The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

PART 3 Requirements

Interpretation

1.  In this Part—

“CAA” means the Civil Aviation Authority;

“HAT” means highest astronomical tide;

“highway authority” means East Riding of Yorkshire Council;

“onshore works” means Works No. 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7, 8A, 8B, 9A, 9B and 10A to 10F and any related associated development;

“stage” means each of the following stages of the onshore works which may be constructed in sequential order or otherwise—

• Stage 1 – Works No. 3A, 4A and 5A;

• Stage 2 – Works No. 3B, 4B and 5B;

• Stage 3 – Works No. 6A, 8A and 10A, 10B, 10C, 10D, 10E and 10F;

• Stage 4 – Works No. 6B, 8B and 10A, 10B, 10C, 10D, 10E and 10F;

• Stage 5 – Work No. 7;

• Stage 6 – Work No. 9A;

• Stage 7 – Work No. 9B.

Time limits

2.—(1) Project A must be commenced on or before 11th March 2020.

(2) Project B must be commenced on or before 11th March 2020.

(3) The shared works must be commenced on or before 11th March 2020.

Detailed offshore design parameters

3.  Foundation structures associated with wind turbine generators, offshore platforms and meteorological stations that are part of the authorised project must not have a cumulative total footprint on the seabed, including any scour protection employed and any drill-arising deposits, that is greater than 1.1498 square kilometres within each of Work No. 1A and Work No. 1B.

4.—(1) Subject to sub-paragraph (2), no wind turbine generator forming part of the authorised project must—

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

(b) exceed a rotor diameter of 215 metres;

(c) be less than a multiple of 6 times the rotor diameter from the nearest wind turbine generator in any direction being not less than 700 metres measured between turbines; or

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

(2) The wind turbine generators comprised in either Work No. 1A or 1B must be of such a size that if they were installed to the maximum permitted gross generating capacity specified for those works the total rotor-swept area for each Work No. would not exceed 4.35 square kilometres.

(3) Wind turbine generator and meteorological mast foundation structures forming part of the authorised project must be 1 of the following foundation options: monopole, multi-leg or gravity base.

(4) No wind turbine generator or meteorological mast foundation structure employing a footing of driven piles forming part of the authorised project must—

(a) have more than 6 driven piles;

(b) in the case of single pile structures, have a pile diameter of greater than 10 metres or employ a hammer energy during installation of greater than 3,000 kilojoules; or

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

(5) The foundations for wind turbine generators must be in accordance with the wave reflection coefficient values as set out at Fig 3.16 within Chapter 5 and Appendix 5.B of the environmental statement.

(6) No wind turbine generator foundation must have a seabed footprint area of subsea scour protection (excluding foundation footprint) of more than 3,777 square metres.

(7) The foundations for wind turbine generators and meteorological stations must not exceed the dimensions set out below—

Foundation type (monopole, multi-leg or gravity base foundations)	Maximum width of main supporting structure in metres	Maximum seabed footprint area per foundation (excluding scour protection) in square metres
Wind turbine generator and meteorological station foundation	61	2,376

(8) The total seabed footprint area of subsea scour protection for wind turbine generator foundations (excluding foundation footprint) must not exceed 0.7554 square kilometres within each of Work No. 1A and Work No. 1B.

(9) The volume of subsea scour protection material for wind turbine foundations within Work No. 1A and Work No. 1B must not exceed 1,084,800 cubic metres within each work number.

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

(11) No lattice tower forming part of a meteorological station must exceed a height of 315 metres above HAT.

5.—(1) The total number of offshore platforms forming part of the authorised project must not exceed 14 comprising—

(a) up to 8 offshore collector platforms;

(b) up to 2 offshore converter platforms;

(c) up to 4 offshore accommodation or helicopter platforms,

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

(2) The dimensions of any offshore collector platforms forming part of the authorised project (excluding towers, helicopter landing pads, masts and cranes) must not exceed 75 metres in length, 75 metres in width and 85 metres in height above HAT.

(3) The dimensions of any offshore converter platform forming part of the authorised project (excluding towers, helicopter landing pads, masts and cranes) must not exceed 125 metres in length, 100 metres in width and 105 metres in height above HAT.

(4) The dimensions of any offshore accommodation or helicopter platforms forming part of the authorised project (excluding towers, helicopter landing pads, masts and cranes) must not exceed 125 metres in length, 100 metres in width and 105 metres in height above HAT.

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

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

(7) No offshore platform foundation structure employing a footing of driven piles forming part of the authorised project must—

(a) have more than 24 driven piles;

(b) have a pile diameter of greater than 2.744 metres or employ a hammer energy during installation of greater than 1,900 kilojoules.

(8) No offshore platform foundation must have a seabed footprint area of subsea scour protection (excluding foundation footprint) of more than 8,742 square metres.

(9) The foundations for offshore platforms must not exceed the dimensions set out below—

Foundation type	Offshore collector platform (multi-leg or gravity base foundation)	Offshore converter platform (multi-leg or gravity base foundation)	Offshore accommodation or helicopter platform (multi-leg or gravity base foundation)
Maximum seabed footprint area per foundation (excluding scour protection) in square metres	5,625	12,500	12,500

6.—(1) Only 1 of Work No. 2BA and Work No. 2BC may be constructed.

(2) The number of HVDC cables within Works No. 2A and 3A must not exceed 2.

(3) The total length of HVDC cables within Works No. 1A, 2A, 3A and 4A must not exceed 420 kilometres.

(4) The number of HVDC cables within Works No. 2B, 2BA, 2BC and 3B must not exceed 2.

(5) The total length of HVDC cables within Works No. 1B, 2B, 2BA, 2BC, 3B and 4B must not exceed 378 kilometres.

(6) The length of HVAC cables comprising Work No. 1A must not exceed 1,270 kilometres, and the length of cables comprising Work No. 1B must not exceed 1,270 kilometres.

(7) The length of HVAC cables comprising Work No. 1A or 1B in Marine Licences 1 and 2 must not exceed 950 kilometres.

(8) The length of HVAC cables comprising Work No. 1A or 1B in Marine Licences 3 and 4 must not exceed 320 kilometres.

(9) The total export cable protection (excluding cable crossings) must not exceed an area of 1.3391 square kilometres within the Project A offshore works and 1.2217 square kilometres within the Project B offshore works or a volume of 1,302,200 cubic metres within the Project A offshore works and 1,188,090 cubic metres within the Project B offshore works.

(10) No cable protection must be employed within 350 metres seaward of MLWS, measured as a straight line.

(11) The total cable protection for HVAC inter-array cables and HVAC inter-platform cables (excluding cable crossings) must not exceed an area of 1.5554 square kilometres or a volume of 1,190,000 cubic metres within Work No. 1A and must not exceed an area of 1.5554 square kilometres or a volume of 1,190,000 cubic metres within Work No. 1B.

(12) Cable protection must be limited to 10% of the cumulative length of all cables laid between MLWS and the 10-metre depth contour as measured against lowest astronomical tide before the commencement of construction.

Layout rules

7.—(1) The positions of wind turbine generators and offshore platforms must be arrayed in accordance with parameters applicable to Works No. 1A and 1B specified in Requirement 4 and the principles within section 5.2 of Chapter 5 of the environmental statement.

(2) No construction of any wind turbine generator or offshore platform forming part of the Project A offshore works must commence until the MMO, following consultation with the MCA, has approved the general layout arrangements for the Project A offshore works. These general layout arrangements must specify the physical point of connection between generation and transmission assets for Project A.

(3) No construction of any wind turbine generator or offshore platform forming part of the Project B offshore works must commence until the MMO, following consultation with the MCA, has approved the general layout arrangements for the Project B offshore works. These general layout arrangements must specify the physical point of connection between generation and transmission assets for Project B.

(4) The construction of the wind turbine generators and offshore platforms must be carried out as approved.

Aviation lighting

8.—(1) The boundaries of each project must be marked by lighting wind turbine generators forming part of the authorised development. These must be illuminated day and night by a light with a luminous intensity of at least 2,000 candelas or infrared lighting.

(2) Sub-paragraph (1) does not apply to the illumination of any wind turbine generator in respect of which the Secretary of State following consultation with the Ministry of Defence dispenses with the requirement, or specifies alternative lighting requirements, in writing.

9.  The undertaker must exhibit such lights, with such shape, colour and character as are required by the Air Navigation Order 2009(1), or as directed by the CAA.

Offshore decommissioning

10.  No offshore works must commence until a written decommissioning programme, including addressing the possibility of abandonment or decay, in compliance with any notice served on the undertaker by the Secretary of State pursuant to section 105(2) of the 2004 Act(2) has been submitted to the Secretary of State for approval.

Stages of authorised development onshore

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

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

Detailed design approval onshore

12.—(1) Except where the onshore works are carried out in accordance with the plans (or relevant parts of the plans) listed in sub-paragraph (1) of Requirement 13, no stage of the onshore works must commence until details of the layout, scale, levels and external appearance of the onshore works have been submitted to and approved in writing by the relevant planning authority. This must include a section showing cable depths for Works No. 4A, 5A, 4B and 5B.

(2) The onshore works must be carried out in accordance with the approved details.

(3) No building (excluding lightning protection) forming part of Work No. 7 must exceed 20 metres in height above the existing ground level. Ground level is defined for this purpose as 14.5 metres above ordnance datum (AOD).

(4) The width of the corridor occupied by the grid connection comprising Works No. 6A and 6B, and any related associated development once constructed must not exceed 36 metres, except—

(a) for the temporary construction compounds shown on the works plans, in which case the width of the corridor must not exceed the width of the temporary construction compounds set out in the environmental statement project description;

(b) where major drilling is proposed, in which case the width of the corridor occupied by the grid connection comprising Works No. 6A and 6B must not exceed 53 metres; or

(c) where drilling under Figham Common is required, in which case the width of the corridor occupied by the grid connection comprising Works No. 6A and 6B must not exceed 70 metres.

(5) The width of the corridor occupied by the grid connection comprising Works No. 8A and 8B and any related associated development once constructed must not exceed 38 metres, except for the temporary construction compounds shown on the works plans, in which case the width of the corridor must not exceed the width of the temporary construction compounds set out in the environmental statement project description.

13.—(1) The onshore works must be carried out in accordance with the following plans submitted with the application—

(a) the onshore Order limits plan; and

(b) the onshore works plans.

(2) Sub-paragraph (1) does not apply—

(a) to the extent that any part of a plan referred to that sub-paragraph is indicative or expressly states that it does not show details for approval; or

(b) where details in such a plan are amended with the written approval of the relevant planning authority; and such approval may be given only in relation to immaterial changes that are within the scope of the works assessed in the environmental statement and fall within the Order limits.

(3) Where amended details are approved pursuant to this Requirement, those details are deemed to be substituted for the corresponding details previously approved.

Provision of landscaping

14.—(1) No stage of the onshore works must commence until a written landscaping scheme and associated work programme in relation to each stage of the onshore works has been submitted to and approved in writing by the relevant planning authority.

(2) Each landscaping scheme must be drawn up in accordance with the relevant measures contained within the draft landscaping scheme and include details of all proposed hard and soft landscaping works, including—

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

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

(c) proposed finished ground levels;

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

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

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

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

(h) implementation timetables for all landscaping works.

Implementation and maintenance of landscaping

15.—(1) All landscaping works must be carried out in accordance with the written landscaping scheme approved under Requirement 14 (provision of landscaping) and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

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

Fencing and other means of enclosure

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

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

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

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

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

Highway accesses

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

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

(3) No stage of the onshore works must be bought into commercial operation until, for that stage, written details identifying the routes and accesses for operational maintenance has, following consultation with the highway authority, been submitted to and approved in writing by the relevant planning authority.

Surface and foul water drainage

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

(2) The surface water drainage works must restrict surface water discharge to no more than the greenfield run off rate (1.4 litres per second per hectare) in line with the recommendations of the Flood Risk Assessment (Appendix B to Chapter 24 of the environmental statement).

(3) The submitted details must—

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

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

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

(4) The surface and foul water drainage systems must be constructed, managed and maintained in accordance with the approved details and the timing and phasing arrangements embodied within the approved written details.

19.—(1) Work No. 7 must not commence until a detailed scheme addressing the matters referred to in sub-paragraph (2) has been submitted to and approved in writing by the relevant planning authority following consultation with the Environment Agency.

(2) The scheme must take account of the mitigation measures in relation to operational activities at the converter station site, as detailed within section 7 of Chapter 24 of the environmental statement, and must include—

(a) details of any proposed underground oil separators, including the full structural details of the installation and the mitigation to be embedded into the design of the installation in order to protect ground and surface waters;

(b) details of the proposed storage bund installations, including full structural details of the installation and the mitigation to be embedded into the design of the installation in order to protect ground and surface waters; and

(c) an emergency plan, including provisions to ensure that controlled waters are protected in an emergency event.

(3) The scheme must be implemented as approved in writing by the relevant planning authority.

Archaeology

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

(2) The scheme must—

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

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

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

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

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

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

(g) nominate a competent person or organisation to undertake the works set out within the written scheme of investigation; and

(h) set out provision for the notification in writing to the Curatorial Officer of the Humber Archaeology Partnership of the commencement of archaeological works and the opportunity to monitor such works.

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

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

(5) The written scheme in relation to the relevant work must be carried out as approved by the relevant planning authority.

Ecological management plan

21.—(1) No stage of the onshore works must commence until a written ecological management plan for the onshore works reflecting the survey results and ecological mitigation and enhancement measures included in the environmental statement for that stage has been submitted to and approved in writing by the relevant planning authority following consultation with the relevant statutory nature conservation body.

(2) The ecological management plan must include an implementation timetable and must be carried out as approved by the relevant planning authority.

Code of construction practice, etc.

22.—(1) No stage of the onshore works must commence until a code of construction practice (“CoCP”) in accordance with the outline code of construction practice has been submitted to and approved in writing by the relevant planning authority for that stage of the onshore works.

(2) The CoCP must be written to reflect and ensure delivery of the construction phase mitigation measures included within the environmental statement and must include consideration of, but not be limited to, the following matters during construction of the onshore works—

(a) construction noise and vibration management;

(b) air quality including dust management;

(c) sustainable waste management during construction;

(d) traffic management and materials storage on site;

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

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

(g) management of water resources (surface water and groundwater) including details of surface water and drainage in accordance with the details provided under Requirement 18 (surface and foul water drainage);

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

(i) management and mitigation of artificial light emissions; and

(j) details of emergency procedures during construction.

(3) No stage of the onshore works must commence until, for that stage, a method statement for the crossing of watercourses that includes a scheme and programme (including a timescale) for any crossing, diversion and reinstatement of a designated main river or ordinary watercourse has been submitted to and, after consultation with the Environment Agency, internal drainage board and the lead local flood authority, approved in writing by the relevant planning authority.

(4) The designated main river or ordinary watercourse must be crossed, diverted and subsequently reinstated in accordance with the approved scheme and programme.

(5) Unless otherwise permitted in the method statement, throughout the period of construction, all ditches, watercourses, field drainage systems and culverts must be maintained such that the flow of water is not impaired or the drainage onto and from adjoining land rendered less effective.

Construction environmental management plan

23.—(1) Before commencement of each stage of the onshore works, a construction environmental management plan (“CEMP”) for that stage, drafted in accordance with the principles set out in the approved CoCP and method statement referred to in sub-paragraph (2) of Requirement 22 (code of construction practice, etc.), must be submitted to and approved in writing by the relevant planning authority.

(2) All remediation, construction and commissioning works must be undertaken in accordance with the CoCP and CEMP or any variation or replacement previously approved in writing by the relevant planning authority for that stage of the onshore works.

Construction hours

24.—(1) Construction work for the onshore works and any construction-related traffic movements to or from the site of the relevant work must not take place other than between 7 a.m. and 7 p.m. on Monday to Friday and 7 a.m. and 1 p.m. on Saturday (with no activity on Sundays or public or bank holidays) except—

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

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

(c) where works are being carried out on the foreshore;

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

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

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

Control of noise during operational phase

25.—(1) The noise emanating from the operation of Work No. 7 (including transformers, cooling fans, switch gear and power lines) must each or together not exceed operational noise levels of 35 decibels as given in BS4142 at the nearest receptors identified on the works plans as follows (with grid references shown as easting: northing)—

(a) Halfway House (504796; 436331);

(b) Model Farm (504011; 436576);

(c) Poplar Farm (503727; 435672); and

(d) Wanlass Farm (504385; 435168).

(2) Noise measurements must be undertaken in free field conditions and expressed as 5 minute L(A)r values.

(3) All standby generator testing in relation to the onshore works must be undertaken between 9 a.m. and 5 p.m. on Monday to Saturday, and not at all on Sundays or public or bank holidays, unless otherwise agreed in writing with the relevant planning authority.

(4) To avoid doubt, the grid references in sub-paragraph (1) are approximate and are not intended to provide the position of any noise-monitoring locations.

Control of artificial light emissions

26.—(1) Work No. 7 must not be brought into operation until a written scheme for the management and mitigation of artificial light emissions during the operation of Work No. 7 has been submitted to and approved in writing by the relevant planning authority following consultation with the relevant statutory nature conservation body.

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

Construction-phase traffic management plan

27.—(1) No stage of the onshore works must commence until written details of a construction-phase traffic management plan (“CTMP”), including port-related traffic, to be used for the management of construction traffic has been submitted to and approved in writing by the relevant planning authority following consultation with the local highway authority for the area within which the port is located.

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

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

(4) The CTMP must be in accordance with the details submitted within the CoCP.

(5) The CTMP must be implemented on commencement of the relevant stage of construction works as approved.

European protected species: onshore

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

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

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

(4) In this Requirement, “European protected species” has the meaning given in regulation 40 of the Conservation of Habitats and Species Regulations 2010(3).

Restoration of land used temporarily for construction

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

Interference with telecommunications

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

(2) The scheme must provide for the investigation by a qualified independent television engineer of any complaint of interference with television reception at a lawfully occupied property (defined for the purposes of this Requirement as a building within use classes C3 and C4 of the Town and Country Planning (Use Classes) Order 1987(4) that lawfully exists or had planning permission at the date on which this Order is made, where such complaint is notified to the undertaker by the relevant planning authority within 12 months of commercial operation.

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

Onshore decommissioning

31.—(1) No later than 3 months before the cessation of commercial operation of the onshore works (in whole or in part), the undertaker must submit to the relevant planning authority for approval a scheme for the demolition and removal of the onshore works (in whole or in part), stating the final proposed condition of the relevant land including a proposed timetable.

(2) The proposed scheme must be based on the onshore decommissioning statement submitted with the application, and decommissioning must be carried out as approved.

Emergency response plan

32.—(1) Construction of Works No. 9A or 9B must not commence until an emergency response plan relating to the construction and operation of that stage of the onshore works has been submitted for approval by the relevant planning authority following consultation with National Grid Electricity Transmission plc.

(2) The emergency plan must be carried out as approved.

Amendments to approved details

33.—(1) Where a Requirement requires the authorised development to be carried out in accordance with details approved by the relevant planning authority or another person, the approved details must be taken to include any amendments that have been approved in writing by the relevant planning authority or other person.

(2) Any amendment to or variation from the approved details must be in accordance with the principles and assessments set out in the environmental statement.

(1)

S.I. 2009/3015.

(2)

Section 105(2) was substituted by section 69(3) of the Energy Act 2008 (c.32).

(3)

S.I. 2010/490.

(4)

S.I. 1987/764, amended by S.I. 2010/653. There are other amendments that are not relevant to this Order.