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The Hornsea One Offshore Wind Farm Order 2014

Type Statutory-Instrument

Publication 2014-12-10

Last updated 2017-12-28

State In force

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(2) If any part of the specified work is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the approving party may by notice in writing require the promoting party at the promoting party’s own expense to comply with the requirements of this Part of this Schedule or (if the promoting party so elects and the approving party in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the approving party reasonably requires.

(3) Subject to sub-paragraph (4), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (2) is served upon the promoting party, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the approving party may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the promoting party.

(4) In the event of any dispute as to whether sub-paragraph (2) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the approving party must not except in emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

94

The promoting party must give to the approving party not less than 14 days’ written notice of its intention to commence the construction of the specified works and, not more than 14 days after completion of such construction, must give the approving party written notice of such completion.

95

The promoting party must at all reasonable times during construction of the specified works and thereafter allow the approving party, its servants and agents, access to such work and all reasonable facilities for inspection of any such work.

96

(1) After the purpose of any temporary works has been accomplished the promoting party must with all reasonable dispatch, or after a reasonable period of notice in writing from the approving party requiring the promoting party to do so, remove any such temporary works or any materials relating thereto which may have been placed in, on, under or over the grid connection land by or on behalf of the promoting party.

(2) If the promoting party fails to do so within a reasonable period after receiving such notice, the approving party may remove the same and may recover the reasonable costs of doing so from the promoting party.

97

(1) If any damage to the grid connection land or any apparatus of any approving party upon such land or any interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work, the promoting party must, notwithstanding any approval, make good such damage to the reasonable satisfaction of the approving party and must pay to the approving party all reasonable expenses to which the approving party may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(2) If the promoting party refuses or fails to do so, the approving party may cause the work to be done and may recover the reasonable cost of doing so from the promoting party.

98

(1) Without prejudice to the other provisions of this Part of this Schedule, the promoting party is to be responsible for, and must make good to the approving party, all losses, costs, charges, damages and expenses however caused (including a reasonable and proper proportion of the overhead charges of the approving party) which may reasonably be incurred by or occasioned to the approving party by reason of or arising from or in connection with—

(a) the perusal of plans and the inspection of the specified works by the approving party or its duly authorised representative;

(b) the construction or failure of the specified works, or the undertaking by the approving party of works or measures to prevent or remedy damage to any property of the approving party arising from such construction or failure;

(c) any act or omission of the promoting party or their servants or agents whilst engaged in the construction of any of the specified works.

(2) The approving party must give to the promoting party notice in writing of any claim or demand for which the promoting party may be liable under this paragraph and no settlement or compromise of any such claim or demand may be made without the consent in writing of the promoting party.

(3) Nothing in this paragraph imposes any liability on the promoting party to the extent that any losses, costs, charges, damages, expenses, claims or demands referred to in sub-paragraph (1) are attributable to negligence on the part of the approving party or of any person in its employ or of its contractors or agents.

99

The fact that any work or thing has been executed or done with the consent of the approving party and in accordance with any conditions or restrictions prescribed by the approving party or in accordance with any plans approved by the approving party or to its satisfaction or in accordance with any directions or award of any arbitrator, does not relieve the promoting party from any liability under the provisions of this Part of this Schedule.

100

Any consent or approval of an approving party required under this Part of this Schedule—

(a) must not be unreasonably withheld or delayed; and

(b) may be given subject to reasonable conditions.

101

Any consent or approval of an approving party required under this Part of this Schedule shall be deemed to have been given if it is neither given nor refused within 42 days beginning with the date on which the application for consent or approval was submitted to the approving party.

102

Without prejudice to the generality of paragraph 100 of this Part of this Schedule, it shall not be reasonable for an approving party to withhold or delay any consent or approval under this Part of this Schedule in relation to specified work in, on, under, or over the grid connection land solely on the basis of thermal interaction between the circuit and any adjacent circuit, whether existing or proposed, where it has been demonstrated that there will be no material thermal interaction, which shall be deemed to have been demonstrated where the separation between such circuits is 6 metres or more (from the centre line of each circuit).

103

Without prejudice to the generality of paragraph 100, and in addition to the circumstances described in paragraph 102, it shall not be reasonable for the undertaker or C.GEN to withhold or delay any consent or approval under this Part of this Schedule in relation to specified work in, on, under, or over the crossing zones solely on the basis of thermal interaction where the plans of the specified work submitted under paragraph 93 demonstrate that all reasonable steps have been taken to minimise thermal interaction between the circuit and any other circuit, whether existing or proposed.

104

With the exception of any duty owed by the approving party to the promoting party expressly provided for in the foregoing provisions of this Part of this Schedule, nothing in this Order is to be construed as imposing upon the approving party, either directly or indirectly, any form of duty or liability to which the approving party would not otherwise be subject which is enforceable by proceedings before any court.

105

Save as this Part of this Schedule permits, nothing in this Order affects prejudicially any statutory or other rights, powers or privileges vested in, or enjoyed by, the approving party at the commencement of this Order or any title of the approving party in, to or over any lands held or acquired by it.

106

(1) In the event that the undertaker begins to carry out the specified work before C.GEN and the undertaker requires to alter the course of, modify, or remove any part of the drainage ditch such alteration, modification or removal works must be approved in writing by C.GEN, such approval not to be unreasonably withheld or delayed but may be given subject to reasonable conditions.

(2) In the event that C.GEN begins to carry out the specified work before the undertaker and C.GEN requires to alter the course of, modify, or remove any part of the drainage ditch such alteration, modification or removal works must be approved in writing by the undertaker, such approval not to be unreasonably withheld or delayed but may be given subject to reasonable conditions.

107

The undertaker must ensure that the rate and/or volume of water discharged from the dominant land onto, over, across or through the servient land will not result in a significant increase in the exercise of the rights of the easement enjoyed by the dominant land on, over, across and through the servient land other than with the prior written approval of C.GEN.

108

The undertaker must not exercise the powers conferred by article 15 (compulsory acquisition of land) or article 16 (compulsory acquisition of rights) in respect of the Order land shown numbered 408 on the land plans to extinguish any rights that C.GEN has to connect into the North Killingholme National Grid substation.

109

The provisions of this Part of this Schedule will enure for the benefit of the undertaker, C.GEN and any statutory successor of either which is licensed under section 6 of the 1989 Act and is in occupation or use of the Hornsea Project Substation Site, the grid connection land or any part thereof pursuant to their undertaking.

PART 11 — For the protection of ConocoPhillips (UK) Limited

110

In this Part of this Schedule—

“ConocoPhillips” means ConocoPhillips (U.K.) Limited (Company Number 00524869); and

“the pipeline” means the condensate pipeline running from the ConocoPhillips Theddlethorpe Gas Terminal to the Humber Oil Refinery, operated by ConocoPhillips on behalf of the pipeline owner and all ancillary apparatus including such works and apparatus properly appurtenant to the pipeline as are specified by section 65(2) of the Pipe-Lines Act 1962.

111

No less than 28 days before commencing any part of the authorised development or the operation of the authorised development which is near to and would or may have an effect on the operation and maintenance of the pipeline and access to it, the undertaker must submit to ConocoPhilips plans and sections of the proposed works and such further particulars as ConocoPhillips may, within 28 days from the day on which plans and sections are submitted under this paragraph, reasonably require.

112

No works comprising any part of the authorised development or the authorised project which would have an effect in full or in part on the operation, maintenance, repair, replacement and abandonment of the pipeline and access to it are to be commenced until plans and sections in respect of those works submitted under paragraph 111 have been approved by ConocoPhillips.

113

Any approval of ConocoPhillips required under paragraph 112 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as ConocoPhillips may require to be made for—

(a) the continuing safety and operational viability of the pipeline; and

(b) the requirement for ConocoPhillips to have uninterrupted and unimpeded access to the pipeline at all times.

114

(1) Subject to sub-paragraphs (2) and (3) below, if, by reason or in consequence of the constructions of any of the works referred to in paragraph 111, any damage is caused to any apparatus or property of ConocoPhillips, or there is any interruption in any service provided, or in the supply of any goods, by ConocoPhillips, the undertaker must—

(a) bear and pay the cost reasonably incurred by ConocoPhillips in making good such damage or restoring the supply; and

(b) make reasonable compensation to ConocoPhillips for any other expenses, loss, damages, penalty or costs incurred by ConocoPhillips,

by reason of or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of ConocoPhillips, its officers, servants, contractors or agents.

(3) ConocoPhillips must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the consent of the undertaker, which, if withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Signed

Signed by authority of the Secretary of State for Energy and Climate Change

Giles Scott — Head of National Infrastructure Consents — Department of Energy and Climate Change — 10th December 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises the construction, operation and maintenance of up to three generating stations in the sea approximately 103 kilometres off the coast of Yorkshire together with all necessary and associated development. It authorises the compulsory purchase of land and rights in land, as well as to override easements and other rights, and provides a defence in proceedings in respect of statutory nuisance and to discharge water. The Order imposes requirements in connection with the development for which it grants development consent.

The Order also grants deemed marine licences for the marine licensable activities, being the deposit of substances and articles and the carrying out of works, involved in the construction of the generating stations and associated development. The deemed marine licences impose conditions in connection with the deposits and works for which they grant consent.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 39 (certification of plans, etc) of this Order may be inspected free of charge at the offices of SMart Wind at 140 London Wall, London EC2Y 5DN.

Footnotes

[^f00001]: S.I. 2009/2264. Amended by S.I. 2010/602, 2012/635, 2012/2732.

[^f00002]: 2008 c.29.

[^f00003]: S.I. 2010/103. Amended by SI 2012/635.

[^f00004]: 1961 c.33. Section 2(2) was amended by section 193 of, and paragraph 5 of Schedule 33 to, the Local Government, Planning and Land Act 1980 (c.65). There are other amendments to the 1980 Act which are not relevant to this Order.

[^f00005]: 1965 c.56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c.71). Section 5 was amended by sections 67 and 80 of, and Part 2 of Schedule 18 to, the Planning and Compensation Act 1991 (c.34). Section 11(1) and sections 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No.1). Section 12 was amended by section 56(2) of, and Part 1 to Schedule 9 to, the Courts Act 1971 (c.23). Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c.15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c.39). Section 31 was also amended by section 70 of, and paragraph 19 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34) and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No.1). There are other amendments to the 1965 Act which are not relevant to this Order.

[^f00006]: 1980 c.66. Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 (c.22); sections 1(2), (3) and (4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c.51); section 1(2A) was inserted by, and section 1(3) was amended by, section 259 (1), (2) and (3) of the Greater London Authority Act 1999 (c.29); sections 1(3A) and 1(5) were inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 36(2) was amended by section 4(1) of, and paragraphs 47 (a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1985 (c.71), by S.I. 2006/1177, by section 4 of and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11), by section 64(1) (2) and (3) of the Transport and Works Act 1992 (c.42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c.37); section 36(3A) was inserted by section 64(4) of the Transport and Works Act 1992 and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985 (c.51); and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c.29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c.15). There are other amendments to the 1980 Act which are not relevant to this Order.

[^f00007]: 1981 c.66. Sections 2 and 116 were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11). There are other amendments to the 1981Act which are not relevant to this Order.

[^f00008]: 1989 c.29.

[^f00009]: 1990 c. 8. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c29) (date in force to be appointed see section 241(3), (4)(a), (c) of the 2008 Act). There are other amendments to the 1990 Act which are not relevant to this Order.

[^f00010]: 1991 c.22.

[^f00011]: 2003 c.21.

[^f00012]: 2004 c.20.

[^f00013]: 2009 c.23.

[^f00014]: 1991 c.56. Section 106 was amended by sections 36(2) and 99 of the Water Act 2003 (c.37). There are other amendments to this section which are not relevant to this Order.

[^f00016]: 1964 c.40. Paragraph 9B was inserted into Schedule 2 by the Transport and Works Act 1992 (c.42), section 63(1) and Schedule 3, paragraph 9(1) and (5). There are other amendments to the 1964 Act which are not relevant to this Order.

[^f00017]: 1981 c.66. Sections 2 and 116 were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00018]: 2003 c.21.

[^f00019]: S.I. 1997/1160.

[^f00020]: 1991 c.57.

[^f00021]: 1991 c.59.

[^f00022]: 1990 c.43. There are amendments to this Act which are not relevant to this Order.

[^f00023]: 1974 c.40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990, c.25. There are other amendments to the 1974 Act which are not relevant to this Order.

[^f00024]: S.I. 2009/2263, as amended by S.I. 20011/2741, S.I. 2012/635, and S.I. 2012/787.

[^f00025]: 1852 c. xxx.

[^f00026]: 1899 c. cci.

[^f00027]: 1905 c. clxxix.

[^f00028]: S.I. 2009/3015.

[^f00029]: 1973 c.26.

[^f00030]: OJ No L 206, 22.7.1992, p7, last amended by Council Directive 2013/17/EU (OJ No L 158, 10.6.2013, p193).

[^f00031]: 2002/1355, as amended by S.I. 2011/982. There are amendments to instrument not relevant to this Order.

[^f00032]: 1993 c.43.

[^f00033]: 2006 c.46.

[^f00035]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c.27).

[^f00036]: 1962 c.58. Section 65(2) was amended by paragraph 6 of Schedule 2 to the Energy Act 2011 (c.16), by S.I. 2000/1937 and by S.I. 2011/2305.

1

The authorised development comprises the nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act which is described in paragraphs 2 to 4, and the associated development within the meaning of section 115(2) of the 2008 Act described in paragraphs 5 and 6.

2

The nationally significant infrastructure project comprises two or, subject to paragraph 3, three offshore wind generating stations with a combined gross electrical output capacity of up to 1,218 MW as follows—

Work No. 1 —an offshore wind generating station within Wind Farm Area 1, whose coordinates constitute the limits of deviation for Work No.1 and are specified in Table 1, comprising—up to 80 or, if no part of Work No. 3 is constructed, up to 120 wind turbine generators fixed to the seabed;a network of subsea inter-array electrical circuits connecting the structures comprised in Work No. 1—with each other;with any other structure located within Wind Farm Area 1; and(for the purpose of connecting any structure comprised in Work No. 1 with any structure comprised in Works Nos. 2, 3 and 4) with the network of electrical circuits comprised in Works Nos. 2, 3 and 4;subject to paragraph 4, an offshore accommodation platform fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter stations within Work No. 4 by an unsupported steel bridge.Table 1Co-ordinates for Wind Farm Area 1 (limits of deviation for Work No. 1)PointLatitudeLongitude153° 58’ 42.179″ N1° 44’ 31.880″ E253° 55’ 46.445″ N1° 47’ 47.796″ E353° 55’ 53.992″ N1° 48’ 39.422″ E453° 54’ 58.313″ N1° 47’ 32.926″ E553° 54’ 17.250″ N1° 48’ 17.274″ E653° 53’ 31.505″ N1° 47’ 33.690″ E753° 52’ 09.910″ N1° 47’ 42.124″ E853° 51’ 28.123″ N1° 49’ 07.614″ E953° 51’ 13.307″ N1° 48’ 03.216″ E1053° 50’ 42.649″ N1° 47’ 48.974″ E1153° 50’ 02.841″ N1° 47’ 41.467″ E1253° 50’ 03.890″ N1° 43’ 58.211″ E1353° 50’ 05.118″ N1° 38’ 58.430″ E1453° 55’ 09.293″ N1° 39’ 52.024″ E1553° 56’ 03.228″ N1° 41’ 00.143″ E1653° 56’ 23.259″ N1° 43’ 05.437″ E1753° 56’ 29.670″ N1° 43’ 45.592″ E1853° 58’ 17.828″ N1° 41’ 46.795″ E1953° 58’ 42.179″ N1° 44’ 31.880″ E

Work No. 2 —an offshore wind generating station within Wind Farm Area 2, whose coordinates constitute the limits of deviation for Work No.2 and are specified in Table 2, comprising—up to 80 or, if no part of Work No. 3 is constructed, up to 120 wind turbine generators fixed to the seabed;a network of subsea inter-array electrical circuits connecting the structures comprised in Work No. 2—with each other;with any other structure located within Wind Farm Area 2; and(for the purpose of connecting any structure comprised in Work No. 2 with any structure comprised in Works Nos. 1, 3 and 4) with the network of electrical circuits comprised in Works No. 1, 3 and 4.subject to paragraph 4, an offshore accommodation platform fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter stations within Work No. 4 by an unsupported steel bridge.Table 2Co-ordinates for Wind Farm Area 2 (limits of deviation for Work No. 2)PointLatitudeLongitude153° 49’ 53.896″ N2° 01’ 09.958″ E253° 50’ 43.613″ N2° 01’ 29.135″ E353° 52’ 33.454″ N2° 00’ 29.519″ E453° 53’ 18.324″ N2° 04’ 04.112″ E553° 55’ 17.217″ N2° 01’ 34.030″ E653° 55’ 22.663″ N2° 02’ 14.219″ E753° 56’ 16.303″ N2° 01’ 15.269″ E853° 56’ 46.586″ N2° 05’ 04.031″ E953° 57’ 12.481″ N2° 04’ 32.376″ E1053° 57’ 24.509″ N2° 06’ 06.700″ E1153° 50’ 10.018″ N2° 13’ 57.158″ E1253° 49’ 14.297″ N2° 11’ 36.820″ E1353° 49’ 53.896″ N2° 01’ 09.958″ E

Work No. 3 —an offshore wind generating station within Wind Farm Area 3, whose coordinates constitute the limits of deviation for Work. No. 3 and are specified in Table 3, comprising—up to 80 wind turbine generators fixed to the seabed;a network of subsea inter-array electrical circuits connecting the structures comprised in Work No. 3—with each other;within any other structure located within Wind Farm Area 3; and(for the purpose of connecting any structure comprised in Work No. 3 with any structure comprised in Works Nos. 1, 2 and 4) with the network of electrical circuits comprised in Works Nos. 1, 2 and 4;subject to paragraph 4, an offshore accommodation platform fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter stations within Work No. 4 by an unsupported steel bridge.Table 3Co-ordinates for Wind Farm Area 3 (limits of deviation for Work No. 3)PointLatitudeLongitude153° 55’ 17.217″ N2° 01’ 34.030″ E253° 53’ 18.324″ N2° 04’ 04.112″ E353° 52’ 33.454″ N2° 00’ 29.519″ E453° 50’ 43.613″ N2° 01’ 29.135″ E553° 49’ 53.896″ N2° 01’ 09.958″ E653° 49’ 58.584″ N1° 59’ 54.762″ E753° 49’ 58.944″ N1° 58’ 59.804″ E853° 50’ 02.841″ N1° 47’ 41.467″ E953° 50’ 42.649″ N1° 47’ 48.974″ E1053° 51’ 13.307″ N1° 48’ 03.216″ E1153° 51’ 28.123″ N1° 49’ 07.614″ E1253° 52’ 09.910″ N1° 47’ 42.124″ E1353° 53’ 31.505″ N1° 47’ 33.690″ E1453° 54’ 17.250″ N1° 48’ 17.274″ E1553° 54’ 58.313″ N1° 47’ 32.926″ E1653° 55’ 53.992″ N1° 48’ 39.422″ E1753° 56’ 22.870″ N1° 51’ 57.409″ E1853° 55’ 31.318″ N1° 52’ 54.282″ E1953° 55’ 37.592″ N1° 53’ 38.108″ E2053° 55’ 23.329″ N1° 55’ 20.262″ E2153° 55’ 08.162″ N1° 56’ 10.619″ E2253° 55’ 35.429″ N1° 59’ 20.944″ E2353° 55’ 02.525″ N1° 59’ 45.776″ E2453° 55’ 17.217″ N2° 01’ 34.030″ E

3

Work No. 3 may not be constructed, in whole or part, if either Works Nos. 1 or 2 are constructed so as to include more than 80 wind turbine generators.

4

The combined total of offshore accommodation platforms constructed in whole or in part within Works Nos. 1, 2 and 3 must not exceed 2.

5

The associated development comprises the following scheduled works and the works specified in paragraph 6—

Offshore worksWork No. 4 —up to five offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter stations together with a network of electrical circuits connecting the structures within Work No. 4, the limits of deviation for which are specified in Table 4.Table 4: Limits of deviation for Work No. 4PointLatitudeLongitude153° 58′ 42.179″ N1° 44′ 31.880″ E253° 55′ 46.445″ N1° 47′ 47.796″ E353° 56′ 22.870″ N1° 51′ 57.409″ E453° 55′ 31.318″ N1° 52′ 54.282″ E553° 55′ 37.592″ N1° 53′ 38.108″ E653° 55′ 23.329″ N1° 55′ 20.262″ E753° 55′ 8.162″ N1° 56′ 10.619″ E853° 55′ 35.429″ N1° 59′ 20.944″ E953° 55′ 2.525″ N1° 59′ 45.776″ E1053° 55′ 22.663″ N2° 2′ 14.219″ E1153° 56′ 16.303″ N2° 1′ 15.269″ E1253° 56′ 46.586″ N2° 5′ 4.031″ E1353° 57′ 12.481″ N2° 4′ 32.376″ E1453° 57′ 24.509″ N2° 6′ 6.700″ E1553° 50′ 10.018″ N2° 13′ 57.158″ E1653° 49′ 14.297″ N2° 11′ 36.820″ E1753° 49′ 58.584″ N1° 59′ 54.762″ E1853° 49′ 58.944″ N1° 58′ 59.804″ E1953° 50′ 5.118″ N1° 38′ 58.430″ E2053° 55′ 9.293″ N1° 39′ 52.024″ E2153° 56′ 3.228″ N1° 41′ 0.143″ E2253° 56′ 29.670″ N1° 43′ 45.592″ E2353° 58′ 17.828″ N1° 41′ 46.795″ EWork No. 5 — in the event that the mode of transmission is HVAC, an offshore reactive compensation substation fixed to the seabed at latitude point 53° 37′ 39.284” N and longitude point 0° 56′ 9.841” E subject to deviation within the limits of deviation specified in Table 5.Table 5: Limits of deviation for Work No. 5PointLatitudeLongitude153° 37′ 47.368″ N0° 56′ 9.446″ E253° 37′ 47.217″ N0° 56′ 12.482″ E353° 37′ 46.669″ N0° 56′ 15.386″ E453° 37′ 45.750″ N0° 56′ 18.012″ E553° 37′ 44.507″ N0° 56′ 20.228″ E653° 37′ 43.002″ N0° 56′ 21.923″ E753° 37′ 41.311″ N0° 56′ 23.012″ E853° 37′ 39.518″ N0° 56′ 23.440″ E953° 37′ 37.713″ N0° 56′ 23.187″ E1053° 37′ 35.987″ N0° 56′ 22.264″ E1153° 37′ 34.426″ N0° 56′ 20.719″ E1253° 37′ 33.109″ N0° 56′ 18.628″ E1353° 37′ 32.101″ N0° 56′ 16.096″ E1453° 37′ 31.454″ N0° 56′ 13.251″ E1553° 37′ 31.199″ N0° 56′ 10.235″ E1653° 37′ 31.349″ N0° 56′ 7.199″ E1753° 37′ 31.898″ N0° 56′ 4.295″ E1853° 37′ 32.816″ N0° 56′ 1.670″ E1953° 37′ 34.059″ N0° 55′ 59.454″ E2053° 37′ 35.564″ N0° 55′ 57.759″ E2153° 37′ 37.255″ N0° 55′ 56.669″ E2253° 37′ 39.048″ N0° 55′ 56.240″ E2353° 37′ 40.853″ N0° 55′ 56.493″ E2453° 37′ 42.579″ N0° 55′ 57.416″ E2553° 37′ 44.140″ N0° 55′ 58.961″ E2653° 37′ 45.458″ N0° 56′ 1.052″ E2753° 37′ 46.465″ N0° 56′ 3.584″ E2853° 37′ 47.113″ N0° 56′ 6.429″ EWork No. 6 —a marine connection to the shore, including cable and pipeline crossing works which—if the mode of transmission is HVAC, consists of up to four subsea electrical circuits proceeding from the offshore HVAC collector substations in Wind Farm Areas 1, 2 and 3 via and connecting with the offshore reactive compensation substation comprised in Work No. 5; orif the mode of transmission is HVDC, consists of two subsea electrical circuits proceeding from the offshore HVDC converter station or stations within Wind Farm Areas 1, 2 and 3,and in either case terminates at the commencement of Work No. 7.The limits of deviation for Work No. 6 are those specified in the offshore works plans, with the principal co-ordinates for the marine export cable area identified in Table 6.Table 6: Limits of deviation for the marine export cable areaPointLatitudeLongitude153° 58′ 42.179″ N1° 44′ 31.880″ E253° 55′ 46.445″ N1° 47′ 47.796″ E353° 56′ 22.870″ N1° 51′ 57.409″ E453° 55′ 31.318″ N1° 52′ 54.282″ E553° 55′ 37.592″ N1° 53′ 38.108″ E653° 55′ 23.329″ N1° 55′ 20.262″ E753° 55′ 8.162″ N1° 56′ 10.619″ E853° 55′ 35.429″ N1° 59′ 20.944″ E953° 55′ 2.525″ N1° 59′ 45.776″ E1053° 55′ 22.663″ N2° 2′ 14.219″ E1153° 56′ 16.303″ N2° 1′ 15.269″ E1253° 56′ 46.586″ N2° 5′ 4.031″ E1353° 57′ 12.481″ N2° 4′ 32.376″ E1453° 57′ 24.509″ N2° 6′ 6.700″ E1553° 50′ 10.018″ N2° 13′ 57.158″ E1653° 49′ 14.297″ N2° 11′ 36.820″ E1853° 48′ 24.484″ N2° 10′ 40.243″ E1953° 48′ 17.722″ N2° 7′ 38.708″ E2253° 48′ 51.983″ N2° 0′ 20.504″ E2453° 48′ 48.527″ N1° 56′ 7.168″ E2753° 48′ 10.932″ N1° 53′ 5.208″ E3053° 47′ 39.535″ N1° 46′ 16.691″ E3353° 46′ 9.387″ N1° 38′ 58.729″ E3753° 46′ 4.677″ N1° 37′ 22.711″ E3953° 44′ 47.813″ N1° 28′ 38.495″ E4453° 44′ 47.743″ N1° 27′ 26.607″ E4653° 44′ 36.477″ N1° 25′ 23.743″ E15353° 42′ 30.629″ N1° 15′ 58.654″ E16453° 42′ 28.182″ N1° 14′ 34.895″ E27653° 39′ 35.134″ N1° 6′ 29.785″ E32853° 38′ 17.582″ N1° 2′ 16.928″ E45953° 36′ 54.624″ N0° 51′ 31.062″ E46153° 36′ 15.738″ N0° 48′ 52.425″ E52553° 35′ 21.166″ N0° 43′ 44.242″ E52753° 31′ 50.425″ N0° 40′ 55.898″ E52853° 31′ 38.281″ N0° 40′ 8.340″ E53353° 28′ 36.676″ N0° 20′ 3.846″ E54453° 31′ 43.122″ N0° 12′ 21.707″ E54553° 30′ 57.432″ N0° 5′ 59.890″ E54653° 30′ 35.438″ N0° 5′ 23.202″ E54753° 30′ 42.212″ N0° 5′ 9.948″ E54953° 31′ 36.033″ N0° 6′ 10.831″ E58853° 32′ 16.976″ N0° 12′ 37.072″ E77153° 29′ 11.523″ N0° 20′ 5.981″ E100953° 31′ 28.589″ N0° 35′ 44.348″ E101053° 32′ 0.855″ N0° 37′ 42.781″ E101153° 32′ 17.793″ N0° 39′ 31.883″ E101253° 32′ 35.749″ N0° 39′ 45.737″ E101353° 33′ 8.117″ N0° 39′ 47.665″ E101453° 34′ 28.861″ N0° 41′ 27.396″ E101553° 35′ 42.522″ N0° 42′ 37.802″ E101853° 36′ 25.571″ N0° 43′ 54.129″ E108953° 37′ 2.569″ N0° 47′ 31.846″ E109153° 37′ 30.986″ N0° 49′ 14.023″ E109453° 37′ 29.991″ N0° 51′ 27.606″ E109553° 37′ 36.904″ N0° 52′ 22.841″ E111953° 38′ 45.654″ N0° 57′ 1.237″ E115153° 39′ 16.652″ N1° 1′ 1.016″ E115753° 39′ 42.566″ N1° 1′ 40.167″ E116353° 41′ 20.037″ N1° 6′ 45.836″ E116553° 42′ 59.843″ N1° 14′ 18.127″ E117253° 43′ 0.151″ N1° 15′ 37.960″ E117353° 45′ 6.659″ N1° 25′ 3.239″ E117453° 45′ 19.169″ N1° 27′ 18.352″ E118953° 45′ 20.249″ N1° 28′ 32.601″ E125653° 46′ 36.946″ N1° 36′ 57.722″ E127053° 46′ 40.338″ N1° 38′ 22.735″ E127253° 50′ 5.118″ N1° 38′ 58.430″ E127353° 55′ 9.293″ N1° 39′ 52.024″ E127453° 56′ 3.228″ N1° 41′ 0.143″ E127553° 56′ 29.670″ N1° 43′ 45.592″ E127653° 58′ 17.828″ N1° 41′ 46.795″ EWork No. 7 — a foreshore connection consisting of an extension of the electrical circuits comprised in Work No. 6, including cable crossing works, crossing under the existing sea wall using the horizontal directional drilling method and terminating at the electrical circuit transition joint bays (Work No. 8).

Onshore worksWork No. 8 — up to four underground electrical circuit transition joint bays in the vicinity of Horseshoe Point in the parish of North Coates in the county of Lincolnshire, housing the connections between the offshore and the onshore electrical circuits.Work No. 9 — a connection consisting of two underground transmission electrical circuits if the mode of transmission is HVDC and up to four underground transmission electrical circuits if the mode of transmission is HVAC. The connection proceeds—from Work No. 8 at co-ordinate: Easting 537791, Northing 402441; toWork No. 10 at co-ordinate: Easting 514992, Northing 419274.Work No. 10 — an electrical transmission station including a building abutting an open yard (which may be partitioned with concrete or steel walls or fences containing switchgear, electrical reactors and other electrical equipment) on land adjoining the North Killingholme National Grid substation. If the electrical circuits comprised in Works Nos. 6, 7 and 9 are HVDC, the electrical transmission station will include facilities to convert the current to HVAC.Work No. 11 — a connection consisting of up to two underground electrical circuits between Work No. 10 and the North Killingholme National Grid substation, including a connection above ground and electrical engineering works within the National Grid substation buildings and compound.Work No. 12 — improvements to the verge, highway and private access road running north from Chase Hill Road between the junction with Haven Road in the east and Eastfield Road in the west.

6

The associated development includes such further development as may be necessary or expedient in connection with each of the scheduled works within Order limits which are within the scope of the environmental impact assessment recorded in the Environmental Statement including—

(a) scour protection around the foundations of the offshore structures;

(b) cable protection measures such as rock placement and the placement of concrete mattresses and frond mattresses;

(d) dredging;

(e) works to alter the position of apparatus, including mains, sewers, drains and cables;

(f) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(g) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised project;

(h) works for the benefit or protection of land affected by the authorised project;

(i) working sites in connection with the construction of the authorised project;

(j) works to secure means of access;

(k) works to construct surface water drainage systems;

(l) in connection with Work No. 10, private roads and hardstanding for parking;

(m) jointing pits (including link and/or earthing boxes) in the immediate vicinity of Work No. 9;

(n) a temporary haul road and temporary access track, both alongside and used for the purpose of constructing Work No. 9;

(o) works to enable utility services to be run from Chase Hill Road to Work No. 10; and

(p) such other works and apparatus, plant and machinery of whatever nature as may be necessary or expedient for the purposes of or in connection with the construction of the authorised project.

1

The authorised development shall commence no later than the expiration of five years beginning with the date this Order comes into force.

2

(1) All wind turbine generators forming part of Works Nos. 1, 2 and 3 must not—

(a) be less than 82 metres to the turbine hub when measured from MHWS;

(b) exceed a height of 200 metres from MHWS to the upper tip of the vertical blade;

(d) be less than 22 metres from MHWS to the lowest point of the rotating blade;

(e) be less than 924 metres from the nearest wind turbine generator in all directions.

(2) Each offshore HVAC collector substation forming part of Work No. 4 must not—

(a) exceed 60 metres in height above MHWS;

(b) have a platform which at its greatest extent exceeds 2,400 m² or 40 metres in width.

(3) Each offshore HVDC converter station forming part of Work No. 4 must not—

(a) exceed 63 metres in height above MHWS;

(b) have a platform which at its greatest extent exceeds 7,200 m² or 120 metres in width.

(4) Each offshore accommodation platform forming part of Works Nos. 1, 2, and 3 must not—

(a) exceed 60 metres in height above MHWS;

(b) have a platform which at its greatest extent exceeds, 3,600 m² or 60 metres in width.

(5) The offshore reactive compensation substation comprised in Work No. 5 must not—

(a) exceed 63 metres in height above MHWS; or

(b) have a platform which at its greatest extent exceeds 2,500 m² or 50 metres in width.

(6) The diameter of the electrical cables comprising the electrical circuits must not exceed the following limitations—

(a) within Works Nos. 1, 2 and 3, 170 mm;

(b) within Work No. 4, 300 mm;

(c) within Work Nos. 6 and 7, 200 mm where the mode of transmission is HVDC and 300 mm where the mode of transmission is HVAC.

(7) The combined length of the inter-array electrical circuits comprised in Works Nos. 1, 2 and 3 must not exceed 450 km.

(8) The total length of the electrical circuits comprised in Work No. 4 must not exceed 80 km.

(9) The combined total area of cable protection for the electrical circuits comprising Works Nos. 1, 2 and 3 must not exceed 450,000 m².

(10) The total area of cable protection for the electrical circuits comprising Work No. 4 must not exceed 80,000 m².

(11) The total area of cable protection for the electrical circuits comprising Work No. 6 located outwith the Humber Estuary Special Area of Conservation must not exceed 1,468,000 m².

(12) The total area of cable protection for the electrical circuits comprising Work No. 6 located within the Humber Estuary Special Area of Conservation must not exceed 12,800 m².

(13) The combined total length of the electrical circuits comprised in Works Nos. 6 and 7 seaward of MHWS must not exceed 600 km.

(14) The combined total volume of cable protection for the electrical circuits comprising Works Nos. 1, 2 and 3 must not exceed 562,500 m³.

(15) The total volume of cable protection for the electrical circuits comprising Work No. 4 must not exceed 100,000 m³.

(16) The total volume of cable protection for the electrical circuits comprising Work No. 6 located outwith the Humber Estuary Special Area of Conservation must not exceed 1,835,000 m³.

(17) The total volume of cable protection for the electrical circuits comprising Work No. 6 located within the Humber Estuary Special Area of Conservation must not exceed 16,000 m³.

(18) The electrical circuits comprised in Works Nos. 1, 2, 3, 4 and 6 must be installed by use of, or a combination of, ploughing, trenching, jetting, rock-cutting, dredging, surface laying with post lay burial, and where ground conditions make burial impracticable, by surface laying.

(19) The electrical circuits comprised in Work No. 7 must be installed by use of, or a combination of, ploughing, trenching and jetting.

(20) The total area in which the four underground transition pits comprised in Work No. 8 may be contained must not exceed 1,000 m² and none of the four transition pits within that area must individually exceed 25 m by 10 m.

(21) The diameter of the cables within Works Nos. 9 and 11 must not exceed 300 mm in diameter.

(22) The main building comprised in Work No. 10 (the electrical transmission station) must not—

(a) exceed 24 metres in height;

(b) exceed 80 metres in width;

(23) The site of Work No. 10 must not cover more than 32,200 m² in area, excluding any area of land required for landscaping and mitigation.

(24) References to the location of a wind turbine generator are references to the centre point of the turbine.

3

Except as otherwise required by Trinity House under Condition 7 of the deemed marine licences set out in Schedules 8 to 11, the undertaker must exhibit such lights, with such shape, colour and character as required by Air Navigation Order 2009[^f00028] or as directed by the Civil Aviation Authority or the Secretary of State for Defence.

4

(1) The undertaker must in fixing to the seabed any structures comprised in Works Nos. 1, 2, 3, 4 and 5 use one of the following methods—

(a) monopile foundations;

(b) jacket foundations supported by piles; or

(2) The undertaker must not use the monopile foundation method or any other method which includes braced monopiles to fix to the seabed any offshore HVDC converter station.

(3) The following parameters apply in respect of the foundation methods used to fix wind turbine generators to the seabed—

(a) where monopile foundations are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii) the diameter of each foundation must not exceed 8.5 metres;

(b) where jacket foundations (driven/drilled piles) are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 707 m² per wind turbine;

(ii) the number of piles per jacket must not exceed four;

(iii) the diameter of each pile must not exceed three metres;

(i) the area occupied by the foundations and scour protection for each individual structure must not exceed 6,362 m²;

(ii) the number of piles per jacket must not exceed four;

(iii) the diameter of each pile must not exceed 15 metres;

(d) where gravity base foundations are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii) the seabed levelling diameter must not exceed 70 metres;

(iii) the cone diameter must not exceed 50 metres at its base.

(4) The following parameters apply in respect of the foundation methods used to fix offshore accommodation platforms to the seabed—

(a) where monopile foundations are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii) the diameter of each foundation must not exceed 8.5 metres;

(b) where jacket foundations (driven/drilled piles) are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,414 m²;

(ii) the number of piles must not exceed eight;

(iii) the diameter of each pile must not exceed three metres;

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii) the number of piles per jacket must not exceed eight;

(iii) the diameter of each pile must not exceed 15 metres;

(d) where gravity base foundations are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii) the seabed levelling diameter must not exceed 70 metres;

(iii) the cone diameter must not exceed 50 metres at its base.

(5) The following parameters apply in respect of the foundation methods used to fix offshore HVAC collector substations to the seabed—

(a) where monopile foundations are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii) the diameter of each foundation must not exceed 8.5 metres;

(b) where jacket foundations (driven/drilled piles) are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,924 m²;

(ii) the number of piles per jacket must not exceed eight;

(iii) the diameter of each pile must not exceed 3.5 metres;

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 12,723 m²;

(ii) the number of piles per jacket must not exceed eight;

(iii) the diameter of each pile must not exceed 15 metres;

(d) where gravity base foundations are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii) the seabed levelling diameter must not exceed 70 metres;

(iii) the cone diameter must not exceed 50 metres at its base.

(6) The following parameters apply in respect of the foundation methods used to fix offshore HVDC converter stations to the seabed—

(a) where jacket foundations (driven/drilled piles) are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 4,330 m²;

(ii) the number of piles per jacket must not exceed 18;

(iii) the diameter of each pile must not exceed 3.5 metres;

(b) where jacket foundations (suction piles) are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 12,723 m²;

(ii) the number of piles per jacket must not exceed eight;

(iii) the diameter of each pile must not exceed 15 metres;

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 19,500 m²;

(ii) the number of pontoons for each individual structure must not exceed two;

(iii) the pontoons must not exceed 110 metres in length or 35 metres in width.

(7) The following parameters apply in respect of the foundation methods used to fix the offshore reactive compensation substation to the seabed—

(a) where monopile foundations are used—

(i) the area occupied by the foundations and the scour protection must not exceed 1,419 m²;

(ii) the diameter of each foundation must not exceed 8.5 metres;

(b) where jacket foundations (driven/drilled piles) are used—

(i) the area occupied by the foundations and the scour protection must not exceed 1,414 m²;

(ii) the number of piles per jacket must not exceed eight;

(iii) the diameter of each pile must not exceed three metres;

(i) the area occupied by the foundations and the scour protection must not exceed 6,362 m²;

(ii) the number of piles per jacket must not exceed eight;

(iii) the diameter of each pile must not exceed 15 metres;

(d) where gravity base foundations are used—

(i) the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii) the seabed levelling diameter must not exceed 70 metres;

(iii) the cone diameter must not exceed 50 metres at its base.

(8) The combined total volume of scour protection for the wind turbine generators and the offshore accommodation platforms forming part of the authorised development must not exceed 3,226,187 m³.

5

(1) No part of the authorised development above MLWS is to commence within the area of a local planning authority until a written scheme for the investigation of areas of archaeological interest above MLWS has been submitted to and approved by the local planning authority.

(2) The scheme must identify areas where field work and/or a watching brief are required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

(3) Any archaeological works or watching brief carried out under the approved scheme must be by a suitably qualified person or body approved by the local planning authority.

(4) Any archaeological works or watching brief must be carried out in accordance with the approved scheme.

6

(1) No part of the authorised development above MLWS is to commence within the area of a local planning authority until a written ecological management plan relating to the land above MLWS based on the draft ecological management plan contained in volume 6 of the Environmental Statement and reflecting the survey results and ecological mitigation measures included in the Environmental Statement has been submitted to and approved by the local planning authority in consultation with Natural England, the Environment Agency, and to the extent that the plan relates to the intertidal area, the MMO.

(2) The ecological management plan must include an implementation timetable and must be carried out as approved.

(3) The ecological management plan must be submitted for approval at least four months prior to the intended start of construction unless otherwise agreed in writing by the local planning authority in consultation with Natural England.

7

(1) No part of the authorised development above MLWS is to commence within the area of a local planning authority until a code of construction practice relating to the works authorised above MLWS based on the draft code of construction practice contained in volume 4 of the Environmental Statement has been submitted to and approved by the local planning authority such approval to be provided in the case of any construction traffic management plan submitted pursuant to sub-paragraph (e), and any travel plan submitted pursuant to sub-paragraph (l) in consultation with the relevant highway authority and the Highways Agency. The code of construction practice must include—

(a) an external lighting scheme for the construction phase;

(b) construction noise and vibration monitoring and management measures;

(d) a site waste management plan detailing sustainable site waste management measures;

(e) a construction traffic management plan;

(f) measures to prevent and control spillage of oil, chemicals and other potentially harmful liquids;

(g) details of the storage of materials during construction;

(h) measures for the protection of surface and ground water during construction;

(i) a communication plan;

(j) a Health and Safety Plan including details of how health and safety risks are identified and managed during construction;

(k) details of screening and fencing to be installed during construction;

(l) a travel plan for the construction workforce to include details of—

(i) expected means of travel to and from the construction sites;

(ii) numbers of construction staff, working hours and modal split;

(iii) details of the number of car parking spaces to be provided on sites and if appropriate a car park management plan;

(iv) specification of measures to encourage sustainable travel to and from the construction site for construction staff;

(v) responsibility and timescales for implementing proposed measures;

(vi) targets for vehicle trips and modal splits;

(vii) formal monitoring regime for those targets; and

(viii) details of mess/canteen facilities for staff.

(2) All construction works must be undertaken in accordance with the approved code.

8

(1) No part of the authorised development above MLWS is to commence within the area of a local planning authority until a written landscape scheme has been submitted to and approved by the local planning authority.

(2) The written landscape scheme must include the provisions of the draft landscape scheme and management plan contained in Annex 6.4.16: Landscape Scheme and Management Plan of the Environmental Statement, subject to any variation approved by the local planning authority, and, in addition details of—

(a) cultivation, importing of materials and other operations to ensure plant establishment;

(b) proposed finished ground levels;

(d) minor structures, refuse or other storage units, signs and lighting.

9

(1) The landscape works must be carried out in accordance with the relevant scheme approved under requirement 8.

(2) Any tree or shrub planted as part of an approved landscape scheme that within a period of five years after planting, is removed, dies or becomes, in the opinion of the local planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless alternative timing or a different specimen is otherwise approved by the local planning authority.

10

No part of the authorised development below the mean low water mark is to commence until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) of the 2004 Act has been submitted to the Secretary of State for approval in relation to that part.

11

(1) No permanent or temporary means of access to a highway to be used by vehicular traffic or any alteration to an existing means of access to a highway used by vehicular traffic is to commence until written details of the design and layout of such works have been submitted to and approved by the local planning authority in consultation with the relevant highway authority.

(2) The highway accesses must be constructed in accordance with the approved details.

12

(1) No part of the authorised development within the area of a local planning authority is to commence until a written scheme to deal with the contamination of any land, including groundwater within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to, and approved by, the local planning authority in consultation with the Environment Agency and, to the extent that the plan relates to the intertidal area, the MMO.

(2) The scheme must include an investigation and assessment report, prepared by a specialist consultant approved by the local planning authority, to identify the extent of any contamination and the remedial measures to be taken for that stage to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site.

(3) No remedial work constituting a material operation in respect of contamination of any land, including groundwater within the Order limits is to be carried out until the scheme has been approved.

(4) In carrying out the works for the authorised development, the undertaker must not conduct horizontal directional drilling operations unless the scheme includes a hydrogeological risk assessment demonstrating that such operations are unlikely to cause an unacceptable risk to groundwater quality.

(5) Remediation must be carried out in accordance with the approved scheme.

13

(1) No part of the electrical transmission station is to commence until a detailed surface water drainage scheme based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the electrical transmission station have been submitted to and approved in writing by the local planning authority, in consultation with the Environment Agency and the drainage board within the meaning of section 25 of the Land Drainage Act 1991.

(2) Construction of the electrical transmission station must be carried out in accordance with the scheme.

14

(1) Unless otherwise agreed by the local planning authority, the electrical transmission station comprised in Work No. 10 must be coloured using one or more of the following colours—

Bluebell (RAL Code 270 50 30)

Lilac (RAL Code 270 60 25)

Chalk Blue (RAL Code 270 70 20)

Baltic Blue (RAL Code 270 80 15)

White Lilac (RAL Code 270 85 10)

Blue White (RAL Code 270 90 05)

(2) Notwithstanding sub-paragraph (1), construction of Work No. 10 must not commence until details of the layout, scale and external appearance of that work have been submitted to and approved by the relevant planning authority.

(3) The construction of Work No. 10 must be carried out in accordance with the approved details.

15

(1) The undertaker must not use the access road along the crest of the sea defences within the plots numbered 37 - 40 on the land plans during the construction of Work Nos. 6 to 8.

(2) Except in an emergency, the access road along the sea defences within the plots numbered 37 – 40 on the land plans may not be used by the undertaker following the construction of Work Nos. 6 to 8 until a scheme for the protection of the sea defences from use of the access road by the undertaker during the operation and maintenance of the authorised project has been submitted to and approved in writing by the Environment Agency.

(3) If the Environment Agency fails to notify the undertaker of its decision on whether to give approval within 28 days of receiving the scheme for approval the Environment Agency is deemed to have given approval.

(4) The use of the access road must be in accordance with the approved scheme.

16

(1) No part of the authorised development below MLWS (excluding ducting and related works which are an integral part of works landward of MLWS) is to commence until a traffic management plan for the onshore port-related traffic to and from the selected base port or ports for construction, operation or both of the relevant part of the authorised development, and relating to the relevant part of the authorised development, has been submitted to and approved in writing by the relevant planning authority in consultation with the relevant highway authority, or the relevant planning authority has confirmed in writing, after consultation with the relevant highway authority, that no traffic management plan is required.

(2) All traffic management plans must be implemented as approved at all times specified within the relevant traffic management plan during the construction, operation or both of the authorised development.

(3) For the purposes of this requirement—

“relevant highway authority” means the highway authority or authorities in whose area the relevant port is located;

“relevant planning authority” means the local planning authority or authorities in whose area the relevant port is located;

“selected base port” or “ports” means a port or ports situated in England or Wales and used by management personnel for construction of the authorised project or for the ongoing operational management of the authorised project.

17

(1) Prior to the submission of the pre-construction plans and documentation required to be submitted to the MMO for approval under Condition 13 of each of the deemed marine licences set out in Schedules 8 to 11 the undertaker who is the licence-holder under the relevant licence must provide a copy of the plans and documentation to the other undertakers.

(2) The other undertakers must provide any comments on the plans and documentation to the licence-holder within 14 days of receipt of the plans and documentation.

(3) The licence-holder shall participate in liaison meetings with other undertakers as requested from time to time by the MMO in writing in advance, which meetings shall be chaired by the MMO and shall consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence where it has an impact on the efficient operation of any other deemed marine licence issued under this Order (including as varied or transferred).

18

The combined noise rating level from the electrical transmission station, converter and associated plant, emitted during normal operation, shall not exceed 35 dB LAr,Tr at any residential property. The definition of rating level shall be as described in BS 4142:1997. The noise limit only applies to residential properties that have planning permission on 30th July 2013.

19

(1) No part of the authorised development is to commence until an employment and skills plan has been submitted to and approved by North Lincolnshire Council in consultation with the Humber Local Enterprise Partnership.

(2) The plan must include—

(a) proposals for the provision of information to the Humber Local Enterprise Partnership on the employment and supply chain opportunities associated with the construction, operation and maintenance of the authorised development including details of the core qualifications and skillsets required to access those opportunities;

(b) proposals for local advertising of employment and supply chain opportunities during the construction of the authorised development;

(c) proposals for the undertaker to provide outreach employment presentations during the period of construction of the authorised development at appropriate times and locations; and

(d) proposals for local advertising of employment and supply chain opportunities during the operation of the authorised development.

(3) The approved employment and skills plan must be implemented and maintained during the construction and operation of the authorised development.

(4) For the purposes of this requirement, “Humber Local Enterprise Partnership” means the local enterprise partnership established in June 2011 with the objective of promoting and developing the natural economic area surrounding the Humber estuary and in the event that this local enterprise partnership is no longer in existence means the local planning authority.

20

No part of the authorised development is to commence within half a mile of the perimeter of the North Coates airfield until a plan to secure its safe operation during the construction and operation of the authorised project has been submitted to and approved by the Secretary of State following consultation by the Secretary of State with the operator of North Coates airfield and the Civil Aviation Authority.

21

Where under any of the requirements the approval or agreement of the Secretary of State, the local planning authority or another person or body is required, that approval or agreement must be given in writing.

22

(1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details of a plan, scheme or code approved by the local planning authority or any other person or body, the approved details, or plan, scheme or code are to be taken to include any amendments that may subsequently be approved in writing by the local planning authority or that other person or body.

(2) Where such details, plan, scheme or code are required to be approved in consultation with another body, any amendments of that document must also be approved in consultation with that body.

(3) 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 the relevant planning authority 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.

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

(1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973[^f00029] has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a) for the words “land is acquired or taken” there are substituted the words “a right over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable”.

(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

(a) for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over land consisting”;

(b) for the word “severance” there are substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”;

(d) for the words “part is” there are substituted the words “right is”.

1

(1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired; or

(b) the land over which the right is or is to be exercisable.

(2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

2

For section 7 of the 1965 Act (measure of compensation) there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is to be imposed is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

3

For section 8 of the 1965 Act (provisions as to divided land) there is substituted the following section—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, the Hornsea One Offshore Wind Farm Order 2014 (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is instead deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) is to be determined by the tribunal. (3) Where the Order is deemed by virtue of subsection (1) to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

4

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land);

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or which is to be imposed is vested absolutely in the acquiring authority.

5

Section 11 of the 1965 Act (powers of entry) is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in equivalent circumstances and subject to equivalent conditions to those provided for in that section, to enter for the purpose of exercising that right; and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

6

Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

7

Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

1

(1) In this licence—

“the 2008 Act” means the Planning Act 2008;

“the 2009 Act” means the Marine and Coastal Access Act 2009;

“ancillary vessel” means any vessel other than a construction vessel or a survey vessel;

“ancillary works” means the ancillary works described in paragraph 2 of this Part of this licence which are not development within the meaning of section 32 of the 2008 Act;

“Annex I Habitat” means such habitat as defined under the EU Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora[^f00030];

“authorised deposits” means the substances and articles specified in paragraph 2(3) of Part 1 of this licence;

“authorised development” means the development described in Part 1 of Schedule 1 of the Order, which is development within the meaning of section 32 of the 2008 Act;

“authorised project” means the authorised development and the ancillary works authorised by the Order;

“authorised scheme” means Work No. 1 described in paragraph 2 of this Part of this licence;

“commence” means the first carrying out of any part of the licensed activities, save for pre-construction surveys and monitoring, and “commencement” shall be construed accordingly;

“construction vessel” means any vessel involved in the course of or used for the construction and/or maintenance of the authorised project;

“debris” means items or equipment of a significant size left on the seabed being lost from survey or construction vessels;

“electrical circuit” means a number of electrical conductors necessary to transmit electricity between two points within the authorised project; this comprises, in the case of HVAC transmission, three conductors which may be bundled as one cable, and, in the case of HVDC transmission two conductors, which may be attached together or take the form of single cables: the circuit may include one or more auxiliary cables (normally fibre optic cables) for the purpose of control, monitoring, protection or general communications;

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

“the Environmental Statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;

“gravity base foundation” means either—a structure principally of concrete and/or steel which rests on the seabed due either to its own weight and that of added ballast or to the weight of water above it, and may include associated equipment including suction piles, J-tubes and access platforms; ora structure principally of concrete and/or steel consisting of a platform supported on two pontoons to which the platform is connected by columns which may be connected by braces;

“HVAC” means high voltage alternating current;

“HVDC” means high voltage direct current;

“inter-array electrical circuits” means the circuits described in paragraph 2(2)(b) of Part 1 of this licence;

“jacket foundation” means a lattice construction comprising tubular members and joints which are fixed to the seabed with piles (either driven/drilled piles or suction piles) and which will include platforms and J-tubes and may include braced monopiles and a transition piece;

“the Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO;

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

“the licence conditions” means the conditions set out in Part 2 of this licence;

“licence-holder” means Heron Wind Limited;

“maintain” includes, to the extent assessed in the environmental statement—inspect, repair, adjust and alter; andin respect of any of the ancillary works and any component part of any wind turbine generator, offshore accommodation platform, offshore HVAC collector substation, offshore HVDC converter station or offshore reactive compensation substation described in Part 1 of Schedule 1 (authorised development) of the Order also includes remove, reconstruct and replace,but does not include the alteration, removal or replacement of foundations; and “maintenance” shall be construed accordingly;

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

“the Maritime and Coastguard Agency” or “MCA” means the executive agency of the Department for Transport or any successor to its statutory functions;

“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 lowest level which spring tides reach on average over a period of time;

“monopile foundation” comprises a large diameter steel or concrete tube or pile driven vertically into the seabed, J-tubes and platforms and may include external structural devices such as bracing members or steel anchor wires and a transition piece;

“Natural England” means the body established by section 1 of the Natural Environment and Rural Communities Act 2006 or any successor to its statutory functions;

“Notice to Mariners” includes any Notice to Mariners which may be issued by Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;

“offshore accommodation platform” means a platform housing or incorporating temporary accommodation, landing ports for vessels and/or helicopters, standby electricity generation equipment, marking and lighting and other equipment facilities to assist in the co-ordination of marine activities related to the authorised scheme;

“offshore HVAC collector substation” means a structure serving as a collection point for the inter-array electrical circuits and containing equipment with the purpose of transforming the electricity generated at the wind turbines to a higher voltage; it may also include a helicopter platform;

“offshore HVDC converter station” means a structure which contains equipment to convert HVAC electricity to HVDC electricity; it may also include a helicopter platform;

“the offshore works plans” means the part of the works plans described as the offshore works plans;

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

“the Order” means the Hornsea One Offshore Wind Farm Order 2014;

“the project description” means the document certified as the project description by the Secretary of State for the purposes of the Order and submitted with the application on 30th July 2013 (Chapter Three, Volume One of the Environmental Statement);

“suction pile” means a large diameter steel cylinder which is fixed to the base of the foundation and partially penetrates the seabed and remains in place using its weight and hydrostatic pressure differential;

“survey vessels” means the vessels licensed to carry out environmental or engineering surveys;

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

“the UK Hydrographic Office” means the Hydrographic Office of the Ministry of Defence, Taunton, Somerset TA1 2DN or any replacement body or successor to its functions;

“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 and including ancillary vessels and construction vessels;

“VHF” means very high frequency;

“Wind Farm Area 1” means the area within the limits of deviation for Work No. 1 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

“Wind Farm Area 2” means the area within the limits of deviation for Work No. 2 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

“Wind Farm Area 3” means the area within the limits of deviation for Work No. 3 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

“wind turbine generator” or “wind turbine” means a structure comprising any or all of a tower, rotor, blades, nacelle and ancillary electrical and other equipment or structures which may include lighting and a helicopter platform, fixed to a foundation;

“working day” means any day other than a Saturday, Sunday or public holiday in England and Wales;

“Work No. 1” means an offshore wind generating station within Wind Farm Area 1 and described as Work No. 1 in paragraph 2 of Part 1 of this licence;

“Work No. 2” means an offshore wind generating station within Wind Farm Area 2 and described as Work No. 2 in Part 1 of Schedule 1 of the Order;

“Work No. 3” means an offshore wind generating station within Wind Farm Area 3 and described as Work No. 3 in Part 1 of Schedule 1 of the Order;

“Work No. 4” means up to five offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to two offshore HVDC converter stations together with a network of electrical circuits connecting the structures within Work No. 4;

“the works plans” means the plans certified as the works plans by the Secretary of State for the purposes of the Order divided into three parts and described as the offshore works plans, the intertidal works plans and the onshore works plans.

(2) A reference to any statute, order, regulation or similar instrument shall be 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 shall be taken to be Greenwich Mean Time (GMT);

(b) all co-ordinates shall be taken to be latitude and longitude degrees, minutes and seconds to three decimal places in WGS84 Datum.

(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 shall be—

2

(1) This licence authorises the licence-holder (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities pursuant to section 66(1) of the 2009 Act, subject to the licence conditions—

(a) the deposit at sea of the substances and articles specified in sub-paragraph (3) below;

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

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

(e) the disposal at disposal site reference HU206 (Hornsea Project One Subzone 1) of—

(i) in the event that an offshore accommodation platform is constructed under this licence up to 434,004 m³ or, if no part of Work No.3 is constructed, up to 641,385 m³, of inert material of natural origin produced during construction drilling and seabed preparation for foundation works comprised in Work No. 1; or

(ii) in the event that no offshore accommodation platform is constructed under this licence up to 414,762 m³ or, if no part of Work No.3 is constructed, up to 622,143 m³, of inert material of natural origin produced during construction drilling and seabed preparation for foundation works comprised in Work No. 1; and

(f) the removal of the substances and articles specified in sub-paragraph (3) below.

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

3

This licence shall remain in force until the authorised scheme has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 of the Energy Act 2004, including any modification to the programme under section 108, and the completion of such programme has been confirmed by the Secretary of State in writing.

1

(1) All wind turbine generators forming part of Work No. 1 must not—

(a) be less than 82 metres to the turbine hub when measured from MHWS;

(b) exceed a height of 200 metres from MHWS to the upper tip of the vertical blade;

(d) be less than 22 metres from MHWS to the lowest point of the rotating blade; or

(e) be less than 924 metres from the nearest wind turbine generator in all directions.

(2) References to the location of a wind turbine generator are references to the centre point of the turbine.

2

Any offshore accommodation platform forming part of Work No. 1 must not—

(a) exceed 60 metres in height above MHWS;

(b) have a platform which at its greatest extent exceeds, 3,600 m² or 60 metres in width.

3

The diameter of the electrical circuits comprising the electrical circuits within Work No. 1 must not exceed 170 mm.

4

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