PART 1Preliminary

Citation and commencement

1.-(1) This Order may be cited as the Hornsea Two Offshore Wind Farm Order 2016.

(2) This Order comes into force on 7th September 2016.

Interpretation

2.-(1) In this Order-

"1961 Act" means the Land Compensation Act 1961(3);

"1965 Act" means the Compulsory Purchase Act 1965(4);

"1980 Act" means the Highways Act 1980(5);

"1981 Act" means the Compulsory Purchase (Vesting Declarations) Act 1981(6);

"1989 Act" means the Electricity Act 1989(7);

"1990 Act" means the Town and Country Planning Act 1990(8);

"1991 Act" means the New Roads and Street Works Act 1991(9);

"2003 Act" means the Communications Act 2003(10);

"2004 Act" means the Energy Act 2004(11);

"2008 Act" means the Planning Act 2008;

"2009 Act" means the Marine and Coastal Access Act 2009(12);

"ancillary works" means the ancillary works described in Part 2 of Schedule 1 (authorised project) and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;

"authorised development" means the development described in Part 1 of Schedule 1 and any other development authorised by this Order that is development within the meaning of section 32 of the 2008 Act;

"authorised project" means the authorised development and the ancillary works;

"book of reference" means the document certified as the book of reference by the Secretary of State under article 40 (certification of plans, etc.);

"Breesea" means Breesea Limited(13) (company number 07883217);

"commence" means commence any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development other than operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions and remedial work in respect of any contamination or other adverse ground conditions; and "commencement" must be construed accordingly;

"compensation compound" means a construction working site forming part of the associated development and shown coloured green on the compensation compounds plan, the purpose of which is to compensate the Hornsea Project One undertaker in the event that the use by the Hornsea Project One undertaker of the Hornsea Project One construction compounds is restricted or prevented by the undertaker carrying out authorised project;

"compensation compound access" means an access forming part of the associated development and shown coloured pink on the compensation compounds plan, the purpose of which is to access a compensation compound;

"compensation compounds plan" means the plans certified as the compensation compounds plan by the Secretary of State under article 40;

"connection works" means Work Nos. 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B and 10 and any related associated development;

"deemed marine licence" means a marine licence set out in Schedule 8, 9, 10 or 11;

"EIA Regulations" means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009;

"electrical circuit" means a number of electrical conductors necessary to transmit electricity between 2 points within the authorised development comprising-

and the electrical circuit may include 1 or more auxiliary cables (normally fibre-optic cables) for the purpose of control, monitoring, protection or general communications;

"electrical transmission station" means an onshore HVDC converter substation or HVAC substation required for connecting the electrical circuits to the National Grid;

"environmental statement" means the document certified as the environmental statement by the Secretary of State under article 40;

"gravity base foundation" means-

"highway" and "highway authority" have the same meaning as in the 1980 Act(14);

"Hornsea Project One construction compounds" means the working sites to be used in connection with the construction of the works authorised by the Hornsea One Offshore Wind Farm Order 2014(15) and forming part of the associated development authorised by that Order;

"Hornsea Project One undertaker" means Heron Wind Limited(16) (company number 07640868) or any other person who has the benefit of the Hornsea One Offshore Wind Farm Order 2014 in respect of the works or operations authorised by that Order that are landward of MHWS;

"HVAC" means high voltage alternating current;

"HVDC" means high voltage direct current;

"in-principle monitoring plan" means the document certified as the in-principle monitoring plan by the Secretary of State under article 40;

"intra-array electrical circuits" means the electrical circuits referred to in paragraph (b) of the description of Work No. 1A and in paragraph (b) of the description of Work No. 1B;

"intertidal area" means the area between MHWS and MLWS;

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

"land plans" means the plans certified as the land plans by the Secretary of State under article 40;

"LAT" means lowest astronomical tide;

"limits of deviation" means the limits of deviation for the Works shown on the works plans;

"local planning authority" means, in relation to any land or part of the authorised development, the district council or unitary authority for the area in which the land or part of the development is situated;

"main river" has the meaning given by the Water Resources Act 1991(17);

"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace any of the authorised development; and any derivative of "maintain" must be construed accordingly;

"marine export cable area" means the area described as such whose co-ordinates are set out in Part 1 of Schedule 1 and listed in the offshore works plans;

"MCA" means the Maritime and Coastguard Agency;

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

"MLWS" (mean low water springs) means the lowest level which spring tides reach on average over a period of time;

"MMO" means the Marine Management Organisation;

"mode of transmission" means whichever of the HVAC or HVDC technologies is chosen by the undertaker as the means of transmitting electricity by cable for the purposes of the authorised project;

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

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

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

"offshore HVDC converter substation" means a structure that contains equipment to convert HVAC electricity to HVDC electricity; it may also include a helicopter platform;

"offshore reactive compensation substation" means a structure housing electrical reactors for the purpose of limiting electrical losses in the course of HVAC transmission by providing reactive compensation; it may also include a helicopter platform;

"offshore works plans" means the part of the works plans described as the offshore works plans;

"onshore works plans" means the part of the works plans described as the onshore works plans;

"Optimus Wind" means Optimus Wind Limited(18) (company number 07883284);

"Order land" means the land shown on the land plans that is within the limits of land to be acquired or used and described in the book of reference;

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

"outline code of construction practice" means the document certified as the outline code of construction practice by the Secretary of State under article 40;

"outline ecological management plan" means the document certified as the outline ecological management plan by the Secretary of State under article 40;

"outline employment and skills plan" means the document certified as the outline employment and skills plan by the Secretary of State under article 40;

"outline landscape scheme and management plan" means the document certified as the outline landscape scheme and management plan by the Secretary of State under article 40;

"Project A works" means Work Nos. 1A, 2A, 3A, 4A, 5A, 6A, 7A, 8A and 9A;

"Project B works" means Work Nos. 1B, 2B, 3B, 4B, 5B, 6B, 7B, 8B and 9B;

"Requirements" means a Requirement set out in Part 3 of Schedule 1; and a reference to a numbered Requirement is a reference to the Requirement set out in the paragraph of that Part with the same number;

"shared works" means Work No. 10;

"street" means a street within the meaning of section 48 of the 1991 Act(19) together with land on the verge of a street or between 2 carriageways and includes part of a street;

"street authority", in relation to a street, has the same meaning as in Part 3 of the 1991 Act(20);

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

"trenchless technique" means a method of installation that allows ducts and cables to be installed under an obstruction without breaking open the ground and digging a trench (examples of such techniques include horizontal directional drilling, thrust boring, auger boring and pipe ramming);

"tribunal" means the Lands Chamber of the Upper Tribunal;

"Trinity House" means the Corporation of Trinity House of Deptford Strond;

"undertaker" means, subject to article 35(8) (transfer of benefit of Order),-

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

"watercourse" includes any river, stream, ditch, drain, cut, culvert, dyke, sluice, sewer and passage through which water flows except a public sewer;

"wind farm area" means the area described as such whose co-ordinates are set out in Part 1 of Schedule 1;

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

"Work" means a Work, or part of a Work, set out in Part 1 of Schedule 1; and a reference to a Work designated by a number, or a by a combination of a number and a letter (for example, "Work No. 1A"), is a reference to the Work so designated in that Part;

"works plans" means the plans certified as the works plans by the Secretary of State under article 40 comprising the offshore works plans, the intertidal works plans and the onshore works plans.

(2) References in this Order to rights over land include references to rights to do or to place and maintain anything in, on or under land or in the airspace above its surface.

(3) All distances, directions and lengths referred to in this Order are approximate, except for the parameters referred to in Requirements 2 and 4 and Conditions 1 and 2 in Part 2 of each of the deemed marine licences; and distances between parts of a Work must be measured along that Work.

(4) References in this Order to points identified by letters, with or without numbers, must be construed as references to points so lettered on the works plans.

(5) In this Order-

(a)all offshore co-ordinates are latitude and longitude degrees, minutes and seconds to 3 decimal places in WGS84 Datum; and

(b)all onshore co-ordinates are Eastings and Northings in OSGB36 Datum, British National Grid Projection.

Disapplication of legislative provisions

3.-(1) The following provisions do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised project-

(a)the Environmental Permitting (England and Wales) Regulations 2010(21), to the extent that they require a permit for anything that would have required consent under section 109 of the Water Resources Act 1991 immediately before the repeal of that section;

(b)the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991(22) (byelaw-making powers of the Appropriate Agency) that require consent or approval for the carrying out of the works;

(c)section 23 of the Land Drainage Act 1991(23) (prohibition of obstructions, etc. in watercourses);

(d)the provisions of any byelaws made under section 66 of the Land Drainage Act 1991 (powers to make byelaws) that require consent or approval for the carrying out of the works.

(2) The following do not apply to the authorised project-

(a)section 25 of the River Humber Conservancy Act 1852(24) (penalties for improper deposit of hard materials in the river);

(b)section 9(ii) of the Humber Conservancy Act 1899(25) (licences for execution of works);

(c)section 6(2) of the Humber Conservancy Act 1905(26) (no erections in Humber below river lines or without licence above river lines).

Guarantees in respect of payment of compensation

4.-(1) The undertaker must not begin to exercise the powers in articles 18 to 28 in relation to any land unless it has first put in place-

(a)a guarantee in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or

(b)an alternative form of security for that purpose,

that has been approved by the Secretary of State.

(2) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is enforceable against the guarantor or person giving the alternative form of security by any person to whom the compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(3) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 20 years after the date on which the relevant power is exercised.

Defence to proceedings in respect of statutory nuisance

5.-(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990(27) (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance), no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance-

(a)relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project and is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site), of the Control of Pollution Act 1974(28);

(b)is a consequence of the construction or maintenance of the authorised project and cannot reasonably be avoided; or

(c)is a consequence of the use of the authorised project and cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project.

PART 2Principal powers

Development consent, etc. granted by Order

6.-(1) Subject to the provisions of this Order and the Requirements, Optimus Wind is granted-

(a)development consent for the Project A works and any associated development relating to those works; and

(b)consent for the ancillary works relating to those works,

to be carried out within the Order limits.

(2) Subject to the provisions of this Order and the Requirements, Breesea is granted-

(a)development consent for the Project B works and any associated development relating to those works; and

(b)consent for the ancillary works relating to those works,

to be carried out within the Order limits.

(3) Subject to the provisions of this Order and the Requirements, Optimus Wind and Breesea are granted-

(a)development consent for the shared works and any associated development relating to those works; and

(b)consent for the ancillary works relating to those works,

to be carried out within the Order limits.

(4) Each Work must be constructed and maintained within the limits of deviation for that Work.

(5) In carrying out a Work, the undertaker may deviate from the situations shown on the works plans and described in Schedule 1 to the extent of the limits of deviation.

(6) The grant of development consent is subject to paragraphs 2(2) and (3) and 3(2) to (8) of Part 1 of Schedule 1.

Maintenance of authorised project

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

(2) No maintenance works, the likely effects of which on the environment must be assessed in accordance with the EIA Regulations and are not assessed in the environmental statement, may take place, unless otherwise approved by the MMO or the local planning authority.

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

Operation of generating stations

8.-(1) Optimus Wind is authorised to operate the generating station comprised in the Project A works.

(2) Breesea is authorised to operate the generating station comprised in the Project B works.

(3) This article does not relieve Optimus Wind or Breesea of any requirement to obtain any permit or licence under any other legislation that may be required to authorise the operation of a generating station.

PART 3Streets

Street works

9.-(1) The undertaker may, for the purposes of the authorised project, enter on so much of any of the streets set out in Schedule 2 (streets subject to street works) as is within the Order limits and may-

(a)break up or open the street or any sewer, drain or tunnel under it;

(b)tunnel or bore under the street;

(c)place apparatus in the street;

(d)maintain apparatus in the street or change its position; and

(e)execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (d).

(2) In this article, "apparatus" has the same meaning as in Part 3 of the 1991 Act(29).

Application of New Roads and Street Works Act 1991

10.-(1) The provisions of the 1991 Act mentioned in paragraph (2) that apply in relation to the carrying out of street works under that Act and any regulations made or code of practice issued or approved under those provisions apply (with all necessary modifications) in relation to-

(a)the carrying out of works under article 9 (street works); and

(b)the temporary stopping up, temporary alteration or temporary diversion of a street by the undertaker under article 11 (temporary stopping up of streets),

whether or not the carrying out of the works or the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(2) The provisions of the 1991 Act(30) are-

(a)subject to paragraph (3), section 54 (advance notice of certain works);

(b)subject to paragraph (3), section 55 (notice of starting date of works);

(c)section 57 (notice of emergency works);

(d)section 59 (general duty of street authority to co-ordinate works);

(e)section 60 (general duty of undertakers to co-operate);

(f)section 68 (facilities to be afforded to street authority);

(g)section 69 (works likely to affect other apparatus in the street);

(h)section 76 (liability for cost of temporary traffic regulation);

(i)section 77 (liability for cost of use of alternative route); and

(j)all provisions of that Act that apply for the purposes of the provisions referred to in sub-paragraphs (a) to (i).

(3) Sections 54 and 55 of the 1991 Act as applied by paragraph (1) have effect as if references in section 57 of that Act to emergency works included a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

Temporary stopping up of streets

11.-(1) The undertaker, during and for the purposes of carrying out the authorised project, may temporarily stop up, alter or divert any street and may for any reasonable time-

(a)divert the traffic from the street; and

(b)subject to paragraph (3), prevent persons from passing along the street.

(2) Without limiting paragraph (1), the undertaker may use any street temporarily stopped up under the powers conferred by this article within the Order limits as a temporary working site.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

(4) Without limiting paragraph (1), the undertaker may temporarily stop up, alter or divert the streets set out in column (2) of Schedule 3 (streets to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the works plans, in column (3) of that Schedule.

(5) The undertaker must not temporarily stop up, alter, divert or use as a temporary working site-

(a)any street referred to in paragraph (4) without first consulting the street authority; and

(b)any other street without the consent of the street authority, which may attach reasonable conditions to the consent.

(6) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(7) If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (5)(b), the street authority is deemed to have given consent.

Access to works

12.-(1) The undertaker may for the purposes of the authorised project-

(a)form and lay out means of access, or improve existing means of access, in the locations set out in column (2) of Schedule 4 (access to works); and

(b)with the approval of the local planning authority after consultation with the highway authority, form and lay out such other means of access, or improve existing means of access, at such locations within the Order limits, as the undertaker reasonably requires for the purposes of the authorised project.

(2) If the local planning authority fails to notify the undertaker of its decision within 28 days of receiving an application for approval under paragraph (1)(b), the local planning authority is deemed to have given approval.

Agreements with street authorities

13.-(1) A street authority and the undertaker may enter into agreements with respect to-

(a)the construction of any new street authorised by this Order; or

(b)the carrying out in the street of any of the works referred to in article 9(1) (street works).

(2) Such an agreement may, without limiting paragraph (1),-

(a)provide for the street authority to carry out any function under this Order that relates to the street in question;

(b)include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and

(c)contain such terms as to payment and otherwise as the parties consider appropriate.

Highway improvements

14.-(1) The undertaker may carry out highway improvements to the plot marked 133 on the land plans.

(2) The highway improvements must be carried out in accordance with plans approved by the highway authority, such approval not to be unreasonably withheld.

(3) If the highway authority fails to notify the undertaker of its decision within 28 days of receiving plans for approval under paragraph (2), the highway authority is deemed to have given approval.

PART 4Supplemental powers

Discharge of water

15.-(1) The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised project and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits and subject to receipt of consent under paragraph (3), make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) must be determined as if it were a dispute under section 106 of the Water Industry Act 1991(31) (right to communicate with public sewers).

(3) The undertaker must not discharge any water into any watercourse, public sewer or drain without the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(4) The undertaker must not make any opening into any public sewer or drain except-

(a)in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b)where that person has been given the opportunity to supervise the making of the opening.

(5) The undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

(6) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(7) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2010.

(8) If a person fails to notify the undertaker of a decision within 28 days of receiving an application for consent under paragraph (3) or approval under paragraph (4)(a), the person is deemed to have granted consent or given approval, as the case may be.

(9) In this article-

(a)"public sewer or drain" means a sewer or drain that belongs to the Environment Agency, a harbour authority within the meaning of section 57 of the Harbours Act 1964(32) (interpretation), an internal drainage board, a local authority or a sewerage undertaker(33); and

(b)other expressions, excluding "watercourse", used both in this article and in the Environmental Permitting (England and Wales) Regulations 2010 have the same meaning as in those Regulations.

Protective work to buildings

16.-(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building lying within the Order limits as the undertaker considers necessary or expedient.

(2) Protective works may be carried out-

(a)at any time before or during the carrying out in the vicinity of the building of any part of the authorised project; or

(b)after the completion of that part of the authorised project in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised project is first opened for use.

(3) For the purpose of determining how the powers under this article are to be exercised, the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage.

(4) For the purpose of carrying out protective works under this article to a building, the undertaker may (subject to paragraphs (5) and (6))-

(a)enter the building and any land within its curtilage; and

(b)where the works cannot be carried out reasonably conveniently without entering land that is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5) Before exercising-

(a)a power under paragraph (1) to carry out protective works to a building;

(b)a power under paragraph (3) to enter a building and land within its curtilage;

(c)a power under paragraph (4)(a) to enter a building and land within its curtilage; or

(d)a power under paragraph (4)(b) to enter land,

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise the power and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 41 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of the powers.

(8) Where-

(a)protective works are carried out under this article to a building; and

(b)within the period of 5 years beginning with the day on which the part of the authorised project carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised project,

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 152 of the 2008 Act(34) (compensation in case where no right to claim in nuisance).

(10) Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under Part 1 of the 1961 Act.

(11) In this article "protective works", in relation to a building, means-

(a)underpinning, strengthening and any other works the purpose of which is to prevent damage that may be caused to the building by the carrying out, maintenance or use of the authorised project; and

(b)any works the purpose of which is to remedy any damage that has been caused to the building by the carrying out, maintenance or use of the authorised project.

Authority to survey and investigate land

17.-(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits and-

(a)survey or investigate the land;

(b)without limiting sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(c)without limiting sub-paragraph (a), carry out ecological or archaeological investigations on such land; and

(d)place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.

(2) No land may be entered, or equipment placed or left on or removed from the land, under paragraph (1) unless at least 14 days' notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article on behalf of the undertaker-

(a)must, if so required, produce written evidence of the authority to do so; and

(b)may take with him or her such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4) No trial holes may be made under this article-

(a)in land located within the highway boundary without the consent of the highway authority; or

(b)in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6) If a highway authority or a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent-

(a)in the case of a highway authority, under paragraph (4)(a); or

(b)in the case of a street authority, under paragraph (4)(b),

the authority is deemed to have given consent.

PART 5Powers of acquisition, etc.

Compulsory acquisition of land

18.-(1) Optimus Wind may, with the consent of Breesea, such consent not to be unreasonably withheld, acquire compulsorily so much of the Order land as is required for the Project A works, the shared works or to facilitate, or is incidental to, the construction, operation and maintenance of those works.

(2) Breesea may, with the consent of Optimus Wind, such consent not to be unreasonably withheld, acquire compulsorily so much of the Order land as is required for the Project B works, the shared works or to facilitate, or is incidental to, the construction, operation and maintenance of those works.

(3) If the undertaker whose consent is required under paragraph (1) or (2) fails to notify the undertaker requesting consent of its decision within 28 days of receiving an application for consent, the first-mentioned undertaker is deemed to have given consent.

(4) This article is subject to-

(a)article 19(3) (compulsory acquisition of rights); and

(b)article 26(10) (temporary use of land for carrying out authorised project).

Compulsory acquisition of rights

19.-(1) Subject to paragraph (3), Optimus Wind may, with the consent of Breesea, such consent not to be unreasonably withheld, acquire compulsorily such rights or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 18 (compulsory acquisition of land) by creating them as well as by acquiring rights already in existence.

(2) Subject to paragraph (3), Breesea may, with the consent of Optimus Wind, such consent not to be unreasonably withheld, acquire compulsorily such rights or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 18 by creating them as well as by acquiring rights already in existence.

(3) In the case of the Order land set out in column (1) of Schedule 5 (land in which new rights etc., may be acquired), the powers of compulsory acquisition conferred under paragraphs (1) and (2) and under article 18 are limited to the acquisition of such new rights or the imposition of such restrictive covenants as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

(4) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights, etc.)), where the undertaker acquires an existing right over land or imposes a restrictive covenant under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land.

(5) Schedule 6 has effect for the purpose of modifying enactments relating to compensation and provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(6) In any case where the acquisition of new rights or the imposition of restrictive covenants under paragraph (1) or (2) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question.

(7) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (6) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

(8) Any person who suffers loss as a result of the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(9) If the undertaker whose consent is required under paragraph (1) or (2) fails to notify the undertaker requesting consent of its decision within 28 days of receiving an application for consent, the first-mentioned undertaker is deemed to have given consent.

Time limit for exercise of authority to acquire land compulsorily

20.-(1) After 15th August 2021-

(a)no notice to treat may be served under Part 1 of the 1965 Act; and

(b)no declaration may be executed under section 4 of the 1981 Act(35), as applied by article 22 (application of Compulsory Purchase (Vesting Declarations) Act 1981).

(2) The authority conferred by article 26 ceases at the end of 15th August 2021, but nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered, and possession taken, on or before that date.

Private rights

21.-(1) Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under article 18 cease to have effect in so far as their continuance would be inconsistent with the exercise of the powers under article 18-

(a)as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b)on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act(36) (power of entry),

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 19 cease to have effect in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant-

(a)as from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker (whether the right is acquired compulsorily, by agreement or through the grant of lease of the land by agreement); or

(b)on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act in pursuance of the right,

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable, in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with section 152 of the 2008 Act to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) This article does not apply in relation to any right to which section 138 of the 2008 Act(37) (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 28 (statutory undertakers) applies.

(6) Paragraphs (1) to (3) have effect subject to-

(a)any notice given by the undertaker before-

(i)the completion of the acquisition of the land, or the acquisition of rights or the imposition of restrictive covenants over or affecting the land;

(ii)the undertaker's appropriation of it,

(iii)the undertaker's entry onto it, or

(iv)the undertaker's taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; or

(b)any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.

(7) If an agreement referred to in paragraph (6)(b)-

(a)is made with a person in or to whom the right is vested or belongs; and

(b)is expressed to have effect also for the benefit of those deriving title from or under that person,

the agreement is effective in respect of the persons so deriving title, whether title was derived before or after the making of the agreement.

(8) Reference in this article to private rights over land includes reference to any trusts or incidents to which the land is subject.

(9) Where-

(a)one undertaker exercises a power under article 18 or 19 in respect of land or rights; and

(b)the other undertaker subsequently exercises such a power in respect of the same land or rights,

any right so acquired by the undertaker referred to in sub-paragraph (a) does not cease to have effect in consequence of the exercise of the power referred to in sub-paragraph (b) unless the undertaker referred to in sub-paragraph (a) gives consent, such consent not to be unreasonably withheld.

Application of Compulsory Purchase (Vesting Declarations) Act 1981

22.-(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 3 (preliminary notices), for subsection (1), substitute-

"(1) Before making a declaration under section 4 with respect to any land that is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice that is-

(a)given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and

(b)published in a local newspaper circulating in the area where the land is situated.".

(4) In that section, in subsection (2)-

(a)for "(1)(b)", substitute "(1)"; and

(b)after "given", insert "and published".

(5) In that section, for subsections (5) and (6), substitute-

"(5) For the purposes of this section, a person has a relevant interest in land if-

(a)the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or

(b)the person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds 1 month.".

(6) In section 5 (earliest date for execution of declaration)-

(a)in subsection (1), after "publication", insert "in a local newspaper circulating in the area in which the land is situated"; and

(b)omit subsection (2).

(7) In section 7 (constructive notice to treat), in subsection (1)(a), omit "(as modified by section 4 of the Acquisition of Land Act 1981)".

(8) References to the 1965 Act in the 1981 Act must be construed as references to that Act as applied by section 125 of the 2008 Act(38) (application of compulsory acquisition provisions) to the compulsory acquisition of land under this Order.

Acquisition of subsoil or airspace only

23.-(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of, or the airspace over, the land referred to in article 18 as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where under paragraph (1) the undertaker acquires any part of, or rights in, the subsoil of or the airspace over, land, the undertaker is not required to acquire an interest in any other part of the land.

(3) Paragraph (2) does not prevent article 24 (acquisition of part of certain properties) from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.

Acquisition of part of certain properties

24.-(1) This article applies instead of section 8(1) of the 1965 Act (other provisions as to divided land) (as applied by section 125 of the 2008 Act) where-

(a)a notice to treat is served on a person (the "owner") under the 1965 Act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (the "land subject to the notice to treat"); and

(b)a copy of this article is served on the owner with the notice to treat.

(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat that states that the owner is willing and able to sell the whole (the "land subject to the counter-notice").

(3) If no such counter-notice is served within that period, the owner must sell the land subject to the notice to treat.

(4) If such a counter-notice is served within that period, the question whether the owner must sell only the land subject to the notice to treat must, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal.

(5) If on such a reference the tribunal determines that the land subject to the notice to treat can be taken-

(a)without material detriment to the remainder of the land subject to the counter-notice; or

(b)where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the owner must sell the land subject to the notice to treat.

(6) If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken-

(a)without material detriment to the remainder of the land subject to the counter-notice; or

(b)where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the notice to treat is deemed to be a notice to treat for that part.

(7) If on such a reference the tribunal determines that-

(a)the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but

(b)the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land that the undertaker is authorised to acquire compulsorily under this Order.

(8) If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines that-

(a)none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and

(b)the material detriment is not confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land that the undertaker is authorised to acquire compulsorily under this Order.

(9) Where, by reason of a determination by the tribunal under this article, a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.

(10) Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the undertaker must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.

Rights under or over streets

25.-(1) The undertaker may-

(a)enter on and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised project; and

(b)use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised project.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to-

(a)any subway or underground building; or

(b)any cellar, vault, arch or other construction in, on or under a street that forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who-

(a)is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person's interest in the land; and

(b)suffers loss as a result,

is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out authorised project

26.-(1) Each undertaker may, from time to time, alone or in common with the other undertaker, in connection with the carrying out of the authorised project-

(a)enter on and take temporary possession of-

(i)the Order land set out in column (2) of Part 1 of Schedule 7 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the part of the authorised project specified in column (4) of that Schedule;

(ii)the Order land set out in column (2) of Part 2 of Schedule 7 for the purpose specified in relation to that land in column (3) of that Schedule;

(iii)any of the land referred to in article 18 and Schedule 5 in respect of which (other than in connection with the acquisition of rights only) no notice of entry has been served under section 11 of the 1965 Act and no declaration has been made under section 4 of the 1981 Act;

(b)remove any buildings and vegetation from that land;

(c)construct temporary works (including the provision of means of access) and buildings on that land; and

(d)construct or carry out any works or operations specified in relation to that land in column (3) of Parts 1 and 2 of Schedule 7 or any other mitigation works or operations (including land drainage restoration works).

(2) The undertaker may for the purpose of obtaining access to construct the authorised project-

(a)make temporary use, in common with other persons enjoying rights over that land, of access routes over the land set out in Part 3 of Schedule 7; and

(b)carry out any necessary works to improve those access routes (and for that purpose only take temporary possession of the area in which the work is to be carried out for the duration of that work).

(3) The undertaker may for the purpose of obtaining access to the compensation compounds-

(a)make temporary use, in common with other persons enjoying rights over that land, of access routes over the land set out in Part 4 of Schedule 7; and

(b)carry out any necessary works to improve those access routes (and for that purpose only take temporary possession of the area in which the work is to be carried out for the duration of that work).

(4) Not less than 14 days before entering on and taking temporary possession of or using land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(5) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of 1 year beginning with-

(a)in the case of land referred to in paragraph (1)(a)(i), the date of completion of the construction, installation or implementation of the part of the authorised project specified in relation to that land in column (4) of Part 1 of Schedule 7;

(b)in the case of land referred to in paragraph (1)(a)(ii), the date on which the compensation compound ceases to be required;

(c)in the case of land referred to in paragraph (1)(a)(iii), the date of completion of the construction, installation or implementation of the work for which temporary possession of this land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act.

(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to-

(a)replace a building removed under this article; or

(b)restore land on which any works have been constructed under paragraph (1)(d).

(7) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of any power conferred by this article.

(8) Any dispute as to a person's entitlement to compensation under paragraph (7), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.

(9) Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 Act (further provisions as to compensation for injurious affection) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (7).

(10) The undertaker may not under this Order compulsorily acquire the land referred to in paragraphs (1)(a)(i) and (ii), (2)(a) or (3)(a); and the undertaker may not acquire rights in or impose restrictive covenants over any part of that land unless it is set out in column (1) of Schedule 5.

(11) Where the undertaker takes possession of or uses land under this article, the undertaker is not required to acquire the land or any interest in it.

(12) Section 13 of the 1965 Act(39) (refusal to give possession to acquiring authority) applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act.

(13) The powers in this article may be exercised by each undertaker in relation to the same land at the same time as the other undertaker or at different times, and may be exercised more than once.

Temporary use of land for maintaining authorised project

27.-(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised project, each undertaker may, alone or in common with the other undertaker,-

(a)enter on and take temporary possession of any land referred to in article 26(1)(a)(i) or (iii) if such possession is reasonably required for the purpose of maintaining the authorised project; and

(b)construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of-

(a)any house or garden belonging to a house; or

(b)any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker may remain in possession of land under this article only for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised project for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession is taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers in this article.

(7) Any dispute as to a person's entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised project, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act.

(11) In this article "maintenance period", in relation to any part of the authorised project, means-

(a)the period of 5 years beginning with the date on which that part of the authorised project is first energised; and

(b)any period falling between the date at which temporary possession is no longer permitted under article 26(5)(a) or (c) and the date on which that part of the authorised project is first energised.

(12) The powers in this article may be exercised by each undertaker in relation to the same land at the same time as the other undertaker or at different times, and may be exercised more than once.

Statutory undertakers

28.  Subject to Schedule 12 (protective provisions), the undertaker may-

(a)exercise the powers conferred by articles 18 and 19 in relation to so much of any land referred to in those articles as belongs to statutory undertakers; and

(b)extinguish the rights of, remove or reposition the apparatus belonging to statutory undertakers over or within the Order land referred to in those articles.

Recovery of costs of new connections

29.-(1) Where any apparatus of a public utility undertaker or a public communications provider is removed under article 28 (statutory undertakers), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer, but where such a sewer is removed under article 28, any person who is-

(a)the owner or occupier of premises, the drains of which communicated with the sewer; or

(b)the owner of a private sewer which communicated with the sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) In this article-

"public communications provider" has the same meaning as in section 151(1) of the 2003 Act;

"public utility undertaker" has the same meaning as in the 1980 Act(40).

PART 6Operations

Felling or lopping of trees and removal of hedgerows

30.-(1) The undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.

(4) The undertaker may remove any hedgerows within the Order limits that may be required for the purposes of the carrying out of the authorised development.

(5) Regulation 6 of the Hedgerows Regulations 1997(41) is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j)-

"(k)for carrying out development that has been authorised by a development consent pursuant to the Planning Act 2008.".

(6) In this article, "hedgerow" has the same meaning as in the Hedgerows Regulations 1997.

Trees subject to tree preservation orders

31.-(1) The undertaker may lop any tree within or overhanging land within the Order limits that is subject to a tree preservation order made after 3rd November 2014.

(2) In carrying out any activity authorised by paragraph (1)-

(a)the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and

(b)the duty contained in section 206(1) of the 1990 Act (replacement of trees) does not apply.

(3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(4) Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.

PART 7Miscellaneous and general

Operational land for purposes of 1990 Act

32.  Development consent granted by this Order must be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as operational land for the purposes of that Act).

Procedure in relation to approvals, etc. under requirements

33.  Where an application is made to the local planning authority for any consent, agreement or approval required by a Requirement, the following provisions (so far as they relate to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission) apply in relation to the application as if the Requirement were a condition imposed on a grant of planning permission-

(a)sections 78 and 79 of the 1990 Act(42) (right of appeal in relation to planning decisions);

(b)any orders, rules or regulations which make provision in relation to appeals under section 78 of the 1990 Act,

insofar as those provisions are not inconsistent with the EIA Regulations and any orders, rules or regulations made under the 2008 Act.

Offshore works: abandonment or decay

34.-(1) Where the authorised development constructed seaward of MHWS or any part of it is abandoned or allowed to fall into decay, the Secretary of State may, following consultation with the undertaker, by notice in writing require the undertaker at its own expense-

(a)to repair and restore the authorised development or any part of it;

(b)to remove the authorised development or any part of it; and

(c)to restore the site to a safe and appropriate condition within an area and to such an extent as may be specified in the notice.

(2) If the undertaker fails to comply in any respect with a notice served under this article within the period of 30 days beginning with the date of service of the notice-

(a)the Secretary of State may take whatever steps the Secretary of State considers appropriate to achieve the result required by the notice;

(b)any expenditure incurred by the Secretary of State in doing so is recoverable from the undertaker.

(3) Nothing in this article limits the Secretary of State's powers under Chapter 3 of Part 2 of the 2004 Act (decommissioning of offshore installations).

Transfer of benefit of Order

35.-(1) Except as otherwise provided in this Order, the provisions of this Order have effect solely for the benefit of the undertaker.

(2) The undertaker may-

(a)transfer to another person (the "transferee") any or all of the benefit of the provisions of this Order (including the deemed marine licences) and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b)grant to another person (the "lessee") for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order (including the deemed marine licences) and such related statutory rights as may be agreed between the undertaker and the lessee.

(3) The consent of the Secretary of State is required for a transfer or grant under paragraph (2), except for-

(a)a transfer or grant of the benefit of any of the provisions (and any related statutory rights) relating to Work No. 1A or 1B from one undertaker to the other; or

(b)a transfer or grant of any of the provisions (and any related statutory rights) relating to Work Nos. 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B or 10 to a person who holds a licence under section 6 of the 1989 Act.

(4) Where the consent of the Secretary of State is required for a transfer or grant under paragraph (1), the Secretary of State must consult the MMO before giving consent if the proposed transfer or grant is relevant to the exercise of functions within the MMO's jurisdiction.

(5) Where there is a transfer or grant under paragraph (2)-

(a)the exercise by the transferee or, as the case may be, by the lessee of any benefit or right conferred by the transfer or grant (the "transferred benefit") is subject to the same restrictions, liabilities and obligations as would apply under this Order if the benefit or right were exercised by the undertaker; and

(b)the transferred benefit resides exclusively with the transferee or lessee, and any breach of a restriction or an obligation with respect to the transferred benefit is not be enforceable against the person making the transfer or grant, except for a breach occurring before the date of transfer.

(6) At least 5 days before a transfer or grant under paragraph (2) takes effect, the undertaker must give notice in writing-

(a)to the Secretary of State; and

(b)if the transfer or grant is relevant to the exercise of functions within the MMO's or the local planning authority's jurisdiction, to the MMO or the local planning authority (or to both).

(7) The notice must-

(a)state-

(i)the name and contact details of the transferee or lessee;

(ii)the date on which the transfer or grant takes effect;

(iii)the provisions transferred or granted; and

(iv)the restrictions, liabilities and obligations that, in accordance with paragraph (5)(a), apply to the transferee or lessee;

(b)be accompanied by-

(i)where relevant, a plan showing the Works or areas to which the transfer or grant relates;

(ii)where the Secretary of State's consent is needed for the transfer or grant, a copy of the consent; and

(iii)a copy of the document effecting the transfer or grant signed by the person making the transfer or grant and the transferee or lessee; and

(c)be signed by the person making the transfer or grant and the transferee or lessee.

(8) Where there is a transfer or grant under paragraph (2), references in this Order to the undertaker, except in paragraph (5), include references to the transferee or lessee.

Deemed marine licences under Marine and Coastal Access Act 2009

36.  The marine licences set out in Schedules 8 to 11 are deemed to have been issued under Part 4 of the 2009 Act (marine licensing) for the licensed activities set out in Part 1, and subject to the Conditions set out in Part 2, of each licence.

Saving for Trinity House

37.  Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.

Crown rights

38.-(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the undertaker or any licensee to take, use, enter on or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)-

(a)belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b)belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

(c)belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order compulsorily to acquire an interest in any land that is Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1)-

(a)may be given unconditionally or subject to terms and conditions;

(b)is deemed to have been given in writing where it is sent electronically.

Protective provisions

39.  Schedule 12 (protective provisions) has effect.

Certification of plans, etc.

40.-(1) The undertaker must, as soon as practicable after this Order is made, submit to the Secretary of State copies of the documents listed in Schedule 13 (documents to be certified) for certification that they are true copies of the documents referred to in this Order.

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Arbitration

41.  Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

Articles 2 and 6

SCHEDULE 1Authorised project

PART 1Authorised development

1.  The authorised development includes-

(a)the nationally significant infrastructure project (as defined in sections 14 and 15 of the 2008 Act) described in paragraph 2; and

(b)the associated development (within the meaning of section 115(2) of the 2008 Act) described in paragraphs 3 and 4.

2.-(1) The nationally significant infrastructure project comprises up to 2 offshore wind generating stations with a combined gross electrical output capacity of up to 1,800 megawatts as follows-

Work No. 1A - An offshore wind generating station within the wind farm area comprising-

(a)subject to sub-paragraph (2), up to 300 wind turbine generators fixed to the seabed;

(b)a network of subsea intra-array electrical circuits connecting the structures comprised in Work No. 1A-

(i)with other such structures;

(ii)with any other structure located within the wind farm area; and

(iii)with the network of electrical circuits comprised in Work Nos. 1B, 2A and 2B;

(c)subject to sub-paragraph (3), up to 2 offshore accommodation platforms fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter substations within Work No. 2A by an unsupported steel bridge and up to 2 electrical circuits each connecting an accommodation platform to either an offshore HVAC collector substation or to a wind turbine generator in order to power the accommodation platform;

Work No. 1B - An offshore wind generating station within the wind farm area comprising-

(a)subject to sub-paragraph (2), up to 300 wind turbine generators fixed to the seabed;

(b)a network of subsea intra-array electrical circuits connecting the structures comprised in Work No. 1B-

(i)with other such structures;

(ii)with any other structure located within the wind farm area; and

(iii)with the network of electrical circuits comprised in Work Nos. 1A, 2A and 2B;

(c)subject to sub-paragraph (3), up to 2 offshore accommodation platforms fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter substations within Work No. 2B by an unsupported steel bridge and up to 2 electrical circuits each connecting an accommodation platform to either an offshore HVAC collector substation or to a wind turbine generator in order to power the accommodation platform.

Co-ordinates for wind farm area (limits of deviation for Work Nos. 1A, 1B, 2A and 2B)-

(2) The combined total of wind turbine generators constructed within Work Nos. 1A and 1B must not exceed 300.

(3) The combined total of accommodation platforms constructed within Work Nos. 1A and 1B must not exceed 2.

3.-(1) The associated development includes the following Works-

Work No. 2A - Subject to sub-paragraph (2), up to 6 offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter substations together with a network of electrical circuits connecting the structures within Work Nos. 2A and 2B;

Work No. 2B - Subject to sub-paragraph (2), up to 6 offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter substations together with a network of electrical circuits connecting the structures within Work Nos. 2A and 2B;

Work No. 3A - Subject to sub-paragraph (3), in the event that the mode of transmission is HVAC, up to 2 offshore reactive compensation substations fixed to the seabed at latitude point 53° 37′ 54.291″ N and longitude point 0° 55′ 59.731″ E and at latitude point 53° 38′ 9.295″ N and longitude point 0° 55′ 49.576″ E subject to deviation within the limits of deviation for Work Nos. 3A and 3B;

Work No. 3B - Subject to sub-paragraph (3), in the event that the mode of transmission is HVAC, up to 2 offshore reactive compensation substations fixed to the seabed at latitude point 53° 37′ 54.291″ N and longitude point 0° 55′ 59.731″ E and at latitude point 53° 38′ 9.295″ N and longitude point 0° 55′ 49.576″ E subject to deviation within the limits of deviation for Work Nos. 3A and 3B;

Co-ordinates for limits of deviation for Work Nos. 3A and 3B-

Work No. 4A - Subject to sub-paragraph (4), a marine connection to the shore within the marine export cable area, including cable and pipeline crossing works which-

(a)if the mode of transmission is HVAC, consists of up to 8 subsea electrical circuits proceeding from the offshore HVAC collector substations comprised in Work No. 2A via and connecting with the offshore reactive compensation substations comprised in Work No. 3A; or

(b)if the mode of transmission is HVDC, consists of up to 2 subsea electrical circuits proceeding from the offshore HVDC converter substations comprised in Work No. 2A,

and in either case terminating at Work No. 5A;

Work No. 4B - Subject to sub-paragraph (4), a marine connection to the shore within the marine export cable area, including cable and pipeline crossing works which-

(a)if the mode of transmission is HVAC, consists of up to 8 subsea electrical circuits proceeding from the offshore HVAC collector substations comprised in Work No. 2B via and connecting with the offshore reactive compensation substation comprised in Work No. 3B; or

(b)if the mode of transmission is HVDC, consists of up to 2 subsea electrical circuits proceeding from the offshore HVDC converter substations comprised in Work No. 2B,

and in either case terminating at Work No. 5B;

Principal co-ordinates for marine export cable area (limits of deviation for Work Nos. 4A and 4B) whose full co-ordinates are set out in the offshore works plans-

Work No. 5A - A foreshore connection consisting of an extension of the electrical circuits comprised in Work No. 4A, including cable crossing works, crossing under the existing sea wall using a trenchless technique and terminating at the electrical circuit transition joint bays (Work No. 6A);

Work No. 5B - A foreshore connection consisting of an extension of the electrical circuits comprised in Work No. 4B, including cable crossing works, crossing under the existing sea wall using a trenchless technique and terminating at the electrical circuit transition joint bays (Work No. 6B);

Onshore

Work No. 6A - Subject to sub-paragraph (5), up to 8 underground electrical circuit transition joint bays in the vicinity of Horseshoe Point in the parish of North Coates in the county of Lincolnshire, housing the connections between the offshore electrical circuits comprised in Work No. 5A and the onshore electrical circuits comprised in Work No. 7A;

Work No. 6B - Subject to sub-paragraph (5), up to 8 underground electrical circuit transition joint bays in the vicinity of Horseshoe Point in the parish of North Coates in the county of Lincolnshire, housing the connections between the offshore electrical circuits comprised in Work No. 5B and the onshore electrical circuits comprised in Work No. 7B;

Work No. 7A - Subject to sub-paragraph (6), a connection consisting of 2 underground transmission electrical circuits and associated electrical circuit ducts if the mode of transmission is HVDC and up to 8 underground transmission electrical circuits and associated electrical circuit ducts if the mode of transmission is HVAC, proceeding from Work No. 6A at co-ordinate-

• Easting 537725, Northing 402577

to Work No. 8A at co-ordinate-

• Easting 514946, Northing 419297; and

in the event that Work No. 7A is constructed before Work No. 7B, the electrical circuit ducts associated with the underground transmission electrical circuits comprised in Work No. 7B;

Work No. 7B - Subject to sub-paragraph (6), a connection consisting of 2 underground transmission electrical circuits and associated electrical circuit ducts if the mode of transmission is HVDC and up to 8 underground transmission electrical circuits and associated electrical circuit ducts if the mode of transmission is HVAC, proceeding from Work No. 6B at co-ordinate-

• Easting 537725, Northing 402577

to Work No. 8B at co-ordinate-

• Easting 514946, Northing 419297; and

in the event that Work No. 7B is constructed before Work No. 7A, the electrical circuit ducts associated with the underground transmission electrical circuits comprised in Work No. 7A;

Work No. 8A - Subject to sub-paragraph (7), up to 2 electrical transmission stations including up to 2 main buildings abutting an open yard (which may be partitioned with concrete or steel walls or fences containing switchgear, electrical reactors and other electrical equipment) and associated facilities on land adjoining the North Killingholme National Grid substation.

If the electrical circuits comprised in Work Nos. 4A, 5A and 7A are HVDC, the electrical transmission stations will include facilities to convert the current to HVAC;

Work No. 8B - Subject to sub-paragraph (7), up to 2 electrical transmission stations including up to 2 main buildings abutting an open yard (which may be partitioned with concrete or steel walls or fences containing switchgear, electrical reactors and other electrical equipment) and associated facilities on land adjoining the North Killingholme National Grid substation.

If the electrical circuits comprised in Work Nos. 4B, 5B and 7B are HVDC, the electrical transmission stations will include facilities to convert the current to HVAC;

Work No. 9A - Subject to sub-paragraph (8), a connection consisting of up to 2 underground electrical circuits between Work No. 8A and the North Killingholme National Grid substation, including a connection above ground and electrical engineering works within the National Grid substation buildings and compound;

Work No. 9B - Subject to sub-paragraph (8), a connection consisting of up to 2 underground electrical circuits between Work No. 8B and the North Killingholme National Grid substation, including a connection above ground and electrical engineering works within the National Grid substation buildings and compound;

Work No. 10 - Improvements to the verge, highway and private access road running north from Chase Hill Road between the junction with Haven Road in the east and Eastfield Road in the west.

(2) The combined total of offshore HVAC collector substations constructed in whole or in part within Work Nos. 2A and 2B must not exceed 6, and the combined total of offshore HVDC converter substations constructed in whole or in part within Work Nos. 2A and 2B must not exceed 2.

(3) The combined total of offshore reactive compensation substations constructed in whole or in part within Work Nos. 3A and 3B must not exceed 2.

(4) The combined total of electrical circuits constructed in whole or in part within Work Nos. 4A and 4B must not exceed-

(a)2, in the event that the mode of transmission is HVDC; and

(b)8, in the event that the mode of transmission is HVAC.

(5) The combined total of underground electrical circuit transition joint bays constructed in whole or in part within Work Nos. 6A and 6B must not exceed 8.

(6) The combined total of electrical circuits constructed in whole or in part within Work Nos. 7A and 7B must not exceed-

(a)2, in the event that the mode of transmission is HVDC; and

(b)8, in the event that the mode of transmission is HVAC.

(7) The combined total of electrical transmission stations constructed in whole or in part within Work Nos. 8A and 8B must not exceed 2.

(8) The combined total of electrical circuits constructed in whole or in part within Work Nos. 9A and 9B must not exceed 2.

4.  The associated development includes such further development as may be necessary or expedient in connection with each of the Works within the Order limits and is within the scope of the environmental impact assessment recorded in the environmental statement including-

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

(b)dredging;

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

(d)the disposal of seabed sediments produced during construction drilling and seabed preparation for the installation of the foundations of the offshore structures or during seabed preparation for cable laying;

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

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

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

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

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

(j)compensation compounds;

(k)works to secure means of access;

(l)works to construct surface water drainage systems;

(m)in connection with Work Nos. 8A and 8B, private roads and hardstanding for parking;

(n)link or earthing boxes associated with Work Nos. 6A and 6B;

(o)jointing pits (including link or earthing boxes) associated with Work Nos. 7A and 7B;

(p)a temporary haul road and temporary access track, both alongside and used for the purpose of constructing Work Nos. 7A and 7B;

(q)works to enable utility services to be run from Chase Hill Road to Work Nos. 8A and 8B; and

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

PART 2Ancillary works

Works and operations within the Order limits comprising-

(a)temporary anchorage of vessels; and

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

PART 3Requirements

Time limits

1.  The authorised development must be commenced on or before 6th September 2021.

Detailed design parameters

2.-(1) No wind turbine generator forming part of Work No. 1A or 1B may-

(a)be more than 151 metres from LAT to the turbine hub;

(b)exceed a height of 276 metres from LAT to the upper tip of the vertical blade;

(c)exceed a rotor diameter of 241.03 metres;

(d)be less than 34.97 metres from LAT to the lowest point of the rotating blade;

(e)be less than 810 metres from the nearest wind turbine generator in all directions.

(2) In this Requirement, references to the location of a wind turbine generator are references to the centre point of the turbine.

(3) No offshore accommodation platform forming part of Work No. 1A or 1B may-

(a)exceed 64 metres in height above LAT;

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

(4) No offshore HVAC collector substation forming part of Work No. 2A or 2B may-

(a)exceed 64 metres in height above LAT;

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

(5) No offshore HVDC converter substation forming part of Work No. 2A or 2B may-

(a)exceed 110 metres in height above LAT;

(b)have a platform that at its greatest extent exceeds 16,200 square metres in area or 180 metres in width.

(6) No offshore reactive compensation substation comprised in Work No. 3A or 3B may-

(a)exceed 64 metres in height above LAT; or

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

(7) The diameter of the electrical cables comprising the electrical circuits must not exceed-

(a)within Work Nos. 1A and 1B, 170 millimetres;

(b)within Work Nos. 2A and 2B, 300 millimetres;

(c)within Work Nos. 4A, 4B, 5A and 5B-

(i)190 millimetres, where the mode of transmission is HVDC; and

(ii)300 millimetres, where the mode of transmission is HVAC.

(8) The combined total length of the connections in the form of electrical circuits between the structures comprised in Work Nos. 1A and 1B must not exceed 685 kilometres.

(9) The combined total length of the connections in the form of electrical circuits between the structures comprised in Work Nos. 2A and 2B must not exceed 300 kilometres.

(10) The combined total length of the electrical circuits comprised in Work Nos. 4A, 4B, 5A and 5B seaward of MHWS must not exceed 1,200 kilometres.

(11) The combined total area of cable protection for the electrical circuits comprising Work Nos. 1A and 1B must not exceed 1,246,700 square metres.

(12) The combined total area of cable protection for the electrical circuits comprising Work Nos. 2A and 2B must not exceed 546,000 square metres.

(13) The combined total area of cable protection for the electrical circuits comprising Work Nos. 4A and 4B located outside the Humber Estuary Special Area of Conservation must not exceed 2,055,200 square metres.

(14) The combined total area of cable protection for the electrical circuits comprising Work Nos. 4A and 4B located within the Humber Estuary Special Area of Conservation must not exceed 44,800 square metres.

(15) The combined total volume of cable protection for the electrical circuits comprising Work Nos. 1A and 1B must not exceed 712,400 cubic metres.

(16) The combined total volume of cable protection for the electrical circuits comprising Work Nos. 2A and 2B must not exceed 312,000 cubic metres.

(17) The combined total volume of cable protection for the electrical circuits comprising Work Nos. 4A and 4B located outside the Humber Estuary Special Area of Conservation must not exceed 1,174,400 cubic metres.

(18) The combined total volume of cable protection for the electrical circuits comprising Work Nos. 4A and 4B located within the Humber Estuary Special Area of Conservation must not exceed 25,600 cubic metres.

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

(20) The electrical circuits comprised in Work Nos. 5A and 5B must be installed by use of, or a combination of, a trenchless technique, ploughing, trenching and jetting, with the exception that, where the electrical circuits comprised in Work Nos. 5A and 5B cross under the existing sea wall, they must be installed using a trenchless technique.

(21) The combined total area in which the underground electrical circuit transition joint bays comprised in Work Nos. 6A and 6B may be contained must not exceed 2,000 square metres, and no underground electrical circuit transition joint bay within that area may individually exceed 25 metres in length or 10 metres in width.

(22) The diameter of the cables within Work Nos. 7A, 7B, 9A and 9B must not exceed 180 millimetres.

(23) No main building forming part of Work No. 8A or 8B may-

(a)where the mode of transmission is HVDC, exceed-

(i)40 metres in height;

(ii)69.5 metres in width;

(iii)135 metres in length; or

(b)where the mode of transmission is HVAC, exceed-

(i)15 metres in height;

(ii)18.5 metres in width;

(iii)82.5 metres in length.

(24) The combined total area of the site of Work Nos. 8A and 8B must not exceed 35,672 square metres, excluding any area of land required for landscaping and mitigation.

(25) The electrical circuits comprised in Work Nos. 7A and 7B must be installed by use of a trenchless technique where crossing under a main river.

(26) The width of the corridor occupied by the connection comprised in Work Nos. 7A and 7B following completion of construction of those works must not exceed 30 metres, except where those works overlap with Work No. 5A, 5B, 6A or 6B in which case the width of the corridor occupied by the connection comprising Work Nos. 7A and 7B must not exceed 150 metres.

Colour and lighting

3.  Except as otherwise required by Trinity House under Condition 4 of each of the deemed marine licences, the undertaker must exhibit such lights, with such shape, colour and character as required by the Air Navigation Order 2009(43) or as otherwise directed by the Civil Aviation Authority or the Secretary of State for Defence.

Foundation methods

4.-(1) The undertaker must in fixing to the seabed any structures comprised in Work Nos. 1A, 1B, 2A, 2B, 3A and 3B use one of the following methods-

(a)monopile foundations;

(b)jacket foundations supported by piles; or

(c)gravity base foundations.

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

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

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,963 square metres;

(ii)the diameter of each foundation must not exceed 10 metres;

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

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 2,827 square metres;

(ii)the number of piles per jacket must not exceed 12;

(iii)the diameter of each pile must not exceed 6 metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and scour protection for each individual structure must not exceed 12,596 square metres;

(ii)the number of piles per jacket must not exceed 4;

(iii)the diameter of each pile must not exceed 21.1 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 7,543 square metres;

(ii)the seabed levelling diameter must not exceed 78 metres;

(iii)the cone diameter must not exceed 58 metres at its base.

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

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,963 square metres;

(ii)the diameter of each foundation must not exceed 10 metres;

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

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

(ii)the number of piles must not exceed 8;

(iii)the diameter of each pile must not exceed 3 metres;

(c)where jacket foundations (suction piles) are used-

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

(ii)the number of piles per jacket must not exceed 4;

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

(d)where gravity base foundations are used-

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

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

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

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

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,963 square metres;

(ii)the diameter of each foundation must not exceed 10 metres;

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

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

(ii)the number of piles per jacket must not exceed 8;

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

(c)where jacket foundations (suction piles) are used-

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

(ii)the number of piles per jacket must not exceed 8;

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

(d)where gravity base foundations are used-

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

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

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

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

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

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 17,318 square metres;

(ii)the number of jacket foundations per topside must not exceed 4;

(iii)the number of piles per topside must not exceed 72;

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

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

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

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 50,894 square metres;

(ii)the number of jacket foundations per topside must not exceed 4;

(iii)the number of piles per topside must not exceed 32;

(iv)the number of piles per jacket must not exceed 8;

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

(c)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 27,300 square metres;

(ii)the number of pontoons for each individual structure must not exceed 3;

(iii)the pontoons must not exceed 170 metres in length or 35 metres in width.

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

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection must not exceed 1,963 square metres;

(ii)the diameter of each foundation must not exceed 10 metres;

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

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

(ii)the number of piles per jacket must not exceed 8;

(iii)the diameter of each pile must not exceed 3 metres;

(c)where jacket foundations (suction piles) are used-

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

(ii)the number of piles per jacket must not exceed 4;

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

(d)where gravity base foundations are used-

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

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

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

(8) The combined total volume of scour protection for the wind turbine generators and the offshore accommodation platforms forming part of the authorised development must not exceed 4,761,555 cubic metres.

Archaeology landward of mean low water springs

5.-(1) No part of the authorised development landward of MLWS may be commenced within the area of a local planning authority until a written scheme for the investigation of areas of archaeological interest landward of MLWS has been submitted to and approved by the local planning authority.

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

(3) Any archaeological works or watching brief must be carried out-

(a)in accordance with the approved scheme;

(b)by a suitably qualified person or body approved by the local planning authority.

(4) Staged reports of the measures taken to evaluate, protect, record or preserve any significant archaeological remains that are found must be submitted to and approved by the local planning authority before the commencement of any works that would affect those remains.

Ecological management plan landward of mean low water springs

6.-(1) No part of the authorised development landward of MLWS may be commenced within the area of a local planning authority until a ecological management plan relating to the land landward of MLWS based on the outline ecological management plan and reflecting the survey results and ecological mitigation measures included in the environmental statement has been submitted to and approved by the local planning authority in consultation with Natural England, the Environment Agency and, to the extent that the plan relates to the intertidal area, the MMO.

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

(3) The ecological management plan must be submitted for approval at least 4 months before the intended start of construction unless otherwise agreed by the local planning authority in consultation with Natural England.

Code of construction practice

7.-(1) No part of the authorised development landward of MLWS may be commenced within the area of a local planning authority until a code of construction practice relating to the Works landward of MLWS based on the outline code of construction practice has been submitted to and approved by the local planning authority.

(2) Before giving approval in the case of a construction traffic management plan referred to in sub-paragraph (3)(e) and a travel plan referred to in sub-paragraph (3)(l), the local planning authority must consult the highway authority and Highways England.

(3) The code of construction practice must include-

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

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

(c)air quality and dust monitoring and management measures during construction;

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

(e)a construction traffic management plan;

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

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

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

(i)a communication plan;

(j)a health and safety plan, including details of how health and safety risks are to be identified and managed during construction;

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

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

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

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

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

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

(v)responsibility and timescales for implementing proposed measures;

(vi)targets for vehicle trips and modal splits;

(vii)formal monitoring regime for those targets; and

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

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

Landscape scheme

8.-(1) No part of the authorised development landward of MLWS may be commenced within the area of a local planning authority until a landscape scheme has been submitted to and approved by the local planning authority.

(2) The landscape scheme must include the provisions of the outline landscape scheme and management plan, subject to any variation approved by the local planning authority, and, in addition details of-

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

(b)proposed finished ground levels;

(c)hard surfacing materials; and

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

Implementation and maintenance of landscaping

9.-(1) Landscape works must be carried out in accordance with the relevant landscape scheme approved under Requirement 8.

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

Offshore decommissioning

10.  No part of the authorised development seaward of MLWS may be commenced until a decommissioning programme in compliance with any notice served on the undertaker by the Secretary of State under section 105(2) of the 2004 Act has been submitted to the Secretary of State for approval in relation to that part.

Highway accesses

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

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

Contaminated land and groundwater scheme

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

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

(3) No remedial work constituting a material operation (as defined in section 155 of the 2008 Act) in respect of contamination of any land (including groundwater) within the Order limits may be carried out until the scheme has been approved.

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

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

(6) In this Requirement, "controlled waters" has the meaning given in Part 3 of the Water Resources Act 1991(44).

Surface water drainage scheme

13.-(1) No part of any electrical transmission station may be commenced until a detailed surface water drainage scheme based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the electrical transmission station has been submitted to and approved by the local planning authority, in consultation with the drainage board concerned within the meaning of section 23 of the Land Drainage Act 1991.

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

Colour and detailed design approval: electrical transmission stations

14.-(1) Unless otherwise agreed by the local planning authority, the electrical transmission stations must be coloured using one or more of the following colours-

(a)bluebell (RAL Code 270 50 30);

(b)lilac (RAL Code 270 60 25);

(c)chalk blue (RAL Code 270 70 20);

(d)Baltic blue (RAL Code 270 80 15);

(e)white lilac (RAL Code 270 85 10);

(f)blue white (RAL Code 270 90 05).

(2) Despite sub-paragraph (1), construction of Work No. 8A must not commence until details of the layout, scale and external appearance of that Work have been submitted to and approved by the local planning authority.

(3) Despite sub-paragraph (1), construction of Work No. 8B must not commence until details of the layout, scale and external appearance of that work have been submitted to and approved by the local planning authority.

(4) The construction of Work Nos. 8A and 8B must be carried out in accordance with the approved details.

Access road within plots 45 to 49

15.-(1) The undertaker must not use the access road along the crest of the sea defences within the plots numbered 45 to 49 on the land plans during the construction of Work Nos. 4A, 4B, 5A, 5B, 6A and 6B.

(2) Except in an emergency, the access road along the sea defences within the plots numbered 45 to 49 on the land plans must not be used by the undertaker following the construction of Work Nos. 4A, 4B, 5A, 5B, 6A and 6B until a scheme for the protection of the sea defences from use of the access road by the undertaker during the operation and maintenance of the authorised development has been submitted to and approved by the Environment Agency, such approval not to be unreasonably withheld or delayed.

(3) If the Environment Agency fails to notify the undertaker of its decision on whether to give approval within 2 months of receiving the scheme for approval, the Environment Agency is deemed to have given approval.

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

Port traffic management plan

16.-(1) No part of the authorised development seaward of MLWS (excluding ducting and related works which are an integral part of works landward of MLWS) may be commenced until-

(a)a traffic management plan for the onshore port-related traffic to and from the selected base port or ports for construction or operation (or both) of that part of the authorised development has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority; or

(b)the relevant planning authority has confirmed, after consultation with the relevant highway authority, that no traffic management plan is required for that part of the authorised development.

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

(3) In this Requirement-

"relevant highway authority" means the highway authority in whose area the selected base port is located;

"relevant planning authority" means the local planning authority in whose area the selected base port is located;

"selected base port" means a port situated in England and/or Wales and used by management personnel for the construction or ongoing operational management of the authorised development (or both).

Employment and skills plan

17.-(1) No part of the authorised development may be commenced until an employment and skills plan based on the outline employment and skills plan has been submitted to and approved by North Lincolnshire Council in consultation with North East Lincolnshire Council, East Lindsey District Council and the Humber Local Enterprise Partnership.

(2) The plan must include-

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

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

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

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

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

(4) In this Requirement, "Humber Local Enterprise Partnership" means the local enterprise partnership established in June 2011 with the objective of promoting and developing the natural economic area surrounding the Humber estuary.

Offshore co-operation

18.-(1) Before submitting the pre-construction plans and documentation required to be submitted to the MMO for approval under Condition 8 of each of the deemed marine licences, the undertaker in respect of the relevant licence must provide a copy of the plans and documentation to the other undertaker under this Order.

(2) The other undertaker must provide any comments on the plans and documentation to the first undertaker within 14 days of receipt.

(3) Each undertaker must participate in liaison meetings with the other undertaker as requested from time to time by the MMO in writing in advance; and the meetings must be chaired by the MMO and must consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence where it has an impact on the efficient operation of any other deemed marine licence.

Compensation compounds

19.-(1) The undertaker may exercise the powers conferred by this Order in relation to the compensation compounds shown coloured green on the compensation compounds plan only where-

(a)the undertaker exercises, or intends to exercise, the powers conferred by this Order in relation to the Order land shown hatched green on the compensation compounds plan; and

(b)sub-paragraph (4) applies.

(2) The undertaker may exercise the powers conferred by this Order only in relation to the compensation compound access coloured pink and labelled 14-A1c on the compensation compounds plan only where the undertaker exercises, or intends to exercise, the powers conferred by this Order in relation to the compensation compound shown coloured green and labelled 14-C3 on the compensation compounds plan in accordance with sub-paragraph (1).

(3) Where the undertaker exercises the powers conferred by this Order in relation to-

(a)the compensation compounds shown coloured green on the compensation compounds plan in accordance with sub-paragraph (1); or

(b)the compensation compound access coloured pink and labelled 14-A1c on the compensation compounds plan in accordance with sub-paragraph (2),

those powers may be exercised only for the benefit of the Hornsea Project One undertaker in connection with the carrying out of works authorised by the Hornsea One Offshore Wind Farm Order 2014.

(4) This sub-paragraph applies where-

(a)the carrying out of works authorised by this Order in the Order land shown hatched green on the compensation compounds plan would overlap temporally with the carrying out of works authorised by the Hornsea One Offshore Wind Farm Order 2014 in that land; or

(b)works authorised by this Order in the Order land shown hatched green on the compensation compounds plan are carried out and completed before the works authorised by the Hornsea One Offshore Wind Farm Order 2014 in that land commence.

Onshore decommissioning plan

20.-(1) Within 3 months of the cessation of commercial operation of the connection works, an onshore decommissioning plan must be submitted to the local planning authority for its approval.

(2) The decommissioning plan must be implemented as approved.

North Coates airfield

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

Control of noise during operational phase

22.-(1) The combined rating level (LAr,Tr) of the noise emitted during normal operation from the electrical transmission station, converter and associated plant, must not exceed 35 decibels at any residential property that has planning permission on 1st December 2014.

(2) The assessment must be carried out in accordance with BS 4142:2014 "Methods for rating and assessing industrial and commercial sound"(45).

Onshore co-operation

23.-(1) Before submitting any plan or document required to be submitted for approval under the Requirements, the undertaker in respect of the works to which the plan or document relates must provide a copy of the plan or document to the other undertaker under this Order.

(2) The other undertaker must provide any comments on the plan or document to the first undertaker within 14 days of receipt.

(3) On submission of any plan or document referred to in sub-paragraph (1) for approval, the undertaker in respect of the works to which the plan or document relates must also submit any comments received from the other undertaker under sub-paragraph (2) or a statement confirming that no such comments were received.

(4) Each undertaker must participate in liaison meetings with the other undertaker as requested from time to time by the local planning authority in writing in advance; and the meetings must be chaired by the local planning authority and must consider such matters as are determined by the local planning authority relating to the efficient construction and operation of the Project A works and the shared works above MLWS where they have an impact on the efficient construction and operation of the Project B works and the shared works above MLWS (and vice versa).

Intertidal access management plan

24.-(1) No part of the authorised development within the intertidal area may be commenced until an intertidal access management plan setting out details of the access routes to the intertidal area, the methods for accessing the intertidal area, the expected number of vehicles that will be accessing the intertidal area and the expected number of vehicle trips to the intertidal area required in relation to that part of the authorised development has been submitted to and approved by the local planning authority in consultation with Natural England.

(2) The undertaker must not exercise the power to maintain under article 7 (maintenance of authorised project) in the intertidal area until an intertidal access management plan setting out details of the access routes to the intertidal area, the methods for accessing the intertidal area, the expected number of vehicles that will be accessing the intertidal area and the expected number of vehicle trips to the intertidal area required for such maintenance activities has been submitted to and approved by the local planning authority in consultation with Natural England.

(3) If the local planning authority fails to notify the undertaker of its decision on whether to give approval within 2 months of receiving an intertidal access management plan for approval, the local planning authority is deemed to have given approval.

(4) The intertidal access management plan must be implemented as approved, unless otherwise agreed by the local planning authority.

Navigational safety at Saturn, Mimas and Tethys offshore platforms

25.-(1) No construction of any wind turbine generator forming part of the authorised development may commence until the Secretary of State, having consulted with the operator, is satisfied that appropriate mitigation will be implemented and maintained for the life of the authorised development.

(2) In this Requirement-

"appropriate mitigation" means measures to mitigate any adverse impacts which the operation of the authorised development will have on the ability of the operator's radar early warning system to ensure the safety of its Saturn, Mimas and Tethys offshore platforms during the life of the authorised development;

"operator" means ConocoPhillips (U.K.) Limited (company number 00524868) or successor operator of any of the Saturn, Mimas or Tethys offshore platforms;

"radar early warning system" means the radar early warning system used to monitor and track vessels proximate to the operator's offshore facilities via radio and network links (which is comprised primarily of radars fitted on a number of operator's offshore platforms and provides a multi-site, multi-sensor integrated marine surveillance system with logistic and emergency response co-ordination facilities).

(3) The undertaker must comply with all obligations contained within the appropriate mitigation for the life of the authorised development.

Requirement for written approval

26.  Where the approval, agreement or confirmation of the Secretary of State, the local planning authority or another person is required under a Requirement, that approval, agreement or confirmation must be given in writing.

Amendments to approved plans, etc.

27.-(1) Where a Requirement requires the authorised development to be carried out in accordance with a plan, scheme, code or details approved by the local planning authority or any other person (the "approved plan"), the approved plan must be taken to include any amendments that may subsequently be approved by the local planning authority or other person.

(2) Any amendments to the approved plan must be in accordance with the principles and assessments set out in the environmental statement; and approval for such amendments may be given only where it has been demonstrated to the satisfaction of the local planning authority or other person that the amendments are unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(3) Where the approved plan is required to be approved after consultation with another person, any amendments may be approved only after consultation with that person.

Article 9

SCHEDULE 2Streets subject to street works

Article 11

SCHEDULE 3Streets to be temporarily stopped up

Article 12

SCHEDULE 4Access to works

Articles 19 and 26

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

Article 19

SCHEDULE 6Modification of compensation and compulsory purchase enactments for creation of new rights, etc.

Compensation enactments modified

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

Land Compensation Act 1973 modified

2.-(1) Without limiting paragraph 1, the Land Compensation Act 1973(46) has effect subject to the modifications set out in sub-paragraphs (2) and (3).

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

(a)for "land is acquired or taken from", substitute "a right or restrictive covenant over land is purchased from or imposed on the land of"; and

(b)for "acquired or taken from him", substitute "over which the right is exercisable or the restrictive covenant enforceable".

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

(a)for "part" in paragraphs (a) and (b), substitute "a right over or restrictive covenant affecting land consisting";

(b)for "severance", substitute "right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden";

(c)for "part proposed", substitute "right or restrictive covenant proposed"; and

(d)for "part is", substitute "right or restrictive covenant is".

Compulsory Purchase Act 1965 modified

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

(a)the right acquired or to be acquired or the restrictive covenant imposed or to be imposed; or

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

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

4.  For section 7 of the 1965 Act (measure of compensation in case of severance), substitute the following section-

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

5.  For section 8 of the 1965 Act (other provisions as to divided land), substitute the following section-

"8.-(1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over, or a restrictive covenant affecting, land consisting of a house, building or manufactory or of a park or garden belonging to a house (the "relevant land")-

(a)a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (the "tribunal"); and

(b)before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest and-

(i)where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or

(ii)where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs,

the Hornsea Two Offshore Wind Farm Order 2016 (the "Order"), in relation to that person, ceases to authorise the purchase of the right or the imposition of a restrictive covenant and be deemed to authorise the purchase of that person's interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) must be determined by the tribunal.

(3) Where, in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1), the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.".

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

(a)section 9(4) (refusal to convey, failure to make title, etc.);

(b)paragraph 10(3) of Schedule 1 (persons without power to sell their interests);

(c)paragraph 2(3) of Schedule 2 (absent and untraced owners); and

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

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

7.  Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act(47) are modified correspondingly.

8.  Section 20 of the 1965 Act(48) (tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

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

Article 26

SCHEDULE 7Land of which temporary possession may be taken

PART 1Authorised project

PART 2Compensation compounds

PART 3Authorised project: access

PART 4Compensation compounds: access

Articles 2 and 36

SCHEDULE 8Marine Licence A1: Project A – Generation Assets

PART 1Licensed activities

Interpretation

1.-(1) In this licence-

"2008 Act" means the Planning Act 2008;

"2009 Act" means the Marine and Coastal Access Act 2009;

"ancillary works" means the ancillary works described in clause 2 of Part 1 of this licence that are not development within the meaning of section 32 of the 2008 Act;

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

"authorised deposits" means the substances and articles specified in clause 2(3) of Part 1 of this licence;

"authorised development" means the development described in Part 1 of Schedule 1 to the Order that is development within the meaning of section 32 of the 2008 Act;

"authorised project" means the authorised development and the ancillary works authorised by the Order;

"authorised scheme" means Work No. 1A described in clause 2 of Part 1 of this licence;

"commence" means the first carrying out of any part of the licensed activities, except for pre-construction surveys and monitoring; and "commencement" must be construed accordingly;

"Condition" means a condition set out in Part 2 of this licence;

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

"debris" means items or equipment of a significant size left on the seabed being lost from survey or construction vessels or the structures comprised within the authorised scheme;

"EIA Regulations" means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009;

"electrical circuit" means a number of electrical conductors necessary to transmit electricity between 2 points within the authorised project, comprising-

and the electrical circuit may include 1 or more auxiliary cables (normally fibre-optic cables) for the purpose of control, monitoring, protection or general communications;

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

"environmental statement" means the document certified as the environmental statement by the Secretary of State under article 40 of the Order;

"gravity base foundation" means-

"HVAC" means high voltage alternating current;

"HVDC" means high voltage direct current;

"in-principle monitoring plan" means the document certified as the in-principle monitoring plan by the Secretary of State under article 40 of the Order;

"intra-array electrical circuits" means the circuits described in clause 2(2)(b) of Part 1 of this licence;

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

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

"LAT" means lowest astronomical tide;

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

"maintain", unless otherwise provided for, includes inspect, repair, adjust, alter, remove, reconstruct and replace any of the authorised development; and any derivative of "maintain" must be construed accordingly;

"Marine Noise Registry" means the online database maintained by the Joint Nature Conservation Committee on behalf of the Department for Environment, Food and Rural Affairs that records the spatial and temporal distribution of impulsive noise-generating activities in United Kingdom seas in order that they can be analysed to determine whether they may potentially compromise the achievement of good environmental status;

"MCA" means the Maritime and Coastguard Agency;

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

"MMO" means the Marine Management Organisation;

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

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

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

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

"offshore HVDC converter substation" means a structure that contains equipment to convert HVAC electricity to HVDC electricity; it may also include a helicopter platform;

"Order" means the Hornsea Two Offshore Wind Farm Order 2016;

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

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

"survey vessel" means a vessel licensed to carry out environmental or engineering surveys;

"Trinity House" means the Corporation of Trinity House of Deptford Strond;

"UK Hydrographic Office" means the Hydrographic Office of the Ministry of Defence or any replacement body or successor to its functions;

"undertaker" means Optimus Wind Limited (company number 07883284) or, to the extent that the benefit of the provisions of the Order and related statutory rights in relation to Work No. 1A and such associated development or ancillary works has been transferred under article 35 of the Order to another person, that other person;

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

"wind farm area" means the area within the limits of deviation for Work No. 1A whose co-ordinates are set out in Part 1 of Schedule 1 to the Order and shown on the works plans;

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

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

"Work No. 1A" means an offshore wind generating station within the wind farm area and described as Work No. 1A in clause 2 of Part 1 of this licence;

"Work No. 1B" means an offshore wind generating station within the wind farm area and described as Work No. 1B in Part 1 of Schedule 1 to the Order;

"Work No. 2A" means up to 6 offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter substations together with a network of electrical circuits connecting the structures within Work Nos. 2A and 2B;

"Work No. 2B" means up to 6 offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter substations together with a network of electrical circuits connecting the structures within Work Nos. 2A and 2B;

"works plans" means the plans certified as the works plans by the Secretary of State under article 40 of the Order, comprising the offshore works plans, the intertidal works plans and the onshore works plans.

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

(3) Unless otherwise indicated-

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

(b)all co-ordinates are latitude and longitude degrees, minutes and seconds to 3 decimal places in WGS84 Datum.

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

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YH

Tel: 0300 123 1032

E-mail: [email protected]

(b)Marine Management Organisation (referred to as the "MMO Coastal Office")

Neville House

Central Riverside

Bell Street

North Shields

Tyne and Wear NE30 1LJ

Tel (24-hour answer phone): 0191 257 4520 or 0191 257 0159

E-mail: [email protected]

(c)Trinity House

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900

(d)The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: 01823 337 900

(e)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton SO15 1EG

Tel: 023 8032 9191

(f)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk NR33 0HT

Tel: 01502 562 244

(g)Natural England

Foss House

Kings Pool

1-2 Peasholme Green

York YO1 7PX

Tel: 0300 060 1911

(h)Historic Buildings and Monuments Commission for England (referred to as "Historic England")

Eastgate Court

195-205 High Street

Guildford GU1 3EH

Tel: 01483 252 057.

Details of licensed activities

2.-(1) This licence authorises the undertaker (and any agent or contractor acting on its behalf) to carry out the following licensable marine activities pursuant to section 66(1) of the 2009 Act, subject to the Conditions-

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

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

(c)dredging for the purposes of seabed preparation for foundation works and/or electrical circuit works;

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

(e)the disposal at disposal site reference HU211 of up to 2,427,666 cubic metres comprising inert material of natural origin produced during construction drilling and seabed preparation for foundation works and/or dredged material produced during seabed preparation for foundation works comprised in Work No. 1A, provided that the combined total volume of inert material of natural origin produced during construction drilling and seabed preparation for foundation works and/or dredged material produced during seabed preparation for foundation works comprised in Work Nos. 1A and 1B disposed of at disposal site reference HU211 must not exceed 2,427,666 cubic metres;

(f)the disposal at disposal site reference HU211 of up to 400,852 cubic metres comprising inert material of natural origin and/or dredged material produced during cable laying preparation works comprised in Work No. 1A, provided that the combined total volume of inert material of natural origin and/or dredged material produced during cable laying preparation works comprised in Work Nos. 1A and 1B disposed of at disposal site reference HU211 must not exceed 400,852 cubic metres; and

(g)the removal of the substances and articles specified in paragraph (3).

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

Work No. 1A - An offshore wind generating station within the wind farm area comprising-

(a)up to 300 wind turbine generators fixed to the seabed, provided that the combined total of wind turbine generators constructed in whole or in part within Work Nos. 1A and 1B must not exceed 300;

(b)a network of subsea intra-array electrical circuits connecting the structures comprised in Work No. 1A-

(i)with other such structures;

(ii)with any other structure located within the wind farm area; and

(iii)with the network of electrical circuits comprised in Work Nos. 1B, 2A and 2B;

(c)up to 2 offshore accommodation platforms fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter substations within Work No. 2A by an unsupported steel bridge and up to 2 electrical circuits each connecting an accommodation platform to either an offshore HVAC collector substation or to a wind turbine generator in order to power the accommodation platform, provided that the combined total of offshore accommodation platforms constructed in whole or in part within Work Nos. 1A and 1B must not exceed 2.

Co-ordinates for wind farm area (limits of deviation for Work Nos. 1A, 1B, 2A and 2B)-

And in connection with Work No. 1A, further associated development as may be necessary or expedient in connection with the authorised scheme within the Order limits and is within the scope of the environmental impact assessment recorded in the environmental statement.

And in connection with Work No. 1A, ancillary works consisting of works and operations within the Order limits comprising temporary anchorage of vessels and buoys, beacons, fenders and other navigational warning or ship impact protection works.

(3) The substances or articles authorised for deposit at sea and removal are-

(a)iron and steel;

(b)stone and rock;

(c)concrete;

(d)sand and gravel;

(e)plastic and synthetic; and

(f)material extracted from within the wind farm area during construction drilling and seabed preparation for foundation works.

(4) The grid co-ordinates for disposal site reference HU211 are-

(5) Section 72 of the 2009 Act applies to this licence, except that subsections (7) and (8) relating to the transfer of the licence apply only to a transfer not falling within article 35 of the Order.

Maintenance of authorised project

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

(2) No maintenance works whose likely effects on the environment require to be assessed in accordance with the EIA Regulations and are not assessed in the environmental statement may be carried out, unless otherwise approved by the MMO.

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

Duration

4.  This licence remains in force until the authorised scheme has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 of the Energy Act 2004, including any modification to the programme under section 108(49), and the completion of the programme has been confirmed by the Secretary of State in writing.

PART 2Licence conditions

Design parameters

1.-(1) No wind turbine generator forming part of Work No. 1A may-

(a)be more than 151 metres from LAT to the turbine hub;

(b)exceed a height of 276 metres from LAT to the upper tip of the vertical blade;

(c)exceed a rotor diameter of 241.03 metres;

(d)be less than 34.97 metres from LAT to the lowest point of the rotating blade;

(e)be less than 810 metres from the nearest wind turbine generator in all directions.

(2) In this Condition, references to the location of a wind turbine generator are references to the centre point of the turbine.

(3) No offshore accommodation platform forming part of Work No. 1A may-

(a)exceed 64 metres in height above LAT;

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

(4) The diameter of the electrical cables comprising the electrical circuits within Work No. 1A must not exceed 170 millimetres.

(5) The combined total length of the connections in the form of electrical circuits between the structures comprised in Work Nos. 1A and 1B must not exceed 685 kilometres.

(6) The electrical circuits comprised in Work No. 1A must be installed by use of, or a combination of, ploughing, trenching, jetting, rock-cutting, dredging, surface laying with post-lay burial and, where ground conditions make burial impracticable, by surface laying.

2.-(1) The undertaker must in fixing to the seabed any structures comprised in Work No. 1A use one of the following methods-

(a)monopile foundations;

(b)jacket foundations supported by piles; or

(c)gravity base foundations.

(2) The following parameters apply in respect of the foundation methods used to fix wind turbine generators comprised in Work No. 1A to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,963 square metres;

(ii)the diameter of each foundation must not exceed 10 metres;

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

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 2,827 square metres;

(ii)the number of piles per jacket must not exceed 12;

(iii)the diameter of each pile must not exceed 6 metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and scour protection for each individual structure must not exceed 12,596 square metres;

(ii)the number of piles per jacket must not exceed 4;

(iii)the diameter of each pile must not exceed 21.1 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 7,543 square metres;

(ii)the seabed levelling diameter must not exceed 78 metres;

(iii)the cone diameter must not exceed 58 metres at its base.

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

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,963 square metres;

(ii)the diameter of each foundation must not exceed 10 metres;

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

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

(ii)the number of piles must not exceed 8;

(iii)the diameter of each pile must not exceed 3 metres;

(c)where jacket foundations (suction piles) are used-

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

(ii)the number of piles per jacket must not exceed 4;

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

(d)where gravity base foundations are used-

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

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

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

(4) The total volume of scour protection for the wind turbine generators and the offshore accommodation platforms forming part of Work No. 1A must not exceed 4,761,555 cubic metres, provided that the combined total volume of scour protection for the wind turbine generators and the offshore accommodation platforms forming part of Work Nos. 1A and 1B must not exceed 4,761,555 cubic metres.

Navigational practice, safety and emergency response

3.-(1) No part of the authorised scheme seaward of MHWS may commence until the MMO, in consultation with the MCA, has given written approval for an emergency response co-operation plan which includes full details of the emergency co-operation plans for the construction, operation and decommissioning phases of that part of the authorised scheme in accordance with the MCA recommendations contained within MGN 371 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues"(50).

(2) No part of the authorised scheme seaward of MHWS 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 development, adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN 371 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues" (including its annexes).

(3) The emergency response co-operation plan must be implemented as approved, unless otherwise agreed in writing by the MMO, in consultation with the MCA.

Aids to navigation

4.-(1) The undertaker must during the whole period from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning-

(a)exhibit such lights, marks, sounds, signals and other aids to navigation and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct;

(b)colour all structures in the authorised scheme as directed by Trinity House;

(c)keep Trinity House and the MMO informed of progress of the authorised scheme seaward of MHWS including-

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

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

(iii)notice within 5 working days of completion of construction of the authorised scheme;

(d)submit reports to Trinity House detailing the working condition of aids to navigation quarterly, or as requested by Trinity House;

(e)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.

(2) Except as otherwise required by Trinity House under paragraph (1), the undertaker must colour all structures comprised in Work No. 1A yellow (colour code RAL 1023) from at least highest astronomical tide to a height as directed by Trinity House.

(3) Unless the MMO otherwise directs, the undertaker must paint the remainder of the structures submarine grey (colour code RAL 7035).

Notifications and inspections

5.-(1) The undertaker must ensure that-

(a)a copy of this licence and any subsequent amendments or revisions to it are provided to-

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

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

(b)within 28 days of receipt of a copy of this licence, the persons referred to in sub-paragraph (a) provide a completed confirmation form to the MMO confirming their understanding of the terms of this licence.

(2) Only the persons and vessels notified to the MMO in accordance with Condition 11 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 are to be made.

(4) The documents referred to in paragraph (1)(a) must be available for inspection by an enforcement officer at the locations set out in paragraph (3) at any time.

(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 Marine Licensing Team and the MMO Coastal Office in writing at least 5 working days before the commencement of the licensed activities or any part of them.

(7) The Kingfisher Information Service of Seafish must be informed by email of details of the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant part to [email protected]

(a)at least 2 weeks before the construction of the authorised scheme or relevant part, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

(b)on completion of the construction of the authorised scheme or relevant part.

Confirmation of notification must be provided to the MMO within 5 working days of notification to the Kingfisher Information Service of Seafish.

(8) The undertaker must ensure that a notice to mariners is issued at least 10 working days before the commencement of the licensed activities advising of the commencement of licensed activities within the wind farm area and the expected vessel routes from the local service ports to the location of the works comprised within the authorised scheme.

(9) The undertaker must ensure that the notices to mariners are updated and reissued at weekly intervals during construction activities and at least 5 days before any planned operation and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under Condition 8(2)(a). Copies of all notices must be provided to the MMO within 10 working days of issue.

(10) The undertaker must notify-

(a)the UK Hydrographic Office of commencement (within 2 weeks), progress and completion (within 2 weeks) of the authorised scheme in order that all necessary amendments to nautical charts are made, and the undertaker must send a copy of such notifications to the MMO; and

(b)the Defence Geographic Centre (at least 4 weeks before) of the commencement of the authorised scheme and of the progress and completion (within 2 weeks) of the authorised scheme, in order that all necessary amendments to aviation charts are made.

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

(12) In the event that the Marine Noise Registry has gone live before the commencement of impact pile driving-

(a)the undertaker must submit details of the expected location, start and end dates of impact pile driving to the Marine Noise Registry before the commencement of the impact pile driving; and

(b)the undertaker must notify the MMO of the successful submission of the details required under sub-paragraph (a) within 7 days of the submission.

(13) In the event that the Marine Noise Registry has gone live at the time of impact pile driving-

(a)the undertaker must submit the exact locations and dates of impact pile driving to the Marine Noise Registry at 6-month intervals from the commencement of impact pile driving until the completion of impact pile driving. The final data must be submitted within 12 weeks of completion of impact pile driving; and

(b)the undertaker must notify the MMO of the successful submission of the details required under sub-paragraph (a) within 7 days of the submission.

Chemicals, drilling and debris

6.-(1) 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(51), unless otherwise agreed in writing by the MMO.

(2) The undertaker must ensure that any coatings or treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive or the Environment Agency Pollution Prevention 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) Where foundation drilling works are proposed, in the event that any system other than water based mud is proposed, the MMO's written approval in relation to the proposed disposal of any arisings must be obtained before the drilling commences, which disposal may also require a marine licence.

(5) The undertaker must ensure that, where practicable, any debris arising from the construction of the authorised scheme or temporary works placed seaward of MHWS is removed by a date no later than 28 days following the undertaker becoming aware of the debris after the completion of the authorised scheme (or by such later date as may be agreed in writing by the MMO). In the event that the debris cannot practicably be removed, the undertaker must notify the MMO, Trinity House and the MCA within 7 days of becoming aware that the debris cannot practicably be removed.

(6) At least 10 days before the commencement of the licensed activities, the undertaker must submit to the MMO an audit sheet covering all aspects of the construction of the authorised scheme, and no works may commence until the audit sheet content has been agreed with the MMO. The audit sheet must include details of-

(a)loading facilities;

(b)vessels;

(c)equipment;

(d)shipment routes;

(e)working schedules; and

(f)all components and materials to be used in the construction of the authorised scheme.

(7) The audit sheet must be maintained throughout the construction of the authorised scheme, and the MMO must be notified of any changes on a fortnightly basis.

(8) In the event that the undertaker becomes aware that any of the materials on the audit sheet cannot be accounted for, it must notify the MMO within 24 hours where possible, and in any event within 5 days of becoming aware using the dropped object procedure form. 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. Local fishermen must be invited to send a representative to be present during the survey. The MMO may require any new obstructions associated with the authorised scheme to be removed from the seabed at the undertaker's expense if reasonable to do so.

(9) All debris arising from the operation and maintenance of the authorised scheme must be reported to the MMO using the dropped object procedure form within 24 hours where possible, and in any event within 5 days of the undertaker becoming aware of the 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 any new obstructions associated with the authorised scheme to be removed from the seabed at the undertaker's expense if reasonable to do so.

(10) The undertaker must inform the MMO of the location and quantities of inert material and dredged material disposed of each month under this licence, by submission of a disposal return by 31st January each year for disposals occurring during the months July to December inclusive of the preceding year, and by 31st July each year for disposals occurring during the months January to June inclusive of that year.

(11) The undertaker must ensure that only-

(a)inert material of natural origin and drilling mud, produced during construction drilling and seabed preparation for foundation works comprised in Work No. 1A;

(b)dredged material produced during seabed preparation for foundation works comprised in Work No. 1A; and

(c)inert material of natural origin and dredged material produced during cable laying preparation works comprised in Work No. 1A;

is disposed of at disposal site reference HU211.

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

(13) 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.

(14) The undertaker must notify the MMO within 48 hours of the completion of the final authorised disposal at disposal site reference HU211.

Force majeure

7.  If, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit-

(a)authorised deposits outside of the wind farm area or disposal site reference HU211; or

(b)unauthorised deposits within or outside of the wind farm area or disposal site reference HU211,

because the safety of human life or of the vessel is threatened, full details of the circumstances of the deposit must be notified to the MMO within 48 hours.

Pre-construction plans and documentation

8.-(1) The licensed activities may not commence until a plan setting out proposed details of the authorised scheme and including the following (insofar as relevant to that activity or phase of activity) has been submitted to and approved in writing by the MMO following appropriate consultation with Trinity House and the MCA-

(a)number, dimensions, specification, foundation types and depth for each wind turbine generator and offshore accommodation platform;

(b)grid co-ordinates of the centre point of the proposed location for each wind turbine generator and offshore accommodation platform, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions;

(c)proposed layout of all cables, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions; and

(d)location and specification of all other aspects of the authorised scheme, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions.

(2) The licensed activities, or any phase of those activities, may not commence until a code of construction practice incorporating the following (insofar as relevant to that activity or phase of activity) has been submitted to and approved in writing by the MMO-

(a)a construction and monitoring programme, to include details of-

(i)the proposed construction start date;

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

(iii)proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with Conditions 13, 14 and 15. The pre-construction survey programme and all pre-construction survey methodologies must be submitted to the MMO for written approval by the MMO in consultation with the relevant statutory nature conservation body at least 4 months before the commencement of any survey works detailed within;

(b)a construction method statement in accordance with the environmental statement, including details of-

(i)foundation installation, including any seabed preparation, drilling and disposal of arisings methods;

(ii)turbine installation, including any seabed preparation and scour protection;

(iii)installation of offshore accommodation platforms, including any seabed preparation and scour protection;

(iv)circuit installation, including any seabed preparation and circuit protection;

(v)contractors;

(vi)vessels; and

(vii)associated works;

(c)a project environmental management and monitoring plan, 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 during construction and operation of the authorised scheme in relation to all activities carried out seaward of MHWS. The plan must include a mechanism for reporting oil, fuel and chemical spills to the MMO Marine Pollution Response Team;

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

(iii)a disposal plan detailing the locations, methods and timings of dredging and disposal, as well as disposal site monitoring requirements;

(iv)waste management and disposal arrangements;

(v)locations of any archaeological exclusion zones agreed as part of the written scheme of archaeological investigation approved under sub-paragraph (g); and

(vi)the appointment and responsibilities of a fisheries liaison officer and an environmental liaison officer;

(d)a scour protection management and cable armouring plan providing details of the need, type, sources, quantity, location and installation methods for scour protection and cable armouring to be within the scope of the environmental impact assessment recorded in the environmental statement;

(e)in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol, the intention of which is to prevent injury and/or significant disturbance to marine mammals, following current best practice as advised by the statutory nature conservation bodies, which may include, but is not limited to-

(i)identification of a marine mammal mitigation zone ("MMMZ");

(ii)appointment of an appropriate number of suitably qualified marine mammal observers;

(iii)methods for the detection of marine mammals within the MMMZ whether visually (by the marine mammal observers) or acoustically using passive acoustic monitoring equipment or other means of detection;

(iv)a reporting methodology to enable efficient communication between the marine mammal observers and the person responsible for approving commencement of piling;

(v)an appropriate soft start procedure whereby piling activities do not commence until an agreed time has elapsed and during which marine mammals have not been detected within the MMMZ;

(vi)where appropriate, methods for the application of acoustic deterrent devices; and

(vii)where appropriate, consideration of the use of noise reduction at source technologies;

(f)a cable specification and installation plan, to include-

(i)technical specification of offshore electrical circuits, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable burial depth in accordance with industry good practice; and

(ii)a detailed cable laying plan, including geotechnical data, cable laying techniques and a cable 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) to be taken to ensure existing and future safe navigation is not compromised;

(g)a written scheme of archaeological investigation in relation to the wind farm area in accordance with industry good practice, to include-

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

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

(iii)analysis and reporting of survey data to be submitted to the MMO within 4 months of survey completion;

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

(v)monitoring during and post-construction, including a conservation programme for finds;

(vi)archiving of archaeological material; and

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

(h)a plan for marine mammal monitoring setting out the circumstances in which marine mammal monitoring will be required and the monitoring to be carried out in such circumstances;

(i)an offshore project maintenance plan to be submitted to the MMO at least 4 months before commencement of the operation of the licensed activities and to include provision for the review and resubmission of the plan every 3 years during the operational phase;

(j)an aids to navigation management plan specifying how the undertaker will ensure compliance with Condition 4 from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning;

(k)an ornithological monitoring plan setting out the circumstances in which ornithological monitoring will be required and the monitoring to be carried out in such circumstances.

(3) Before the submission of the pre-construction plans and documentation required by this Condition, the undertaker must provide a copy of the plans and documentation to the other undertakers under the Order.

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

(5) Before giving its approval under paragraph (2), the MMO must-

(a)in relation to any programme, statement, plan or protocol submitted under sub-paragraphs (a) to (f), (h), (i) or (k), consult the relevant statutory nature conservation body;

(b)in relation to a scheme submitted under sub-paragraph (g), consult Historic England; and

(c)in relation to a plan submitted under sub-paragraph (j), consult Trinity House.

(6) In the event that driven or part-driven pile foundations are proposed to be used, the MMO must not approve the plan referred to in paragraph (1) or the code referred to in paragraph (2) unless the MMO is satisfied, after consulting such persons as the Secretary of State may specify in relation to the plan or the part of the code specified by the Secretary of State (in addition to the persons with whom consultation is otherwise required under this Condition), that either the plan or code (or both of them) provide such mitigation as is necessary to avoid adversely affecting the integrity (within the meaning of the 2007 Regulations) of a relevant site, to the extent that marine mammals are a protected feature of that site.

(7) The mitigation referred to in paragraph (6) may include (without limitation)-

(a)seasonal restrictions to piling;

(b)scheduling of piling, having regard to previous, ongoing and future piling associated with other offshore developments, based on an updated assessment of cumulative impacts;

(c)subject to the terms and conditions of this licence, changing the location of wind turbine generators;

(d)the use of alternative foundation methodologies, such as jacket foundations (suction piles) or gravity base foundations;

(e)the use of noise reduction at source technologies;

(f)the use of other relevant technologies or methodologies that may emerge in the future.

(8) In paragraph (6), "relevant site" means-

(a)a European offshore marine site;

(b)a European site.

(9) For the purpose of paragraph (6)-

(a)the Southern North Sea possible Special Area of Conservation must be treated as a European offshore marine site until-

(i)that Area (or any part of it) becomes a European offshore marine site or a European site; or

(ii)it is decided that no part of that Area should be a European offshore marine site or a European site; and

(b)harbour porpoise must be treated as a protected feature of the Southern North Sea possible Special Area of Conservation.

(10) In this Condition-

"2007 Regulations" means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007(52);

"disturbance" must be construed in accordance with regulation 39(1)(b) of the 2007 Regulations;

"European offshore marine site" has the meaning given in regulation 15 of the 2007 Regulations;

"European site" has the meaning given in regulation 24 of the 2007 Regulations;

"Southern North Sea possible Special Area of Conservation" means the Southern North Sea possible Special Area of Conservation as set out in the JNCC 2016 Harbour Porpoise Possible Special Area of Conservation Consultation dated January 2016(53).

9.  The undertaker must 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 form with a digital copy of the report within 6 months of completion of construction of the authorised scheme. The undertaker must notify the MMO that the OASIS report has been submitted to the National Record of the Historic Environment within 2 weeks of the submission.

10.-(1) Each programme, statement, plan, protocol or scheme required to be approved under Condition 8-

(a)must be submitted for approval at least 4 months before the intended start of construction, except where otherwise stated or where an alternative date is agreed in writing by the MMO; and

(b)must be accompanied by-

(i)a statement confirming that the undertaker has complied with Condition 8(3) in relation to the programme, statement, plan, protocol or scheme; and

(ii)any comments received by the undertaker from the other undertakers, or a statement from the undertaker confirming that no such comments were received.

(2) The undertaker must comply with the plans and documentation approved under Condition 8 in carrying out the licensed activities unless otherwise agreed in writing by the MMO.

(3) Before agreeing an alternative date under paragraph (1)(a) or a change to approved details under paragraph (2) relating to any document in respect of which consultation is required under Condition 8(5), the MMO must consult the relevant consultation body referred to in that Condition.

Reporting of engaged agents, contractors and vessels

11.-(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 at least 5 working days before the commencement of the licensed activities or any part of them; and

(b)each week during the construction of the authorised scheme, a completed Hydrographic Note H102 listing the construction 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 and MMO Coastal Office in writing before the agent, contractor or vessel engages in the licensed activities.

(3) All agents, contractors and vessel operators comply with the Conditions.

Equipment and operation of vessels engaged in licensed activities

12.-(1) All vessels employed to perform the licensed activities must be constructed and equipped to be capable of the proper performance of the activities in accordance with the Conditions and must comply with paragraphs (2) to (5).

(2) All motor-powered vessels must be fitted with-

(a)an electronic positioning aid to provide navigational data;

(b)radar;

(c)an echo sounder; and

(d)multi-channel VHF.

(3) All vessel names or identification must be clearly marked on the hull or superstructure of the vessel.

(4) All communication on VHF working frequencies must be in English.

(5) No vessel may engage in the licensed activities until all the equipment specified in paragraph (2) is fully operational.

Pre-construction monitoring and surveys

13.-(1) The undertaker must, in discharging Condition 8(2)(a), submit details for written approval by the MMO in consultation with the relevant conservation body of proposed pre-construction surveys, including methodologies (including appropriate buffers, where relevant) and timings, and a proposed format and content for a pre-construction baseline report; and-

(a)the survey proposals must be in general accordance with the principles set out in the in-principle monitoring plan and 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) Subject to receipt from the undertaker of specific proposals pursuant to this Condition, so far as applicable, the pre-construction surveys must comprise, in outline-

(a)a high-resolution swath bathymetric survey to include a 100% coverage and a side-scan sonar survey of the parts of the wind farm area in which it is proposed to carry out construction works and disposal activities under this licence;

(b)any ornithological monitoring required by the ornithological monitoring plan submitted in accordance with Condition 8(2)(k);

(c)a survey to determine the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance (including Annex 1 habitats) in the parts of the wind farm area in which it is proposed to carry out construction works under this licence; and

(d)any marine mammal monitoring required by the plan for marine mammal monitoring submitted in accordance with Condition 8(2)(h).

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

Construction monitoring

14.-(1) The undertaker must, in discharging Condition 8(2)(a), submit details for written approval by the MMO in consultation with the relevant statutory nature conservation body of any proposed construction monitoring, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in general accordance with the principles set out in the in-principle monitoring plan and 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) Subject to receipt from the undertaker of specific proposals pursuant to this Condition, so far as applicable, the construction monitoring must comprise, in outline-

(a)unless the MMO agrees otherwise in writing, measurements of noise generated by the installation of the first 4 foundations of each discrete foundation type to be constructed under this licence where driven or part-driven pile foundations are used;

(b)recording of any visual sightings or acoustic detection of marine mammals where required as part of the marine mammal mitigation protocol under Condition 8(2)(e); and

(c)any ornithological monitoring required by the ornithological monitoring plan submitted in accordance with Condition 8(2)(k).

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

(4) The results of the initial noise measurements monitored in accordance with paragraph (2)(a) must be provided to the MMO within 6 weeks of the installation of the first 4 foundations of each discrete foundation type for the MMO to determine, following assessment of this report, whether any further noise monitoring is required.

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

Post-construction

15.-(1) The undertaker must, in discharging Condition 8(2)(a), submit details for written approval by the MMO in consultation with the relevant statutory nature conservation body of proposed post-construction surveys, including methodologies (including appropriate buffers, where relevant) and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in general accordance with the principles set out in the in-principle monitoring plan and 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) Subject to receipt of specific proposals, so far as applicable, the post-construction surveys must comprise, in outline-

(a)any ornithological monitoring required by the ornithological monitoring plan submitted in accordance with Condition 8(2)(k);

(b)a high-resolution swath bathymetric survey of the following to assess any changes in bedform morphology-

(i)a representative sample area, as may be agreed in writing with the MMO, of the parts of the wind farm area within which construction works and disposal activities were carried out under this licence, and such further monitoring as may be required to ensure that the cables have been buried or protected; and

(ii)an area not to exceed 125% of the predicted scour area around a selection of turbines, such selection to be based on the desk-based assessment;

(c)a survey to determine any change in the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance (including Annex 1 habitats) identified in the pre-construction survey in the parts of the wind farm area in which construction works were carried out. The survey design must be informed by the results of the pre-construction benthic survey;

(d)any marine mammal monitoring required by the plan for marine mammal monitoring submitted in accordance with Condition 8(2)(h); and

(e)vessel traffic monitoring by automatic identification system, for 28 days taking account seasonal variations in traffic patterns, for a maximum duration of 1 year post-construction. A report must be submitted to the MMO and the MCA at the end of the first year after construction is completed.

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

(4) Before carrying out the survey required under paragraph (2)(b), the undertaker must submit to the MMO for written approval a desk-based assessment (which takes account of all factors which influence scour) identifying the turbines with greatest potential for scour. The survey must be used to validate the desk-based assessment, and the significance of any differences between the predicted scour and recorded scour must be assessed in the survey report which must be submitted to the MMO. The need for further surveys must be agreed in writing with the MMO following submission of the first year of survey data.

Offshore decommissioning

16.-(1) No decommissioning activities may commence until a plan for the carrying out of the activities has been submitted to and approved in writing by the MMO.

(2) The plan must be submitted for approval at least 4 months before the intended start of the decommissioning activities, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(3) The plan must be implemented as approved.

Amendments to approved plans, etc.

17.-(1) Where any Condition requires the licensed activities to be carried out in accordance with any plan, programme, code, statement, protocol, scheme or details (the "plan") approved by the MMO, the approved plan must be taken to include any amendment to the plan that may subsequently be approved in writing by the MMO.

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

Articles 2 and 36

SCHEDULE 9Marine Licence A2: Project A – Transmission Assets

PART 1Licensed activities

Interpretation

1.-(1) In this licence-

"2008 Act" means the Planning Act 2008;

"2009 Act" means the Marine and Coastal Access Act 2009;

"ancillary works" means the ancillary works described in clause 2 of Part 1 of this licence that are not development within the meaning of section 32 of the 2008 Act;

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

"authorised deposits" means the substances and articles specified in clause 2(3) of Part 1 of this licence;

"authorised development" means the development described in Part 1 of Schedule 1 to the Order that is development within the meaning of section 32 of the 2008 Act;

"authorised project" means the authorised development and the ancillary works authorised by the Order;

"authorised scheme" means Work Nos. 2A, 3A, 4A and 5A described in clause 2 of Part 1 of this licence;

"Cefas" means the Centre for Environment, Fisheries and Aquaculture Science or any replacement body;

"commence" means the first carrying out of any part of the licensed activities, except for pre-construction surveys and monitoring; and "commencement" must be construed accordingly;

"Condition" means a condition set out in Part 2 of this licence;

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

"debris" means items or equipment of a significant size left on the seabed being lost from survey or construction vessels or the structures comprised within the authorised scheme;

"EIA Regulations" means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009;

"electrical circuit" means a number of electrical conductors necessary to transmit electricity between 2 points within the authorised project, comprising-

and the electrical circuit may include 1 or more auxiliary cables (normally fibre-optic cables) for the purpose of control, monitoring, protection or general communications;

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

"environmental statement" means the document certified as the environmental statement by the Secretary of State under article 40 of the Order;

"gravity base foundation" means-

"high tide" means the state of the tide when it reaches its highest level during a tidal cycle, as may be published from time to time on the UK Hydrographic Office Admiralty EasyTide Website or such other publication as may be approved by the MMO;

"HVAC" means high voltage alternating current;

"HVDC" means high voltage direct current;

"in-principle monitoring plan" means the document certified as the in-principle monitoring plan by the Secretary of State under article 40 of the Order;

"intertidal area" means the area between MHWS and MLWS;

"intertidal works plans" means the part of the works plans described as the intertidal works plans;

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

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

"LAT" means lowest astronomical tide;

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

"maintain", unless otherwise provided for, includes inspect, repair, adjust, alter, remove, reconstruct and replace any of the authorised development; and any derivative of "maintain" must be construed accordingly;

"major storm event" means a greater than 1 in 10 year wave event within the offshore Order limits seaward of MHWS in terms of wave height, measured by reference to the height of waves recorded at the nearest wave buoy to the authorised scheme as agreed with the MMO and the WaveNet data published by Cefas, or such other means of measurement as may be agreed with the MMO;

"Marine Noise Registry" means the online database maintained by the Joint Nature Conservation Committee on behalf of the Department for Environment, Food and Rural Affairs that records the spatial and temporal distribution of impulsive noise-generating activities in UK seas in order that they can be analysed to determine whether they may potentially compromise the achievement of good environmental status;

"MCA" means the Maritime and Coastguard Agency;

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

"MLWS" (mean low water springs) means the lowest level which spring tides reach on average over a period of time;

"MMO" means the Marine Management Organisation;

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

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

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

"offshore HVDC converter substation" means a structure that contains equipment to convert HVAC electricity to HVDC electricity; it may also include a helicopter platform;

"offshore Order limits" means the limits shown on the offshore works plans and the intertidal works plans within which the authorised scheme may be carried out whose grid co-ordinates are set out in clause 2(2) of Part 1 of this licence;

"offshore reactive compensation substation" means a structure housing electrical reactors for the purpose of limiting electrical losses in the course of HVAC transmission by providing reactive compensation; it may also include a helicopter platform;

"offshore works plans" means the part of the works plans described as the offshore works plans;

"Order" means the Hornsea Two Offshore Wind Farm Order 2016;

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

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

"survey vessel" means a vessel licensed to carry out environmental or engineering surveys;

"Trinity House" means the Corporation of Trinity House of Deptford Strond;

"UK Hydrographic Office" means the Hydrographic Office of the Ministry of Defence or any replacement body or successor to its functions;

"undertaker" means Optimus Wind Limited (company number 07883284) or, to the extent that the benefit of the provisions of the Order and related statutory rights in relation to Work Nos. 2A, 3A, 4A or 5A and such associated development or ancillary works has been transferred under article 35 of the Order to another person, that other person;

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

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

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

"Work No. 2A" means the works described as Work No. 2A in clause 2 of Part 1 of this licence;

"Work No. 2B" means up to 6 offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter substations together with a network of electrical circuits connecting the structures within Work Nos. 2A and 2B;

"Work No. 3A" means the works described as Work No. 3A in clause 2 of Part 1 of this licence;

"Work No. 3B" means up to 2 offshore reactive compensation substations fixed to the seabed in the event that the mode of transmission is HVAC;

"Work No. 4A" means the works described as Work No. 4A in clause 2 of Part 1 of this licence;

"Work No. 4B" means a marine connection to the shore, including cable and pipeline crossing works which-

and in either case terminating at Work No. 5B;

"Work No. 5A" means the works described as Work No. 5A in clause 2 of Part 1 of this licence;

"Work No. 5B" means a foreshore connection consisting of an extension of the electrical circuits comprised in Work No. 4B, including cable crossing works, crossing under the existing sea wall using a trenchless technique and terminating at the electrical circuit transition joint bays comprising Work No. 6B;

"Work No. 6A" means up to 8 underground electrical circuit transition joint bays in the vicinity of Horseshoe Point in the parish of North Coates in the county of Lincolnshire, housing the connections between the offshore electrical circuits comprised in Work No. 5A and the onshore electrical circuits;

"Work No. 6B" means up to 8 underground electrical circuit transition joint bays in the vicinity of Horseshoe Point in the parish of North Coates in the county of Lincolnshire, housing the connections between the offshore electrical circuits comprised in Work No. 5B and the onshore electrical circuits;

"works plans" means the plans certified as the works plans by the Secretary of State under article 40 of the Order, comprising the offshore works plans, the intertidal works plans and the onshore works plans.

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

(3) Unless otherwise indicated-

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

(b)all co-ordinates are latitude and longitude degrees, minutes and seconds to 3 decimal places in WGS84 Datum.

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

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YH

Tel: 0300 123 1032

E-mail: [email protected]

(b)Marine Management Organisation (referred to as the "MMO Coastal Office")

Neville House

Central Riverside

Bell Street

North Shields

Tyne and Wear NE30 1LJ

Tel (24-hour answer phone): 0191 257 4520 or 0191 257 0159

E-mail: [email protected]

(c)Trinity House

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900

(d)The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: 01823 337 900

(e)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton SO15 1EG

Tel: 023 8032 9191

(f)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk NR33 0HT

Tel: 01502 562 244

(g)Natural England

Foss House

Kings Pool

1-2 Peasholme Green

York YO1 7PX

Tel: 0300 060 1911

(h)Historic Buildings and Monuments Commission for England (referred to as "Historic England")

Eastgate Court

195-205 High Street

Guildford GU1 3EH

Tel: 01483 252 057

(i)Environment Agency

Waterside House

Waterside North

Lincoln LN2 5HA

Tel: 03708 506 506.

Details of licensed activities

2.-(1) This licence authorises the undertaker (and any agent or contractor acting on its behalf) to carry out the following licensable marine activities pursuant to section 66(1) of the 2009 Act, subject to the Conditions-

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

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

(c)dredging for the purposes of seabed preparation for foundation works and/or electrical circuit works;

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

(e)the disposal at disposal site reference HU211 of up to 324,454 cubic metres comprising inert material of natural origin produced during construction drilling and seabed preparation for foundation works and/or dredged material produced during seabed preparation for foundation works comprised in Work No. 2A, provided that the combined total volume of inert material of natural origin produced during construction drilling and seabed preparation for foundation works and/or dredged material produced during seabed preparation for foundation works comprised in Work Nos. 2A and 2B disposed of at disposal site reference HU211 must not exceed 324,454 cubic metres;

(f)the disposal at disposal site reference HU211 of up to 92,048 cubic metres comprising inert material of natural origin and/or dredged material produced during cable laying preparation works comprised in Work Nos. 2A and 4A, provided that the combined total volume of inert material of natural origin and/or dredged material produced during cable laying preparation works comprised in Work Nos. 2A, 2B, 4A and 4B disposed of at disposal site reference HU211 must not exceed 92,048 cubic metres;

(g)the disposal at disposal site reference HU209 of up to 38,485 cubic metres comprising inert material of natural origin produced during construction drilling and seabed preparation for foundation works and/or dredged material produced during seabed preparation for foundation works comprised in Work No. 3A, provided that the combined total volume of inert material of natural origin produced during construction drilling and seabed preparation for foundation works and/or dredged material produced during seabed preparation for foundation works comprised in Work Nos. 3A and 3B disposed of at disposal site reference HU209 must not exceed 38,485 cubic metres;

(h)the disposal at disposal site reference HU209 of up to 1,269,000 cubic metres comprising inert material of natural origin and/or dredged material produced during cable laying preparation works comprised in Work No. 4A, provided that the combined total volume of inert material of natural origin and/or dredged material produced during cable laying preparation works comprised in Work Nos. 4A and 4B disposed of at disposal site reference HU209 must not exceed 1,269,000 cubic metres;

(i)the disposal at disposal site reference HU210 of up to 131,000 cubic metres comprising inert material of natural origin and/or dredged material produced during cable laying preparation works comprised in Work No. 4A, provided that the combined total volume of inert material of natural origin and/or dredged material produced during cable laying preparation works comprised in Work Nos. 4A and 4B disposed of at disposal site reference HU210 must not exceed 131,000 cubic metres; and

(j)the removal of the substances and articles specified in paragraph (3).

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

Work No. 2A - Up to 6 offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter substations together with a network of electrical circuits connecting the structures within Work Nos. 2A and 2B, provided that-

(a)the combined total of offshore HVAC collector substations constructed in whole or in part within Work Nos. 2A and 2B must not exceed 6; and

(b)the combined total of offshore HVDC converter substations constructed in whole or in part within Work Nos. 2A and 2B must not exceed 2.

Co-ordinates for wind farm area (limits of deviation for Work No. 2A)-

Work No. 3A - In the event that the mode of transmission is HVAC, up to 2 offshore reactive compensation substations fixed to the seabed at latitude point 53° 37′ 54.291″ N and longitude point 0° 55′ 59.731″ E and at latitude point 53° 38′ 9.295″ N and longitude point 0° 55′ 49.576″ E subject to deviation within the following limits of deviation, provided that the combined total of offshore reactive compensation substations constructed in whole or in part within Work Nos. 3A and 3B must not exceed 2-

Work No. 4A - A marine connection to the shore, including cable and pipeline crossing works which-

(a)if the mode of transmission is HVAC, consists of up to 8 subsea electrical circuits proceeding from the offshore HVAC collector substations comprised in Work No. 2A via and connecting with the offshore reactive compensation substations comprised in Work No. 3A; or

(b)if the mode of transmission is HVDC, consists of up to 2 subsea electrical circuits proceeding from the offshore HVDC converter substations comprised in Work No. 2A,

and in either case terminating at Work No. 5A, provided that the combined total of electrical circuits constructed in whole or in part within Work Nos. 4A and 4B must not exceed, in the event that the mode of transmission is HVDC, 2, and in the event that the mode of transmission is HVAC, 8.

Principal co-ordinates for marine export cable area (limits of deviation for Work No. 4A) whose full co-ordinates are set out in the offshore works plans-

Work No. 5A - A foreshore connection consisting of an extension of the electrical circuits comprised in Work No. 4A, including cable crossing works, crossing under the existing sea wall using a trenchless technique and terminating at the electrical circuit transition joint bays (Work No. 6A).

And in connection with Work Nos. 2A, 3A, 4A and 5A, further associated development as may be necessary or expedient in connection with the authorised scheme within the Order limits and is within the scope of the environmental impact assessment recorded in the environmental statement.

And in connection with Work Nos. 2A, 3A, 4A and 5A, ancillary works consisting of works and operations within the Order limits comprising temporary anchorage of vessels and buoys, beacons, fenders and other navigational warning or ship impact protection works.

(3) The substances or articles authorised for deposit at sea and removal are-

(a)iron and steel;

(b)stone and rock;

(c)concrete;

(d)sand and gravel;

(e)plastic and synthetic; and

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

(4) The grid co-ordinates for disposal site reference HU211 are-

(5) The grid co-ordinates for disposal site reference HU209 are-

(6) The grid co-ordinates for disposal site reference HU210 are-

(7) Section 72 of the 2009 Act applies to this licence, except that subsections (7) and (8) relating to the transfer of the licence apply only to a transfer not falling within article 35 of the Order.

Maintenance of authorised project

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

(2) No maintenance works whose likely effects on the environment require to be assessed in accordance with the EIA Regulations and are not assessed in the environmental statement may be carried out, unless otherwise approved by the MMO.

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

Duration

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

PART 2Licence conditions

Design parameters

1.-(1) No offshore HVAC collector substation forming part of Work No. 2A may-

(a)exceed 64 metres in height above LAT;

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

(2) No offshore HVDC converter substation forming part of Work No. 2A may-

(a)exceed 110 metres in height above LAT;

(b)have a platform that at its greatest extent exceeds 16,200 square metres in area or 180 metres in width.

(3) The offshore reactive compensation substation comprised in Work No. 3A must not-

(a)exceed 64 metres in height above LAT; or

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

(4) The diameter of the electrical cables comprising the electrical circuits must not exceed-

(a)within Work No. 2A, 300 millimetres;

(b)within Work Nos. 4A and 5A-

(i)190 millimetres, where the mode of transmission is HVDC; and

(ii)300 millimetres, where the mode of transmission is HVAC.

(5) The combined total length of the connections in the form of electrical circuits between the structures comprised in Work Nos. 2A and 2B must not exceed 300 kilometres.

(6) The combined total length of the electrical circuits comprised in Work Nos. 4A, 4B, 5A and 5B seaward of MHWS must not exceed 1,200 kilometres.

(7) The combined total area of cable protection for the electrical circuits comprising Work Nos. 2A and 2B must not exceed 546,000 square metres.

(8) The combined total area of cable protection for the electrical circuits comprising Work Nos. 4A and 4B located outside the Humber Estuary Special Area of Conservation must not exceed 2,055,200 square metres.

(9) The combined total area of cable protection for the electrical circuits comprising Work Nos. 4A and 4B located within the Humber Estuary Special Area of Conservation must not exceed 44,800 square metres.

(10) The combined total volume of cable protection for the electrical circuits comprising Work Nos. 2A and 2B must not exceed 312,000 cubic metres.

(11) The combined total volume of cable protection for the electrical circuits comprising Work Nos. 4A and 4B located outside the Humber Estuary Special Area of Conservation must not exceed 1,174,400 cubic metres.

(12) The combined total volume of cable protection for the electrical circuits comprising Work Nos. 4A and 4B located within the Humber Estuary Special Area of Conservation must not exceed 25,600 cubic metres.

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

(14) The electrical circuits comprised in Work No. 5A must be installed by use of, or a combination of, ploughing, trenching and jetting, with the exception that, where the electrical circuits comprised in Work No. 5A cross under the existing sea wall, they must be installed using a trenchless technique.

2.-(1) The undertaker must in fixing to the seabed any structures comprised in Work Nos. 2A and 3A use one of the following methods-

(a)monopile foundations;

(b)jacket foundations supported by piles; or

(c)gravity base foundations.

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

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

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,963 square metres;

(ii)the diameter of each foundation must not exceed 10 metres;

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

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

(ii)the number of piles per jacket must not exceed 8;

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

(c)where jacket foundations (suction piles) are used-

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

(ii)the number of piles per jacket must not exceed 8;

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

(d)where gravity base foundations are used-

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

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

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

(4) The following parameters apply in respect of the foundation methods used to fix offshore HVDC converter substations to the seabed-

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

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 17,318 square metres;

(ii)the number of jacket foundations per topside must not exceed 4;

(iii)the number of piles per topside must not exceed 72;

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

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

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

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 50,894 square metres;

(ii)the number of jacket foundations per topside must not exceed 4;

(iii)the number of piles per topside must not exceed 32;

(iv)the number of piles per jacket must not exceed 8;

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

(c)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 27,300 square metres;

(ii)the number of pontoons for each individual structure must not exceed 3;

(iii)the pontoons must not exceed 170 metres in length or 35 metres in width.

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

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection must not exceed 1,963 square metres;

(ii)the diameter of each foundation must not exceed 10 metres;

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

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

(ii)the number of piles per jacket must not exceed 8;

(iii)the diameter of each pile must not exceed 3 metres;

(c)where jacket foundations (suction piles) are used-

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

(ii)the number of piles per jacket must not exceed 4;

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

(d)where gravity base foundations are used-

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

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

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

Navigational practice, safety and emergency response

3.-(1) No part of the authorised scheme seaward of MHWS may commence until the MMO, in consultation with the MCA, has given written approval for an emergency response co-operation plan which includes full details of the emergency co-operation plans for the construction, operation and decommissioning phases of that part of the authorised scheme in accordance with the MCA recommendations contained within MGN 371 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues".

(2) No part of the authorised scheme seaward of MHWS 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 development, adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN 371 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues" (including its annexes).

(3) The emergency response co-operation plan must be implemented as approved, unless otherwise agreed in writing by the MMO, in consultation with the MCA.

Aids to navigation

4.-(1) The undertaker must during the whole period from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning-

(a)exhibit such lights, marks, sounds, signals and other aids to navigation and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct;

(b)colour all structures in the authorised scheme as directed by Trinity House;

(c)keep Trinity House and the MMO informed of progress of the authorised scheme seaward of MHWS including-

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

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

(iii)notice within 5 working days of completion of construction of the authorised scheme;

(d)submit reports to Trinity House detailing the working condition of aids to navigation quarterly, or as requested by Trinity House;

(e)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.

(2) Except as otherwise required by Trinity House under paragraph (1), the undertaker must colour all structures comprised in Work Nos. 2A and 3A yellow (colour code RAL 1023) from at least highest astronomical tide to a height as directed by Trinity House.

(3) Unless the MMO otherwise directs, the undertaker must paint the remainder of the structures submarine grey (colour code RAL 7035).

Notifications and inspections

5.-(1) The undertaker must ensure that-

(a)a copy of this licence and any subsequent amendments or revisions to it are provided to-

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

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

(b)within 28 days of receipt of a copy of this licence, the persons referred to in sub-paragraph (a) provide a completed confirmation form to the MMO confirming their understanding of the terms and conditions of this licence.

(2) Only the persons and vessels notified to the MMO in accordance with Condition 11 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 for 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 are to be made.

(4) The documents referred to in paragraph (1)(a) must be available for inspection by an enforcement officer at the locations set out in paragraph (3) at any time.

(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 Marine Licensing Team and the MMO Coastal Office in writing at least 5 working days before the commencement of the licensed activities or any part of them.

(7) The Kingfisher Information Service of Seafish must be informed by email of details of the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant part to [email protected]

(a)at least 2 weeks before the construction of the authorised scheme or relevant part, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

(b)on completion of the construction of the authorised scheme or relevant part.

Confirmation of notification must be provided to the MMO within 5 working days of notification to the Kingfisher Information Service of Seafish.

(8) The undertaker must ensure that a notice to mariners is issued at least 10 working days before the commencement of the licensed activities advising of the commencement of licensed activities within the offshore Order limits and the expected vessel routes from the local service ports to the location of the works comprised within the authorised scheme.

(9) The undertaker must ensure that the notices to mariners are updated and reissued at weekly intervals during construction activities and at least 5 days before any planned operation and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under Condition 8(2)(a). Copies of all notices must be provided to the MMO within 10 working days of issue.

(10) The undertaker must notify-

(a)the UK Hydrographic Office of commencement (within 2 weeks), progress and completion (within 2 weeks) of the authorised scheme in order that all necessary amendments to nautical charts are made, and the undertaker must send a copy of such notifications to the MMO; and

(b)the Defence Geographic Centre (at least 4 weeks before) of the commencement of the authorised scheme, and of the progress and completion (within 2 weeks) of the authorised scheme, in order that all necessary amendments to aviation charts are made.

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

(12) In the event that the Marine Noise Registry has gone live before the commencement of impact pile driving-

(a)the undertaker must submit details of the expected location, start and end dates of impact pile driving to the Marine Noise Registry before the commencement of the impact pile driving; and

(b)the undertaker must notify the MMO of the successful submission of the details required under sub-paragraph (a) within 7 days of the submission.

(13) In the event that the Marine Noise Registry has gone live at the time of impact pile driving-

(a)the undertaker must submit the exact locations and dates of impact pile driving to the Marine Noise Registry at 6-month intervals from the commencement of impact pile driving until the completion of impact pile driving. The final data must be submitted within 12 weeks of completion of impact pile driving; and

(b)the undertaker must notify the MMO of the successful submission of the details required under sub-paragraph (a) within 7 days of the submission.

Chemicals, drilling and debris

6.-(1) 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, unless otherwise agreed in writing by the MMO.

(2) The undertaker must ensure that any coatings or treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive or the Environment Agency Pollution Prevention 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) Where foundation drilling works are proposed, in the event that any system other than water based mud is proposed, the MMO's written approval in relation to the proposed disposal of any arisings must be obtained before the drilling commences, which disposal may also require a marine licence.

(5) The undertaker must ensure that, where practicable, any debris arising from the construction of the authorised scheme or temporary works placed seaward of MHWS is removed by a date no later than 28 days following the undertaker becoming aware of the debris after the completion of the authorised scheme (or by such later date as may be agreed in writing by the MMO). In the event that the debris cannot practicably be removed, the undertaker must notify the MMO, Trinity House and the MCA within 7 days of becoming aware that the debris cannot practicably be removed.

(6) At least 10 days before the commencement of the licensed activities, the undertaker must submit to the MMO an audit sheet covering all aspects of the construction of the authorised scheme, and no works may commence until the audit sheet content has been agreed with the MMO. The audit sheet must include details of-

(a)loading facilities;

(b)vessels;

(c)equipment;

(d)shipment routes;

(e)working schedules; and

(f)all components and materials to be used in the construction of the authorised scheme.

(7) The audit sheet must be maintained throughout the construction of the authorised scheme, and the MMO must be notified of any changes on a fortnightly basis.

(8) In the event that the undertaker becomes aware that any of the materials on the audit sheet cannot be accounted for, it must notify the MMO within 24 hours where possible, and in any event within 5 days of becoming aware using the dropped object procedure form. 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. Local fishermen must be invited to send a representative to be present during the survey. The MMO may require any new obstructions associated with the authorised scheme to be removed from the seabed at the undertaker's expense if reasonable to do so.

(9) All debris arising from the operation and maintenance of the authorised scheme must be reported to the MMO using the dropped object procedure form within 24 hours where possible, and in any event within 5 days of the undertaker becoming aware of the 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 any new obstructions associated with the authorised scheme to be removed from the seabed at the undertaker's expense if reasonable to do so.

(10) The undertaker must inform the MMO of the location and quantities of inert material and dredged material disposed of each month under this licence at each of disposal site reference HU211, disposal site reference HU209 and disposal site reference HU210, by submission of a disposal return for each disposal area by 31st January each year for disposals occurring during the months July to December inclusive of the preceding year, and by 31st July each year for disposals occurring during the months January to June inclusive of that year.

(11) The undertaker must ensure that only-

(a)inert material of natural origin and drilling mud, produced during construction drilling and seabed preparation for foundation works comprised in Work No. 2A;

(b)dredged material produced during seabed preparation for foundation works comprised in Work No. 2A; and

(c)inert material of natural origin and dredged material produced during cable laying preparation works comprised in Work No. 2A and Work No. 4A,

is disposed of at disposal site reference HU211.

(12) The undertaker must ensure that only-

(a)inert material of natural origin and drilling mud, produced during construction drilling and seabed preparation for foundation works comprised in Work No. 3A;

(b)dredged material produced during seabed preparation for foundation works comprised in Work No. 3A; and

(c)inert material of natural origin and dredged material produced during cable laying preparation works comprised in Work No. 4A,

is disposed of at disposal site reference HU209.

(13) The undertaker must ensure that only inert material of natural origin and dredged material produced during cable laying preparation works comprised in Work No. 4A is disposed of at disposal site reference HU210.

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

(15) 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.

(16) The undertaker must notify the MMO within 48 hours of the completion of the final authorised disposal at disposal site reference HU211.

(17) The undertaker must notify the MMO within 48 hours of the completion of the final authorised disposal at disposal site reference HU209.

(18) The undertaker must notify the MMO within 48 hours of the completion of the final authorised disposal at disposal site reference HU210.

Force majeure

7.  If, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit-

(a)authorised deposits outside of the offshore Order limits or disposal site references HU209, HU210 or HU211; or

(b)unauthorised deposits within or outside of the offshore Order limits or disposal site references HU209, HU210 or HU211,

because the safety of human life and/or of the vessel is threatened, full details of the circumstances of the deposit must be notified to the MMO within 48 hours.

Pre-construction plans and documentation

8.-(1) The licensed activities may not commence until a plan setting out proposed details of the authorised scheme and including the following (insofar as relevant to that activity or phase of activity) has been submitted to and approved in writing by the MMO following appropriate consultation with Trinity House and the MCA-

(a)number, dimensions, specification, foundation types and depth for each offshore HVAC collector substation, offshore HVDC converter substation and offshore reactive compensation substation;

(b)grid co-ordinates of the centre point of the proposed location for each offshore HVAC collector substation, offshore HVDC converter substation and offshore reactive compensation substation, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions;

(c)proposed layout of all cables, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions; and

(d)location and specification of all other aspects of the authorised scheme, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions.

(2) The licensed activities, or any phase of those activities, may not commence until a code of construction practice incorporating the following (insofar as relevant to that activity or phase of activity) has been submitted to and approved in writing by the MMO-

(a)a construction and monitoring programme, to include details of-

(i)the proposed construction start date;

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

(iii)proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with Conditions 13, 14 and 15. The pre-construction survey programme and all pre-construction survey methodologies must be submitted to the MMO for written approval by the MMO in consultation with the relevant statutory nature conservation body at least 4 months before the commencement of any survey works detailed within;

(b)a construction method statement in accordance with the environmental statement, including details of-

(i)foundation installation, including any seabed preparation, drilling and disposal of arisings methods;

(ii)installation of offshore HVAC collector substations, offshore HVDC converter substations and offshore reactive compensation substations, including any seabed preparation and scour protection;

(iii)circuit installation, including any seabed preparation and circuit protection;

(iv)contractors;

(v)vessels; and

(vi)associated works;

(c)a project environmental management and monitoring plan, 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 during construction and operation of the authorised scheme in relation to all activities carried out seaward of MHWS. The plan must include a mechanism for reporting oil, fuel and chemical spills to the MMO Marine Pollution Response Team;

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

(iii)a disposal plan detailing the locations, methods and timings of dredging and disposal, as well as disposal site monitoring requirements;

(iv)waste management and disposal arrangements;

(v)locations of any archaeological exclusion zones agreed as part of the written scheme of archaeological investigation approved under sub-paragraph (g);

(vi)any seasonal restrictions on construction works; and

(vii)the appointment and responsibilities of a fisheries liaison officer, an environmental liaison officer and an intertidal ecological clerk of works;

(d)a scour protection management and cable armouring plan providing details of the need, type, sources, quantity, location and installation methods for scour protection and cable armouring to be within the scope of the environmental impact assessment recorded in the environmental statement;

(e)in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol, the intention of which is to prevent injury and/or significant disturbance to marine mammals, following current best practice as advised by the statutory nature conservation bodies, which may include, but is not limited to-

(i)identification of a marine mammal mitigation zone ("MMMZ");

(ii)appointment of an appropriate number of suitably qualified marine mammal observers;

(iii)methods for the detection of marine mammals within the MMMZ whether visually (by the marine mammal observers) or acoustically using passive acoustic monitoring equipment or other means of detection;

(iv)a reporting methodology to enable efficient communication between the marine mammal observers and the person responsible for approving commencement of piling;

(v)an appropriate soft start procedure whereby piling activities do not commence until an agreed time has elapsed and during which marine mammals have not been detected within the MMMZ;

(vi)where appropriate, methods for the application of acoustic deterrent devices; and

(vii)where appropriate, consideration of the use of noise reduction at source technologies;

(f)a cable specification and installation plan, to include-

(i)technical specification of offshore electrical circuits, 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 laying plan, including geotechnical data, cable laying techniques and a cable 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) to be taken to ensure existing and future safe navigation is not compromised;

(iii)details of the steps to be taken, where the offshore electrical circuits across the intertidal area are buried using trenching or ploughing to ensure that the excavation and subsequent backfilling is carried out in such a way as to maintain the sediment profile so far as is reasonably practicable; and

(iv)details of the steps to be taken, where the offshore electrical circuits across the intertidal area are installed using a trenchless technique;

(g)a written scheme of archaeological investigation in relation to the offshore Order limits seaward of MHWS in accordance with industry good practice, to include-

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

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

(iii)analysis and reporting of survey data to be submitted to the MMO within 4 months of survey completion;

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

(v)monitoring during and post-construction, including a conservation programme for finds;

(vi)archiving of archaeological material; and

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

(h)a proposed survey and reinstatement plan for Salicornia forming Annex 1 habitat in the parts of the offshore Order limits within which it is proposed to carry out construction works comprised in Work No. 5A, including the circumstances in which reinstatement will be required and the proposed methods of reinstatement;

(i)an offshore project maintenance plan to be submitted to the MMO at least 4 months before commencement of the operation of the licensed activities and to include provision for the review and resubmission of the plan every 3 years during the operational phase;

(j)an aids to navigation management plan specifying how the undertaker will ensure compliance with Condition 4 from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning.

(3) Before the submission of the pre-construction plans and documentation required by this Condition, the undertaker must provide a copy of the plans and documentation to the other undertakers under the Order.

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

(5) Before giving its approval under paragraph (2), the MMO must-

(a)in relation to any programme or plan submitted under sub-paragraphs (a), (c), (d), (f), (h) or (i), consult the relevant statutory nature conservation body and the Environment Agency;

(b)in relation to any statement or protocol submitted under sub-paragraphs (b) or (e), consult the relevant statutory nature conservation body;

(c)in relation to a scheme submitted under sub-paragraph (g), consult Historic England; and

(d)in relation to a plan submitted under sub-paragraph (j), consult Trinity House.

(6) In the event that driven or part-driven pile foundations are proposed to be used, the MMO must not approve the plan referred to in paragraph (1) or the code referred to in paragraph (2) unless the MMO is satisfied, after consulting such persons as the Secretary of State may specify in relation to the plan or the part of the code specified by the Secretary of State (in addition to the persons with whom consultation is otherwise required under this Condition), that either the plan or code (or both of them) provide such mitigation as is necessary to avoid adversely affecting the integrity (within the meaning of the 2007 Regulations) of a relevant site, to the extent that marine mammals are a protected feature of that site.

(7) The mitigation referred to in paragraph (6) may include (without limitation)-

(a)seasonal restrictions to piling;

(b)scheduling of piling, having regard to previous, ongoing and future piling associated with other offshore developments, based on an updated assessment of cumulative impacts;

(c)the use of alternative foundation methodologies, such as jacket foundations (suction piles) or gravity base foundations;

(d)the use of noise reduction at source technologies;

(e)the use of other relevant technologies or methodologies that may emerge in the future.

(8) In paragraph (6), "relevant site" means-

(a)a European offshore marine site;

(b)a European site.

(9) For the purpose of paragraph (6)-

(a)the Southern North Sea possible Special Area of Conservation must be treated as a European offshore marine site until-

(i)that Area (or any part of it) becomes a European offshore marine site or a European site; or

(ii)it is decided that no part of that Area should be a European offshore marine site or a European site; and

(b)harbour porpoise must be treated as a protected feature of the Southern North Sea possible Special Area of Conservation.

(10) In this Condition-

"2007 Regulations" means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007;

"disturbance" must be construed in accordance with regulation 39(1)(b) of the 2007 Regulations;

"European offshore marine site" has the meaning given in regulation 15 of the 2007 Regulations;

"European site" has the meaning given in regulation 24 of the 2007 Regulations;

"Southern North Sea possible Special Area of Conservation" means the Southern North Sea possible Special Area of Conservation as set out in the JNCC 2016 Harbour Porpoise Possible Special Area of Conservation Consultation dated January 2016.

9.  The undertaker must 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 form with a digital copy of the report within 6 months of completion of construction of the authorised scheme. The undertaker must notify the MMO and, where the report relates to the intertidal area, Lincolnshire County Council that the OASIS report has been submitted to the National Record of the Historic Environment within 2 weeks of the submission.

10.-(1) Each programme, statement, plan, protocol or scheme required to be approved under Condition 8-

(a)must be submitted for approval at least 4 months before the intended start of construction, except where otherwise stated or where an alternative date is agreed in writing by the MMO; and

(b)must be accompanied by-

(i)a statement confirming that the undertaker has complied with Condition 8(3) in relation to the programme, statement, plan, protocol or scheme;

(ii)any comments received by the undertaker from the other undertakers, or a statement from the undertaker confirming that no such comments were received; and

(iii)details of any consultation that has been carried out with the undertakers with the benefit of all or part of the deemed marine licences under the Hornsea One Offshore Wind Farm Order 2014 and any comments received from those undertakers.

(2) The undertaker must comply with the plans and documentation approved under Condition 8 in carrying out the licensed activities unless otherwise agreed in writing by the MMO.

(3) Before agreeing an alternative date under paragraph (1)(a) or a change to approved details under paragraph (2) relating to any document in respect of which consultation is required under Condition 8, the MMO must consult the relevant consultation body referred to in that Condition.

Reporting of engaged agents, contractors and vessels

11.-(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 at least 5 working days before the commencement of the licensed activities or any part of them; and

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