The Outer Dowsing Offshore Wind Farm Order 2026

• (b) where a trenchless technique is to take place within 100 metres of an occupied dwelling, the works must take place within the hours specified in sub-paragraph (1) unless otherwise agreed in advance with the resident of that dwelling and notified to Lincolnshire County Council.

Highway accesses

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• (1) Construction of any new permanent or temporary means of access to a highway, or alteration of an existing means of access to a highway, must not begin until an access plan for that access has been submitted to and approved by the relevant highway authority.

• (2) The access plan must include details of the siting, design, layout, visibility splays, access management measures, lighting, signing, safety measures and a maintenance programme relevant to the access it relates to.

• (3) The highway accesses (including visibility splays) must be constructed, altered and maintained in accordance with the approved details.

Traffic

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• (1) No stage of the onshore transmission works may commence until for that stage the following have been submitted to and approved by the relevant highway authority in consultation with the relevant planning authority—

• (a) a construction traffic management plan which must be in accordance with the outline construction traffic management plan; and

• (b) a travel plan which must be in accordance with the outline travel plan.

• (2) The plans approved under sub-paragraph (1) must be implemented upon commencement of the relevant stage of the onshore transmission works.

Public rights of way

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• (1) No stage of the onshore transmission works or onshore preparation works that would affect a public right of way specified in Schedule 3 (public rights of way to be temporarily closed) is to be undertaken until a public access management plan in respect of that stage and in accordance with the outline public access management plan, including the specification for the making up of an alternative right of way (where appropriate) has been submitted to and approved by the relevant highway authority in consultation with the relevant planning authority.

• (2) Any alternative public rights of way must be implemented in accordance with the approved public access management plan.

Restoration of land used temporarily for construction

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Any land landward of mean low water springs within the Order limits which is used temporarily for construction of the onshore transmission works and not ultimately incorporated in permanent works or approved landscaping must be reinstated, in accordance with such details as Lincolnshire County Council in consultation with the relevant planning authority may approve, within twelve months of completion of the relevant stage of the onshore transmission works or such other period as the relevant highway authority may approve.

Onshore decommissioning

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• (1) The undertaker must notify Lincolnshire County Council of the permanent cessation of commercial operation of the onshore transmission works within 14 days following the date of permanent cessation.

• (2) Within six months following the permanent cessation of commercial operation of the onshore transmission works an onshore decommissioning plan in respect of the onshore transmission works must be submitted to and approved by Lincolnshire County Council in consultation with the relevant highway authority, the relevant statutory nature conservation body the relevant planning authority and the Environment Agency.

• (3) The decommissioning plan must be implemented as approved.

Control of noise during operational phase

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• (1) The rating level for the standard operational noise of Work No. 16(a) must not exceed 35 dB LAr,15 min at any time at a position representative of the façade, in free-field conditions, of any building lawfully occupied for residential or accommodation purposes at the date of the granting of this Order, at each of the following locations—

• (a) Woad Farm, Surfleet Bank, Surfleet, Spalding, PE11 4DP (OS: 527809, 330462);

• (b) Big Tree Farm, Marsh Drove, Surfleet Marsh, Spalding, PE11 4DW (OS: 528672, 330701);

• (c) Hills Farm, Gosberton Bank, Spalding, Gosberton, PE11 4PB (OS: 527338, 331388);

• (d) 172 Marsh Road, Sutterton, Boston, PE20 2LT (OS: 528468,332471).

• (2) The rating level set out in sub-paragraph (1) are to be measured—

• (a) in accordance with British Standard BS 4142:2014+A1:2019, Methods for rating and assessing industrial and commercial sound; and

• (b) with the microphone placed 1.5 metres above the ground in free-field conditions (being at least 3.5 metres from the nearest vertical reflecting surface).

• (3) Work No. 16(a) must not commence operation until a scheme for monitoring compliance with the rating levels set out in sub-paragraph (1) above has been submitted to and approved by Lincolnshire County Council in consultation with the relevant planning authority. The scheme must identify—

• (a) the required meteorological and other conditions under which the measurements will be taken, acknowledging that data obtained during emergency operation or testing of certain plant and equipment is not to be taken into account;

• (b) suitable monitoring locations (or alternative surrogate locations if appropriate); and

• (c) times when the monitoring is to take place,

to demonstrate that the rating levels have been achieved after Work No. 16(a) is operating at full capacity.

• (4) The monitoring scheme must be implemented as approved.

• (5) For the purposes of this requirement—

• “operating at full capacity” means the ordinary operation of the substations excluding emergency operation and the testing of plant and equipment associated with emergency operation.

Control of artificial light emissions during operational phase

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• (1) Work No. 16(a) must not begin operation until an operational artificial light emissions management plan (in accordance with the outline operational artificial light emissions management plan) providing details of artificial light emissions during the operation of Work No. 16(a), including measures to minimise lighting pollution and the hours of lighting, has been submitted to and approved by Lincolnshire County Council in consultation with the relevant planning authority.

• (2) The approved operational artificial light emissions management plan must be implemented upon, and maintained during, the operation of Work No. 16(a).

Aviation Lighting

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• (1) The undertaker must exhibit such lights, with such shape, colour and character as are required in writing by Air Navigation Order 2016[^f00071] (with any reference to the territorial sea being read as a reference to the Renewable Energy Zone established under section 84 of the 2004 Act) and/or determined necessary for aviation safety as directed in writing by the Civil Aviation Authority, in consultation with the Defence Infrastructure Organisation Safeguarding.

• (2) Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the life of the authorised development unless otherwise agreed in writing with the Ministry of Defence.

Requirement for written approval

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Where under any of the above requirements the approval or agreement of the Secretary of State, Lincolnshire County Council or another person is required, that approval or agreement must be given in writing.

Amendments to approved details

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• (1) With respect to any requirement which requires the authorised project to be carried out in accordance with the details approved by Lincolnshire County Council or another person (the “discharging authority”), the approved details must be carried out as approved unless an amendment or variation is previously approved in writing by Lincolnshire County Council or that other person in accordance with sub-paragraph (2) (after consulting any person that the discharging authority is required to consult under the relevant requirement).

• (2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of Lincolnshire County Council or that other person that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

• (3) The approved details must be taken to include any amendments that may subsequently be approved in writing by Lincolnshire County Council or that other person.

Skills, supply chain and employment

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• (1) No stage of the onshore transmission works may commence until a skills, supply chain and employment plan in relation to that stage has been submitted to and approved by Lincolnshire County Council following consultation with the relevant planning authority.

• (2) Any plan submitted in accordance with this requirement must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with that stage of the onshore transmission works and the means for publicising such opportunities.

• (3) The skills, supply chain and employment plan must be implemented as approved.

Cromer and Claxby Radar Mitigation

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• (1) No part of any wind turbine generator (excluding foundations) is to be erected as part of the authorised development until a primary radar mitigation scheme agreed in advance with the operator has been submitted to and approved in writing by the Secretary of State in order to mitigate the impact of the authorised development on the primary radars of the operator located at Cromer and Claxby and associated air traffic management operations.

• (2) No wind turbine generator blades forming part of the authorised development may be installed until the approved primary radar mitigation scheme has been implemented and the authorised development must thereafter be operated fully in accordance with the approved scheme.

• (3) For the purpose of sub-paragraphs (1) and (2) above—

• “operator” means NATS (En Route) plc, incorporated under the Companies Act (Company Number 4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hampshire PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the nsport Act 2000[^f00072] to provide air traffic services to the relevant managed area (within the meaning of section 40 of the Transport Act 2000); and

• “primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to mitigate the impact of the development on the primary radars located at Cromer and Claxby and air traffic management operations of the Operator.

Ministry of Defence Surveillance Operation

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• (1) No wind turbine generator forming part of the authorised development is permitted to rotate its rotor blades on its horizontal axis until the Secretary of State, having consulted with the Ministry of Defence, confirms satisfaction in writing that appropriate mitigation will be implemented and maintained for the life of the authorised development and that arrangements have been put in place with the Ministry of Defence to ensure that the approved mitigation is implemented.

• (2) For the purposes of this requirement—

• “appropriate mitigation” means measures to prevent or remove any adverse effects which the authorised development will have on the air defence radar(s) at Remote Radar Head (RRH) Staxton Wold and Remote Radar Head (RRH) Neatishead, and the Ministry of Defence’s air surveillance and control operations;

• “approved mitigation” means the detailed Radar Mitigation Scheme (RMS) that will set out the appropriate measures and timescales for implementation as agreed with the Ministry of Defence at the time the Secretary of State confirms satisfaction in writing in accordance with sub-paragraph (1); and

• “Ministry of Defence” means the Ministry of Defence as represented by Defence Infrastructure Organisation – Safeguarding, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire, WS14 9PY or any successor body.

• (3) The undertaker must thereafter comply with all other obligations contained within the approved mitigation for the life of the authorised development.

Biodiversity Net Gain

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• (1) No stage of the onshore transmission works may commence until a biodiversity net gain strategy (in accordance with the Biodiversity Net Gain Assessment Report and the outline landscape and ecological management strategy) has been submitted to and approved by the relevant planning authority in consultation with the relevant statutory nature conservation body.

• (2) The biodiversity net gain strategy must be implemented as approved.

• (3) Any remaining shortfall in biodiversity units identified following detailed design must be secured prior to the construction works being completed.

Wake Effects

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• (1) No construction of any part of any wind turbine generator may be commenced as part of the authorised project until either:

• (a) a wake effects planrelating to that part of the authorised projecthas beensubmittedto and approved by the Secretary of Statefollowing consultation with each of the owners of the relevantoffshore wind farm(s);or

• (b) the undertaker has provided evidence to the Secretary of State that alternative mitigation for wake effects has been agreed with each of the owners of the relevant offshore windfarms; or

• (c) a combination of (1)(a) and (1)(b) is provided to and agreed by the Secretary of State to ensure thatany wake effects of the authorised project oneach of the relevant offshore wind farm(s) are considered.

• (2) Anywakeeffects planprovidedin accordance withparagraph (1) must include:

• (a) the wake effects from the authorisedprojecton the annual energy production of the relevant offshore windfarm(s);

• (b) details of reasonable steps that have been taken in the finaldesignof the authorised project or measures which will be applied during the operation of the authorisedproject(or a combination of both)tominimiseanywake loss effectsfrom the authorised projectontherelevantoffshore wind farm(s), provided that this shall not require the undertaker to materially reduce the capacity of the authorisedproject;

• (c) the timescales for implementation of any wake effect mitigation measures;

• (d) any time limits foranywake effect mitigation measures;and

• (e) details of consultation with each of the owners of the relevant offshore windfarm(s) and the extent of any agreement or disagreement with them regardingwhether any design changes or operational measures could further reduce any wake effect impacts.

• (3) In order tofacilitatethe undertaker’s compliance with the above:

• (a) The undertaker must consult with theowners of the relevant offshore wind farm(s)as early as reasonablypracticabletoidentifythe details including relevantwind turbine generatorparameters of their respective projects whichmay beat risk of wake lossimpactsfrom the authorisedproject; and

• (b) Theowners of the relevant offshore wind farm(s)must make available to the undertaker all information in their possessionreasonably requestedby the undertaker in respect of such details and parameters for therelevant offshore wind farm(s)pursuant tosub-paragraph (3)(a).

• (4) Anyapproved wake effects plansubmittedunder this requirement must be implemented as approved.

• (5) The design plansubmittedto the MMO under condition 13(1)(a), part 2 of schedule 10tothis Order must bein accordance withany approved wake effects plan.

• (6) For the purposes of this requirement—

• “relevantoffshore wind farm(s)” means Race Bank offshore wind farm, Dudgeon Offshore Wind Farm, Hornsea 1 offshore wind farm, Hornsea 2 offshore wind farm, Sheringham Shoal offshore wind farm, Dudgeon Extension offshore wind farm and Sheringham Shoal Extension offshore wind farm.

SCHEDULE 2 — Streets subject to street works

SCHEDULE 3 — Public rights of way to be temporarily closed

SCHEDULE 4 — Streets to be temporarily closed

SCHEDULE 5 — Access to works

SCHEDULE 6 — Traffic regulation

PART 1