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
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  • (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 201296 (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 197197;
  • “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
  • (c) completion of implementation of collaborative measures referred to in paragraph 6(d).

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;
  • (c) for the artificial nesting measure—
  • (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);
  • (c) the completion of implementation of the artificial nesting measure referred to in paragraph 4(c);
  • (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;
  • (c) an implementation and monitoring plan has been submitted to and approved by the Secretary of State; and
  • (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;
  • (c) an implementation and monitoring plan has been submitted to and approved by the Secretary of State; and
  • (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

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).

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

1

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).

2

Section 74 was amended by sections 128(2) and 237 and paragraph 29 of Schedule 13 and paragraph 1 of Schedule 25 to the Localism Act 2011.

4

Section 104(2) was amended by paragraph 49(3) of Schedule 13 to the Localism Act 2011 (c. 20) and section 58(5) of the Marine and Coastal Access Act 2009 (c. 23).

5

Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011 (c. 20).

6

Section 120 was amended by section 140 and paragraph 60 of Schedule 13 to the Localism Act 2011 (c. 20).

14

1991 c. 22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Sections 78(4), 80(4) and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

16

2004 c. 20. Section 105 was amended by section 69 of the Energy Act 2008 (c. 32).

22

“highway” is defined in section 328(1), for “highway authority”, see section 1.

24

Section 329(1) was amended by paragraph 60(2)(a) of Schedule 1(1) to the Infrastructure Act 2015 (c. 7).

25

1981 c. 67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). There are other amendments to the 1981 Act which are not relevant to this Order.

26

Section 48 was amended by section 124(2) of the Local Transport Act 2008 (c. 26).

27

“street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

28

S.I. 1997/1160. Regulation 6 was amended by paragraph 35 of Schedule 1 to S.I. 2015/377.

34

1990 c. 43. Section 82 was amended by section 107 and paragraph 6 of Schedule 17 to the Environment Act 1995 (c. 25), section 5 of the Noise and Statutory Nuisance Act 1993 (c. 40), and section 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and section 79 was amended by sections 101 and 102 of the Clean Neighbourhoods and Environment Act 2005 (c. 16), and by section 120 and paragraph 89 of Schedule 22 to the Environment Act 2005. There are other amendments to this Act which are not relevant to the Order.

35

1974 c. 40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15 of Schedule 15 to the Environmental Protection Act 1990 (c. 43) and Schedule 24 to the Environment Act 1995 (c. 25). There are other amendments to the 1974 Act which are not relevant to the Order.

36

“apparatus” is defined in section 89(3) and section 105(1).

37

Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c. 18).

39

1991 c. 56. Section 106 was amended by sections 43(2) and 35(8)(a) of, and paragraph 1 to Schedule 2 to the Competition and Service (Utilities) Act 1992 (c. 43) and sections 99(2), (4), (5)(a), (5)(b), (5)(c) and 36(2) and 99 of the Water Act 2003 (c. 37) and section 32 of, and paragraph 16(1) of Schedule 3 to, the Flood and Water Management Act 2010 (c. 29).

41

Section 4 was amended by sections 184 and 185 of, and paragraph 2 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).

42

Section 8 was amended by paragraph 2 of Schedule 17 to the Housing and Planning Act 2016 (c. 22) and paragraph 62 of Schedule 1 to the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order (S.I. 2009/1307).

43

Section 11(1) was amended by sections 186 to 188 of the Housing and Planning Act 2016 (c. 22), paragraph 14 of Schedule 4 to the Acquisition of Land Act 1981 (c. 67) and paragraph 12 of Schedule 5 to the Church of England (Miscellaneous Provision) Measure 2006 (No. 1).

44

Section 138 was amended by section 23 of the Growth and Infrastructure Act 2013 (c. 27) and paragraph 12 of Schedule 1 to the Communications Act 2003 and the Digital Economy Act 2019 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285).

45

Section 5B was inserted by section 202 of the Housing and Planning Act 2016 (c. 22) and amended by section 185 of the Levelling-up and Regeneration Act 2023 (c. 55).

46

Section 6 was amended by paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 (c. 22) and section 4 of, and paragraph 52 to Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11).

47

Schedule A1 was inserted by section 216 and paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

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