 Noise and Vibration	2	26 February 2025
6.1.27	REP4a-023	Chapter 27 Traffic and Transport	3	26 February 2025
6.1.28	REP4a-025	Chapter 28 Landscape and Visual Assessment	2	26 February 2025
6.1.29	REP4a-127	Chapter 29 Socio-Economic Characteristics	2	26 February 2025
6.1.30	AS1-054	Chapter 30 Human Health	2	31 July 2024
6.1.31	REP5-011	Chapter 31 Climate Change	2	13 March 2025
6.2.3	REP5-045	Chapter 3 Project Description Figures	2	13 March 2025
6.2.4	REP5-046	Chapter 4 Site Selection and Consideration of Alternatives Figures	2	13 March 2025
6.2.5	REP5-047	Chapter 5 EIA Methodology Figures	2	13 March 2025
6.2.7	REP4a-041	Chapter 7 Marine Physical Processes Figures (Part 1 of 2)	2	26 February 2025
6.2.7	REP4a-042	Chapter 7 Marine Physical Processes Figures (Part 2 of 2)	2	26 February 2025
6.2.8	REP5-048	Chapter 8 Marine Water and Sediment Quality Figures	3	13 March 2025
6.2.9	REP5-049	Chapter 9 Benthic and Intertidal Ecology Figures	2	13 March 2025
6.2.10	REP5-050	Chapter 10 Fish and Shellfish Ecology Figures (Part 1 of 2)	2	13 March 2025
6.2.10	REP5-051	Chapter 10 Fish and Shellfish Ecology Figures (Part 2 of 2)	2	13 March 2025
6.2.11	REP5-052	Chapter 11 Marine Mammals Figures	2	13 March 2025
6.2.12	REP4a-030	Chapter 12 Offshore and Intertidal Ornithology Figures	2	26 February 2025
6.2.13	REP5-053	Chapter 13 Marine and Intertidal Archaeology Figures	2	13 March 2025
6.2.14	REP5-054	Chapter 14 Commercial Fisheries Figures	2	13 March 2025
6.2.15	REP5-055	Chapter 15 Shipping and Navigation Figures	2	13 March 2025
6.2.16	REP5-056	Chapter 16 Aviation, Radar, Military and Communication Figures	2	13 March 2025
6.2.17	REP5-057	Chapter 17 Seascape, Landscape and Visual Figures (Part 1 of 3)	3	13 March 2025
6.2.17	REP5-058	Chapter 17 Seascape, Landscape and Visual Figures (Part 2 of 3)	3	13 March 2025
6.2.17	REP5-059	Chapter 17 Seascape, Landscape and Visual Figures (Part 3 of 3)	3	13 March 2025
6.2.18	REP5-060	Chapter 18 Marine Infrastructure and Other Users Figures	2	13 March 2025
6.2.19	REP4a-031	Chapter 19 Onshore Air Quality Figures	2	26 February 2025
6.2.21	REP5-061	Chapter 21 Onshore Ecology Figures (Part 1 of 2)	3	13 March 2025
6.2.21	REP5-062	Chapter 21 Onshore Ecology Figures (Part 2 of 2)	2	13 March 2025
6.2.22	REP5-063	Chapter 22 Onshore Ornithology Figures	2	13 March 2025
6.2.23	REP4a-032	Chapter 23 Geology and Ground Conditions Figures	3	26 February 2025
6.2.24	REP4a-033	Chapter 24 Onshore Hydrology Hydrogeology and Flood Risk Figures	2	26 February 2025
6.2.25	REP4a-034	Chapter 25 Land Use Figures	3	26 February 2025
6.2.26	REP4a-035	Chapter 26 Noise and Vibration Figures	2	26 February 2025
6.2.27	REP4a-036	Chapter 27 Traffic and Transport Figures	3	26 February 2025
6.2.28	REP4a-037	Chapter 28 Landscape and Visual Assessment Figures (Part 1 of 15)	2	26 February 2025
6.2.28	REP4a-038	Chapter 28 Landscape and Visual Assessment Figures (Part 2 of 15)	2	26 February 2025
6.2.28	REP4a-039	Chapter 28 Landscape and Visual Assessment Figures (Part 3 of 15)	2	26 February 2025
6.3.3.2	REP6-024	Chapter 3 Appendix 2 Onshore Crossing Schedule	8	4 April 2025
6.3.5.2	REP5-064	Chapter 5 Appendix 2 Offshore Cumulative Effects Assessment Approach	2	13 March 2025
6.3.5.3	REP5-066	Chapter 5 Appendix 3 Onshore Cumulative Effects Assessment Approach	2	13 March 2025
6.3.7.1	AS-003	Chapter 7 Appendix 1 Physical Processes Technical Baseline	2	29 May 2024
6.3.9.2	REP4a-069	Chapter 9 Appendix 2 Benthic Ecology Technical Report (ECC)	4	26 February 2025
6.3.9.6	REP4a-070	Chapter 9 Appendix 6 Envision Offshore Export Cable Corridor Sabellaria Spinulosa Reanalysis and Report	3	26 February 2025
6.3.10.1	REP5-068	Chapter 10 Appendix 1 Fish and Shellfish Ecology Technical Baseline	2	13 March 2025
6.3.11.2	REP5-070	Chapter 11 Appendix 2 Underwater Noise Assessment	2	13 March 2025
6.3.11.3	REP6-026	Interim population consequences of disturbance modelling report (cumulative)	1	4 April 2025
6.3.12.1	REP4a-043	Chapter 12 Appendix 1 Intertidal and Offshore Ornithology Technical Baseline	3	26 February 2025
6.3.12.2	REP4a-044	Chapter 12 Appendix 2 Collision Risk Modelling	2	26 February 2025
6.3.12.3	REP4a-045	Chapter 12 Appendix 3 Displacement Assessment	2	26 February 2025
6.3.12.4	REP4a-046	Chapter 12 Appendix 4 Population Viability Analysis	2	26 February 2025
6.3.12.5	REP4a-047	Chapter 12 Appendix 5 Migratory Collision Risk Modelling	3	26 February 2025
6.3.12.6	REP4-018	Chapter 12 Appendix 6 MRSea Modelling for Offshore Ornithology	2	3 February 2025
6.3.12.7	REP4a-048	Chapter 12 Appendix 7 Levels of precaution in the assessment and compensation calculations for offshore ornithology	2	26 February 2025
6.3.12.8	REP4a-050	Chapter 12 Appendix.8 Consideration of bioseasons in the assessment of guillemot	2	26 February 2025
6.3.12.9	REP4a-052	Appendix 12.9 Rates of displacement in guillemot and razorbill	2	26 February 2025
6.3.15.1	REP5-072	Chapter 15 Appendix 1 Navigational Risk Assessment	2	13 March 2025
6.3.18.2	REP5-075	Chapter 18 Appendix 2 Helicopter Access Report – Hornsea One and Two RCS	1	13 March 2025
6.3.19.1	AS1-066	Chapter 19 Appendix 1 Construction Phase Dust Assessment Methodology	2	31 July 2024
6.3.19.4	REP4a-054	Chapter 19 Appendix 4 Road Traffic Dispersion Modelling	2	26 February 2025
6.3.20.1	REP5-076	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 1 of 10)	2	13 March 2025
6.3.20.1	REP5-079	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 2a of 10)	2	13 March 2025
6.3.20.1	REP5-080	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 2b of 10)		13 March 2025
6.3.20.1	REP5-081	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 3 of 10)	2	13 March 2025
6.3.20.1	REP5-082	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 4 of 10)	2	13 March 2025
6.3.20.1	REP5-084	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 5 of 10)	2	13 March 2025
6.3.20.1	REP5-085	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 6 of 10)	2	13 March 2025
6.3.20.1	REP5-086	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 7 of 10)	2	13 March 2025
6.3.20.1	REP5-087	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 8 of 10)	2	13 March 2025
6.3.20.1	REP5-088	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 9 of 10)	2	13 March 2025
6.3.20.1	REP5-078	Chapter 20 Appendix 1 Onshore Archaeology and Cultural Heritage Desk-Based Assessment (Part 10 of 10)	2	13 March 2025
6.3.21.5	REP5-098	Chapter 21 Appendix 5 Badger Desk Study and Field Survey CONFIDENTIAL	2	13 March 2025
6.3.22.2	REP5-089	Chapter 22 Appendix 2 Ornithology Desk Study Annex [Confidential]	2	13 March 2025
6.3.22.3	REP5-091	Chapter 22 Appendix 3 Winter Bird Survey 2022-2023 Part 1 of 4	2	13 March 2025
6.3.22.3	REP5-093	Chapter 22 Appendix 3 Winter Bird Survey 2022-2023 Part 2 of 4	2	13 March 2025
6.3.22.3	REP5-094	Chapter 22 Appendix 3 Winter Bird Survey 2022-2023 Part 3 of 4	2	13 March 2025
6.3.22.3	REP5-095	Chapter 22 Appendix 3 Winter Bird Survey 2022-2023 Part 4 of 4	2	13 March 2025
6.3.22.7``	REP5-096	Chapter 22 Appendix 7 Winter Bird Survey 2023-2024	2	13 March 2025
6.3.22.8	REP5-097	Additional clarifications relating to Natural England’s Relevant Representations (Appendix I Onshore Ornithology)	2	13 March 2025
6.3.23.1	REP4a-056	Chapter 23 Appendix 1 Preliminary Land Quality Risk Assessment	3	26 February 2025
6.3.24.1	REP4a-058	Chapter 24 Appendix 1 Groundwater Risk Assessment	2	26 February 2025
6.3.24.2	REP4-022; REP4-024	Chapter 24 Appendix 2 Flood Risk Assessment: Onshore ECC and 400kV Cable Corridor	4	3 February 2025
6.3.24.3	REP4-027 to REP4-028	Chapter 24 Appendix 3 Flood Risk Assessment: Onshore Substation	4	3 February 2025
6.3.25.1	REP4a-060	Chapter 25 Appendix 1 BMV Regional and National Context	1	26 February 2025
6.3.26.4	REP4a-061	Chapter 26 Appendix 4 Noise Model Outputs	2	26 February 2025
6.3.27.1	REP4a-063	Chapter 27 Appendix 1 Transport Assessment	3	26 February 2025
6.3.27.1	REP4a-066	Chapter 27 Appendix 1 Transport Assessment Annex A Special Order AIL Swept Path Analysis	3	26 February 2025
6.3.27.1	AS1-088	Chapter 27 Appendix 1 Transport Assessment Annex B DfT Traffic Data	2	31 July 2024
6.3.27.1	AS1-089	Chapter 27 Appendix 1 Transport Assessment Annex C Automatic Traffic Count Data	2	31 July 2024
6.3.27.1	AS1-090	Chapter 27 Appendix 1 Transport Assessment Annex F Construction Access General Arrangement Drawings	2	31 July 2024
6.3.27.1	AS1-091	Chapter 27 Appendix 1 Transport Assessment Annex G Core and Local Construction Vehicle Access Routes	2	31 July 2024
6.3.27.1	REP4a-065	Chapter 27 Appendix 1 Transport Assessment Annex I Public Rights of Way	2	26 February 2025
6.3.27.1	AS1-092	Chapter 27 Appendix 1 Transport Assessment Annex J Trip Generation Calculations	2	31 July 2024
6.3.27.1	AS1-093	Chapter 27 Appendix 1 Transport Assessment Annex K Daylight Hours Availability	2	31 July 2024
6.3.27.1	AS1-094	Chapter 27 Appendix 1 Transport Assessment Annex N Passing Place Proposals	2	31 July 2024
6.3.31.1	REP5-100	Chapter 31 Appendix 1 Carbon payback sensitivity analysis: wake effects	1	13 March 2025
15.6	PD1-074	Erratum to Site Selection Report	1	19 September 2024
15.7	REP4-095	Noise Bund Hydraulic Modelling Report including Appendix C Figures (Part 1 of 4)	3	3 February 2025
15.7	REP4-096	Noise Bund Hydraulic Modelling Report Appendix C Figures (Part 2 of 4)	3	3 February 2025
15.7	REP4-097	Noise Bund Hydraulic Modelling Report Appendix C Figures (Part 3 of 4)	3	3 February 2025
15.7	REP4-098	Noise Bund Hydraulic Modelling Report Appendix C Figures (Part 4 of 4)	3	3 February 2025
15.8	PD1-080	Onshore Archaeological Geophysical Report	1	19 September 2024
15.9	PD1-081	Environmental Report for the Offshore Restricted Build Area and Revision to the Offshore Export Cable Corridor	1	19 September 2024
15.9A	PD1-082 to PD1-083	Offshore Restricted Build Area and Revision to the Offshore Export Cable Corridor Appendix A Figures	1	19 September 2024
15.9B	PD1-084	Offshore Restricted Build Area and Revision to the Offshore Export Cable Corridor Appendix B Blockage Modelling Results	1	19 September 2024
15.9C	PD1-085	Offshore Restricted Build Area and Revision to the Offshore Export Cable Corridor Appendix C Underwater Noise Modelling Report	1	19 September 2024
15.9D	PD1-086	Offshore Restricted Build Area and Revision to the Offshore Export Cable Corridor Appendix D Ornithology Baseline Summary	1	19 September 2024
15.9E	PD1-087	Offshore Restricted Build Area and Revision to the Offshore Export Cable Corridor Appendix E Collision Risk Modelling	1	19 September 2024
15.9F	PD1-088	Offshore Restricted Build Area and Revision to the Offshore Export Cable Corridor Appendix F Offshore Ornithology Displacement Assessment	1	19 September 2024
15.9G	PD1-089	Offshore Restricted Build Area and Revision to the Offshore Export Cable Corridor Appendix G MRSea Modelling for Offshore Ornithology	1	19 September 2024
15.9H	PD1-090	Offshore Restricted Build Area and Revision to the Offshore Export Cable Corridor Appendix H Review of Obstacle Free Zone Impact on Shipping Displacement and Collision Risk	1	19 September 2024
15.15	PD1-097	Disposal Site Characterisation Report	1	19 September 2024

PART 2 — Other Documents to be certified

(1) Document Reference	(2) Examination Library Reference	(3) Document Name	(4) Version	(5) Date
2.1	REP4a-002	Works plans onshore	4	26 February 2025
2.2	REP4a-003	Works plans offshore	4	26 February 2025
2.5	REP6-004 – REP6-005	Land plans	8	4 April 2025
2.8	PD1-011	Offshore order limits and grid coordinates plan	3	19 September 2024
2.9	PD1-012	Access to works plan	3	19 September 2024
2.10	REP4a-004	Public rights of way plan	5	26 February 2025
2.11	PD1-014	Streets plan	3	19 September 2024
2.17	PD1-020	Important hedgerows and tree preservation order plan	3	19 September 2024
2.20	PD1-023	Traffic regulation order plan	3	19 September 2024
4.1	C6-006	Book of reference	10	8 December 2025
7.6.1	REP5-105	Sandbank compensation plan	3	13 March 2025
7.6.2	REP6-038	Biogenic reef compensation plan	4	4 April 2025
7.7.1	C3-004	Kittiwake compensation plan	4	29 October 2025
7.7.2	C3-006	Guillemot compensation plan	5	29 October 2025
7.7.3	C3-008	Razorbill compensation plan	5	29 October 2025
8.1	REP6-056	Outline code of construction practice	8	4 April 2025
8.1.1	REP2-031	Outline noise and vibration management plan	2	27 November 2024
8.1.2	REP6-058	Outline air quality management plan	3	4 April 2025
8.1.3	C3-014	Outline soil management plan	8	29 October 2025
8.1.4	APP-272	Outline pollution prevention and emergency incident response plan	1	19 March 2024
8.1.5	APP-273	Outline surface water drainage strategy	1	19 March 2024
8.1.6	APP-274	Outline site waste management plan	1	19 March 2024
8.1.7	REP4a-081	Outline Organic Land Protocol	2	26 February 2025
8.2	REP4a-092	Outline offshore operations and maintenance plan	2	26 February 2025
8.3	C6-009	Offshore In principle monitoring plan	5	8 December 2025
8.4	REP4a-094	Outline project environmental management plan	2	26 February 2025
8.5	C6-011	Outline cable specification and installation plan	10	8 December 2025
8.6.1	C1-075	Outline marine mammal mitigation protocol (piling)	7	9 September 2025
8.7	C1-058	In principle Southern North Sea SAC Site Integrity Plan	5	9 September 2025
8.8	PD1-050	Outline marine archaeological written scheme of investigation	2	19 September 2024
8.9	REP4-088	Outline onshore written scheme of investigation for archaeological works	4	3 February 2025
8.10	C1-067	Outline landscape and ecological management strategy	8	4 April 2025
8.10	C1-060	Outline landscape and ecological management strategy [Confidential]	8	9 September 2025
8.11	APP-285	Outline operational artificial light emissions management plan	1	19 March 2024
8.12	APP-286	Outline operational drainage management plan	1	19 March 2024
8.14	PD1-060	Outline fisheries liaison and coexistence plan	2	19 September 2024
8.15	REP4a-088	Outline construction traffic management plan	3	26 February 2025
8.16	APP-290	Outline travel plan	1	19 March 2024
8.17	REP4a-090	Outline public access management plan	4	26 February 2025
8.18	REP5-125	Design approach document	3	13 March 2025
8.19	REP5-127	Design principles statement	3	13 March 2025
8.20	REP4a-102	Outline vessel management plan	4	26 February 2025
8.21	C3-032	Outline scour protection and cable protection management plan	5	4 April 2025
8.22	C3-020	Outline biogenic reef mitigation plan	5	29 October 2025
8.23	REP4-081	Outline offshore reactive compensation platform lighting management plan	1	3 February 2025
8.24	Rep6-078	Spawning Herring Piling Restriction Plan	1	4 April 2025
21.14	REP4-119	Shell protective provisions plan	1	3 February 2025
21.15	C1-052	Perenco protective provisions plan	2	9 September 2025
21.16	C1-055	Offshore reactive compensation platform design principles statement	3	9 September 2025
21.21	REP-105	NGET Protective provisions plan	2	4 April 2025
27.9		NGET protective provisions offshore buffer zone plan	1	9 September 2025
14.3	AS-014	Biodiversity Net Gain Assessment Report	1	August 2024

SCHEDULE 22 — Compensation provisions

PART 1 — Flamborough and Filey Coast Special Protection Area: Kittiwake Compensation Measures

1

In this Part—

“the artificial nesting measure” means up to two offshore nesting structure(s);

“Defra” means the Department for Environment, Food and Rural Affairs;

“the FFC” means the site designated as the Flamborough and Filey Coast Special Protection Area;

“Kittiwake CIMP” means the kittiwake compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult kittiwakes from the FFC as a result of the authorised development;

“kittiwake compensation plan” means the document certified as the kittiwake compensation plan for the purposes of this Order by the Secretary of State under article 40 (certification of plans etc.);

“KCSG” means the Kittiwake Compensation Steering Group;

“Marine Recovery Fund” means the fund established by the Marine Recovery Funds Regulations 2025 and operated 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; and

“Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to compensate for the loss of kittiwake from the FFC as a result of the authorised development, the sum of which will be agreed with Defra or other organisation responsible for the operation of the Marine Recovery Fund.

2

(1) No offshore works are to 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 artificial nesting 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 Kittiwake CIMP to the Secretary of State for approval.

(2) If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under paragraph 2(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 artificial nesting measure.

Marine Recovery Fund

3

(1) Where the undertaker elects to make a Marine Recovery Fund Payment under paragraph 2(1)(a), no operation of any wind turbine generator forming part of the authorised development may begin until—

(a) the Marine Recovery Fund Payment has been quantified and the undertaker has entered into a contract to make a Marine Recovery Payment to provide the compensation quantum, as determined by the Secretary of State, for the loss of 15.5 adult kittiwake from the kittiwake feature of the FFC;

(b) an implementation and monitoring plan has been submitted to and approved by the Secretary of State; and

(c) the full payment or the first payment in a series of instalments in accordance with the contract in sub-paragraph (a) has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures.

(2) Following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further compensation measures for kittiwake pursuant to this Part of this Schedule but this does not obviate the undertaker from its obligations to continue to comply with any payment schedule or any other conditions that form part of the contract entered into by the undertaker under paragraph 3(1)(a).

Kittiwake CIMP

4

Where the undertaker elects to submit a Kittiwake CIMP under paragraph 2(1)(b) no offshore works are to commence until a plan for the work of the KCSG has been submitted to and approved by the Secretary of State. Such plan must include—

(a) terms of reference of the KCSG;

(b) details of the membership of the KCSG which must include the relevant statutory nature conservation body and, where appropriate, the MMO and/or the relevant planning authority as core members;

(c) details of the proposed schedule of meetings, timetable for preparation of the Kittiwake CIMP and reporting and review periods; and

(d) the dispute resolution mechanism.

5

Following consultation with the KCSG, the Kittiwake CIMP must be submitted to and approved by the Secretary of State in consultation with the relevant statutory nature conservation body and, where appropriate, the MMO and/or the relevant planning authority for the area in which the artificial nesting measure is to be provided.

6

The Kittiwake CIMP (if required) must be based on the strategy for kittiwake compensation set out in the kittiwake compensation plan and include—

(a) where the artificial nesting measure is proposed to be taken forward—

(i) details of the locations where the compensation measure will be delivered including details of any relevant seabed agreement(s);

(ii) details of the design of the artificial nesting structure (which must not exceed a maximum of two when combined with the artificial nesting structure in Part 2), including the projected number of nests that will be accommodated on the structure, and how risks from avian or mammalian predation and unauthorised human access will be mitigated;

(iii) an implementation timetable for the delivery of the artificial nesting structure that ensures that the structure is in place to allow for at least three full kittiwake breeding seasons prior to operation of any turbine forming part of the authorised development. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 April in each year and ended on 30 September of that same year;

(iv) details of the maintenance schedules of the artificial nesting structure;

(v) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures;

(vi) monitoring must include annual monitoring of the number of birds colonising the site including nesting attempts and nest productivity;

(vii) provision for annual reporting to the Secretary of State, to include details of the use of the artificial nesting structure by breeding kittiwake to identify barriers to success and target any adaptive management measures in consultation with the KCSG; and

(viii) recording of KCSG consultations.

(b) where the undertaker elects to pay a contribution to the Marine Recovery Fund wholly or partly in substitution for the artificial nesting measure or as an adaptive management measure—

(i) the compensation which is to be secured through the Marine Recovery Fund;

(ii) the sum of the contribution, to be agreed between the undertaker and Defra or other body responsible for the operation of the Marine Recovery Fund in consultation with the KCSG; and

(iii) the timescales for payment of the contribution to the Marine Recovery Fund.

(c) where the undertaker elects to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the artificial nesting measure or as an adaptive management measure—

(i) the technical specification and implementation timetable for the delivery of the compensation measure(s) to be agreed between the undertaker and the other party in consultation with the KCSG; and

(ii) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures.

(d) Where the undertaker elects to collaborate with another party in the delivery of compensation measures wholly or partly in substitution for the artificial nesting measure or as an adaptive management measure—

(i) the technical specification and implementation timetable for the delivery of the compensation measure(s) to be agreed between the undertaker and the other party in consultation with the KCSG; and

(ii) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures.

7

The undertaker must implement the measures set out in the Kittiwake CIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of state in consultation with the relevant statutory nature conservation body, and, where appropriate, the MMO and/or the relevant planning authority for the area in which the artificial nesting measure is to be provided.

8

No operation of any turbine forming part of the authorised development may begin until at least three full breeding seasons following the implementation of the measures set out in the Kittiwake CIMP have elapsed. For the purposes of this paragraph each breeding season is assumed to have commenced in 1 April in each year and ended on 30 September.

9

The undertaker must notify the Secretary of State of—

(a) completion of implementation of the artificial nesting measure;

(b) payment of a financial contribution towards the establishment of compensation measures by another party referred to in paragraph 6(c); and

10

The artificial nesting measure must not be decommissioned without written approval of the Secretary in consultation with the relevant statutory nature conservation body. The artificial nesting measure must, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body, be maintained by the undertaker (or at its expense) beyond the operational lifetime of the authorised development if they are colonised.

11

Results from the monitoring and reporting scheme referred to in paragraphs 6(a)(v) and (vi), 6(c)(ii) and 6(d)(ii) must be made publicly available and submitted at least annually to the Secretary of State and members of the KCSG. This must include details of the effectiveness of the compensation measure(s) delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State, determines that the compensation measure(s) delivered has been ineffective the undertaker must provide proposals agreed by the KCSG for any alternative and/or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measure(s) 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.

12

The Kittiwake CIMP approved under this Schedule includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved Kittiwake CIMP must be in accordance with the principles set out in the kittiwake compensation 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 materially new or materially different environmental effects from those considered in the kittiwake compensation plan.

PART 2 — Flamborough and Filey Coast Special Protection Area and Farne Islands Special Protection Area: Guillemot Compensation Measures

13

In this Part—

“the artificial nesting measure” means up to two offshore nesting structure(s);

“Defra” means the Department for Environment, Food and Rural Affairs;

“the disturbance reduction and habitat improvement measure” means the measure to reduce disturbance, improve habitat and/or introduce predator control measures at key nesting sites;

“the Farne Islands” means the site designated as the Farne Islands Special Protection Area;

“the FFC” means the site designated as the Flamborough and Filey Coast Special Protection Area;

“GCSG” means the Guillemot Compensation Steering Group;

“Guillemot CIMP” means the guillemot compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult guillemots from the FFC and the Farne Islands as a result of the authorised development;

“guillemot compensation measures” means the artificial nesting measure, disturbance reduction and habitat improvement measure and the predator eradication measure;

“guillemot compensation plan” means the document certified as the guillemot compensation plan for the purposes of this Order by the Secretary of State under article 40 (certification of plans etc.);

“Marine Recovery Fund” means the fund established by the Marine Recovery Funds Regulations 2025 and operated 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 loss of guillemot from the FFC and the Farne Islands as a result of the authorised development, the sum of which will be agreed with Defra or other organisation responsible for the operation of the Marine Recovery Fund; and

“the predator eradication measure” means the program of predator eradication and provision of predator proof fencing at the Plemont Reserve on Jersey.

14

(1) No offshore works are to 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 artificial nesting 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 Kittiwake CIMP to the Secretary of State for approval.

(2) If the undertaker confirms that it intends to make a Marine Recovery Fund Payment under paragraph 2(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 artificial nesting measure.

Marine Recovery Fund

15

(1) Where the undertaker elects to make a Marine Recovery Fund Payment under paragraph 2(1)(a), no operation of any wind turbine generator forming part of the authorised development may begin until—

(a) the Marine Recovery Fund Payment has been quantified and the undertaker has entered into a contract to make a Marine Recovery Payment to provide the compensation quantum, as determined by the Secretary of State, for the loss of 248.7 adult guillemot from the guillemot feature of the FFC and 2.2 adult guillemot from the guillemot feature of the Farne Islands;

(b) an implementation and monitoring plan has been submitted to and approved by the Secretary of State; and

(c) the full payment or the first payment in a series of instalments in accordance with the contract in sub-paragraph (a) has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures.

(2) Following receipt of the approvals under sub-paragraph (1) the undertaker shall not be required to implement any further compensation measures for guillemot pursuant to this Part of this Schedule but this does not obviate the undertaker from its obligations to continue to comply with any payment schedule or any other conditions that form part of the contract entered into by the undertaker under paragraph 3(1)(a).

Guillemot CIMP

16

Where the undertaker elects to submit a Guillemot CIMP under paragraph 2(1)(b) no offshore works are to commence until a plan for the work of the GCSG has been submitted to and approved by the Secretary of State. Such plan to include—

(a) terms of Reference of the GCSG;

(b) details of the membership of the GCSG which must include the relevant statutory nature conservation body and, where appropriate, the MMO and/or the relevant planning authority as core members;

(c) details of the proposed schedule of meetings, timetable for preparation of the Guillemot CIMP and reporting and review periods; and

(d) the dispute resolution mechanism.

17

Following consultation with the GCSG, the Guillemot CIMP must be submitted to the Secretary of State for approval in consultation with the relevant statutory nature conservation body and, where appropriate, the MMO and/or the relevant planning authority for the area in which the guillemot compensation measure is to be provided.

18

The Guillemot CIMP (if required) must be based on the strategy for guillemot compensation set out in the guillemot compensation plan and, subject to paragraphs 7 and 8, must include all of the following measures—

(a) for the predator eradication measure—

(i) details of the location(s) where the compensation measure will be delivered;

(ii) details of how any necessary land access rights, licences and approvals have or will be obtained and how any biosecurity measures will be or have been secured;

(iii) details of the party that will carry out the measure and how this has been secured;

(iv) an implementation timetable for delivery of the predator eradication measure, such timetable to ensure that the predator eradication measure has commenced no later than one year prior to the installation of any tower comprised within a wind turbine generator forming part of the authorised development;

(v) recording of GCSG consultations;

(vi) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures; and

(vii) provision for annual reporting to the Secretary of State, to include details of the use of the location(s) by breeding guillemot to identify barriers to success and target any adaptive management measures;

(b) for the disturbance reduction and habitat improvement measure—

(i) details of the location(s) where the compensation measure will be delivered;

(ii) details of how any necessary land access rights, licences and approvals have or will be obtained;

(iii) an implementation timetable for delivery of the disturbance reduction and habitat improvement measure, such timetable to ensure that the disturbance reduction and habitat improvement measure has commenced no later than one year prior to the installation of any tower comprised within a wind turbine generator forming part of the authorised development;

(iv) recording of GCSG consultations;

(v) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures; and

(vi) provision for annual reporting to the Secretary of State, to include details of the use of the location(s) by breeding guillemot to identify barriers to success and target any adaptive management measures;

(i) details of the locations where the compensation measure will be delivered, including details of any relevant seabed agreement(s);

(ii) details of the design of the artificial nesting structure (which must not exceed a maximum of two when combined with the artificial nesting structure in Part 1), including the projected number of nests that will be accommodated on the structure, and how risks from avian or mammalian predation and unauthorised human access will be mitigated;

(iii) an implementation timetable for the delivery of the artificial nesting structure;

(iv) details of the maintenance schedule for the artificial nesting structure;

(v) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures;

(vi) monitoring must include annual monitoring of the number of birds colonising the site including nesting attempts and nest productivity;

(vii) provision for annual reporting to the Secretary of State, to include details of the use of the artificial nesting structure by breeding guillemot to identify barriers to success and target any adaptive management measures in consultation with the GCSG; and

(viii) recording of GCSG consultations;

(d) where the undertaker elects to pay a contribution to the Marine Recovery Fund wholly or partly in substitution for one or more of the guillemot compensation measures or as an adaptive management measure—

(i) the compensation which is to be secured through the Marine Recovery Fund;

(ii) the sum of the contribution, to be agreed between the undertaker and Defra or other body responsible for the operation of the Marine Recovery Fund in consultation with the GCSG; and

(iii) the timescales for payment of the contribution to the Marine Recovery Fund.

(e) where the undertaker elects to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for one or more of the guillemot compensation measures or as an adaptive management measure—

(i) the technical specification and implementation timetable for the delivery of the compensation measure(s) to be agreed between the undertaker and the other party in consultation with the GCSG; and

(ii) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures.

(f) where the undertaker elects to collaborate with another party in the delivery of compensation measures wholly or partly in substitution for one or more of the guillemot compensation measures or as an adaptive management measure—

(i) the technical specification and implementation timetable for the delivery of the compensation measure(s) to be agreed between the undertaker and the other party in consultation with the GCSG; and

(ii) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the mechanism to determine the need for any alternative compensation measures and/or adaptive management measures.

19

The undertaker must implement the measures set out in the Guillemot CIMP approved by the Secretary of State, unless agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and where appropriate the MMO and/or the relevant planning authority for the area in which the guillemot compensation measure is to be provided.

20

In the event that one or more of the guillemot compensation measures is not available or deliverable, the undertaker may apply to the Secretary of State to proceed without one or more of the guillemot compensation measures (but not without any of the guillemot compensation measures). If the Secretary of State agrees in writing, then the meaning of guillemot compensation measures in paragraph 1 of this Part and the obligations to include all guillemot compensation measures in the Guillemot CIMP in paragraph 6 of this Part should be construed according to this agreement.

21

No operation of any turbine forming part of the authorised development may begin until at least three full breeding seasons following the implementation of the measures set out in the Guillemot CIMP have elapsed. For the purposes of this paragraph each breeding season is assumed to have commenced in 1 April in each year and ended on 30 September.

22

The undertaker must notify the Secretary of State of—

(a) the completion of the predator eradication measure referred to in paragraph 4(a);

(b) the completion of the disturbance reduction and habitat improvement measure referred to in paragraph 4(b);

(d) payment into the Marine Recovery Fund referred to in paragraph 4(d);

(e) payment of a financial contribution towards the establishment of compensation measures by another party referred to in paragraph 4(e); and

(f) completion of implementation of collaborative measures referred to in paragraph 4(f),

to the extent that such measures are set out within the Guillemot CIMP approved by the Secretary of State.

23

The artificial nesting measure must not be decommissioned without written approval of the Secretary of State in consultation with relevant statutory nature conservation body. The artificial nesting measure must, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body, be maintained beyond the operational lifetime of the authorised development if they are colonised.

24

Results from the monitoring and reporting scheme referred to in paragraphs 6(a)(vi), 6(b)(v), 6(c)(v) and (vi), 6(e)(ii) and 6(f)(ii) must be made publicly available and submitted at least annually to the Secretary of State and members of the GCSG. This must include details of the effectiveness of the compensation measure(s) delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State, determines that the compensation measure(s) delivered has been ineffective the undertaker must provide proposals agreed by the GCSG for any alternative and/or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measure(s) 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.

25

The Guillemot CIMP approved under this Schedule includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved Guillemot CIMP must be in accordance with the principles set out in the guillemot compensation 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 materially new or materially different environmental effects from those considered in the guillemot compensation plan.

PART 3 — Inner Dowsing, Race Bank and North Ridge Special Area of Conservation: Sandbank Compensation Measures

26

In this Part—

“Marine Recovery Fund” means the fund established by the Marine Recovery Funds Regulations 2025 and operated 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 impacts on protected features of the IDRBNR SAC as a result of the authorised development, the sum of which will be agreed with Defra or other organisation responsible for the operation of the Marine Recovery Fund; and

“the IDRBNR SAC” means the site designated as the Inner Dowsing, Race Bank and North Ridge Special Area of Conservation.

27

No offshore works within the IDRBNR SAC are to commence until—

(a) the undertaker has received confirmation from Defra or the operator of the Marine Recovery Fund that suitable measures are available to provide the compensation quantum, as determined by the Secretary of State, of 5,760m2 for the impact to the sandbanks which are slightly covered by seawater all the time, feature of the IDRBNR SAC;

(b) the Marine Recovery Fund Payment has been quantified and the undertaker has entered into a contract to make a Marine Recovery Fund Payment;

(d) the full payment or the first payment in a series of instalments in accordance with the contract under sub-paragraph (b) has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures under this Part of this Schedule.

28

Following receipt of the approvals under paragraph 2 the undertaker shall not be required to implement any further compensation measures for the impacts to the IDRBNR SAC pursuant to this Part of this Schedule but this does not obviate the undertaker from its obligation to continue to comply with any payment schedule or any other conditions that form part of the contract by the undertaker under paragraph 2(a).

PART 4 — Inner Dowsing, Race Bank and North Ridge Special Area of Conservation: Reef Compensation Measures

29

In this Part—

“Marine Recovery Fund” means the fund established by the Marine Recovery Funds Regulations 2025 and operated 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 impacts on protected features of the IDRBNR SAC as a result of the authorised development, the sum of which will be agreed with Defra or other organisation responsible for the operation of the Marine Recovery Fund; and

“the IDRBNR SAC” means the site designated as the Inner Dowsing, Race Bank and North Ridge Special Area of Conservation.

30

No offshore works within the IDRBNR SAC are to commence until—

(a) the undertaker has received confirmation from Defra or the operator of the Marine Recovery Fund that suitable measures are available to provide the compensation quantum, as determined by the Secretary of State, of 95,407.2m2 for the impact to the reefs feature of the IDRBNR SAC;

(b) the Marine Recovery Fund Payment has been quantified and the undertaker has entered into a contract to make a Marine Recovery Fund Payment;

(d) the full payment or the first payment in a series of instalments in accordance with the contract under sub-paragraph (b) has been made by the undertaker and the Secretary of State has confirmed in writing that such payment fulfils the requirement for compensation measures under this Part of this Schedule.

31

Signed

Signed by authority of the Secretary of State for Energy Security and Net Zero

David Wagstaff — Deputy Director for Energy Infrastructure Planning — Department for Energy Security and Net Zero — 10th February 2026

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 generating station located in the North Sea approximately 54km from the Lincolnshire coastline together with associated development. This Order imposes requirements in connection with the development and authorises the compulsory acquisition 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 offshore 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 40 (certification of plans etc.) of this Order may be inspected free of charge at 2nd Floor Boundary House, 91-93 Charterhouse Street, London, EC1M 6HR.

Footnotes

[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and schedule 13 to, the Localism Act 2011 (c. 20) and by sections 22 to 27 of the Growth and Infrastructure Act 2013 (c. 27).

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