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

PDF Download

articles Not indexed

Reform history JSON API

(b) is expressed to have effect also for the benefit of those deriving title from or under that person, the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(8) Reference in this article to private rights over land includes reference to any trusts or incidents to which the land is subject.

Application of the Compulsory Purchase (Vesting Declarations) Act 1981

22

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of act), for subsection (2), substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) Section 5 (earliest date for execution of declaration) is omitted.

(5) Section 5A (time limit for general vesting declaration) is omitted.

(6) In section 5B (extension of time limit during challenge)⁴⁵—

(a) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”; and

(b) for “the applicable period for the purposes of section 5A” substitute “the five year period mentioned in article 19 (time limit for exercise of authority to acquire land compulsorily) of the Outer Dowsing Offshore Wind Farm Order 2026”.

(7) In section 6 (notices after execution of declaration)⁴⁶, in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(8) In section 7 (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration)⁴⁷, for paragraph 1(2) substitute—

(2) But see article 24(1) (acquisition of subsoil or airspace only) of the Outer Dowsing Offshore Wind Farm Order 2026, which excludes the acquisition of subsoil or airspace from this Schedule.

(10) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 23 (modification of Part 1 of the Compulsory Purchase Act 1965)) to the compulsory acquisition of land under this Order.

Modification of Part 1 of the Compulsory Purchase Act 1965

23

(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1) (extension of time limit during challenge)⁴⁸—

(a) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”; and

(b) for “the applicable period for the purposes of section 4” substitute “the five year period mentioned in article 19 (time limit for exercise of authority to acquire land compulsorily) of the Outer Dowsing Offshore Wind Farm Order 2026”.

(3) In section 11A (powers of entry: further notice of entry)—

(a) in subsection (1)(a), after “land” insert “under that provision”; and

(b) in subsection (2), after “land” insert “under that provision”.

(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 19 (time limit for exercise of authority to acquire land compulsorily) of the Outer Dowsing Offshore Wind Farm Order 2026”.

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)⁴⁹—

(a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 24(3) (acquisition of subsoil or airspace only) of the Outer Dowsing Offshore Wind Farm Order 2026, which excludes the acquisition of subsoil or airspace from this Schedule

; and

(b) at the end insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 26 (temporary use of land for carrying out the authorised project) or article 27 (temporary use of land for maintaining the authorised project) of the Outer Dowsing Offshore Wind Farm Order 2026.

Acquisition of subsoil or airspace only

24

(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of, or the airspace over, the land referred to in article 18 (compulsory acquisition of land) or article 20 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over, land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by article 20 (compulsory acquisition of rights) and Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictions);

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(4) Paragraphs (2) and (3) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or factory.

Rights under or over streets

25

(1) The undertaker may enter on and appropriate so much of the subsoil of or airspace over any street within the Order limits as may be required for the purposes of the authorised project and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised project.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing of cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised project

26

(1) The undertaker may, in connection with the carrying out of the authorised project—

(a) enter on and take temporary possession of—

(i) the land specified in column (2) of Schedule 9 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule; and

(ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b) remove any buildings, agricultural plant and apparatus, drainage, fences, debris and vegetation from that land;

(c) construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;

(d) use the land for the purposes of a working site with access to the working site in connection with the authorised project;

(e) construct any works, or use the land, as specified in relation to that land in column 3 of Schedule 9 (land of which temporary possession may be taken), or any mitigation works or operations;

(f) construct such works on that land as are mentioned in Part 1 of Schedule 1 (authorised development); and

(g) carry out mitigation works required pursuant to the requirements in Schedule 1 or any other mitigation works on that land.

(2) Not less than 28 days before entering on and taking temporary possession of or using land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(3) The undertaker must not remain in possession of any land under this article for longer than reasonably necessary and in any event must not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of land specified in paragraph 1(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (4) of Schedule 9 (land of which temporary possession may be taken); or

(b) in the case of land specified in paragraph 1(a)(ii) after the end of the period of one year beginning with the date of completion of the part of the authorised project for which temporary possession of the land was taken, unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a) replace any building, structure, drain or electric line removed under this article;

(b) remove any drainage works installed by the undertaker under this article;

(c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 2 (streets subject to street works); or

(d) restore the land on which any works have been carried out under paragraph (1)(e) or (1)(g) insofar as the works relate to mitigation works identified in the environmental statement or required pursuant to the requirements in Schedule 1.

(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power conferred by this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (5).

(8) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not precluded from—

(a) acquiring new rights or imposing restrictive covenants over any part of that land under article 20 (compulsory acquisition of rights) to the extent that such land is listed in column (1) of Schedule 7 (land in which only new rights etc. may be acquired); or

(b) acquiring any part of the subsoil (or rights in the subsoil) of that land under article 24 (acquisition of subsoil or airspace only).

(9) Where the undertaker takes possession of or uses land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 of the 1965 Act⁵¹ (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

(11) So much of the special category land as is required for the purposes of exercising the powers pursuant to this article is temporarily discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise of those powers, and only for such time as any special category land is being used under this article.

Temporary use of land for maintaining authorised project

27

(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised project, the undertaker may—

(a) enter on and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised project; and

(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker is not required to serve notice under paragraph (3) in the case of emergency where the undertaker has identified a potential risk to the safety of any of—

(a) the authorised development or any of its parts;

(b) the public; or

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such notice as it is reasonably practical in the circumstances.

(5) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised project for which possession of the land was taken.

(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(7) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(8) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.

(9) Nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised project, other than loss or damage for which compensation is payable under paragraph (6).

(10) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(11) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

(12) In this article “the maintenance period”, in relation to any part of the authorised project, means—

(a) the period of five years beginning with the date on which the authorised project first exports electricity to the national electricity transmission network; and

(b) any period falling between the date at which temporary possession is no longer permitted under article 26(3) and the date on which the authorised project first exports electricity to the national electricity transmission network.

(13) So much of the special category land as is required for the purposes of exercising the powers pursuant to this article is temporarily discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise of those powers, and only for such time as any special category land is being used under this article.

Statutory undertakers

28

Subject to the provisions of Schedule 18 (protective provisions) the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans (onshore) within the Order land and described in the book of reference; and

(b) extinguish the rights of, restrict for the benefit of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Recovery of costs of new connections

29

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 28 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 28, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this paragraph—

“public communications provider” has the same meaning as in section 151(1) of the 2003 Act; and

“public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 — Operations

Operation of generating station

30

(1) The undertaker is hereby authorised to operate the generating station comprised in the authorised project.

(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station.

Deemed marine licences under the 2009 Act

31

The marine licences set out in Schedule 10 (deemed marine licence under the 2009 Act – generation assets), Schedule 11 (deemed marine licence under the 2009 Act – offshore transmission assets), Schedule 12 (deemed marine licence under the 2009 Act – northern artificial nesting structure 1), Schedule 13 (deemed marine licence under the 2009 Act – northern artificial nesting structure 2), Schedule 14 (deemed marine licence under the 2009 Act – southern artificial nesting structure 1) and Schedule 15 (deemed marine licence under the 2009 Act – southern artificial nesting structure 2) are deemed to have been granted to the undertaker under Part 4 (marine licensing) of the 2009 Act for the licensed marine activities set out in Part 1, and subject to the conditions set out in Part 2, of each of those Schedules.

PART 7 — Miscellaneous and general

Application of landlord and tenant law

32

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised project or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised project, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Amendment of local legislation

33

(1) The following local enactments and local byelaws, and any byelaws or other provisions made under any of those enactments or byelaws, are hereby excluded and do not apply insofar as inconsistent with a provision, of or a power conferred by paragraphs 1 to 5 and 7 of Part 6 of Schedule 18 of this Order—

(a) Public Act, 2 George III⁵²;

(b) Public Act, 16 George III⁵³;

(d) Act for improving the Port and Harbour of Boston 1827⁵⁵;

(e) An Act for amending the several Acts relating to the Port and Harbour of Boston in the county of Lincoln 1842⁵⁶;

(f) River Welland Dues Act 1842⁵⁷;

(g) River Witham Outfall Improvement Act 1880⁵⁸;

(h) Boston Dock Act 1881⁵⁹;

(i) Boston Corporation Act 1935⁶⁰;

(j) Boston Harbour Revision Order 1989⁶¹; and

(k) Boston Dock Byelaws 1947.

(2) The following local enactments and local byelaws, and any byelaws or other provisions made under any of those enactments or byelaws, are hereby excluded and do not apply insofar as inconsistent with a provision, of or a power conferred by this Order—

(a) Black Sluice Drainage Act 1765⁶²;

(b) Black Sluice Drainage Act 1770⁶³;

(d) Black Sluice Drainage Act 1849⁶⁵;

(e) Black Sluice Drainage Act 1880⁶⁶;

(f) Land Drainage (Black Sluice) Provisional Order Confirmation Act 1925⁶⁷; and

(g) Black Sluice Internal Drainage Board Complete Land Drainage Byelaws 1988.

(3) For the purpose of paragraphs (1) and (2) a provision is inconsistent with a provision or the exercise of a power conferred by this Order if and insofar as (in particular)—

(a) it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order;

(b) action taken in pursuance of a power conferred by this Order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; or

(c) action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this Order.

(4) Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out—

(a) whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

(b) if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and

Operational land for purposes of the 1990 Act

34

Development consent granted by this Order is treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as not being operational land).

Felling or lopping of trees and removal of hedgerows

35

(1) Subject to paragraph (2) and article 36 (trees subject to tree preservation orders), the undertaker may fell or lop or cut back the roots of any tree or shrub within or overhanging land within the Order limits if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the onshore preparation works, or the construction, maintenance, operation or decommissioning of the authorised project or any apparatus used in connection with the authorised project.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(4) The undertaker may, for the purposes of the authorised project—

(a) subject to paragraph (2) above, remove any hedgerows within the Order limits and specified in Schedule 17, Part 1 (removal of hedgerows) that may be required for the purposes of carrying out the authorised project; and

(b) remove the important hedgerows as are within the Order limits and specified in Schedule 17, Part 2 (removal of important hedgerows).

(5) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerows Regulations 1997.

Trees subject to tree preservation orders

36

(1) Subject to paragraph (2), the undertaker must not fell or lop or cut back the roots of any tree which is the subject of a tree preservation order.

(2) The undertaker may fell or lop or cut back the roots of any tree within or overhanging land within the Order limits that is subject to a tree preservation order made after 13 October 2023 or cut back its roots if it reasonably believes it to be necessary in order to do so to prevent the tree—

(a) from obstructing or interfering with the onshore preparation works, or any apparatus used in connection with the onshore preparation works;

(b) from obstructing or interfering with the construction, maintenance, operation or decommissioning of the authorised project or any apparatus used in connection with the authorised project; or

(3) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker must not cause unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1) of the 1990 Act (replacement of trees) does not apply.

(4) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(5) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, will be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Protective provisions

37

Schedule 18 (protective provisions) has effect.

Arbitration

38

(1) Subject to article 43 (saving provisions for Trinity House), any dispute or difference under any provision of this Order, unless otherwise provided for, must be referred to and settled in arbitration in accordance with the rules at Schedule 19 (arbitration rules) to this Order by a single arbitrator to be agreed between the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

(2) Any matter for which the consent or approval of the Secretary of State or the MMO is required under any provision of this Order is not subject to arbitration.

Requirements, appeals, etc.

39

(1) Where an application is made to, or a request is made of, Lincolnshire County Council or any other relevant person for any agreement or approval required or contemplated by any of the provisions of this Order, such agreement or approval must, if given, be given in writing and must not be unreasonably withheld or delayed.

(2) Schedule 20 (procedure for discharge of requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to Part 3 of Schedule 1 (requirements) to this Order.

Certification of plans etc.

40

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of the documents listed in Schedule 21 (documents to be certified) for certification that they are true copies of the documents referred to in this Order.

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(3) Where a plan or document certified under paragraph (1)—

(a) refers to a provision of this Order (including any specified requirement) when it was in draft form; and

(b) identifies that provision by a number, or combination of numbers and letters, which is different from the number, or combination of numbers and letters by which the corresponding provision of this Order is identified in the Order as made,

the reference in the plan or document concerned must be construed for the purposes of this Order as referring to the provision (if any) corresponding to that provision in the Order as made.

Abatement of works abandoned or decayed

41

Where Work Nos. 1(a), 2, 3 or 7 or all of them or any part of those works is abandoned or allowed to fall into decay the Secretary of State may, following consultation with the undertaker, issue a written notice requiring the undertaker at its own expense to repair, make safe and restore or remove Work Nos. 1(a), 2, 3 or 7 or any relevant part of those works, without prejudice to any notice served under section 105(2) of the 2004 Act⁶⁸. The notice may also require the restoration of the site of the relevant part(s) of Work Nos. 1(a), 2, 3 or 7 to a safe and proper condition within an area and to such an extent as may be specified in the notice.

Saving provisions for Trinity House

42

Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.

Crown rights

43

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any lessee or licensee to take, use, enter on or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

(a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in the 2008 Act⁶⁹) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Funding

44

(1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either—

(a) a guarantee in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or

(b) an alternative form of security for that purpose,

that has been approved by the Secretary of State.

(2) The provisions are—

(a) article 18 (compulsory acquisition of land);

(b) article 20 (compulsory acquisition of rights);

(d) article 24 (acquisition of subsoil or airspace only);

(e) article 25 (rights under or over streets);

(f) article 26 (temporary use of land for carrying out the authorised project);

(g) article 27 (temporary use of land for maintaining the authorised project); and

(h) article 28 (statutory undertakers).

(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

Compensation provisions

45

Schedule 22 (compensation provisions) has effect.

Service of notices

46

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to services by post) of the Interpretation Act 1978⁷⁰ as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of an electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Transfer of functions of the relevant local planning authority

47

(1) For the purposes of this Order only, the relevant local planning authority referred to in Part 8 of the 2008 Act shall be Lincolnshire County Council in respect of the following articles—

(a) Article 8 (street works);

(b) Article 9 (application of the 1991 Act);

(d) Article 11 (temporary closure of streets);

(e) Article 12 (access to works);

(f) Article 13 (agreements with street authorities);

(g) Article 14 (power to alter layout etc. of streets); and

(h) Article 15 (traffic regulation).

(2) For the purposes of this Order only, the relevant local planning authority referred to in Part 8 of the 2008 Act shall be Lincolnshire County Council in respect of the following requirements—

(a) Requirement 8 (stages of authorised project onshore);

(b) Requirement 9 (detailed onshore design parameters);

(d) Requirement 11 (implementation and maintenance of landscaping);

(e) Requirement 12 (ecological management plan);

(f) Requirement 13 (fencing and other means of permanent enclosure);

(g) Requirement 14 (temporary fencing and other temporary means of enclosure);

(h) Requirement 15 (operational drainage management and emergency flood response);

(i) Requirement 16 (operational drainage management and emergency flood response);

(j) Requirement 17 (onshore archaeology);

(k) Requirement 18 (code of construction practice);

(l) Requirement 19 (construction hours);

(m) Requirement 20 (highway accesses);

(n) Requirement 21 (traffic);

(o) Requirement 22 (public rights of way);

(p) Requirement 23 (restoration of land used temporarily for construction);

(q) Requirement 24 (onshore decommissioning);

(r) Requirement 25 (control of noise during operational phase);

(s) Requirement 26 (control of artificial light emissions during operational phase); and

(t) Requirement 30 (skills, supply chain and employment).

No double recovery

48

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

SCHEDULE 1 — Authorised project

PART 1 — Authorised development

1

A nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act which is located in the North Sea approximately 54 kilometres from the Lincolnshire coast, comprising—

Work No. 1— an offshore wind turbine generating station with a gross electrical output capacity of over 100 megawatts comprising up to 100 wind turbine generators each fixed to the seabed by either monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations fitted with rotating blades and situated within the area shown on the works plans and further comprising (b) below; and a network of subsea array cables between the wind turbine generators and between the wind turbine generators and the offshore transformer substations forming part of Work No. 3 including one or more cable crossings;

and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising—

Work No. 2— up to one offshore accommodation platform fixed to the seabed by either monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.

Work No. 3— up to four small offshore transformer substations each fixed to the seabed by monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations; or up to two large offshore transformer substations each fixed to the seabed by monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.

Work No. 4— a network of interlink cables between the offshore transformer substations comprised within Work No. 3 and between the offshore transformer substations comprised within Work No. 3 and the offshore accommodation platform comprised within Work No. 2, for the transmission of electricity and electronic communications, including one or more cable crossings.

Work No. 5— up to four cable circuits between Work No. 3 and Work No. 7, and between Work No. 7 and Work No. 11 or between Work No. 3 and Work No. 11 consisting of offshore export cables along routes within the Order limits seaward of MLWS including one or more cable crossings.

Work No. 6— up to six temporary trenchless technique exit pits.

Work No. 7— up to two offshore reactive compensation platforms fixed to the seabed by monopile, pin pile jacket or suction bucket jacket foundations.

Work No. 8— a temporary work area associated with Work Nos. 1, 2, 3, 4, 5, 6, 7, 9, 10 and 11 for vessels to carry out anchoring and positioning, and for the wet storage of construction materials.

Work No. 9— up to two offshore artificial nesting structures.

Work No. 10— not used.

Between MLWS and MHWS and in the County of Lincolnshire, District of East Lindsey

Work No. 11— landfall connection works consisting of up to four underground cable circuits and up to six associated cable ducts to Work No. 12.

In the County of Lincolnshire, District of East Lindsey, the Borough of Boston and the District of South Holland

Work No. 12— up to four underground cable circuits and up to six associated cable ducts to Work No. 13.

Work No. 13— works consisting of— up to six trenchless technique drilling launch pits; up to four underground cable circuits and up to six associated cable ducts to Work No. 14; up to four underground cable circuits and associated cable ducts from Work No. 14 to Work No. 15; a landfall temporary works area; storage areas; drainage works; construction of a haul road; and vehicular access tracks, bellmouths and footpaths.

Work No. 14— up to six transition joint bays including ground preparation.

Work No. 15—works consisting of— up to four underground cable circuits and associated cable ducts to Work No. 16; up to 680 link boxes and/or earth pits; up to 680 joint bays; temporary trenchless technique compounds; storage areas; drainage works; construction of a haul road; and vehicular access tracks, bellmouths and footpaths.

Work No. 16— works consisting of— an onshore HVAC substation; up to four underground cable circuits and associated cable ducts between Work No. 15 and the onshore HVAC substation; up to two underground cable circuits and associated cable ducts between the onshore HVAC substation and Work No. 17; construction of a haul road; vehicular access tracks, bellmouths and footpaths; temporary works areas to support the construction activities; storage areas; and ground preparation and ground-raising.

Work No. 17— connection works consisting of— up to two underground cable circuits and associated cable ducts between the onshore HVAC substation forming part of Work No. 15 and a National Grid substation, including a connection above ground; electrical engineering works within or around the National Grid substation buildings and compound; up to 20 link boxes and/or earth pits; up to 20 joint bays; temporary trenchless technique compounds; storage areas; drainage works; construction of a haul road; and vehicular access tracks, bellmouths and footpaths.

Work No. 18— temporary vehicular access tracks, bellmouths and associated footpaths.

Work No. 19— temporary works consisting of— temporary works areas to support the construction activities; temporary construction ramps; storage areas to assist with the onshore transmission works; drainage works; and vehicular access tracks, bellmouths and footpaths.

Work No. 20— permanent vehicular access tracks to serve Work Nos. 13 and 16, bellmouths, drainage works and associated footpaths.

Work No. 21— alterations including widening of the highway, provision of passing bays, culverting and drainage works.

Work No. 22— works comprising the reinforcement or replacement of the bridge.

Work No. 23—landscaping works including bunding and planting, drainage works, and formation of footpaths and access.

Work No. 24— drainage works, formation of footpaths and access.

Work No. 25— drainage works, sustainable drainage system ponds, surface water management systems, formation of footpaths and access.

In connection with such Work Nos. 1 to 11 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including— scour protection around the foundations of the offshore structures; cable protection measures such as but not limited to the placement of rock, split pipe system, and/or mattresses; cable crossings; dredging; the removal of material from the seabed required for the construction of Work Nos. 1 to 11 and the disposal of inert material of natural origin and dredged material within the Order limits produced during construction drilling, seabed preparation for foundation works, cable installation preparation works (such as sandwave clearance and boulder clearance) and excavation of trenchless technique drilling pits; and removal of static fishing equipment,

and in connection with such Work Nos. 11 to 25 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including— haul roads, ramps, bridges, means of access and footpaths, creation and enhancement of tracks and footpaths; bunds, embankments, swales, landscaping, ground preparation, vegetation clearance, ground-raising, signage, fencing and boundary treatments; habitat creation and enhancement; spoil storage and associated control measures; joint bays, link boxes, earth pits, cable ducts, cable protection, joint protection, manholes, marker posts, underground cable marker, tiles and tape, and lighting and other works associated with duct installation, cable laying and pulling cables through cable ducts; works for the provision of apparatus, including cabling, water and electricity supply works, foul drainage provision, surface water management systems, flumes and culverting; works to alter the position of apparatus, including mains, sewers, drains and cables; works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses; landscaping and related works; other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised project; works for the benefit or protection of land affected by the authorised project; working sites in connection with the construction of the authorised project, construction lay down areas and compounds, storage compounds and their restoration; works of restoration; and fencing or other means of enclosure.

2

The grid coordinates for that part of the authorised project which is seaward of MHWS are specified below and more particularly shown on the offshore order limits and grid coordinates plan—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.