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

“the 2017 Offshore Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 2017[^f00082];

“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;

“Annex 1 reef” means a reef of a type listed in Annex 1 to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;

“array cable” means the cables described in paragraph (b) of Work No. 1 that link the wind turbine generators to each other and to the offshore transformer substations;

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

“authorised scheme” means Work Nos. 1, 2, 4 and 8 described in paragraph 3 of Part 1 of this licence or any part of that work;

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

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

“cable protection” means measures to protect cables from physical damage including the use of bagged solutions filled with grout or other materials, protective aprons or coverings, mattresses, flow energy dissipation devices or rock and gravel burial;

“commence” means the first carrying out of any licensed marine activities authorised by this licence, save for operations consisting of offshore preparation works and the words “commencement” and “commenced” must be construed accordingly;

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

“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands, B75 7RL and any successor body to its functions;

“enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of Part 4 (marine licensing) of the 2009 Act;

“Environment Agency” means the non-departmental public body of that name created by section 1 of the Environment Act 1995;

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

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

“Historic England” means the Historic Buildings and Monuments Commission for England;

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

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

“in principle Southern North Sea SAC Site Integrity Plan” means the document certified as the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.);

“interlink cable” means the cables comprised within Work No. 4 that link the offshore transformer substations to each other and to the offshore accommodation platform;

“JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’ Joint Nature Conservation Committee Report No. 654, May 2020 published in June 2020 as amended, updated or superseded from time to time;

“LAT” means lowest astronomical tide;

“layout principles” means the layout principles set out in paragraph 25 of Chapter 3 (Project Description) of the environmental statement;

“licence 2 (transmission)” means the licence set out in Schedule 11 (deemed marine licence under the 2009 Act – offshore transmission assets);

“licensed activities” means the activities specified in Part 1 of this licence;

“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace (including replenishment of cable protection), but does not include the removal, reconstruction or replacement of foundations associated with the offshore works, to the extent assessed in the environmental statement; and “maintenance” and any derivative of maintain must be construed accordingly;

“mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;

“Marine Management Organisation” or “MMO” means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence;

“MCA” means the Maritime and Coastguard Agency;

“monopile foundation” means a steel pile, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“MSL” means mean sea level;

“offshore accommodation platform” means a structure attached to the seabed by means of a foundation, with one or more decks and a helicopter platform (including bird deterrents), containing housing accommodation, storage, workshop, auxiliary equipment and facilities for operating, maintaining and controlling the wind turbine generators and offshore electrical installations;

“offshore Order limits” means the limits shown on the works plans within which the authorised scheme may be carried out;

“offshore preparation works” means surveys and monitoring seaward of MHWS undertaken prior to the commencement of construction to prepare for construction;

“offshore transformer substation” means a structure attached to the seabed by means of a foundation, with one or more decks and a helicopter platform (including bird deterrents), containing— electrical equipment required to switch, transform, convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation; and housing accommodation, storage, workshop auxiliary equipment, radar and facilities for operating, maintaining and controlling the substation or wind turbine generators;

“the Order” means the Outer Dowsing Offshore Wind Farm Order 2026;

“outline cable specification and installation plan” means the document certified as the outline cable specification and installation plan by the Secretary of State for the purposes of the Order under article 40;

“outline fisheries liaison and coexistence plan” means the document certified as the outline fisheries liaison and coexistence plan by the Secretary of State for the purposes of the Order under article 40;

“outline marine mammal mitigation protocol (piling)” means the document certified as the outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes of the Order under article 40;

“outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of the Order under article 40;

“outline project environmental management plan” means the document certified as the outline project environmental management plan by the Secretary of State for the purposes of the Order under article 40;

“outline scour protection and cable protection management plan” means the document certified as the outline scour protection and cable protection management plan by the Secretary of State for the purposes of the Order under article 40;

“outline vessel management plan” means the document certified as the outline vessel management plan by the Secretary of State for the purposes of the Order under article 40;

“outline marine archaeological written scheme of investigation” means the document certified as the outline marine archaeological written scheme of investigation by the Secretary of State for the purposes of the Order under article 40;

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

“pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel pin piles and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

“SAC” means special area of conservation;

“statutory historic body” means Historic England or its successor in function;

“statutory nature conservation body” means the appropriate nature conservation body as defined in regulation 5 of the 2017 Regulations;

“suction bucket” means large diameter steel cylindrical shells which penetrate the seabed assisted by a hydrostatic pressure differential for securing steel jacket foundations;

“suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

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

“undertaker” means GT R4 Limited (company number 13281221);

“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;

“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

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

“Work No. 3” means— 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; and

“works plans” means the plans certified as the works plans onshore and works plans offshore by the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.).

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

(3) Unless otherwise indicated—

(a) all times are taken to be Greenwich Mean Time (GMT); and

(b) all coordinates are taken to be latitude and longitude degrees and minutes to two decimal places.

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence are—

(a) Marine Management Organisation

Marine Licensing Team

Tyneside House

Skinnerburn Road

Newcastle upon Tyne

NE4 7AR

Tel: 0300 123 1032;

(b) Marine Management Organisation (local office)

CEFAS (Centre for Environment, Fisheries and Aquaculture Science) Building

Pakefield Road

Lowestoft

NR33 0HT

Tel: 0208 026 6094;

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900;

(d) The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900;

(e) Maritime and Coastguard Agency

UK Technical Services Navigation

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 020 3817 2426/2433

Email: navigationsafety@mcga.gov.uk;

(f) Natural England

4th Floor, Foss House

1-2 Peasholme Green

York

YO1 7PX

Tel: 0300 060 3900;

(g) Historic England

The Foundry

82 Granville Street

Birmingham

B1 2LH

Tel: 0121 625 6888.

2

Subject to the licence conditions at Part 2, this licence authorises the undertaker (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act—

(a) the deposit at sea of the substances and articles specified in paragraph 4 below;

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

(d) debris clearance works;

(e) boulder clearance works either by displacement ploughing or subsea grab technique or other equivalent method;

(f) the removal of out of service cables;

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

(h) removal of static fishing gear; and

(i) the disposal of up to 21,389,090 cubic metres of inert material of natural origin and/or dredged material within the offshore Order limits produced during construction drilling or seabed preparation for foundation works, sandwave clearance and boulder clearance works at disposal site reference(s) to be provided in writing by the MMO within the extent of the Order limits seaward of MHWS (some of which may alternatively be disposed under licence 2 (transmission)).

3

Such activities are authorised in relation to the construction, maintenance and operation of—

4

The substances or articles authorised for deposit at sea are—

(a) iron and steel, copper and aluminium;

(b) stone and rock;

(d) sand and gravel;

(e) plastic and synthetic;

(f) material extracted from within the offshore Order limits during construction drilling and seabed preparation for foundation works, cable preparation works and sandwave clearance works;

(g) weights used for the calibration of vessels, consisting of a hessian sack, metal shackles or chains; and

(h) marine coatings, other chemicals and timber.

5

The grid coordinates for the authorised scheme are specified below—

Point	Latitude	Longitude
142	53° 28′ 51.538″ N	001° 13′ 20.848″ E
143	53° 28′ 51.539″ N	001° 13′ 20.848″ E
144	53° 28′ 27.088″ N	001° 10′ 54.113″ E
145	53° 28′ 40.336″ N	001° 10′ 32.794″ E
146	53° 29′ 37.647″ N	001° 09′ 0.491″ E
147	53° 29′ 37.332″ N	001° 06′ 3.730″ E
148	53° 29′ 19.041″ N	001° 03′ 53.183″ E
149	53° 32′ 32.232″ N	001° 00′ 59.093″ E
150	53° 34′ 31.492″ N	001° 04′ 32.616″ E
151	53° 36′ 34.077″ N	001° 08′ 26.916″ E
152	53° 39′ 12.689″ N	001° 28′ 43.588″ E
153	53° 32′ 3.757″ N	001° 32′ 46.680″ E
154	53° 30′ 57.848″ N	001° 26′ 4.442″ E
155	53° 30′ 57.847″ N	001° 26′ 4.443″ E

6

This licence remains in force until the authorised scheme has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 (approval of decommissioning programmes) of the 2004 Act, including any modification to the programme under section 108 (reviews and revisions of decommissioning programmes)[^f00083] of the 2004 Act, and the completion of such programme has been confirmed by the Secretary of State in writing.

7

The provisions of section 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence only apply to a transfer not falling within article 5 (benefit of the Order).

8

With respect to any condition which requires the licensed activities be carried out in accordance with the plans, protocols or statements approved under this licence, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the MMO.

9

Any amendments to the details, plan or scheme must be in accordance with the principles and assessments set out in the environmental statement, and approval for an amendment may be given only where it has been demonstrated to the satisfaction of the MMO that the amendment is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

PART 2 — Conditions

Design parameters

10

(1) Each wind turbine generator forming part of the authorised scheme must not—

(a) exceed a height of 403 metres when measured from LAT to the tip of the vertical blade;

(b) exceed a rotor diameter of 340 metres;

(d) be less than 605 metres from blade tip to the blade tip of the nearest wind turbine generator.

(2) Wind turbine generator foundation structures forming part of the authorised scheme must be monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.

(3) In respect of a wind turbine generator—

(a) no monopile foundation may have a diameter greater than 13 metres;

(b) no gravity base structure foundation may have a diameter at the level of the seabed greater than 55 metres;

(i) have a pin pile diameter of greater than five metres; or

(ii) employ more than four pin piles per jacket foundation;

(d) no suction bucket jacket foundation forming part of the authorised scheme may—

(i) have a suction bucket diameter of greater than 20 metres; or

(ii) employ more than four suction buckets per jacket foundation;

(4) The total seabed footprint area for wind turbine generator foundations must not exceed—

(a) 122,904 square metres excluding scour protection; and

(b) 1,041,400 square metres including scour protection.

(5) No wind turbine generator or offshore accommodation platform forming part of the authorised scheme is to be erected within the area hatched black and marked “offshore restricted build area” on the works plans, whose coordinates are specified below and shown on the offshore order limits and grid coordinates plan—

Point	Latitude	Longitude
150	53° 34′ 31.492″ N	001° 04′ 32.616″ E
151	53° 36′ 34.077″ N	001° 08′ 26.916″ E
152	53° 39′ 12.689″ N	001° 28′ 43.588″ E
845	53° 33′ 59.545″ N	001° 03′ 36.079″ E
846	53° 33′ 59.382″ N	001° 03′ 35.074″ E
847	53° 34′ 09.033″ N	001° 03′ 52.365″ E
848	53° 34′ 31.223″ N	001° 04′ 32.133″ E
849	53° 36′ 37.559″ N	001° 19′ 54.519″ E
850	53° 38′ 07.792″ N	001° 29′ 20.432″ E
851	53° 34′ 27.499″ N	001° 06′ 28.034″ E

(6) The total number of wind turbine generators comprised in the authorised development must not exceed 100.

11

(1) The total number of offshore accommodation platforms forming part of the authorised scheme and the authorised scheme in licence 2 (transmission) taken together must not exceed one (whether constructed under this licence or licence 2 (transmission)).

(2) The dimensions of the offshore accommodation platform forming part of the authorised scheme must not exceed—

(a) 80.2 metres in height when measured from LAT;

(b) 84 metres in length; and

(3) Offshore accommodation platform foundation structures forming part of the authorised scheme must be one of either monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.

(4) In respect of an offshore accommodation platform—

(a) no monopile foundation may have a diameter greater than 14 metres;

(b) no gravity base structure foundation may exceed, at the level of the seabed—

(i) a length of 72 metres; or

(ii) a width of 36 metres;

(i) have a pin pile diameter of greater than five metres; or

(ii) employ more than 24 pin piles per jacket foundation;

(d) no suction bucket jacket foundation forming part of the authorised scheme may—

(i) have a suction bucket diameter of greater than 20 metres; or

(ii) employ more than eight suction buckets per jacket foundation;

(5) The total seabed footprint area for offshore accommodation platform foundations must not exceed—

(a) 2,600 square metres excluding scour protection; and

(b) 19,600 square metres including scour protection.

12

(1) The total length of the cables forming part of the authorised scheme and the authorised scheme in licence 2 (transmission) and the volume and area of their cable protection must not exceed the following (whether installed under this licence or licence 2 (transmission))—

Work	Length	Area of cable protection	Volume of cable protection
Work No. 1(b) (array cable)	377.42km	1,270,357m2	1,214,494m3
Work No. 4 (interlink cables)	123.75km	406,438m2	399,234m3

(2) The total number of cable crossings in respect of the array cables comprised within Work No. 1(b) must not exceed 30, unless otherwise agreed with the MMO.

Maintenance of the authorised scheme

13

(1) The undertaker may at any time maintain the authorised scheme, except to the extent that this licence or an agreement made under this licence provides otherwise.

(2) No maintenance works whose likely effects are not assessed in the environmental statement may be carried out, unless otherwise approved by the MMO.

(3) Maintenance works include but are not limited to—

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

(b) painting and applying other coatings to wind turbine generators or the offshore accommodation platform;

(d) cable remedial burial;

(e) cable repairs and replacement;

(f) cable protection replenishment;

(g) access ladder and boat landing replacement;

(h) wind turbine generator and accommodation platform anode replacement; and

(i) J-tube repair/replacement.

(4) Where the MMO’s approval is required under sub-paragraph (2), approval may be given only where it has been demonstrated to the satisfaction of the MMO that the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Vessels under the undertaker’s control

14

(1) The undertaker must issue to operators of vessels under its control operating within the Order limits a code of conduct to prevent collision risk or injury to marine mammals.

(2) The undertaker must ensure appropriate co-ordination of vessels within its control operating within the Order limits so as to reduce collision risk to other vessels including advisory safe passing distances for vessels.

Extension of time periods

15

Any time period given in this licence to either the undertaker or the MMO may be extended with the agreement of the other party in writing such agreement not to be unreasonably withheld or delayed.

Notification and Inspection

16

(1) The undertaker must ensure that—

(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent variations to it is provided to—

(i) all agents and contractors notified to the MMO in accordance with condition 25; and

(ii) the masters and offshore operations managers responsible for the vessels notified to the MMO in accordance with condition 25;

(b) within 28 days of receipt of a copy of this licence those persons referred to in sub-paragraph (a) above must confirm receipt of this licence in writing to the MMO.

(2) Only those persons and vessels notified to the MMO in accordance with condition 25 are permitted to carry out the licensed activities.

(3) Copies of this licence must also be available for inspection at the following locations—

(a) the undertaker’s registered address;

(b) any site office located at or adjacent to the construction site and used by the undertaker or its agents and contractors responsible for the loading, transportation or deposit of the authorised deposits; and

(c) on board each vessel or at the office of any offshore operations manager with responsibility for vessels from which authorised deposits or removals are to be made.

(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an authorised enforcement officer at the locations set out in sub-paragraph (3)(b) above.

(5) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised scheme.

(6) The undertaker must inform the MMO Local Office in writing at least 14 days prior to commencement of the licensed activities or any part of them, and within five days of completion of the licensed activities.

(7) The Kingfisher Information Service of Seafish must be informed of details of the vessel routes, timings and locations relating to the construction of the authorised scheme or part thereof by including the information in a notice via the Kingfisher Service of Seafish portal (https://kingfisherbulletin.org/submit-notice) and sent by email to kingfisher@seafish.co.uk—

(a) at least 14 days prior to the commencement of offshore activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

(b) as soon as reasonably practicable and no later than 24 hours after completion of construction of the authorised scheme,

confirmation of notification must be provided to the MMO within five days.

(8) A notice to mariners must be issued at least 14 days prior to the commencement of the licensed activities or any part of them advising of the start date of Work No. 1, and to the extent that they are carried out under this licence, Work Nos. 2, 4 and 8, and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UK Hydrographic Office within five days.

(9) The notices to mariners must be updated and reissued at weekly intervals during construction activities and at least five days before any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 22(1)(b). Copies of all notices must be provided to the MMO and UK Hydrographic Office within five days.

(10) The undertaker must notify the UK Hydrographic Office—

(a) of commencement of the licensed activities at least 14 days prior to commencement;

(b) of the progress of the licensed activities; and

in order that all necessary amendments to nautical charts are made and the undertaker must send a copy of such notifications to the MMO and MCA within five days.

(11) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS or any part thereof, excluding the exposure of cables, the undertaker must as soon as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify MMO, MCA, Trinity House, Kingfisher Information Service, the UK Hydrographic Office and regional fisheries organisations.

(12) In case of exposure of cables on or above the seabed, the undertaker must, within three days following identification of a cable exposure, notify mariners by issuing a notice to mariners and by informing Kingfisher Information Service of the location and extent of exposure. Copies of all notices must be provided to the MMO, MCA, Trinity House, UK Hydrographic Office and regional fisheries organisations within five days.

17

(1) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

(2) The undertaker must during the period from the start of construction of the authorised scheme to completion of decommissioning seaward of MHWS keep Trinity House and the MMO informed of progress of the authorised scheme including the following—

(a) notice of commencement of construction of the authorised scheme within 24 hours of commencement having occurred;

(b) notice within 24 hours of any aids to navigation being established by the undertaker; and

(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation in accordance with the frequencies set out in the aids to navigation management plan approved pursuant to condition 22(1)(i) using the reporting system provided by Trinity House.

(4) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

(5) In the event that the provisions of condition 16(11) are invoked, the undertaker must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

Colouring of structures

18

(1) Except as otherwise required by Trinity House the undertaker must paint all structures forming part of the authorised scheme yellow (colour code RAL 1023) from at least Highest Astronomical Tide to a height as directed by Trinity House.

(2) Subject to sub-paragraph (1) above, unless the MMO otherwise directs, the undertaker must ensure that the remainder of the structures are painted submarine grey (colour code RAL 7035).

Aviation safety

19

The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14 days prior to the commencement of the authorised scheme, in writing of the following information—

(a) the date of the commencement of construction of the authorised scheme;

(b) the date any wind turbine generators are brought into use;

(d) the maximum heights of any wind turbine generator and offshore accommodation platform to be constructed; and

(e) the latitude and longitude of each wind turbine generator and offshore accommodation platform to be constructed,

and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the authorised scheme. Copies of notifications must be provided to the MMO within five days of the notification to the Defence Infrastructure Organisation Safeguarding.

Chemicals, drilling and debris

20

(1) Unless otherwise agreed in writing by the MMO, all chemicals and substances, including paints and coatings, used below MHWS for the undertaking of the licensed activities must be approved in writing by the MMO prior to use. Submission for approval to the MMO must take place no later than ten weeks prior to use, unless otherwise agreed by the MMO in writing.

(2) The undertaker must ensure that any coatings/treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive and the Environment Agency Pollution Prevention Control Guidelines.

(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers.

(4) The undertaker must inform the MMO of the location and quantities of material disposed of each month under the Order, by submission of a disposal return by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive.

(5) The undertaker must ensure that only inert material of natural origin, drilling mud and dredged material, produced during the drilling installation of or seabed preparation for foundations, and sandwave clearance works is disposed of within the disposal site reference(s) to be provided in writing by the MMO within the extent of the Order limits seaward of MHWS. Any material of anthropogenic origin will be screened out and disposed of at an appropriate waste facility onshore.

(6) The undertaker must ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.

(7) In the event that any rock material used in the construction of the authorised scheme is misplaced or lost below MHWS, the undertaker must report the loss to the MMO Local Office within 48 hours and if the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must endeavour to locate the material and recover it.

(8) The undertaker must ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas must be contained to prevent run off entering the water through the freeing ports.

(9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team in accordance with the marine pollution contingency plan approved under condition 22(1)(e)(i).

(10) Debris or dropped objects which are considered a danger or hazard to navigation must be reported as soon as reasonably practicable but no later than six hours from the undertaker becoming aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by telephone (0344 382 0580), and the UK Hydrographic Office email: navwarnings@btconnect.com.

(11) All dropped objects including those in sub-paragraph (10), must be reported to the MMO using the Dropped Object Procedure Form (including any updated form as provided by the MMO) as soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware of an incident, unless otherwise agreed in writing with the MMO.

(12) On receipt of notification or the Dropped Object Procedure Form the MMO may require relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do so and the MMO may require obstructions to be removed from the marine environment at the undertaker’s expense if reasonable to do so.

Notification of unauthorised deposits

21

(1) If the master of a vessel determines that it is necessary to make an unauthorised deposit within or outside of the Order limits because the safety of human life and/or of the vessel is threatened, within 48 hours full details of the circumstances of the deposit must be notified to the MMO.

(2) The unauthorised deposits must be removed at the expense of the undertaker unless written approval is obtained from the MMO.

Pre-construction plans and documentation

22

(1) The licensed activities or any part of those activities must not commence until the following (as relevant to that part) have been submitted to and approved in writing by the MMO—

(a) A design plan at a scale of between 1:25,000 and 1:50,000, including detailed representation on the most suitably scaled admiralty chart, to be approved in writing by the MMO in consultation with Trinity House, the MCA, UKHO and the relevant statutory nature conservation body which shows—

(i) the proposed location and choice of foundation of all wind turbine generators and the offshore accommodation platform;

(ii) the grid coordinates of the centre point of the proposed location for each wind turbine generator and offshore accommodation platform;

(iii) the height to the tip of the vertical blade and height to the centreline of the generator shaft forming part of the hub;

(iv) rotor diameter and spacing of all wind turbine generators;

(v) the length and arrangement of all cables comprising Work No. 1(b) and, to the extent that they are to be installed under this licence, Work No. 4;

(vi) the dimensions of all gravity base structure foundations;

(vii) the dimensions of all pin pile jacket foundations;

(viii) the dimensions of all suction bucket jacket foundations;

(ix) the dimensions of all monopile foundations;

(x) the proposed layout of all wind turbine generators (to be in accordance with the layout principles and which must accord with the recommendations for layout contained in MGN654 and its annexes) and the offshore accommodation platform including any exclusion zones identified under condition 22(1)(g)(iv);

(xi) a plan showing the indicative layout of all wind turbine generators and the offshore accommodation platform including all exclusion zones (insofar as not shown in (ix) above) and showing the indicative programming of particular works as set out in the indicative programme to be provided under condition 22(1)(b)(iii); and

(xii) any exclusion zones/environmental micrositing requirements;

to ensure conformity with the description of Work Nos. 1, 2, 4 and 8 and compliance with conditions 1 to 21 above.

(b) A construction programme to include details of—

(i) the proposed construction start date;

(ii) proposed timings for mobilisation of plant delivery of materials and installation works;

(iii) an indicative written construction programme for all wind turbine generators, the offshore accommodation platform and cables comprised in the works at paragraph 3 of Part 1 (licensed marine activities) of this licence (insofar as not shown in sub-paragraph (ii) above);

(c) A monitoring plan (which accords with the in principle monitoring plan) to include details of proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with conditions 26, 27 and 28 to be submitted to the MMO in accordance with the following—

(i) at least six months prior to the first survey, detail of the pre-construction surveys and an outline of all proposed monitoring;

(ii) at least six months prior to construction, detail of construction monitoring;

(iii) at least six months prior to completion of construction, detail of post-construction (and operational) monitoring;

unless otherwise agreed in writing with the MMO.

(d) A construction method statement in accordance with the construction methods assessed in the environmental statement, to be submitted to the MMO at least six months prior to commencement of licensed activities, and including details of—

(i) foundation installation methodology, including drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation works;

(ii) cable specification, installation and monitoring, in accordance with the outline cable specification and installation plan, to include—

(aa) technical specification of offshore cables below MHWS;

(bb) a detailed cable laying plan for the Order limits, incorporating a burial risk assessment encompassing the identification of any cable protection that exceeds 5% of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5% of navigable depth is identified, details of any steps (to be determined following consultation with the MCA and Trinity House) to be taken to ensure existing and future safe navigation is not compromised or such similar assessment to ascertain suitable burial depths and cable laying techniques, including cable protection; and

(cc) proposals for monitoring offshore cables and the status of cable protection during the operational lifetime of the authorised scheme which include a risk based approach to the management of unburied or shallow buried cables.

(iii) scour protection and cable protection management in accordance with the outline scour protection and cable protection management plan including details of the need, type, sources, quantity and installation methods for scour protection and cable protection, with details updated and resubmitted for approval if changes to it are proposed following cable laying operations;

(iv) main contractors;

(v) vessels and vessels transit corridors; and

(vi) associated and ancillary works.

(e) A project environmental management plan in accordance with the outline project environmental management plan covering the period of construction and operation to include details of—

(i) a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents of the authorised scheme in relation to all activities carried out;

(ii) a chemical risk assessment to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

(iii) waste management and disposal arrangements;

(iv) the appointment and responsibilities of a fisheries liaison officer;

(v) a fisheries liaison and coexistence plan in accordance with the outline fisheries liaison and coexistence plan to ensure relevant fishing fleets are notified of commencement of licensed activities pursuant to condition 16 and to address the interaction of the licensed activities with fishing activities;

(vi) a vessel management plan in accordance with the outline vessel management plan including details of vessel routing to and from construction sites and ports and to include a code of conduct for vessel operators; and

(vii) a marine biosecurity plan detailing how the risk of introduction and spread of invasive non-native species will be minimised.

(f) In the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol in accordance with the outline marine mammal mitigation protocol (piling), the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation body, to be submitted to the MMO at least six months prior to commencement of piling activities. The marine mammal mitigation protocol must include deployment of noise mitigation systems or noise abatement systems (or both) that will be utilised to manage sounds from those piling activities. The marine mammal mitigation protocol must include full details and justification for the mitigation chosen or excluded for deployment.

(g) A written scheme of archaeological investigation in relation to the offshore Order limits seaward of mean high water, which must be submitted to the statutory historic body at least six months prior to commencement of the licensed activities and to the MMO at least four months prior to commencement of the licensed activities and which must accord with the outline marine archaeological written scheme of investigation and industry good practice, in consultation with the statutory historic body to include—

(i) details of responsibilities of the undertaker, archaeological consultant and contractor;

(ii) a methodology for further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

(iii) archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO within four months of any survey being completed;

(iv) delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones;

(v) monitoring of archaeological exclusion zones during and post construction, where required;

(vi) a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the Archaeological Data Service, by submitting an OASIS (Online AccesS to the Index of archaeological investigationS) form with a digital copy of the report within six months of completion of construction of the authorised scheme, and to notify the MMO and Historic England that the OASIS form has been submitted to the Archaeological Data Service within two weeks of submission;

(vii) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised scheme; and

(viii) a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the offshore Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities.

(h) An offshore operations and maintenance plan, in accordance with the outline offshore operations and maintenance plan, to be submitted to the MMO at least six months prior to commencement of operation of the licensed activities and to provide for review and resubmission every three years during the operational phase.

(i) An aids to navigation management plan to be approved in writing by the MMO following consultation with Trinity House, to include details of how the undertaker will comply with the provisions of condition 17 for the lifetime of the authorised scheme.

(j) A biogenic reef mitigation plan in accordance with the outline biogenic reef mitigation plan.

(2) In the event that driven or part-driven pile foundations are proposed to be used, the hammer energy used to drive or part-drive the pile foundations must not exceed—

(a) 6,600kJ in respect of monopile foundations; and

(b) 3,500kJ in respect of pin piles.

(3) Pre-construction archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a specific written scheme of archaeological investigation which is itself in accordance with the details set out in the outline written scheme of investigation (offshore), and which has been submitted to and approved by the MMO in consultation with the statutory historic body.

(4) Where an application for approval is made under condition 13(1)(c), (d), (e), (f), (h) or (j), the MMO must consult the relevant statutory nature conservation body.

23

(1) Any archaeological reports produced in accordance with condition 22(1)(g)(iii) are to be approved by the statutory historic body.

(2) Each programme, statement, plan, protocol or scheme required to be approved under condition 22 must be submitted for approval at least four months prior to the intended commencement of licensed activities, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(3) No licensed activity may commence until for that licensed activity the MMO has approved in writing any relevant programme, statement, plan, protocol or scheme required to be approved under condition 22.

(4) Subject to sub-paragraph (6), the MMO must determine an application for approval made under condition 22 within a period of four months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.

(5) The licensed activities must be carried out in accordance with the approved plans, protocols, statements, schemes and details approved under condition 22, unless otherwise agreed in writing by the MMO.

(6) Where an application for approval is made under condition 13(1)(c), (d), (f) or (h), the MMO must determine the application for approval within a period of six months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.

Offshore safety management

24

No part of the authorised scheme may commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and, so far as is applicable to that part of the authorised scheme, adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN654 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

Reporting of engaged agents, contractors and vessels

25

(1) The undertaker must provide the following information to the MMO, unless otherwise agreed in writing by the MMO—

(a) the name, company number (if applicable), address and function of any agent, contractor or subcontractor appointed to engage in the licensed activities not less than ten working days prior to such agent or contractor commencing any licensed activity; and

(b) each week during the construction of the authorised scheme a completed Hydrographic Note H102 listing the vessels currently and to be used in relation to the licensed activities, including the master’s name, vessel type, vessel IMO number and vessel owner or operating company.

(2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activities.

Pre-construction monitoring and surveys

26

(1) The undertaker must, in discharging condition 22(1)(c), submit details (which accord with the in principle monitoring plan) for written approval by the MMO in consultation with the relevant statutory nature conservation body of proposed pre-construction surveys, including methodologies (including appropriate buffers, where relevant) and timings, and a proposed format and content for a pre-construction baseline report; and

(a) the survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position or will enable the validation or otherwise of key predictions in the environmental statement; and

(b) the baseline report proposals must ensure that the outcome of the agreed surveys together with existing data and reports are drawn together to present a valid statement of the pre-construction position, with any limitations, and must make clear what post-construction comparison is intended and the justification for this being required.

(2) The pre-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed with the MMO in writing, have due regard to, but not be limited to, the need to undertake—

(a) an appropriate survey or surveys to determine the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance constituting Annex 1 reef habitats in the parts of the Order limits in which it is proposed to carry out construction works;

(b) a swath-bathymetry survey to IHO Order 1a standard that meets the requirements MGN654 and its annexes, and side scan sonar, of the area(s) within the Order limits in which it is proposed to carry out construction works;

(d) any ornithological monitoring required by the monitoring plan submitted in accordance with condition 22(1)(c).

(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the baseline report to the MMO in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

Construction monitoring

27

(1) The undertaker must, in discharging condition 22(1)(c), submit details (which accord with the in principle monitoring plan) for written approval by the MMO in consultation with the relevant statutory nature conservation body of any proposed monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The monitoring proposals must specify each survey’s objectives.

(2) In the event that driven or part-driven pile foundations are proposed, such monitoring must include measurements of noise generated by the installation of the first four piled foundations of each piled foundation type to be installed collectively under this licence and under licence 2 (transmission), unless otherwise agreed in writing by the MMO.

(3) The results of the initial noise measurements monitored in accordance with sub-paragraph (2) must be provided to the MMO within six weeks of the installation of the first four piled foundations of each piled foundation type (unless otherwise agreed with the MMO). The assessment of this report by the MMO will determine whether any further noise monitoring is required. If, in the opinion of the MMO in consultation with the statutory nature conservation body, the assessment shows impacts significantly in excess of those assessed in the environmental statement or failures in mitigation, all piling activity must cease until an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.

(4) The undertaker must carry out the monitoring approved under sub-paragraph (1), including any further noise monitoring required in writing by the MMO, and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation body.

(5) Construction monitoring must include vessel traffic monitoring by automatic identification system for the duration of the construction period. An appropriate report must be submitted to the MMO, Trinity House and the MCA at the end of each year of the construction period.

Post construction

28

(1) The undertaker must, in discharging condition 22(1)(c), submit details (which accord with the in principle monitoring plan) for written approval by the MMO in consultation with relevant statutory nature conservation body of proposed post-construction surveys, including methodologies (including appropriate buffers, where relevant) and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position or will enable the validation or otherwise of key predictions in the environmental statement.

(2) The post-construction surveys referred to in sub-paragraph (1) must, unless otherwise agreed with the MMO, have due regard to, but not be limited to, the need to undertake—

(a) an appropriate survey or surveys to determine any change in the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance constituting Annex 1 reef habitats identified in the pre-construction survey in the parts of the Order limits in which construction works were carried out. The survey design must be informed by the results of the pre-construction benthic survey;

(b) within twelve months of completion of Works Nos. 1, 2, 4 and 8, a full sea floor coverage swath-bathymetry survey that meets the requirements of MGN654 and its annexes, and side scan sonar, of the area(s) within the Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring or assessment as may be agreed to ensure that cables have been buried or protected;

(d) any ornithological monitoring required by the monitoring plan submitted in accordance with condition 22(1)(c); and

(e) post-construction traffic monitoring, which includes vessel traffic monitoring by automatic identification system for a duration of three consecutive years following the completion of construction of the authorised scheme, unless otherwise agreed in writing by the MMO. An appropriate report must be submitted to the MMO, Trinity House and the MCA at the end of each year of the three year period.

(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation body.

(4) Following installation of cables, the cable monitoring plan required under condition 22(1)(d)(ii)(cc) must be updated with the results of the post installation surveys. The plan must be implemented during the operational lifetime of the project and reviewed as specified within the plan, following cable burial surveys, or as instructed by the MMO.

Reporting of impact pile driving

29

(1) Only when driven or part-driven pile foundations are proposed to be used as part of the foundation installation the undertaker must provide the following information to the Marine Noise Registry—

(a) prior to the commencement of the licenced activities, information on the expected location, start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward Look requirements;

(b) at six month intervals following the commencement of pile driving, information on the locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements; and

(c) within 12 weeks of completion of impact pile driving, information on the locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.

(2) The undertaker must notify the MMO of the successful submission of Forward Look or Close Out data pursuant to sub-paragraph (1) above within 7 days of the submission.

(3) For the purpose of this condition—

(a) “Marine Noise Registry” means the database developed and maintained by JNCC on behalf of Defra to record the spatial and temporal distribution of impulsive noise generating activities in UK seas; and

(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) or any updated information document.

Deployment of cable protection

30

No cable protection granted by this licence may be deployed within the IDRBNR SAC after the construction period has ended. Any cable protection to be installed outside of the IDRBNR SAC following completion of construction in locations where cable protection was not installed during construction must be deployed within 10 years of completion of construction, unless otherwise agreed by the MMO in writing.

Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)

31

(1) No piling activities can begin until a Site Integrity Plan (SIP), which accords with the principles set out in the in principle Southern North Sea SAC Site Integrity Plan, has been submitted to, and approved in writing, by the MMO in consultation with the relevant statutory nature conservation body.

(2) The SIP submitted for approval must contain a description of the conservation objectives for the Southern North Sea Special Area of Conservation (SNS SAC) as well as any relevant management measures and it must set out the key statutory nature conservation body advice on activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this has been considered in the context of the authorised scheme.

(3) The SIP must be submitted to the MMO no later than six months prior to the commencement of piling activities.

(4) In approving the SIP the MMO must be satisfied that the authorised scheme at the pre-construction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.

(5) The approved SIP may be amended with the prior written approval of the MMO, in consultation with the relevant statutory nature conservation body, where the MMO remains satisfied that the authorised scheme, in-combination with other plans or projects at the pre-construction stage, is in line with the JNCC Guidance.

(6) The MMO must determine an application for approval made under condition 22 within a period of six months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.

(7) The licensed activities must be carried out in accordance with the SIP approved under condition 22, unless otherwise agreed in writing by the MMO.

Completion of construction

32

(1) The undertaker must submit a close out report to the MMO, MCA, UKHO, the relevant statutory nature conservation body and Trinity House within three months of the date of completion of construction. The close out report must confirm the date of completion of construction and must include the following details—

(a) the final number of installed wind turbine generators;

(b) the installed wind turbine generator parameters relevant for ornithological collision risk modelling;

(d) latitude and longitude coordinates of the centre point of the location for each wind turbine generator and the offshore accommodation platform provided as Geographical Information System data referenced to WGS84 datum;

(e) latitude and longitude coordinates of the array cable routes provided as Geographical Information System data referenced to WGS84 datum; and

(f) the location, volume and area of cable protection.

(2) Following completion of construction, no further construction activities can be undertaken under this licence, with the exception of the deployment of cable protection.

(3) For any subsequent deployments of cable protection following completion of construction, the undertaker must submit an updated close out report not more than four months following deployment of the cable protection.

Maintenance reporting

33

(1) An annual maintenance report must be submitted to the MMO in writing within three months following the first anniversary of the date of commencement of operations, and every year thereafter until the permanent cessation of operation.

(2) The report must provide a record of the licensed activities as set out in condition 4 during the preceding year, the timing of activities and methodologies used.

(3) Every fifth year, the undertaker must submit to the MMO in writing, within three months of that date, a consolidated maintenance report, which will—

(a) include a review of licensed activities undertaken during the preceding five years with reference to the reports submitted in accordance with condition 24(1) of this licence; and

(b) reconfirm the applicability of the methodologies and frequencies of the licensable activities permitted by this licence for the remaining duration of this licence.

Piling restriction for spawning herring

34

(1) No piling activity may be undertaken within the spawning herring piling restriction area during the herring spawning season, unless otherwise approved in writing by the MMO.

(2) In this condition—

(a) “herring spawning season” means 1 September and 16 October inclusive;

(b) “spawning herring piling restriction area” means the area identified as the spawning herring piling restriction area within the spawning herring piling restriction plan; and

(c) “spawning herring piling restriction plan” means the plan certified as the spawning herring piling restriction plan by the Secretary of State for the purposes of the Order under article.

SCHEDULE 11 — Deemed marine licence under the 2009 Act – offshore transmission assets

PART 1 — Licensed marine activities

1

(1) In this licence—

“the 2004 Act” means the Energy Act 2004[^f00084];

“the 2008 Act” means the Planning Act 2008[^f00085];

“the 2009 Act” means the Marine and Coastal Access Act 2009[^f00086];

“the 2017 Offshore Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 2017[^f00087];

“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;

“Annex 1 reef” means a reef of a type listed in Annex 1 to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;

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

“authorised scheme” means Work Nos. 2 to 8 and 11 described in paragraph 3 of Part 1 of this licence or any part of that work;

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

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

“cable protection” means measures to protect cables from physical damage including the use of bagged solutions filled with grout or other materials, protective aprons or coverings, mattresses, flow energy dissipation devices or rock and gravel burial;

“commence” means the first carrying out of any licensed marine activities authorised by this licence, save for operations consisting of offshore preparation works and the words “commencement” and “commenced” must be construed accordingly;

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

“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands, B75 7RL and any successor body to its functions;

“enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of Part 4 (marine licensing) of the 2009 Act;

“Environment Agency” means the non-departmental public body of that name created by section 1 of the Environment Act 1995;

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

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

“Historic England” means the Historic Buildings and Monuments Commission for England;

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

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

“in principle Southern North Sea SAC Site Integrity Plan” means the document certified as the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.);

“interlink cable” means the cables comprised within Work No. 4 that link the offshore transformer substations to each other and to the offshore accommodation platform;

“intertidal area” means the area between MHWS and MLWS;

“JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’ Joint Nature Conservation Committee Report No. 654, May 2020 published in June 2020 as amended, updated or superseded from time to time;

“LAT” means lowest astronomical tide;

“licence 1 (generation)” means the licence set out in Schedule 10 (deemed marine licence under the 2009 Act – generation assets);

“licensed activities” means the activities specified in Part 1 of this licence;

“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace (including replenishment of cable protection), but does not include the removal, reconstruction or replacement of foundations associated with the offshore works, to the extent assessed in the environmental statement; and “maintenance” and any derivative of maintain must be construed accordingly;

“mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;

“mean low water springs” or “MLWS” means the average height of all low waters above Chart Datum;

“Marine Management Organisation” or “MMO” means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence;

“MCA” means the Maritime and Coastguard Agency;

“monopile foundation” means a steel pile, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“offshore accommodation platform” means a structure attached to the seabed by means of a foundation, with one or more decks and a helicopter platform (including bird deterrents), containing housing accommodation, storage, workshop, auxiliary equipment and facilities for operating, maintaining and controlling the wind turbine generators and offshore electrical installations;

“offshore electrical installations” means the small offshore transformer substations, the large offshore transformer substations, and the offshore reactive compensation platforms forming part of the authorised scheme;

“offshore Order limits” means the limits shown on the works plans within which the authorised scheme may be carried out;

“offshore preparation works” means surveys and monitoring seaward of MHWS undertaken prior to the commencement of construction to prepare for construction;

“offshore reactive compensation platform” means a structure attached to the seabed by means of a foundation, with one or more decks (including bird deterrents) housing electrical reactors and switchgear for the purpose of the efficient transfer of power in the course of HVAC transmission by providing reactive compensation;

“offshore reactive compensation platform design principles statement” means the document certified as the offshore reactive compensation platform design principles statement by the Secretary of State for the purposes of the Order under article 41;

“offshore transformer substation” means a structure attached to the seabed by means of a foundation, with one or more decks and a helicopter platform (including bird deterrents), containing— electrical equipment required to switch, transform, convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation; and housing accommodation, storage, workshop auxiliary equipment, radar and facilities for operating, maintaining and controlling the substation or wind turbine generators;

“the Order” means the Outer Dowsing Offshore Wind Farm Order 2026;

“outline biogenic reef mitigation plan” means the document certified as the outline biogenic reef mitigation plan by the Secretary of State for the purposes of the Order under article 40;

“outline cable specification and installation plan” means the document certified as the outline cable specification and installation plan by the Secretary of State for the purposes of the Order under article 40;

“outline fisheries liaison and coexistence plan” means the document certified as the outline fisheries liaison and coexistence plan by the Secretary of State for the purposes of the Order under article 40;

“outline marine mammal mitigation protocol (piling)” means the document certified as the outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes of the Order under article 40;

“outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of the Order under article 40;

“outline offshore reactive compensation platform lighting management plan” means the document certified as the outline offshore reactive compensation platform lighting management plan by the Secretary of State for the purposes of the Order under article 40;

“outline project environmental management plan” means the document certified as the outline project environmental management plan by the Secretary of State for the purposes of the Order under article 40;

“outline scour protection and cable protection management plan” means the document certified as the outline scour protection and cable protection management plan by the Secretary of State for the purposes of the Order under article 40;

“outline vessel management plan” means the document certified as the outline vessel management plan by the Secretary of State for the purposes of the Order under article 40;

“outline marine archaeological written scheme of investigation” means the document certified as the outline marine archaeological written scheme of investigation by the Secretary of State for the purposes of the Order under article 40;

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

“pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel pin piles and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

“SAC” means special area of conservation;

“statutory historic body” means Historic England or its successor in function;

“statutory nature conservation body” means the appropriate nature conservation body as defined in regulation 5 of the 2017 Regulations;

“suction bucket” means large diameter steel cylindrical shells which penetrate the seabed assisted by a hydrostatic pressure differential for securing steel jacket foundations;

“suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

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

“undertaker” means GT R4 Limited (company number 13281221);

“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;

“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

“Work No. 12” means up to four underground cable circuits and up to six associated cable ducts; and

“works plans” means the plans certified as the works plans onshore and works plans offshore by the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.).

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

(3) Unless otherwise indicated—

(a) all times are taken to be Greenwich Mean Time (GMT); and

(b) all coordinates are taken to be latitude and longitude degrees and minutes to two decimal places.

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence are—

(a) Marine Management Organisation

Marine Licensing Team

Tyneside House

Skinnerburn Road

Newcastle upon Tyne

NE4 7AR

Tel: 0300 123 1032;

(b) Marine Management Organisation (local office)

CEFAS (Centre for Environment, Fisheries and Aquaculture Science) Building

Pakefield Road

Lowestoft

NR33 0HT

Tel: 0208 026 6094;

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900;

(d) The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900;

(e) Maritime and Coastguard Agency

UK Technical Services Navigation

Spring Place 105 Commercial Road

Southampton

SO15 1EG

Tel: 020 3817 2426/2433

Email: navigationsafety@mcga.gov.uk;

(f) Natural England

4th Floor, Foss House

1-2 Peasholme Green

York

YO1 7PX

Tel: 0300 060 3900;

(g) Historic England

The Foundry

82 Granville Street

Birmingham

B1 2LH

Tel: 0121 625 6888

2

(a) the deposit at sea of the substances and articles specified in paragraph 4 below;

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

(d) debris clearance works;

(e) boulder clearance works either by displacement ploughing or subsea grab technique or other equivalent method;

(f) the removal of out of service cables;

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

(h) removal of static fishing gear; and

(i) the disposal of up to 18,381,000 cubic metres of inert material of natural origin and/or dredged material within the offshore Order limits produced during construction drilling or seabed preparation for foundation works, sandwave clearance, boulder clearance works and excavation of trenchless technique exit pits at disposal site reference(s) to be provided in writing by the MMO within the extent of the Order limits seaward of MHWS (some of which may alternatively be disposed under licence 1 (generation)).

3

Such activities are authorised in relation to the construction, maintenance and operation of—

4

The substances or articles authorised for deposit at sea are—

(a) iron and steel, copper and aluminium;

(b) stone and rock;

(d) sand and gravel;

(e) plastic and synthetic;

(f) material extracted from within the offshore Order limits during construction drilling and seabed preparation for foundation works, cable preparation works and sandwave clearance works and excavation of trenchless technique exit pits;

(g) weights used for the calibration of vessels, consisting of a hessian sack, metal shackles or chains; and

(h) marine coatings, other chemicals and timber.

5

The grid coordinates for the authorised scheme are specified below—

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.

The Outer Dowsing Offshore Wind Farm Order 2026

2

3

4

5

6

7

8

9

PART 2 — Conditions

Design parameters

10

11

12

Maintenance of the authorised scheme

13

Vessels under the undertaker’s control

14

Extension of time periods

15

Notification and Inspection

16

Aids to navigation

17

Colouring of structures

18

Aviation safety

19

Chemicals, drilling and debris

20

Notification of unauthorised deposits

21

Pre-construction plans and documentation

22

23

Offshore safety management

24

Reporting of engaged agents, contractors and vessels

25

Pre-construction monitoring and surveys

26

Construction monitoring

27

Post construction

28

Reporting of impact pile driving

29

Deployment of cable protection

30

Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)

31

Completion of construction

32

Maintenance reporting

33

Piling restriction for spawning herring

34

SCHEDULE 11 — Deemed marine licence under the 2009 Act – offshore transmission assets

PART 1 — Licensed marine activities

1

2

3

4

5