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The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Articles 2 and 3

SCHEDULE 1Authorised project

PART 1Authorised development

A nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act(1) located in the Dogger Bank Zone comprising—

  • Project A offshore works

    • Work No. 1A—

      (a)

      an offshore wind turbine generating station with a gross electrical output capacity of up to 1.2 gigawatts comprising up to 200 wind turbine generators each fixed to the seabed by monopole, multi-leg or gravity base type foundations situated within the co-ordinates of the array area specified in Table 1A;

      Table 1A - Co-ordinates of array area

      PointLatitude (decimal degrees)Longitude (decimal degrees)
      CBA-154.8352411.633573
      CBA-254.8384122.174407
      CBA-354.8087002.227327
      CBA-454.6592861.976949
      CBA-554.7416851.632884
      (b)

      up to 7 offshore platforms comprising the following—

      (i)

      up to 4 offshore collector platforms situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations;

      (ii)

      1 offshore converter platform situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations; and

      (iii)

      up to 2 offshore accommodation or helicopter platforms situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations,

      provided that any of the platforms comprised in Work No. 1A(b)(i) to (iii) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations;

      (c)

      up to 5 meteorological stations situated within the co-ordinates of the array area specified in Table 1A either fixed to the seabed by monopole, multi-leg or gravity base type foundations or utilising a floating support structure anchored to the seabed; and

      (d)

      a network of cables for the transmission of electricity and electronic communications laid on or beneath the seabed including cable crossings between—

      (i)

      any of the wind turbine generators comprising Work No. 1A(a);

      (ii)

      any of the wind turbine generators comprising Work No. 1A(a) and any of the works comprising Work No. 1A(b) or (c);

      (iii)

      any of the works comprising Work No. 1A(b) and any of the works comprising Work No. 1A(c); and

      (iv)

      the offshore converter platform comprising Work No. 1A(b)(ii) or the combined platforms referred to in Work No. 1A(b) and the export cable route in Work No. 2A.

    • Associated development within the meaning of section 115(2) of the 2008 Act comprising—

      Work No. 2A – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid on or beneath the seabed between the offshore converter platform comprising Work No. 1A(b)(ii) or the combined platforms referred to in Work No. 1A(b) and Work No. 3A including cable crossings and situated within the co-ordinates of the export cable corridor area specified in the offshore Order limits plan.

  • Project A onshore works

    In the East Riding of Yorkshire—

    • Work No. 3A – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground between MLWS and MHWS and connecting Work No. 2A with Work No. 4A.

    • Work No. 4A – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground by way of horizontal directional drill between Work No. 3A at MHWS and the landfall transition joint bays forming Work No. 5A including the construction of haul roads.

    • Work No. 5A – landfall transition joint bays and horizontal directional drill launch pits, together with an associated landfall works construction compound, and up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground connecting Work No. 4A with Work No. 6A including the construction of haul roads.

    • Work No. 6A – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary from Work No. 5A and running in a generally south south-westerly direction for a distance of 30 kilometres to Work No. 7. Work No. 6A includes the construction of haul roads and construction access.

    • Work No. 8A – up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary from the electrical converter substation and compound comprised in Work No. 7 and running in a southerly direction for a distance of approximately 2 kilometres to the connection bay within the National Grid substation connection works comprising Work No. 9A including the construction of haul roads.

    • Work No. 9A – National Grid substation connection works connecting Work No. 8A to the transmission network and comprising up to 3 export cables for the transmission of HVAC electricity, fibre-optic cables for the transmission of electronic communications, a connection bay within the National Grid substation incorporating isolation switchgear, circuit bay equipment, overhead tubular connectors and switching and measuring equipment located above and below ground.

    • In connection with Works No. 3A to 9A, the undertaker is granted development consent for the further associated development shown on the plans referred to in the Requirements, or approved pursuant to the Requirements, including—

      (a)

      ramps, means of access and footpaths;

      (b)

      bunds, embankments, swales, landscaping and boundary treatments;

      (c)

      habitat creation;

      (d)

      boreholes;

      (e)

      jointing bays, manholes and other works associated with cable laying including tunnelling works and horizontal directional drilling beneath watercourses, roads and other features;

      (f)

      water supply works, foul drainage provision and surface water management systems;

      (g)

      temporary structures to facilitate the crossing of watercourses including bailey bridges;

      (h)

      construction lay down areas and compounds and their restoration;

      (i)

      works to remove, reconstruct or alter the position of apparatus including mains, sewers, drains, cables and pipelines; and

      (j)

      such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project and which fall within the scope of the works assessed by the environmental statement.

  • Project B offshore works

    • Work No. 1B—

      (a)

      an offshore wind turbine generating station with a gross electrical output capacity of up to 1.2 gigawatts comprising up to 200 wind turbine generators each fixed to the seabed by monopole, multi-leg or gravity base type foundations situated within the co-ordinates of the array area specified in Table 1B;

      Table 1B - Co-ordinates of array area

      PointLatitude (decimal degrees)Longitude (decimal degrees)
      CBB-155.0745091.505499
      CBB-255.0781271.557882
      CBB-355.1003071.673135
      CBB-455.1021521.854982
      CBB-554.8592361.861874
      CBB-654.8709651.473897
      CBB-754.9680021.488779
      CBB-854.9719921.488363
      (b)

      up to 7 offshore platforms comprising the following—

      (i)

      up to 4 offshore collector platforms situated within the co-ordinates of the array area specified in Table 1B and being fixed to the seabed by multi-leg or gravity base type foundations;

      (ii)

      1 offshore converter platform situated within the co-ordinates of the array area specified in Table 1B and being fixed to the seabed by multi-leg or gravity base type foundations; and

      (iii)

      up to 2 offshore accommodation or helicopter platforms situated within the co-ordinates of the array area specified in Table 1B and being fixed to the seabed by multi-leg or gravity base type foundations,

      provided that any of the platforms comprised in Work No. 1B(b)(i) to (iii) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations;

      (c)

      up to 5 meteorological stations situated within the co-ordinates of the array area specified in Table 1B either fixed to the seabed by monopole, multi-leg or gravity base type foundations or utilising a floating support structure anchored to the seabed; and

      (d)

      a network of cables for the transmission of electricity and electronic communications laid on or beneath the seabed including cable crossings between—

      (i)

      any of the wind turbine generators comprising Work No. 1B(a);

      (ii)

      any of the wind turbine generators comprising Work No. 1B(a) and any of the works comprising Work No. 1B(b) or (c);

      (iii)

      any of the works comprising Work No. 1B(b) and any of the works comprising Work No. 1B(c); and

      (iv)

      the offshore converter platform comprising Work No. 1B(b)(ii) or the combined platforms referred to in Work No. 1B(b) and the export cable route in Work No. 2BA or 2BC.

      Associated development within the meaning of section 115(2) of the 2008 Act comprising—

      Either—

      (a)

      Work No. 2BA – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid on or beneath the seabed between the offshore converter platform comprising Work No. 1B(b)(ii) or the combined platforms referred to in Work No. 1B(b) and Work No. 2B including cable crossings and situated within the co-ordinates of the export cable corridor area specified in the offshore Order limits plan; or

      (b)

      Work No. 2BC – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid on or beneath the seabed between the offshore converter platform comprising Work No. 1B((b)(ii) or the combined platforms referred to in Work No. 1B(b) and Work No. 1A, and between Work No. 1A and Work No. 2B, including cable crossings and situated within the co-ordinates of the export cable corridor area specified in the offshore Order limits plan; and

    • Work No. 2B – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid on or beneath the seabed between Work No. 2BA or 2BC and Work No. 3B including cable crossings and situated within the co-ordinates of the export cable corridor area specified in the offshore Order limits plan.

  • Project B onshore works

    In the East Riding of Yorkshire—

    • Work No. 3B – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground between MLWS and MHWS and connecting Work No. 2B with Work No. 4B.

    • Work No. 4B – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground by way of horizontal directional drill between Work No. 3B at MHWS and the landfall transition joint bays forming Work No. 5B including the construction of haul roads.

    • Work No. 5B – landfall transition joint bays and horizontal directional drill launch pits, together with an associated landfall works construction compound, and up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground connecting Work No. 4B with Work No. 6B including the construction of haul roads.

    • Work No. 6B – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary from Work No. 5B and running in a generally south south-westerly direction for a distance of 30 kilometres to Work No. 7. Work No. 6B includes the construction of haul roads and construction access.

    • Work No. 8B – up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary from the electrical converter substation and compound comprised in Work No. 7 and running in a southerly direction for a distance of 2 kilometres to the connection bay within the National Grid substation connection works comprising Work No. 9B including the construction of haul roads.

    • Work No. 9B – National Grid substation connection works connecting Work No. 8B to the transmission network and comprising up to 3 export cables for the transmission of HVAC electricity, fibre-optic cables for the transmission of electronic communications, a connection bay within the National Grid substation incorporating isolation switchgear, circuit bay equipment, overhead tubular connectors and switching and measuring equipment located above and below ground.

    • In connection with Works No. 3B to 9B, the undertaker is granted development consent for the further associated development shown on the plans referred to in the Requirements, or approved pursuant to the Requirements, including—

      (a)

      ramps, means of access and footpaths;

      (b)

      bunds, embankments, swales, landscaping and boundary treatments;

      (c)

      habitat creation;

      (d)

      boreholes;

      (e)

      jointing bays, manholes and other works associated with cable laying including tunnelling works and horizontal directional drilling beneath watercourses, roads and other features;

      (f)

      water supply works, foul drainage provision and surface water management systems;

      (g)

      temporary structures to facilitate the crossing of watercourses including bailey bridges;

      (h)

      construction lay down areas and compounds and their restoration;

      (i)

      works to remove, reconstruct or alter the position of apparatus including mains, sewers, drains, cables and pipelines; and

      (j)

      such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project and which fall within the scope of the works assessed by the environmental statement.

  • Shared works

    • Offshore

      • Work No. 2T – a temporary work area for vessels to carry out intrusive activities during construction, including vessels requiring anchor spreads alongside the cable corridors.

    • Onshore

      In the East Riding of Yorkshire—

      • Work No. 7 – up to 2 electrical converter substations and compounds for converting HVDC electricity carried by Works No. 6A and 6B to HVAC electricity, including landscaping.

      • Work No. 10A – access road to the north of Allison Lane (B1242) to provide construction and maintenance access from the public highway to the development site including up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary linking Work No. 5B to Work No. 7.

      • Work No. 10B – access road to the north of Grange Road to provide construction and maintenance access from the public highway to the development site including up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary linking Work No. 5B to Work No. 7.

      • Work No. 10C – access road to the north of the A1035 (east) to provide construction and maintenance access from the public highway to the development site including up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary linking Work No. 5B to Work No. 7.

      • Work No. 10D – access road to the south of the A1035 (west) to provide construction and maintenance access from the public highway to the development site including up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary linking Work No. 5B to Work No. 7.

      • Work No. 10E – access road to the north of Hull Road (A1174 east) to provide construction and maintenance access from the public highway to the development site including up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary linking Work No. 5B to Work No. 7.

      • Work No. 10F – access road to the south of Hull Road (A1174 west) to provide construction and maintenance access from the public highway to the development site including up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid underground in ducts if necessary linking Work No. 5B to Work No. 7.

      • In connection with Works No. 7 and 10A to 10F, the undertaker is granted development consent for the further associated development shown on the plans referred to in the Requirements, or approved pursuant to the Requirements, including—

        (a)

        ramps, means of access and footpaths;

        (b)

        bunds, embankments, swales, landscaping and boundary treatments;

        (c)

        habitat creation;

        (d)

        boreholes;

        (e)

        jointing bays, manholes and other works associated with cable laying including tunnelling works and horizontal directional drilling beneath watercourses, roads and other features;

        (f)

        water supply works, foul drainage provision and surface water management systems;

        (g)

        temporary structures to facilitate the crossing of watercourses including bailey bridges;

        (h)

        construction lay down areas and compounds and their restoration;

        (i)

        works to remove, reconstruct or alter the position of apparatus including mains, sewers, drains, cables and pipelines; and

        (j)

        such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project and which fall within the scope of the works assessed by the environmental statement.

PART 2Ancillary works

In relation to the Project A offshore works and the Project B offshore works, works comprising—

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

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

(c)temporary works for the protection of land or structures affected by the authorised development;

(d)cable protection, scour protection or dredging;

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

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

PART 3Requirements

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 metresMaximum seabed footprint area per foundation (excluding scour protection) in square metres
Wind turbine generator and meteorological station foundation612,376

(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 typeOffshore 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 metres5,62512,50012,500

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(2), 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(3) 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(4).

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(5) 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.

Article 13

SCHEDULE 2Streets subject to street works

(1)(2)(3)(4)
Extent of works shown by 2 reference points on the streets and public rights of way planDescription of street subject to worksCo-ordinate XCo-ordinate Y
R01A to R01BAllison Lane515819456888
R02A to R02BBarbriggs Lane514782455729
R03A to R03BSkipsea Road513687454370
R04A to R04BDunnington Lane513680452890
R05A to R05BBeverley Road (A165)513278452611
R06A to R06BGrange Road512239451339
R07A to R07BMoortown Road511373449791
R08A to R08BFrodingham Road511297449433
R09A to R09BMill Lane509729448810
R10A to R10BNew Road508720448215
R11A to R11BA1035507872442158
R12A to R12BCarr Lane507139439611
R13A to R13BHull Road (A1174)505778437662
R14A to R14BLong Lane505045436825
R15A to R15BA1079503935436011

Article 14

SCHEDULE 3Streets to be temporarily stopped up

(1)(2)(3)(4)
Extent of works shown by 2 reference points on the streets and public rights of way planDescription of street to be temporarily stopped upCo-ordinate XCo-ordinate Y
R02A to R02BBarbriggs Lane514782455729
R04A to R04BDunnington Lane513680452890
R07A to R07BMoortown Road511373449791
R08A to R08BFrodingham Road511297449433
R10A to R10BNew Road508720448215
R12A to R12BCarr Lane507139439611
01a to 01bUlrome footpath no. 6517038458116
02a to 2bUlrome footpath no. 2516449457335
03a to 3bUlrome footpath no. 4515639456727
04a to 4bBeeford footpath no. 6513682454413
05a to 5bBrandesburton footpath no. 6510774449166
06a to 6bBrandesburton footpath no. 15509388448668
07a to 7bLeven footpath no. 4508538444983
08a to 8bTickton bridleway no. 5507067440975
09a to 9bTickton footpath no. 6507121440964
10a to 10bTickton footpath no. 7507027440416
11a to 11bTickton footpath no. 9507135438531
12a to 12bTickton footpath no. 12506629438217
13a to 13bBeverley footpath no. 23506580438206
14a to 14bWilberforce Way506342438106
15a to 15bWoodmansey footpath no. 4504697436214
19a to 19bSkidby footpath no. 12504526435466
20a to 20bSkidby footpath no. 12504559435252
21a to 21bSkidby footpath no. 11504556435171
22a to 22bSkidby footpath no. 11504760435073
23a to 23bSkidby footpath no. 10504704434993

Article 15

SCHEDULE 4Access to works

(1)(2)(3)(4)
Reference shown on access to works planDescription of streetCo-ordinate XCo-ordinate Y
AAllison Lane (north)515858456861
BAllison Lane (east)515910456816
CAllison Lane (west)515766456930
DSkipsea Road513701454372
EDunnington Lane513699452889
FGrange Road (north)512289451305
GGrange Road (east)512293451297
HGrange Road (west)512186451376
IA1035 (east)508335442223
JA1035 (west)508050442148
KHull Road (A 1174 east)505863437638
LHull Road (A 1174 west)505455437813
MLong Lane505074436809
NPark Lane (north)504379436976
OA1079504106435938

Article 24

SCHEDULE 5Land over which only new rights may be acquired

(1)(2)
Plot reference number shown on land planPurpose for which rights over land may be acquired
1Bi, 1Bii, 4Bi, 4Bii, 4Biii, 16B, 19B, 21B, 23B, 29B, 32B, 34B, 36B, 41B, 49B, 56B, 58B, 60B, 62B, 64B, 66B, 72B, 74B, 76B, 83B, 84B, 85B, 90B, 88B, 98B, 99Bi, 99Bii, 100B, 101B, 102B, 103B, 104B, 109B, 117B, 120B, 121BNew right for the installation, inspection, maintenance, renewal, repair, replacement and use of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 4
152New right for the installation, inspection, maintenance, renewal, repair, replacement and use of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 4
153, 154, 155, 156, 157B, 159, 161, 162New right for the construction of a new connection bay within the National Grid substation containing isolation switchgear and electrical equipment for the connection of the export cable to the transmission network for the benefit of Bizco 4
1Ai, 1Aii, 2i, 4Ai, 16A, 19A, 21A, 23A, 29A, 32A, 34A, 36A, 41A, 49A, 56A, 58A, 60A, 62A, 64A, 66A, 72A, 74A, 76A, 83A, 84A, 85A, 88A, 90C, 98A, 99Ai, 99Aii, 100A, 101A, 102A, 103A, 104A, 109A, 117A, 120A, 121ANew right for the installation, inspection, maintenance, renewal, repair, replacement and use of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 1
151, 157CNew right for the installation, inspection, maintenance, renewal, repair, replacement and use of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 1
157A, 157E, 165i, 166, 167, 168, 169, 170New right for the construction of a new connection bay within the National Grid substation containing isolation switchgear and electrical equipment for the connection of the export cable to the transmission network for the benefit of Bizco 1
13E, 14, 15, 39E, 40, 81E, 82, 86, 87E, 87F, 87G, 87H, 87I, 107E, 107F, 108, 112E, 113New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 1 and Bizco 4
137i, 137ii, 139, 140, 141, 142, 143, 144, 145

New right for—

1)

the inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications;

2)

the inspection, maintenance, renewal, repair and replacement of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications; and

3)

the inspection, maintenance, renewal, repair and replacement of the converter stations

in each case for the benefit of Bizco 1 and Bizco 4

130New right for the installation, inspection, maintenance, renewal, repair, replacement and use of 2 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 1 and Bizco 4
133, 134, 135, 137iiNew right for the installation, inspection, maintenance, renewal, repair and replacement of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 1 and Bizco 4
158, 160, 164, 165ii, 165iii, 172, 173, 174, 175New right for the inspection, maintenance, renewal, repair and replacement of the new connection bay within the National Grid substation for the benefit of Bizco 1 and Bizco 4
138New right for landscaping together with the inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cable for the transmission of electronic communications for the benefit of Bizco 1 and Bizco 4
112CNew right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cable for the transmission of electronic communications for the benefit of Bizco 1
157BNew right for the construction of a new connection bay within the National Grid substation containing isolation switchgear and electrical equipment for the connection of the export cable to the transmission network for the benefit of Bizco 1
13C, 39C, 81C, 87C, 90A, 107CNew right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cable for the transmission of electronic communications for the benefit of Bizco 4

Article 24

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

Compensation enactments modified

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

Land Compensation Act 1973 modified

2.—(1) Without limiting paragraph 1, the Land Compensation Act 1973(6) has effect subject to the modifications set out in sub-paragraph (2).

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

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

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

Compulsory Purchase Act 1965 modified

3.  Without limiting paragraph 1, the 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to,—

(a)the right acquired or to be acquired; or

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

Article 29

SCHEDULE 7Land of which temporary possession may be taken

(1)(2)(3)(4)
LocationPlot reference numbers shown on land planPurpose for which temporary possession may be takenRelevant part of authorised development
Sheet 2 – land plan
In the administrative area of East Riding of Yorkshire Council176Access to work siteWork No. 6B
In the administrative area of East Riding of Yorkshire Council177Access to work siteWork No. 6A
In the administrative area of East Riding of Yorkshire Council178Work site and accessWork No. 6B
In the administrative area of East Riding of Yorkshire Council179Work site and accessWork No. 6A
Sheet 5 – land plan
In the administrative area of East Riding of Yorkshire Council180Work site and accessWork No. 6A
Sheet 6
In the administrative area of East Riding of Yorkshire Council181Work site and accessWork No. 6B
Sheet 7
In the administrative area of East Riding of Yorkshire Council182Access to work siteWork No. 6B
In the administrative area of East Riding of Yorkshire Council183Access to work siteWork No. 6A
In the administrative area of East Riding of Yorkshire Council184Work site and accessWork No. 6B
In the administrative area of East Riding of Yorkshire Council185Work site and accessWork No. 6A
Sheet 11
In the administrative area of East Riding of Yorkshire Council186Work site and accessWork No. 6B
In the administrative area of East Riding of Yorkshire Council187Work site and accessWork No. 6A
Sheet 15
In the administrative area of East Riding of Yorkshire Council188Work site and accessWorks No. 6A and 6B
In the administrative area of East Riding of Yorkshire Council189Work site and accessWorks No. 6A and 6B
Sheet 17
In the administrative area of East Riding of Yorkshire Council190Work site and accessWork No. 6B
In the administrative area of East Riding of Yorkshire Council191Work site and accessWork No. 6A
Sheet 20
In the administrative area of East Riding of Yorkshire Council192Work site and accessWork No. 6B
In the administrative area of East Riding of Yorkshire Council193Work site and accessWork No. 6A
Sheet 21
In the administrative area of East Riding of Yorkshire Council194Work site and accessWork No. 7
In the administrative area of East Riding of Yorkshire Council195Work site and accessWork No. 7
Sheet 22
In the administrative area of East Riding of Yorkshire Council196Work site and accessWork No. 8B
In the administrative area of East Riding of Yorkshire Council197Work site and accessWork No. 8A

Articles 2 and 39

SCHEDULE 8Marine Licence 1: Project A Offshore (Generation – Works No. 1A and 2T)

PART ALicensed activities

Interpretation

1.—(1) In this licence—

“2004 Act” means the Energy Act 2004;

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

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

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

“authorised scheme” means Works No. 1A and 2T described in paragraph 2 or any part or phase of those works;

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

“cable protection” means any measures to protect cables and prevent loss of seabed sediment, for example by the use of grout bags, protective aprons, mattresses, flow energy dissipation devices or rock and gravel burial;

“combined platform” means a single offshore platform combining 2 or more of the following—

(a)

an offshore collector platform;

(b)

an offshore converter platform;

(c)

an offshore accommodation or helicopter platform;

“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;

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

“Condition” means a condition in Part B;

“draft fisheries liaison plan” means the document certified as the draft fisheries liaison plan by the Secretary of State for the purposes of the Order;

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

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

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

“HAT” means highest astronomical tide;

“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 for the purposes of the Order;

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

“licensed activities” means the activities specified in this Part;

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

“MCA” means the Maritime and Coastguard Agency;

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

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

“MMO” means the Marine Management Organisation;

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

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

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

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

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

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

“offshore Order limits plan” means the plans certified as the offshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;

“offshore platform” means any of the following—

(a)

an offshore accommodation or helicopter platform;

(b)

an offshore collector platform;

(c)

an offshore converter platform;

(d)

a combined platform;

“onshore Order limits plan” means the plans certified as the onshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;

“Order” means the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015;

“Order limits” means the limits shown on the offshore and onshore Order limits plans;

“outline maintenance plan” means the document certified as the outline maintenance plan by the Secretary of State for the purposes of the Order;

“scour protection” means protection against foundation scour and subsea damage, for example from trawling, through reinforcement measures and measures to prevent loss of seabed sediment around foundation bases. These measures include the use of bagged solutions filled with grout or other materials, protective aprons, mattresses, flow energy dissipation devices and rock and gravel burial;

“undertaker” means Doggerbank Project 1 Bizco Limited (company number 7791991) whose registered office is 55 Vastern Road, Reading, Berkshire RG1 8BU;

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

“wind turbine generator” means a structure comprising a tower, a rotor with 3 blades connected at the hub, a nacelle and ancillary electrical and other equipment which may include J-tubes, transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter transfer facilities and other associated equipment, fixed to a foundation.

(2) In this licence, a reference to any statute, order, regulation or similar instrument is a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) In this licence, unless otherwise indicated,—

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

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

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below, and the address for returns and correspondence, is—

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YH

Email: marine.consents@marinemanagement.org.uk

Tel: 0300 123 1032;

(b)Trinity House

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900;

(c)United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: 01823 337 900;

(d)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton SO15 1EG

Tel: 023 8032 9191;

(e)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk NR33 0HT

Tel: 01502 562 244;

(f)Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield S3 8NH

Tel: 0300 060 4911;

(g)JNCC

Inverdee House

Baxter Street

Aberdeen AB11 9QA

Tel: 01224 266 550;

(h)English Heritage

Eastgate Court

195-205 High Street

Guildford GU1 3EH

Tel: 01483 252 057.

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

Marine Management Organisation

Northern Marine Area

Neville House

Central Riverside

Bell Street

North Shields

Tyne and Wear NE30 0LJ

Tel: 0191 257 4520.

Details of licensed activities

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

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

(b)the construction of works in or over the sea or on or under the sea bed including the removal, reconstruction or alteration of the position of subsea cables and pipelines;

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

(2) Subject to sub-paragraph (7), such activities are authorised in relation to the construction, maintenance and operation of—

  • Work No. 1A—

    (a)

    an offshore wind turbine generating station with a gross electrical output capacity of up to 1.2 gigawatts comprising up to 200 wind turbine generators each fixed to the seabed by monopole, multi-leg or gravity base type foundations situated within the co-ordinates of the array area specified in Table 1A;

    Table 1A - Co-ordinates of array area
    PointLatitude (decimal degrees)Longitude (decimal degrees)
    CBA-154.8352411.633573
    CBA-254.8384122.174407
    CBA-354.8087002.227327
    CBA-454.6592861.976949
    CBA-554.7416851.632884
    (b)

    up to 7 offshore platforms comprising the following—

    (i)

    up to 4 offshore collector platforms situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations;

    (ii)

    1 offshore converter platform situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations; and

    (iii)

    up to 2 offshore accommodation or helicopter platforms situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations,

    provided that any of the platforms comprised in Work No. 1A(b)(i) to (iii) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations;

    (c)

    up to 5 meteorological stations situated within the co-ordinates of the array area specified in Table 1A either fixed to the seabed by monopole, multi-leg or gravity base type foundations or utilising a floating support structure anchored to the seabed; and

    (d)

    a network of cables for the transmission of electricity and electronic communications laid on or beneath the seabed including cable crossings between—

    (i)

    any of the wind turbine generators comprising Work No. 1A(a);

    (ii)

    any of the wind turbine generators comprising Work No. 1A(a) and any of the works comprising Work No. 1A(b) or (c); and

    (iii)

    any of the works comprising Work No. 1A(b) and any of the works comprising Work No. 1A(c); and

    (iv)

    the offshore converter platform comprising Work No. 1A(b)(ii) or the combined platforms referred to in Work No. 1A(b) and the export cable route in Work No. 2A (as defined in the Order);

  • Work No. 2T – a temporary work area for vessels to carry out intrusive activities during construction, including vessels requiring anchor spreads alongside the cable corridors; and

  • Ancillary works in connection to the above-mentioned works comprising—

    (a)

    temporary landing places, moorings or other means of accommodating vessels in the construction or maintenance of the authorised scheme;

    (b)

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

    (c)

    temporary works for the protection of land or structures affected by the authorised scheme;

    (d)

    cable protection, scour protection or dredging; and

    (e)

    cable route preparation works including boulder removal and obstruction clearance, dredging and pre-sweeping.

(3) The substances or articles authorised for deposit at sea are—

(a)iron, steel and aluminium;

(b)stone and rock;

(c)concrete and grout;

(d)sand and gravel;

(e)plastic and synthetic;

(f)material extracted from within the offshore Order limits during construction drilling and seabed preparation for foundation works and cable sandwave preparation works; and

(g)marine coatings, other chemicals and timber.

(4) Subject to the Conditions, this licence authorises the disposal of up to 1,107,411 cubic metres of material of natural origin within Work No. 1A produced during construction drilling and seabed preparation for foundation works and cable sandwave preparation works.

(5) The undertaker must inform the MMO of the location and quantities of material disposed of each month pursuant to sub-paragraph (4) by submission of a disposal return by 31st January each year for the months August to January inclusive, and by 31st July each year for the months February to July inclusive.

(6) This licence does not permit the decommissioning of the authorised scheme. No decommissioning activity must commence until a decommissioning programme has been approved by the Secretary of State under section 106 of the 2004 Act. Furthermore, at least 4 months before carrying out any such works, the undertaker must notify the MMO of the proposed decommissioning activity to establish whether a marine licence is required for such works.

(7) This licence and Marine Licence 3 (as defined in the Order), when taken together, do not authorise the construction of more than 1 Work No. 1A or the construction of Work No. 1A in excess of the maximum parameters for that Work set out in Schedule 1 to the Order.

PART BConditions

Detailed offshore design parameters

3.—(1) Subject to sub-paragraph (2), no wind turbine generator forming part of the authorised scheme 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 Work No. 1A must be of such a size that if they were installed to the maximum permitted gross generating capacity specified for that work the total rotor-swept area would not exceed 4.35 square kilometres.

(3) Wind turbine generator and meteorological mast foundation structures forming part of the authorised scheme 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 scheme 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 and 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 metresMaximum seabed footprint area per foundation (excluding scour protection) in square metres
Wind turbine generator and meteorological station foundation612,376

(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 Work No. 1A.

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

(10) The total cable protection for HVAC inter-array cables (excluding cable crossing) must not exceed an area of 0.5557 square kilometres or a volume of 217,850 cubic metres within Work No. 1A.

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

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

(13) The length of HVAC cables comprising Work No. 1A must not exceed 950 kilometres.

4.—(1) The total number of offshore platforms forming part of the authorised scheme must not exceed 7 comprising—

(a)up to 4 offshore collector platforms;

(b)up to 1 offshore converter platform;

(c)up to 2 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 scheme (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 scheme (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 scheme (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 scheme (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 scheme 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 scheme 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 typeOffshore 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 metres5,62512,50012,500

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

Layout rules

5.—(1) The positions of wind turbine generators and offshore platforms must be arrayed in accordance with parameters applicable to Work No. 1A specified in Condition 3 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 authorised scheme must commence until the MMO, in consultation with the MCA, has approved their general layout arrangements. These layout arrangements must specify the physical point of connection between generation and transmission assets for Project A (as defined in the Order).

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

Notifications and inspections

6.—(1) The undertaker must ensure that—

(a)before any licensed activities are carried out under this licence, the undertaker informs the MMO of—

(i)the name of the person undertaking the licensed activities;

(ii)the works being undertaken pursuant to this licence comprising those works necessary up to the point of connection with the transmission assets;

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

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

(b)any works notified under this Condition when combined with any works notified under Condition 6 of Marine Licence 2 (as defined in the Order) and Condition 5 of Marine Licences 3 and 4 (as defined in the Order) do not exceed the maximum parameters set out in Schedule 1 to the Order;

(c)a copy of this licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—

(i)all agents and contractors notified to the MMO in accordance with Condition 12; and

(ii)the masters and transport managers responsible for the vessels notified to the MMO in accordance with Condition 12; and

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

(2) Only the persons and vessels notified to the MMO in accordance with Condition 12 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 sub-paragraph (1)(c) must be available for inspection by an enforcement officer at all reasonable times at the locations set out in sub-paragraph (3)(b).

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

(6) The undertaker must inform the MMO Coastal Office in writing at least 5 working days before commencement of the licensed activities or any phase of them.

(7) Before commencement of the licensed activities or any phase of them, the undertaker must publish in the Kingfisher Fortnightly Bulletin details of the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant phase.

(8) The undertaker must ensure that a notice to mariners is issued at least 10 working days before commencement of the licensed activities or any phase of them advising of the commencement date of Work No. 1A and the expected vessel routes from the local construction ports to the relevant locations.

(9) The undertaker must ensure that the notices to mariners are updated and reissued at weekly intervals during construction activities and within 5 days of any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under Condition 9(b). Copies of all notices must be provided to the MMO.

(10) The undertaker must notify—

(a)the United Kingdom Hydrographic Office at least 2 weeks before commencement, and no later than 2 weeks following completion, of the authorised scheme in order that all necessary amendments to nautical charts are made; and

(b)the MMO, MCA and Trinity House once the authorised scheme is completed and any required lighting or marking has been established.

Chemicals, drilling and debris

7.—(1) All chemicals used in the construction of the authorised scheme, including any chemical agents placed within any monopile or other foundation structure void, 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(7).

(2) The undertaker must ensure that any coatings and 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 control guidelines. Any spillages must be reported to the MMO marine pollution response team within the timeframes specified in the marine pollution contingency plan.

(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 may also require a marine licence.

(5) The undertaker must ensure that any debris arising from the construction of the authorised scheme or temporary works placed seaward of MHWS is removed on completion of the authorised scheme.

(6) At least 10 days before commencement of the licensed activities, the undertaker must submit to the MMO an audit sheet covering all aspects of the construction of the licensed activities or any phase of them. The audit sheet must include details of—

(a)loading facilities;

(b)vessels;

(c)equipment;

(d)shipment routes;

(e)transport;

(f)working schedules; and

(g)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 (or relevant phase) and must be submitted to the MMO for review at fortnightly intervals.

(8) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for, it must require the undertaker to carry out a side-scan sonar survey to plot all obstructions across a reasonable area of search agreed with the MMO where construction works and related activities have been carried out. Representatives of the Holderness Fishing Industry Group must be invited to send a representative to be present during the survey. Any obstructions that the MMO believes to be associated with the authorised scheme must be removed at the undertaker’s expense.

Force majeure

8.  If, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit the authorised deposits otherwise than in accordance with Condition 10(2) because the safety of human life or the vessel is threatened—

(a)within 48 hours full details of the circumstances of the deposit must be notified to the MMO; and

(b)at the written request of the MMO, the unauthorised deposits must be removed at the expense of the undertaker.

Pre-construction plans and documentation

9.  The licensed activities or any phase of those activities must not commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO—

(a)a plan to be agreed in writing with the MMO following consultation with Trinity House and the MCA which shows—

(i)the number, specifications and dimensions of the wind turbine generators;

(ii)the proposed location, including grid co-ordinates and choice of foundation types for all wind turbine generators, offshore platforms and meteorological stations;

(iii)the dimensions of all monopole, multi-leg and gravity base foundations, if used; and

(iv)the proposed layout of HVAC cables,

to ensure conformity with the description of Work No. 1A and compliance with Conditions 3 to 5;

(b)a detailed construction and monitoring programme to include details of—

(i)the proposed construction commencement date;

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

(iii)proposed pre-construction surveys, a proposed format and content for a baseline report, construction monitoring, post-construction monitoring and related reporting in accordance with Conditions 14, 15 and 16. The pre-construction survey programme and all pre-construction survey methodologies must be submitted to the MMO for written approval at least 4 months before commencement of any survey works detailed within;

(c)a construction method statement in accordance with the construction methods assessed in the environmental statement to include details of—

(i)drilling methods and disposal of drill arisings;

(ii)turbine, meteorological mast and platform location and installation, including scour protection and foundations;

(iii)cable installation;

(iv)impact piling including soft start procedures;

(v)the source of rock material used in construction and method to minimise contaminants and fines;

(vi)contractors;

(vii)vessels; and

(viii)associated works;

(d)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;

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

(iii)waste management and disposal arrangements including arrangements to ensure no waste concrete slurry or wash water from concrete or cement work is discharged;

(iv)the fisheries liaison officer appointed by the undertaker (to be notified to the District Marine Officer for the MMO’s Northern District). Evidence of liaison must be collated so that signatures of attendance at meetings, agenda and minutes of meetings with the fishing industry can be provided to the MMO if requested; and

(v)a fisheries liaison plan in accordance with the draft fisheries liaison plan to include information on liaison with the fishing industry (including by the fisheries liaison officer referred to in sub-paragraph (iv)) and a co-existence plan;

(e)a marine mammal mitigation protocol, the intention of which is to prevent, amongst other things, injury to marine mammals, primarily auditory injury within the vicinity of any piling, and appropriate monitoring surveys in accordance with the In Principle Monitoring Plan, to be agreed in writing with the MMO in consultation with the relevant statutory nature conservation body;

(f)a cable specification and installation plan following consultation with the relevant statutory nature conservation body, to include—

(i)technical specification of offshore cables, 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 staged cable-laying plan for the Order limits, incorporating a burial risk assessment to ascertain suitable burial depths and cable-laying techniques;

(iii)a scour protection management and cable protection plan providing details of the need, type, sources, quality and installation methods for scour protection and cable protection; and

(iv)details of the methodology and extent of a post-lay survey, to confirm burial depths; and

(g)a written scheme of archaeological investigation in relation to offshore areas within the Order limits in accordance with Chapter 18 Appendix B of the environmental statement, industry good practice and after discussions with English Heritage to include—

(i)details of the 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)within 3 months of any survey being completed, a timetable to be submitted to the MMO setting out the timeframe for the analysis and reporting of survey data;

(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 including ensuring that a copy of any agreed archaeological report is deposited with the English Heritage archive by submitting an English Heritage OASIS form with a digital copy of the report; and

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

10.—(1) Each programme, statement, plan, protocol, scheme or details required to be approved under Condition 9, and the arrangements required to be approved under Condition 5, must be submitted for approval at least 4 months before the intended commencement of construction, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) The licensed activities must be carried out in accordance with the programme, statement, plan, protocol scheme or details approved under Condition 9.

Offshore safety management

11.—(1) Offshore works must not commence until the MMO, in consultation with the MCA, has given written approval for an Emergency Response and Co-operation Plan (“ERCoP”) which includes full details of the ERCoP for the construction, operation and decommissioning phases of the authorised scheme in accordance with the MCA recommendations contained within MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues”. The ERCoP must include the identification of a point of contact for emergency response.

(2) The ERCoP must be implemented as approved.

(3) No authorised development seaward of MHWS must commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

Reporting of engaged agents, contractors and vessels

12.—(1) The undertaker must provide the name and function of any agent or contractor appointed to engage in the licensed activities to the MMO at least 2 weeks before the intended commencement of construction.

(2) Each week during the construction of the authorised scheme a completed Hydrographic Note H102 must be provided to the MMO listing the vessels currently and to be used in relation to the licensed activities.

(3) Any changes to the supplied details must be notified to the MMO in writing before the agent, contractor or vessel engages in the licensed activities.

Equipment and operation of vessels engaged in licensed activities

13.—(1) All vessels employed to perform the licensed activities must be constructed and equipped to be capable of the proper performance of such activities in accordance with the Conditions and (except in the case of remotely-operated vehicles or vessels) must comply with sub-paragraphs (2) to (6).

(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) No radio beacon or radar beacon operating on the marine frequency bands must be installed or used without the prior written approval of the Secretary of State.

(4) All vessels’ names or identification must be clearly marked on the hull or superstructure.

(5) All communication on VHF working frequencies must be in English.

(6) No vessel must engage in the licensed activities until all the equipment specified in sub-paragraph (2) is fully operational.

Pre-construction monitoring

14.—(1) The undertaker must, in discharging Condition 9(b), submit details for written approval by the MMO of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report. The survey proposals must be in 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 or will enable the validation or otherwise of key predictions in the environmental statement. 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, where appropriate and necessary it is expected that the pre-construction surveys will comprise—

(a)an appropriate survey to determine the location and reasonable extent of any benthic habitats of conservation, ecological or economic importance (including Annex 1 habitats) in whole or in part inside the areas within the Order limits in which it is proposed to carry out construction works;

(b)appropriate high-resolution bathymetric surveys undertaken to International Hydrographic Organisation Order 1A standard and side-scan surveys of the areas within the Order limits in which it is proposed to carry out construction works, including a 500-metre buffer area around the site of each work. This must include the identification of sites of historic or archaeological interest (A1 and A3 receptors) and any unidentified anomalies larger than 5 metres in diameter (A2 receptors), which may require the refinement, removal or introduction of archaeological exclusion zones and to confirm project-specific micro-siting requirements (for A2 receptors);

(c)appropriate surveys of existing ornithological activity inside the areas within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, which are required to validate predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme; and

(d)appropriate surveys of sand eel within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, which are required to validate predictions in the environmental statement.

(3) The undertaker must carry out and complete the surveys to be undertaken under sub-paragraph (1) in a timescale which must be agreed with the MMO.

Construction monitoring

15.—(1) The undertaker must, in discharging Condition 9(b), submit details for approval by the MMO of any proposed surveys or monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme.

(2) The details of the construction monitoring must be submitted at least 4 months before commencement of any survey works and provide the agreed reports in the agreed format in accordance with the agreed timetable. The survey proposals must be in accordance with the principles set out in the In Principle Monitoring Plan and must specify each survey’s objectives. The construction surveys must comprise—

(a)where driven or part-driven pile foundations (for each specific foundation type) are proposed to be used, measurements of noise generated by the installation of 1 pile from each of the first 4 structures with piled foundations, following which the MMO must determine whether further noise monitoring is required. The results of the initial noise measurements must be provided to the MMO within 6 weeks of the installation of the first relevant foundation piece. The assessment of this report by the MMO must determine whether any further noise monitoring is required;

(b)vessel traffic monitoring by Automatic Identification System, including the provision of reports on the results of that monitoring periodically as requested by the MMO; and

(c)appropriate surveys of ornithological activity inside the areas within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, dependent on the outcomes of the pre-construction surveys, as agreed with the MMO in consultation with the relevant statutory nature conservation body.

Post-construction surveys

16.—(1) The undertaker must, in discharging Condition 9(b), submit details for written approval by the MMO of the post-construction surveys proposed in sub-paragraph (2), including methodologies and timings, and a proposed format, content and timings for providing reports on the results at least 4 months before commencement of any survey works detailed within. The survey proposals must be in 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 or will enable the validation or otherwise of key predictions in the environmental statement.

(2) Subject to receipt of specific proposals, it is expected that the post-construction surveys will comprise—

(a)appropriate surveys of ornithological activity inside the areas within the Order limits in which construction works were carried out, and any wider areas where appropriate, which are required to validate predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme;

(b)appropriate high-resolution bathymetric surveys undertaken to International Hydrographic Organisation Order 1A standard and side-scan sonar surveys around a sample of infrastructure locations that are considered appropriate to assess any changes in seabed topography. For this purpose, the undertaker must before the first such survey submit a desk-based assessment (which takes account of all factors which influence scour) to identify the sample of infrastructure locations that are considered appropriate with greatest potential for scour. The survey will be used to validate the desk-based assessment. Further surveys may be required if there are significant differences between the modelled scour and recorded scour;

(c)appropriate surveys of sand eel within the Order limits in which construction works were carried out, and any wider areas where appropriate;

(d)dependent on the outcome of the surveys undertaken under Condition 14(2)(a), appropriate surveys to determine the effects of construction activity on any benthic habitats of conservation, ecological or economic importance (including Annex 1 habitats) in whole or in part inside the areas within the Order limits to validate predictions made in the environmental statement;

(e)vessel traffic monitoring by Automatic Identification System totalling a maximum of 28 days taking account of seasonal variations in traffic patterns over 1 year, following the commencement of commercial operation. A report must be submitted to the MMO and the MCA following the end of the monitoring; and

(f)appropriate surveys to determine change in size and form of the drill disposal mounds over the lifetime of the authorised scheme.

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

Post-construction maintenance plan

17.—(1) A post-construction maintenance plan must be submitted for written approval by the MMO at least 4 months before the licensed activities are commissioned, based on the maintenance in the outline maintenance plan.

(2) An update to the post-construction maintenance plan must be submitted for approval every 3 years, or sooner in the event of any proposed major revision to planned maintenance activities or the adoption of any new technologies or techniques applicable to programmed maintenance.

(3) Maintenance must be carried out as approved.

Aids to navigation

18.—(1) Before commencement of the authorised scheme, an aids to navigation management plan must be approved in writing by the MMO following consultation with Trinity House and MCA specifying the—

(a)aids to navigation to be established from the commencement of the authorised scheme to the completion of decommissioning;

(b)monitoring and reporting of the availability of aids to navigation; and

(c)notifications and procedures for ensuring navigational safety following failures to aids to navigation.

(2) The licensed activities must be carried out in accordance with the plan approved under this Condition.

19.  The undertaker must keep Trinity House and the MMO informed of progress of the authorised scheme seaward of MHWS including—

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

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

(c)notice within 5 working days of completion of construction of the authorised scheme.

20.  The undertaker must notify Trinity House and the MMO of any failure of the aids to navigation, including timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the detection of any such failure.

21.  The undertaker must at or near the authorised scheme during the whole period of the construction, operation, alteration, replacement or decommissioning of the authorised scheme seaward of MHWS 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 following consultation with the MMO.

22.  The undertaker must submit reports quarterly to the MMO and Trinity House detailing the working condition of aids to navigation. Reports may be requested more frequently by the MMO or Trinity House and must be submitted by the undertaker as specified.

23.  In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS or any part of it, the undertaker must, as soon as possible and no later than 24 hours following the identification of damage, destruction or decay, notify Trinity House and the MMO. The undertaker must also lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House following consultation with the MMO.

Colour of authorised scheme

24.—(1) The undertaker must colour all structures that are part of the authorised scheme seaward of MHWS yellow (colour code RAL 1023) from at least HAT to a height approved by the MMO following consultation with Trinity House.

(2) Details of the remainder of the structures must be submitted to and approved in writing by the MMO following consultation with Trinity House before commencement of the authorised scheme.

(3) The structures must be coloured in accordance with the approved details.

Amendments to plans, etc.

25.  Where any Condition requires licensed activities to be carried out in accordance with any programme, statement, plan, protocol, scheme, details or arrangements approved by the MMO, the approved programme, statement, plan, protocol, scheme, details or arrangements must be taken to include any amendments that may subsequently be approved in writing by the MMO (after consulting any person that the MMO is required to consult under the relevant Condition).

Articles 2 and 39

SCHEDULE 9Marine Licence 2: Project B Offshore (Generation – Works No. 1B and 2T)

PART ALicensed activities

Interpretation

1.—(1) In this licence—

“2004 Act” means the Energy Act 2004;

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

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

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

“authorised scheme” means Works No. 1B and 2T described in paragraph 2 or any part or phase of those works;

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

“cable protection” means any measures to protect cables and prevent loss of seabed sediment, for example by use of grout bags, protective aprons, mattresses, flow energy dissipation devices or rock and gravel burial;

“combined platform” means a single offshore platform combining 2 or more of the following—

(a)

an offshore collector platform;

(b)

an offshore converter platform;

(c)

an offshore accommodation or helicopter platform;

“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;

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

“Condition” means a condition in Part B;

“draft fisheries liaison plan” means the document certified as the draft fisheries liaison plan by the Secretary of State for the purposes of the Order;

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

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

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

“HAT” means highest astronomical tide;

“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 for the purposes of the Order;

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

“licensed activities” means the activities specified in this Part;

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

“MCA” means the Maritime and Coastguard Agency;

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

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

“MMO” means the Marine Management Organisation;

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

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

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

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

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

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

“offshore Order limits plan” means the plans certified as the offshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;

“offshore platform” means any of the following—

(a)

an offshore accommodation or helicopter platform;

(b)

an offshore collector platform;

(c)

an offshore converter platform;

(d)

a combined platform;

“onshore Order limits plans” means the plans certified as the onshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;

“Order” means the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015;

“Order limits” means the limits shown on the offshore and onshore Order limits plans;

“outline maintenance plan” means the document certified as the outline maintenance plan by the Secretary of State for the purposes of the Order;

“scour protection” means protection against foundation scour and subsea damage, for example from trawling, through reinforcement measures and measures to prevent loss of seabed sediment around foundation bases. These measures include the use of bagged solutions filled with grout or other materials, protective aprons, mattresses, flow energy dissipation devices and rock and gravel burial;

“undertaker” means Doggerbank Project 4 Bizco Limited (company number 7914510) whose registered office is 55 Vastern Road, Reading, Berkshire RG1 8BU;

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

“wind turbine generator” means a structure comprising a tower, a rotor with 3 blades connected at the hub, a nacelle and ancillary electrical and other equipment which may include J-tubes, transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter transfer facilities and other associated equipment, fixed to a foundation.

(2) In this licence, a reference to any statute, order, regulation or similar instrument is a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) In this licence, unless otherwise indicated,—

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

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

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below, and the address for returns and correspondence, is—

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YH

Email: marine.consents@marinemanagement.org.uk

Tel: 0300 123 1032;

(b)Trinity House

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900;

(c)United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: 01823 337 900;

(d)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton SO15 1EG

Tel: 023 8032 9191;

(e)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk NR33 0HT

Tel: 01502 562 244;

(f)Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield S3 8NH

Tel: 0300 060 4911;

(g)JNCC

Inverdee House

Baxter Street

Aberdeen AB11 9QA

Tel: 01224 266 550;

(h)English Heritage

37 Tanner Row

York YO1 6WP

Tel: 01904 601901.

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

Marine Management Organisation

Northern Marine Area

Neville House

Central Riverside

Bell Street

North Shields

Tyne and Wear NE30 1LJ

Tel: 0191 257 4520.

Details of licensed activities

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

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

(b)the construction of works in or over the sea or on or under the sea bed including the removal, reconstruction or alteration of the position of subsea cables and pipelines; and

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

(2) Subject to sub-paragraph (7), such activities are authorised in relation to the construction, maintenance and operation of—

  • Work No. 1B—

    (a)

    an offshore wind turbine generating station with a gross electrical output capacity of up to 1.2 gigawatts comprising up to 200 wind turbine generators each fixed to the seabed by monopole, multi-leg or gravity base type foundations, situated within the co-ordinates of the array area specified in Table 1B;

    Table 1B - Co-ordinates of array area
    PointLatitude (decimal degrees)Longitude (decimal degrees)
    CBB-155.0745091.505499
    CBB-255.0781271.557882
    CBB-355.1003071.673135
    CBB-455.1021521.854982
    CBB-554.8592361.861874
    CBB-654.8709651.473897
    CBB-754.9680021.488779
    CBB-854.9719921.488363
    (b)

    up to 7 offshore platforms comprising the following—

    (i)

    up to 4 offshore collector platforms situated within the co-ordinates of the array area specified in Table 1B and being fixed to the seabed by multi-leg or gravity base type foundations;

    (ii)

    1 offshore converter platform situated within the co-ordinates of the array area specified in Table 1B and being fixed to the seabed by multi-leg or gravity base type foundations; and

    (iii)

    up to 2 offshore accommodation or helicopter platforms situated within the co-ordinates of the array area specified in Table 1B and being fixed to the seabed by multi-leg or gravity base type foundations;

    provided that any of the platforms comprised in Work No. 1B(b)(i) to (iii) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations;

    (c)

    up to 5 meteorological stations situated within the co-ordinates of the array area specified in Table 1B either fixed to the seabed by monopole, multi-leg or gravity base type foundations or utilising a floating support structure anchored to the seabed; and

    (d)

    a network of cables for the transmission of electricity and electronic communications laid on or beneath the seabed including cable crossings between—

    (i)

    any of the wind turbine generators comprising Work No. 1B(a);

    (ii)

    any of the wind turbine generators comprising Work No. 1B(a) and any of the works comprising Work No. 1B(b) or (c);

    (iii)

    any of the works comprising Work No. 1B(b) and any of the works comprising Work No. 1B(c); and

    (iv)

    the offshore converter platform comprising Work No. 1B(b)(ii) or the combined platforms referred to in Work No. 1B(b) and the export cable route in Work No. 2BA or 2BC (as defined in the Order);

  • Work No. 2T – a temporary work area for vessels to carry out intrusive activities during construction, including vessels requiring anchor spreads alongside the cable corridors; and

  • Ancillary works in connection with the above-mentioned works comprising—

    (a)

    temporary landing places, moorings or other means of accommodating vessels in the construction or maintenance of the authorised scheme;

    (b)

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

    (c)

    temporary works for the protection of land or structures affected by the authorised scheme;

    (d)

    cable protection, scour protection or dredging; and

    (e)

    cable route preparation works including boulder removal and obstruction clearance, dredging and pre-sweeping.

(3) The substances or articles authorised for deposit at sea are—

(a)iron, steel and aluminium;

(b)stone and rock;

(c)concrete and grout;

(d)sand and gravel;

(e)plastic and synthetic;

(f)material extracted from within the offshore Order limits during construction drilling and seabed preparation for foundation works and cable sandwave preparation works; and

(g)marine coatings, other chemicals and timber.

(4) Subject to the Conditions, this licence authorises the disposal of up to 1,107,411 cubic metres of material of natural origin within Work No. 1B produced during construction drilling and seabed preparation for foundation works and cable sandwave preparation works.

(5) The undertaker must inform the MMO of the location and quantities of material disposed of each month pursuant to sub-paragraph (4) by submission of a disposal return by 31st January each year for the months August to January inclusive, and by 31st July each year for the months February to July inclusive.

(6) This licence does not permit the decommissioning of the authorised scheme. No decommissioning activity must commence until a decommissioning programme has been approved by the Secretary of State under section 106 of the 2004 Act. Furthermore, at least 4 months before carrying out any such works, the undertaker must notify the MMO of the proposed decommissioning activity to establish whether a marine licence is required for such works.

(7) This licence and Marine Licence 4 (as defined in the Order), when taken together, do not authorise the construction of more than 1 Work No. 1B or the construction of Work No. 1B in excess of the maximum parameters for that Work set out in Schedule 1 to the Order.

PART BConditions

Detailed offshore design parameters

3.—(1) Subject to sub-paragraph (2), no wind turbine generator forming part of the authorised scheme 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 Work No. 1B must be of such a size that if they were installed to the maximum permitted gross generating capacity specified for that work the total rotor-swept area would not exceed 4.35 square kilometres.

(3) Wind turbine generator and meteorological mast foundation structures forming part of the authorised scheme 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 scheme 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 and 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 metresMaximum seabed footprint area per foundation (excluding scour protection) in square metres
Wind turbine generator and meteorological station foundation612,376

(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 Work No. 1B.

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

(10) The total cable protection for HVAC inter-array cables (excluding cable crossings) must not exceed an area of 0.5557 square kilometres or a volume of 217,850 cubic metres within Work No. 1B.

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

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

(13) The length of HVAC cables comprising Work No. 1B must not exceed 950 kilometres.

4.—(1) The total number of offshore platforms forming part of the authorised scheme must not exceed 7 comprising—

(a)up to 4 offshore collector platforms;

(b)up to 1 offshore converter platform;

(c)up to 2 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 scheme (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 scheme (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 scheme (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 scheme (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 scheme 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 scheme must—

(a)have more than 24 driven piles; or

(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 typeOffshore 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 metres5,62512,50012,500

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

Layout rules

5.—(1) The positions of wind turbine generators and offshore platforms must be arrayed in accordance with parameters applicable to Work No. 1B specified in Condition 3 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 authorised scheme must commence until the MMO, in consultation with the MCA, has approved their general layout arrangements. These layout arrangements must specify the physical point of connection between generation and transmission assets for Project B (as defined in the Order).

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

Notifications and inspections

6.—(1) The undertaker must ensure that—

(a)before any licensed activities are carried out under this licence, the undertaker informs the MMO of—

(i)the name of the person undertaking the licensed activities;

(ii)the works being undertaken pursuant to this licence comprising those works necessary up to the point of connection with the transmission assets;

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

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

(b)any works notified under this Condition when combined with any works notified under Condition 6 of Marine Licence 1 (as defined in the Order) and Condition 5 of Marine Licences 3 and 4 (as defined in the Order) do not exceed the maximum parameters set out in Schedule 1 to the Order;

(c)a copy of this licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—

(i)all agents and contractors notified to the MMO in accordance with Condition 12; and

(ii)the masters and transport managers responsible for the vessels notified to the MMO in accordance with Condition 12; and

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

(2) Only the persons and vessels notified to the MMO in accordance with Condition 12 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 sub-paragraph (1)(c) must be available for inspection by an enforcement officer at all reasonable times at the locations set out in sub-paragraph (3)(b).

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

(6) The undertaker must inform the MMO Coastal Office in writing at least 5 working days before commencement of the licensed activities or any phase of them.

(7) Before commencement of the licensed activities or any phase of them, the undertaker must publish in the Kingfisher Fortnightly Bulletin details of the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant phase.

(8) The undertaker must ensure that a notice to mariners is issued at least 10 working days before commencement of the licensed activities or any phase of them advising of the commencement date of Work No. 1B and the expected vessel routes from the local construction ports to the relevant locations.

(9) The undertaker must ensure that the notices to mariners are updated and reissued at weekly intervals during construction activities and within 5 days of any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under Condition 9(b). Copies of all notices must be provided to the MMO.

(10) The undertaker must notify—

(a)the United Kingdom Hydrographic Office at least 2 weeks before commencement, and no later than 2 weeks following completion, of the authorised scheme in order that all necessary amendments to nautical charts are made; and

(b)the MMO, MCA and Trinity House once the authorised scheme is completed and any required lighting or marking has been established.

Chemicals, drilling and debris

7.—(1) All chemicals used in the construction of the authorised scheme, including any chemical agents placed within any monopile or other foundation structure void, 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.

(2) The undertaker must ensure that any coatings and 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 control guidelines. Any spillages must be reported to the MMO marine pollution response team within the timeframes specified in the marine pollution contingency plan.

(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 may also require a marine licence.

(5) The undertaker must ensure that any debris arising from the construction of the authorised scheme or temporary works placed seaward of MHWS is removed on completion of the authorised scheme.

(6) At least 10 days before commencement of the licensed activities, the undertaker must submit to the MMO an audit sheet covering all aspects of the construction of the licensed activities or any phase of them. The audit sheet must include details of—

(a)loading facilities;

(b)vessels;

(c)equipment;

(d)shipment routes;

(e)transport;

(f)working schedules; and

(g)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 (or relevant phase) and must be submitted to the MMO for review at fortnightly intervals.

(8) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for, it must require the undertaker to carry out a side-scan sonar survey to plot all obstructions across a reasonable area of search agreed with the MMO where construction works and related activities have been carried out. Representatives of the Holderness Fishing Industry Group must be invited to send a representative to be present during the survey. Any obstructions that the MMO believes to be associated with the authorised scheme must be removed at the undertaker’s expense.

Force majeure

8.  If, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit the authorised deposits otherwise than in accordance with Condition 10(2) because the safety of human life or the vessel is threatened—

(a)within 48 hours full details of the circumstances of the deposit must be notified to the MMO; and

(b)at the written request of the MMO, the unauthorised deposits must be removed at the expense of the undertaker.

Pre-construction plans and documentation

9.  The licensed activities or any phase of those activities must not commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO—

(a)a plan to be agreed in writing with the MMO following consultation with Trinity House and the MCA which shows—

(i)the number, specifications and dimensions of the wind turbine generators;

(ii)the proposed location, including grid co-ordinates and choice of foundation types for all wind turbine generators, offshore platforms and meteorological stations;

(iii)the dimensions of all monopole, multi-leg and gravity base foundations, if used; and

(iv)the proposed layout of HVAC cables,

to ensure conformity with the description of Work No. 1B and compliance with Conditions 3 to 5;

(b)a detailed construction and monitoring programme to include details of—

(i)the proposed construction commencement date;

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

(iii)proposed pre-construction surveys, a proposed format and content for a baseline report, construction monitoring, post-construction monitoring and related reporting in accordance with Conditions 14, 15 and 16. The pre-construction survey programme and all pre-construction survey methodologies must be submitted to the MMO for written approval at least 4 months before commencement of any survey works detailed within;

(c)a construction method statement in accordance with the construction methods assessed in the environmental statement to include details of—

(i)drilling methods and disposal of drill arisings;

(ii)turbine, meteorological mast and platform location and installation, including scour protection and foundations;

(iii)cable installation;

(iv)impact piling including soft start procedures;

(v)the source of rock material used in construction and method to minimise contaminants and fines;

(vi)contractors;

(vii)vessels; and

(viii)associated works;

(d)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;

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

(iii)waste management and disposal arrangements including arrangements to ensure no waste concrete slurry or wash water from concrete or cement work is discharged;

(iv)the fisheries liaison officer appointed by the undertaker (to be notified to the District Marine Officer for the MMO’s Northern District). Evidence of liaison must be collated so that signatures of attendance at meetings, agenda and minutes of meetings with the fishing industry can be provided to the MMO if requested; and

(v)a fisheries liaison plan in accordance with the draft fisheries liaison plan to include information on liaison with the fishing industry (including by the fisheries liaison officer referred to in sub-paragraph (iv)) and a co-existence plan;

(e)a marine mammal mitigation protocol, the intention of which is to prevent, amongst other things, injury to marine mammals, primarily auditory injury within the vicinity of any piling, and appropriate monitoring surveys in accordance with the In Principle Monitoring Plan to be agreed in writing with the MMO in consultation with the relevant statutory nature conservation body;

(f)a cable specification and installation plan following consultation with the relevant statutory nature conservation body, to include—

(i)technical specification of offshore cables, 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 staged cable-laying plan for the Order limits, incorporating a burial risk assessment to ascertain suitable burial depths and cable-laying techniques;

(iii)a scour protection management and cable protection plan providing details of the need, type, sources, quality and installation methods for scour protection and cable protection; and

(iv)details of the methodology and extent of post-lay surveys, to confirm burial depths; and

(g)a written scheme of archaeological investigation in relation to offshore areas within the Order limits in accordance with Chapter 18 Appendix B of the environmental statement, industry good practice and after discussions with English Heritage to include—

(i)details of the 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)within 3 months of any surveys being completed a timetable to be submitted to the MMO setting out the timeframe for the analysis and reporting of survey data;

(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 including ensuring that a copy of any agreed archaeological report is deposited with the English Heritage archive by submitting an English Heritage OASIS form with a digital copy of the report; and

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

10.—(1) Each programme, statement, plan, protocol, scheme or details required to be approved under Condition 9, and the arrangements required to be approved under Condition 5, must be submitted for approval at least 4 months before the intended commencement of construction, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) The licensed activities must be carried out in accordance with the programme, statement, plan, protocol, scheme or details approved under Condition 9.

Offshore safety management

11.—(1) Offshore works must not commence until the MMO, in consultation with the MCA, has given written approval for an Emergency Response and Co-operation Plan (“ERCoP”) which includes full details of the ERCoP for the construction, operation and decommissioning phases of the authorised scheme in accordance with the MCA recommendations contained within MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues”. The ERCOP must include the identification of a point of contact for emergency response.

(2) The ERCoP must be implemented as approved.

(3) No authorised development seaward of MHWS must commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

Reporting of engaged agents, contractors and vessels

12.—(1) The undertaker must provide the name and function of any agent or contractor appointed to engage in the licensed activities to the MMO at least 2 weeks before the intended commencement of construction.

(2) Each week during the construction of the authorised scheme a completed Hydrographic Note H102 must be provided to the MMO listing the vessels currently and to be used in relation to the licensed activities.

(3) Any changes to the supplied details must be notified to the MMO in writing before the agent, contractor or vessel engages in the licensed activities.

Equipment and operation of vessels engaged in licensed activities

13.—(1) All vessels employed to perform the licensed activities must be constructed and equipped to be capable of the proper performance of such activities in accordance with the Conditions and (except in the case of remotely-operated vehicles or vessels) must comply with sub-paragraphs (2) to (6).

(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) No radio beacon or radar beacon operating on the marine frequency bands must be installed or used without the prior written approval of the Secretary of State.

(4) All vessels’ names or identification must be clearly marked on the hull or superstructure.

(5) All communication on VHF working frequencies must be in English.

(6) No vessel must engage in the licensed activities until all the equipment specified in sub-paragraph (2) is fully operational.

Pre-construction monitoring

14.—(1) The undertaker must, in discharging Condition 9(b), submit details for written approval by the MMO of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report. The survey proposals must be in 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 or will enable the validation or otherwise of key predictions in the environmental statement. 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, where appropriate and necessary it is expected that the pre-construction surveys will comprise—

(a)an appropriate survey to determine the location and reasonable extent of any benthic habitats of conservation, ecological or economic importance (including Annex 1 habitats) in whole or in part inside the areas within the Order limits in which it is proposed to carry out construction works;

(b)appropriate high-resolution bathymetric surveys undertaken to International Hydrographic Organisation Order 1A standard and side-scan surveys of the areas within the Order limits in which it is proposed to carry out construction works, including a 500-metre buffer area around the site of each work. This must include the identification of sites of historic or archaeological interest (A1 and A3 receptors) and any unidentified anomalies larger than 5 metres in diameter (A2 receptors), which may require the refinement, removal or introduction of archaeological exclusion zones and to confirm project-specific micro-siting requirements (for A2 receptors);

(c)appropriate surveys of existing ornithological activity inside the areas within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, which are required to validate predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme; and

(d)appropriate surveys of sand eel within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate which are required to validate predictions in the environmental statement.

(3) The undertaker must carry out and complete the surveys to be undertaken under sub-paragraph (1) in a timescale which must be agreed with the MMO.

Construction monitoring

15.—(1) The undertaker must, in discharging Condition 9(b), submit details for approval by the MMO of any proposed surveys or monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme.

(2) The details of the construction monitoring must be submitted at least 4 months before commencement of any survey works and provide the agreed reports in the agreed format in accordance with the agreed timetable. The survey proposals must be in accordance with the principles set out in the In Principle Monitoring Plan and must specify each survey’s objectives. The construction surveys must comprise—

(a)where driven or part-driven pile foundations (for each specific foundation type) are proposed to be used, measurements of noise generated by the installation of 1 pile from each of the first 4 structures with piled foundations, following which the MMO must determine whether further noise monitoring is required. The results of the initial noise measurements must be provided to the MMO within 6 weeks of the installation of the first relevant foundation piece. The assessment of this report by the MMO must determine whether any further noise monitoring is required;

(b)vessel traffic monitoring by Automatic Identification System, including the provision of reports on the results of that monitoring periodically as requested by the MMO; and

(c)appropriate surveys of ornithological activity inside the areas within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, dependent on the outcomes of the pre-construction surveys, as agreed with the MMO in consultation with the relevant statutory nature conservation body.

Post-construction surveys

16.—(1) The undertaker must, in discharging Condition 9(b), submit details for written approval by the MMO of the post-construction surveys proposed in sub-paragraph (2), including methodologies and timings, and a proposed format, content and timings for providing reports on the results at least 4 months before commencement of any survey works detailed within. The survey proposals must be in 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 or will enable the validation or otherwise of key predictions in the environmental statement.

(2) Subject to receipt of specific proposals, it is expected that the post-construction surveys will comprise—

(a)appropriate surveys of ornithological activity inside the areas within the Order limits in which construction works were carried out, and any wider areas where appropriate, which are required to validate predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme;

(b)appropriate high-resolution bathymetric surveys undertaken to International Hydrographic Organisation Order 1A standard and side-scan sonar surveys around a sample of infrastructure locations that are considered appropriate to assess any changes in seabed topography. For this purpose, the undertaker must before the first such survey submit a desk-based assessment (which takes account of all factors which influence scour) to identify the sample of infrastructure locations that are considered appropriate with greatest potential for scour. The survey will be used to validate the desk-based assessment. Further surveys may be required if there are significant differences between the modelled scour and recorded scour;

(c)appropriate surveys of sand eel within the Order limits in which construction works were carried out, and any wider areas where appropriate;

(d)dependent on the outcome of the surveys undertaken under Condition 14(2)(a), appropriate surveys to determine the effects of construction activity on any benthic habitats of conservation, ecological or economic importance (including Annex 1 habitats) in whole or in part inside the areas within the Order limits to validate predictions made in the environmental statement;

(e)vessel traffic monitoring by Automatic Identification System totalling a maximum of 28 days taking account of seasonal variations in traffic patterns over 1 year, following the commencement of commercial operation. A report must be submitted to the MMO and the MCA following the end of the monitoring; and

(f)appropriate surveys to determine change in size and form of the drill disposal mounds over the lifetime of the authorised scheme.

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

Post-construction maintenance plan

17.—(1) A post-construction maintenance plan must be submitted for written approval by the MMO at least 4 months before the licensed activities are commissioned, based on the maintenance in the outline maintenance plan.

(2) An update to the post-construction maintenance plan must be submitted for approval every 3 years, or sooner in the event of any proposed major revision to planned maintenance activities or the adoption of any new technologies or techniques applicable to programmed maintenance.

(3) Maintenance must be carried out as approved.

Aids to navigation

18.—(1) Before commencement of the authorised scheme, an aids to navigation management plan must be approved in writing by the MMO following consultation with Trinity House and MCA specifying the—

(a)aids to navigation to be established from the commencement of the authorised scheme to the completion of decommissioning;

(b)monitoring and reporting of the availability of aids to navigation; and

(c)notifications and procedures for ensuring navigational safety following failures to aids to navigation.

(2) The licensed activities must be carried out in accordance with the plan approved under this Condition.

19.  The undertaker must keep Trinity House and the MMO informed of progress of the authorised scheme seaward of MHWS including—

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

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

(c)notice within 5 working days of completion of construction of the authorised scheme.

20.  The undertaker must notify Trinity House and the MMO of any failure of the aids to navigation, including timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the detection of any such failure.

21.  The undertaker must at or near the authorised scheme during the whole period of the construction, operation, alteration, replacement or decommissioning of the authorised scheme seaward of MHWS 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 following consultation with the MMO.

22.  The undertaker must submit reports quarterly to the MMO and Trinity House detailing the working condition of aids to navigation. Reports may be requested more frequently by MMO or Trinity House and must be submitted by the undertaker as specified.

23.  In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS or any part of it, the undertaker must as soon as possible and no later than 24 hours following the identification of damage, destruction or decay, notify Trinity House and MMO. The undertaker must also lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House following consultation with the MMO.

Colour of authorised scheme

24.—(1) The undertaker must colour all structures that are part of the authorised scheme seaward of MHWS yellow (colour code RAL 1023) from at least HAT to a height approved by the MMO following consultation with Trinity House.

(2) Details of the remainder of the structures must be submitted to and approved in writing by the MMO following consultation with Trinity House before commencement of the authorised scheme.

(3) The structures must be coloured in accordance with the approved details.

Amendments to plans, etc.

25.  Where any Condition requires licensed activities to be carried out in accordance with any programme, statement, plan, protocol, scheme, details or arrangements approved by the MMO, the approved programme, statement, plan, protocol, scheme, details or arrangements must be taken to include any amendments that may subsequently be approved in writing by the MMO (after consulting any person that the MMO is required to consult under the relevant Condition).

Articles 2 and 39

SCHEDULE 10Marine Licence 3: Project A Offshore (Transmission – Works No. 2A, 3A and 2T)

PART ALicensed activities

Interpretation

1.—(1) In this licence—

“2004 Act” means the Energy Act 2004;

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

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

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

“authorised scheme” means Works No. 1A, 2A, 3A and 2T described in paragraph 2 or any part or phase of those works;

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

“cable protection” means any measures to protect cables and prevent loss of seabed sediment, for example by use of grout bags, protective aprons, mattresses, flow energy dissipation devices or rock and gravel burial;

“combined platform” means a single offshore platform constructed in an array area comprising 2 or more of the following—

(a)

an offshore collector platform;

(b)

an offshore converter platform;

(c)

an offshore accommodation or helicopter platform;

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

“Condition” means a condition in Part B;

“draft fisheries liaison plan” means the document certified as the draft fisheries liaison plan by the Secretary of State for the purposes of the Order;

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

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

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

“HAT” means highest astronomical tide;

“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 for the purposes of the Order;

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

“licensed activities” means the activities specified in this Part;

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

“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 average of the low water heights occurring at the time of spring tides;

“MMO” means the Marine Management Organisation;

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

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

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

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

“offshore Order limits plan” means the plans certified as the offshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;

“offshore platform” means any of the following—

(a)

an offshore accommodation or helicopter platform;

(b)

an offshore collector platform;

(c)

an offshore converter platform;

(d)

a combined platform;

“onshore Order limits plan” means the plans certified as the onshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;

“Order” means the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015;

“Order limits” means the limits shown on the offshore and onshore Order limits plans;

“outline maintenance plan” means the document certified as the outline maintenance plan by the Secretary of State for the purposes of the Order;

“scour protection” means protection against foundation scour and subsea damage, for example from trawling, through reinforcement measures and measures to prevent loss of seabed sediment around foundation bases. These measures include the use of bagged solutions filled with grout or other materials, protective aprons, mattresses, flow energy dissipation devices and rock and gravel burial;

“undertaker” means Doggerbank Project 1 Bizco Limited (company number 7791991) whose registered office is 55 Vastern Road, Reading, Berkshire RG1 8BU;

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

(2) In this licence, a reference to any statute, order, regulation or similar instrument is a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) In this licence, unless otherwise indicated,—

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

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

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below, and the address for returns and correspondence, is—

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YH

Email: marine.consents@marinemanagement.org.uk

Tel: 0300 123 1032;

(b)Trinity House

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900;

(c)United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: 01823 337 900;

(d)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton SO15 1EG

Tel: 023 8032 9191;

(e)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk NR33 0HT

Tel: 01502 562 244;

(f)Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield S3 8NH

Tel: 0300 060 4911;

(g)JNCC

Inverdee House

Baxter Street

Aberdeen AB11 9QA

Tel: 01224 266 550;

(h)English Heritage

37 Tanner Row

York YO1 6WP

Tel: 01904 601901.

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

Marine Management Organisation

Northern Marine Area

Neville House

Central Riverside

Bell Street

North Shields

Tyne and Wear NE30 1LJ

Tel: 0191 257 4520.

Details of licensed activities

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

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

(b)the construction of works in or over the sea or on or under the sea bed including the removal, reconstruction or alteration of the position of subsea cables and pipelines; and

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

(2) Subject to sub-paragraphs (5) and (6), such activities are authorised in relation to the construction, maintenance and operation of—

  • Work No. 1A—

    (a)

    an offshore wind turbine generating station with a gross electrical output capacity of up to 1.2 gigawatts comprising up to 200 wind turbine generators each fixed to the seabed by monopole, multi-leg or gravity base type foundations situated within the co-ordinates of the array area specified in the Table 1A;

    Table 1A - Co-ordinates of array area
    PointLatitude (decimal degrees)Longitude (decimal degrees)
    CBA-154.8352411.633573
    CBA-254.8384122.174407
    CBA-354.8087002.227327
    CBA-454.6592861.976949
    CBA-554.7416851.632884
    (b)

    up to 7 offshore platforms comprising the following—

    (i)

    up to 4 offshore collector platforms situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations;

    (ii)

    1 offshore converter platform situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations; and

    (iii)

    up to 2 offshore accommodation or helicopter platforms situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations,

    provided that any of the platforms comprised in Work No. 1A(b)(i) to (iii) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations;

    (c)

    up to 5 meteorological stations situated within the co-ordinates of the array area specified in Table 1A either fixed to the seabed by monopole, multi-leg or gravity base type foundations or utilising a floating support structure anchored to the seabed; and

    (d)

    a network of cables for the transmission of electricity and electronic communications laid on or beneath the seabed including cable crossings between—

    (i)

    any of the wind turbine generators comprising Work No. 1A(a);

    (ii)

    any of the wind turbine generators comprising Work No. 1A(a) and any of the works comprising Work No. 1A(b) or (c); and

    (iii)

    any of the works comprising Work No. 1A(b) to and any of the works comprising Work No. 1A(c); and

    (iv)

    the offshore converter platform comprising Work No. 1A(b)(ii) or the combined platforms referred to in Work No. 1A(b) and the export cable route in Work No. 2A;

    (e)

    Work No. 2A – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid on or beneath the seabed between the offshore converter platform comprising Work No. 1A(b)(ii) or the combined platforms referred to in Work No. 1A(b) and Work No. 3A including cable crossings and situated within the co-ordinates of the export cable corridor area specified in the offshore Order limits plan;

    (f)

    Work No. 3A – up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications between MLWS and MHWS and connecting Work No. 2A with Work No. 4A;

    (g)

    Work No. 2T – a temporary work area for vessels to carry out intrusive activities during construction, including vessels requiring anchor spreads alongside the cable corridors; and

    (h)

    Ancillary works in connection with the above-mentioned works comprising—

    (a)

    temporary landing places, moorings or other means of accommodating vessels in the construction or maintenance of the authorised scheme;

    (b)

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

    (c)

    temporary works for the protection of land or structures affected by the authorised scheme;

    (d)

    cable protection, scour protection or dredging; and

    (e)

    cable route preparation works including boulder removal and obstruction clearance, dredging and pre-sweeping.

(3) The substances or articles authorised for deposit at sea are—

(a)iron, steel and aluminium;

(b)stone and rock;

(c)concrete and grout;

(d)sand and gravel;

(e)plastic and synthetic;

(f)material extracted from within the offshore Order limits during construction drilling and seabed preparation for foundation works and cable sandwave preparation works; and

(g)marine coatings, other chemicals and timber.

(4) This licence does not permit the decommissioning of the authorised scheme. No decommissioning activity must commence until a decommissioning programme has been approved by the Secretary of State under section 106 of the 2004 Act. Furthermore, at least 4 months before carrying out any such works, the undertaker must notify the MMO of the proposed decommissioning activity to establish whether a marine licence is required for such works.

(5) This licence does not permit the construction of Work No. 1A(a).

(6) This licence and Marine Licence 1 (as defined in the Order), when taken together, do not authorise the construction of more than 1 Work No. 1A or the construction of Work No. 1A in excess of the maximum parameters for that Work set out in Schedule 1 to the Order.

PART BConditions

Detailed offshore design parameters

3.—(1) The dimensions of any offshore collector platforms forming part of the authorised scheme (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.

(2) The dimensions of any offshore converter platform forming part of the authorised scheme (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.

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

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

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

(a)have more than 24 driven piles;

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

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

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

Foundation typeOffshore collector platform (multi-leg or gravity base foundation)Offshore converter platform (multi-leg or gravity base foundation)
Maximum seabed footprint area per foundation (excluding scour protection) in square metres5,62512,500

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

(9) The total cable protection for HVAC inter-platform cables (excluding cable crossings) must not exceed an area of 0.9997 square kilometres or a volume of 972,150 cubic metres within Work No. 1A.

(10) The total export cable protection (excluding cable crossings) must not exceed an area of 1.3391 square kilometres or a volume of 1,302,200 cubic metres.

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

(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.

(13) The length of HVAC cables comprising Work. No 1A must not exceed 320 kilometres.

Layout rules

4.—(1) The offshore platforms must be positioned in accordance with the principles within section 5.2 of Chapter 5 of the environmental statement.

(2) No construction of any offshore platform must commence until the MMO has approved its general position. These general layout arrangements must specify the physical point of connection between generation and transmission assets for Project A (as defined in the Order).

(3) The construction of the offshore platforms must be carried out as approved.

Notifications and inspections

5.—(1) The undertaker must ensure that—

(a)before any licensed activities are carried out under this licence, the undertaker informs the MMO of—

(i)the name of the person undertaking the licensed activities;

(ii)the works being undertaken pursuant to this licence comprising those works necessary from the point of connection with the generation assets;

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

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

(b)any works notified under this Condition when combined with any works notified under Condition 6 of Marine Licences 1 and 2 (as defined in the Order) and Condition 5 of Marine Licence 4 (as defined in the Order) do not exceed the maximum parameters set out in Schedule 1 to the Order;

(c)a copy of this licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—

(i)all agents and contractors notified to the MMO in accordance with Condition 11; and

(ii)the masters and transport managers responsible for the vessels notified to the MMO in accordance with Condition 11;

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

(2) Only the persons and vessels notified to the MMO in accordance with Condition 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 sub-paragraph (1)(c) must be available for inspection by an enforcement officer at all reasonable times at the locations set out in sub-paragraph (3)(b).

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

(6) The undertaker must inform the MMO Coastal Office in writing at least 5 working days before commencement of the licensed activities or any phase of them.

(7) Before commencement of the licensed activities or any phase of them, the undertaker must publish in the Kingfisher Fortnightly Bulletin details of the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant phase.

(8) The undertaker must ensure that a notice to mariners is issued at least 10 working days before commencement of the licensed activities or any phase of them advising of the commencement date of Works No. 2A and 3A and the expected vessel routes from the local construction ports to the relevant locations.

(9) The undertaker must ensure that the notices to mariners are updated and reissued at weekly intervals during construction activities and within 5 days of any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under Condition 8(1)(b). Copies of all notices must be provided to the MMO.

(10) The undertaker must notify—

(a)the United Kingdom Hydrographic Office at least 2 weeks before commencement, and no later than 2 weeks following completion, of the authorised scheme in order that all necessary amendments to nautical charts are made; and

(b)the MMO, MCA and Trinity House once the authorised scheme is completed and any required lighting or marking has been established.

Chemicals, drilling and debris

6.—(1) All chemicals used in the construction of the authorised scheme, including any chemical agents placed within any monopile or other foundation structure void, 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.

(2) The undertaker must ensure that any coatings and 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 control guidelines. Any spillages must be reported to the MMO marine pollution response team within the timeframes specified in the marine pollution contingency plan.

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

(4) The undertaker must ensure that any debris arising from the construction of the authorised scheme or temporary works placed seaward of MHWS is removed on completion of the authorised scheme.

(5) At least 10 days before commencement of the licensed activities, the undertaker must submit to the MMO an audit sheet covering all aspects of the construction of the licensed activities or any phase of them. The audit sheet must include details of—

(a)loading facilities;

(b)vessels;

(c)equipment;

(d)shipment routes;

(e)transport;

(f)working schedules; and

(g)all components and materials to be used in the construction of the authorised scheme.

(6) The audit sheet must be maintained throughout the construction of the authorised scheme (or relevant phase) and must be submitted to the MMO for review at fortnightly intervals.

(7) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for, it must require the undertaker to carry out a side-scan sonar survey to plot all obstructions across a reasonable area of search agreed with the MMO where construction works and related activities have been carried out. Representatives of the Holderness Fishing Industry Group must be invited to send a representative to be present during the survey. Any obstructions that the MMO believes to be associated with the authorised scheme must be removed at the undertaker’s expense.

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 the authorised deposits otherwise than in accordance with Condition 9(2) because the safety of human life or the vessel is threatened—

(a)within 48 hours full details of the circumstances of the deposit must be notified to the MMO; and

(b)at the written request of the MMO, the unauthorised deposits must be removed at the expense of the undertaker.

Pre-construction plans and documentation

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

(a)a plan to be agreed in writing with the MMO following consultation with Trinity House and the MCA which sets out the proposed details of the authorised scheme to ensure conformity with the description of Works No. 2A and 3A. This includes—

(i)the proposed layout of the HVAC and HVDC cables;

(ii)the proposed location, including grid co-ordinates, and choice of foundation types for any offshore platforms; and

(iii)the dimensions of all monopole, multi-leg and gravity foundations, if used;

(b)a detailed construction and monitoring programme to include details of—

(i)the proposed construction commencement date;

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

(iii)proposed pre-construction surveys, a proposed format and content for a baseline report, 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 at least 4 months before commencement of any survey works detailed within;

(c)a construction method statement in accordance with the construction methods assessed in the environmental statement to include details of—

(i)drilling methods and disposal of drill arisings;

(ii)platform location and installation, including scour protection and foundations;

(iii)cable installation;

(iv)impact piling including soft start procedures;

(v)the source of rock material used in construction and method to minimise contaminants and fines;

(vi)contractors;

(vii)vessels; and

(viii)associated works;

(d)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;

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

(iii)waste management and disposal arrangements including arrangements to ensure no waste concrete slurry or wash water from concrete or cement work is discharged;

(iv)the fisheries liaison officer appointed by the undertaker (to be notified to the District Marine Officer for the MMO’s Northern District). Evidence of liaison must be collated so that signatures of attendance at meetings, agenda and minutes of meetings with the fishing industry can be provided to the MMO if requested;

(v)a fisheries liaison plan in accordance with the draft fisheries liaison plan to include information on liaison with the fishing industry (including by the fisheries liaison officer referred to in sub-paragraph (iv)) and a co-existence plan; and

(vi)a mitigation scheme for any features of ecological importance identified by the survey referred to in Condition 13(2)(a);

(e)a marine mammal mitigation protocol, the intention of which is to prevent, amongst other things, injury to marine mammals, primarily auditory injury within the vicinity of any piling, and appropriate monitoring surveys in accordance with the In Principle Monitoring Plan, to be agreed in writing with the MMO in consultation with the relevant statutory nature conservation body;

(f)a cable specification and installation plan following consultation with the relevant statutory nature conservation body, to include—

(i)technical specification of offshore cables, 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 staged cable-laying plan for the Order limits, incorporating a burial risk assessment to ascertain suitable burial depths and cable-laying techniques;

(iii)a cable protection plan providing details of the need, type, sources, quality and installation methods for cable protection; and

(iv)details of the methodology and extent of post-lay survey, to confirm burial depths; and

(g)a written scheme of archaeological investigation in relation to offshore areas within the Order limits in accordance with Chapter 18 Appendix B of the environmental statement, industry good practice and after discussions with English Heritage to include—

(i)details of the 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)within 3 months of any survey being completed, a timetable to be submitted to the MMO setting out the timeframe for analysis and reporting of survey data;

(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 including ensuring that a copy of any agreed archaeological report is deposited with the English Heritage archive by submitting an English Heritage OASIS form with a digital copy of the report; and

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

(2) In the event that a temporary cofferdam is constructed in Work No. 3A, a method statement for the monitoring and redistribution of sediment must be agreed in writing with the MMO.

9.—(1) Each programme, statement, plan, protocol, scheme or details required to be approved under Condition 8, and the arrangements required to be approved under Condition 4, must be submitted for approval at least 4 months before the intended commencement of construction, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) The licensed activities must be carried out in accordance with the programme, statement, plan, protocol, scheme or details approved under Condition 8.

Offshore safety management

10.—(1) Offshore works must not commence until the MMO, in consultation with the MCA, has given written approval for an Emergency Response and Co-operation Plan (“ERCoP”) which includes full details of the ERCoP for the construction, operation and decommissioning phases of the authorised scheme in accordance with the MCA recommendations contained within MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues”. The ERCOP must include the identification of a point of contact for emergency response.

(2) The ERCoP must be implemented as approved.

(3) No authorised development seaward of MHWS must commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

Reporting of engaged agents, contractors and vessels

11.—(1) The undertaker must provide the name and function of any agent or contractor appointed to engage in the licensed activities to the MMO at least 2 weeks before the intended commencement of construction.

(2) Each week during the construction of the authorised scheme a completed Hydrographic Note H102 must be provided to the MMO listing the vessels currently and to be used in relation to the licensed activities.

(3) Any changes to the supplied details must be notified to the MMO in writing before the agent, contractor or vessel engages in the licensed activities.

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 such activities in accordance with the Conditions and (except in the case of remotely-operated vehicles or vessels) must comply with sub-paragraphs (2) to (6).

(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) No radio beacon or radar beacon operating on the marine frequency bands must be installed or used without the prior written approval of the Secretary of State.

(4) All vessels’ names or identification must be clearly marked on the hull or superstructure.

(5) All communication on VHF working frequencies must be in English.

(6) No vessel must engage in the licensed activities until all the equipment specified in sub-paragraph (2) is fully operational.

Pre-construction monitoring

13.—(1) The undertaker must, in discharging Condition 8(1)(b), submit details for written approval by the MMO of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report. The survey proposals must be in 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 or will enable the validation or otherwise of key predictions in the environmental statement. 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, where appropriate and necessary it is expected that the pre-construction surveys will comprise—

(a)an appropriate survey to determine the location and reasonable extent of any benthic habitats of conservation, ecological or economic importance (including Annex 1 habitats) in whole or in part inside the areas within the Order limits in which it is proposed to carry out construction works; and

(b)appropriate high-resolution bathymetric surveys undertaken to International Hydrographic Organisation Order 1A standard and side-scan surveys of the areas within Work No. 2A within the Order limits in which it is proposed to carry out construction works. This must include the identification of sites of historic or archaeological interest (A1 and A3 receptors) and any unidentified anomalies larger than 5 metres in diameter (A2 receptors), which may require the refinement, removal or introduction of archaeological exclusion zones and to confirm project-specific micro-siting requirements (for A2 receptors).

(3) The undertaker must carry out and complete the surveys to be undertaken under sub-paragraph (1) in a timescale which must be agreed with the MMO.

Construction monitoring

14.  The undertaker must, in discharging Condition 8(1)(b), submit details for approval by the MMO of any proposed surveys or monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The details of the construction monitoring must be submitted at least 4 months before commencement of any survey works and provide the agreed reports in the agreed format in accordance with the agreed timetable. The survey proposals must specify each survey’s objectives. In any event, such monitoring must, where driven or part-driven pile foundations (for each specific foundation type) are proposed to be used, include measurements of noise generated by the installation of 1 pile from each of the first 4 structures with piled foundations, following which the MMO must determine whether further noise monitoring is required. The results of the initial noise measurements must be provided to the MMO within 6 weeks of the installation of the first relevant foundation piece. The assessment of this report by the MMO must determine whether any further noise monitoring is required.

Post-construction surveys

15.—(1) The undertaker must, in discharging Condition 8(1)(b), submit details for written approval by the MMO of the post-construction surveys proposed in sub-paragraph (2), including methodologies and timings, and a proposed format, content and timings for providing reports on the results at least 4 months before commencement of any survey works detailed within. The survey proposals must be in accordance with 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 or will enable the validation or otherwise of key predictions in the environmental statement.

(2) Subject to receipt of specific proposals, it is expected that the post-construction surveys will comprise—

(a)appropriate high-resolution bathymetric surveys undertaken to International Hydrographic Organisation Order 1A standard and side-scan sonar surveys around a sample of infrastructure locations that are considered appropriate to assess any changes in seabed topography. For this purpose, the undertaker must before the first such survey submit a desk-based assessment (which takes account of all factors which influence scour) to identify the sample of infrastructure locations that are considered appropriate with greatest potential for scour. The survey will be used to validate the desk-based assessment. Further surveys may be required if there are significant differences between the modelled scour and recorded scour; and

(b)dependent on the outcome of the surveys undertaken under Condition 13(2)(a), appropriate surveys to determine the effects of construction activity on any benthic habitats of conservation, ecological or economic importance (including Annex 1 habitats) in whole or in part inside the areas within the Order limits to validate predictions made in the environmental statement.

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

Post-construction maintenance plan

16.—(1) A post-construction maintenance plan must be submitted for written approval by the MMO at least 4 months before the licensed activities are commissioned, based on the maintenance in the outline maintenance plan.

(2) An update to the post-construction maintenance plan must be submitted for approval every 3 years, or sooner in the event of any proposed major revision to planned maintenance activities or the adoption of any new technologies or techniques applicable to programmed maintenance.

(3) Maintenance must be carried out as approved.

Aids to navigation

17.—(1) Before commencement of the authorised scheme, an aids to navigation management plan must be approved in writing by the MMO following consultation with Trinity House and MCA specifying the—

(a)aids to navigation to be established from the commencement of the authorised scheme to the completion of decommissioning;

(b)monitoring and reporting of the availability of aids to navigation; and

(c)notifications and procedures for ensuring navigational safety following failures to aids to navigation.

(2) The licensed activities must be carried out in accordance with the plan approved under this Condition.

18.  The undertaker must keep Trinity House and the MMO informed of progress of the authorised scheme seaward of MHWS including—

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

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

(c)notice within 5 working days of completion of construction of the authorised scheme.

19.  The undertaker must notify Trinity House and the MMO of any failure of the aids to navigation, including timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the detection of any such failure.

20.  The undertaker must at or near the authorised scheme during the whole period of construction, operation, alteration, replacement or decommissioning of the authorised scheme seaward of MHWS 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 direct following consultation with the MMO.

21.  The undertaker must submit reports quarterly to the MMO and Trinity House detailing the working condition of aids to navigation. Reports may be requested more frequently by the MMO or Trinity House and must be submitted by the undertaker as specified.

22.  In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS or any part of it, the undertaker must as soon as possible and no later than 24 hours following the identification of damage, destruction or decay, notify Trinity House and MMO. The undertaker must also lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House following consultation with the MMO.

Colour of authorised scheme

23.—(1) The undertaker must colour all structures which are part of the authorised scheme seaward of MHWS yellow (colour code RAL 1023) from at least HAT to a height approved by the MMO following consultation with Trinity House.

(2) Details of the remainder of the structures must be submitted to and approved in writing by the MMO following consultation with Trinity House before commencement of the authorised scheme.

(3) The structures must be coloured in accordance with the approved details.

Amendments to plans, etc.

24.  Where any Condition requires licensed activities to be carried out in accordance with any programme, statement, plan, protocol, scheme, details or arrangements approved by the MMO, the approved programme, statement, plan, protocol, scheme, details or arrangements must be taken to include any amendments that may subsequently be approved in writing by the MMO (after consulting any person that the MMO is required to consult under the relevant Condition).

Articles 2 and 39

SCHEDULE 11Marine Licence 4: Project B Offshore (Transmission Works No. 2B, 2BA or 2BC, 3B and 2T)

PART ALicensed activities

Interpretation

1.—(1) In this licence—

“2004 Act” means the Energy Act 2004;

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

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

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

“authorised scheme” means Works No. 1B, 2BA, 2BC, 2B, 3B and 2T described in paragraph 2 or any part or phase of those works;

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

“cable protection” means the measures to protect cables from physical damage and exposure due to loss of seabed sediment, including, but not limited to, the use of bagged solutions filled with grout or other materials, protective aprons or coverings, mattresses, flow energy dissipation devices or rock and gravel burial;

“combined platform” means a single offshore platform constructed in an array area comprising 2 or more of the following—

(a)

an offshore collector platform;

(b)

an offshore converter platform;

(c)

an offshore accommodation or helicopter platform;

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

“Condition” means a condition in Part B;

“draft fisheries liaison plan” means the document certified as the draft fisheries liaison plan by the Secretary of State for the purposes of the Order;

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

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

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

“HAT” means highest astronomical tide;

“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 for the purposes of the Order;

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

“licensed activities” means the activities specified in this Part;

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

“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 average of the low water heights occurring at the time of spring tides;

“MMO” means the Marine Management Organisation;

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

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

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

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

“offshore Order limits plan” means the plans certified as the offshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;

“offshore platform” means any of the following—

(a)

an offshore accommodation or helicopter platform;

(b)

an offshore collector platform;

(c)

an offshore converter platform;

(d)

a combined platform;

“onshore Order limits plan” means the plans certified as the onshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;

“Order” means the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015;

“Order limits” means the limits shown on the offshore and onshore Order limits plans;

“outline maintenance plan” means the document certified as the outline maintenance plan by the Secretary of State for the purposes of the Order;

“scour protection” means protection against foundation scour and subsea damage, for example from trawling, through reinforcement measures and measures to prevent loss of seabed sediment around foundation bases. These measures include the use of bagged solutions filled with grout or other materials, protective aprons, mattresses, flow energy dissipation devices and rock and gravel burial;

“undertaker” means Doggerbank Project 4 Bizco Limited (company number 7914510) whose registered office is 55 Vastern Road, Reading, Berkshire RG1 8BU;

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

(2) In this licence, a reference to any statute, order, regulation or similar instrument is a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) In this licence, unless otherwise indicated,—

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

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

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below, and the address for returns and correspondence, is—

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YH

Email: marine.consents@marinemanagement.org.uk

Tel: 0300 123 1032;

(b)Trinity House

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900;

(c)United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: 01823 337 900;

(d)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton SO15 1EG

Tel: 023 8032 9191;

(e)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk NR33 0HT

Tel: 01502 562 244;

(f)Natural England

Foundary House

3 Millsands

Riverside Exchange

Sheffield S3 8NH

Tel: 0300 060 4911;

(g)JNCC

Inverdee House

Baxter Street

Aberdeen AB11 9QA

Tel: 01224 266 550;

(h)English Heritage

37 Tanner Row

York YO1 6WP

Tel: 01904 601901.

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

Marine Management Organisation

Northern Marine Area

Neville House

Central Riverside

Bell Street

North Shields

Tyne and Wear NE30 1LJ

Tel: 0191 257 4520.

Details of licensed activities

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

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

(b)the construction of works in or over the sea or on or under the sea bed including the removal, reconstruction or alteration of the position of subsea cables and pipelines; and

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

(2) Subject to sub-paragraphs (5) and (6), such activities are authorised in relation to the construction, maintenance and operation of—

  • Work No. 1B—

    (a)

    an offshore wind turbine generating station with a gross electrical output capacity of up to 1.2 gigawatts comprising up to 200 wind turbine generators each fixed to the seabed by monopole, multi-leg or gravity base type foundations, situated within the co-ordinates of the array area specified in Table 1B;

    Table 1B - Co-ordinates for array area
    PointLatitude (decimal degrees)Longitude (decimal degrees)
    CBB-155.0745091.505499
    CBB-255.0781271.557882
    CBB-355.1003071.673135
    CBB-455.1021521.854982
    CBB-554.8592361.861874
    CBB-654.8709651.473897
    CBB-754.9680021.488779
    CBB-854.9719921.488363
    (b)

    up to 7 offshore platforms comprising the following—

    (i)

    up to 4 offshore collector platforms situated within the co-ordinates of the array area specified in Table 1B and being fixed to the seabed by multi-leg or gravity base type foundations;

    (ii)

    1 offshore converter platform situated within the co-ordinates of the array area specified in Table 1B and being fixed to the seabed by multi-leg or gravity base type foundations; and

    (iii)

    up to 2 offshore accommodation or helicopter platforms situated within the co-ordinates of the array area specified in Table 1B and being fixed to the seabed by multi-leg or gravity base type foundations;

    provided that any of the platforms comprised in Work No. 1B(b)(i) to (iii) may be co-joined to create a combined platform, fixed to the seabed by multi-leg or gravity base type foundations;

    (c)

    up to 5 meteorological stations situated within the co-ordinates of the array area specified in the Table 1B either fixed to the seabed by monopole, multi-leg or gravity base type foundations or utilising a floating support structure anchored to the seabed; and

    (d)

    a network of cables for the transmission of electricity and electronic communications laid on or beneath the seabed including cable crossings between—

    (i)

    any of the wind turbine generators comprising Work No. 1B(a);

    (ii)

    any of the wind turbine generators comprising Work No. 1B(a) and any of the works comprising Work No. 1B(b) or (c);

    (iii)

    any of the works comprising Work No. 1B(b) and any of the works comprising Work No. 1B(c); and

    (iv)

    the offshore converter platform comprising Work No. 1B(b)(ii) or the combined platforms referred to in Work No. 1B(b) and the export cable route in Work No. 2BA or 2BC;

  • Work No. 2B – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid on or beneath the seabed between Work No. 2BA or 2BC and Work No. 3B including cable crossings and situated within the co-ordinates of the export cable corridor area specified in the offshore and onshore Order limits plans;

    Either—

    (a)

    Work No. 2BA – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid on or beneath the seabed between the offshore converter platform comprising Work No. 1B(b)(ii) or the combined platforms referred to in Work No. 1B(b) and Work No. 2B including cable crossings and situated within the co-ordinates of the export cable corridor area specified in the offshore Order limits plan; or

    (b)

    Work No. 2BC – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid on or beneath the seabed between the offshore converter platform comprising Work No. 1B((b)(ii) or the combined platforms referred to in Work No. 1B(b) and Work No. 1A, and between Work No. 1A and Work No. 2B, including cable crossings and situated within the co-ordinates of the export cable corridor area specified in the offshore Order limits plan;

  • Work No. 3B – up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications, between MLWS and MHWS and connecting Work No. 2B with Work No. 4B;

  • Work No. 2T – a temporary work area for vessels to carry out intrusive activities during construction, including vessels requiring anchor spreads alongside the cable corridors; and

  • Ancillary works in connection with the above-mentioned works comprising—

    (a)

    temporary landing places, moorings or other means of accommodating vessels in the construction or maintenance of the authorised scheme;

    (b)

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

    (c)

    temporary works for the protection of land or structures affected by the authorised scheme;

    (d)

    cable protection, scour protection or dredging; and

    (e)

    cable route preparation works including boulder removal and obstruction clearance, dredging and pre-sweeping.

(3) The substances or articles authorised for deposit at sea are—

(a)iron, steel and aluminium;

(b)stone and rock;

(c)concrete and grout;

(d)sand and gravel;

(e)plastic and synthetic;

(f)material extracted from within the offshore Order limits during construction drilling and seabed preparation for foundation works and cable sandwave preparation works; and

(g)marine coatings, other chemicals and timber.

(4) This licence does not permit the decommissioning of the authorised scheme. No decommissioning activity must commence until a decommissioning programme has been approved by the Secretary of State under section 106 of the 2004 Act. Furthermore, at least 4 months before carrying out any such works, the undertaker must notify the MMO of the proposed decommissioning activity to establish whether a marine licence is required for such works.

(5) This licence does not permit the construction of Work No. 1B(a).

(6) This licence and Marine Licence 2 (as defined in the Order), when taken together, do not authorise the construction of more than 1 Work No. 1B or the construction of Work No. 1B in excess of the maximum parameters for that Work set out in Schedule 1 to the Order.

PART BConditions

Detailed offshore design parameters

3.—(1) The dimensions of any offshore collector platform forming part of the authorised scheme (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.

(2) The dimensions of any offshore converter platform forming part of the authorised scheme (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.

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

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

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

(a)have more than 24 driven piles; or

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

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

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

Foundation typeOffshore collector platform (multi-leg or gravity base foundation)Offshore converter platform (multi-leg or gravity base foundation)
Maximum seabed footprint area per foundation (excluding scour protection) in square metres5,62512,500

(8) Either Work No. 2BA or Work No. 2BC may be constructed (but not both).

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

(10) The total cable protection for HVAC inter-platform cables (excluding cable crossings) must not exceed an area of 0.9997 square kilometres or a volume of 972,150 cubic metres within Work No. 1B.

(11) The total export cable protection (excluding cable crossings) must not exceed an area of 1.2217 square kilometres or a volume of 1,188,090 cubic metres.

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

(13) 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.

(14) The length of HVAC cables comprising Work No. 1B must not exceed 320 kilometres.

Layout rules

4.—(1) The offshore platforms must be positioned in accordance with the principles within section 5.2 of Chapter 5 of the environmental statement.

(2) No construction of any offshore platform must commence until the MMO has approved its general position. These general layout arrangements must specify the physical point of connection between generation and transmission assets for Project B (as defined in the Order).

(3) The construction of the offshore platforms must be carried out as approved.

Notifications and inspections

5.—(1) The undertaker must ensure that—

(a)before any licensed activities are carried out under this licence, the undertaker informs the MMO of—

(i)the name of the person undertaking the licensed activities;

(ii)the works being undertaken pursuant to this licence comprising those works necessary from the point of connection with the generation assets;

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

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

(b)any works notified under this Condition when combined with any works notified under Condition 6 of Marine Licences 1 and 2 (as defined in the Order) and Condition 5 of Marine Licence 3 (as defined in the Order) do not exceed the maximum parameters set out in Schedule 1 to the Order;

(c)a copy of this licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—

(i)all agents and contractors notified to the MMO in accordance with Condition 11; and

(ii)the masters and transport managers responsible for the vessels notified to the MMO in accordance with Condition 11;

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

(2) Only the persons and vessels notified to the MMO in accordance with Condition 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 sub-paragraph (1)(c) must be available for inspection by an enforcement officer at all reasonable times at the locations set out in sub-paragraph (3)(b).

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

(6) The undertaker must inform the MMO Coastal Office in writing at least 5 working days before commencement of the licensed activities or any phase of them.

(7) Before commencement of the licensed activities or any phase of them, the undertaker must publish in the Kingfisher Fortnightly Bulletin details of the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant phase.

(8) The undertaker must ensure that a notice to mariners is issued at least 10 working days before commencement of the licensed activities or any phase of them advising of the commencement date of Works No. 2B and 3B and the expected vessel routes from the local construction ports to the relevant locations.

(9) The undertaker must ensure that the notices to mariners are updated and reissued at weekly intervals during construction activities and within 5 days of any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under Condition 8(1)(b). Copies of all notices must be provided to the MMO.

(10) The undertaker must notify—

(a)the United Kingdom Hydrographic Office at least 2 weeks before commencement, and no later than 2 weeks following, completion of the authorised scheme in order that all necessary amendments to nautical charts are made; and

(b)the MMO, MCA and Trinity House once the authorised scheme is completed and any required lighting or marking has been established.

Chemicals, drilling and debris

6.—(1) All chemicals used in the construction of the authorised scheme, including any chemical agents placed within any monopile or other foundation structure void, 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.

(2) The undertaker must ensure that any coatings and 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 control guidelines. Any spillages must be reported to the MMO marine pollution response team within the timeframes specified in the marine pollution contingency plan.

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

(4) The undertaker must ensure that any debris arising from the construction of the authorised scheme or temporary works placed seaward of MHWS is removed on completion of the authorised scheme.

(5) At least 10 days before commencement of the licensed activities the undertaker must submit to the MMO an audit sheet covering all aspects of the construction of the licensed activities or any phase of them. The audit sheet must include details of—

(a)loading facilities;

(b)vessels;

(c)equipment;

(d)shipment routes;

(e)transport;

(f)working schedules; and

(g)all components and materials to be used in the construction of the authorised scheme.

(6) The audit sheet must be maintained throughout the construction of the authorised scheme (or relevant phase) and must be submitted to the MMO for review at fortnightly intervals.

(7) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for, it must require the undertaker to carry out a side-scan sonar survey to plot all obstructions across a reasonable area of search agreed with the MMO where construction works and related activities have been carried out. Representatives of the Holderness Fishing Industry Group must be invited to send a representative to be present during the survey. Any obstructions that the MMO believes to be associated with the authorised scheme must be removed at the undertaker’s expense.

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 the authorised deposits otherwise than in accordance with Condition 9(2) because the safety of human life or the vessel is threatened—

(a)within 48 hours full details of the circumstances of the deposit must be notified to the MMO; and

(b)at the written request of the MMO, the unauthorised deposits must be removed at the expense of the undertaker.

Pre-construction plans and documentation

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

(a)a plan to be agreed in writing with the MMO following consultation with Trinity House and the MCA which sets out the proposed details of the authorised scheme to ensure conformity with the description of Works No. 2B, 2BA or 2BC and 3B. This includes—

(i)the proposed layout of the HVAC and HVDC cables;

(ii)the proposed location, including grid co-ordinates, and choice of foundation types for any offshore platforms; and

(iii)the dimensions of all monopole, multi-leg and gravity foundations, if used;

(b)a detailed construction and monitoring programme to include details of—

(i)the proposed construction commencement date;

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

(iii)proposed pre-construction surveys, a proposed format and content for a baseline report, 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 at least 4 months before commencement of any survey works detailed within;

(c)a construction method statement in accordance with the construction methods assessed in the environmental statement to include details of—

(i)drilling methods and disposal of drill arisings;

(ii)platform location and installation, including scour protection and foundations;

(iii)cable installation;

(iv)impact piling including soft start procedures;

(v)the source of rock material used in construction and method to minimise contaminants and fines;

(vi)contractors;

(vii)vessels; and

(viii)associated works;

(d)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;

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

(iii)waste management and disposal arrangements including arrangements to ensure no waste concrete slurry or wash water from concrete or cement work is discharged;

(iv)the fisheries liaison officer appointed by the undertaker (to be notified to the District Marine Officer for the MMO’s Northern District). Evidence of liaison must be collated so that signatures of attendance at meetings, agenda and minutes of meetings with the fishing industry can be provided to the MMO if requested;

(v)a fisheries liaison plan in accordance with the draft fisheries liaison plan to include information on liaison with the fishing industry (including by the fisheries liaison officer referred to in sub-paragraph (iv)) and a co-existence plan; and

(vi)a mitigation scheme for any features of ecological importance identified by the survey referred to in Condition 13(2)(a);

(e)a marine mammal mitigation protocol, the intention of which is to prevent, amongst other things, injury to marine mammals, primarily auditory injury within the vicinity of any piling, and appropriate monitoring surveys in accordance with the In Principle Monitoring Plan, to be agreed in writing with the MMO in consultation with the relevant statutory nature conservation body;

(f)a cable specification and installation plan following consultation with the relevant statutory nature conservation body, to include—

(i)technical specification of offshore cables, 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 staged cable-laying plan for the Order limits, incorporating a burial risk assessment to ascertain suitable burial depths and cable-laying techniques;

(iii)a cable protection plan providing details of the need, type, sources, quality and installation methods for cable protection; and

(iv)the details of the methodology and extent of post-lay survey, to confirm burial depths; and

(g)a written scheme of archaeological investigation in relation to offshore areas within the Order limits in accordance with Chapter 18 Appendix B of the environmental statement, industry good practice and after discussions with English Heritage to include—

(i)details of the 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)within 3 months of any survey being completed, a timetable to be submitted to the MMO setting out the timeframe for analysis and reporting of survey data;

(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 including ensuring that a copy of any agreed archaeological report is deposited with the English Heritage archive by submitting an English Heritage OASIS form with a digital copy of the report; and

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

(2) In the event that a temporary cofferdam is constructed in Work No. 3B, a method statement for the monitoring and redistribution of sediment must be agreed with the MMO.

9.—(1) Each programme, statement, plan, protocol, scheme or details required to be approved under Condition 8, and the arrangements required to be approved under Condition 4, must be submitted for approval at least 4 months before the intended commencement of construction, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) The licensed activities must be carried out in accordance with the programme, statement, plan, protocol, scheme or details approved under Condition 8.

Offshore safety management

10.—(1) Offshore works must not commence until the MMO, in consultation with the MCA, has given written approval for an Emergency Response and Co-operation Plan (“ERCoP”) which includes full details of the ERCoP for the construction, operation and decommissioning phases of the authorised scheme in accordance with the MCA recommendations contained within MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues”. The ERCOP must include the identification of a point of contact for emergency response.

(2) The ERCoP must be implemented as approved.

(3) No authorised development seaward of MHWS must commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

Reporting of engaged agents, contractors and vessels

11.—(1) The undertaker must provide the name and function of any agent or contractor appointed to engage in the licensed activities to the MMO at least 2 weeks before the intended commencement of construction.

(2) Each week during the construction of the authorised scheme a completed Hydrographic Note H102 must be provided to the MMO listing the vessels currently and to be used in relation to the licensed activities.

(3) Any changes to the supplied details must be notified to the MMO in writing before the agent, contractor or vessel engages in the licensed activities.

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 such activities in accordance with the Conditions and (except in the case of remotely-operated vehicles or vessels) must comply with sub-paragraphs (2) to (6).

(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) No radio beacon or radar beacon operating on the marine frequency bands must be installed or used without the prior written approval of the Secretary of State.

(4) All vessels’ names or identification must be clearly marked on the hull or superstructure.

(5) All communication on VHF working frequencies must be in English.

(6) No vessel must engage in the licensed activities until all the equipment specified in sub-paragraph (2) is fully operational.

Pre-construction monitoring

13.—(1) The undertaker must, in discharging Condition 8(1)(b), submit details for written approval by the MMO of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report. The survey proposals must be in 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 or will enable the validation or otherwise of key predictions in the environmental statement. 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, where appropriate and necessary it is expected that the pre-construction surveys will comprise—

(a)an appropriate survey to determine the location and reasonable extent of any benthic habitats of conservation, ecological or economic importance (including Annex 1 habitats) in whole or in part inside the areas within the Order limits in which it is proposed to carry out construction works; and

(b)appropriate high-resolution bathymetric surveys undertaken to International Hydrographic Organisation Order 1A standard and side-scan surveys of the areas within Work No. 2B, 2BA or 2BC within the Order limits in which it is proposed to carry out construction works. This must include the identification of sites of historic or archaeological interest (A1 and A3 receptors) and any unidentified anomalies larger than 5 metres in diameter (A2 receptors), which may require the refinement, removal or introduction of archaeological exclusion zones and to confirm project-specific micro-siting requirements (for A2 receptors).

(3) The undertaker must carry out and complete the surveys to be undertaken under sub-paragraph (1) in a timescale which must be agreed with the MMO.

Construction monitoring

14.  The undertaker must, in discharging Condition 8(1)(b), submit details for approval by the MMO of any proposed surveys or monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The details of the construction monitoring must be submitted at least 4 months before commencement of any survey works and provide the agreed reports in the agreed format in accordance with the agreed timetable. The survey proposals must specify each survey’s objectives. In any event, such monitoring must, where driven or part-driven pile foundations (for each specific foundation type) are proposed to be used, include measurements of noise generated by the installation of 1 pile from each of the first 4 structures with piled foundations, following which the MMO must determine whether further noise monitoring is required. The results of the initial noise measurements must be provided to the MMO within 6 weeks of the installation of the first relevant foundation piece. The assessment of this report by the MMO must determine whether any further noise monitoring is required.

Post-construction surveys

15.—(1) The undertaker must, in discharging Condition 8(1)(b), submit details for written approval by the MMO of the post-construction surveys proposed in sub-paragraph (2), including methodologies and timings, and a proposed format, content and timings for providing reports on the results at least 4 months before commencement of any survey works detailed within. The survey proposals must be in 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 or will enable the validation or otherwise of key predictions in the environmental statement.

(2) Subject to receipt of specific proposals, it is expected that the post-construction surveys will comprise—

(a)appropriate high-resolution bathymetric surveys undertaken to International Hydrographic Organisation Order 1A standard and side-scan sonar surveys around a sample of infrastructure locations that are considered appropriate to assess any changes in seabed topography. For this purpose, the undertaker must before the first such survey submit a desk-based assessment (which takes account of all factors which influence scour) to identify the sample of infrastructure locations that are considered appropriate with greatest potential for scour. The survey will be used to validate the desk-based assessment. Further surveys may be required if there are significant differences between the modelled scour and recorded scour; and

(b)dependent on the outcome of the surveys undertaken under Condition 13(2)(a), appropriate surveys to determine the effects of construction activity on any benthic habitats of conservation, ecological or economic importance (including Annex 1 habitats) in whole or in part inside the areas within the Order limits to validate predictions made in the environmental statement.

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

Post-construction maintenance plan

16.—(1) A post-construction maintenance plan must be submitted for written approval by the MMO at least 4 months before the licensed activities are commissioned, based on the maintenance in the outline maintenance plan.

(2) An update to the post-construction maintenance plan must be submitted for approval every 3 years, or sooner in the event of any proposed major revision to planned maintenance activities or the adoption of any new technologies or techniques applicable to programmed maintenance.

(3) Maintenance must be carried out as approved.

Aids to navigation

17.—(1) Before commencement of the authorised scheme, an aids to navigation management plan must be approved in writing by the MMO following consultation with Trinity House and MCA specifying the—

(a)aids to navigation to be established from the commencement of the authorised scheme to the completion of decommissioning;

(b)monitoring and reporting of the availability of aids to navigation; and

(c)notifications and procedures for ensuring navigational safety following failures to aids to navigation.

(2) The licensed activities must be carried out in accordance with the plan approved under this Condition.

18.  The undertaker must keep Trinity House and the MMO informed of progress of the authorised scheme seaward of MHWS including—

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

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

(c)notice within 5 working days of completion of construction of the authorised scheme.

19.  The undertaker must notify Trinity House and the MMO of any failure of the aids to navigation, including timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the detection of any such failure.

20.  The undertaker must at or near the authorised scheme during the whole period of the construction, operation, alteration, replacement or decommissioning of the authorised scheme seaward of MHWS 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 following consultation with the MMO.

21.  The undertaker must submit reports quarterly to the MMO and Trinity House detailing the working condition of aids to navigation. Reports may be requested more frequently by the MMO or Trinity House and must be submitted by the undertaker as specified.

22.  In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS or any part of it, the undertaker must as soon as possible and no later than 24 hours following the identification of damage, destruction or decay, notify Trinity House and the MMO. The undertaker must also lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House following consultation with the MMO.

Colour of authorised scheme

23.—(1) The undertaker must colour all structures that are part of the authorised scheme seaward of MHWS yellow (colour code RAL 1023) from at least HAT to a height approved by the MMO following consultation with Trinity House.

(2) Details of the remainder of the structures must be submitted to and approved in writing by the MMO following consultation with Trinity House before commencement of the authorised scheme.

(3) The structures must be coloured in accordance with the approved details.

Amendments to plans, etc.

24.  Where any Condition requires licensed activities to be carried out in accordance with any programme, statement, plan, protocol, scheme, details or arrangements approved by the MMO, the approved programme, statement, plan, protocol, scheme, details or arrangements must be taken to include any amendments that may subsequently be approved in writing by the MMO (after consulting any person that the MMO is required to consult under the relevant Condition).

Articles 31 and 43

SCHEDULE 12Protective provisions

PART 1Protection of electricity, gas, water and sewerage undertakers

1.  The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the utility undertaker in question.

2.  In this Part—

“alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus”—

(a)

in the case of a utility undertaker within paragraph (a) of the definition of that term, means electric lines or electrical plant (as defined in the Electricity Act 1989(8)) belonging to or maintained by the utility undertaker;

(b)

in the case of a utility undertaker within paragraph (b) of the definition of that term, means any mains, pipes or other apparatus belonging to or maintained by the utility undertaker for the purposes of gas supply;

(c)

in the case of a utility undertaker within paragraph (c) of the definition of that term, means mains, pipes or other apparatus belonging to or maintained by the utility undertaker for the purposes of water supply; and

(d)

in the case of a utility undertaker within paragraph (d) of the definition of that term—

(i)

means—

(aa)

any drain or works vested in the utility undertaker under the Water Industry Act 1991; and

(bb)

any sewer that is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act(9) or an agreement to adopt made under section 104 of that Act; and

(ii)

includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works;

and in each case includes any structure in which apparatus is or is to be lodged or that gives or will give access to apparatus;

“functions” includes powers and duties;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or on land;

“utility undertaker” means—

(a)

any licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986(10);

(c)

a water undertaker(11); and

(d)

a sewerage undertaker,

for the area of the onshore works, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

3.  This Part does not apply to—

(a)apparatus in respect of which relations between the undertaker and the utility undertaker are regulated by Part 3 of the 1991 Act; and

(b)the offshore works.

4.  Despite any provision in this Order or anything shown on the land plan, the undertaker must not acquire any apparatus otherwise than by agreement.

5.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question.

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the utility undertaker in question written notice of that requirement, together with a plan and section of the work proposed and of the proposed position of the alternative apparatus to be provided or constructed; and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 44 (arbitration).

(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 44, and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part.

(6) Despite sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction, of the utility undertaker.

(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench), within 300 millimetres of the apparatus.

6.—(1) Where, in accordance with this Part, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted on such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 44 (arbitration).

(2) In settling those terms and conditions in respect of alternative apparatus to be constructed in or along the authorised project, the arbitrator must—

(a)give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised project and for securing any subsequent alterations or adaptations of the alternative apparatus that may be required to prevent interference with any proposed works of the undertaker; and

(b)so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the authorised project for which the alternative apparatus is to be substituted.

(3) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to the utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

7.—(1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under that sub-paragraph, the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be executed.

(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it; and the utility undertaker is entitled to watch and inspect the execution of the works.

(3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the day on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If a utility undertaker, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 6 apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

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

8.—(1) Subject to the provisions of this paragraph, the undertaker must repay to a utility undertaker the reasonable expenses incurred by the utility undertaker in, or in connection with,—

(a)the inspection, removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under this Part (including any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or exercise of statutory powers for such apparatus);

(b)the cutting off of any apparatus from any other apparatus, or the making safe of any redundant apparatus, in consequence of the exercise by the undertaker of any power under this Order;

(c)the survey of any land, apparatus or works, the inspection, superintendence and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the exercise by the undertaker of any power under this Order; and

(d)any other work or thing rendered reasonably necessary in consequence of the exercise by the undertaker of any such power,

within a reasonable time of being notified by the utility undertaker that it has incurred such expenses.

(2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under this Part, that value being calculated after removal.

(3) If in accordance with this Part—

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

(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 44 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

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

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

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

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

9.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works referred to in paragraph 5(2) any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided by the utility undertaker, the undertaker must—

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

(b)make reasonable compensation to the utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

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

(3) A utility undertaker must give the undertaker reasonable notice of any claim or demand and no settlement or compromise must be made without the consent of the undertaker which, if it withholds such consent, must have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

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

11.  In relation to any dispute arising under this Part, the reference in article 44 (arbitration) to the Secretary of State must be read as a reference to the Institution of Engineering and Technology.

PART 2Protection of Network Rail Infrastructure Limited

1.  The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and Network Rail and, where paragraph 15 applies, any other person on whom rights or obligations are conferred by that paragraph.

2.  In this Part—

“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

“engineer” means an engineer appointed by Network Rail for the purposes of this Order;

“network licence” means the network licence, as the same is amended from time to time, granted to Network Rail by the Secretary of State in exercise of powers under section 8 of the Railways Act 1993(12);

“Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited that holds property for railway purposes, and for the purpose of this definition “associated company” means any company that is (within the meaning of section 1159 of the Companies Act 2006(13)) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

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

“railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993(14)) or station lease;

“railway property” means any railway belonging to Network Rail and—

(a)

any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and

(b)

any easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment;

“specified work” means so much of any of the onshore works as is situated on, across, under, over or within 15 metres of, or may in any way affect, railway property.

3.—(1) Where under this Part Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures, and any obligations under its network licence or under statute.

(2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—

(a)co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

(b)use its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised project pursuant to this Order.

4.—(1) The undertaker must not exercise the powers conferred by article 19 (authority to survey and investigate land) or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3) The undertaker must not in exercise of the powers conferred by this Order use or acquire new rights over any railway property except with the consent of Network Rail.

(4) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

5.—(1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.

(2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if by the end of the period of 28 days beginning with the day on which such plans have been supplied to Network Rail the engineer has not intimated disapproval of those plans and the grounds of disapproval, the undertaker may serve on the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the day on which the engineer receives written notice from the undertaker. If by the expiry of the further period of 28 days the engineer has not intimated approval or disapproval, the engineer is deemed to have approved the plans as submitted.

(3) If by the expiry of 28 days beginning with the day on which written notice was served on the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work that in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph and under the supervision (where appropriate and if given) of the undertaker.

(4) When signifying approval of the plans, the engineer may specify any protective works (whether temporary or permanent) that in the engineer’s opinion should be carried out before commencement of construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation, decommissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker, in either case with all reasonable dispatch, and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.

6.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) must, when commenced, be constructed—

(a)with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

(b)under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer; and

(c)so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic on it and the use by passengers of railway property.

(2) If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of, the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss that it may sustain by reason of any such damage, interference or obstruction.

(3) Nothing in this Part imposes any liability on the undertaker with respect to—

(a)any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents; or

(b)any liability on Network Rail with respect to any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractor or agents.

7.  The undertaker must—

(a)at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

(b)supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.

8.  Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

9.—(1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction of a specified work or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe and efficient operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail, and if Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs that may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail itself desires to construct that part of the specified work that in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any approval of the specified work under paragraph 5(1), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss that it may suffer by means of the execution by Network Rail of that specified work.

(3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 10(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

(4) If the cost of maintaining working or renewing railway property is reduced in consequence of any such alterations or additions, a capitalised sum representing such savings must be set off against any sum payable by the undertaker to Network Rail under this paragraph.

10.  The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses incurred by Network Rail—

(a)in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 5(3) or in constructing any protective works under paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b)in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work;

(c)in respect of the employment or procurement of the services of any inspectors, signalmen, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

(d)in respect of any special traffic working resulting from any speed restrictions that may, in the opinion of the engineer, be required to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution or diversion of services that may be reasonably necessary for the same reason; and

(e)in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

11.—(1) In this paragraph—

“EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the onshore works where such interference is of a level that adversely affects the safe operation of Network Rail’s apparatus;

“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the onshore works) that are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

(2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) for the relevant part of the onshore works giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

(3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised project take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)—

(a)the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus that may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

(b)Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to paragraph (a); and

(c)Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to paragraph (a).

(5) In any case where it is established that EMI can reasonably be prevented only by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 5(1) has effect subject to this sub-paragraph.

(6) If, at any time before commencement of regular operation of the onshore works and notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing or commissioning of the authorised project causes EMI, the undertaker must immediately on receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

(7) In the event of EMI having occurred—

(a)the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI;

(b)Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI; and

(c)Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI.

(8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraph (5) or (6)—

(a)Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

(b)any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 6.

(9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

(10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under this paragraph is deemed to be protective works referred to in that sub-paragraph.

(11) In relation to any dispute arising under this paragraph, the reference in article 44 (arbitration) to the Secretary of State must be read as a reference to the Institution of Electrical Engineers.

12.  If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

13.  The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

14.  Any additional expenses that Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.

15.—(1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part that may be occasioned to or reasonably incurred by Network Rail—

(a)by reason of the construction or maintenance of a specified work or its failure; or

(b)by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged on a specified work;

and the undertaker must indemnify Network Rail and keep Network Rail indemnified from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision does not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under this Part.

(2) Network Rail must give the undertaker reasonable notice of any such claim or demand, and no settlement or compromise of such a claim or demand must be made without the prior consent of the undertaker.

(3) The sums payable by the undertaker under sub-paragraph (1) must include a sum equivalent to the relevant costs.

(4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums that Network Rail receives under sub-paragraph (1) that relates to the relevant costs of that train operator.

(5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs is, in the event of default, enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

(6) In this paragraph—

“relevant costs” means the costs, direct losses and expenses (including loss of revenue) incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work, or any such act or omission as mentioned in sub-paragraph (1);

“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.

16.  Network Rail must, on receipt of a request from the undertaker, from time to time provide to the undertaker free of charge written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part (including any claim relating to the relevant costs).

17.  In the assessment of any sums payable to Network Rail under this Part, there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part or increasing the sums so payable.

18.  The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

(a)any railway property shown on the works plans and land plan and described in the book of reference;

(b)any lands, works or other property held in connection with any such railway property; and

(c)any rights and obligations (whether or not statutory) of Network Rail relating to any railway property.

19.  Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

20.  The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent under article 42 (certification of plans and documents, etc.), and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

(a)the nature of the application to be made;

(b)the extent of the geographical area to which the application relates; and

(c)the name and address of the person acting for the Secretary of State to whom the application is to be made.

21.  The undertaker must, no later than 28 days from the date that the plans are certified by the Secretary of State in accordance with article 42 (certification of plans and documents, etc.), provide to Network Rail a set of plans that relate to the specified works in the form of a computer disc with read-only memory.

PART 3Protection of operators of electronic communications code networks

1.—(1) The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the operator.

(2) In this Part—

“2003 Act” means the Communications Act 2003;

“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are to be construed in accordance with paragraph 1(3A) of that code(15);

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act(16);

“electronic communications code network” means—

(a)

so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and

(b)

an electronic communications network that the Secretary of State is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

“operator” means the operator of an electronic communications code network.

2.  The temporary stopping up or diversion of any street under article 14 (temporary stopping up of streets) does not affect any right of the operator under paragraph 9 of the electronic communications code to maintain any apparatus that, at the time of the stopping up or diversion, is in that street.

3.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised project or its construction, or of any subsidence resulting from any of the project—

(a)any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the project), or other property of an operator; or

(b)there is any interruption in the supply of the service provided by an operator,

the undertaker must—

(c)bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply;

(d)make reasonable compensation to an operator for loss sustained by it; and

(e)indemnify an operator against claims, demands, proceedings, costs, damages and expenses that may be made or taken against, or recovered from, or incurred by, an operator by reason, or in consequence of, any such damage or interruption.

(2) Sub-paragraph (1) does not apply to—

(a)any apparatus in respect of which the relations between the undertaker and an operator are regulated by Part 3 of the 1991 Act; or

(b)any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised project.

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

(4) The operator must give the undertaker reasonable notice of any such claim or demand, and no settlement or compromise of the claim or demand may be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(5) Any difference arising between the undertaker and the operator under this Part is to be referred to and settled by arbitration under article 44 (arbitration).

PART 4Protection of offshore cables and pipelines

1.  The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the Company concerned.

2.—(1) In this Part—

“cables” means the whole or any part of the UK-Germany-6 cable, the TATA North Europe cable and UK-Denmark-4 cable;

“Company” means—

(a)

Cable and Wireless Worldwide plc and BT Subsea Cables Limited in relation to the UK-Germany-6 cable;

(b)

BT Group plc in relation to the UK-Denmark-4 cable;

(c)

Tata Communications (UK) Limited in relation to the TATA North Europe cable;

(d)

Shell UK Limited in relation to the Shearwater to Bacton (SEAL) pipeline; and

(e)

Gassco AS in relation to the Langeled Pipeline;

“construction” includes execution, placing and altering and cognate expressions must be construed accordingly;

“Langeled Pipeline” means the underwater pipeline transporting Norwegian natural gas to the United Kingdom across the North Sea;

“pipelines” means the whole or any part of the Langeled pipeline and the Shearwater to Bacton (SEAL) pipeline that are used for the conveyance of any hydrocarbon fuel and in respect of which a Company has an interest for the time being, together with any associated plant and equipment serving those pipelines;

“plans” includes sections, drawings, calculations, methods of construction, particulars and specifications;

“protected property” means the cables and pipelines—

(a)

any part of which is situated within the Order limits for the offshore works; and

(b)

in respect of which a Company has an interest for the time being;

“protective works” has the meaning given in paragraph 9;

“Shearwater to Bacton (SEAL) pipeline” means the gas pipeline connecting the Shell terminal in the UK to the Shearwater and Elgin-Franklin gas fields in the central North Sea;

“TATA North Europe cable” means the active telecommunications cable laid between North Yorkshire and the Netherlands across the North Sea;

“UK-Denmark-4 cable” means the out-of-service telecommunications cable laid between the United Kingdom and Denmark;

“UK-Germany-6 cable” means the out-of-service telecommunications cable laid between the United Kingdom and Germany;

“works” means Works No. 1A, 1B, 2A, 2B, 2BA, 2BC, 2T, 3A and 3B.

(2) In this Part, references to a Company—

(a)are references to any (or, as the case may be, each) Company that has an interest in the protected property concerned for the time being; and

(b)include references to its successors in title in respect of any protected property.

3.  Despite anything in this Order or shown on the works plans, the undertaker must not pursuant to the powers in this Order appropriate and remove any protected property otherwise than by agreement with the Company.

4.  Despite anything in this Order, except in the case of any part of the protected property that the Company certifies in writing is permanently disused, the undertaker must not exercise the powers in this Order to relocate any protected property until suitable alternative facilities have been provided by the undertaker and are available for use to the reasonable satisfaction of the Company.

5.  The undertaker must use its best endeavours—

(a)in exercising any of the powers in this Order to avoid or (failing avoidance) to minimise any damage or disruption to the protected property; and

(b)without limiting sub-paragraph (a), to ensure that the works do not at any time fall into such a condition as to compromise the integrity or operation of the protected property.

6.  Not less than 8 months before commencing construction of the works, the undertaker must furnish to the Company a programme for the works proposed and a general indication of the nature and location of those works and, if within 28 days from the receipt by a Company of that programme and general indication the Company gives notice in writing to the undertaker that any part of the offshore works indicated in the programme may in any way affect protected property, paragraphs 8 and 9 apply with respect to that part of those works.

7.  On giving any notice to the undertaker under paragraph 6, the Company must furnish existing drawings showing to the best of its knowledge the position and depth of the relevant part of the protected property.

8.  Not less than 4 months before commencing construction of any part of the offshore works that may significantly affect the protected property, the undertaker must furnish to the Company detailed plans and specifications of the relevant part of the offshore works and must have due regard to any representations made by a Company relating to such plans or to the programme for the works and make reasonable changes required to avoid risk of harm to the cables by the construction.

9.  At any time within a period of 1 month from the receipt by the Company of the plans referred to in paragraph 8, the Company may by notice in writing to the undertaker specify any reasonable temporary or permanent works or measures (the “protective works”) that in its reasonable opinion should be carried out or taken by the undertaker before commencement or during construction of the works in order to ensure the stability of the protected property (shown on the drawings furnished by the Company under paragraph 7) or to protect them from injury, and such protective works must be constructed by the undertaker at its own expense and under the inspection (if any) of the Company.

10.  Except in the case of protective works that the Company has informed the undertaker in writing may be carried out during the construction of the works, the undertaker must not commence the construction of any work within 50 metres of, or which may in any way affect, the protected property until the protective works relating to the work have been completed to the reasonable satisfaction of the Company.

11.  In the case of protective works of which the Company has informed the undertaker in writing as mentioned in paragraph 10, the undertaker must comply with all reasonable requirements of the Company arising from its inspection under paragraph 9 as promptly as practicable after the undertaker has been notified of such requirements.

12.  Except in an emergency (when it must give such notice as may be reasonably practicable), the undertaker must give the Company not less than 56 days’ notice of its intention to carry out any works for the repair or maintenance of the works in so far as such works may affect or interfere with the protected property.

13.  The undertaker must repay to the Company the reasonable expenses properly incurred by the Company in or in connection with the removal and relaying or replacing of any part of protected property, including the provision, laying down or placing of any alternative facilities.

14.  The undertaker must repay to the Company the reasonable expenses properly incurred by the Company in or in connection with the preparation of drawings or notice referred to in paragraph 6 or 7 and by the Company in the watching and inspecting of any protective works relating to protected property.

15.  The preceding provisions of this Part do not apply in relation to any protected property laid by or for the use of the Company after the coming into force of this Order.

16.  Nothing in this Part affects any enactment or any regulations made under any enactment or any agreement regulating the relations between the undertaker and the Company in respect of any protected property laid within the Order limits for the offshore works at the date on which this Order comes into force.

PART 5Protection of Environment Agency

1.—(1) The provisions of this Part have effect unless otherwise agreed in writing between the undertaker and the Agency.

(2) In this Part—

“Agency” means the Environment Agency;

“construction” includes execution, placing, altering, replacing, relaying and removal, and “construct” and “constructed” are to be construed accordingly;

“drainage work” means any watercourse and includes any land that provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring and any ancillary works constructed as a consequence of works carried out for drainage purposes;

“fishery” means any watercourse within the limits of deviation containing fish and fish in such waters and the spawn, habitat or food of such fish;

“plans” includes sections, drawings, specifications and method statements;

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to—

(a)

affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

(b)

affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;

(c)

cause obstruction to the free passage of fish or damage to any fishery; or

(d)

affect the conservation, distribution or use of water resources;

“watercourse” means all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer.

2.—(1) Before commencing construction of any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably require.

(2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 12.

(3) Any approval of the Agency required under this paragraph—

(a)must not be unreasonably withheld or delayed;

(b)is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval or receipt of further particulars if such particulars have been required by the Agency and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

(c)may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties.

(4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

3.  Without limiting paragraph 2 but subject always to the provision of that paragraph as to reasonableness, the requirements that the Agency may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a)to safeguard any drainage work against damage;

(b)to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased, by reason of the specified work.

4.—(1) Subject to sub-paragraph (2), the specified work, and all protective works required by the Agency under paragraph 3, must be constructed—

(a)without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under this Part; and

(b)to the reasonable satisfaction of the Agency, and an officer of the Agency is entitled to watch and inspect the construction of such works.

(2) The undertaker must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion no later than 7 days after the day on which it is completed.

(3) If the Agency reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of any specified work.

(4) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Part, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this Part or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

(5) Subject to sub-paragraph (6) and paragraph 8, if within a reasonable period, being not less than 28 days from the day on which a notice under sub-paragraph (4) is served, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the undertaker.

(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not except in emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

5.—(1) Subject to sub-paragraph (6), the undertaker must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work that is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any such drainage work that the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

(3) Subject to paragraph 8, if, within a reasonable period being not less than 28 days beginning with the day on which a notice in respect of any drainage work is served on the undertaker under sub-paragraph (2), the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

(4) If there is any failure by the undertaker to obtain consent or comply with conditions imposed by the Agency in accordance with the provisions of this Part, the Agency may serve written notice requiring the undertaker to cease all or part of the specified works, and the undertaker must cease the specified works or part of them until it has obtained the consent or complied with the condition unless the cessation of the specified works or part of them would cause greater damage than compliance with the written notice.

(5) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Agency must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

(6) This paragraph does not apply to drainage works that are vested in the Agency or that the Agency or another person is liable to maintain and is not prevented by this Order from so doing.

6.  Subject to paragraph 8, if by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency, and if the undertaker fails to do so, the Agency may make good the same and recover from the undertaker the expense reasonably incurred by it in so doing.

7.—(1) The undertaker must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in a fishery during the construction of any specified work.

(2) If by reason of—

(a)the construction of any specified work; or

(b)the failure of any such work,

damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.

(3) Subject to paragraph 8, if within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the undertaker fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and may recover from the undertaker the expense reasonably incurred by it in doing so.

(4) Subject to paragraph 8, in any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the undertaker the reasonable cost of so doing provided that notice specifying those steps is served on the undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.

8.—(1) Nothing in paragraphs 4(5), 5(3), 6 and 7(3) and (4) authorises the Agency to execute works on or affecting the authorised development without the prior consent in writing of the undertaker.

(2) Consent under sub-paragraph (1) must not be unreasonably withheld or delayed, and the undertaker is deemed to have given its consent if it has not refused consent within 2 months of receiving a written request by the Agency.

9.  The undertaker must indemnify the Agency in respect of all costs, charges and expenses that the Agency may reasonably incur or have to pay or that it may sustain—

(a)in the examination or approval of plans under this Part; and

(b)in the inspection of the construction of the specified works or any protective works required by the Agency under this Part; and

(c)the carrying out of any surveys or tests by the Agency that are reasonably required in connection with the construction of the specified works.

10.—(1) Without limiting the other provisions of this Part, the undertaker must indemnify the Agency from all claims, demands, proceedings, costs, damages, expenses or loss that may be made or taken against, recovered from, or incurred by, the Agency by reason of—

(a)any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(b)any damage to a fishery;

(c)any raising or lowering of the water table in land adjoining the authorised development or any sewers, drains and watercourses;

(d)any flooding or increased flooding of any such lands; or

(e)inadequate water quality in any watercourse or in any groundwater that is caused by the construction of any of the specified works or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

(2) The Agency must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker, which agreement must not be unreasonably withheld or delayed.

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

12.  Any dispute arising between the undertaker and the Agency under this Part, if the parties agree, is to be determined by arbitration under article 44 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by the undertaker or the Agency, after notice in writing to the other.

(1)

Section 14 was amended by article 2(2) of S.I. 2012/1645.

(3)

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

(5)

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

(6)

1973 c.26. Section 44 was amended by paragraph 13(b) of Schedule 24 to the Highways Act 1980, paragraph 14(d) of Schedule 7 to the Gas Act 1986 (c.44) and paragraph 23 of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c.60).

(7)

S.I. 2002/1355, amended by S.I. 2011/982.

(8)

See section 64. The definition of “electrical plant” was amended by paragraph 38(3) of Schedule 6 to the Utilities Act 2000.

(9)

Section 102(4) was amended by section 96 of the Water Act 2003. Section 104 was amended by section 96 of, and Part 3 of Schedule 9 to, the Water Act 2003 and by section 42(3) of the Flood and Water Management Act 2010 (c.29).

(10)

1986 c.44. “Gas transporter” is defined in section 7. A new section 7 was substituted by section 5 of the Gas Act 1995 (c.45) and was further amended by section 76 of the Utilities Act 2000.

(11)

“Water undertaker” is defined in Schedule 1 to the Interpretation Act 1978.

(12)

1993 c.43. Section 8 was amended by paragraph 4 of Schedule 17 and Part 4 of Schedule 31 to the Transport Act 2000 (c.38), paragraphs 3 and 5 of Schedule 2 to the Railways and Transport Safety Act 2003 (c.20) and paragraph 3 of Schedule 1 and Part 1 of Schedule 13 to the Railways Act 2005 (c.14).

(13)

2006 c.46.

(14)

“Access agreement” is defined in section 83.

(15)

Paragraph 1(3A) was added to the code (Schedule 2 to the Telecommunications Act 1984) by paragraph 4 of Schedule 3 to the Communications Act 2003.

(16)

“The electronic communications code” is defined in section 106(1).

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