The Norfolk Boreas Offshore Wind Farm Order 2021

• (ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 10;

• (b) within 28 days of receipt of a copy of this licence those persons referred to in paragraph (a) above must provide a completed confirmation form to the MMO confirming receipt of this licence.

• (2) Only those persons and vessels notified to the MMO in accordance with condition 10 are permitted to carry out the licensed activities.

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

• (a) the undertaker’s registered address;

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

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

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

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

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

• (7) The undertaker must inform the Kingfisher Information Service of Seafish by email to kingfisher@seafish.co.uk of details regarding the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant part—

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

• (b) as soon as reasonably practicable and no later than 24 hours of completion of construction of all offshore activities;

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

• (8) A notice to mariners must be issued at least ten days prior to the commencement of the licensed activities or any part of them advising of the start date of Work No. 3B and the expected vessel routes from the construction ports to the relevant location and the route of the sub-sea cables and fibre optic cables. Copies of all notices must be provided to the MMO, MCA and UKHO within five days.

• (9) The notices to mariners must be updated and reissued at weekly intervals during construction activities and at least five days before any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under condition 7(1)(b). Copies of all notices must be provided to the MMO, MCA and UKHO within five days.

• (10) The undertaker must notify the UK Hydrographic Office both of the commencement (ten days prior), progress and completion of construction (within ten days) of the licensed activities in order that all necessary amendments to nautical charts are made and the undertaker must send a copy of such notifications to the MMO within five days.

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

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

Aids to navigation

4

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

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

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

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

• (c) notice within five days of completion of construction of the authorised scheme.

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

• (4) In the event that the provisions of condition 3(11) and condition 3(12) are invoked, the undertaker must lay down such marker buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

Chemicals, drilling and debris

5

• (1) Unless otherwise agreed in writing by the MMO all chemicals used in the construction of the authorised scheme must be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002[^f00060] (as amended).

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

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

• (4) The undertaker must inform the MMO of the location and quantities of material disposed of each month under this licence. This information must be submitted to the MMO by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive. In the event that no activity has taken place during the reporting period the undertaker must provide a null (0) return to the MMO.

• (5) The undertaker must ensure that only inert material of natural origin, produced during the drilling installation of or seabed preparation for foundations, and drilling mud is disposed of within disposal site references HU214, HU215, HU216, and HU217 within the extent of the Order limits seaward of MHWS. Any other materials must be screened out before disposal of the inert material at this site.

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

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

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

• (9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team in accordance with the marine pollution contingency plan agreed under condition 7(1)(d)(i).

• (10) All dropped objects must be reported to the MMO using the Dropped Object Procedure Form as soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware of an incident. On receipt of the Dropped Object Procedure Form, the MMO may require relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do so and the MMO may require obstructions to be removed from the seabed at the undertaker’s expense if reasonable to do so.

Force majeure

6

• (1) If, due to stress of weather or any other cause the master of a vessel determines that it is necessary to make a deposit which is not authorised under this licence, whether within or outside of the Order limits because the safety of human life and/or of the vessel is threatened, within 48 hours the undertaker must notify full details of the circumstances of the deposit to the MMO.

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

Pre-construction plans and documentation

7

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

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

• (i) the length and arrangement of all cables comprising Work No. 3B;

• (ii) a plan showing the indicative programming of particular works as set out in the indicative programme to be provided under sub-paragraph (1)(b)(iv); and;

• (iii) any exclusion zones/micrositing requirements identified in any mitigation scheme pursuant to sub-paragraph (1)(h);the dimensions of all foundations;

to ensure conformity with the description of Works No. 3B and compliance with condition 2 above.

• (b) A construction programme and monitoring plan (which accords with the offshore in principle monitoring plan) to include details of—

• (i) the proposed construction start date;

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

• (iii) proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction surveys and monitoring and related reporting in accordance with sub-paragraph (1)(h) and conditions 11, 12 and 13; and

• (iv) an indicative written construction programme for all offshore electrical platforms and cables including fibre optic cables comprised in the works at Part 3 (licensed marine activities) of this Schedule (insofar as not shown in paragraph (ii) above);

with details pursuant to paragraph (iii) above to be submitted to the MMO in accordance with the following—

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

• (bb) at least four months prior to construction, detail on construction monitoring; and

• (cc) at least four months prior to commissioning, detail of post-construction (and operational) monitoring;

unless otherwise agreed in writing with the MMO.

• (c) A construction method statement in accordance with the construction methods assessed in the environmental statement and including details of—

• (i) cable (including fibre optic cable) installation;

• (ii) contractors;

• (iii) vessels, vessels maintenance; and

• (iv) associated and ancillary works.

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

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

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

• (iii) waste management and disposal arrangements;

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

• (v) a fisheries liaison and coexistence plan (which accords with the outline fisheries liaison and co-existence plan) to ensure relevant fishing fleets are notified of commencement of licensed activities pursuant to condition 3 and to address the interaction of the licensed activities with fishing activities;

• (e) A scour protection and cable protection plan (in accordance with the outline scour protection and cable protection plan) providing details of the need, type, sources, quantity, distribution and installation methods for scour protection and cable (including fibre optic cable) protection. For the avoidance of doubt “distribution” in this sub-paragraph must include quantities in respect of each structure comprised in the offshore works and intended to be subject to scour protection.

• (f) A cable specification, installation and monitoring plan, to include—

• (i) technical specification of offshore cables (including fibre optic cable) below MHWS, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable burial depth in accordance with industry good practice;

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

• (iii) proposals for monitoring offshore cables including cable (including fibre optic cable) protection during the operational lifetime of the authorised scheme which includes a risk based approach to the management of unburied or shallow buried cables; and

• (iv) appropriate methods such as a trawl or drift net to be deployed along Work No. 3B (project interconnector cables), following the survey referred to in condition 13(2)(b) to assess any seabed obstructions resulting from burial of the project interconnector cables.

• (g) An archaeological written scheme of investigation in relation to the offshore Order limits seaward of mean high water, which must accord with the outline written scheme of investigation (offshore) and industry good practice, in consultation with the statutory historic body to include—

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

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

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

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

• (v) monitoring of archaeological exclusion zones during and post construction;

• (vi) a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting a Historic England OASIS (Online Access to the Index of archaeological investigations) form with a digital copy of the report within six months of completion of construction of the authorised scheme, and to notify the MMO that the OASIS form has been submitted to the National Record of the Historic Environment within two weeks of submission;

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

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

• (h) A mitigation scheme for any habitats of principal importance identified by the survey referred to in condition 11(2)(a) and in accordance with the offshore in principle monitoring plan.

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

• (j) An aids to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House, to include details of how the undertaker will comply with the provisions of condition 4 for the lifetime of the authorised scheme.

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

8

• (1) Any archaeological reports produced in accordance with condition 7(1)(g)(iii) must be agreed with the MMO in consultation with the statutory historic body.

• (2) The design plan required by condition 7(1)(a) must be prepared by the undertaker and determined by the MMO.

• (3) Each programme, statement, plan, protocol or scheme required to be approved under condition 7 must be submitted for approval at least four months prior to the intended commencement of licensed activities, except where otherwise stated or unless otherwise agreed in writing by the MMO.

• (4) No licensed activity may commence until for that licensed activity the MMO has approved in writing any relevant programme, statement, plan, protocol or scheme required to be approved under condition 7.

• (5) Unless otherwise agreed in writing with the undertaker, the MMO must use reasonable endeavours to determine an application for approval made under condition 7 as soon as practicable and in any event within a period of four months commencing on the date the application is received by the MMO.

• (6) The licensed activities must be carried out in accordance with the plans, protocols, statements, schemes and details approved under condition 7, unless otherwise agreed in writing by the MMO.

• (7) No part of the authorised scheme may commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and, so far as is applicable to that stage of the project, adequately addressed MCA recommendations as appropriate to the authorised scheme contained within MGN543 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

Post-construction plans and documents

9

The undertaker must conduct a swath bathymetric survey to IHO S44ed5 Order 1a across the area(s) within the Order limits in which construction works were carried out and provide the data and survey report(s) to the MMO, MCA and UKHO.

Reporting of engaged agents, contractors and vessels

10

• (1) The undertaker must provide the following information to the MMO—

• (a) the name and function of any agent or contractor appointed to engage in the licensed activities within seven days of appointment; and

• (b) each week during the construction of the authorised scheme a completed Hydrographic Note H102 listing the vessels currently and to be used in relation to the licensed activities.

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

Pre-construction monitoring and surveys

11

• (1) The undertaker must, in discharging condition 7(1)(b), submit details (which accord with the offshore in principle monitoring plan) for written approval by the MMO in consultation with the relevant statutory bodies of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report; and—

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

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

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

• (a) appropriate surveys to determine the location and extent of any benthic communities/benthos constituting Annex 1 reef habitats of principal importance in whole or in part inside the area(s) within the Order limits in which it is proposed to carry out construction works; and

• (b) a full sea floor coverage swath-bathymetry survey that meets the requirements of IHO S44ed5 Order 1a, and side scan sonar, of the area(s) within the Order limits in which it is proposed to carry out construction works.

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

Construction monitoring

12

• (1) The undertaker must, in discharging condition 7(1)(b), submit details (which accord with the offshore in principle monitoring plan) for approval by the MMO in consultation with the relevant statutory nature conservation bodies of any proposed monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The survey proposals must specify each survey’s objectives.

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

Post construction

13

• (1) The undertaker must, in discharging condition 7(1)(b), submit details (which accord with the offshore in principle monitoring plan) for approval by the MMO in consultation with relevant statutory bodies of proposed post-construction surveys, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

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

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

• (b) within twelve months of completion of the licensed activities, one full sea floor coverage swath-bathymetry survey that meets the requirements of IHO S44ed5 Order 1a across the area(s) within the Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring or assessment as may be agreed to ensure that cables including fibre optic cables have been buried or protected.

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

• (4) Following installation of cables, the cable (including fibre optic cables) monitoring plan required under condition 7(1)(f)(iii) must be updated with the results of the post installation surveys. The plan must be implemented during the operational lifetime of the authorised scheme and reviewed as specified within the plan, following cable burial surveys, or as instructed by the MMO.

Reporting of cable protection

14

• (1) Not more than 4 months following completion of the construction phase of the authorised scheme, the undertaker must provide the MMO and the relevant statutory nature conservation bodies with a report setting out details of the cable protection used for the authorised scheme.

• (2) The report must include the following information—

• (a) location of the cable protection;

• (b) volume of cable protection; and

• (c) any other information relating to the cable protection as agreed between the MMO and the undertaker.

Coordination with Norfolk Vanguard Offshore Wind Farm

15

• (1) Prior to submission of each of the pre-construction plans and documentation required to be submitted under condition 7(1) above the undertaker must provide a copy of the relevant plans and documentation to the undertaker of the offshore element of the Norfolk Vanguard Offshore Wind Farm to enable that undertaker to provide any comments on the plans and documentation.

• (2) The undertaker must participate in liaison meetings with the undertaker of the offshore element of the Norfolk Vanguard Offshore Wind Farm as requested from time to time by the MMO in writing in advance, which meeting will be chaired by the MMO and may consider such matters as are determined by the MMO relating to the efficient operation of the offshore element of the authorised project and the offshore element of the Norfolk Vanguard Offshore Wind Farm.

SCHEDULE 14 — Hedgerows

PART 1 — Scenario 1 - Removal of Important Hedgerows

(1) Area	(2) Reference of hedgerow
District of Breckland	The important hedgerow marked 288 on the important hedgerows plan
District of Breckland	The important hedgerow marked 292 on the important hedgerows plan
District of Breckland	The important hedgerow marked 300 on the important hedgerows plan
District of Breckland	The important hedgerow marked 305 on the important hedgerows plan

PART 2 — Scenario 1 - Removal of Hedgerows

(1) Area	(2) Reference of hedgerow
District of Breckland	The hedgerow marked 289 on the important hedgerows plan
District of Breckland	The hedgerow marked 290 on the important hedgerows plan
District of Breckland	The hedgerow marked 298 on the important hedgerows plan
District of Breckland	The hedgerow marked 302 on the important hedgerows plan
District of Breckland	The hedgerow marked 304 on the important hedgerows plan
District of Breckland	The hedgerow marked 306 on the important hedgerows plan

PART 3 — Scenario 2 - Removal of Important Hedgerows

(1) Area	(2) Reference of hedgerow
District of North Norfolk	The Important hedgerow marked 2 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 4 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 6 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 8 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 16 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 23 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 24 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 26 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 28 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 29 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 30 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 31 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 32 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 33 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 34 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 36 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 38 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 39 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 41 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 42 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 43 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 44 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 49 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 50 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 52 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 64 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 65 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 66 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 67 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 68 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 69 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 73 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 74 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 75 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 76 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 77 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 78 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 79 on the important hedgerows plan
District of North Norfolk	The Important hedgerow marked 81 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 83 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 84 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 85 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 86 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 87 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 88 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 89 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 90 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 91 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 92 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 93 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 94 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 95 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 96 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 112 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 113 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 114 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 117 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 137 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 138 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 148 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 154 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 155 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 156 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 157 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 159 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 160 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 161 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 162 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 168 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 169 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 173 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 174 on the important hedgerows plan
District of Broadland	The Important hedgerow marked 175 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 176 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 180 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 181 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 193 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 194 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 195 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 196 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 197 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 198 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 199 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 200 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 201 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 202 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 203 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 204 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 223 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 224 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 234 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 235 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 236 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 237 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 239 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 240 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 241 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 242 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 243 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 250 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 251 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 252 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 253 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 254 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 255 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 256 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 257 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 258 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 260 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 261 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 262 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 267 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 268 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 269 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 270 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 271 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 272 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 273 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 274 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 275 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 276 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 277 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 279 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 280 on the important hedgerows plan
District of Breckland	The Important hedgerow marked 281 on the important hedgerows plan
District of Breckland	The important hedgerow marked 288 on the important hedgerows plan
District of Breckland	The important hedgerow marked 291 on the important hedgerows plan
District of Breckland	The important hedgerow marked 292 on the important hedgerows plan
District of Breckland	The important hedgerow marked 293 on the important hedgerows plan
District of Breckland	The important hedgerow marked 295 on the important hedgerows plan
District of Breckland	The important hedgerow marked 296 on the important hedgerows plan
District of Breckland	The important hedgerow marked 308 on the important hedgerows plan
District of Breckland	The important hedgerow marked 309 on the important hedgerows plan
District of Breckland	The important hedgerow marked 305 on the important hedgerows plan
District of Breckland	The important hedgerow marked 307 on the important hedgerows plan
District of Breckland	The important hedgerow marked 310 on the important hedgerows plan
District of Breckland	The important hedgerow marked 311 on the important hedgerows plan
District of Breckland	The important hedgerow marked 313 on the important hedgerows plan
District of Breckland	The important hedgerow marked 314 on the important hedgerows plan

PART 4 — Scenario 2 - Removal of Potentially Important Hedgerows

(1) Area	(2) Reference of hedgerow
District of North Norfolk	The Potentially Important hedgerow marked 9 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 10 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 11 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 12 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 13 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 14 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 17 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 18 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 19 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 20 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 21 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 22 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 25 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 27 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 35 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 45 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 46 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 47 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 48 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 54 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 55 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 56 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 57 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 58 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 59 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 60 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 61 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 62 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 63 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 70 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 71 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 72 on the important hedgerows plan
District of North Norfolk	The Potentially Important hedgerow marked 82 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 98 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 99 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 100 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 101 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 102 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 103 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 104 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 105 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 106 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 107 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 108 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 109 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 110 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 111 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 115 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 116 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 118 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 120 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 121 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 122 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 123 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 124 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 125 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 126 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 127 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 128 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 129 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 130 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 131 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 132 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 133 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 134 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 135 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 136 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 150 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 151 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 152 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 153 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 163 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 164 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 165 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 166 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 167 on the important hedgerows plan
District of Broadland	The Potentially Important hedgerow marked 172 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 177 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 178 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 179 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 182 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 183 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 184 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 185 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 186 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 187 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 188 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 190 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 191 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 205 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 206 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 207 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 208 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 209 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 210 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 211 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 212 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 213 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 214 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 215 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 216 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 217 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 218 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 219 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 220 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 221 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 222 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 225 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 226 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 227 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 228 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 229 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 230 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 231 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 232 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 233 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 248 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 249 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 263 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 264 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 265 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 266 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 278 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 282 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 283 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 284 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 285 on the important hedgerows plan
District of Breckland	The Potentially Important hedgerow marked 286 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 287 on the important hedgerows plan
District of Breckland	The potentially important hedgerow marked 297 on the important hedgerows plan

PART 5 — Scenario 2 - Removal of Hedgerows

(1) Area	(2) Reference of hedgerow
District of North Norfolk	The hedgerow marked 1 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 3 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 5 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 7 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 15 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 37 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 40 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 51 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 53 on the important hedgerows plan
District of North Norfolk	The hedgerow marked 80 on the important hedgerows plan
District of Broadland	The hedgerow marked 97 on the important hedgerows plan
District of Broadland	The hedgerow marked 119 on the important hedgerows plan
District of Broadland	The hedgerow marked 139 on the important hedgerows plan
District of Broadland	The hedgerow marked 140 on the important hedgerows plan
District of Broadland	The hedgerow marked 141 on the important hedgerows plan
District of Broadland	The hedgerow marked 142 on the important hedgerows plan
District of Broadland	The hedgerow marked 143 on the important hedgerows plan
District of Broadland	The hedgerow marked 144 on the important hedgerows plan
District of Broadland	The hedgerow marked 145 on the important hedgerows plan
District of Broadland	The hedgerow marked 146 on the important hedgerows plan
District of Broadland	The hedgerow marked 147 on the important hedgerows plan
District of Broadland	The hedgerow marked 149 on the important hedgerows plan
District of Broadland	The hedgerow marked 158 on the important hedgerows plan
District of Broadland	The hedgerow marked 170 on the important hedgerows plan
District of Broadland	The hedgerow marked 171 on the important hedgerows plan
District of Breckland	The hedgerow marked 189 on the important hedgerows plan
District of Breckland	The hedgerow marked 192 on the important hedgerows plan
District of Breckland	The hedgerow marked 238 on the important hedgerows plan
District of Breckland	The hedgerow marked 244 on the important hedgerows plan
District of Breckland	The hedgerow marked 245 on the important hedgerows plan
District of Breckland	The hedgerow marked 246 on the important hedgerows plan
District of Breckland	The hedgerow marked 247 on the important hedgerows plan
District of Breckland	The hedgerow marked 259 on the important hedgerows plan
District of Breckland	The hedgerow marked 289 on the important hedgerows plan
District of Breckland	The hedgerow marked 290 on the important hedgerows plan
District of Breckland	The hedgerow marked 294 on the important hedgerows plan
District of Breckland	The hedgerow marked 299 on the important hedgerows plan
District of Breckland	The hedgerow marked 301 on the important hedgerows plan
District of Breckland	The hedgerow marked 302 on the important hedgerows plan
District of Breckland	The hedgerow marked 303 on the important hedgerows plan
District of Breckland	The hedgerow marked 304 on the important hedgerows plan
District of Breckland	The hedgerow marked 306 on the important hedgerows plan

SCHEDULE 15 — Arbitration Rules

Primary objective

1

• (1) The primary objective of these Arbitration Rules is to achieve a fair, impartial, final and binding award on the substantive difference between the parties (save as to costs) within 4 months from the date the Arbitrator is appointed pursuant to article 38 (arbitration) of the Order.

• (2) The Parties will first use their reasonable endeavours to settle a dispute amicably through negotiations undertaken in good faith by the senior management of the Parties. Any dispute which is not resolved amicably by the senior management of the Parties within 20 business days of the dispute arising, or such longer period as agreed in writing by the Parties, shall be subject to arbitration in accordance with the terms of this Schedule.

• (3) The Arbitration is deemed to have commenced when a party (“the Claimant”) serves a written notice of arbitration on the other party (“the Respondent”).

Time periods

2

• (1) All time periods in these Arbitration Rules are measured in days and include weekends, but not bank or public holidays.

• (2) Time periods are calculated from the day after the Arbitrator is appointed which is either:

• (a) the date the Arbitrator notifies the parties in writing of his/her acceptance of an appointment by agreement of the parties; or

• (b) the date the Arbitrator is appointed by the Secretary of State.

Timetable

3

• (1) The timetable for the Arbitration is set out in sub–paragraphs (2) to (4) below unless amended in accordance with paragraph 5(3).

• (2) Within 14 days of the Arbitrator being appointed, the Claimant must provide both the Respondent and the Arbitrator with—

• (a) a written Statement of Claim which describes the nature of the difference between the parties, the legal and factual issues, the Claimant’s contentions as to those issues, the amount of its claim and/or the remedy it is seeking; and

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports.

• (3) Within 14 days of receipt of the Claimant’s statements under sub–paragraph (2) by the Arbitrator and Respondent, the Respondent must provide the Claimant and the Arbitrator with—

• (a) a written Statement of Defence responding to the Claimant’s Statement of Claim, its statement in respect of the nature of the difference, the legal and factual issues in the Claimant’s claim, its acceptance of any element(s) of the Claimant’s claim, its contentions as to those elements of the Claimant’s claim it does not accept;

• (b) all statements of evidence and copies of all documents on which it relies, including contractual documentation, correspondence (including electronic documents), legal precedents and expert witness reports; and

• (c) any objections it wishes to make to the Claimant’s statements, comments on the Claimant’s expert report(s) (if submitted by the Claimant) and explanations for the objections.

• (4) Within 7 days of the Respondent serving its statements under sub–paragraph (3), the Claimant may make a Statement of Reply by providing both the Respondent and the Arbitrator with—

• (a) a written statement responding to the Respondent’s submissions, including its reply in respect of the nature of the difference, the issues (both factual and legal) and its contentions in relation to the issues;

• (b) all statements of evidence and copies of documents in response to the Respondent’s submissions;

• (c) any expert report in response to the Respondent’s submissions;

• (d) any objections to the statements of evidence, expert reports or other documents submitted by the Respondent; and

• (e) its written submissions in response to the legal and factual issues involved.

Procedure

4

• (1) The parties’ pleadings, witness statements and expert reports (if any) must be concise. No single pleading is to exceed 30 single-sided A4 pages using 10pt Arial font.

• (2) The Arbitrator must make an award on the substantive difference(s) based solely on the written material submitted by the parties unless the Arbitrator decides that a hearing is necessary to explain or resolve any matters.

• (3) Either party may, within 2 days of delivery of the last submission, request a hearing giving specific reasons why it considers a hearing is required.

• (4) Within 7 days of receiving the last submission, the Arbitrator must notify the parties whether a hearing is to be held and the length of that hearing.

• (5) Within 10 days of the Arbitrator advising the parties that he is to hold a hearing, the date and venue for the hearing must be fixed by agreement with the parties, save that if there is no agreement the Arbitrator must direct a date and venue which he considers is fair and reasonable in all the circumstances. The date for the hearing must not be less than 35 days from the date of the Arbitrator’s direction confirming the date and venue of the hearing.

• (6) A decision must be made by the Arbitrator on whether there is any need for expert evidence to be submitted orally at the hearing. If oral expert evidence is required by the Arbitrator, then any expert(s) attending the hearing may be asked questions by the Arbitrator.

• (7) There is no process of examination and cross-examination of experts, but the Arbitrator must invite the parties to ask questions of the experts by way of clarification of any answers given by the expert(s) in response to the Arbitrator’s questions. Prior to the hearing the procedure for the expert(s) is:

• (a) at least 28 days before a hearing, the Arbitrator must provide a list of issues to be addressed by the expert(s);

• (b) if more than one expert is called, they are to jointly confer and produce a joint report or reports within 14 days of the issues being provided; and

• (c) the form and content of a joint report must be as directed by the Arbitrator and must be provided at least 7 days before the hearing.

• (8) Within 14 days of a Hearing or a decision by the Arbitrator that no hearing is to be held the Parties may by way of exchange provide the Arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The Arbitrator must take these submissions into account in the Award.

• (9) The Arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within 4 months of the date on which they are appointed, unless both parties otherwise agree to an extension to the date for the award.

• (10) If a party fails to comply with the timetable, procedure or any other direction then the Arbitrator may continue in the absence of a party or submission or document, and may make a decision on the information before them attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure and/or direction.

• (11) The Arbitrator’s award must include reasons. The parties must accept that the extent to which reasons are given are proportionate to the issues in dispute and the time available to the Arbitrator to deliver the award.

Arbitrator’s powers

5

• (1) The Arbitrator has all the powers of the Arbitration Act 1996[^f00061], including the non-mandatory sections, save where modified by these Rules.

• (2) There must be no discovery or disclosure, except that the Arbitrator has the power to order the parties to produce such documents as are reasonably requested by another party no later than the Statement of Reply, or by the Arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders are to be made by way of a Redfern Schedule without any hearing.

• (3) Any time limits fixed in accordance with this procedure or by the Arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the Arbitrator. In the absence of agreement, the Arbitrator may vary the timescales and/or procedure—

• (a) if the Arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice; and then

• (b) only for such a period that is necessary to achieve fairness between the parties.

• (4) On the date the award is made, the Arbitrator must notify the parties that the award is completed, signed and dated, and that it is to be issued to the parties on receipt of cleared funds for the Arbitrator’s fees and expenses.

Costs

6

• (1) The costs of the Arbitration must include the fees and expenses of the Arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the Arbitration.

• (2) Where the difference involves connected/interrelated issues, the Arbitrator must consider the relevant costs collectively.

• (3) The final award must fix the costs of the arbitration and decide which of the parties must bear them or in what proportion they are to be borne by the parties.

• (4) The Arbitrator must award recoverable costs on the general principle that costs follow the event, having regard to all material circumstances, including such matters as exaggerated claims and/or defences, the degree of success for different elements of the claims, claims that have incurred substantial costs, the conduct of the parties and the degree of success of a party.

Confidentiality

7

• (1) Subject to sub-paragraphs (2), (3) and (4), any arbitration hearing and documentation shall be open to and accessible by the public.

• (2) Where the Arbitration relates to a dispute or difference under the provisions of Schedule 17, the hearings must take place in private unless otherwise agreed between the parties and any matters, materials, documents, awards, expert reports and the like are confidential and must not be disclosed to any third party without prior written consent of the other party.

• (3) The Arbitrator may direct that the whole or part of a hearing is to be private and/or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.