The Norfolk Boreas Offshore Wind Farm Order 2021

The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved by the relevant drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part.

81

Any dispute between the undertaker and the relevant drainage authority under this Part, if the parties agree, must be determined by arbitration under article 38 (arbitration), but otherwise must be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Energy Security and Net Zero acting jointly on a reference to them by the undertaker or the relevant drainage authority, after notice in writing by one to the other.

PART 8 — For the protection of Ørsted Hornsea Project Three (UK) Ltd

82

The provisions of this Part apply for the protection of Orsted unless otherwise agreed in writing between the undertaker and Orsted.

83

In this Part—

• “apparatus” means the cables, structures or other infrastructure owned, occupied or maintained by Orsted or its successor in title within the Hornsea Three Order Land;

• “construction” includes execution, placing, altering, replacing, reconstruction, relaying, maintenance, extensions, enlargement and removal; and “construct” and “constructed” must be construed accordingly;

• “Crossing Area” means the land within land parcel 21/08 shown on the land plans and described in the book of reference;

• “Orsted” means an undertaker with the benefit of all or part of the Hornsea Three Order for the time being;

• “Hornsea Three Order” means the development consent order made by the Secretary of State in relation to Hornsea Three Offshore Wind Farm on 31st December 2020[^f00073];

• “Hornsea Three Order land” means Order land as defined in the Hornsea Three Order;

• “plans” includes sections, drawings, specifications, designs, design data, software, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of the Hornsea Three Order land;

• “proposed Hornsea Three Cable Corridor” means the proposed location for any electrical circuit(s) and construction compound(s) permitted by the Hornsea Three Order within the Hornsea Three Order land;

• “specified works” means so much of any works or operations authorised by this Order (or authorised by any planning permission intended to operate in conjunction with this Order) as is—within the Crossing Area;in, on, under, over or within 25 metres of the proposed Hornsea Three Cable Corridor or any apparatus; ormay in any way adversely affect any apparatus.

84

The consent of Orsted under this Part is not required where the Hornsea Three Order has expired without the authorised development having been commenced pursuant to paragraph 1 of Part 3 of Schedule 12 to the Hornsea Three Order.

85

Where conditions are included in any consent granted by Orsted pursuant to this Part, the undertaker must comply with the conditions if it chooses to implement or rely on the consent, unless the conditions are waived or varied in writing by Orsted.

86

The undertaker must not under the powers of this Order—

• (a) acquire, extinguish, suspend, override or interfere with any rights that Orsted has in respect of any apparatus or the proposed Hornsea Three Cable Corridor; or

• (b) acquire the Hornsea Three Order land or acquire any new rights or impose restrictive covenants or exercise any powers of temporary use over or in relation to the Hornsea Three Order land without the consent of Orsted, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions.

87

• (1) The undertaker must not under the powers of this Order carry out any specified works without the consent of Orsted, which must not be unreasonably withheld or delayed but which may be made subject to reasonable conditions and if Orsted does not respond within 30 days then consent is deemed to be given.

• (2) Subject to obtaining consent pursuant to sub-paragraph (1) and before beginning to construct any specified works, the undertaker must submit plans of the specified works to Orsted and must submit such further particulars available to it that Orsted may reasonably require.

• (3) Any specified works must be constructed without unreasonable delay in accordance with the plans approved in writing by Orsted.

• (4) Any approval of Orsted required under this paragraph may be made subject to such reasonable conditions as may be required for the protection or alteration of any apparatus or the proposed Hornsea Three Cable Corridor or for securing access to any apparatus or the proposed Hornsea Three Cable Corridor;

• (5) Without limiting sub-paragraph (1), it is not reasonable for Orsted to withhold or delay any consent or approval under this Part in relation to specified works in, on, under, or over the Crossing Area solely on the basis of thermal interaction where the plans of the specified works submitted under sub-paragraph (2) demonstrate that all reasonable steps have been taken to minimise thermal interaction between the specified works and any apparatus or the proposed Hornsea Three Cable Corridor.

• (6) Where Orsted requires any protective works to be carried out either by themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to Orsted’s reasonable satisfaction.

• (7) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any specified works, new plans instead of the plans previously submitted, and the provisions of this paragraph shall apply to and in respect of the new plans.

88

• (1) The undertaker must give to Orsted not less than 28 days’ written notice of its intention to commence the construction of the specified works and, not more than 14 days after completion of their construction, must give Orsted written notice of the completion.

• (2) The undertaker is not required to comply with paragraph 87 or sub-paragraph (1) in a case of emergency, but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonable practicable subsequently and must comply with paragraph 87 in so far as is reasonably practicable in the circumstances.

89

The undertaker must at all reasonable times during construction of the specified works allow Orsted and its servants and agents access to the specified works and all reasonable facilities for inspection of the specified works.

90

• (1) After the purpose of any temporary works has been accomplished, the undertaker must with all reasonable dispatch, or after a reasonable period of notice in writing from Orsted requiring the undertaker to do so, remove the temporary works in, on, under, over, or within the Crossing Area.

• (2) If the undertaker fails to remove the temporary works within a reasonable period of receipt of a notice pursuant to sub-paragraph (1), Orsted may remove the temporary works and may recover the reasonable costs of doing so from the undertaker.

91

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable Orsted to maintain or use the apparatus no less effectively than was possible before the obstruction.

92

The undertaker must not exercise the powers conferred by this Order to prevent or interfere with the access by Orsted to the proposed Hornsea Three Cable Corridor.

93

To ensure its compliance with this Part, the undertaker must before carrying out any works or operations pursuant to this Order within the Crossing Area request up-to-date written confirmation from Orsted of the location of any apparatus or the proposed Hornsea Three Cable Corridor.

94

The undertaker and Orsted must each act in good faith and use reasonable endeavours to co-operate with, and provide assistance to, each other as may be required to give effect to the provisions of this Part.

95

The undertaker must pay to Orsted the reasonable expenses incurred by Orsted in connection with the approval of plans, inspection of any specified works or the alteration or protection of any apparatus or the proposed Hornsea Three Cable Corridor.

96

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any specified works, any damage is caused to any apparatus or there is any interruption in any service provided, or in the supply of any goods, by Orsted, or Orsted becomes liable to pay any amount to any third party, the undertaker must—

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

• (b) compensate Orsted for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Orsted, by reason or in consequence of any such damage or interruption or Orsted becoming liable to any third party as aforesaid.

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

• (3) Orsted must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made, unless payment is required in connection with a statutory compensation scheme without first consulting the undertaker and considering its representations.

• (4) Orsted must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 96 applies. If requested to do so by the undertaker, Orsted shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 96 for claims reasonably incurred by Orsted.

• (5) The fact that any work or thing has been executed or done with the consent of Orsted and in accordance with any conditions or restrictions prescribed by Orsted or in accordance with any plans approved by Orsted or to its satisfaction or in accordance with any directions or award of any arbitrator does not relieve the undertaker from any liability under this Part.

97

Any dispute arising between the undertaker and Orsted under this Part must be determined by arbitration under article 38 (arbitration).

PART 9 — For the protection of Norfolk Vanguard Limited

Application

98

In the event of scenario 1 this Part applies for the protection of the statutory undertaker and the following provisions, unless otherwise agreed in writing between the undertaker and the statutory undertaker concerned, have effect.

Interpretation

99

In this Part of this Schedule—

• “1991 Act” means the New Roads and Street Works Act 1991;

• “alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of the statutory undertaker to enable the statutory undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means, electric lines or electrical plant as defined in the 1989 Act, belonging to or maintained by that undertaker;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

• “maintain” and “maintenance” include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of the statutory undertaker including construct, use, repair, alter, inspect, renew or remove the apparatus;

• “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

• “undertaker” means the undertaker who owns and/or operates the transmission assets under this Order; and

• “statutory undertaker” means, for the area of the authorised development, and in relation to any apparatus, the statutory undertaker who owns and/or operates the transmission assets for the Norfolk Vanguard Offshore Wind Farm.

Acquisition of land

100

Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to this Order, the undertaker must not acquire any interest in land or any apparatus or override any easement or other interest of the statutory undertaker otherwise than by agreement, such agreement not to be unreasonably withheld or delayed.

Removal of apparatus

101

• (1) If, in the exercise of the agreement reached in accordance with paragraph 100 or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed and any right of a statutory undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of the statutory undertaker in question in accordance with sub-paragraph (2) to (5) inclusive.

• (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under the Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the statutory undertaker 56 days’ advance written notice of that requirement (or such lesser period of notice agreed by the statutory undertaker, acting reasonably), together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by the Order a statutory undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the statutory undertaker to their reasonable satisfaction (taking into account paragraph 102(1) below) the necessary facilities and rights—

• (a) for the construction of alternative apparatus in other land of the undertaker; and

• (b) subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the statutory undertaker must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed except that this obligation does not extend to the requirement for the statutory undertaker to use its compulsory purchase powers to this end unless it elects to so do.

• (4) Any alternative apparatus to be constructed in land of the undertaker must be constructed in such manner and in such line or situation as may be reasonably agreed between the statutory undertaker and the undertaker.

• (5) The statutory undertaker must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions hereof.

Facilities and rights for alternative apparatus

102

• (1) Where, in accordance with the provisions hereof, the undertaker affords to a statutory undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be reasonably agreed between the undertaker and the statutory undertaker and must be no less favourable on the whole to the statutory undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by the statutory undertaker (acting reasonably).

• (2) If the facilities and rights to be afforded by the undertaker and agreed with the statutory undertaker under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the statutory undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that statutory undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection: electricity undertakers

103

• (1) Not less than 56 days (or such lesser period agreed by the statutory undertaker, acting reasonably) before commencing the execution of any works authorised by the Order that are near to, or will or may affect any apparatus the removal of which has not been required by the undertaker under paragraph 101(2) or otherwise, the undertaker must submit to the statutory undertaker a plan of such works.

• (2) In relation to works which will or may be situated on, over, under or within five metres measured in any direction of any apparatus, or involve embankment works within 5 metres of any apparatus, the plan to be submitted to the statutory undertaker under sub-paragraph (1) must be detailed including a material statement and describing—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation and positioning of plant;

• (d) the position of all apparatus; and

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus.

• (3) The undertaker must not commence the construction or renewal of any works to which subparagraph (1) or (2) applies until the statutory undertaker has given written approval of the plan so submitted.

• (4) Any approval of the statutory undertaker required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7); and

• (b) must not be unreasonably withheld or delayed.

• (5) In relation to a work to which sub-paragraph (1) or (2) applies, the statutory undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus provided that such modifications are requested within a period of 56 days beginning with the date on which the plan under sub-paragraph (1) is submitted to it (or such lesser period agreed by the statutory undertaker, acting reasonably). For the avoidance of doubt, provided that any further iterations of the plan submitted to the statutory undertaker for approval as a result of modifications required under this paragraph are not materially different to the modifications previously requested by the statutory undertaker, any further required modifications will be requested by the statutory undertaker as soon as reasonably practicable thereafter and in any event within 21 days of receipt of any further plans.

• (6) Works executed under the Order must be executed only in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub paragraph (2), as amended from time to time by agreement between the undertaker and the statutory undertaker and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (5) or (7) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker is entitled to watch and inspect the execution of those works.

• (7) Where statutory undertakers require any protective works to be carried out either themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to the statutory undertaker’s satisfaction prior to the carrying out of any works authorised by the Order or any relevant part thereof (unless otherwise agreed by the statutory undertaker, acting reasonably) and the statutory undertaker must give notice of such works as soon as reasonably practicable and in any event within 56 days from the date of submission of a plan in line with sub-paragraph (1) or (2) (except in an emergency).

• (8) If a statutory undertaker in accordance with sub-paragraph (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 101 and 102 apply as if the removal of the apparatus had been required by the undertaker under paragraph 102(2).

• (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works (unless otherwise agreed by the statutory undertaker, acting reasonably), a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (10) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to the statutory undertaker notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances.

Expenses

104

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to the statutory undertaker on demand all charges, costs and expenses reasonably and properly incurred by that statutory undertaker in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to herein including without limitation—

• (a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that the statutory undertaker elects to use powers of compulsory acquisition to acquire any necessary rights under paragraph 102(3) all costs incurred as a result of such action;

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (d) the approval of plans;

• (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and

• (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to herein.

• (2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions hereof and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

• (3) If in accordance with the provisions hereof—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or in default of agreement settled by arbitration in accordance with article 38 (arbitration) of the Order to be necessary, then, if such placing involves cost in the construction of works under the provisions hereof exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs must be borne by the undertaker.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to the statutory undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Compensation

105

• (1) Subject to sub-paragraphs (2), (3) and (4), if by reason or in consequence of the construction of any such works authorised herein or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under the provisions herein or any subsidence resulting from any of these works), any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the statutory undertaker, or there is any interruption in any service provided, or in the supply of any goods, by the statutory undertaker, or the statutory undertaker becomes liable to pay any amount to any third party, the undertaker must—

• (a) bear and pay on demand the cost reasonably incurred by the statutory undertaker in making good such damage or restoring the supply; and

• (b) compensate the statutory undertaker for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from the statutory undertaker, by reason or in consequence of any such damage or interruption or the statutory undertaker becoming liable to any third party in accordance with the provisions of this part.

• (2) The fact that any act or thing may have been done by the statutory undertaker on behalf of the undertaker or in accordance with a plan approved by the statutory undertaker or in accordance with any requirement of the statutory undertaker or under its supervision does not (subject to sub-paragraph (3)), excuse the undertaker from liability under the provisions of this paragraph.

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

• (4) The statutory undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without first consulting the undertaker and considering their representations (such representations not to be unreasonably withheld or delayed).

• (5) The statutory undertaker must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the compensation under this paragraph 105 applies. If requested to do so by the undertaker, the statutory undertaker shall provide an explanation of how the claim has been minimised. The undertaker shall only be liable under this paragraph 105 for claims reasonably incurred by the statutory undertaker.

Enactments and agreements

106

Nothing herein affects the provisions of any enactment or agreement regulating the relations between the undertaker and the statutory undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

107

Where in consequence of the proposed construction of any of the authorised development, the undertaker or the statutory undertaker requires the removal of apparatus under paragraph 101 or a statutory undertaker makes requirements for the protection or alteration of apparatus under paragraph 102 the undertaker must use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the statutory undertaker’s undertaking and the statutory undertaker must use its reasonable endeavours to co-operate with the undertaker for that purpose.

Access

108

If in consequence of the agreement reached in accordance with paragraph 100 or the powers granted under the Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as enables the statutory undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

109

Save for differences or disputes arising under paragraph 101(2), 101(4), 102(1) and 103, any difference or dispute arising between the undertaker and the statutory undertaker must, unless otherwise agreed in writing between the undertaker and the statutory undertaker, be determined by arbitration in accordance with article 38 (arbitration) of the Order.

SCHEDULE 18 — Documents to be Certified

PART 1 — Documents forming the environmental statement to be certified

Application Document No.	Examination Library Reference	Document Description	Version	Date
6.1	APP-214 – APP-247	The environmental statement	1	11 June 2019
6.2	APP-248 – APP-536	Figures	1	11 June 2019
6.3	APP-537 – APP-685	Technical Appendices	1	11 June 2019
Examination documents forming part of the environmental statement	Examination documents forming part of the environmental statement	Examination documents forming part of the environmental statement	Examination documents forming part of the environmental statement	Examination documents forming part of the environmental statement
Application Document No.(and relevant ES Chapters)	Examination Library Reference(and relevant ES Chapter reference)	Document Description	Version	Date
ExA.AS-3.D1.V1(Chapter 20)(Chapter 22)	REP1-039(APP-233)(APP-235)	Clarification Note Trenchless Crossings and Potential Effects of Breakout on the River Wensum	1	Deadline 1 / 25 November 2019
ExA.AS-1.D2.V1(Chapter 13)	REP2-035(APP-226)	Norfolk Boreas Offshore Ornithology Assessment Updated + Appendices	1	Deadline 2 / 10 December 2019
ExA.AS-3.D2.V1(Chapter 19)	REP2-014 – REP2-019(APP-232)	TerraConsult Ground Investigations Report: Parts 1-6	1	Deadline 2 / 10 December 2019
ExA.SoCG-3.D2.V1(Chapter 25)(Chapter 26)	REP10-036(APP-238)(APP-239)	Norfolk Boreas Broadland District Council Statement of Common Ground – Appendix 1 Norfolk Vanguard The Old Railway Gatehouse Noise Mitigation Measures and Air Quality Assessment	4	Deadline 10 / 6 May 2020
ExA.SoCG-3.D2.V1(Chapter 24)	REP10-036(APP-237)	Norfolk Boreas Broadland District Council Statement of Common Ground – Appendix 2 Norfolk Vanguard Joint Position Statement with Broadland District Council – Cawston Conservation Area	4	Deadline 10 / 6 May 2020
ExA.SoCG-19.D2.V1(Chapter 24)	REP16-012(APP-237)	Norfolk Boreas Norfolk County Council Statement of Common Ground – Appendix 2 Norfolk Vanguard Technical Note Responding to Norfolk Council Council’s Request for Trenchless Crossings of the A1067 and B1149	4	Deadline 16 / 28 September 2020
ExA.AS-5.D5.V1(Chapter 13)	REP5-060(APP-226)	Kittiwake Flight Speed	1	Deadline 5 / 26 February 2020
ExA.AS-8.D5.V1(Chapter 13)	REP7-029 (APP-226)	Offshore Ornithology Assessment Update, Project Alone Collision Risk Modelling	2	10 December 2019
ExA.AS-1.D6.V1(Chapter 13)	REP8-025(APP-226)	Offshore Ornithology Assessment Update, Cumulative and In-combination Collision Risk Modelling	2	Deadline 8 / 08 April 2020
ExA.AS-2.D7.V1(Chapter 24)	REP7-033(APP-237)	Environmental assessment of trenchless crossings at the B1149	1	Deadline 7 / 31 March 2020
ExA.AS-2.D8.V1(Chapter 25)(Chapter 26)	REP8-028(APP-238)(APP-239)	Clarification Note Noise, Vibration and Air Quality potential effects of the revised Highway Intervention Scheme Cawston	1	Deadline 8 / 8 April 2020
ExA.AS-8.D4.V1(Chapter 9)(Chapter 10)	REP4-022(APP-222)(APP-223)	Clarification Note Optimising cable routeing through the HHW SAC	1	Deadline 4 / 30 January 2020
ExA.AS-6.D5.V1(Chapter 9)(Chapter 10)	REP5-057-REP5-058 (APP-222)(APP-223)	The Haisborough Hammond and Winterton Special Area of Conservation Position Paper and Appendix	1	Deadline 5 / 26 February 2020
ExA.AS-1.D10.V3(Chapter 9)(Chapter 10)	REP10-043(APP-222)(APP-223)	Updated Assessment of Additional Mitigation in the Haisborough Hammond and Winterton Special Area of Conservation	3	Deadline 10 / 6 May 2020
ExA.AS-2.D6.V1.A2(Chapter 9)(Chapter 10)	REP6-018(APP-222)(APP-223)	Additional information for the HHW SAC position paper. Annex 2 Cable Protection Decommissioning Evidence	1	Deadline 6 / 5 March 2020
ExA.AS-2.D6.V1.A3(Chapter 9)(Chapter 10)	REP6-020(APP-222)(APP-223)	Additional information for the HHW SAC position paper. Annex 3 Letter of comfort from BT	1	Deadline 6 / 5 March 2020
ExA.AS-2.D6.V1.A4(Chapter 9)(Chapter 10)	REP6-019APP-222APP-223	Additional information for the HHW SAC position paper. Annex 4 Updated Assessment of Additional Mitigation in the Haisborough Hammond and Winterton Special Area of Conservation	2	Deadline 6 / 5 March 2020
ExA.AS-4.D6.V1(Chapter 13)	REP6-021(APP-226)	Headroom Position Paper and Examples	1	Deadline 6 / 5 March 2020
ExA.AS-1.D8.V2(Chapter 24)	REP8-029	Updated Clarification Note Trenchless Crossings B1149 and Church Road, Colby	2	Deadline 8 / 08 April 2020

PART 2 — Other documents to be certified

Application Document No.	Examination Library Reference	Document Description	Version	Date
2.2	REP18-003 –REP18-008	Land plan (Onshore)	4	Deadline 18 / 12 October 2020
2.2	REP1-003	Land Plan (Offshore)	2	Deadline 1 / 25 November 2019
2.4	REP14-002 -REP14-005	Works plan	2	Deadline 14 / 25 August 2020
2.5	APP-011	Access to works plan	1	11 June 2019
2.6	APP-012	The Temporary stopping up of public Right of Way Plan	1	11 June 2019
2.7	APP-013	The streets to be temporarily stopped up plan	1	11 June 2019
2.11	REP14-006 – REP14-009	The Important hedgerows plan	1	Deadline 14 / 25 August 2020
2.12	APP-019	The private means of access to be permanently stopped up plan	1	11 June 2019
4.3	REP18-015	The book of reference	4	Deadline 18 / 12 October 2020
8.1	REP18-019	The outline code of construction practice	7	Deadline 18 / 12 October 2020
8.3	REP14-014 – REP14-019	The design and access statement	5	Deadline 14 / 25 August 2020
8.5	REP5-018...	The outline written scheme of investigation (onshore)	2	Deadline 5 / 26 February 2020
8.6	REP5-020...	The outline written scheme of investigation (offshore)	2	Deadline 5 / 26 February 2020
8.7	REP14-020 ...	The outline landscape and ecological management strategy	6	Deadline 14 / 25 August 2020
8.8	REP18-21-REP18-025	The outline traffic management plan	7	Deadline 18 / 12 October 2020
8.9	APP-700	The outline travel plan	1	11 June 2019
8.10	REP10-021 – REP10-023	The outline access management plan	1	Deadline 10 / 6 May 2020
8.11	REP5-029...	The outline offshore operations and maintenance plan	3	Deadline 5 / 26 February 2020
8.12	REP14-027 ...	The offshore in principle monitoring plan	5	Deadline 14 / 25 August 2020
8.13	REP5-033...	The draft marine mammal mitigation protocol	2	Deadline 5 / 26 February 2020
8.14	REP5-035...	The outline project environmental management plan	2	Deadline 5 / 26 February 2020
8.16	REP14-029 ...	The outline scour protection and cable protection plan	5	Deadline 14 / 25 August 2020
8.17	REP5-041...	The in principle Norfolk Boreas Southern North Sea Special Area of Conservation (SAC) Site Integrity plan	2	26 February 2020 / Deadline 5
8.18	APP-709	The outline marine traffic monitoring strategy	1	11 June 2019
8.19	APP-710	The outline fisheries liaison and co-existence plan	1	11 June 2019
. . .	. . .	. . .	5	Deadline 14 / 25 August 2020
8.20	REP14-031 ...	Outline Norfolk Boreas Haisborough Hammond and Winterton Special Area of Conservation Cable Specification, Installation and Monitoring Plan	3	Deadline 14 / 25 August 2020
8.21	APP-712	The outline operational drainage plan	1	11 June 2019
8.22	REP2-036	The outline skills and employment strategy	1	2 December 2020
8.23	REP5-034	The Development Principles: layout and design rules 2	1	26 February 2020
8.24	REP11-013	Alde-Ore Estuary Special Protection Area (SPA) - In principle Compensation	1	Deadline 11 / 11 May 2020
8.25	REP11-014	Haisborough, Hammond and Winterton Special Area of Conservation (SAC) – In Principle Compensation	1	Deadline 11 / 11 May 2020
8.26	REP11-012 & REP16-003	Flamborough and Filey Coast SPA – In principle Compensation and Addendum	1	Deadline 11 / 11 May 2020 and Deadline 16 / 28 September 2020
8.27		Onshore Project Substation Masterplan	1	25 June 2021

SCHEDULE 19 — Compensation to protect the coherence of the national site network

PART 1 — Flamborough and Filey Coast Special Protection Area: Delivery of measures to compensate for kittiwake loss

1

In this Part—

• “FFC” means the site designated as the Flamborough and Filey Coast Special Protection Area;

• “KIMP” means the kittiwake implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult kittiwakes from the FFC as a result of the authorised development;

• “kittiwake compensation plan” means the relevant principles for kittiwake compensation set out in the document certified as the In Principle Habitats Regulations Derogation, Provision of Evidence, Appendix 1 Flamborough and Filey Coast SPA In Principle Compensation by the Secretary of State for the purposes of this Order under article 37 (Certification of plans etc); and

• “KSG” means the Kittiwake Steering Group.

2

The authorised development may not be commenced until a plan for the work of the KSG has been submitted to and approved by the Secretary of State. Such plan must include:

• (a) terms of reference of the KSG:

• (b) details of the membership of the KSG;

• (c) details of the schedule of meetings, timetable for preparation of the KIMP and reporting and review periods; and

• (d) the dispute resolution mechanism.

3

Following consultation with the KSG, the KIMP must be submitted to and approved by the Secretary of State, in consultation with the local planning authority or authorities for the land containing the artificial nest sites, and the relevant statutory nature conservation body. The KSG must be consulted further as required during the approval process.

4

The KIMP must include measures to increase the number of adult kittiwakes available to recruit to the FFC in accordance with the principles contained in the kittiwake compensation plan, must contain the relevant matters identified in section 4.6.3 of the kittiwake compensation plan and must include in particular:

• (a) details of the location where the compensation measures will be delivered and the suitability of the site to deliver the measures (including why the location is appropriate ecologically and likely to support successful compensation);

• (b) details of landowner agreements demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the KIMP;

• (c) details of the design of the artificial nest structures, including the projected number of nests that will be accommodated on the structures, and how risks from avian or mammalian predation and unauthorised human access will be mitigated;

• (d) an implementation timetable for the delivery of the artificial nest structures that ensures all compensation measures are in place to allow four full kittiwake breeding seasons prior to the operation of any turbine forming part of the authorised development;

• (e) a maintenance schedule for the artificial nest structures;

• (f) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures;

• (g) provision for annual reporting to the Secretary of State, to include details of the number of birds colonising the site including:evidence of birdsprospecting; nesting attempts; egg laying; hatching;andfledging,to identifybarriers to breeding success and target alternative or adaptive compensationmeasures;

• (h) details of how natal dispersal and colony interchangewiththe FFC kittiwake colonyshould beinvestigated, potentiallyusingcolour-ringing of chicks; and

• (i) minutes from allconsultations with the KSG.

5

The undertaker must implement the measures as set out in the KIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the relevant local planning authority. In particular, no operation of any turbine forming part of the authorised development may begin until four full breeding seasons following the implementation of the measures set out in the KIMP have elapsed. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 March in each year and ended on 30 September.

6

The undertaker shall notify the Secretary of State of completion of implementation of the measures set out in the KIMP.

7

Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the relevant statutory nature conservation body. This must include details of any finding that the measures have been ineffective in securing an increase in the number of adult kittiwakes available to recruit to the FFC and, in such case, proposals to address this. Any proposals to address effectiveness must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body.

8

Unless otherwise agreed in writing by the Secretary of State or unless the measures set out in the KIMP have already been delivered, the undertaker must not commence construction of Work No.1 until it has first—

• (a) provided a reasonable estimate of the cost of delivery of the compensation measures; and

• (b) put in place either—

• (i) a guarantee in respect of the reasonable estimate of costs associated with the delivery of the compensation measures; or

• (ii) an alternative form of security for that purpose,

that has been approved by the Secretary of State.

9

The artificial nest structures installed under this Part must not be decommissioned without the written approval of the Secretary of State, in consultation with the relevant statutory nature conservation body. The artificial nest structures shall be maintained beyond the operational lifetime of the authorised development if they are colonised, and routine and adaptive management measures and monitoring must continue whilst the artificial nesting structures are in place.

10

The approved KIMP includes any amendments that may subsequently be agreed in writing by the Secretary of State, in consultation with the relevant statutory nature conservation body. Any amendments to or variations of the approved KIMP must be in accordance with the principles set out in the kittiwake compensation plan and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any new or materially different environmental effects from those considered in the kittiwake compensation plan.

11

In the event of any conflict or inconsistency between the terms of the kittiwake compensation plan and the provisions of this Order, the provisions of this Order shall prevail.

PART 2 — Alde-Ore Estuary Special Protection Area: Delivery of measures to compensate for the loss of lesser black-backed gull

12

In this Part—

• “AOE” means the site designated as the Alde-Ore Estuary Special Protection Area;

• “LBBGIMP” means the lesser black-backed gull implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult lesser black-backed gull from the AOE as a result of the authorised development;

• “LBBGSG” means the Lesser Black-Backed Gull Steering Group; and

• “lesser black-backed gull compensation plan” means the document certified as the In Principle Habitats Regulations Derogation, Provision of Evidence, Appendix 2 Alde-Ore Estuary SPA In Principle Compensation by the Secretary of State for the purposes of this Order under article 37 (Certification of plans etc).

13

The authorised development may not be commenced until a plan for the work of the LBBGSG has been submitted to and approved by the Secretary of State. Such plan must include:

• (a) terms of reference of the LBBGSG:

• (b) details of the membership of the LBBGSG;

• (c) details of the schedule of meetings, timetable for preparation of the LBBGIMP and reporting and review periods; and

• (d) the dispute resolution mechanism.

14

Following consultation with the LBBGSG, the LBBGIMP must be submitted to and approved by the Secretary of State, in consultation with the local planning authority or authorities for the land containing the predator control fencing, and the relevant statutory nature conservation body. The LBBGSG must be consulted further as required during the approval process.

15

The LBBGIMP must include measures to increase the number of adult lesser black-backed gulls available to recruit to the AOE in accordance with the principles contained in the lesser black-backed gull compensation plan, must contain the relevant matters identified in section 4.6.2 of the lesser black-backed gull compensation plan and must include in particular:

• (a) details of the location where the compensation measures will be delivered and the suitability of the site to deliver the measures (including why the location is appropriate ecologically and likely to support successful compensation);

• (b) details of landowner agreements demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the LBBGIMP;

• (c) details of the design of the predator control fencing including the type of fencing, the area and location of enclosure, and details of any other habitat management measures;

• (d) an implementation timetable for the delivery of the predator control fencing and any other habitat management measures that ensures all compensation measures are in place to allow four full lesser black-backed gull breeding seasons prior to the operation of any turbine forming part of the authorised development;

• (e) a fencing maintenance schedule;

• (f) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures; and

• (g) minutes from allconsultations with LBBGSG.

16

The undertaker must implement the measures as set out in the LBBGIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the relevant local planning authority. In particular, no operation of any turbine forming part of the authorised development may begin until four full breeding seasons following the implementation of the measures set out in the LBBGIMP have elapsed. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 March in each year and ended on 30 September.

17

The undertaker shall notify the Secretary of State of completion of implementation of the measures set out in the LBBGIMP.

18

Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the relevant statutory nature conservation body. This must include details of any finding that the measures have been ineffective in securing an increase in the number of adult lesser black-backed gulls available to recruit to the AOE and, in such case, proposals to address this. Any proposals to address effectiveness must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body.

19

Unless otherwise agreed in writing by the Secretary of State or unless the measures set out in the LBBGIMP have already been delivered, the undertaker must not commence construction of Work No.1 until it has first—

• (a) provided a reasonable estimate of the cost of delivery of the compensation measures; and

• (b) put in place either—

• (i) a guarantee in respect of the reasonable estimate of costs associated with the delivery of the compensation measures; or

• (ii) an alternative form of security for that purpose,

that has been approved by the Secretary of State.

20

The predator control fencing installed under this Part must not be decommissioned without the written approval of the Secretary of State, in consultation with the relevant statutory nature conservation body. The predator control fencing shall be maintained beyond the operational lifetime of the authorised developmentif the site is colonised. The routine and adaptive management measures, and monitoring should continue whilst the fencing is in place.

21

The approved LBBGIMP includes any amendments that may subsequently be agreed in writing by the Secretary of State, in consultation with the relevant statutory nature conservation body. Any amendments to or variations of the approved LBBGIMP must be in accordance with the principles set out in the lesser black-backed gull compensation plan and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any new or materially different environmental effects from those considered in the LBBGIMP.

22

In the event of any conflict or inconsistency between the terms of the lesser black-backed gull compensation plan and the provisions of this Order, the provisions of this Order shall prevail.

PART 3 — Haisborough, Hammond and Winterton Special Area of Conservation: Delivery of measures to compensate for cable installation and protection

23

In this Part—

• “BIMP” means the benthic implementation and monitoring plan for the delivery of measures to compensate for the cable installation and protection in the HHW SAC as a result of the authorised development;

• “BSG” means the benthic steering group who will shape and inform the scope and delivery of the BIMP;

• “completion report” means the report submitted to the Secretary of State pursuant to paragraph 33;

• “HHW SAC” means Haisborough, Hammond and Winterton Special Area of Conservation;

• “HHW SAC compensation plan” means the document certified as the In Principle Habitats Regulations Derogation, Provision of Evidence, Appendix 3 Haisborough, Hammond and Winterton SAC In Principle Compensation by the Secretary of State for the purposes of this Order under article 37 (Certification of plans etc);

• “Marine Recovery Fund” means the fund to be established and operated pursuant to section 292 of the Energy Act 2023 for the implementation of strategic compensation or any equivalent fund established by a Government body for that purpose; and

• “Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to compensate for impacts on protected features of the HHW SAC as a result of the authorised development, the sum of which will be agreed with Defra or any other organisation responsible for the operation of the Marine Recovery Fund.

24

The authorised development may not be commenced until a plan for the work of the BSG has been submitted to and approved by the Secretary of State. Such plan must include:

• (a) terms of reference of the BSG;

• (b) the membership of the BSG;

• (c) details of the schedule of meetings, timetable for preparation of the BIMP and reporting and review periods; and

• (d) the dispute resolution mechanism.

25

The BSG must be consulted on the proposed BIMP prior to the submission to the Secretary of State and must be consulted further as required during the approval process.

26

The undertaker will meet with and report to the BSG at least annually throughout the establishment and implementation phases of the BIMP and document the conclusions of the meetings.

27

The BIMP must be submitted to and approved by the Secretary of State, in consultation with the MMO and the relevant statutory nature conservation body.

28

The BIMP must accord with the relevant principles contained in the HHW SAC compensation plan, must contain the relevant matters identified in paragraph 141 of the HHW SAC compensation plan and must include provision for:

• (a) the identification and retrieval of marine debris; and

• (b) education, awareness and facilities to limit further marine debris,

which are described as Strand 2 and Strand 3 respectively in section 4.3.4 of the HHW SAC compensation plan.

29

The BIMP must include in particular:

• (a) details of any further survey work required to confirm the presence and condition of marine debris;

• (b) details of the location, nature and size of material to be removed from the HHW SAC, which should equate to no less than 8.3 hectares to compensate for the predicted effects of cable installation and protection;

• (c) a method statement for its removal, to include the vessel type, tools used and mitigation for how impacts on the surrounding habitat will be minimised;

• (d) a programme of works for removal which must ensure that 8.3 hectares of marine debris has been removed prior to commencement of any cable installation works in the HHW SAC;

• (e) proposals for monitoring in accordance with the principles set out in the HHW SAC compensation plan as well as proposals for reporting of monitoring;

• (f) success criteria, adaptive management measures, details of alternative search areas outside the HHW SAC to remove the required quantum of marine debris if 8.3 hectares cannot be recovered from the HHW SAC itself and details of further marine debris removal work that might be carried out if the actual effects of cable installation and protection on the HHW SAC are greater than anticipated;

• (g) programme of delivery for education, awareness and provision of facilities to reduce further marine debris from affecting the HHW SAC;

• (h) details of how all impacts to protected reef habitats within the HHW SAC will be avoided where possible; and

• (i) details of the locations for the disposal of dredged material, and evidence that the disposal mechanism will allow sediment to be retained within the sandbank system and avoid impacts to other features, particularly reef habitats.

30

The BIMP must be carried out as approved, unless otherwise agreed in writing by the Secretary of State in consultation with the MMO and the relevant statutory nature conservation body. ....

31

Unless otherwise agreed in writing with the Secretary of State, prior to the commencement of any cable installation works in the HHW SAC, the undertaker must—

• (a) provide a reasonable estimate of the cost of delivery of the compensation measures; and

• (b) put in place either—

• (i) a guarantee in respect of the reasonable estimate of costs associated with the delivery of the compensation measures; or

• (ii) an alternative form of security for that purpose,

that has been approved by the Secretary of State.

32

Unless otherwise agreed with the Secretary of State, results from the monitoring scheme must be submitted at least annually to the Secretary of State, the MMO and the relevant statutory nature conservation body. This must include details of any finding that the measures have been ineffective in securing an improvement in the condition of the HHW SAC and, in such case, proposals to address this. Any proposals to address effectiveness must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the MMO and the relevant statutory nature conservation body.

33

Subject to paragraph 35 and paragraph 38(b), a report which demonstrates completion of the activities required by the BIMP must be submitted to the Secretary of State within 12 months of completion of such activities.

34

The approved BIMP includes any amendments that may subsequently be agreed in writing by the Secretary of State, in consultation with the MMO and the relevant statutory nature conservation body. Any amendments to or variations of the BIMP must be in accordance with the principles set out in the HHW SAC compensation plan and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any new or materially different environmental effects from those considered in the HHW SAC compensation plan.

35

In the event of any conflict or inconsistency between the terms of the HHW SAC compensation plan and the provisions of this Order, the provisions of this Order shall prevail.

Signed

Signed by authority of the Secretary of State for Business, Energy & Industrial Strategy

Gareth Leigh — Head of Energy Infrastructure Planning — Department for Business, Energy & Industrial Strategy — 2021-12-10

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTES

This Order grants development consent for, and authorises Norfolk Boreas Limited to construct, operate and maintain a generating station located in the North Sea approximately 47km from the Norfolk coast, together with associated development. For the purposes of the development that it authorises Norfolk Boreas Limited is authorised by the Order compulsorily or by agreement to purchase land (including rights in land) and the right to use land, as well as to override easements and other rights. The Order also provides a defence to proceedings in respect of statutory nuisance and to discharge water. The Order imposes requirements in connection with the development for which it grants development consent.

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

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 37 (certification of plans, etc) of this Order may be inspected free of charge at the offices of North Norfolk District Council, Council Offices, Holt Road, Cromer, NR27 9EN.

Footnotes

[^f00001]: 2008 c. 29. Section 37 was amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 c. 20.

[^f00002]: S.I. 2009/2264.

[^f00003]: Section 61 was amended by section 128(2) and Schedule 13, paragraph 18 to the Localism Act 2011 c. 20 and by section 26 of the Infrastructure Act 2015 c. 7.

[^f00004]: Section 65 was amended by Schedule 13 paragraph 22(2) and Schedule 25, paragraph 1 to the Localism Act 2011 c. 20 and by section 27(1) of the Infrastructure Act 2015 c. 7.

[^f00005]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00006]: Section 74 was amended by sections 128(2) and 237 and by Schedule 13, paragraph 29 and Schedule 25, paragraph 1, to the Localism Act 2011 c. 20.

[^f00007]: S.I. 2017/572.

[^f00008]: Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 128(2) and Schedule 13, paragraphs 1 and 49(1) to (6) of the Localism Act 2011 c. 20.

[^f00009]: Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013 c. 27.

[^f00010]: Sections 114, 115 and 120 were amended by sections 128(2) and 140 and Schedule 13, paragraphs 1, 55(1), (2) and 60(1) and (3) of the Localism Act 2011 c. 20. Relevant amendments were made to section 115 by section 160(1) to (6) of the Housing and Planning Act 2016 c. 22.

[^f00011]: 1961 c. 33.

[^f00012]: 1965 c. 56.

[^f00013]: 1980 c. 66.

[^f00014]: 1981 c. 66.

[^f00015]: 1989 c. 29.

[^f00016]: 1990 c. 8.

[^f00017]: 1991 c. 22.

[^f00018]: 2003 c. 21.

[^f00019]: 2004 c. 20.

[^f00020]: 2008 c. 29.

[^f00021]: 2009 c. 23.

[^f00022]: S.I. 2016/1154.

[^f00023]: 1971 c. 80.

[^f00024]: S.I. 2020/1656.

[^f00025]: 1991 c. 56, “main river” is defined in section 113.

[^f00026]: 1981 c. 67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00027]: 1991 c. 59. Section 23 was amended by paragraph 192 of Schedule 22 to, the Environment Act 1995 c. 25, and by paragraph 32 of Schedule 2 to, the Flood and Water Management Act 2010 c. 29.

[^f00028]: “street authority” is defined in section 49, which was amended by paragraph 117 of Schedule 1 to the Infrastructure Act c. 7.

[^f00029]: SI 1997/1160.

[^f00030]: 2017 c. 20.

[^f00031]: 1991 c. 59.

[^f00032]: 1990 c. 43. Section 82 was amended by section 107 and paragraph 6 of Schedule 17 to the Environment Act 1995 c. 25, section 5 of the Noise and Statutory Nuisance Act 1993 c. 40, and section 103 of the Clean Neighbourhood and Environment Act 2005 c. 16 and section 79 was amended by sections 101 and 102 of the Clean Neighbourhoods and Environment Act 2005 c. 16, and by section 120 and paragraph 89 of Schedule 22 to the Environment Act 2005. There are other amendments which are not relevant to the Order.

[^f00033]: 1974 c. 40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990 c. 43. There are other amendments to the 1974 Act which are not relevant to the Order.

[^f00034]: Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 c. 18.

[^f00035]: 1991 c. 56. Section 106 was amended by sections 35(8)(a) and 43(2) and paragraph 1 of Schedule 2 to the Competition and Service (Utilities) Act 1992 c. 43 and sections 36(2) and 99 of the Water Act 2003 c. 37 and section 32, and paragraph 16(1) of Schedule 3 to, the Flood and Water Management Act 2010 c. 29.

[^f00036]: 1857 c. 81.

[^f00037]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 c. 22

[^f00038]: Inserted by section 202(2) of the Housing and Planning Act 2016 c. 22.

[^f00039]: Inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 c. 22.

[^f00040]: Inserted by section 202(1) of the Housing and Planning Act 2016 c. 22.

[^f00041]: S.I. 1997/1160.

[^f00042]: Section 105(2) was substituted by section 69(3) of the Energy Act 2008 c. 32.

[^f00043]: S.I 2016/765.

[^f00044]: S.I. 2017/1012.

[^f00045]: 1973 c. 26.

[^f00046]: S.I. 2011/934.

[^f00047]: S.I. 2017/1013.

[^f00048]: S.I. 2002/1355.

[^f00049]: S.I. 2011/934.

[^f00050]: S.I. 2017/1013.

[^f00051]: S.I. 2002/1355.

[^f00052]: S.I. 2011/934.