Legalize / United Kingdom / Statutory-Instrument

The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015

Type Statutory-Instrument

Publication 2015-08-04

Last updated 2020-08-12

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Project B onshore worksIn the Borough of Redcar and Cleveland—Work No. 3B – up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground between MLWS and MHWS connecting Work No. 2B with Work No. 4B;Work No. 4B – up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground between Work No. 3B at MHWS and Work No. 5B, including the construction of a haul road and construction access;Work No. 5B – landfall transition joint bays and trenchless installation drill launch pits together with associated landfill works, construction compound and up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electric communications laid underground, in ducts if necessary, connecting Work No. 4B with Work No. 6B, including the construction of a haul road and construction access;Work No. 6B – up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary, from Work No. 5B and running in a generally westerly direction for a distance of 7 kilometres to Work No. 7, including the construction of a haul road and construction access;Work No. 8B – up to 3 export cables for the transmission of HVAC electricity together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary from 1 of the electrical converter substations comprised in Work No. 7 and running in a westerly direction for a distance of 2 kilometres to the connection bay within the National Grid substation connection works comprised in Work No. 9, including the construction of a haul road and construction access.

Shared worksOffshoreWork No. 2T – a temporary work area for vessels to carry out intrusive activities during construction, including vessels requiring anchor spreads, alongside the cable corridors.OnshoreIn the Borough of Redcar and Cleveland—Work No. 7 – up to 2 electrical converter substations and compounds for converting HVDC electricity carried by Work Nos. 6A and 6B to HVAC electricity (including landscaping and the construction of a temporary haul road) and—up to 4 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary; andup to 6 export cables for the transmission of HVAC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 7L – a screening landform to the south west of Work No. 7;Work No. 8S – up to 6 export cables for the transmission of HVAC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary, from the electrical converter substation comprised in Work No. 7 and running in a westerly direction for a distance of 575 metres to Work Nos. 8A and 8B, including the construction of a haul road and construction access;Work No. 9 – National Grid substation connection works connecting Work Nos. 8A and 8B to the transmission network and comprising up to 6 export cables for the transmission of HVAC electricity together with fibre-optic cables for the transmission of electronic communications, including connection bays within the National Grid substation located above ground incorporating isolation switchgear, circuit bay equipment, overhead tubular connectors and switching and measuring equipment located above and below ground;Work No. 10A – access road from Coast Road (A1085) to provide construction and maintenance access from the public highway to the development site and—where shared with Work No. 6A, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;where shared with Work No. 6B, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 10B – access road from Redcar Road to provide construction and maintenance access from the public highway to the development site and—where shared with Work No. 6A, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;where shared with Work No. 6B, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 10C – access from the A174 to provide construction and maintenance access from the public highway to the development site and—where shared with Work No. 6A, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;where shared with Work No. 6B, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 10D – access road from the A174 to provide construction and maintenance access from the public highway to the development site andwhere shared with Work No. 6A, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;where shared with Work No. 6B, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 10E– access road from Grewgrass Lane to provide construction and maintenance access from the public highway to the development site andwhere shared with Work No. 6A, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;where shared with Work No. 6B, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 10F – access road from Fishponds Road (B1269) to provide construction and maintenance access from the public highway to the development site andwhere shared with Work No. 6A, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;where shared with Work No. 6B, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 10G – access road from Fishponds Road (B1269) to provide construction and maintenance access from the public highway to the development site and—where shared with Work No. 6A, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;where shared with Work No. 6B, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 10H – access road from the intersection of A174 and A1042 to provide construction and maintenance access from the public highway to the development site and—where shared with Work No. 6A, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;where shared with Work No. 6B, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 10I – access road to provide construction and maintenance access from the public highway to the development site and—where shared with Work No. 6A, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;where shared with Work No. 6B, up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 10J – access road to provide construction and maintenance access from the public highway to the development site and—where shared with Work No. 8A, up to 3 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;where shared with Work No. 8B, up to 3 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground, in ducts if necessary;Work No. 10K – access road from the public highway High Street (B1380) to provide construction and maintenance access from the public highway to the development site.In connection with Work Nos. 3A, 4A, 5A, 6A, 7, 7L, 8A, 8S, 9 and 10A to 10K, the undertaker is granted development consent for the further associated development shown on the plans referred to in Requirement 19, or approved pursuant to the Requirements, including—ramps, means of access and footpaths;bunds, embankments, swales, landscaping and boundary treatments;habitat creation;boreholes;jointing bays, manholes and other works associated with cable laying including trenchless installation works beneath watercourses roads and other obstructions;water supply works, foul drainage provision and surface water management systems and culverting;temporary structures to facilitate the crossing of watercourses including bailey bridges;construction lay down areas and compounds and their restoration;works to remove, reconstruct or alter the position of apparatus including mains, sewers, drains, cables and pipelines; andsuch other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project that fall within the scope of the works assessed by the environmental statement.In connection with Work Nos. 3B, 4B, 5B, 6B, 7, 7L, 8B, 8S, 9 and 10A to 10K, the undertaker is granted development consent for the further associated development shown on the plans referred to in Requirement 19, or approved pursuant to the Requirements, including—ramps, means of access and footpaths;bunds, embankments, swales, landscaping and boundary treatments;habitat creation;boreholes;jointing bays, manholes and other works associated with cable laying including trenchless installation works beneath watercourses roads and other obstructions;water supply works, foul drainage provision and surface water management systems and culverting;temporary structures to facilitate the crossing of watercourses including bailey bridges;construction lay down areas and compounds and their restoration;works to remove, reconstruct or alter the position of apparatus including mains, sewers, drains, cables and pipelines; andsuch other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project that fall within the scope of the works assessed by the environmental statement.

PART 2 — Ancillary works

In connection with the Project A offshore works and the Project B offshore works, works comprising—

(a) temporary landing places, moorings or other means of accommodating vessels in the construction or maintenance of the authorised development;

(b) temporary or permanent buoys, beacons, fenders and other navigational warning or ship impact protection works;

(d) cable protection, scour protection or dredging;

(e) cable route preparation works including boulder removal and obstruction clearance, dredging and pre-sweeping; and

(f) the removal, reconstruction or alteration of the position of subsea cables and pipelines,

provided that the ancillary works are limited to works within the scope assessed by the environmental statement.

PART 3 — Requirements

Interpretation

1

In this Part—

“HAT” (highest astronomical tide) means the highest tide that can be predicted to occur under average meteorological conditions;

“offshore works” means Work Nos. 1A, 1B, 2A, 2B, and 2T and any related associated development;

“onshore works” means Work Nos. 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7, 7L, 8A, 8B, 8S, 9 and 10A to 10K and any related associated development;

“stages” means each of the following stages of the onshore works which may be constructed in sequential order or otherwise—Stage 1 - Work Nos. 3A, 4A and 5A;Stage 2 - Work Nos. 3B, 4B and 5B;Stage 3 - Work Nos. 6A, 8A, 10A, 10B, 10C, 10D, 10E, 10F, 10G, 10H, 10I and 10K;Stage 4 - Work Nos. 6B, 8B, 10A, 10B, 10C, 10D, 10E, 10F, 10G, 10H, 10I and 10K;Stage 5 - Work Nos. 7, 7L, 10H and 10I;Stage 6 - Work Nos. 8S, 8A, 10H, 10I, 10J and 10K;Stage 7 - Work Nos. 8S, 8B, 10H, 10I, 10J and 10K;Stage 8 - Work Nos. 9, 10H, 10I, 10J and 10K.

Time limits

2

(1) Project A must be commenced on or before 25th August 2022.

(2) Project B must be commenced on or before 25th August 2022.

(3) The shared works must be commenced on or before 25th August 2022.

Detailed offshore design parameters

3

(1) Within Work No.1A, no wind turbine generator may—

(a) exceed a height of 315 metres when measured from HAT to the tip of the vertical blade;

(b) have a rotor diameter exceeding 280 metres;

(c) be less than a multiple of 6 times the rotor diameter from the nearest wind turbine generator in any direction being not less than 750 metres measured between wind turbine generators;

(d) have a distance of less than 26 metres between the lowest point of the rotating blade of the wind turbine generator and HAT.

(1A) Within Work No. 1B, no wind turbine generator may—

(a) exceed a height of 315 metres when measured from HAT to the tip of the vertical blade;

(b) have a rotor diameter exceeding 288 metres;

(c) be less than a multiple of 6 times the rotor diameter from the nearest wind turbine generator in any direction being not less than 750 metres measured between wind turbine generators;

(d) have a distance of less than 26 metres between the lowest point of the rotating blade of the wind turbine generator and HAT.

(2) The total rotor-swept area within Work No. 1A must not exceed 4.35 square kilometres.

(3) The total rotor-swept area within Work No. 1B must not exceed 4.35 square kilometres.

(4) References to the location of a wind turbine generator are references to the centroid point at the base of the wind turbine generator.

4

(1) No meteorological station lattice tower may exceed a height of 315 metres above HAT.

(2) Meteorological mast foundation structures must be of 1 or more of the following foundation options: monopole, multi-leg, gravity base or floating structure secured by chain and anchor.

(3) No meteorological mast foundation structure employing a footing of driven piles may—

(a) have more than 4 driven piles;

(b) in the case of single-pile structures, have a pile diameter exceeding 10 metres or employ a hammer energy during installation exceeding 2,300 kilojoules;

(c) in the case of structures with 2 or more piles, have a pile diameter exceeding 3.5 metres or employ a hammer energy during installation exceeding 1,900 kilojoules.

(4) No meteorological mast foundation may have—

(a) a seabed footprint (excluding subsea scour protection) exceeding 1,735 square metres;

(b) a seabed footprint (including subsea scour protection) exceeding 4,657 square metres;

5

(1) The total number of offshore platforms within Work No. 1A must not exceed 7, comprising—

(a) up to 4 offshore collector platforms;

(b) 1 offshore converter platform; and

provided that any of the platforms referred to in paragraphs (a) to (c) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations.

(2) The total number of offshore platforms within Work No. 1B must not exceed 7, comprising—

(a) up to 4 offshore collector platforms;

(b) 1 offshore converter platform; and

provided that any of the platforms referred to in paragraphs (a) to (c) may be co-joined to create a combined platform fixed to the seabed by monopole, multi-leg or gravity base type foundations.

(3) The dimensions of any offshore collector platform (excluding towers, helicopter landing pads, masts and cranes) must not exceed—

(a) 75 metres in length;

(b) 75 metres in width;

(4) The dimensions of any offshore converter platform (excluding towers, helicopter landing pads, masts and cranes) must not exceed—

(a) 125 metres in length;

(b) 100 metres in width;

(5) The dimensions of any offshore accommodation or helicopter platform (excluding towers, helicopter landing pads, masts and cranes) must not exceed—

(a) 125 metres in length;

(b) 100 metres in width;

(6) The dimensions of any combined platform (excluding towers, helicopter landing pads, masts and cranes) must not exceed the total seabed footprint of the individual platforms incorporated within it.

(7) Within Work No. 1A, offshore platform foundation structures must be of 1 or more of the following foundation options: gravity base or multi-leg.

(7A) Within Work No. 1B, offshore platform foundation structures must be of 1 or more of the following foundation options: monopole, gravity base or multi-leg.

(8) Within Work No.1A, no offshore platform foundation structure employing a footing of driven piles may—

(a) have more than 24 driven piles;

(b) have a pile diameter exceeding 2.75 metres or employ a hammer energy during installation exceeding 1,900 kilojoules.

(8A) Within Work No.1B, no offshore platform foundation structure fixed to the seabed by multi-leg foundation may—

(a) have more than 24 driven piles;

(b) have a pile diameter exceeding 2.75 metres or employ a hammer energy during installation exceeding 1,900 kilojoules.

(8B) Within Work No.1B, no offshore accommodation platform or helicopter platform, offshore collector platform or offshore converter platform foundation fixed to the seabed by monopole foundation may—

(a) have more than 8 monopoles;

(b) have a pile diameter exceeding 12 metres or employ a hammer energy during installation exceeding 3,000 kilojoules.

(9) Within Work No. 1A, the seabed footprint per offshore foundation (excluding subsea scour protection) must not exceed—

(a) in the case of an offshore collector platform, 5,625 square metres;

(b) in the case of an offshore converter platform, 12,500 square metres;

(10) Within Work No. 1B, the seabed footprint per offshore foundation (excluding subsea scour protection) must not exceed—

(a) in the case of an offshore collector platform, 5,625 square metres;

(b) in the case of an offshore converter platform, 12,500 square metres;

(11) No offshore collector platform foundation may have a seabed footprint (including subsea scour protection) exceeding 9,025 square metres.

(12) No offshore converter platform foundation may have a seabed footprint (including subsea scour protection) exceeding 17,400 square metres.

(13) No offshore accommodation or helicopter platform foundation may have a seabed footprint (including subsea scour protection) exceeding 17,400 square metres.

(14) The number of vessels actively carrying out impact piling as part of the installation of driven pile foundations must at no time exceed 2 within Work No. 1A.

(15) The number of vessels actively carrying out impact piling as part of the installation of driven pile foundations must at no time exceed 2 within Work No. 1B.

6

(1) Wind turbine generator foundation structures must be of 1 or more of the following foundation options: monopole, multi-leg or gravity base.

(2) No wind turbine generator foundation structure employing a footing of driven piles may—

(a) have more than 6 driven piles;

(b) in the case of single-pile structures, have a pile diameter exceeding 12 metres or employ a hammer energy during installation exceeding 3,000 kilojoules;

(c) in the case of structures with 2 or more piles, have a pile diameter exceeding 3.5 metres or employ a hammer energy during installation exceeding 2,300 kilojoules.

(3) No wind turbine generator foundation may have—

(a) a main supporting structure exceeding 61 metres in width;

(b) a seabed footprint (excluding subsea scour protection) exceeding 2,376 square metres;

(4) The foundations for wind turbine generators must be in accordance with the wave reflection co-efficient values set out in Table 3.6 in Chapter 5, Appendix B (foundation characterisation study) of the environmental statement.

7

(1) Within Work No. 1A, the wind turbine generator foundations must not have—

(a) a total seabed footprint exceeding 1,005,300 square metres;

(b) subsea scour protection exceeding 1,084,850 cubic metres in total volume of material;

(2) Within Work No. 1B, the wind turbine generator foundations must not have—

(a) a total seabed footprint exceeding 1,005,300 square metres;

(b) subsea scour protection exceeding 1,084,850 cubic metres in total volume of material;

8

(1) The total seabed footprint of foundation structures (excluding mooring buoys) within Work No. 1A (including subsea scour protection and drill arising deposits) must not exceed 1,116,850 square metres.

(2) The total seabed footprint of offshore platform foundation structures within Work No. 1A (including seabed scour protection and drill arising deposits) must not exceed 88,300 square metres.

(3) The total seabed footprint of foundation structures (excluding mooring buoys) within Work No. 1B (including subsea scour protection and drill arising deposits) must not exceed 1,116,850 square metres.

(4) The total seabed footprint of offshore platform foundation structures within Work No. 1B (including seabed scour protection and drill arising deposits) must not exceed 88,300 square metres.

9

(1) Within Work Nos. 1A, 2A and 3A, the HVDC cables must not, in total, exceed—

(a) 2 in number;

(b) 1 fibre-optic cable;

(2) Within Work Nos. 1A and 2A, the HVDC cables must not, in total, have cable protection (excluding cable crossings) exceeding—

(a) 2.57 square kilometresin area;

(b) 2,496,785 cubic metres in volume.

(3) Within Work Nos. 1B, 2B and 3B, the HVDC cables must not, in total, exceed—

(a) 2 in number;

(b) 1 fibre-optic cable;

(4) Within Work Nos. 1B and 2B, the HVDC cables must not, in total, have cable protection (excluding cable crossings) exceeding—

(a) 2.31square kilometres in area;

(b) 2,242,473 cubic metres in volume.

10

(1) Within Work No. 1A, the HVAC cables must not, in total,—

(a) exceed 1,270 kilometres in length;

(b) have cable protection (excluding cable crossings) exceeding 660,000 square metres in area;

(2) Within Work No. 1B, the HVAC cables must not, in total,—

(a) exceed 1,270 kilometres in length;

(b) have cable protection (excluding cable crossings) exceeding 890,000 square metres in area;

11

(1) Within Work No. 1A, the HVAC cable crossings must not, in total, exceed—

(a) 24 in number;

(b) 132,700 cubic metres in volume of cable crossing material;

(2) Within Work No. 1B the HVAC cable crossings must not, in total, exceed—

(a) 24 in number;

(b) 132,700 cubic metres in volume of cable crossing material;

12

(1) Within Work Nos. 1A and 2A, the HVDC cable crossings must not, in total, exceed—

(a) 16 in number;

(b) 88,450 cubic metres in volume of cable crossing material;

(2) Within Work Nos. 1B and 2B, the HVDC cable crossings must not, in total, exceed—

(a) 16 in number;

(b) 88,450 cubic metres in volume of cable crossing material;

Layout rules

13

(1) The positions of wind turbine generators and offshore platforms must be arrayed in accordance with the parameters applicable to Work Nos. 1A and 1B specified in the Requirements and the principles in section 5.2 of Chapter 5 of the environmental statement.

(2) The construction of wind turbine generators or offshore platforms forming part of the Project A offshore works must not commence until the array location and layout plan has been agreed.

(3) The construction of wind turbine generators or offshore platforms forming part of the Project B offshore works must not commence until the array location and layout plan has been agreed.

(4) The construction of the wind turbine generators and offshore platforms must be carried out in accordance with the relevant array location and layout plan.

(5) The array location and layout plans must ensure compliance with sub-paragraph (1).

(6) In this Requirement, “array location and layout plan” means—

(a) in relation to the Project A offshore works, the array location and layout plan referred to in Marine Licence 1 (see Condition 16(a)).

(b) in relation to the Project B offshore works, the array location and layout plan referred to in Marine Licence 2 (see Condition 16(a)).

Aviation lighting

14

Except as otherwise required by Trinity House under Condition 25 of Marine Licence 1 or 2 or Condition 22 of Marine Licence 3 or 4, the undertaker must exhibit such lights, with such shape, colour and character, as required by the Air Navigation Order 2009[^f00042] or as directed by the Civil Aviation Authority or the Ministry of Defence.

Offshore decommissioning

15

(1) No offshore works may commence until a decommissioning programme in compliance with any notice served on the undertaker by the Secretary of State under section 105(2) of the 2004 Act[^f00043] has been submitted to the Secretary of State for approval.

(2) The programme submitted must accord with the principles set out in the outline decommissioning statement.

Offshore safety management

16

(1) Offshore works must not commence until the MMO, in consultation with the MCA,—

(a) has given approval for an emergency response and co-operation plan (“ERCoP”) that includes full details of the emergency response procedures for the construction, operation and decommissioning phases of the authorised development in accordance with the MCA recommendations contained in the OREI guidance; and

(b) has confirmed that the undertaker has taken into account and adequately addressed all MCA recommendations contained in the OREI guidance that are appropriate to the authorised development.

(2) The ERCoP must identify a point of contact for emergency response.

(3) The ERCoP must be implemented as approved.

(4) In this Requirement, “OREI guidance” means MCA document MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues”[^f00044].

Restricted work area

17

No wind turbine generator or offshore platform may be constructed within 300 metres of the international boundary. (This area is hatched black and identified as a restricted work area on the offshore works plans.)

Stages of authorised development onshore

18

(1) The onshore works must not commence until a written scheme setting out the phasing of construction of each stage of the onshore works has been submitted to and approved by the relevant planning authority.

(2) The scheme must be implemented as approved.

Detailed design approval onshore

19

The onshore works must be carried out in accordance with the following plans, except where part of such a plan is indicative or expressly states that it does not show details for approval—

(a) the onshore order limits and grid co-ordinates plan;

(b) the onshore works plans.

20

(1) Except where the onshore works are carried out in accordance with the plans referred to in Requirement 19, no stage of the onshore works may commence until details of their layout, scale, levels and external appearance (in so far as those details are not shown on those plans) have been submitted to and approved by the relevant planning authority. This must include a section showing cable depths for Work Nos. 4A, 5A, 4B and 5B.

(2) No building forming part of Work No. 7 may exceed 20 metres in height above the floor level for that location, excluding lightning protection.

Provision of landscaping

21

No stage of the onshore works may commence until a written landscaping scheme and associated work programme in relation to each stage of the onshore works has been submitted to, and approved by, the relevant planning authority. Each landscaping scheme must include details of all proposed hard and soft landscaping works, including—

(a) location, number, species, size and planning density of any proposed planting, including any trees;

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

(d) minor structures, such as furniture, refuse or other storage units, signs and lighting;

(e) proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports;

(f) details of existing trees to be retained, with measures for their protection during the construction period;

(g) retained historic landscape features and proposals for restoration, where relevant; and

(h) implementation timetables for all landscaping works.

Implementation and maintenance of landscaping

22

(1) All landscaping works must be carried out in accordance with the landscaping scheme approved under Requirement 21 and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

(2) Any tree or shrub planted as part of an approved landscaping scheme that, within 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the next planting season with a specimen of the same species and size as that originally planted, unless otherwise agreed by the relevant planning authority.

Fencing and other means of enclosure

23

(1) No stage of the onshore works may commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure for that stage have been submitted to and approved by the relevant planning authority.

(2) All construction sites must remain securely fenced at all times during construction of the onshore works.

(3) Any temporary fencing must be removed on completion of the relevant work.

(4) Any approved permanent fencing in relation to Work No. 7 must be completed before the relevant work is brought into use.

(5) Fencing, walls and other means of enclosure must be provided in accordance with the approved details.

Highway accesses

24

(1) No stage of the onshore works may commence until, for that stage, written details of the siting, design, layout and any access management measures for any new permanent or temporary means of access to or from a public highway to be used by vehicular traffic, or any alteration to an existing means of access to or from a public highway used by vehicular traffic, has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority.

(2) No stage of the onshore works may commence until, for that stage, written details identifying the routes and accesses for operational maintenance has, following consultation with the highway authority, been submitted to and approved by the relevant planning authority.

(3) All highway accesses must be constructed, maintained and removed in accordance with the approved details.

Surface and foul water drainage

25

(1) No stage of the onshore works may commence until written details of the surface and (if any) foul water drainage system (including means of pollution control) for that stage have, following consultation with the relevant sewerage and drainage authorities and the Environment Agency, been submitted to and approved by the relevant planning authority.

(2) The surface water drainage system works must restrict surface water discharge to no more than the greenfield run-off rate (1.62 litres per second) in line with the recommendations of the flood risk assessment (Appendix B to Chapter 24 of the environmental statement).

(3) The submitted details must—

(a) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site (surface water drainage scheme);

(b) include a timetable for implementation (foul and surface water schemes); and

(c) provide a management and maintenance plan for the lifetime of the proposed schemes (foul and surface water management).

(4) The surface and foul water drainage systems must be constructed, managed and maintained in accordance with the approved details.

Archaeology

26

(1) No stage of the onshore works may commence until the implementation of a programme of archaeological work has been secured in relation to that stage in accordance with a written scheme of archaeological investigation that has been submitted to and approved by the relevant planning authority.

(2) The scheme must—

(a) set out a pre-construction programme of archaeological evaluation that defines the extent, character and significant archaeological sites and the extent of areas that do not require detailed excavation. The results of the evaluation are to inform subsequent mitigation strategies;

(b) set out the programme and methodology for site investigation and recording;

(c) set out provision for the monitoring of geotechnical test pits in areas of significance as defined by the archaeological evaluation;

(d) set out the programme for post-investigation assessment, the results of which may inform the scope of analysis;

(e) provide for analysis of the site investigation and recording;

(f) provide for publication and dissemination of the analysis and records of the site investigation; and

(g) nominate a competent person or organisation to undertake the works set out in the written scheme of investigation.

(3) No stage of the onshore works may commence until, in relation to the stage, the relevant site investigation has been completed as approved, and such completion has been approved by the relevant planning authority.

(4) No stage of the onshore works may be brought into commercial operation (excluding commissioning) until the site investigation and post-investigation assessment have been completed in accordance with the programme in the approved scheme and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

(5) The written scheme in relation to the stage must be carried out as approved.

Code of construction practice

27

(1) No stage of the onshore works may commence until a code of construction practice (“CoCP”) in accordance with the outline code of construction practice has been submitted to and approved by the relevant planning authority and as appropriate Highways England, following consultation with the relevant statutory nature conservation body.

(2) The CoCP must reflect and ensure delivery of the construction phase mitigation measures included in the environmental statement and must include consideration of the following matters, amongst others, during construction of the onshore works—

(a) construction noise and vibration management;

(b) air quality including dust management;

(d) traffic management and materials storage on site;

(e) water management (surface water and groundwater);

(f) the mechanism for the public to communicate with the construction teams, including contact details;

(g) land use and agriculture, including the management, excavation and removal of soils, land drainage, land quality and biosecurity;

(h) a method statement for the crossing of watercourses;

(i) method statements for horizontal directional drilling activities of highways, railways and apparatus in the Wilton Complex;

(j) plans for public and private access across the Order limits, including details of the temporary re-routing of public rights of way during the construction of the authorised development including the provision of signage and other information alerting the public to the construction works and any re-routing;

(k) management and mitigation of artificial light emissions.

Construction environmental management plan

28

(1) Before the commencement of each stage of the onshore works, a construction environmental management plan (“CEMP”) for that stage, drafted in accordance with the principles set out in the CoCP, must be submitted to and approved by the relevant planning authority.

(2) All remediation, construction and commissioning works must be undertaken in accordance with the CoCP and CEMP.

Construction hours

29

(1) Construction work for the onshore works and any construction-related traffic movements to or from the site of the relevant work must take place only between 7 a.m. and 7 p.m. on Monday to Saturday, with no activity on Sundays, public or bank holidays, except—

(a) where continuous periods of operation are required, such as concrete pouring and drilling;

(b) for the delivery of abnormal loads to the onshore works, which may cause congestion on the local road network;

(d) where works are required to be carried out in an emergency; or

(e) as otherwise agreed by the relevant planning authority as required outside of these hours pursuant to details submitted and approved under any other Requirement.

(2) All construction operations that are to be undertaken outside the hours referred to in sub-paragraph (1) must be agreed by the relevant planning authority in advance and must be carried out within the hours agreed by the relevant planning authority.

Control of noise during operational phase

30

(1) The noise emanating from the operation of Work No. 7 (including transformers, cooling fans, switch gear and power lines) must not, separately or together, exceed operational noise levels of—

(a) 42 decibels at the residential receptors referred to in sub-paragraph (2) and identified on the work plans; or

(b) 46 decibels at the non-residential receptors referred to in sub-paragraph (3) and identified on the works plans.

(2) The residential receptors are—

(a) 7 Grange Estate;

(b) 10 Grange Estate;

(d) Lazenby Grange Farmhouse.

(3) The non-residential receptors are—

(a) Wilton Complex office building;

(b) Wilton Golf Club; and

(4) Noise measurements must be expressed as free field 5 minute L(A)r values.

Control of artificial light emissions

31

(1) Work No. 7 must not be brought into operation until a written scheme for the management and mitigation of artificial light emissions during the operation of Work No. 7 has been submitted to and approved by the relevant planning authority.

(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented and maintained during the operation of the onshore works.

Construction traffic routing and management plans

32

(1) No stage of the onshore works may commence until written details of a construction traffic management plan (“CTMP”) and a construction travel plan (“CTP”), to be used for the management of construction traffic, has been submitted to and approved by the relevant planning authority and Highways England.

(2) The CTMP and CTP must include details (including agreed routes) for abnormal indivisible loads (“AILs”) that may be delivered by road (or confirmation that no AILs are required for construction of the authorised development), and the approved details must be adhered to at all times when AILs are transported to or from the authorised development by road.

(3) Notices must be erected and maintained throughout the period of construction at construction site exits, in accordance with the CTMP, indicating to drivers the routes agreed by the relevant planning authority for traffic entering and leaving sites.

Drilling works under highways

33

Any drilling works that are to be undertaken under highways must be carried out in accordance with the Highways England’s Design Manual for Roads and Bridges[^f00045].

Port access and transport plans

34

(1) No licensed activities or any phase of licensed activities seaward of MHWS may commence until (so far as relevant to the activities or phase of activities) a port access and transport plan (“PATP”) for the onshore port-related traffic to and from the selected base port has been submitted to and approved by the relevant planning authority after consultation with the relevant highway authority.

(2) Sub-paragraph (1) does not apply if the relevant planning authority confirms, after consultation with the relevant highway authority, that no PATP is required for the licenced activities or phase of licensed activities.

(3) All PATPs must be implemented as approved at all times specified in the PATP during the construction or operation (or both) of the authorised project.

(4) In this Requirement—

“licensed activities” has the meaning given in Marine Licences 1 to 4;

“relevant highway authority”, in relation to a selected base port, means the highway authority in whose area the port is located;

“relevant planning authority”, in relation to a selected base port, means the local planning authority in whose area the port is located;

“selected base port” means a port selected for the construction or ongoing operational management of the authorised project (or both).

European protected species: onshore

35

(1) No stage of the onshore works may commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by any part of the onshore works or in any of the trees to be lopped or felled as part of the onshore works.

(2) Where a European protected species is shown to be present, the stage of the onshore works likely to affect the species must not commence until, after consultation with the relevant statutory nature conservation body and the Secretary of State for the Environment, Food and Rural Affairs, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority.

(3) The onshore works must be carried out in accordance with the approved scheme.

(4) In this Requirement, “European protected species” is a European protected species of animal within the meaning of Part 3 (protection of species) of the Conservation of Habitats and Species Regulations 2017.

Restoration of land used temporarily for construction

36

Subject to article 29 (temporary use of land for carrying out authorised project), any land landward of MLWS within the Order limits that is used temporarily for construction of the relevant stage of the onshore works, and not ultimately incorporated in permanent works or approved landscaping, must be reinstated to its former condition, or such condition as the relevant planning authority may approve, within 6 months of completion of the onshore works, or such other period as the relevant planning authority may approve.

Interference with telecommunications

37

(1) The undertaker must submit to the relevant planning authority for approval a scheme to rectify the situation in the event that the operation of the onshore works gives rise to interference with telecommunications or television equipment at nearby residential properties.

(2) The scheme must provide for the investigation by a qualified independent television engineer of any complaint of interference with television reception at a lawfully occupied dwelling (defined for the purposes of this Requirement as a building within use classes C3 and C4 of the Town and Country Planning (Uses Classes) Order 1987[^f00047] that lawfully exists or had planning permission at the date on which this Order is made, where such complaint is notified to the undertaker by the relevant planning authority within 12 months of commercial operation.

(3) Where impairment is determined by the qualified television engineer to be attributable to the authorised project, mitigation works must be carried out in accordance with the scheme.

Onshore decommissioning

38

(1) On the cessation of commercial operation of the onshore works (in whole or in part), a scheme for the demolition and removal of the onshore works (in whole or in part), and the final proposed condition of the relevant land, including a proposed timetable, must be submitted to the relevant planning authority for approval. The proposed scheme must be based on the outline decommissioning statement.

(2) The scheme for decommissioning must be implemented as approved.

Approval, etc. to be given in writing

39

Where under any Requirement the approval or agreement of the relevant planning authority or any other person is required, that approval or agreement must be given in writing.

Amendments to plans, etc.

40

(1) Where any Requirement requires the authorised project to be carried out in accordance with any programme, statement, plan, protocol, scheme, details or arrangements approved by the relevant planning authority or any other person (the “approving authority”), the approved programme, statement, plan, protocol, scheme, details or arrangements must be taken to include any amendments that may subsequently be approved by the approving authority (after consulting any person that the discharging authority is required to consult under the relevant Requirement).

(2) The approving authority must not approve an amendment unless it is satisfied that the amendment is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

SCHEDULE 2 — Streets subject to street works

Area	Street subject to street works
Redcar and Cleveland	Coast Road (A1085)
Redcar and Cleveland	National Cycle Network Route 1
Redcar and Cleveland	Green Lane
Redcar and Cleveland	Public byway (116/19/1)
Redcar and Cleveland	Redcar Road
Redcar and Cleveland	Cat Flatt Lane
Redcar and Cleveland	Public footpath (129/29/1)
Redcar and Cleveland	Public footpath (129/30/1)
Redcar and Cleveland	A174
Redcar and Cleveland	Grewgrass Lane
Redcar and Cleveland	Grewgrass Lane (stewardship bridleway)
Redcar and Cleveland	Fishponds Road (B1269)
Redcar and Cleveland	Public footpath (106/190/1)
Redcar and Cleveland	Greystone Road (A1053)
Redcar and Cleveland	Public footpath (102/193/2)
Redcar and Cleveland	Public footpath (102/54/1)
Redcar and Cleveland	Public footpath (102/194/1)
Redcar and Cleveland	Coast Road (A1085)
Redcar and Cleveland	National Cycle Network Route 1
Redcar and Cleveland	Green Lane
Redcar and Cleveland	Public byway (116/19/1)
Redcar and Cleveland	Redcar Road
Redcar and Cleveland	Cat Flatt Lane
Redcar and Cleveland	Public footpath (129/29/1)

SCHEDULE 3 — Streets to be temporarily stopped up

Area	Streets to be temporarily stopped up
Redcar and Cleveland	Cat Flatt Lane
Redcar and Cleveland	Public footpath (129/29/1)
Redcar and Cleveland	Public footpath (129/30/1)

SCHEDULE 4 — Access to works

Area	Access to works
Redcar and Cleveland	Coast Road (A1085)
Redcar and Cleveland	Redcar Road
Redcar and Cleveland	A174 between the roundabout off A174/Grewgrass Lane/Redcar Lane and the roundabout off A174/Longbeck Road/Gurrey Street, near land known as Mickle Dales
Redcar and Cleveland	Grewgrass Lane
Redcar and Cleveland	Fishponds Road (B1269)
Redcar and Cleveland	Junction off A174 and Kirkleatham Lane (A1042)
Redcar and Cleveland	Off the east bound sliproad off A174 (not named) into the Wilton Complex, which is located between Lazenby and the roundabout of A174/A1042
Redcar and Cleveland	High Street (B1380)

SCHEDULE 5 — Land in which only new rights, etc. may be acquired

SCHEDULE 6 — Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments modified

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with all 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 to compensation on the compulsory purchase of land and interests in land.

Land Compensation Act 1973 modified

2

(1) Without limiting paragraph 1, the Land Compensation Act 1973[^f00048] has effect subject to the modifications set out in sub-paragraph (2).

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

(a) for “land is acquired or taken”, substitute “a right over land is purchased from”;

(b) for “acquired or taken from him”, substitute “over which the right is exercisable”.

Compulsory Purchase Act 1965 modified

3

Without limiting paragraph 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 must be 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.

SCHEDULE 7 — Land of which temporary possession may be taken

(1)	(2)	(3)	(4)
Location	Plot reference number shown on land plans	Purpose for which temporary possession may be taken	Relevant part of the authorised development
Land plans - sheet 2	Land plans - sheet 2	Land plans - sheet 2	Land plans - sheet 2
Redcar and Cleveland	79	Work site and access	Work No. 6A
Redcar and Cleveland	80	Work site and access	Work No. 6B
Redcar and Cleveland	81	Work site and access	Work No. 6A
Redcar and Cleveland	82	Work site and access	Work No. 6B
Land plans - sheet 4	Land plans - sheet 4	Land plans - sheet 4	Land plans - sheet 4
Redcar and Cleveland	84	Work site and access	Work No. 6A
Redcar and Cleveland	83	Work site and access	Work No. 6B
Redcar and Cleveland	85	Work site and access	Work Nos. 6A and 6B
Land plans - sheet 6	Land plans - sheet 6	Land plans - sheet 6	Land plans - sheet 6
Redcar and Cleveland	86	Work site and access	Work No. 8A
Redcar and Cleveland	87	Work site and access	Work No. 8B

SCHEDULE 8 — Marine Licence 1: Project A Offshore Generation – Work Nos. 1A and 2T

PART 1 — Licensed activities

Interpretation

1

(1) In this licence—

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

“Annex 1 habitat” means a habitat set out in Annex 1 to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

“array location and layout plan” means the array location and layout plan referred to in Condition 16(a);

“authorised deposits” means the substances and articles specified in paragraph 2(3);

“authorised scheme” means Work Nos. 1A and 2T described in paragraph 2 or any part or phase of those works;

“cable crossing” means the crossing of existing subsea cables and pipelines by the inter-array, inter-platform or export cables authorised by the Order together with physical protection measures including cable protection;

“cable protection” means measures to protect cables from physical damage and exposure due to loss of seabed sediment including, but not limited to, 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;

“chemical risk assessment” means the chemical risk assessment referred to in Condition 16(d)(ii);

“combined platform” means a single offshore platform combining 2 or more of the following—an offshore collector platform;an offshore converter platform;an offshore accommodation or helicopter platform;

“commence” means begin to carry out any part of the licensed activities except for the pre-construction surveys and monitoring; and “commencement” must be construed accordingly;

“commercial operation”, in relation to the authorised scheme, means the exporting, on a commercial basis, of electricity from the wind turbine generators comprised in the scheme;

“Condition” means a condition in Part 2;

“disposal scenario statement” means the document certified as the disposal scenario statement by the Secretary of State under article 42 of the Order (certification of plans and documents, etc.);

“draft fisheries liaison plan” means the document certified as the draft fisheries liaison plan by the Secretary of State under article 42 of the Order;

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

“environmental statement” means the document certified as the environmental statement by the Secretary of State under article 42 of the Order together with any supplementary or further environmental information submitted in support of the application for the Order;

“gravity base foundation” means a foundation type that rests on the seabed and supports a wind turbine generator, meteorological station or offshore platform primarily due to its own weight and that of added ballast, with or without skirts or other additional fixings, which may include associated equipment including J-tubes and access platforms and separate topside connection structures or an integrated transition piece. (Sub-types for wind turbine generators and meteorological stations include conical gravity base and flat-based gravity base foundations. Sub-types for platforms include offshore platform conical or flat-base gravity base foundations and offshore platform semi-submersible gravity base foundations);

“HAT” (highest astronomical tide) means the highest tide that can be predicted to occur under average meteorological conditions;

“HVAC” means high voltage alternating current;

“HVDC” means high voltage direct current;

“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 paragraph 2;

“maintain” includes inspect, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works in Part 2 of Schedule 1 (ancillary works) to the Order and any component part of any wind turbine generator, offshore platform, meteorological station, electricity or communication cable described in Part 1 of that Schedule (authorised development) (but not including the removal or replacement of foundations) to the extent set out in the offshore maintenance plan referred to in Condition 24; and “maintenance” must be construed accordingly;

“marine pollution contingency plan” means the marine pollution contingency plan referred to in Condition 16(d)(i);

“MCA” means the Maritime and Coastguard Agency;

“meteorological mast” or “meteorological station” means a fixed or floating structure housing or incorporating equipment to measure wind speed and other meteorological and oceanographic characteristics, including a topside which may house electrical switchgear and communication equipment and associated equipment, and marking and lighting;

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

“MMO” means the Marine Management Organisation;

“monopole foundation” means a foundation option based around a single vertical pillar structure driven, drilled, or embedded into the seabed by means such as suction or gravity. This main support structure may change in diameter via tapers or abrupt steps. (Sub-types for wind turbine generators and meteorological stations include monopole with steel monopile footing, monopole with concrete monopile footing and monopole with a single suction-installed bucket footing);

“multi-leg foundation” means a foundation option based around structures with several legs or footings. This includes jackets, tripods and other structures which include multiple large tubulars, cross-bracing or lattices. Multi-leg foundations may be fixed to the seabed by footings which are driven, drilled, screwed, jacked-up or embedded into the seabed by means such as suction or gravity. (Sub-types for wind turbine generators and meteorological stations include multi-legs with driven piles, drilled piles, screw piles, suction buckets and jack-up foundations. Sub-types for platforms include offshore platform jacket foundations (potentially using driven piles, suction buckets or screw piles) and offshore platform jack-up foundations);

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

“offshore accommodation or helicopter platform” means a platform (either singly or as part of a combined platform) housing or incorporating some or all of the following: accommodation for staff during the construction, operation and decommissioning of the authorised scheme, landing facilities for vessels and helicopters, re-fuelling facilities, communication and control systems, electrical systems such as metering and control systems, small- and large-scale electrical power systems, J-tubes, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

“offshore collector platform” means a platform (either singly or as part of a combined platform) housing or incorporating electrical switchgear or electrical transformers, electrical systems such as metering and control systems, J-tubes, landing facilities for vessels and helicopters, re-fuelling facilities, accommodation for staff during the construction, operation and decommissioning of the authorised scheme, communication and control systems, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

“offshore converter platform” means a platform (either singly or as part of a combined platform) housing or incorporating HVDC electrical switchgear or electrical transformers and other equipment to enable HVDC transmission to be used to convey the power output of the multiple wind turbine generators to shore including electrical systems such as metering and control systems, J-tubes, landing facilities for vessels and helicopters, re-fuelling facilities, accommodation for staff during the construction, operation and decommissioning of the authorised scheme, communication and control systems, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

“offshore in principle monitoring plan” means the document certified as the offshore in principle monitoring plan by the Secretary of State under article 42 of the Order;

“offshore order limits and grid co-ordinates plan” means the plans certified as the offshore order limits and grid co-ordinates plan by the Secretary of State under article 42 of the Order;

“offshore platform” means any of the following—an offshore accommodation or helicopter platform;an offshore collector platform;an offshore converter platform;a combined platform;

“onshore order limits and grid co-ordinates plan” means the plans certified as the onshore order limits and grid co-ordinates plan by the Secretary of State under article 42 of the Order;

“Order” means the Dogger Bank Teesside A and B Offshore Wind Farm Order 2015;

“Order limits” means the limits shown on the offshore order limits and grid co-ordinates plan and the onshore order limits and grid co-ordinates plan;

“outline offshore archaeological written scheme of investigation” means the document certified as the outline offshore archaeological written scheme of investigation by the Secretary of State under article 42 of the Order;

“outline offshore maintenance plan” means the document certified as the outline offshore maintenance plan by the Secretary of State under article 42 of the Order;

“scour protection” means measures to prevent loss of seabed sediment around foundation bases by the use of bagged solutions filled with grout or other material, protective aprons, mattresses, flow energy dissipation devices and rock and gravel burial;

“undertaker” means Doggerbank Project 2 Bizco Limited (company number 07791977) whose registered office is 55 Vastern Road, Reading, Berkshire RG1 8BU;

“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;

“wind turbine generator” means a structure comprising a tower, a rotor with 3 blades connected at the hub, a nacelle and ancillary electrical and other equipment which may include J-tubes, 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.

(2) In this licence, a reference to any statute, order, regulation or similar instrument is 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) In this licence, unless otherwise indicated,—

(a) all times are Greenwich Mean Time (GMT);

(b) all co-ordinates are latitude and longitude decimal degrees to 6 decimal places. The datum system used is World Geodetic System 1984 datum (WGS84).

(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, is—

(a) Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YH

Email: marine.consents@marinemanagement.org.uk

Tel: 0300 123 1032;

(b) Trinity House

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900;

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: 01823 337 900;

(d) Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton SO15 1EG

Tel: 023 8032 9191;

(e) Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield S3 8NH

Tel: 0300 060 4911;

(f) English Heritage

Eastgate Court

195-205 High Street

Guildford GU1 3EH

Tel: 01483 252 057.

(5) For information only, the details of the local MMO office to the authorised scheme is—

Marine Management Organisation – Northern Marine Area

MMO Coastal Office

Neville House

Central Riverside

Bell Street

North Shields

Tyne and Wear NE30 1LJ

Email: northshields@marinemanagement.org.uk

Tel: 0191 257 4520.

Details of licensed activities

2

(1) This licence authorises the undertaker (and any agent or contractor acting on its behalf) to carry out the following licensable marine activities under Part 4 of the 2009 Act, subject to the Conditions—

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

(b) subject to sub-paragraph (7), the construction of the works specified in sub-paragraph (2) in or over the sea or on or under the sea bed including the removal, reconstruction or alteration of the position of subsea cables and pipelines;

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

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

PART 2 — Conditions

Detailed offshore design parameters

3

(1) No wind turbine generator may—

(a) exceed a height of 315 metres when measured from HAT to the tip of the vertical blade;

(b) have a rotor diameter exceeding 215 metres;

(c) be less than a multiple of 6 times the rotor diameter from the nearest wind turbine generator in any direction being not less than 750 metres measured between wind turbine generators;

(d) have a distance of less than 26 metres between the lowest point of the rotating blade of the wind turbine generator and HAT.

(2) The total rotor-swept area within Work No. 1A must not exceed 4.35 square kilometres.

(3) References to the location of a wind turbine generator are references to the centroid point at the base of the wind turbine generator.

4

(1) No meteorological station lattice tower may exceed a height of 315 metres above HAT.

(2) Meteorological mast foundation structures must be of 1 or more of the following foundation options: monopole, multi-leg, gravity base or floating structure secured by chain and anchor.

(3) No meteorological mast foundation structure employing a footing of driven piles may—

(a) have more than 4 driven piles;

(b) in the case of single-pile structures, have a pile diameter exceeding 10 metres or employ a hammer energy during installation exceeding 2,300 kilojoules;

(c) in the case of structures with 2 or piles, have a pile diameter exceeding 3.5 metres or employ a hammer energy during installation exceeding 1,900 kilojoules.

(4) No meteorological mast foundation may have—

(a) a seabed footprint (excluding subsea scour protection) exceeding 1,735 square metres;

(b) a seabed footprint (including subsea scour protection) exceeding 4,657 square metres;

5

(1) The total number of offshore platforms within Work No. 1A must not exceed 7, comprising—

(a) up to 4 offshore collector platforms;

(b) 1 offshore converter platform; and

provided that any of the platforms referred to in paragraphs (a) to (c) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations.

(2) The dimensions of any offshore collector platform (excluding towers, helicopter landing pads, masts and cranes) must not exceed—

(a) 75 metres in length;

(b) 75 metres in width;

(3) The dimensions of any offshore converter platform (excluding towers, helicopter landing pads, masts and cranes) must not exceed—

(a) 125 metres in length;

(b) 100 metres in width;

(4) The dimensions of any offshore accommodation or helicopter platform (excluding towers, helicopter landing pads, masts and cranes) must not exceed—

(a) 125 metres in length;

(b) 100 metres in width;

(5) The dimensions of any combined platform (excluding towers, helicopter landing pads, masts and cranes) must not exceed the total seabed footprint of the individual platforms incorporated within it.

(6) Offshore platform foundation structures must be of 1 or more of the following foundation options: gravity base or multi-leg.

(7) No offshore platform foundation structure employing a footing of driven piles may—

(a) have more than 24 driven piles;

(b) have a pile diameter exceeding 2.75 metres or employ a hammer energy during installation exceeding 1,900 kilojoules.

(8) Within Work No. 1A, the seabed footprint per offshore foundation (excluding subsea scour protection) must not exceed—

(a) in the case of an offshore collector platform, 5,625 square metres;

(b) in the case of an offshore converter platform, 12,500 square metres;

(9) No offshore collector platform foundation may have a seabed footprint (including subsea scour protection) exceeding 9,025 square metres.

(10) No offshore converter platform foundation may have a seabed footprint (including subsea scour protection) exceeding 17,400 square metres.

(11) No offshore accommodation or helicopter platform foundation may have a seabed footprint (including subsea scour protection) exceeding 17,400 square metres.

(12) The number of vessels actively carrying out impact piling as part of the installation of driven pile foundations must at no time exceed 2 within Work No. 1A.

6

(1) Wind turbine generator foundation structures must be of 1 or more of the following foundation options: monopole, multi-leg or gravity base.

(2) No wind turbine generator foundation structure employing a footing of driven piles may—

(a) have more than 6 driven piles;

(b) in the case of single-pile structures, have a pile diameter exceeding 12 metres or employ a hammer energy during installation exceeding 3,000 kilojoules;

(c) in the case of structures with 2 or more piles, have a pile diameter exceeding 3.5 metres or employ a hammer energy during installation exceeding 2,300 kilojoules.

(3) No wind turbine generator foundation may have—

(a) a main supporting structure exceeding 61 metres in width;

(b) a seabed footprint (excluding subsea scour protection) exceeding 2,376 square metres;

(4) The foundations for wind turbine generators must be in accordance with the wave reflection co-efficient values set out in Table 3.6 in Chapter 5, Appendix B (foundation characterisation study) of the environmental statement.

7

Within Work No. 1A, the wind turbine generator foundations must not have—

(a) a total seabed footprint exceeding 1,005,300 square metres;

(b) subsea scour protection exceeding 1,084,850 cubic metres in total volume of material;

8

(1) The total seabed footprint of foundation structures (excluding mooring buoys) within Work No. 1A (including subsea scour protection and drill arising deposits) must not exceed 1,116,850 square metres.

(2) The total seabed footprint of offshore platform foundation structures within Work No. 1A (including seabed scour protection and drill arising deposits) must not exceed 88,300 square metres.

9

Within Work No. 1A, the HVAC cables must not, in total,—

(a) exceed 1,270 kilometres in length;

(b) have cable protection (excluding cable crossings) exceeding 660,000 square metres in area;

10

Within Work No. 1A, the HVAC cable crossings must not, in total, exceed—

(a) 24 in number;

(b) 132,700 cubic metres in volume of cable crossing material;

11

Within Work Nos. 1A and 2A, the HVDC cable crossings must not, in total, exceed—

(a) 16 in number;

(b) 88,450 cubic metres in volume of cable crossing material;

Layout rules

12

(1) The positions of wind turbine generators and offshore platforms must be arrayed in accordance with the parameters applicable to Work No. 1A specified in the Conditions and the principles in section 5.2 of Chapter 5 of the environmental statement.

(2) The construction of wind turbine generators or offshore platforms must not commence until the array location and layout plan has been agreed.

(3) The construction of wind turbine generators and offshore platforms must be carried out in accordance with the array location and layout plan.

Notifications and inspections

13

(1) The undertaker must ensure that—

(a) before carrying out any licensed activities, the undertaker informs the MMO of—

(i) the organisation undertaking the licensed activities and its primary point of contact;

(ii) the works being undertaken pursuant to this licence comprising those works necessary up to the point of connection with the transmission assets including (without limiting paragraph 2)—

(aa) up to 4 offshore collector platforms;

(bb) no more than 1 offshore converter platform;

(cc) up to 200 wind turbine generators;

(dd) up to 2 offshore accommodation or helicopter platforms;

(ee) up to 5 meteorological stations; and

(ff) a network of cables for the transmission of electricity and electronic communications;

(iii) the maximum total area and volume for any cable protection HVAC inter-array cables and HVAC inter-platform cables to be constructed within the array area; and

(iv) the maximum total area and volume for any cable protection to be constructed within the array area;

(b) all works notified under this Condition when combined with any works notified under Condition 13 of Marine Licence 2 (as defined in the Order) and Condition 10 of Marine Licences 3 and 4 (as defined in the Order) do not exceed the maximum parameters set out in Schedule 1 to the Order;

(i) all agents and contractors notified to the MMO in accordance with Condition 19; and

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with that Condition; and

(d) within 28 days of receipt of a copy of this licence, the organisations and primary points of contact referred to in paragraph (a) provide a completed confirmation form to the MMO confirming that they have read and will comply with the terms of this licence.

(2) Only the persons and vessels notified to the MMO in accordance with Condition 19 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;

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(1)	(2)	(2)
Plot reference number shown on land plans	Purpose for which rights over land may be acquired	Purpose for which rights over land may be acquired
1, 2B, 3B, 12B, 12C, 13B, 13D, 17B, 18, 19B, 21B, 25B, 26B, 29B, 32B, 33Bii, 36B, 41B, 43B, 44B, 46B, 49B, 52B	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 3	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 3
24B	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 3	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 3
60B, 62B, 63B	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 3	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 3
2A, 3A, 4ii, 12A, 13A, 13C, 17A, 19A, 21A, 25A, 26A, 29A, 32A, 33Aii, 36A, 41A, 43A, 44A, 46A, 49A, 52C	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 2	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 2
24C	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 2	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 2
60A, 62A, 63A, 68	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 2	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 2
10, 11, 14, 15, 16, 24A, 28, 31, 35, 38, 39, 48, 50, 52A, 53, 54	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 2 and Bizco 3	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 2 and Bizco 3
56	New right for the installation, inspection, maintenance, renewal, repair and replacement of landscaping for the benefit of Bizco 2 and Bizco 3	New right for the installation, inspection, maintenance, renewal, repair and replacement of landscaping for the benefit of Bizco 2 and Bizco 3
69, 70, 71, 72, 73	New right for the construction of new connection bays within the National Grid substation containing isolation switchgear and electrical equipment for the connection of the export cables to the transmission network for the benefit of Bizco 2 and Bizco 3	New right for the construction of new connection bays within the National Grid substation containing isolation switchgear and electrical equipment for the connection of the export cables to the transmission network for the benefit of Bizco 2 and Bizco 3
59, 64, 65, 66, 74, 75, 76, 77, 78	New right for:	New right for:
59, 64, 65, 66, 74, 75, 76, 77, 78	(a)	the construction, inspection, maintenance, renewal, repair and replacement of the new connection bays within the National Grid substation; and
59, 64, 65, 66, 74, 75, 76, 77, 78	(b)	the installation, inspection, maintenance, renewal, repair and replacement for up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications,
59, 64, 65, 66, 74, 75, 76, 77, 78	in each case for the benefit of Bizco 2 and Bizco 3	in each case for the benefit of Bizco 2 and Bizco 3
9D, 13B, 30C, 40C, 49B	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 2	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 2
67E	New right for:	New right for:
67E	(a)	the construction, inspection, maintenance, renewal, repair and replacement of the new connection bays within the National Grid substation; and
67E	(b)	the installation, inspection, maintenance, renewal, repair and replacement for up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications,
67E	in each case for the benefit of Bizco 2	in each case for the benefit of Bizco 2
9C, 13A, 23C, 27C, 34C, 49A	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 3	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 3
58G, 67C	New right for:	New right for:
58G, 67C	(a)	the construction, inspection, maintenance, renewal, repair and replacement of the new connection bays within the National Grid substation; and
58G, 67C	(b)	the installation, inspection, maintenance, renewal, repair and replacement for up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications,
58G, 67C	in each case for the benefit of Bizco 3	in each case for the benefit of Bizco 3