The East Anglia ONE Offshore Wind Farm Order 2014

Article 2

SCHEDULE 1 Authorised project

PART 1 Authorised development

1.  A nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act which is located in the North Sea approximately 43.4 kilometres from the Suffolk coast, comprising—

Work No. 1 –

(a) an offshore wind turbine generating station with a gross electrical output capacity of up to 1,200 MW comprising up to 240 wind turbine generators each fixed to the seabed by one of three foundation types (namely, jacket foundation, gravity base foundation or suction caisson foundation), fitted with rotating blades and situated within the area shown on the works plan and including the further works comprising sub-paragraphs (b) to (d);

(b) up to three HVAC offshore collector stations fixed to the seabed within the area shown on the works plan by one of two foundation types (namely jacket foundation or gravity base foundation);

(c) up to 1 meteorological mast fixed to the seabed within the area shown on the works plan by one of four foundation types (namely jacket foundation, gravity base foundation, suction caisson foundation or monopile foundation);

(d) a network of subsea cables within the area shown on the works plan between the WTGs and the HVAC offshore collector stations, up to two interconnection cables between the HVAC offshore collector stations, up to ten export cables between the HVAC offshore collector stations and Work No. 2, and up to one interconnection cable between the HVDC offshore converter stations comprising Work No. 2 for the transmission of electricity and electronic communications between these different structures including one or more cable crossings;

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

Work No. 2 – up to two HVDC offshore converter stations fixed to the seabed within the area shown on the works plan by one of two foundation types (namely jacket foundation or gravity base foundation);

Work No. 3A – up to four HVDC export cables between Work No. 2 and Work No. 3B consisting of subsea cables along routes within the Order limits seaward of MHWS including one or more cable crossings;

In the county of Suffolk, district of Suffolk Coastal

Work No. 3B – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from mean low water at Bawdsey Cliffs to Work No. 4 together with new temporary horizontal directional drilling compounds and a new temporary secondary construction consolidation site;

Work No. 3C – a new temporary vehicular access track from the temporary compound to the adopted highway at Ferry Road including modifications to the junction of the new vehicular access track and the adopted highway at Ferry Road and a new temporary vehicular access ramp from the temporary compound to the beach at Bawdsey Cliffs;

Work No. 4 – up to twelve transition cable jointing bays, with associated cables, connecting Work No. 3B to Work No. 5 to the east of Ferry Lane, Bawdsey together with new temporary horizontal directional drilling compounds and a new temporary secondary construction consolidation site;

Work No. 5 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 4 running in a south westerly direction and passing through Ferry Road and continuing in a south westerly direction and passing through Queen’s Fleet drain and then running in a north westerly direction and then continuing in a westerly direction and then continuing in a north westerly direction and then continuing in a south westerly direction to Work No. 7A;

Work No. 6 – a new temporary access track running in a north easterly direction from Work No. 5 to Duke’s Lane and an upgraded access track running from Duke’s Lane to join the adopted highway at Dock Road and modifications to the junction of Duke’s Lane and the adopted highway at Dock Road;

Work No. 7A – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 5 running in a south westerly direction and passing under the River Deben to Work No. 9 together with new temporary horizontal directional drilling compounds;

Work No. 7B – a new temporary secondary construction consolidation site on the east bank of the River Deben;

Work No. 8 – a new temporary vehicular access track running in a south westerly direction from Work No. 7B to Sheepgate Lane and upgrading of Sheepgate Lane to the adopted highway at Lower Falkenham Road and modifications to the junction of Sheepgate Lane and the adopted highway at Lower Falkenham Road;

Work No. 9 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground running from Work No. 7A in a westerly direction and then running in a north westerly direction to Work No. 10A;

Work No. 10A – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground running in a north westerly direction from Work No. 9 to Work No. 11;

Work No. 10B – a new temporary secondary construction consolidation site and modifications to the adopted highway at Park Lane to provide vehicular access to the construction consolidation site;

Work No. 11 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 10 running in a northerly direction and passing through Park Lane and then continuing in a northerly direction to Work No. 14;

Work No. 12 – a new temporary vehicular access track running to the south of Low Wood and Cottage Wood from Work No. 11 and then running in a north westerly direction to Kirton Brook and then running in a westerly direction and then running in a south westerly direction to the adopted highway at Newbourn Road together with modifications to the junction of the new temporary vehicular access track and the adopted highway at Newbourn Road;

Work No. 13 – a new temporary vehicular access track running from Work No. 14 in an easterly direction to the north of the Thicket and then in a southerly direction and then westerly direction running along the edge of the Thicket and then in a southerly direction to Sluice Farm and an upgrade of the existing vehicular access track from Sluice Farm to the adopted highway at Park Lane together with modifications to the junction of the new temporary vehicular access track and the adopted highway at Park Lane;

Work No. 14 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 11 to Work No. 15 running in a northerly direction and passing under Kirton Creek together with new temporary horizontal directional drilling compounds;

Work No. 15 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground running from Work No. 14 in a northerly direction and continuing parallel with Mill Road and passing through The Street and then continuing in a northerly direction and passing through Ipswich Road and then continuing in a northerly direction and passing through Low Farm Campsite and then running in an easterly direction to Work No. 18 at Woodbridge Road;

Work No. 16 – a new temporary secondary construction consolidation site to the south east of Glebe Farm adjoining Work No. 15;

Work No. 17 – modifications to and upgrading of an existing vehicular access track, running in a westerly direction from Work No. 16 to the adopted highway on Woodbridge Road together with modifications to the junction of the upgraded vehicular access track and the adopted highway at Woodbridge Road;

Work No. 18 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground running from Work No. 15 and passing through Woodbridge Road and then continuing in a north easterly and then northerly and then north westerly direction and then running parallel with Waldringfield Road and then continuing in a westerly direction passing through Waldringfield Road and continuing to run parallel with Waldringfield Road and then running in a northerly direction passing through Waldringfield Road to Work No. 19;

Work No. 19 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 18 running in a northerly direction and passing under Martlesham Creek and then passing under the East Suffolk Railway to Work No. 21 together with new temporary horizontal directional drilling compounds;

Work No. 20 – modifications to and upgrading of an existing vehicular access track, running from Work No. 19 in a southerly direction and then in a westerly direction and then in a northerly direction to the adopted highway on Church Lane together with modifications to the junction of the upgraded vehicular access track and the adopted highway at Church Lane;

Work No. 21 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 19 running in a westerly direction and passing under Sandy Lane and continuing in a westerly direction to Work No. 23A at Top Street;

Work No. 21A – a new temporary vehicular access track from Sandy Lane to Work No. 21 together with modifications to the junction of the new temporary vehicular access track and Sandy Lane;

Work No. 22A – modifications to and upgrading of an existing vehicular access track, running in a westerly direction from Work No. 19 to the adopted highway at Sandy Lane;

Work No. 22B – modifications to and upgrading of an existing vehicular access track, running in a southerly direction from Sandy Lane to Work No. 21 and Work No. 22A;

Work No. 23A – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 21 to Work No. 24;

Work No. 23B – a new temporary primary construction consolidation site;

Work No. 23C – modification and upgrading of an existing vehicular access track to provide vehicular access from and to the adopted highway at Top Street/Ipswich Road together with modifications to the junction of the upgraded vehicular access track and the adopted highway at Top Street/Ipswich Road;

Work No. 24 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 23A running in a north westerly direction and passing under the A12 highway to Work No. 25A; together with new temporary horizontal directional drilling compounds;

Work No. 24A – modifications to and upgrading of an existing vehicular access track known as Brock Lane running in an easterly direction to the adopted highway at Top Street together with modifications to the junction of the upgraded vehicular access track and the adopted highway at Top Street and upgrading of the existing vehicular access through the existing tunnel passing under the A12;

Work No. 25A – connection works consisting of up to four cables and up to eight additional cable ducts laid underground running in a northerly direction from Work No. 24A and then in a north westerly direction passing through the existing access track leading to Cherry Tree Farm and continuing in a westerly direction passing through the access track from Lodge Road leading to Meadow Cottage and continuing in a westerly direction passing through the River Lark to Work No. 26;

Work No. 25B – modifications and upgrading of an existing vehicular access track from Work No. 25A leading to the adopted highway at Seckford Hall Road to the south of Birds Hill together with modifications to the junction of the upgraded vehicular access track and the adopted highway at Seckford Hall Road;

Work No. 25C – a new temporary vehicular access track from Work No. 25A leading to the adopted highway at Lodge Road together with modifications to the junction of the new temporary vehicular access track and the adopted highway at Lodge Road;

Work No. 26 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 25A to Work No. 27 running in a north westerly direction and passing under Lodge Road together with new temporary horizontal directional drilling compounds;

Work No. 27 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground running in a north westerly direction from Work No. 26 and then continuing in a south westerly direction and passing through Holly Lane and continuing in a westerly direction and passing through Church Road to Work No. 28A;

Work No. 28A – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground running in a north westerly direction to Work No. 29 at Butts Road;

Work No. 28B – a new temporary secondary construction consolidation site and a new vehicular access from the construction consolidation site to the adopted highway together with modifications to the junction of the new vehicular access track and the adopted highway;

Work No. 29 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground running in a westerly direction from Work No. 28A passing through Butts Road and then running parallel with Grundisburgh Road and then continuing in a south westerly direction and then continuing in a westerly direction and then continuing in a north westerly direction passing through Grundisburgh Road and then continuing in a north westerly and then westerly direction passing through Clopton Road and then continuing in a south westerly direction and passing through the River Fynn and then continuing in a westerly direction and then continuing in a south westerly direction and then continuing in a westerly direction to Work No. 30A;

Work No. 30A – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 29 and then passing through Witnesham Road then running in a north westerly direction to Work No. 31;

Work No. 30B – a new temporary secondary construction consolidation site and a new temporary vehicular access to the adopted highway at Witnesham Road together with modifications to the junction of the new temporary vehicular access and the adopted highway at Witnesham Road;

Work No. 31 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 30A passing through Cockfield Hall Lane running in a westerly direction and then continuing in a northerly direction and then continuing in a south westerly direction to Work No. 32;

In the county of Suffolk, district of Mid Suffolk

Work No. 32 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 31 running in a westerly direction and passing through Henley Road and continuing in a westerly direction passing through an unnamed track north east of Akenham and then continuing in a westerly direction and then continuing in a south westerly direction to Work No. 33A;

Work No. 33A – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 32 running in a south westerly direction and passing under the Old Ipswich Road and then passing under the A14 highway to Work No. 34A together with new temporary horizontal directional drilling compounds;

Work No. 33B – a new temporary vehicular access track from Work No. 33A and Work No. 34B to the adopted highway at Paper Mill Lane together with modifications to the junction of the new temporary vehicular access track and the adopted highway at Paper Mill Lane;

Work No. 33C – modifications to the adopted highway at Old Ipswich Road to provide a vehicular access from the adopted highway at Old Ipswich Road to Work No. 33A;

Work No. 34A – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground running in a westerly direction from Work No. 33A and continuing in a westerly direction and passing through Paper Mill Lane to Work No. 35A;

Work No. 34B – a new temporary primary construction consolidation site;

Work No. 35A – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 34A running in a westerly direction and passing under the River Gipping and then continuing in a westerly direction and passing under the Great Eastern Mainline Railway and then continuing in a westerly direction and passing under Bramford Road and then continuing in a westerly direction to Work No. 36 together with new temporary horizontal directional drilling compounds;

Work No. 35B – a new temporary access track and modification of the existing highway to provide access from Work No. 35A to the adopted highway at Paper Mill Lane;

Work No. 35C – a new temporary access track and modification of the existing highway to provide access from Work No. 35A to the adopted highway at Bramford Road;

Work No. 35D – upgrading of an existing access track and modification of the existing highway to provide access from Work No. 35A and Work No. 36 to the adopted highway at Bramford Road;

Work No. 36 – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 35A running in a south westerly direction and passing through Pound Lane and then continuing in a south westerly direction passing through an unnamed track and then continuing in a south westerly direction passing through Somersham Road and then continuing in a south westerly direction passing through Tye Lane and then continuing in a south westerly direction to Work No. 37A;

Work No. 37A – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 36 running in a south westerly direction and passing under Miller’s Wood to Work No. 37D together with new temporary horizontal directional drilling compounds;

Work No. 37B – new temporary vehicular access tracks providing access between the eastern and western areas within Work No. 37A together with upgrading of the unnamed vehicular access track passing through Miller’s Wood;

Work No. 37C – a new temporary vehicular access track from Work No. 37A and Work No. 37E passing through the temporary compound leading to the adopted highway at Bullen Lane together with modifications to the junction of the new temporary vehicular access track and the adopted highway at Bullen Lane;

Work No. 37D – onshore connection works consisting of up to four cables and up to eight additional cable ducts laid underground from Work No. 37A running in a south westerly direction passing through an unnamed vehicular access track to Bullenhall Farm and continuing in a westerly direction to Work No. 39;

Work No. 37E – a new temporary secondary construction consolidation site and a new temporary access from Work No. 37D to the adopted highway at Bullen Lane;

Work No. 38 – a new temporary works area associated with Work No. 39;

Work No. 39 – an onshore converter station to the north west of the existing National Grid Bramford substation;

Work No. 39A – a new temporary vehicular access track to the un-adopted highway at Bullen Lane together with modifications to the junction of the new temporary vehicular access track and the un-adopted highway at Bullen Lane;

Work No. 40 – landscaping works comprising of landscape planting in the vicinity of the onshore converter station referred to at Work No. 39 and a sustainable drainage system; and

Work No. 41 – onshore connection works consisting of up to two cables laid underground from Work No. 39 running in a south easterly direction through bridleway 144 (3126) and continuing towards a connection point at the existing National Grid Bramford substation;

and in connection with Works No. 1 to 3A and to the extent that they do not otherwise form part of any such work, further associated development comprising 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 work assessed by the environmental statement and the deemed marine licences;

and in connection with such Works No. 3B to 41 and to the extent that they do not otherwise form part of any such work, 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) jointing bays, manholes, kiosks, marker posts and other works associated with cable laying;

(d) water supply works, foul drainage provision, surface water management systems and culverting;

(e) works of restoration;

(f) fencing or other means of enclosure; and

(g) such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project;

which fall within the scope of the works assessed by the environmental statement.

2.  The grid coordinates for that part of the authorised project which is seaward of MHWS are specified below and more particularly shown on the Order limits boundary coordinates plan—

Coordinates for the Order limits seaward of MHWS

Point	Latitude (DMS)	Longitude (DMS)
1	52° 0′ 0.777″	1° 25′ 27.320″
2	52° 0′ 41.137″	1° 27′ 15.227″
3	52° 3′ 53.611″	1° 35′ 40.499″
4	52° 5′ 44.773″	1° 40′ 57.350″
5	52° 8′ 21.995″	1° 48′ 34.767″
6	52° 9′ 37.650″	1° 53′ 5.293″
7	52° 9′ 40.842″	1° 57′ 7.198″
8	52° 11′ 6.526″	2° 2′ 15.690″
9	52° 12′ 27.654″	2° 10′ 3.953″
10	52° 12′ 22.845″	2° 11′ 9.965″
11	52° 13′ 33.795″	2° 15′ 22.225″
12	52° 13′ 57.058″	2° 23′ 6.622″
13	52° 9′ 17.925″	2° 25′ 36.436″
14	52° 11′ 7.988″	2° 11′ 30.888″
15	52° 10′ 13.221″	2° 5′ 28.775″
16	52° 8′ 12.739″	1° 57′ 41.369″
17	52° 8′ 37.192″	1° 57′ 49.886″
18	52° 8′ 1.912″	1° 54′ 31.662″
19	52° 0′ 0.777″	1° 25′ 27.320″
20	52° 0′ 41.137″	1° 27′ 15.227″
21	52° 3′ 53.611″	1° 35′ 40.499″
22	52° 5′ 44.773″	1° 40′ 57.350″
23	52° 8′ 21.995″	1° 48′ 34.767″
24	52° 9′ 37.650″	1° 53′ 5.293″
25	52° 9′ 40.842″	1° 57′ 7.198″
26	52° 11′ 6.526″	2° 2′ 15.690″
27	52° 12′ 27.654″	2° 10′ 3.953″
A	52° 17′ 50.395″	2° 21′ 1.372″
B	52° 19′ 10.175″	2° 27′ 36.407″
C	52° 23′ 22.654″	2° 31′ 40.044″
D	52° 21′ 53.636″	2° 34′ 13.872″
E	52° 18′ 15.833″	2° 34′ 13.645″
F	52° 7′ 14.982″	2° 32′ 58.021″
G	52° 4′ 46.512″	2° 31′ 2.669″
H	52° 4′ 45.732″	2° 28′ 1.913″

3.  The grid coordinates for that part of the authorised project which is landward of MLW are specified below and more particularly shown on the Order limits boundary coordinates plan—

Coordinates for the Order limits landward of MLW

Point	Easting	Northing
1	617171	249404
2	618190	248721
3	618960	249173
4	620210	248413
5	625998	247781
6	629270	239493
7	630483	239547
8	631351	240084
9	633561	238981
10	634660	239242
11	634728	239318
12	635017	239232
13	635146	239181
14	635221	239151
15	635144	239066
16	635024	238959
17	634642	239170
18	633558	238900
19	631362	240010
20	630482	239481
21	629227	239432
22	626017	247711
23	620207	248338
24	618966	249122
25	618205	248646
26	617180	249325
27	612053	248923
28	610583	246204
29	610057	246124
30	609739	245985
31	609918	245942
32	609884	245833
33	609642	245891
34	609353	245766
35	609318	246028
36	609487	246133
37	609420	246159
38	609446	246180
39	609475	246203
40	609485	246210
41	609497	246218
42	609578	246292
43	609616	246313
44	609627	246317
45	609669	246338
46	609899	246396
47	609920	246409
48	609922	246357
49	610290	246374
50	610417	246545
51	611926	248920

PART 2 Ancillary works

1.  Works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

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

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

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

PART 3 Requirements

Interpretation

1.  In this Part of this Schedule—

“AOD” means above ordnance datum;

“highway authority” means the local highway authority for the relevant area;

“onshore cable corridor” means the onshore area in which the cables will be located within the Order limits;

“stage” means one of the nine stages of the connection works comprised in—

(a)

Works No. 3B and 3C (using the construction consolidation site at Work No. 4);

(b)

Works No. 5 to 7A (using the construction consolidation site at Work No. 7B);

(c)

Works No. 8 to 10A (using the construction consolidation site at Work No. 10B);

(d)

Works No. 11 to 15(using the construction consolidation site at Work No. 16);

(e)

Works No. 17 to 23A (using the construction consolidation site at Work No. 23B);

(f)

Works No. 23C to 28A (using the construction consolidation site at Work No. 28B);

(g)

Works No. 29 to 30A (using the construction consolidation site at Work No. 30B);

(h)

Works No. 31 to 34A (using the construction consolidation site at Work No. 34B);

(i)

Works No. 35A to 37D (using the construction consolidation site at Work No. 37E);

(j)

Works No. 38 to 41;

or such other stage of the connection works agreed in writing with the relevant local planning authority;

“working width” means the construction width of the onshore cable corridor including haul route, spoil storage and temporary drainage during installation of cables and/or cable ducts.

Time limits

2.  The authorised development must commence no later than the expiration of five years beginning with the date this Order comes into force.

Detailed offshore design parameters

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

(a) exceed a height of 200 metres when measured from LAT to the tip of the vertical blade;

(b) exceed a height of 120 metres to the height of the centreline of the generator shaft forming part of the hub when measured from LAT;

(c) exceed a rotor diameter of 170 metres;

(d) be less than 675 metres from the nearest WTG in either direction perpendicular to the approximate prevailing wind direction (crosswind) or be less than 900 metres from the nearest WTG in either direction which is in line with the approximate prevailing wind direction (downwind);

(e) have a distance of less than 22 metres between the lowest point of the rotating blade of the wind turbine and MHWS;

(f) except with the consent of the Secretary of State, have a gross electrical output capacity of less than 5 MW.

(2) References to the location of a wind turbine generator are references to the centre point of that turbine.

4.  No meteorological mast, wind turbine generator or offshore substation forming part of the authorised project shall be erected within the areas hatched black on the works plan, whose coordinates are specified below and more particularly shown on the Order limits boundary coordinates plan—

Coordinates for restricted build area

Point	Latitude (DMS)	Longitude (DMS)
i	52° 17′ 29.501″	2° 21′ 18.183″
ii	52° 19′ 32.953″	2° 29′ 16.557″
iii	52° 19′ 47.657″	2° 34′ 8.460″
iv	52° 20′ 36.356″	2° 34′ 8.509″
v	52° 20′ 18.296″	2° 28′ 48.188″
vi	52° 23′ 17.520″	2° 31′ 41.224″
vii	52° 21′ 52.244″	2° 34′ 8.586″
viii	52° 18′ 15.948″	2° 34′ 8.368″
ix	52° 7′ 15.824″	2° 32′ 52.848″
x	52° 4′ 49.734″	2° 30′ 59.349″
xi	52° 4′ 48.985″	2° 28′ 5.706″

5.—(1) The total number of offshore substations forming part of the authorised development must not exceed five.

(2) The dimensions of any HVAC offshore collector stations forming part of the authorised development (excluding towers, helipads, masts and cranes) must not exceed 60 metres in height when measured from LAT, 30 metres in length and 40 metres in width.

(3) The dimensions of any HVDC offshore converter stations forming part of the authorised development (excluding towers, helipads, masts and cranes) must not exceed 60 metres in height when measured from LAT, 75 metres in length and 120 metres in width.

6.—(1) The total length of the cables comprising Work No. 3A must not exceed 400 kilometres.

(2) The total length of the cables comprising Work No. 1(d) must not exceed 680 kilometres.

(3) The total amount of cable protection for the cables comprising Work No. 3A must not exceed 24,000 metres³.

(4) The total amount of cable protection for the cables comprising Work No. 1(d) must not exceed 3,000 metres³.

7.—(1) In relation to a WTG, each gravity base foundation must not have—

(a) a diameter at the level of the seabed which is more than 50 metres;

(b) a base height, where there is a flat base and a cylindrical shaft, which is more than 10 metres above the level of the seabed;

(c) a column diameter, where there is a flat or conical base, of more than 7.5 metres at LAT.

(2) In relation to a WTG, each suction caisson foundation must not have—

(a) a diameter at the level of the seabed which is more than 25 metres;

(b) a base height where there is a flat base, which is more than 5 metres above the level of the seabed;

(c) a column diameter which is more than 7.5 metres at LAT.

(3) In relation to a WTG, each jacket foundation must not have—

(a) a width spacing between its legs at the level of the seabed which is more than 35 metres;

(b) a pile diameter which is more than 2.5 metres in the case of pin piles or a suction bucket diameter of more than 5 metres;

(c) more than one pile per leg or more than one suction bucket per leg;

(d) more than four legs.

(4) In relation to a meteorological mast, each monopile foundation must not have a diameter greater than 6.5 metres.

(5) The total number of WTGs with gravity base foundations must not exceed 240.

(6) The total amount of scour protection for the WTGs, HVDC offshore converter stations and HVAC offshore collector stations forming part of the authorised development must not exceed 3.529 kilometres².

Aviation safety

8.—(1) The undertakers must exhibit such lights, with such shape, colour and character as are required in writing by Air Navigation Order 2009(1) and determined necessary for aviation safety in consultation with the Defence Infrastructure Organisation Safeguarding and as directed by the CAA.

(2) The undertakers must notify the Defence Infrastructure Organisation, at least 14 days prior to the commencement of the authorised development, in writing of the following information—

(a) the date of the commencement of construction of the authorised development;

(b) the date any wind turbine generators are brought into use;

(c) the maximum height of any construction equipment to be used;

(d) the maximum heights of any wind turbine generator, mast and platform to be constructed;

(e) the latitude and longitude of each wind turbine generator, mast and platform to be constructed,

and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the authorised development.

Offshore decommissioning

9.  No authorised development shall commence until a written decommissioning programme in compliance with any notice served upon the undertakers by the Secretary of State pursuant to section 105(2) of the 2004 Act has been submitted to the Secretary of State for approval.

Detailed design approval onshore

10.—(1) No part of Work No. 39 shall commence until details of the layout, scale and external appearance of the same, have been submitted to and approved in writing by the relevant planning authority. Work No. 39 must be carried out in accordance with the approved details.

(2) Any details provided by the undertakers pursuant to sub-paragraph (1) must accord with the outline converter station design principles statement and be within the Order limits.

(3) No building comprised in Work No. 39 shall exceed 79 metres AOD and no external electrical equipment comprised in Work No. 39 shall exceed 64 metres AOD.

(4) The total footprint of the buildings housing the converters comprised in Work No. 39 must not exceed 130 metres in length and 85 metres in width.

(5) The fenced compound (excluding its accesses) comprised in Work No. 39 must not exceed 190 metres by 150 metres.

(6) The working width of the onshore cable corridor must not exceed 55 metres, save in respect of the following—

(a) works for which horizontal directional drilling is proposed for the purpose of passing under the relevant obstruction named in the relevant Work No., as follows—

(i) Work No. 3B for which the working width of the onshore cable corridor must not exceed 160 metres;

(ii) Work No. 7A for which the working width of the onshore cable corridor must not exceed 160 metres;

(iii) Work No. 14 for which the working width of the onshore cable corridor must not exceed 110 metres;

(iv) Work No. 19 for which the working width of the onshore cable corridor must not exceed 160 metres;

(v) Work No. 24 for which the working width of the onshore cable corridor must not exceed 120 metres;

(vi) Work No. 26 for which the working width of the onshore cable corridor must not exceed 120 metres;

(vii) Work No. 33A for which the working width of the onshore cable corridor must not exceed 160 metres;

(viii) Work No. 35A for which the working width of the onshore cable corridor must not exceed 130 metres;

(ix) Work No. 37A for which the working width of the onshore cable corridor must not exceed 130 metres;

(b) plot 340 in the book of reference within Work No. 31 must not exceed 97 metres.

(7) Works No. 3B, 7A, 14, 19, 24, 26, 33A, 35A, and 37A must comprise horizontal directional drilling for the purpose of passing under the relevant obstruction named in the relevant Work No.

(8) In the event of the use of open trenching for construction of the connection works at Work No. 26, that open trenching must be carried out in accordance with figure 6.1 of the further environmental information.

(9) The footprint of the construction consolidation sites must not exceed the following—

(a) 15,000 metres² in the case of primary construction consolidation sites; or

(b) 10,000 metres² in the case of secondary construction consolidation sites.

(10) In relation to the kiosks to be located within the onshore cable corridor—

(a) no stage of the connection works shall commence until details of the number, location, scale and appearance of the kiosks have been submitted to and approved in writing by the relevant planning authority;

(b) the footprint of each kiosk must not exceed 1 metre in width, 0.75 metres in length and 1 metres in height; and

(c) the kiosks must be constructed in accordance with the approved details.

Landfall method statement

11.—(1) No part of Work No. 3B, Work No. 3C or Work No. 4 shall commence until a method statement for the construction of Works No. 3B, 3C and 4 has been submitted to and approved in writing by the relevant planning authority in consultation with Natural England.

(2) The method statement referred to in sub-paragraph (1) must include measures to minimise the impact of the works on cliff stability and coastal erosion.

(3) The method statement must be implemented as approved.

Provision of landscaping

12.—(1) No stage of the connection works shall commence until for that stage a written landscaping management scheme and associated work programme (which accords with the outline landscape and ecological management strategy) has been submitted to and approved in writing by the relevant planning authority in consultation with Natural England.

(2) The landscaping management scheme must include details of all proposed hard and soft landscaping works, including—

(a) location, number, species, size and planting 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) hard surfacing materials;

(e) vehicular and pedestrian access, parking and circulation areas;

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

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

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

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

(j) implementation timetables for all landscaping works;

(k) proposed finished heights, form and gradient of earthworks in relation to Work No. 39 and Work No. 40; and

(l) in relation to Work No. 39 and Work No. 40 only, maintenance of the landscaping, including irrigation arrangements.

(3) The landscaping management scheme must be implemented as approved.

Implementation and maintenance of landscaping

13.—(1) All landscaping works must be carried out in accordance with the landscaping management schemes approved under Requirement 12, and in accordance with the relevant recommendations of appropriate British Standards.

(2) Any tree or shrub planted as part of an approved landscaping management scheme that, within a period of five years (save in relation to Work No. 38 and Work No. 40, which shall be ten 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.

Highway accesses and improvements

14.—(1) No stage of the connection works shall commence until for that stage written details (which accord with the outline access management plan) 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 by the relevant planning authority.

(2) The highway accesses for that stage must be constructed or altered and the works described in sub-paragraph (1) in relation to access management measures must be carried out, as the case may be, in accordance with the approved details before they are brought into use for the purposes of the authorised development.

(3) No stage of the connection works shall commence until for that stage, a scheme of highway improvements within the highway boundary (in accordance with table 1 of the outline traffic management plan) has been submitted to, and approved by the local planning authority in consultation with the relevant highway authority. The scheme must describe whether the proposed improvements are to be temporary or permanent.

(4) The highway improvements must be constructed in accordance with the approved details before they are brought in to use for the purposes of the authorised development.

Fencing and other means of enclosure

15.—(1) No stage of the connection works shall be commenced until for that stage written details of all proposed permanent and temporary fences, walls or other means of enclosure of the connection works have been submitted to and approved by the relevant planning authority.

(2) All construction consolidation sites must remain securely fenced in accordance with the approved details at all times during construction of the relevant stage of the connection works.

(3) Any temporary fencing must be removed on completion of the relevant stage of the connection works.

(4) Any approved permanent fencing in relation to Work No. 39 must be completed before the relevant work is brought into use and maintained for the operational lifetime of Work No. 39.

Surface and foul water drainage

16.—(1) No stage of the connection works shall be commenced until for that stage written details of the surface and (if any) foul water drainage system (including means of pollution control) have, after consultation with the relevant drainage authorities, Suffolk County Council and the Environment Agency, been submitted to and approved by the relevant planning authority.

(2) The details agreed in sub-paragraph (1) must include a surface water drainage scheme for Work No. 39, which is based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development.

(3) The surface and foul water drainage system for the relevant stage must be constructed in accordance with the approved details unless agreed otherwise in writing by the relevant planning authority.

Contaminated land and ground water

17.—(1) No connection works comprised in stage (vii) shall commence until a written scheme applicable to that stage, to mitigate the potential for release of contaminants within the Order limits has, after consultation with the Environment Agency, been submitted to and approved by the relevant planning authority.

(2) The scheme must include an investigation and assessment report, prepared by a specialist consultant approved by the relevant planning authority, to identify the extent of any contamination within the Order limits comprised in stage (vii) and mitigation measures to be undertaken to limit impacts arising from the potential release of contaminants.

(3) The written scheme referred to in sub-paragraph (1) must be implemented as approved.

Archaeology

18.—(1) No stage of the connection works shall be commenced until for that stage a written scheme of archaeological investigation (which accords with the outline written scheme of investigation: archaeology and cultural heritage (onshore)) has, after consultation with English Heritage and Suffolk County Council, been submitted to and approved in writing by the relevant planning authority.

(2) The scheme must include details of the following—

(a) an assessment of significance and research questions; and

(b) the programme and methodology of site investigation and recording;

(c) the programme for post investigation assessment;

(d) provision to be made for analysis of the site investigation and recording;

(e) provision to be made for publication and dissemination of the analysis and records of the site investigation;

(f) provision to be made for archive deposition of the analysis and records of the site investigation; and

(g) nomination of a competent person or persons/organisation to undertake the works set out within the written scheme of investigation.

(3) Any archaeological works or watching brief must be carried out in accordance with the approved scheme.

(4) The site investigation and post investigation assessment must be completed for that stage in accordance with the programme set out in the written scheme of archaeological investigation and provision made for analysis, publication and dissemination of results and archive deposition secured for that stage.

Ecological management plan

19.—(1) No stage of the connection works shall be commenced until for that stage a written ecological management plan (which accords with the outline landscape and ecological management strategy) reflecting the survey results and ecological mitigation and enhancement measures included in the environmental statement has been submitted to and approved in writing by the relevant planning authority in consultation with Natural England.

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

Code of construction practice

20.—(1) No stage of the connection works shall be commenced until for that stage a code of construction practice has been submitted to and approved in writing by the relevant local planning authority, in consultation with the relevant highway authority. The code of construction practice must cover all the matters set out in the outline code of construction practice.

(2) The code of construction practice must include—

(a) a surface water and drainage management plan;

(b) watercourse crossing method statements;

(c) a flood plan;

(d) a written scheme for noise and vibration management during construction;

(e) an air quality monitoring plan;

(f) artificial light emissions plan;

(g) a site waste management plan;

(h) a pollution prevention and emergency incident response plan; and

(i) a project community and public relations procedure.

(3) The code of construction practice approved in relation to the relevant stage of the connection works must be followed in relation to that stage of the connection works.

External lighting and control of artificial light emissions

21.—(1) No stage of the connection works shall commence until written details of any external lighting to be installed in connection with that stage, including measures to prevent light spillage, have, after consultation with the highway authority, been submitted to and approved by the relevant planning authority; and any approved means of lighting shall be installed in accordance with the approved details and retained for the duration of the construction period.

(2) Any means of construction lighting approved under sub-paragraph (1) must be removed on completion of the relevant stage of the connection works.

(3) Work No. 39 shall not be commenced until a written scheme for the management and mitigation of artificial light emissions during the operation of Work No. 39, including measures to minimise lighting pollution and the hours of lighting, has been submitted to and approved in writing by the relevant planning authority.

(4) The approved scheme for the management and mitigation of artificial light emissions must be implemented before and maintained during the operation of Work No. 39.

Control of noise during construction

22.—(1) No stage of the connection works shall commence until a written scheme for noise and vibration management (which must accord with the outline code of construction practice) during construction of that stage has been submitted to and approved by the relevant planning authority. The scheme for noise and vibration management must form part of the code of construction practice.

(2) The scheme must set out the particulars of—

(a) the construction works, and the method by which they are to be carried out;

(b) the noise attenuation measures to be taken to minimise noise resulting from the construction works, including any noise limits; and

(c) a scheme for monitoring the noise during the construction works to ensure compliance with the noise limits and effectiveness of the attenuation measures.

(3) The approved noise and vibration management scheme must be implemented before and maintained during construction of the relevant stage of the connection works.

(4) The construction works must be undertaken in accordance with the approved noise and vibration management scheme.

Construction hours

23.—(1) Construction work for the connection works and any construction-related traffic movements to or from the site of the connection works shall not take place other than between 0700 hours and 1900 hours Monday to Saturday, with no activity on Sundays or bank holidays, save—

(a) where continuous periods of operation are required as assessed in the environmental statement, such as concrete pouring and directional drilling (subject to sub-paragraphs (3) and (4));

(b) for internal fitting out works associated with the onshore converter station comprised within Work No. 39;

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

(d) where connection works are being carried out on the foreshore.

(2) All construction operations which 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 agreed times.

(3) Construction of Work No. 21 shall not take place other than between 0700 hours and 1900 hours Monday to Saturday, with no activity on Sunday or bank holidays.

(4) Construction of Work No. 26 shall not take place other than between 0700 hours and 1900 hours Monday to Friday and 0700 hours and 1400 hours on Saturday, with no activity on Sunday or bank holidays.

Control of noise during operational phase

24.—(1) No part of Work No. 39 will commence until written details that provide for the insulation of the onshore converter station against the transmission of noise and vibration have been submitted to and approved in writing by the relevant planning authority. Work No. 39 must thereafter be implemented in accordance with the approved details. The rating level of operational noise immissions (including any relevant penalties for tonal or impulsive noise in accordance with section 8 of BS4142:1997) from Work No. 39 (including transformers, air handling units and cooling fans) shall not exceed 35 dB L_{Aeq, 5 min} at Bullenhall Farm (610287, 246601) Hill Farm (609088, 245652) and Woodlands Farm (609597, 246806).

(2) Within three months of the completion of commissioning of Work 39, the undertakers shall submit measurements to the relevant planning authority taken in the vicinity of the relevant property or properties specified at sub-paragraph (1) to confirm the rating level of operational noise immissions do not exceed 35 dB L_{Aeq, 5 min}, including details of any remedial works and a programme of implementation should the immissions exceed the stated levels.

(3) Measurements shall be undertaken in accordance with the equipment specifications, measurement procedures and monitoring equipment positioning guidelines outlined in sections 4, 5 and 6 of BS 4142:1997.

(4) For the purposes of this requirement, “completion of commissioning” means the date when the circuits have been fully tested and verified that they are able to transmit their rated power capacity to the grid connection point and National Grid has issued an FON (final operation notification) to the generator.

Traffic

25.—(1) No stage of the connection works shall be commenced until for that stage, after consultation with the relevant highway authority, the following have been submitted to and approved by the relevant local planning authority in consultation with the relevant highway authority—

(a) a traffic management plan which must be in accordance with the outline traffic management plan;

(b) a travel plan which must be in accordance with the outline travel plan; and

(c) an access management plan which must be in accordance with the outline access management plan.

(2) The plans approved under sub-paragraph (1) must be implemented upon commencement of the relevant stage of the connection works.

Port travel plan

26.—(1) No stage of the connection works shall be commenced until a travel plan for the onshore port-related traffic to and from the selected base port or ports and relating to the authorised project, has been submitted to and approved in writing by the relevant planning authority in consultation with the relevant highway authority. The travel plan must be implemented as approved at all times specified within the travel plan during the construction and/or operation of the authorised development.

(2) For the purposes of this Requirement—

“base port” means the port used by management personnel for construction of the authorised development and for the ongoing operational management of the authorised development;

“relevant planning authority” and “relevant highway authority” mean the planning or highway authority or authorities in whose area the relevant port is located; and

“selected base port” or “ports” means a port or ports situated in England and/or Wales.

European protected species

27.—(1) No stage of the connection works shall be commenced 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 that stage of the connection works or in any of the trees to be lopped or felled as part of that stage of the connection works.

(2) Where a European protected species is shown to be present, the relevant part(s) of the connection works must not begin until, after consultation with Natural England and the relevant planning authority, a scheme of protection and mitigation measures has been submitted to and approved in writing by the relevant planning authority. The connection works shall be carried out in accordance with the approved scheme.

(3) “European protected species” has the same meaning as in regulations 40 and 44 of the Conservation (Natural Habitats, &c.) Regulations 2010(2).

Restoration of land used temporarily for construction

28.  Any land landward of mean low water within the Order limits which is used temporarily for construction of the connection works and not ultimately incorporated in permanent works or approved landscaping, must be reinstated in accordance with such details the relevant planning authority in consultation with the relevant highway authority may approve, as soon as reasonably practicable and in any event within twelve months of completion of the relevant stage of the connection works.

Installation of cable ducts

29.—(1) Save in relation to plots 448 to 450, 453 to 454 and 457 to 471 in the book of reference—

(a) all cable ducts forming part of the onshore connection works must be installed simultaneously together with the onshore cables for the authorised project forming part of the onshore connection works unless sub-paragraph (2) applies; and

(b) no stage of the connection works shall commence until a written method statement showing the programme for laying the onshore cables for the authorised project and all cable ducts as part of a single cable laying operation has for that stage been submitted to and approved in writing by the relevant planning authority. The method statement must include an implementation timetable for laying the cables for the authorised project and all ducts and must be carried out as approved.

(2) If the Secretary of State, on an application to him from the undertakers shall confirm in writing that other generation projects which would otherwise use the ducts to connect to the National Grid have been abandoned or will not come forward within a reasonable timeframe there shall be no requirement to install the ducts pursuant to sub-paragraph (1).

(3) In considering any application to him under sub-paragraph (2) the Secretary of State shall have regard to—

(a) the status of any consent process for those other generation projects;

(b) the status of any agreement for lease for the offshore location of these other generation projects;

(c) the status of any connection agreement to the National Grid;

(d) any confirmation from The Crown Estate or National Grid with regard to (b) and (c) respectively;

(e) any statements from the relevant planning authorities and any other interested party in relation to those other generation projects.

Skills strategy

30.—(1) No stage of the connection works shall be commenced until a skills strategy (which accords with the outline skills strategy) has been submitted to and approved in writing by the relevant planning authority, after consultation with Suffolk County Council.

(2) The skills strategy must be implemented as approved.

Onshore decommissioning

31.—(1) Within three months of the cessation of commercial operation of the connection works, or of Work No. 3B or of Work No. 4 an onshore decommissioning plan shall be submitted to and approved in writing by the relevant planning authority.

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

Decommissioning of Work No. 3B and Work No. 4

32.—(1) After a period of 24 years but before the expiration of a period of 25 years following completion of construction of Work No. 3B and Work No. 4 or 2043 (whichever is earlier), the undertakers must submit a report to the relevant planning authority detailing the following—

(a) the extent of coastal retreat experienced following completion of construction;

(b) whether any remedial works or mitigation measures to protect Work No. 3B and Work No. 4 from coastal retreat have been required during this period, what these works comprised and an assessment of their impacts on coastal processes;

(c) the length of any proposed extension to the operational lifespan of the authorised project;

(d) the extent of the likely coastal retreat during the timeframe of any proposed extension and the likely need for, and nature of, any proposed remedial works or mitigation measures to protect Work No. 3B and Work No. 4 from coastal retreat and an analysis of their predicted impact on coastal processes; and

(e) any proposed remedial works or mitigation measures identified under paragraph (d).

(2) If it cannot be demonstrated to the reasonable satisfaction of the relevant planning authority that, taking into account any proposals for such remedial works or mitigation measures, Work No. 3B and Work No. 4 will not have a significant impact on coastal processes then Work No. 3B and Work No. 4 must be decommissioned in accordance with Requirement 31 (onshore decommissioning).

Requirement for written approval

33.  Where under any of the above Requirements the approval or agreement of the Secretary of State, the relevant planning authority or another person is required, that approval or agreement must be given in writing.

Amendments to approved details

34.—(1) With respect to any Requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority or another person, the approved details must be carried out as approved unless an amendment or variation is previously agreed in writing by the relevant planning authority or that other person in accordance with sub-paragraph (2).

(2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant planning authority or that other person that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(3) The approved details shall be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority or that other person.

Article 8

SCHEDULE 2 Streets subject to street works

(1)	(2)	(3)
Area	Street subject to street works	Grid co-ordinates
		Easting	Northing
Suffolk Coastal District	Ferry Road	634614	239177
Suffolk Coastal District	Track leading south to Ferry Road	634370	239139
Suffolk Coastal District	Track parallel to Sheepgate Lane, north of Goseford Hall and south of Falkenham Wood	629732	239454
Suffolk Coastal District	Track leading south from Falkenham Wood to Falkenham at The Old Vicarage	629272	239423
Suffolk Coastal District	Track between Falkenham Wood and sewage works to the west of Falkenham Wood	628851	239776
Suffolk Coastal District	Track perpendicular to Falkenham Road, leading to Corporation Farm	628590	240036
Suffolk Coastal District	Park Lane	628242	240408
Suffolk Coastal District	Track north of Park Lane, south of White Cottages, leading to Lodge Farm	628093	240827
Suffolk Coastal District	Track between Ranglins Wood and Ivy Cottages/Hemley House	628018	242359
Suffolk Coastal District	The Street	627809	243226
Suffolk Coastal District	Track from Newbourne Road leading to New Oak Tree Farm	627408	244468
Suffolk Coastal District	Ipswich Road	627462	244841
Suffolk Coastal District	Woodbridge Road	627560	245176
Suffolk Coastal District	Track from Waldringfield Road, leading to Rudd’s Barn	627140	245610
Suffolk Coastal District	Track from Waldringfield Road, to the east of Howe’s Farm Cottages	626758	245999
Suffolk Coastal District	Waldringfield Road	626581	246126
Suffolk Coastal District	Waldringfield Road	626301	246329
Suffolk Coastal District	Track north of, and roughly parallel to, Waldringfield Road, and south of Hall Farm	626295	246536
Suffolk Coastal District	Sandy Lane	625976	247756
Suffolk Coastal District	Top Street	625448	247817
Suffolk Coastal District	A12	624951	247849
Suffolk Coastal District	Track west of Seckford Hall Golf Course, leading south to Cherry Tree Farm	624569	248354
Suffolk Coastal District	Track leading south from Lodge Road to Meadow Cottage	623853	248241
Suffolk Coastal District	Lodge Road	623195	248243
Suffolk Coastal District	Holly Lane	622419	248534
Suffolk Coastal District	Church Road	621773	248420
Suffolk Coastal District	Butts Road	621310	248603
Suffolk Coastal District	Grundisburgh Road	619720	248770
Suffolk Coastal District	Clopton Road	619275	249287
Suffolk Coastal District	Witnesham Road (B1077)	617716	248813
Suffolk Coastal District	Cockfield Hall Lane	617410	249092
Mid Suffolk District	Henley Road	616129	249053
Mid Suffolk District	Thurleston Lane, track to Bower Farm	615152	248929
Mid Suffolk District	Old Ipswich Road	613343	249033
Mid Suffolk District	A14	613288	248997
Mid Suffolk District	Papermill Lane	612800	248938
Mid Suffolk District	Bramford Road (B1113)	612073	248982
Mid Suffolk District	Pound Lane	611768	248776
Mid Suffolk District	Track between Dairy Farm and Lower Dairy Farm	611343	247949
Mid Suffolk District	Somersham Road	611291	247823
Mid Suffolk District	Track to west of Copenhagen Cottage	610997	247466
Mid Suffolk District	Tye Lane	610767	247054
Mid Suffolk District	Track to Bullenhall Farm	610239	246401
Mid Suffolk District	Track to Bullenhall Farm	610253	246206
Mid Suffolk District	Track leading west of Bullenhall farm towards Fore Grove and Bushey Grove	609682	246278

Article 9

SCHEDULE 3 Public rights of way to be temporarily stopped up

PART 1 Rights of way for which a replacement will be provided during stopping up

(1)	(2)					(3)		(4)			(5)
Area	Footpath to be temporarily stopped up				Grid coordinates at start of crossing (point a on the public rights of way plan)				Grid coordinates at start of crossing (point b on the public rights of way plan)		Extent of temporary stopping up as shown on sheet X of the public rights of way plan
	Plan ref	Definitive map ref	Parish	Path number		Easting	Northing	Easting		Northing
Suffolk Coastal District	4	7201	Falkenham	Footpath 5		629762.11	239491.15	629446.033		239390.206	Approximately 350 metres between the points marked 4a and 4b on Sheet 2 of the public rights of way plan
Suffolk Coastal District	5	7187	Falkenham	Footpath 3		629255.96	239503.29	629271.137		239410.645	Approximately 95 metres between the points marked 5a and 5b on Sheet 3 of the public rights of way plan
Suffolk Coastal District	6	7951	Kirton	Bridleway 34		628588.47	240038.5	628588.909		239941.064	Approximately 97 metres between points 6a and 6b on Sheet 2 of the public rights of way plan
Suffolk Coastal District	7	7953	Kirton	Footpath 37		628438.75	240170.03	628352.531		240145.308	Approximately 90 metres between points 7a and 7b on Sheet 3 of the public rights of way plan
Suffolk Coastal District	8	7937	Kirton	Bridleway 13		628127.41	241041.84	628052.63		241047.582	Approximately 75 metres between points 8a and 8b on Sheet 3 of the public rights of way plan
Suffolk Coastal District	9	7632	Hemley	Footpath 1		628081.92	242364.68	628007.861		242352.799	Approximately 75 metres between points 9a and 9b on Sheet 4 of the public rights of way plan
Suffolk Coastal District	10	8257	Newbourne	Footpath 8		627752.7	243616.2	627726.774		243540.518	Approximately 80 metres between points 10a and 10b on Sheet 4 of the public rights of way plan
Suffolk Coastal District	11	8256	Newbourne	Bridleway 6		627749.77	243624.07	627685.34		243684.181	Approximately 90 metres between points 11a and 11c on Sheet 4 of the public rights of way plan
Suffolk Coastal District	13	9280	Waldringfield	Bridleway 24		627448.33	244473.13	627354.093		244467.614	Approximately 94 metres between points 13a and 13b on Sheet 5 of the public rights of way plan
Suffolk Coastal District	14	8152	Martlesham	Footpath 46		626347.9	246536.68	626265.414		246537.349	Approximately 85 metres between points 14a and 14b on Sheet 5 of the public rights of way plan
Suffolk Coastal District	15	8151	Martlesham	Footpath 45		626467.9	246590.85	626480.279		246678.221	Approximately 85 metres between points 15a and 15b on Sheet 6 of the public rights of way plan
Suffolk Coastal District	16	8132	Martlesham	Footpath 16		626515.57	246822.71	626407.605		246806.392	Approximately 110 metres between points 16a and 16c on Sheet 6 of the public rights of way plan
Suffolk Coastal District	19	8126	Martlesham	Footpath 10		625352.38	247889.94	625331.517		247815.983	Approximately 77 metres between points 19a and 19b on Sheet 6 of the public rights of way plan
Suffolk Coastal District	20	7487	Great Bealings	Footpath 10		625040.59	247855.61	625149.021		247784.742	Approximately 130 metres between points 20a to 20c on Sheet 6 of the public rights of way plan
Suffolk Coastal District	20	8125	Martlesham	Footpath 9A		625331.18	247746.55	625149.021		247784.742	Approximately 190 metres between points 20c and 20b on Sheet 6 of the public rights of way plan
Suffolk Coastal District	21	7486	Great Bealings	Footpath 9		625061.51	247841.43	625148.594		247632.023	Approximately 109 metres between points 21a and 21c on Sheet 6 of the public rights of way plan
Suffolk Coastal District	21	8124	Martlesham	FP9		625102.54	247740.95	625148.594		247632.023	Approximately 118 metres between points 21c and 21b on Sheet 6 of the public rights of way plan
Suffolk Coastal District	24	7487	Great Bealings	Footpath 10		624855.62	247958.77	624759.366		248071.035	Approximately 150 metres between points 24a and 24b on Sheet 6 of the public rights of way plan
Suffolk Coastal District	25	7485	Great Bealings	Footpath 8		624568.95	248404.92	624579.152		248329.744	Approximately 75 metres between points 25a and 25b on Sheet 6 of the public rights of way plan
Suffolk Coastal District	26	7488	Great Bealings	Footpath 11		623857.55	248290.41	623855.276		248216.273	Approximately 75 metres between points 26a and 26b on Sheet 7 of the public rights of way plan
Suffolk Coastal District	27	8080	Little Bealings	Footpath 6		622871.87	248398.13	623034.96		248224.917	Approximately 241 metres between points 27a and 27b on Sheet 7 of the public rights of way plan
Suffolk Coastal District	28	8079	Little Bealings	Footpath 5		622860.97	248401.34	622906.256		248262.876	Approximately 145 metres between points 28a and 28b on Sheet 7 of the public rights of way plan
Suffolk Coastal District	29	8078	Little Bealings	Footpath 3		622341.91	248516.49	622375.604		248449.204	Approximately 75 metres between points 29a and 29b on Sheet 7 of the public rights of way plan
Suffolk Coastal District	30	8441	Playford	Footpath 5		622050.32	248386.62	621987.635		248326.694	Approximately 85 metres between points 30a and 30b on Sheet 7 of the public rights of way plan
Suffolk Coastal District	31	7062	Culpho	Footpath 1		620954.65	248615.05	621002.94		248540.599	Approximately 95 metres between points 31a and 31b on Sheet 8 of the public rights of way plan
Suffolk Coastal District	32	9511	Witnesham	Bridleway 30		618816.16	249221.3	618872.031		249144.698	Approximately 95 metres between points 32a and 32b on Sheet 9 of the public rights of way plan
Suffolk Coastal District	33	9363	Westerfield	Restricted Byway 5		617722.38	248876.35	617639.768		248879.475	Approximately 85 metres between points 33a and 33b on Sheet 9 of the public rights of way plan
Suffolk Coastal District	34	9362	Westerfield	Footpath 3		617304.42	249200.19	617226.427		249197.095	Approximately 85 metres between points 34a and 34b on Sheet 9 of the public rights of way plan
Suffolk Coastal District	35	9366	Westerfield	Bridleway 10		617020.45	249343.53	617052.008		249274.196	Approximately 75 metres between points 35a and 35b on Sheet 9 of the public rights of way plan
Mid Suffolk District	36	2084	Akenham	Bridleway 19		615361.22	249018.93	615231.344		248943.904	Approximately 150 metres between points 36a and 36b on Sheet 10 of the public rights of way plan
Mid Suffolk District	37	2071	Akenham	Bridleway 5		615157.21	249019.61	615155.328		248943.933	Approximately 80 metres between points 37a and 37b on Sheet 10 of the public rights of way plan
Mid Suffolk District	38	2069	Akenham	Bridleway 5		614504.84	249086.25	614537.79		249012.879	Approximately 80 metres between points 38a and 38b on Sheet 10 of the public rights of way plan
Mid Suffolk District	39	3542	Claydon	Footpath 21		613668.71	249167.47	613636.165		249093.197	Approximately 80 metres between points 39a and 39b on Sheet 10 of the public rights of way plan
Mid Suffolk District	41	3136	Bramford	Footpath 10		611276.71	247828.58	611265.877		247701.159	Approximately 130 metres between points 41a and 41b on Sheet 11 of the public rights of way plan
Mid Suffolk District	42	3133	Bramford	Footpath 8		610838.69	247434.12	610932.772		247452.79	Approximately 95 metres between points 42a and 42b on Sheet 11 of the public rights of way plan

PART 2 Rights of way for which no replacement will be provided during the temporary stopping up

(1)	(2)					(3)		(4)			(5)
Area	Footpath to be temporarily stopped up				Grid coordinates at start of crossing (point a on the public rights of way plan)				Grid coordinates at start of crossing (point b on the public rights of way plan)		Extent of temporary stopping up as shown on sheet X of the public rights of way plan
	Plan ref	Definitive map ref	Parish	Path number		Easting	Northing	Easting		Northing
Mid Suffolk District Council	43	3127	Bramford	Footpath 2		610402.43	246523.82	610582.125		246209.592	Approximately 384 metres between points 43a and 43b on Sheet 12 of the public rights of way plan
Mid Suffolk District Council	44	3126	Bramford	Bridleway 1		610273.83	246161.91	609351.995		245761.891	Approximately 1022 metres between points 44a and 44b on Sheet 12 of the public rights of way plan

Article 10

SCHEDULE 4 Streets to be temporarily stopped up

(1)	(2)	(3)		(4)		(5)
Area	Street to be temporarily stopped up	Grid co-ordinates (start)		Grid co-ordinates (end)		Extent of temporary stopping up
		Easting	Northing	Easting	Northing
Suffolk Coastal District	Park Lane, Kirton	628,187	240,381	628,253	240,417	For 75 metres within the area shown hatched on sheet 3 of the public rights of way plan
Suffolk Coastal District	The Street, Newbourne	627,799	243,228	627,871	243,217	For 75 metres within the area shown hatched on sheet 4 of the public rights of way plan
Suffolk Coastal District	Ipswich Road, Waldringfield	627,416	244,840	627,501	244,857	For 75 metres within the area shown hatched on sheet 5 of the public rights of way plan

Article 11

SCHEDULE 5 Access to works

(1)	(2)	(3)
Area	Grid reference point	Description of access
Suffolk Costal District	634614, 239177	Vehicular access to Ferry Road from the east and west marked at point A on the access to works plan (sheet 1)
Suffolk Costal District	632047, 241321	Vehicular access to Dock Road from the south via Duke’s Lane (Track) marked at point B on the access to works plan (Sheet 4)
Suffolk Costal District	629662, 238830	Vehicular access to Lower Road from the east via Sheepgate Lane marked at point C on the access to works plan (Sheet 5)
Suffolk Costal District	628222, 240400	Vehicular access to Park Lane from the north and south marked at point D on the access to works plan (Sheet 6)
Suffolk Costal District	628399, 240500	Vehicular access to Park Lane at Park Gates Lodge from the north via farm tracks marked at point E on the access to works plan (Sheet 6)
Suffolk Costal District	626630, 241348	Vehicular access to Newbourn Road at Kembroke Hall from the east via farm tracks marked at point F on the access to works plan (Sheet 7)
Suffolk Costal District	627809, 243226	Vehicular access north and south from The Street marked at point G on the access to works plan (Sheet 8)
Suffolk Costal District	626630, 241348	Vehicular access to Woodbridge Road south of Heath Farm from the east via farm tracks marked at point H on the access to works plan (Sheet 9)
Suffolk Costal District	627462, 244841	Vehicular access North and South from The Ipswich Road marked at point I on the access to works plan (Sheet 10)
Suffolk Costal District	627560, 245176	Vehicular access east and west from Woodbridge Road marked at point J on the access to works plan (Sheet 10)
Suffolk Costal District	626581, 246126	Vehicular access east and west from Waldringfield Road marked at point K on the access to works plan (Sheet 11)
Suffolk Costal District	626301, 246329	Vehicular access north and south from Waldringfield Road marked at point L1 on the access to works plan (Sheet 11)
Suffolk Costal District	626355, 246299	Vehicular access south-east from Waldringfield Road marked at point L2 on the access to works plan (Sheet 11)
Suffolk Costal District	626143, 2469245	Vehicular access to Church Lane at the Old Rectory from the south via tracks marked at point M on the access to works plan (Sheet 12)
Suffolk Costal District	625976, 247756	Vehicular access east from Sandy Lane marked point N1 on the access to works plan (Sheet 12)
Suffolk Costal District	626037, 247843	Vehicular access south from Sandy Lane marked point N2 on the access to works plan (Sheet 12)
Suffolk Costal District	625826, 247619	Vehicular access to Sandy Lane from the east marked point O on the access to works plan (Sheet 12)
Suffolk Costal District	625448, 247817	Vehicular access east and west from Top Street marked at point P on the access to works plan (Sheet 12)
Suffolk Costal District	625333, 247744	Vehicular access to Top Street south of the roundabout with the B1438 from the west marked point Q1 on the access to works plan (Sheet 12)
Suffolk Costal District	625337, 247782	Vehicular access to Top Street south of the roundabout with the B1438 from the south marked point Q2 on the access to works plan (Sheet 12)
Suffolk Costal District	624523, 248500	Vehicular access to Seckford Hall Road on Road west of Seckford Hall Hotel from the south marked point R on the access to works plan (Sheet 13)
Suffolk Costal District	623710, 248383	Vehicular access to Lodge Road from the south marked point S on the access to works plan (Sheet 13)
Suffolk Costal District	622419, 248534	Vehicular access east and west from Holly Lane at point T on the access to works plan (Sheet 14)
Suffolk Costal District	621773, 248420	Vehicular access to Church Road from the east and west marked point U on the access to works plan (Sheet 15)
Suffolk Costal District	621310, 248603	Vehicular access to Butts Road from the south and vehicular access to Butts Road from the east and west marked point V on the access to works plan (Sheet 14)
Suffolk Costal District	619720, 248770	Vehicular access north and south from Grundisburgh Road at point W on the access to works plan (Sheet 15)
Suffolk Costal District	619275, 249287	Vehicular access east and west from Clopton Road at point X on the access to works plan (Sheet 16)
Suffolk Costal District	617716, 248813	Vehicular access to Witnesham Road from the east and west marked point Y on the access to works plan (Sheet 16)
Suffolk Costal District	617410, 249092	Vehicular access to Cockfield Hall Lane from the east and west marked point Z on the access to works plan (Sheet 17)
Mid Suffolk District	616128, 249052	Vehicular access east and west from Henley Road at point AA on the access to works plan (Sheet 17)
Mid Suffolk District	615160, 248980	Vehicular access east and west from Thurlestone Lane at point AB on the access to works plans (Sheet 18)
Mid Suffolk District	613310, 249094	Vehicular access to Old Ipswich Road from the east marked point AC on the access to works plan (Sheet 19)
Mid Suffolk District	612849, 249074	Vehicular access to Papermill Lane from the east at point AD on the access to works plan (Sheet 19)
Mid Suffolk District	612809, 248992	Vehicular access to Papermill Lane from the west at point AE on the access to works plan (Sheet 19)
Mid Suffolk District	612802, 248946	Vehicular access east and west from Papermill Lane at point AF on the access to works plan (Sheet 19)
Mid Suffolk District	612074, 248972	Vehicular access to Bramford Road from the west at point AG on the access to works plan (Sheet 19)
Mid Suffolk District	612098, 249048	Vehicular access to Bramford Road from the east at point AH on the access to works plan (Sheet 19)
Mid Suffolk District	611950, 248776	Vehicular access north and south from Pound Lane at point AI on the access to works plan (Sheet 20)
Mid Suffolk District	611291, 247822	Vehicular access north and south from Somersham Road at point AJ on the access to works plan (Sheet 21)
Mid Suffolk District	610767, 247053	Vehicular access north and south from Tye Lane at point AK on the access to works plan (Sheet 22)
Mid Suffolk District	610571, 246214	Vehicular access to Bullen Lane from the north at point AL on the access to works plan (Sheet 22)
Mid Suffolk District	610052, 246122	Vehicular access to Bullen Lane from the west at point AM on the access to works plan (Sheet 22)

Article 17

SCHEDULE 6 Land in which only new rights etc. may be acquired

(1)	(2)
Number of land shown on land plans	Purpose for which rights may be acquired
2–7	The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	construct, lay and install by way of directional drilling, adjust, alter, use, maintain, repair, renew, upgrade, inspect, remove and replace underground electrical cables and ducts, together with such telemetry and fibre optic lines, jointing bays, ducting and other apparatus, protection and safety measures and equipment which is ancillary to the purposes of transmitting electricity along such electrical cables (which collectively shall be referred to as the “cables”);
	(b)	enter and be upon the land and remain with or without plant, vehicles, vessels, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables;
	(c)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(d)	pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying down, installing, adjusting, altering, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables;
	(e)	place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
	(f)	lay down, use, repair, alter and remove hard standings for the purposes of allowing access;
	(g)	lay out temporary permissive paths for public use;
	(h)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduit or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers); and
	(i)	alter, lop, uproot and replant trees, shrubs and hedges for the purposes of enabling the right to pass and repass.
10 11 13 15 44–51 70–73 99 100–102 107 108–110 117 117A 117B 133 185 186 205 205A 210 212 214 231 232 235–237 243 257–259 268 385 391 398 401 436 437 439 441 448 465	The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the cables;
	(b)	lay down, use, repair, alter and remove hard standings for the purposes of access to adjoining land;
	(c)	erect temporary supporting or protective structures (including the bridging over of or protection of the apparatus of the statutory undertakers) for the purposes of access to adjoining land;
	(d)	alter, lop, uproot and replant trees, shrubs and hedges for the purposes of enabling the right to pass and repass to adjoining land;
	(e)	lay out temporary permissive paths for public use;
	(f)	effect access to the highway;
	(g)	straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing adjoining land;
	(h)	remove fences, hedges or other barriers during any period during which construction, upgrading, improvement, renewal or removal are being carried or for the exercise of the power to access the cables (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement or re-instatement of the fences, hedges or other barriers following the exercise of the rights); and
	(i)	install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts.
60–63 67 118–131 191–194 196 249 370 371 377 382 394	1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	enter and remain on the sub-soil of the land to construct, lay, install, adjust, alter, use, maintain, repair, renew, upgrade, inspect, remove and replace the cables;
	(b)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(c)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
	(d)	uproot and replant trees, shrubs and hedges which may interfere with the cables;
	(e)	pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of uprooting and replanting trees, shrubs, and hedges which may interfere with the cables;
	(f)	construct, lay down, use and remove temporary hardstanding for the purposes of permitting access to uproot and replant trees, shrubs and hedges which may interfere with the cables;
	(g)	lay out temporary permissive paths for public use;
	(h)	install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
	(i)	maintain cable marker posts to identify the location of the cables; and
	(j)	carry out environmental mitigation and/or enhancement works.
	2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
	(a)	prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
	(b)	prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
	(c)	prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
	(d)	prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
20 22 24 26–43 52–56 79–93 103–106 135–141 145–150 154–158 163 167–175 181–184 199–204 213 216, 217 227–228 230 233 234 238–239 241–242 251 253–256 260–267 269–271 292 296–297 300 304–312 316 320–331 339–340 343–348 354 357–358 360 362–366 383 413–414 416–418 422–426 428–431 434 438 442 444–446	1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	construct, lay and install by way of drilling and/or trenching, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
	(b)	install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
	(c)	pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(d)	lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(e)	enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
	(f)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(g)	place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
	(h)	install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
	(i)	store and stockpile materials (including excavated material) within the Order land;
	(j)	remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
	(k)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
	(l)	works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
	(m)	lay out temporary permissive paths for public use;
	(n)	remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
	(o)	carry out environmental mitigation and/or enhancement works; and
	(p)	install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
	2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
	(a)	prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
	(b)	prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the undertakers (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
	(c)	prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the undertakers save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
	(d)	prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the undertakers (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
8–9 17 57–59 68–69 76–78 111–116 132 134 187–189 195 198 244–245 250 252 367–369 384 392 396–397 435 440	1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	construct, lay and install by way of horizontal directional drilling and/or trenching, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
	(b)	install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
	(c)	pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(d)	lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(e)	enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
	(f)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(g)	place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
	(h)	install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
	(i)	store and stockpile materials (including excavated material) within the Order land;
	(j)	remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
	(k)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
	(l)	works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
	(m)	lay out temporary permissive paths for public use;
	(n)	remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
	(o)	carry out environmental mitigation and/or enhancement works; and
	(p)	install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
	2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
	(a)	prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
	(b)	prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
	(c)	prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
	(d)	prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
18 97 143 160 165 177 179 215 219 247–248 273 294 298 302 314 318 333 337 350–353 355–356 359 389 404–407 415 427 433 464 466–471	The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	construct, lay, install, adjust, alter, use maintain, repair, replace renew, upgrade, inspect and remove the cables by way of drilling and/or trenching;
	(b)	install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
	(c)	pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(d)	enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables;
	(e)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(f)	install and maintain cable marker posts to identify the location of the cables;
	(g)	lop fell, cut or coppice trees, or remove roots of trees or hedges or shrubs;
	(h)	lay out temporary permissive paths for public use;
	(i)	remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
	(j)	carry out environmental mitigation and/or enhancement works; and
	(k)	lay down, use, repair, alter and remove temporary hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables, except where this may interfere with the operation of an adopted highway.
19 96 98 142 144 159 161 164 166 176 178 180 206–209 211 216A 218 220 222–223 293 295 299 303 313 315 317 319 332 334 335 338 349 387 390 432 449	1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	construct, lay and install by way of drilling and/or trenching, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
	(b)	install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
	(c)	pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(d)	lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(e)	enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity along the cables;
	(f)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(g)	place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
	(h)	effect access to the highway;
	(i)	install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
	(j)	store and stockpile materials (including excavated material) within the Order land;
	(k)	remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
	(l)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
	(m)	works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
	(n)	lay out temporary permissive paths for public use;
	(o)	remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
	(p)	carry out environmental mitigation and/or enhancement works; and
	(q)	install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
	2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
	(a)	prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
	(b)	prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
	(c)	prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
	(d)	prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
64–66 190 197 246 372–376 378–379 393 395	The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	enter and remain on the sub-soil of the land to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew upgrade, inspect and remove the cables;
	(b)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(c)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
	(d)	uproot and replant trees, shrubs and hedges which may interfere with the cables;
	(e)	pass and repass with or without vehicles, plant, equipment, materials and machinery for the purposes of uprooting and replanting trees, shrubs, and hedges which may interfere with the cables;
	(f)	install, use, inspect, modify, improve, maintain, adjust, repair, replace, extend, test, cleanse and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts; and
	(g)	maintain cable marker posts to identify the location of the cables.
279 283–286 288 291 399–400 402 410–412	1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	construct, lay and install by way of horizontal directional drilling and/or other form of drilling and/or trenching, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
	(b)	install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
	(c)	pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(d)	lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(e)	enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
	(f)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(g)	place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
	(h)	install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
	(i)	store and stockpile materials (including excavated material) within the Order land;
	(j)	remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
	(k)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
	(l)	works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
	(m)	lay out temporary permissive paths for public use;
	(n)	remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
	(o)	carry out environmental mitigation and/or enhancement works; and
	(p)	install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
	2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
	(a)	prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
	(b)	prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
	(c)	prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
	(d)	prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
272 275 403 408–409	1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	construct, lay and install by way of horizontal directional drilling and/or other form of drilling and/or trenching, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
	(b)	install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
	(c)	pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(d)	lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(e)	enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
	(f)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(g)	place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
	(h)	effect access to the highway;
	(i)	install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
	(j)	store and stockpile materials (including excavated material) within the Order land;
	(k)	remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
	(l)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
	(m)	works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
	(n)	lay out temporary permissive paths for public use;
	(o)	remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
	(p)	carry out environmental mitigation and/or enhancement works; and
	(q)	install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
	2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
	(a)	prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
	(b)	prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
	(c)	prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
	(d)	prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
278 281–282 287 289–290	1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	construct, lay and install by way of horizontal directional drilling and/or other form of drilling, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
	(b)	install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
	(c)	pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(d)	lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(e)	enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
	(f)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(g)	place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
	(h)	install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
	(i)	store and stockpile materials (including excavated material) within the Order land;
	(j)	remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
	(k)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
	(l)	works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
	(m)	lay out temporary permissive paths for public use;
	(n)	remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
	(o)	carry out environmental mitigation and/or enhancement works; and
	(p)	install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
	2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
	(a)	prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
	(b)	prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
	(c)	prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
	(d)	prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).
274 276–277 280	1. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised project and to—
	(a)	construct, lay and install by way of horizontal directional drilling and/or other form of drilling, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the cables;
	(b)	install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in existing drains, watercourses and culverts;
	(c)	pass and repass, with or without vehicles, plant, equipment, materials and machinery for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(d)	lay down, use, repair, alter and remove hardstanding for the purposes of constructing, laying, installing, adjusting, altering, using, maintaining, repairing, replacing, renewing, upgrading, inspecting and removing the cables;
	(e)	enter and be upon the land and remain with or without plant, vehicles, machinery, apparatus and equipment which is ancillary to the purposes of transmitting electricity and telecommunications along the cables;
	(f)	retain and use the cables for the purpose of the transmission of telecommunications and electricity;
	(g)	place and use plant, machinery and temporary structures within the land for the installation, construction, maintenance, repairing, renewing, upgrading, inspecting, removal and replacing of the cables;
	(h)	effect access to the highway;
	(i)	install and maintain cable marker posts to identify the location of the cables, manhole covers and kiosks as required for routine integrity testing;
	(j)	store and stockpile materials (including excavated material) within the Order land;
	(k)	remove fences within the land during any period during which construction, maintenance, repair or renewal are being carried out (subject to the prior erection of any temporary stock proof fencing as is reasonably required and the replacement of the original fences following the exercise of the rights);
	(l)	install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers);
	(m)	works to lop, fell, cut or coppice trees or remove roots of trees or hedges or shrubs;
	(n)	lay out temporary permissive paths for public use;
	(o)	remove archaeological artefacts where they would prevent or cause it to be materially more difficult or expensive to construct, lay, install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect or remove the cables;
	(p)	carry out environmental mitigation and/or enhancement works; and
	(q)	install, construct, use and remove temporary welfare facilities during any periods of maintenance, repair, replacement, renewal, upgrade and removal of the cables.
	2. A restrictive covenant over the land for the benefit of the remainder of the Order land to—
	(a)	prevent anything to be done in or upon the Order land or any part thereof for the purpose of the erection of any buildings or construction erection or works of any kind (including the foundations or footings thereto);
	(b)	prevent anything to be done by way of hard surfacing of the Order land with concrete of any kind or with any other material or surface whatsoever without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed if the proposed surfacing would not cause damage to relevant part of the authorised project nor make it materially more difficult or expensive to maintain the authorised project);
	(c)	prevent anything to be done by way of excavation of any kind in the Order land nor any activities which increase or decrease ground cover or soil levels in any manner whatsoever without the consent in writing of the Undertaker save as are reasonably required for agricultural activities or are required to be carried out by National Grid in order to exercise their rights in relation to their apparatus within the Order land;
	(d)	prevent the planting or growing within the Order land of any trees, shrubs or underwood without the consent in writing of the Undertaker (such consent not to be unreasonably withheld or delayed provided that the proposed trees, shrubs or underwood would not cause damage to the relevant part of the authorised project nor make it materially more difficult or expensive to access the relevant part of the authorised project).

Article 17

SCHEDULE 7 Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments

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

2.—(1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973(3) shall have effect subject to the modifications set out in sub-paragraphs (2) and (3).

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

(a) for the words “land is acquired or taken” there shall be substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.

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

(a) for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over or restrictive covenant affecting land consisting”;

(b) for the word “severance” there shall be substituted the words “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;

(c) for the words “part proposed” there shall be substituted the words “right or restrictive covenant proposed”; and

(d) for the words “part is” there shall be substituted the words “right or restrictive covenant is”.

Application of the 1965 Act

3.—(1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are 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.

(2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4.  For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section—

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

5.  For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following section—

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

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

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

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

(ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, the East Anglia ONE Offshore Wind Farm Order 2014(4) (“the Order”) shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.

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

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

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

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

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

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

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

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

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

9.  Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

Article 23

SCHEDULE 8 Land of which temporary possession may be taken

(1)	(2)	(3)	(4)
Area	Number of land shown on land plan	Purpose for which temporary possession may be taken	Relevant part of the authorised project
County of Suffolk District of Suffolk Coastal	2–8 17 18–20 22 24 26–43 52–69 76–93 96–98 103–106 111–116 118–132 134–150 154–161 163–184 187–204 206–213 215–220 222 223 227–230 233–234 238–256 260–267 269–300 302–340 343–345 347	Construction and carrying out of the authorised project; worksites for construction and the carrying out of the authorised project; access for carrying out the authorised project.	3B, 4, 5, 7A, 7B, 9, 10a, 11, 14, 15, 18, 19, 21, 23A, 24, 25A, 26, 27, 28A, 29, 30A, 31
County of Suffolk District of Suffolk Coastal	8 17 57–59 94 95 151 152 153 221 224 226 229 231–232 240 301 336	Construction compound; access for carrying out the authorised project.	3B and 4, 7B, 10B, 16, 17, 23B, 23C, 28B, 30B
County of Suffolk District of Suffolk Coastal	9–11 13 15 44–51 70–73 99–102 107 108–110 117 117A 117B 133 185–186 201–204 205–205A 210 212 214 235–237 247 257–259 268	Laying of hardstandings and improvements to tracks; access for carrying out the authorised project.	3C, 6, 8, 12, 13, 20, 21A, 22A, 22B, 24A, 25B, 25C
County of Suffolk District of Mid Suffolk	346–360 362–379 382–387 389 390 392–397 399 400 402–418 422–435 438 440 442 444–445A 449 464–471	Construction and carrying out of the authorised project; worksites for construction and the carrying out of the authorised project; access for carrying out the authorised project.	32, 33A, 34A, 35A, 36, 37A, 37D, 38
County of Suffolk District of Mid Suffolk	369 385 391 398 401 405 407 409 410 441 447–448	Laying of hardstandings and improvements to tracks; access for carrying out the authorised project.	33 B, 33C, 35B, 35C, 35D, 39A, 41
County of Suffolk District of Mid Suffolk	384 386 388 436–437 439 443 446	Construction compound; access for carrying out the authorised project.	34B, 37B, 37C, 37E

Article 25

SCHEDULE 9 Protective provisions

PART 1 Protection for electricity, gas, water and sewerage undertakers

1.  For the protection of the undertakers referred to in this part of this Schedule the following provisions shall, unless otherwise agreed in writing between the undertakers and the affected undertaking concerned, have effect.

2.  In this part of this Schedule—

“affected undertakers” means—

(a)

any licence holder within the meaning of Part 1 of the Electricity Act 1989(5);

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986(6);

(c)

a water undertakers within the meaning of the Water Industry Act 1991(7); and

(d)

a sewerage undertakers within the meaning of Part 1 of the Water Industry Act 1991,

for the area of the authorised development, and in relation to any apparatus, means the undertakers to whom it belongs or by whom it is maintained;

“alternative apparatus” means alternative apparatus adequate to enable the affected undertakers in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—

(a)

in the case of an electricity undertakers, electric lines or electrical plant (as defined in the Electricity Act 1989), belonging to or maintained by that affected undertakers;

(b)

in the case of a gas undertakers, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

(c)

in the case of a water undertakers, mains, pipes or other apparatus belonging to or maintained by that affected undertakers for the purposes of water supply; and

(d)

in the case of a sewerage undertakers—

(i)

any drain or works vested in the affected undertakers under the Water Industry Act 1991; and

(ii)

any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act,

and 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 includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties; and

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land.

3.  This part of this Schedule does not apply to apparatus in respect of which the relations between the undertakers and the affected undertakers are regulated by the provisions of Part 3 of the 1991 Act.

4.  Regardless of any provision in this Order or anything shown on the land plans, the undertakers shall not acquire any apparatus otherwise than by agreement.

5.—(1) If, in the exercise of the powers conferred by this Order, the undertakers acquires any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this part of this Schedule and any right of an affected undertakers to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the affected undertakers in question.

(2) If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertakers requires the removal of any apparatus placed in that land, it shall give to the affected undertakers 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 an affected undertakers reasonably needs to remove any of its apparatus) the undertakers shall, subject to sub-paragraph (3), afford to the affected undertakers the necessary facilities and rights for the construction of alternative apparatus in other land of the undertakers 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 undertakers, or the undertakers 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 affected undertakers in question shall, on receipt of a written notice to that effect from the undertakers, as soon as reasonably possible use all reasonable 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 undertakers under this part of this Schedule shall be constructed in such manner and in such line or situation as may be agreed between the affected undertakers in question and the undertakers or in default of agreement settled by arbitration in accordance with article 33 (arbitration).

(5) The affected undertakers in question shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 33 (arbitration), and after the grant to the affected undertakers 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 undertakers to be removed under the provisions of this part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertakers gives notice in writing to the affected undertakers 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 controlled by the undertakers, that work, instead of being executed by the affected undertakers, shall be executed by the undertakers without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the affected undertakers.

(7) Nothing in sub-paragraph (6) shall authorise the undertakers 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 the provisions of this part of this Schedule, the undertakers affords to an affected undertakers facilities and rights for the construction and maintenance in land of the undertakers of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the undertakers and the affected undertakers in question or in default of agreement settled by arbitration in accordance with article 33 (arbitration).

(2) If the facilities and rights to be afforded by the undertakers 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 affected undertakers 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 shall make such provision for the payment of compensation by the undertakers to that affected undertakers 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 undertakers under paragraph 5(2), the undertakers shall submit to the affected undertakers in question a plan, section and description of the works to be executed.

(2) Those works shall 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 affected undertakers for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the affected undertakers shall be entitled to watch and inspect the execution of those works.

(3) Any requirements made by an affected undertakers under sub-paragraph (2) shall be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If an affected undertakers in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertakers, reasonably requires the removal of any apparatus and gives written notice to the undertakers of that requirement, paragraphs 1 to 6 shall apply as if the removal of the apparatus had been required by the undertakers under paragraph 5(2).

(5) Nothing in this paragraph shall preclude the undertakers 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 shall apply to and in respect of the new plan, section and description.

(6) The undertakers shall not be required to comply with sub-paragraph (1) in a case of emergency but in that case it shall give to the affected undertakers 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 shall comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

8.—(1) Subject to the following provisions of this paragraph, the undertakers shall repay to an affected undertakers the reasonable expenses incurred by that affected undertakers in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus (including costs or compensation payable in connection with the acquisition of land for that purpose) which may be required in consequence of the execution of any such works as are referred to in paragraph 5(2).

(2) There shall be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this part of this Schedule, that value being calculated after removal.

(3) If in accordance with the provisions of this part of this Schedule—

(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 undertakers or, in default of agreement, is not determined by arbitration in accordance with article 33 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this part of this Schedule 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 affected undertakers in question by virtue of sub-paragraph (1) shall 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 shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall 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 an affected undertakers in respect of works by virtue of sub-paragraph (1) shall, 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 affected undertakers any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

9.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such 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 an affected undertakers, or there is any interruption in any service provided, or in the supply of any goods, by any affected undertakers, the undertakers shall—

(a) bear and pay the cost reasonably incurred by that affected undertakers in making good such damage or restoring the supply; and

(b) make reasonable compensation to that affected undertakers for any other expenses, loss, damages, penalty or costs incurred by the affected undertakers,

by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) shall impose any liability on the undertakers with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an affected undertakers, its officers, servants, contractors or agents.

(3) An affected undertakers shall give the undertakers reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the undertakers which, if it withholds such consent, shall 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 of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertakers and an affected undertakers in respect of any apparatus laid or erected in land belonging to the undertakers on the date on which this Order is made.

PART 2 Protection for operators of electronic communications code networks

1.—(1) For the protection of any operator, the following provisions shall, unless otherwise agreed in writing between the undertakers and the operator, have effect.

(2) In this part of this Schedule—

“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system shall be construed in accordance with paragraph 1(3A) of that code;

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act(8);

“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 which 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; and

“operator” means the operator of an electronic communications code network.

2.  The exercise of the powers of article 25 (statutory undertakers) are subject to paragraph 23 of Schedule 2 to the Telecommunications Act 1984(9).

3.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or their construction, or of any subsidence resulting from any of those works—

(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 those works, or other property of an operator); or

(b) there is any interruption in the supply of the service provided by an operator, the undertakers shall bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and shall—

(i) make reasonable compensation to an operator for loss sustained by it; and

(ii) indemnify an operator against claims, demands, proceedings, costs, damages and expenses which 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) Nothing in sub-paragraph (1) shall impose any liability on the undertakers 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.

(3) The operator shall give the undertakers reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand shall be made without the consent of the undertakers which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between the undertakers and the operator under this paragraph shall be referred to and settled by arbitration under article 33 (arbitration).

4.  This part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertakers and an operator are regulated by the provisions of 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 development.

5.  Nothing in this part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertakers and an operator in respect of any apparatus laid or erected in land belonging to the undertakers on the date on which this Order is made.

PART 3 Protection of Network Rail Infrastructure Limited

1.  The following provisions of this Schedule have effect unless otherwise agreed in writing between the undertakers and Network Rail and, in the case of paragraph 15, any other person on whom rights or obligations are conferred by that paragraph.

2.  In this part of this Schedule—

“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

“the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

“network licence” means the network licence, as 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(10);

“Network Rail” means Network Rail Infrastructure Limited (Company registration number 02904587) whose registered office is at Kings Place, 90 York Way, London, N1 9AG and any associated company of Network Rail which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006(11)) 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) 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; and

“specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

3.—(1) Where under this part of this Schedule Network Rail is required to give its consent, agreement or approval in respect of any matter, that consent, agreement 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 undertakers 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 development under this Order.

4.—(1) The undertakers must not exercise the powers conferred by article 14 (authority to survey and investigate the land) or the powers conferred by section 11(3) of the 1965 Act (powers of entry) in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2) The undertakers 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 undertakers shall not exercise the powers conferred by sections 271 or 272 of the 1990 Act (extinguishment of rights of statutory undertakers and electronic code communications operators: preliminary notices), or article 25 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(4) The undertakers must not under the powers conferred by this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property except with the consent of Network Rail.

(5) Where Network Rail is asked to give its consent or agreement pursuant to this paragraph, such consent or agreement must not be unreasonably withheld but may be given subject to reasonable conditions.

5.—(1) The undertakers 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 shall not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration under article 33 (arbitration).

(2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date 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 undertakers may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertakers. If by the expiry of the further 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 end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertakers that Network Rail desires itself to construct any part of a specified work which 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 undertakers 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 undertakers 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 undertakers.

(4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the 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 de-commissioning 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 are to be constructed by Network Rail or by the undertakers, if Network Rail so desires, and such protective works shall be carried out at the expense of the undertakers in either case with all reasonable dispatch and the undertakers shall not commence the construction of the specified works until the engineer has notified the undertakers 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) shall, 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;

(c) in such manner as to cause as little damage as is possible to railway property; and

(d) 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 thereon 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 undertakers must, regardless of any approval described in paragraph 6(1)(a), make good such damage and shall pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3) Nothing in this Schedule imposes any liability on the undertakers with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertakers or its servants, contractors or agents.

7.  The undertakers 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 undertakers and its agents for access to any works carried out by Network Rail under this part of this Schedule during their construction and must supply the undertakers 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, or to any protective works under paragraph 5(4), 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 operation of the railway of Network Rail or the services of operators using the same, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertakers reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertakers 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 which 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 undertakers, Network Rail gives notice to the undertakers that Network Rail desires itself to construct that part of the specified work which 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 undertakers 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 undertakers must, notwithstanding any such approval of a specified work under paragraph 5(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason 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 undertakers 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 saving must be set off against any sum payable by the undertakers to Network Rail under this paragraph.

10.  The undertakers must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

(a) in constructing any part of a specified work on behalf of the undertakers as provided by paragraph 5(3) or in constructing any protective works under the provisions of 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 undertakers 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 shall be 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 which may in the opinion of the engineer, require 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 which 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’s apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which 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 authorised development giving rise to EMI (unless the undertakers 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 undertakers must in the design and construction of the authorised development 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 undertakers’s compliance with sub-paragraph (3)—

(a) the undertakers must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which 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 undertakers all information in the possession of Network Rail reasonably requested by the undertakers in respect of Network Rail’s apparatus identified pursuant to paragraph (a); and

(c) Network Rail must allow the undertakers 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 only reasonably be prevented 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) shall have effect subject to this sub-paragraph.

(6) If at any time prior to the commencement of commercial operation of the authorised development and regardless of any measures adopted under to sub-paragraph (3), the testing or commissioning of the authorised development causes EMI then the undertakers shall immediately upon 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 undertakers’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 undertakers must afford reasonable facilities to Network Rail for access to the undertakers’s apparatus in the investigation of such EMI;

(b) Network Rail must afford reasonable facilities to the undertakers for access to Network Rail’s apparatus in the investigation of such EMI; and

(c) Network Rail must make available to the undertakers any additional material information in its possession reasonably requested by the undertakers in respect of Network Rail’s apparatus or such EMI.

(8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraphs (5) or (6)—

(a) Network Rail must allow the undertakers reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus;

(b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertakers 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 paragraph.

(11) In relation to any dispute arising under this paragraph the reference in article 33 (arbitration) to an arbitrator to be agreed shall be read as a reference to an arbitrator being a member of 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 undertakers 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 undertakers 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 undertakers 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 which 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, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertakers, are to be repaid by the undertakers to Network Rail.

15.—(1) The undertakers must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by Network Rail—

(a) by reason of the construction or maintenance of a specified work or the failure thereof; or

(b) by reason of any act or omission of the undertakers or of any person in its employ or of its contractors or others whilst engaged upon a specified work,

and the undertakers must indemnify and keep indemnified Network Rail 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 or thing may have been done by Network Rail on behalf of the undertakers or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision will 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 undertakers from any liability under the provisions of this sub-paragraph.

(2) Network Rail must give the undertakers reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertakers, such consent not to be unreasonably withheld.

(3) The sums payable by the undertakers under sub-paragraph (1) will 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 which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

(5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs will, in the event of default, be 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—

“the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably 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); and

“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 undertakers, from time to time provide the undertakers free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertakers is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable the undertakers to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Schedule (including any claim relating to those relevant costs).

17.  In the assessment of any sums payable to Network Rail under this Schedule 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 undertakers under this Schedule or increasing the sums so payable.

18.  The undertakers 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 undertakers of—

(a) any railway property shown on the works and land plans 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 or any lands, works or other property referred to in this paragraph.

19.  Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall prejudice or affect the operation of Part I of the Railways Act 1993.

20.  The undertakers must give written notice to Network Rail where any application is proposed to be made by the undertakers for the Secretary of State’s consent under article 5 (benefit of the Order) of this Order 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 undertakers must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 32 (certification of plans etc.), provide a set of those plans to Network Rail in the form of a computer disc with read only memory.

PART 4 For the protection of Anglian Water Services Limited

1.  For the protection of Anglian Water, the following provisions of this Schedule shall, unless otherwise agreed in writing between the undertakers and Anglian Water, have effect.

2.  In this part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in not less efficient a manner than previously;

“Anglian Water” means Anglian Water Services Limited;

“Apparatus” means any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage; and—

(a)

any drain or works vested in Anglian Water under the Water Industry Act 1991,

(b)

any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102 (4) of the Water Industry Act 1991 or an agreement to adopt made under section 104 of that Act,

and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 of that Act) and any structure in which apparatus is or is to be lodged or which 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 upon land; and

“plan” includes sections, drawings, specifications and method statements.

3.  The undertakers shall not interfere with, build over or near to any Apparatus within the Order land or 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 the standard protection strips which are the strips of land falling, the following distances to either side of the medial line of any Apparatus—

• 2.25 metres where the diameter of the pipe is less than 150 millimetres

• 3 metres where the diameter of the pipe is between 150 and 450 millimetres

• 4.5 metres where the diameter of the pipe is between 450 and 750 millimetres

• 6 metres where the diameter of the pipe exceeds 750 millimetres;

unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and such provision being brought to the attention of any agent or contractor responsible for carrying out any work on behalf of the undertakers.

4.  The alteration, extension, removal or re-location of any Apparatus shall not be implemented until—

(a) any requirement for any permits under the Environmental Permitting (England and Wales) Regulations 2010 or other legislations and any other associated consents are obtained, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such re-location are approved, such approvals or agreement from Anglian Water not to be unreasonably withheld or delayed; and

(b) the undertakers has made the appropriate application required under the Water Industry Act 1991 together with a plan and description of the works proposed and Anglian Water has agreed all of the contractual documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed; and such works to be executed only in accordance with the plan and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water without delay for the alteration or otherwise for the protection of the Apparatus, or for securing access to it.

5.  In the situation, where in exercise of the powers conferred by the Order, the undertakers acquires any interest in any land in which Apparatus is placed and such Apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension shall take place until Anglian Water has established to its reasonable satisfaction, contingency arrangements in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the Apparatus. Anglian Water shall use reasonable endeavours to establish contingency arrangements in a timely manner.

6.  Regardless of any provision in this Order or anything shown on any plan, the undertakers must not acquire any Apparatus otherwise than by agreement, and before extinguishing any existing rights for Anglian Water to use, keep, inspect, renew and maintain its Apparatus in the Order land, the undertakers shall, with the agreement of Anglian Water, create a new right to use, keep, inspect, renew and maintain the Apparatus that is reasonably convenient for Anglian Water such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 33 (arbitration).

7.  If in consequence of the exercise of the powers conferred by the Order the access to any Apparatus is materially obstructed the undertakers shall provide such alternative means of access to such Apparatus as will enable Anglian Water to maintain or use the apparatus no less effectively than was possible before such obstruction.

8.  If in consequence of the exercise of the powers conferred by the Order, previously unmapped sewers, lateral drains or other Apparatus are identified by the undertakers, notification of the location of such assets will immediately be given to Anglian Water and afforded the same protection as other Anglian Water assets.

9.  If for any reason or in consequence of the construction of any of the works referred to in paragraphs 4 to 6 and 8 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 Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertakers shall—

(a) bear and pay the cost reasonably incurred by Anglian Water in making good any damage or restoring the supply; and

(b) make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs properly and reasonably incurred by Anglian Water,

by reason or in consequence of any such damage or interruption.

10.  Nothing in paragraph 9 shall impose any liability on the undertakers with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of Anglian Water, its officer, servants, contractors or agents.

11.  Any difference or dispute arising between the undertakers and Anglian Water under this Schedule shall, unless otherwise agreed in writing between the undertakers and Anglian Water, be determined by arbitration in accordance with article 33 (arbitration).

PART 5 For the protection of National Grid Gas plc and National Grid Electricity Transmission plc

Application

1.  For the protection of the statutory undertakers referred to in this part of this Schedule the following provisions shall, unless otherwise agreed in writing between the undertakers and the statutory undertakers concerned, have effect.

Interpretation

2.  In this Part of this Schedule—

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

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

“apparatus” means—

(a)

in the case of an electricity undertakers, electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by that undertakers;

(b)

in the case of a gas undertakers, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

“commence” has the same meaning as article 2 of this Order;

“functions” includes powers and duties;

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

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

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

“statutory undertakers” means—

(a)

any licence holder within the meaning of Part 1 of the Electricity Act 1989; and

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986;

(c)

for the area of the authorised development, and in relation to any apparatus, means the statutory undertakers to whom it belongs or by whom it is maintained;

“undertakers” means the undertakers as defined in article 2 of this Order.

Apparatus of undertakers in stopped up streets

3.  Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 10 (temporary stopping up of streets), a statutory undertakers shall be at liberty at all times to take all necessary access across any such stopped up highway and/or to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway subject always to the undertaking of works by the undertakers authorised by this Order.

Acquisition of land

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

Removal of apparatus

5.—(1) If, in the exercise of the agreement reached in accordance with paragraph 4 or in any other authorised manner, the undertakers acquires any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this part of this Schedule and any right of a statutory undertakers to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of the statutory undertakers in question in accordance with sub-paragraphs (2) to (5) inclusive.

(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertakers requires the removal of any apparatus placed in that land, it shall give to the statutory undertakers in question 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a statutory undertakers reasonably needs to remove any of its apparatus) the undertakers shall, subject to sub-paragraph (3), afford to the statutory undertakers to their reasonable satisfaction (taking into account paragraph 6(1)) the necessary facilities and rights for—

(a) the construction of alternative apparatus in other land of the undertakers; and

(b) subsequently for the maintenance of that apparatus.

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

(4) Any alternative apparatus to be constructed in land of the undertakers under this part of this Schedule shall be constructed in such manner and in such line or situation as may be agreed between the statutory undertakers in question and the undertakers.

(5) The statutory undertakers in question shall, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to the statutory undertakers 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 undertakers to be removed under the provisions of this part of this Schedule.

Facilities and rights for alternative apparatus

6.—(1) Where, in accordance with the provisions of this part of this Schedule, the undertakers affords to a statutory undertakers facilities and rights for the construction and maintenance in land of the undertakers of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the undertakers and the statutory undertakers in question and shall be no less favourable on the whole to the statutory undertakers in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by the statutory undertakers.

(2) If the facilities and rights to be afforded by the undertakers and agreed with the statutory undertakers under paragraph 7(1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the statutory undertakers 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 shall make such provision for the payment of compensation by the undertakers to that statutory undertakers as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection: gas undertakers

7.—(1) Not less than 56 days before commencing the execution of any works authorised by this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertakers under paragraph 5(2) or otherwise, the undertakers shall submit to the statutory undertakers in question a plan.

(2) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus, the plan to be submitted to the statutory undertakers under sub-paragraph (1) shall be detailed including a material statement and describing—

(a) the exact position of the works;

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

(c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;

(d) the position of all apparatus; and

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

(3) The undertakers shall not commence the construction or renewal of any works to which sub-paragraph (1) or (2) applies until the statutory undertakers has given written approval of the plan so submitted.

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

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

(b) shall not be unreasonably withheld or delayed.

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

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

(7) Where statutory undertakers require any protective works to be carried out either themselves or by the undertakers (whether of a temporary or permanent nature) such protective works shall be carried out to the statutory undertakers’ satisfaction prior to the carrying out of any works authorised by the Order (or any relevant part thereof) and the statutory undertakers shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (2) (except in an emergency).

(8) If a statutory undertakers in accordance with sub-paragraph (5) or (7) and in consequence of the works proposed by the undertakers, reasonably requires the removal of any apparatus and gives written notice to the undertakers of that requirement, paragraphs 1 to 3 and 6 to 8 shall apply as if the removal of the apparatus had been required by the undertakers under paragraph 5(2).

(9) Nothing in this paragraph shall preclude the undertakers from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.

(10) The undertakers shall not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it shall give to the statutory undertakers in question notice as soon as is reasonably practicable and a plan of those works and shall—

(a) comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

(b) comply with sub-paragraph (11) at all times.

(11) At all times when carrying out any works authorised under the Order comply with National Grid’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW27” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.

Retained apparatus: protection: electricity undertakers

8.—(1) Not less than 56 days before commencing the execution of any works authorised by this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertakers under paragraph 5(2) or otherwise, the undertakers shall submit to the statutory undertakers in question a plan.

(2) In relation to works which will or may be situated on, over, under or within 8.1 metres measured in any direction of any apparatus, or involve embankment works within 8.1 metres of any apparatus, the plan to be submitted to the statutory undertakers under sub-paragraph (1) shall be detailed including a material statement and describing—

(a) the exact position of the works;

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

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

(d) the position of all apparatus; and

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

(3) The undertakers shall not commence the construction or renewal of any works to which sub-paragraph (1) or (2) applies until the statutory undertakers has given written approval of the plan so submitted.

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

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

(b) shall not be unreasonably withheld.

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

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

(7) Where statutory undertakers require any protective works to be carried out either themselves or by the undertakers (whether of a temporary or permanent nature) such protective works shall be carried out to the statutory undertakers’ satisfaction prior to the carrying out of any works authorised by the Order (or any relevant part thereof) and the statutory undertakers shall give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (2) (except in an emergency).

(8) If a statutory undertakers in accordance with sub-paragraph (5) or (7) and in consequence of the works proposed by the undertakers, reasonably requires the removal of any apparatus and gives written notice to the undertakers of that requirement, paragraphs 1 to 3 and 6 to 8 shall apply as if the removal of the apparatus had been required by the undertakers under paragraph 5(2).

(9) Nothing in this paragraph shall preclude the undertakers from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.

(10) The undertakers shall not be required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it shall give to the statutory undertakers in question notice as soon as is reasonably practicable and a plan of those works and shall—

(a) comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

(b) comply with sub-paragraph (11) at all times.

(11) At all times when carrying out any works authorised under the Order comply with National Grid’s policies for development near over headlines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.

Expenses

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

(a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that the statutory undertakers elects to use powers of compulsory acquisition to acquire any necessary rights under 5(3) all costs incurred as a result of such action;

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

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

(d) the approval of plans;

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

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

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

(3) If in accordance with the provisions of this part of this Schedule—

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

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertakers or in default of agreement settled by arbitration in accordance with article 34 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory undertakers in question by virtue of sub-paragraph (1) shall be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs shall be borne by the undertakers.

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

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

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall 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 statutory undertakers in respect of works by virtue of sub-paragraph (1) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory undertakers any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Compensation

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

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

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

(2) The fact that any act or thing may have been done by a statutory undertakers on behalf of the undertakers or in accordance with a plan approved by a statutory undertakers or in accordance with any requirement of a statutory undertakers or under its supervision shall not (subject to sub-paragraph (3), excuse the undertakers from liability under the provisions of this sub-paragraph (1)).

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

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

Ground subsidence monitoring scheme in respect of statutory undertakers’s apparatus

11.—(1) No works within 15 metres of any apparatus or alternative apparatus shall commence until a scheme for monitoring ground subsidence (“referred to in this paragraph as the monitoring scheme”) which is capable of interfering with or risking damage to statutory undertakers’s apparatus has been submitted to and approved by the relevant statutory undertakers, such approval not to be unreasonably withheld or delayed.

(2) The ground subsidence monitoring scheme described in sub-paragraph (1) shall set out—

(a) the apparatus which is to be subject to such monitoring;

(b) the extent of land to be monitored;

(c) the manner in which ground levels are to be monitored;

(d) the timescales of any monitoring activities; and

(e) the extent of ground subsidence which, if exceeded, shall require the undertakers to submit for statutory undertakers’s approval a ground subsidence mitigation scheme in respect of such subsidence in accordance with sub-paragraph (3).

(3) The monitoring scheme required by sub-paragraphs (1) and (2) must be submitted within 56 days prior to the commencement of any works authorised by this Order or comprised within the authorised development. Any requirements of the statutory undertakers will be notified within 28 days of receipt of the monitoring scheme. Thereafter the monitoring scheme must be implemented as approved, unless otherwise agreed in writing with the statutory undertakers.

(4) As soon as reasonably practicable after any ground subsidence identified by the monitoring activities set out in the monitoring scheme has exceeded the level described in sub-paragraph (2)(e), a scheme setting out necessary mitigation measures (if any) for such ground subsidence (referred to in this paragraph as a “mitigation scheme”) shall be submitted to the statutory undertakers for approval, such approval not to be unreasonably withheld or delayed; and any mitigation scheme must be implemented as approved, unless otherwise agreed in writing with the statutory undertakers except that the statutory undertakers retains the right to carry out any further necessary protective works for the safeguarding of their apparatus and can recover any such costs in line with paragraph 10.

Enactments and agreements

12.  Nothing in this part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the undertakers and a statutory undertakers in respect of any apparatus laid or erected in land belonging to the undertakers on the date on which this Order is made.

Co-operation

13.  Where in consequence of the proposed construction of any of the authorised development, the undertakers or a statutory undertakers requires the removal of apparatus under paragraph 5(2) or a statutory undertakers makes requirements for the protection or alteration of apparatus under paragraph 7 or 8 the undertakers shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the statutory undertakers’s undertaking and each statutory undertakers shall use its best endeavours to co-operate with the undertakers for that purpose.

Access

14.  If in consequence of the agreement reached in accordance with paragraph 4 or the powers granted under this Order the access to any apparatus is materially obstructed, the undertakers shall provide such alternative means of access to such apparatus as will enable the statutory undertakers to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

15.  Save for differences or disputes arising under paragraphs 5(2) and (4), 6(1), 7 and 8 any difference or dispute arising between the undertakers and a statutory undertakers under this Schedule shall, unless otherwise agreed in writing between the undertakers and that statutory undertakers, be determined by arbitration in accordance with article 34 (arbitration).

Article 29

SCHEDULE 10 Deemed licence under the Marine and Coastal Access Act 2009 – generation assets

PART 1 Licensed marine activities

1.—(1) In this licence—

“the 2008 Act” means the Planning Act 2008(12);

“the 2009 Act” means the Marine and Coastal Access Act 2009(13);

“Annex 1 Habitat” means such habitat as defined under the EU Council Directive 92/43/EEC(14) on the Conservation of Natural Habitats and of Wild Fauna and Flora;

“authorised deposits” means the substances and articles specified in paragraph 2(4) of Part 1 of this Schedule;

“authorised scheme” means Work No. 1 described in paragraph 2 of Part 1 of this Schedule;

“Cefas” means the Centre for Environment, Fisheries and Aquaculture Science;

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

“condition” means a condition in Part 2 and references in this licence to numbered conditions are to conditions with those numbers in Part 2;

“draft written scheme of investigation: archaeology and cultural heritage (offshore)” means the document certified as the draft written scheme of investigation: archaeology and cultural heritage (offshore) by the Secretary of State for the purposes of this Order;

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

“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order and submitted with the application;

“gravity base foundation” means a structure principally of steel, concrete, or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“HVAC offshore collector station” means a platform with one or more decks, whether open or fully clad, accommodating electrical power transformers, low, medium and/or high voltage switch gear, instrumentation, protection and control systems, neutral earthing resistors, reactive compensation, standby electrical generation equipment, fuelling facilities, auxiliary and uninterruptible power supply systems and transformers, accommodation and/or emergency shelter, craneage, metering stations, meteorological equipment, helicopter landing facilities, messing facilities, potable water storage, black water separation equipment, control hub, drainage facilities, access equipment, J-tubes, marking and lighting and other associated equipment and facilities to enable the transmission of electronic communications and for electricity to be collected at, and exported from, the platform;

“jacket foundation” means a steel jacket/lattice-type structure constructed of steel which is fixed to the seabed at two or more points with steel pin piles or steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment, and “discrete jacket foundation types” shall include pre-piled or post-piled jackets, three-legged or four legged jackets, or straight or battered leg jackets;

“JNCC” means the Joint Nature Conservation Committee;

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

“LAT” means lowest astronomical tide;

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

“maintain” includes inspect, maintain, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works in Part 2 of Schedule 1 (authorised project) and any component part of any wind turbine generator, offshore substation or meteorological mast described in Part 1 of Schedule 1 (authorised project) (but not including the alteration, removal or replacement of foundations) to the extent assessed in the environmental statement; and “maintenance” shall be construed accordingly;

“major storm event” means a greater than 1 in 10 year wave event within the Order limits seaward of MHWS in terms of a wave height measured from the West Gabbard Waverider buoy (WESTGAB) or any other definition as agreed with the MMO;

“Marine Management Organisation” or “MMO” means the body created under the Marine and Coastal Access Act 2009 which is responsible for the monitoring and enforcement of this licence;

“MCA” means the Maritime and Coastguard Agency;

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

“meteorological mast” means a mast housing equipment to measure wind speed and other wind characteristics, including a topside housing electrical, communication and associated equipment and marking and lighting;

“monopile foundation” means a steel pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

“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 Order limits” means the limits shown on the works plan within which the authorised scheme may be carried out;

“offshore substation” means a HVAC collector station;

“the Order” means the East Anglia ONE Offshore Wind Farm Order 2014;

“Order limits boundary coordinates plan” means the document certified as the Order limits boundary coordinates plan by the Secretary of State for the purposes of this Order;

“outline navigation monitoring strategy” means the document certified as the outline navigation monitoring strategy by the Secretary of State for the purposes of this Order;

“outline offshore operations and maintenance and monitoring plan” means the document certified as the outline offshore operations and maintenance and monitoring plan by the Secretary of State for the purposes of this Order;

“suction buckets” means large diameter steel cylindrical shells which penetrate the seabed assisted by hydrostatic pressure differential for fixity of steel jacket foundations;

“suction caisson foundation” means a tubular steel structure which penetrates the seabed assisted by a hydrostatic pressure differential and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

“undertakers” means East Anglia ONE Limited;

“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” or “WTG” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, fixed to a foundation;

“Work No. 2” means up to two HVDC offshore converter stations;

“Work No. 3A” means up to four HVDC export cables from Work No. 2 to MHWS; and

“works plan” means the plan certified as the works plan by the Secretary of State for the purposes of the Order.

(2) A reference to any statute, order, regulation or similar instrument shall be construed as 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) Unless otherwise indicated—

(a) all times shall be taken to be Greenwich Mean Time (GMT);

(b) all co-ordinates shall be taken to be latitude and longitude degrees and minutes to two decimal places.

(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 shall be—

(a) Marine Management Organisation

Offshore Marine Licensing

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel: [phone]

(b) Marine Management Organisation (local office)

Marine Environment Team

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

(c) Trinity House

Tower Hill

London

EC3N 4DH

Tel: [phone]

(d) The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: [phone]

(e) Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04, Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: [phone]

(f) Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: [phone]

(g) Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield

S3 8NH

Tel: [phone]

(h) English Heritage

Eastgate Court

195-205 High Street

Guildford

GU1 3EH

Tel: [phone]

(i) JNCC

Inverdee House

Baxter Street

Aberdeen

AB11 9QA

Tel: [phone].

Details of licensed marine activities

2.—(1) Subject to the licence conditions, this licence authorises the undertakers (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) of the 2009 Act—

(a) the deposit at sea of the substances and articles specified in sub-paragraph (4);

(b) the construction of works in or over the sea and/or on or under the sea bed; and

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

(2) Such activities are authorised in relation to the construction, maintenance and operation of—

Work No. 1—

(a) an offshore wind turbine generating station with a gross electrical output capacity of up to 1,200 MW comprising up to 240 wind turbine generators each fixed to the seabed by one of three foundation types (namely, jacket foundation, gravity base foundation or suction caisson foundation), fitted with rotating blades and situated within the area shown on the works plan and further comprising paragraphs (b) to (d);

(b) up to three HVAC offshore collector stations fixed to the seabed within the area shown on the works plan by one of two foundation types (namely jacket foundation or gravity base foundation);

(c) up to one meteorological mast fixed to the seabed within the area shown on the works plan by one of four foundation types (namely jacket foundation, gravity base foundation, suction caisson foundation or monopile foundation);

(d) a network of subsea cables within the area shown on the works plan between the WTGs and the HVAC offshore collector stations, up to two interconnection cables between the HVAC offshore collector stations, up to ten export cables between the HVAC offshore collector stations and Work No. 2, and up to one interconnection cable between the HVDC offshore converter stations comprising Work No. 2 for the transmission of electricity and electronic communications between these different structures including one or more cable crossings.

(3) And in connection with such Work No. 1, ancillary works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

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

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

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

(d) the disposal of up to 5,603,500 metres³ of inert material of natural origin within the offshore Order limits produced during construction drilling and seabed preparation for foundation works and cable sandwave preparation works at disposal site reference TH23 East Anglia ONE.

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

(a) iron/steel;

(b) stone and rock;

(c) concrete;

(d) sand and gravel;

(e) plastic/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.

3.  The grid coordinates for the authorised scheme are specified below and more particularly shown on the Order limits boundary coordinates plan—

Coordinates for the Order limits seaward of MHWS

Point	Latitude (DMS)	Longitude (DMS)
A	52° 17′ 50.395″	2° 21′ 1.372″
B	52° 19′ 10.175″	2° 27′ 36.407″
C	52° 23′ 22.654″	2° 31′ 40.044″
D	52° 21′ 53.636″	2° 34′ 13.872″
E	52° 18′ 15.833″	2° 34′ 13.645″
F	52° 7′ 14.982″	2° 32′ 58.021″
G	52° 4′ 46.512″	2° 31′ 2.669″
H	52° 4′ 45.732″	2° 28′ 1.913″

4.  This licence shall remain in force until the authorised scheme has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 of the 2004 Act, including any modification to the programme under section 108, and the completion of such programme has been confirmed by the Secretary of State in writing.

5.  The provisions of section 72 of the 2009 Act shall apply to this licence except that the provisions of section 72(7) relating to the transfer of the licence shall only apply to a transfer not falling within article 5 (benefit of the Order).

6.  Where the words ‘unless otherwise agreed’ or ‘unless otherwise stated’ appear in the conditions in Part 2, any such agreement or statement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of MMO that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

PART 2 Conditions

Design parameters for wind turbines

1.—(1) No wind turbine generator forming part of the authorised scheme shall—

(a) exceed a height of 200 metres when measured from LAT to the tip of the vertical blade;

(b) exceed a height of 120 metres to the height of the centreline of the generator shaft forming part of the hub when measured from LAT;

(c) exceed a rotor diameter of 170 metres;

(d) be less than 675 metres from the nearest WTG in either direction perpendicular to the approximate prevailing wind direction (crosswind) or be less than 900 metres from the nearest WTG in either direction which is in line with the approximate prevailing wind direction (downwind);

(e) have a distance of less than 22 metres between the lowest point of the rotating blade of the wind turbine and MHWS;

(f) except with the consent of the Secretary of State, have an electrical output of less than 5 MW.

(2) In sub-paragraph (1), references to the location of a wind turbine generator are references to the centre point of that turbine.

2.  No meteorological mast, wind turbine generator or HVAC offshore collector station forming part of the authorised scheme shall be erected within the areas hatched black on the works plan, whose coordinates are specified below and more particularly shown on the Order limits boundary coordinates plan—

Coordinates for restricted build area

Point	Latitude (DMS)	Longitude (DMS)
i	52° 17′ 29.501″	2° 21′ 18.183″
ii	52° 19′ 32.953″	2° 29′ 16.557″
iii	52° 19′ 47.657″	2° 34′ 8.460″
iv	52° 20′ 36.356″	2° 34′ 8.509″
v	52° 20′ 18.296″	2° 28′ 48.188″
vi	52° 23′ 17.520″	2° 31′ 41.224″
vii	52° 21′ 52.244″	2° 34′ 8.586″
viii	52° 18′ 15.948″	2° 34′ 8.368″
ix	52° 7′ 15.824″	2° 32′ 52.848″
x	52° 4′ 49.734″	2° 30′ 59.349″
xi	52° 4′ 48.985″	2° 28′ 5.706″

3.—(1) The total number of HVAC offshore collector stations forming part of the authorised scheme must not exceed three.

(2) The dimensions of any HVAC offshore collector stations forming part of the authorised scheme (excluding towers, helipads, masts and cranes) must not exceed 60 metres in height when measured from LAT, 30 metres in length and 40 metres in width.

4.—(1) The total length of the cables comprising Work No. 1(d) must not exceed 680 kilometres.

(2) The total amount of cable protection for the cables comprising Work No. 1(d) must not exceed 3,000 metres³.

5.—(1) In relation to a WTG, each gravity base foundation must not have—

(a) diameter at the level of the seabed which is more than 50 metres;

(b) a base height, where there is a flat base and a cylindrical shaft, which is more than 10 metres above the level of the seabed;

(c) a column diameter, where there is a flat or conical base, of more than 7.5 metres at LAT.

(2) In relation to a WTG, each suction caisson foundation must not have—

(a) a diameter at the level of the seabed which is more than 25 metres;

(b) a base height where there is a flat base, which is more than 5 metres above the level of the seabed;

(c) a column diameter which is more than 7.5 metres at LAT.

(3) In relation to a WTG, each jacket foundation must not have—

(a) a width spacing between its legs at the level of the seabed which is more than 35 metres;

(b) a pile diameter which is more than 2.5 metres in the case of pin piles or a suction bucket diameter of more than 5 metres;

(c) more than one pile per leg or more than one suction bucket per leg;

(d) more than four legs.

(4) In relation to a meteorological mast, each monopile foundation must not have a diameter greater than 6.5 metres.

(5) The total number of WTGs with gravity base foundations must not exceed 240.

(6) The total amount of scour protection for the WTGs and HVDC offshore converter stations forming part of the authorised scheme must not exceed 3.5 kilometres².

Notifications and inspections

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

(a) 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 15; and

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 15;

(b) within 28 days of receipt of a copy of this licence those persons referred to at paragraph (a) must provide a completed form to the MMO confirming their understanding of the terms of conditions of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 15 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 undertakers’s registered address;

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

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

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

(5) The undertakers 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 undertakers must inform the local MMO office in writing at least ten working days prior to the commencement of the licensed activities or any part of them and within ten working days of completion of any works comprised in the licensed activities.

(7) Prior to the commencement of the licensed activities the undertakers must publish in the Kingfisher Fortnightly Bulletin details of the vessel routes (if appropriate), timings and locations relating to the construction of the authorised scheme.

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

(9) The undertakers must ensure that the notices to mariners are updated and reissued at regular intervals, and at least fortnightly, and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 11(a). Copies of all notices must be provided to the MMO.

(10) The undertakers must notify—

(a) the Hydrographic Office of both the commencement (within two weeks), progress and completion (within two weeks) 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.

Offshore safety management

7.—(1) The authorised scheme shall not commence until the Secretary of State, in consultation with the MCA, has confirmed in writing that the undertakers has taken into account and adequately addressed all MCA recommendations contained within MGN 371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes including full details of the Emergency Co-operation Plans (ERCoP) for the construction, operation and decommissioning as appropriate to the authorised scheme.

(2) The undertakers will prepare and implement a project-specific Active Safety Management System, taking account of safety and mitigation measures as referred to in the navigation risk assessment in the environmental statement.

Aids to navigation

8.—(1) The undertakers must at or near the authorised scheme during the whole period of the construction, operation, alteration, replacement or decommissioning of the authorised scheme 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.

(2) The undertakers must ensure that timely and efficient notices to mariners and other navigational warnings of the position and nature of the authorised scheme seaward of MHWS, are issued during and after the period of construction, alteration, replacement or decommissioning of the authorised scheme, such information to be promulgated to mariners in the shipping and fishing industry as well as to recreational mariners, in accordance with condition 6(8) and (9).

(3) The undertakers must notify Trinity House as soon as reasonably practicable of both the progress and completion of the authorised scheme seaward of MHWS and any aids for navigation established from time to time.

(4) The undertakers must provide reports on the availability of aids to navigation periodically as requested by Trinity House.

(5) The undertakers must colour all structures yellow from at least highest astronomical tide to a height directed by Trinity House, or must colour the structure as directed by Trinity House from time to time.

(6) Subject to sub-paragraph (6), unless the Secretary of State otherwise directs, the undertakers must ensure that the wind turbine generators must be painted submarine grey (colour code RAL 7035).

(7) In case of injury to, or destruction or decay of, the authorised scheme or any part thereof the undertakers must as soon as reasonably practicable notify Trinity House and must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.

Chemicals, drilling and debris

9.—(1) Unless otherwise agreed in writing by the MMO all chemicals used in the construction of the authorised scheme must be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002(15).

(2) All protective coatings and paints must be suitable for use in the marine environment and, where necessary, approved by the Health and Safety Executive. The use of such coatings must accord with best environmental practice.

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

(6) The undertakers must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team.

(7) The undertakers must ensure that any waste and/or debris arising from the construction of the authorised scheme or from equipment or temporary works placed below MHWS are removed on completion of the authorised scheme.

(8) At least 10 days prior to the commencement of the licensed activities the undertakers must submit and obtain the MMO’s approval of an audit sheet covering all aspects of the construction of the authorised scheme. The audit sheet must include details of—

(a) loading facilities;

(b) vessels;

(c) equipment;

(d) shipment routes;

(e) working schedules; and

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

(9) The audit sheet must be maintained throughout the construction of the authorised scheme and any changes notified immediately in writing to the MMO.

(10) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for it shall require the undertakers to carry out a side scan sonar survey to plot all obstructions across the relevant area(s) within the offshore Order limits where construction works and related activities have been carried out. In the event that the missing material is not located, the survey area may be extended at the discretion of the MMO. Local fishermen shall be invited to send a representative to be present during the survey. Any new obstructions that the MMO believes to be associated with the authorised scheme must be removed at the undertakers’s expense.

(11) The undertakers must inform the MMO of the location and quantities of inert material disposed of each month under this licence, by submission of a disposal return by 31 January each year for the months August to January inclusive, and by 31 July each year for the months February to July inclusive.

(12) The undertakers must ensure that only inert material of natural origin, produced during construction drilling and seabed preparation for foundation works and cable sandwave preparation works shall be disposed of within the offshore Order limits (disposal site reference TH23 East Anglia ONE).

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

(14) In the event that any rock material used in the construction of the authorised scheme is misplaced or lost below MHWS, the undertakers must report the loss to the District Marine Office within 48 hours and the undertakers must locate the material and recover it unless otherwise agreed with the MMO.

Force majeure

10.  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 outside of the Order limits because the safety of human life and/or of the vessel is threatened, within 48 hours full details of the circumstances of the deposit must be notified to the MMO.

Pre-construction plans and documentation

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

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

(i) the proposed location and choice of foundation of all wind turbine generators, offshore substations and the meteorological mast;

(ii) the height to the tip of the vertical blade; height to the centreline of the generator shaft forming part of the hub;

(iii) rotor diameter and spacing of all wind turbine generators;

(iv) the height length and width of all offshore substations;

(v) the height of all lattice towers forming part of the meteorological mast;

(vi) the length and arrangement of all cables comprising Work No. 1(d);

(vii) the dimensions of all gravity base foundations;

(viii) the dimensions of all jacket foundations;

(ix) the dimensions of all suction caisson foundations;

(x) in relation to the meteorological mast, the dimensions of each monopile foundation;

(xi) the proposed layout of all wind turbine generators, offshore substations and meteorological masts including any exclusion zones under condition 2 and/or identified under sub-paragraph (h)(iv);

(xii) a plan showing the indicative layout of all wind turbine generators, offshore substations and meteorological masts including all exclusion zones (insofar as not shown in paragraph (xi)) and showing the indicative programming of particular works as set out in the indicative programme to be provided under sub-paragraph (b)(iv); and

(xiii) any exclusion zones/micrositing requirements identified in any mitigation scheme pursuant to sub-paragraph (i);

to ensure conformity with the description of Work No. 1 and compliance with conditions 1 to 5;

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

(i) the proposed construction start date;

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

(iii) proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with sub-paragraph (h) and conditions 17, 18 and 19; and

(iv) an indicative written construction programme for all wind turbine generators, offshore substations, meteorological masts and cables comprised in the works at paragraph 2(2) of Part 1 (licensed marine activities) (insofar as not shown in paragraph (ii));

with details pursuant to paragraph (iii) to be submitted to the MMO at least six months prior to the first survey unless otherwise agreed in writing with the MMO;

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

(i) drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation works and cable sandwave preparation works;

(ii) soft start procedures with specified duration periods;

(iii) WTG, meteorological mast and offshore substation location and installation, including scour protection;

(iv) cable installation, including cable protection;

(v) contractors;

(vi) vessels and vessels transit corridors; and

(vii) associated and ancillary 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;

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

(v) a fisheries liaison and coexistence plan to ensure relevant fishing fleets are notified of commencement of licensed activities pursuant to condition 6 and to address the interaction of the licensed activities with fishing activities;

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

(f) only when driven or part-driven pile foundations are proposed to be used as part of the foundation installation, a marine mammal mitigation protocol in line with JNCC guidelines for minimising acoustic disturbance to marine mammals;

(g) a cable specification and installation plan, to include—

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

(ii) a detailed cable laying plan for the Order limits, incorporating a burial risk assessment to ascertain suitable burial depths and cable laying techniques, including cable protection and including contingency plans if burial is not achieved through preferred techniques; and

(iii) appropriate methods such as trawl or drift net to be deployed along the offshore subsea cables within the authorised scheme as agreed in writing by the MMO, following the survey referred to in condition 19(2)(d) to assess any seabed obstructions resulting from burial of cables as part of the authorised scheme;

(h) a written scheme of archaeological investigation in relation to the offshore Order limits seaward of mean low water in accordance with the draft written scheme of investigation: archaeology and cultural heritage (offshore), industry good practice and in consultation with English Heritage (and, if relevant, Suffolk Coastal District Council) to include—

(i) details of responsibilities of the undertakers, 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) archaeological analysis and reporting of survey data, and timetable, which is to be submitted to the MMO within four months of any survey being completed;

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

(v) monitoring during and post construction, including a conservation programme for finds;

(vi) archiving of archaeological material; and

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

(i) a mitigation scheme for any Annex 1 features identified by the survey referred to in condition 17(2)(b);

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

(k) a coexistence statement demonstrating how the scheme design and construction methods, including cable specification, installation and armouring, reasonably avoids or mitigates effects on other marine users, including fisheries.

12.—(1) Any archaeological reports produced in accordance with condition 11(h)(iii) are to be agreed with English Heritage (and, if relevant, Suffolk Coastal District Council).

(2) The undertakers must ensure that a copy of any agreed archaeological report is deposited with the National Monuments Record, by submitting an English Heritage OASIS form with a digital copy of the report. If the report relates to the foreshore, the undertakers must notify Suffolk County Council that the OASIS report has been submitted to the National Monuments Record.

13.—(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 11 must be submitted for approval at least four months prior to the intended start of construction, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) No licensed activities shall commence until the MMO has approved in writing each programme, statement, plan, protocol or scheme required to be approved under condition 11 and the licensed activities must be carried out in accordance with the approved plans, protocols, statements, schemes and details approved under condition 11, unless otherwise agreed in writing by the MMO.

Foundation restrictions

14.  No gravity base foundations may be installed in any area of the seabed with mobile sand waves of 5 metres or more, as identified by the swath-bathymetry survey carried out under condition 17(2)(c), unless otherwise agreed in writing by the MMO.

Reporting of engaged agents, contractors and vessels

15.—(1) The undertakers must provide the following information to the MMO as soon as is reasonably practicable prior to the agent, contractor or vessel engaging in the licensed activities—

(a) the name and function of any agent or contractor appointed to engage in the licensed activities; and

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

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

Equipment and operation of vessels engaged in licensed activities

16.—(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 of this licence and (save in the case of remotely operated vehicles or vessels) must comply with sub-paragraphs (2) to (7).

(2) All motor powered vessels must be fitted with—

(a) electronic positioning aid to provide navigational data;

(b) radar;

(c) 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 vessels must exhibit signals in accordance with the requirements of the International Regulations for the Prevention of Collisions at Sea.

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

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

Pre-construction monitoring and surveys

17.—(1) The undertakers must, in discharging condition 11(b), submit details for written approval by the MMO in consultation with Natural England and JNCC of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report; and—

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

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

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

(a) appropriate surveys to determine the location, extent and composition of any benthic habitats of conservation, ecological or economic importance;

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

(c) high resolution swath-bathymetry survey(s), to include a 100% coverage and side scan sonar, of the area(s) within the Order limits in which it is proposed to carry out construction works;

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

(e) low intensity information gathering of elasmobranch populations within the Order limits in which it is proposed to carry out construction and any wider areas where appropriate, to test predictions made in the environmental statement concerning impacts to elasmobranchs from electromagnetic fields;

(f) appropriate surveys of existing marine mammal activity inside the area(s) within the Order limits in which it is proposed to carry out construction works and any wider area(s) where appropriate which is required to test predictions in the environmental statement concerning key marine mammal interests of relevance to the authorised scheme.

(3) The undertakers must carry out the surveys agreed under sub-paragraph (1) and provide the baseline report to the MMO in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO in consultation with Natural England and JNCC.

Construction monitoring

18.—(1) The undertakers must, in discharging condition 11(b), submit details for approval by the MMO in consultation with Natural England and JNCC of any proposed monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The survey proposals must specify each survey’s objectives. In any event, such monitoring must include measurements of noise generated by the installation of the first four jacket foundations of each discrete jacket foundation type to be installed.

(2) The undertakers must carry out the surveys approved under sub-paragraph (1), including any further noise monitoring required in writing by the MMO, and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with Natural England and JNCC.

(3) The results of the initial noise measurements monitored in accordance with sub-paragraph (1) must be provided to the MMO within six weeks of the installation of the first four jacket foundations of each discrete jacket foundation type. The assessment of this report by the MMO shall determine whether any further noise monitoring is required.

(4) Construction monitoring must include traffic monitoring in accordance with the outline navigation monitoring strategy, including the provision of reports on the results of that monitoring periodically as requested by the MCA.

Post construction

19.—(1) The undertakers must, in discharging condition 11(b), submit details of approval by the MMO in consultation with Natural England and JNCC of proposed post-construction surveys, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

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

(a) appropriate surveys of any benthic communities/benthos constituting Annex 1 Habitat in whole or in part inside the area(s) within the Order limits in which construction works were carried out;

(b) if existing data is not available, appropriate surveys to validate predictions made in the environmental statement in relation to habitat creation and the ability of structures to act as vectors for non-native species;

(c) appropriate ornithological surveys covering the area(s) within the Order limits in which construction works were carried out, and any wider area(s) where appropriate, as required to test predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme;

(d) one high resolution swath bathymetric survey across the area(s) within the Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring as may be agreed to ensure scour equilibrium has been reached and that the cables have been buried;

(e) side scan sonar and bathymetry survey(s) within the Order limits in which construction works were carried out after the first occurrence of a major storm event;

(f) appropriate marine mammal surveys covering the area(s) within the Order limits in which construction works were carried out and any wider area(s) where appropriate, as required to test predictions in the environmental statement concerning key marine mammal interests of relevance to the authorised scheme;

(g) low intensity information gathering (in conjunction with reports of fisheries catch data) within the Order limits in which construction works were carried out, to test predictions made in the environmental statement concerning impacts to elasmobranchs from electromagnetic fields;

(h) post-construction traffic monitoring in accordance with the outline navigation monitoring strategy, including the provision of reports on the results of that monitoring periodically as requested by the MCA.

(3) The undertakers must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with Natural England and JNCC.

Article 29

SCHEDULE 11 Deemed licence under the Marine and Coastal Access Act 2009 – transmission assets

PART 1 Licensed marine activities

1.—(1) In this licence—

“the 2008 Act” means the Planning Act 2008;

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

“Annex 1 Habitat” means such habitat as defined under the EU Council Directive 92/43/EEC 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. 2 and 3A described in paragraph 2 of this licence;

“CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982;

“Cefas” means the Centre for Environment, Fisheries and Aquaculture Science;

“commence” means the first carrying out of any part of the licensed activities save for pre-construction surveys and monitoring;

“condition” means a condition in Part 2 of this licence;

“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield, West Midlands, B75 7RL and any successor body to its functions;

“draft written scheme of investigation: archaeology and cultural heritage (offshore)” means the document certified as the draft written scheme of investigation: archaeology and cultural heritage (offshore) by the Secretary of State for the purposes of this Order;

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

“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order and submitted with the application;

“gravity base foundation” means a structure principally of steel, concrete, or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

“HVDC offshore converter station” means a platform with one or more decks, whether open or fully clad, accommodating electrical power transformers, AC equipment including phase reactors and AC filters, AC/DC converter with switching devices, DC equipment including DC capacitors and DC filters and associated equipment, switch gear, cooling systems, instrumentation, protection and control systems, standby electrical generation equipment, fuelling facilities, auxiliary and uninterruptible power supply systems and transformers, accommodation and/or emergency shelter, craneage, meteorological equipment, helicopter landing facilities, messing facilities, potable water storage, black water separation equipment, control hub, drainage facilities, access equipment, J-tubes, marking and lighting and other associated equipment and facilities to enable the transmission of electronic communication and the conversion and transmission of electricity;

“jacket foundation” means a steel jacket/lattice-type structure constructed of steel which is fixed to the seabed at two or more points with steel pin piles or steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment, and “discrete jacket foundation types” shall include pre-piled or post-piled jackets, three-legged or four legged jackets, or straight or battered leg jackets;

“JNCC” means the Joint Nature Conservation Committee;

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

“LAT” means lowest astronomical tide;

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

“maintain” includes inspect, maintain, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works in Part 2 of Schedule 1 (authorised project) and any component part of any wind turbine generator, offshore substation or meteorological mast described in Part 1 of Schedule 1 (authorised project) (but not including the alteration, removal or replacement of foundations) to the extent assessed in the environmental statement; and “maintenance” shall be construed accordingly;

“major storm event” means a greater than 1 in 10 year wave event within the Order limits seaward of MHWS in terms of a wave height measured from the West Gabbard Waverider buoy (WESTGAB) or any other definition as agreed with the MMO;

“Marine Management Organisation” or “MMO” means the body created under the Marine and Coastal Access Act 2009 which is responsible for the monitoring and enforcement of this licence;

“MCA” means the Maritime and Coastguard Agency;

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

“monopile foundation” means a steel pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

“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 Order limits” means the limits shown on the works plan within which the authorised scheme may be carried out;

“offshore substation” means a HVDC converter station;

“the Order” means the East Anglia ONE Offshore Wind Farm Order 2014;

“Order limits boundary coordinates plan” means the document certified as the Order limits boundary coordinates plan by the Secretary of State for the purposes of this Order;

“outline Bawdsey bed level monitoring and remediation strategy” means the document certified as the outline Bawdsey bed level monitoring and remediation strategy by the Secretary of State for the purposes of this Order;

“outline navigation monitoring strategy” means the document certified as the outline navigation monitoring strategy by the Secretary of State for the purposes of this Order;

“outline offshore operations and maintenance and monitoring plan” means the document certified as the outline offshore operations maintenance and monitoring plan by the Secretary of State for the purposes of this Order;

“suction buckets” means large diameter steel cylindrical shells which penetrate the seabed assisted by hydrostatic pressure differential for fixity of steel jacket foundations;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

“undertakers” means East Anglia ONE Limited, which is the named undertakers, or any other person who has the benefit of this Order in accordance with section 156 of the 2008 Act for such time as that section applies to that person;

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

“wind turbine generator” or “WTG” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, fixed to a foundation;

“Work No. 1” means the offshore generating stations comprising wind turbine generators, HVAC collector stations, meteorological masts and interconnecting subsea cables;

“Work No. 3B” means up to four cables and up to eight additional cable ducts laid underground from mean low water at Bawdsey Cliffs to the cable landfall; and

“works plan” means the plan certified as the works plan by the Secretary of State for the purposes of the Order.

(2) A reference to any statute, order, regulation or similar instrument shall be construed as 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) Unless otherwise indicated—

(a) all times shall be taken to be Greenwich Mean Time (GMT);

(b) all co-ordinates shall be taken to be latitude and longitude degrees and minutes to two decimal places.

(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 shall be—

(a) Marine Management Organisation

Offshore Marine Licensing

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel: [phone]

(b) Marine Management Organisation (local office)

Marine Environment Team

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

(c) Trinity House

Tower Hill

London

EC3N 4DH

Tel: [phone]

(d) The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: [phone]

(e) Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: [phone]

(f) Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: [phone]

(g) Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield

S3 8NH

Tel: [phone]

(h) English Heritage

Eastgate Court

195-205 High Street

Guildford

GU1 3EH

Tel: [phone]

(i) JNCC

Inverdee House

Baxter Street

Aberdeen

AB11 9QA

Tel: [phone].

Details of licensed marine activities

2.—(1) This licence authorises the undertakers (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) 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 and/or on or under the sea bed;

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

(2) Such activities are authorised in relation to the construction, maintenance and operation of—

• Work No. 2 – up to two HVDC offshore converter stations fixed to the seabed within the area shown on the works plan by one of two foundation types (namely jacket foundation or gravity base foundation);

• Work No. 3A – up to four HVDC export cables between Work No. 2 and MHWS consisting of subsea cables along routes within the Order limits seaward of MHWS including one or more cable crossings.

(3) And in connection with such Works No. 2 and 3A, ancillary works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

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

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

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

(d) the disposal of up to 245,000 metres³ of inert material of natural origin within the offshore Order limits produced during construction drilling and seabed preparation for foundation works and cable sandwave preparation works at disposal site reference TH23 East Anglia ONE.

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

(a) iron/steel;

(b) stone and rock;

(c) concrete;

(d) sand and gravel;

(e) plastic/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.

3.  The grid coordinates for the authorised scheme are specified below and more particularly shown on the Order limits boundary coordinates plan—

Coordinates for the Order limits seaward of MHWS

Point	Latitude (DMS)	Longitude (DMS)
1	52° 0′ 0.777″	1° 25′ 27.320″
2	52° 0′ 41.137″	1° 27′ 15.227″
3	52° 3′ 53.611″	1° 35′ 40.499″
4	52° 5′ 44.773″	1° 40′ 57.350″
5	52° 8′ 21.995″	1° 48′ 34.767″
6	52° 9′ 37.650″	1° 53′ 5.293″
7	52° 9′ 40.842″	1° 57′ 7.198″
8	52° 11′ 6.526″	2° 2′ 15.690″
9	52° 12′ 27.654″	2° 10′ 3.953″
10	52° 12′ 22.845″	2° 11′ 9.965″
11	52° 13′ 33.795″	2° 15′ 22.225″
12	52° 13′ 57.058″	2° 23′ 6.622″
13	52° 9′ 17.925″	2° 25′ 36.436″
14	52° 11′ 7.988″	2° 11′ 30.888″
15	52° 10′ 13.221″	2° 5′ 28.775″
16	52° 8′ 12.739″	1° 57′ 41.369″
17	52° 8′ 37.192″	1° 57′ 49.886″
18	52° 8′ 1.912″	1° 54′ 31.662″
19	52° 8′ 1.935″	1° 52′ 54.350″
20	52° 4′ 49.045″	1° 45′ 5.590″
21	52° 2′ 47.963″	1° 36′ 38.722″
22	52° 2′ 7.247″	1° 35′ 19.374″
23	52° 0′ 37.213″	1° 33′ 17.008″
24	51° 58′ 41.939″	1° 32′ 27.850″
25	51° 57′ 26.482″	1° 29′ 55.449″
26	51° 57′ 41.943″	1° 26′ 39.492″
27	51° 59′ 57.517″	1° 25′ 20.806″
A	52° 17′ 50.395″	2° 21′ 1.372″
B	52° 19′ 10.175″	2° 27′ 36.407″
C	52° 23′ 22.654″	2° 31′ 40.044″
D	52° 21′ 53.636″	2° 34′ 13.872″
E	52° 18′ 15.833″	2° 34′ 13.645″
F	52° 7′ 14.982″	2° 32′ 58.021″
G	52° 4′ 46.512″	2° 31′ 2.669″
H	52° 4′ 45.732″	2° 28′ 1.913″

4.  This licence shall remain in force until the authorised scheme has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 of the 2004 Act, including any modification to the programme under section 108, and the completion of such programme has been confirmed by the Secretary of State in writing.

5.  The provisions of section 72 of the 2009 Act shall apply to this licence except that the provisions of section 72(7) relating to the transfer of the licence shall only apply to a transfer not falling within article 5 (benefit of the Order).

6.  Where the words ‘unless otherwise agreed’ or ‘unless otherwise stated’ appear in the conditions in Part 2, any such agreement or statement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of MMO that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

PART 2 Conditions

Design parameters

1.  No HVDC offshore converter station forming part of the authorised scheme shall be erected within the areas hatched black on the works plan, whose coordinates are specified below and more particularly shown on the Order limits boundary coordinates plan—

Coordinates for restricted build area

Point	Latitude (DMS)	Longitude (DMS)
i	52° 17′ 29.501″	2° 21′ 18.183″
ii	52° 19′ 32.953″	2° 29′ 16.557″
iii	52° 19′ 47.657″	2° 34′ 8.460″
iv	52° 20′ 36.356″	2° 34′ 8.509″
v	52° 23′ 17.520″	2° 31′ 41.224″
vi	52° 21′ 52.244″	2° 34′ 8.586″
vii	52° 18′ 15.948″	2° 34′ 8.368″
viii	52° 20′ 36.356″	2° 32′ 52.848″
ix	52° 20′ 18.296″	2° 28′ 48.188″
x	52° 4′ 49.734″	2° 30′ 59.349″
xi	52° 4′ 48.985″	2° 28′ 5.706″

2.—(1) The total number of HVDC offshore converter stations forming part of the authorised scheme must not exceed 2.

(2) The dimensions of any HVDC offshore converter stations forming part of the authorised scheme (excluding towers, helipads, masts and cranes) must not exceed 60 metres in height when measured from LAT, 75 metres in length and 120 metres in width.

3.—(1) The total length of the cables comprising Work No. 3A must not exceed 400 kilometres.

(2) The total amount of cable protection for the cables comprising Work No. 3A must not exceed 24,000 metres³.

4.  The total amount of scour protection for the HVAC offshore collector stations forming part of the authorised scheme must not exceed 0.029 kilometres².

Notifications and inspections

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

(a) 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 15; and

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 15;

(b) within 28 days of receipt of a copy of this licence those persons referred to at paragraph (a) must provide a completed form to the MMO confirming their understanding of the terms of conditions of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 15 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 undertakers’s registered address;

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

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

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

(5) The undertakers 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 undertakers must inform the local MMO office in writing at least ten working days prior to the commencement of the licensed activities or any part of them and within ten working days of completion of any works comprised in the licensed activities.

(7) Prior to the commencement of the licensed activities the undertakers must publish in the Kingfisher Fortnightly Bulletin details of the vessel routes (if appropriate), timings and locations relating to the construction of the authorised scheme.

(8) The undertakers must ensure that—

(a) a notice to mariners is issued at least 10 working days prior to the commencement of the licensed activities or any part of them advising of the start date of Work No. 2 and the expected vessel routes from the local construction ports to the relevant location; and

(b) a second notice to mariners is issued at least 10 working days prior to the commencement of Work No. 3A (subsea export cables to MHWS) and the route of the subsea export cables.

(9) The undertakers must ensure that the notices to mariners are updated and reissued at regular intervals, and at least fortnightly, and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 11(a). Copies of all notices must be provided to the MMO.

(10) The undertakers must notify—

(a) the Hydrographic Office of both the commencement (within two weeks), progress and completion (within two weeks) 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.

Offshore safety management

6.—(1) The authorised scheme shall not commence until the Secretary of State, in consultation with the MCA, has confirmed in writing that the undertakers has taken into account and adequately addressed all MCA recommendations contained within MGN 371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes including full details of the Emergency Co-operation Plans (ERCoP) for the construction, operation and decommissioning as appropriate to the authorised scheme.

(2) The undertakers will prepare and implement a project-specific Active Safety Management System, taking account of safety and mitigation measures as referred to in the navigation risk assessment in the environmental statement.

Aids to navigation

7.—(1) The undertakers must at or near the authorised scheme during the whole period of the construction, operation, alteration, replacement or decommissioning of the authorised scheme 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.

(2) The undertakers must ensure that timely and efficient notices to mariners and other navigational warnings of the position and nature of the authorised scheme seaward of MHWS, are issued during and after the period of construction, alteration, replacement or decommissioning of the authorised scheme, such information to be promulgated to mariners in the shipping and fishing industry as well as to recreational mariners, in accordance with condition 6(8) and (9).

(3) The undertakers must notify Trinity House as soon as reasonably practicable of both the progress and completion of the authorised scheme seaward of MHWS and any aids for navigation established from time to time.

(4) The undertakers must provide reports on the availability of aids to navigation periodically as requested by Trinity House.

(5) The undertakers must colour all structures yellow from at least highest astronomical tide to a height directed by Trinity House, or must colour the structure as directed by Trinity House from time to time.

(6) In case of injury to, or destruction or decay of, the authorised scheme or any part thereof the undertakers must as soon as reasonably practicable notify Trinity House and must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct.

Chemicals, drilling and debris

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

(2) All protective coatings and paints must be suitable for use in the marine environment and, where necessary, approved by the Health and Safety Executive. The use of such coatings must accord with best environmental practice.

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

(6) The undertakers must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team.

(7) The undertakers must ensure that any waste and/or debris arising from the construction of the authorised scheme or from equipment or temporary works placed below MHWS are removed on completion of the authorised scheme.

(8) At least 10 days prior to the commencement of the licensed activities the undertakers must submit and obtain the MMO’s approval of an audit sheet covering all aspects of the construction of the authorised scheme. The audit sheet must include details of—

(a) loading facilities;

(b) vessels;

(c) equipment;

(d) shipment routes;

(e) working schedules; and

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

(9) The audit sheet must be maintained throughout the construction of the authorised scheme and any changes notified immediately in writing to the MMO.

(10) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for it shall require the undertakers to carry out a side scan sonar survey to plot all obstructions across the relevant area(s) within the offshore Order limits where construction works and related activities have been carried out. In the event that the missing material is not located, the survey area may be extended at the discretion of the MMO. Local fishermen shall be invited to send a representative to be present during the survey. Any new obstructions that the MMO believes to be associated with the authorised scheme must be removed at the undertakers’s expense.

(11) The undertakers must inform the MMO of the location and quantities of inert material disposed of each month under this licence, by submission of a disposal return by 31 January each year for the months August to January inclusive, and by 31 July each year for the months February to July inclusive.

(12) The undertakers must ensure that only inert material of natural origin, produced during construction drilling and seabed preparation for foundation works and cable sandwave preparation works shall be disposed of within the offshore Order limits (disposal site reference TH23 East Anglia ONE).

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

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

(15) The undertakers must undertake the survey agreed under condition 11(g)(iii) following the high resolution swath bathymetric survey referred to in condition 19(2)(d). Should any such obstructions be identified which may reasonably be considered to interfere with fishing the undertakers must take reasonable steps to remove them.

Force majeure

9.  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 outside of the Order limits because the safety of human life and/or of the vessel is threatened, within 48 hours full details of the circumstances of the deposit must be notified to the MMO.

Pre-construction plans and documentation

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

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

(i) the proposed location and choice of foundation of all offshore substations;

(ii) the height, length and width of all offshore substations;

(iii) the length and arrangement of all cables comprising Work No. 3A;

(iv) the dimensions of all gravity base foundations;

(v) the dimensions of all jacket foundations;

(vi) the proposed layout of all offshore substations including any exclusion zones under condition 2 and/or identified under condition 11(h)(iv);

(vii) a plan showing the indicative layout of all offshore substations including all exclusion zones (insofar as not shown in paragraph (vi)) and showing the indicative programming of particular works as set out in the indicative programme to be provided under sub-paragraph (b)(iv); and

(viii) any exclusion zones/micrositing requirements identified in any mitigation scheme pursuant to condition 11(j);

to ensure conformity with the description of Works No. 2 and 3A and compliance with conditions 1 to 5;

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

(i) the proposed construction start date;

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

(iii) proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with conditions 11(h), 17, 18 and 19; and

(iv) an indicative written construction programme for all offshore substations and cables comprised in the works at paragraph 2(2) of Part 1 (licensed marine activities) of this Schedule (insofar as not shown in paragraph (ii));

with details pursuant to paragraph (iii) to be submitted to the MMO at least six months prior to the first survey unless otherwise agreed in writing with the MMO;

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

(i) drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation works and cable sandwave preparation works;

(ii) soft start procedures with specified duration periods;

(iii) offshore substation location and installation, including scour protection;

(iv) cable installation, including cable landfall and cable protection;

(v) contractors;

(vi) vessels and vessels transit corridors; and

(vii) associated and ancillary 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;

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

(v) a fisheries liaison and coexistence plan to ensure relevant fishing fleets are notified of commencement of licensed activities pursuant to condition 6 and to address the interaction of the licensed activities with fishing activities;

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

(f) only when driven or part-driven pile foundations are proposed to be used as part of the foundation installation, a marine mammal mitigation protocol in line with JNCC guidelines for minimising acoustic disturbance to marine mammals;

(g) a cable specification and installation plan, to include—

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

(ii) a detailed cable laying plan for the Order limits, incorporating a burial risk assessment to ascertain suitable burial depths and cable laying techniques, including cable protection; and including contingency plans if burial is not achieved through preferred techniques; and

(iii) appropriate methods such as a trawl or drift net to be deployed along the offshore subsea export cables between Work No. 1 in Schedule 9 (deemed licence under the Marine and Coastal Access Act 2009 – generation assets) and mean low water mark, following the survey referred to in condition 19(2)(d) to assess any seabed obstructions resulting from burial of the export cables;

(h) a written scheme of archaeological investigation in relation to the offshore Order limits seaward of mean low water in accordance with the draft written scheme of investigation: archaeology and cultural heritage (offshore), industry good practice and in consultation with English Heritage (and, if relevant, Suffolk Coastal District Council) to include—

(i) details of responsibilities of the undertakers, 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) archaeological analysis and reporting of survey data, and timetable, which is to be submitted to the MMO within four months of any survey being completed;

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

(v) monitoring during and post construction, including a conservation programme for finds;

(vi) archiving of archaeological material; and

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

(i) a bed level monitoring and remediation plan for that area of Work No. 3B below MHWS in accordance with the outline Bawdsey bed level monitoring and remediation strategy, to include—

(i) monitoring of bed levels of London clay for the operational lifetime of the authorised scheme; and

(ii) a methodology for any remedial works in that area identified as necessary by such monitoring;

(j) a mitigation scheme for any Annex 1 features identified by the survey referred to in condition 17(2)(b);

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

(l) a coexistence statement demonstrating how the scheme design and construction methods, including cable specification, installation and armouring, reasonably avoids or mitigates effects on other marine users, including fisheries.

11.—(1) Any archaeological reports produced in accordance with condition 11(h)(iii) are to be agreed with English Heritage (and, if relevant, Suffolk Coastal District Council).

(2) The undertakers must ensure that a copy of any agreed archaeological report is deposited with the National Monuments Record, by submitting an English Heritage OASIS form with a digital copy of the report. If the report relates to the foreshore, the undertakers must notify Suffolk County Council that the OASIS report has been submitted to the National Monuments Record.

12.—(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 11 must be submitted for approval at least four months prior to the intended start of construction, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) No licensed activities shall commence until the MMO has approved in writing each programme, statement, plan, protocol or scheme required to be approved under condition 11 and the licensed activities must be carried out in accordance with the approved plans, protocols, statements, schemes and details approved under condition 11, unless otherwise agreed in writing by the MMO.

Foundation restrictions

13.  No gravity base foundations may be installed in any area of the seabed with mobile sand waves of 5 metres or more, as identified by the swath-bathymetry survey carried out under condition 17(2)(c), unless otherwise agreed in writing by the MMO.

Reporting of engaged agents, contractors and vessels

14.—(1) The undertakers must provide the following information to the MMO as soon as is reasonably practicable prior to the agent, contractor or vessel engaging in the licensed activities—

(a) the name and function of any agent or contractor appointed to engage in the licensed activities; and

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

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

Equipment and operation of vessels engaged in licensed activities

15.—(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 of this licence and (save in the case of remotely operated vehicles or vessels) must comply with sub-paragraphs (2) to (7).

(2) All motor powered vessels must be fitted with—

(a) electronic positioning aid to provide navigational data;

(b) radar;

(c) 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 vessels must exhibit signals in accordance with the requirements of the International Regulations for the Prevention of Collisions at Sea.

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

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

Pre-construction monitoring and surveys

16.—(1) The undertakers must, in discharging condition 11(b), submit details for written approval by the MMO in consultation with Natural England and JNCC of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report; and—

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

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

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

(a) appropriate surveys to determine the location, extent and composition of any benthic habitats of conservation, ecological or economic importance;

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

(c) high resolution swath-bathymetry survey(s), to include a 100% coverage and side scan sonar, of the area(s) within the Order limits in which it is proposed to carry out construction works;

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

(e) low intensity information gathering of elasmobranch populations within the Order limits in which it is proposed to carry out construction and any wider areas where appropriate, to test predictions made in the environmental statement concerning impacts to elasmobranchs from electromagnetic fields;

(f) appropriate surveys of existing marine mammal activity inside the area(s) within the Order limits in which it is proposed to carry out construction works and any wider area(s) where appropriate which is required to test predictions in the environmental statement concerning key marine mammal interests of relevance to the authorised scheme.

(3) The undertakers must carry out the surveys agreed under sub-paragraph (1) and provide the baseline report to the MMO in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO in consultation with Natural England and JNCC.

Construction monitoring

17.—(1) The undertakers must, in discharging condition 11(b), submit details for approval by the MMO in consultation with Natural England and JNCC of any proposed monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The survey proposals must specify each survey’s objectives.

(2) Construction monitoring must include traffic monitoring in accordance with the outline navigation monitoring strategy, including the provision of reports on the results of that monitoring periodically as requested by the MCA.

(3) The undertakers must carry out the surveys approved under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with Natural England and JNCC.

Post construction

18.—(1) The undertakers must, in discharging condition 11(b), submit details of approval by the MMO in consultation with Natural England and JNCC of proposed post-construction surveys, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

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

(a) appropriate surveys of any benthic communities/benthos constituting Annex 1 Habitat in whole or in part inside the area(s) within the Order limits in which construction works were carried out;

(b) if existing data is not available, appropriate surveys to validate predictions made in the environmental statement in relation to habitat creation and the ability of structures to act as vectors for non-native species;

(c) appropriate ornithological surveys covering the area(s) within the Order limits in which construction works were carried out, and any wider area(s) where appropriate, as required to test predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme;

(d) one high resolution swath bathymetric survey across the area(s) within the Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring as may be agreed to ensure scour equilibrium has been reached and that the cables have been buried;

(e) side scan sonar and bathymetry survey(s) within the Order limits in which construction works were carried out after the first occurrence of a major storm event;

(f) appropriate marine mammal surveys covering the area(s) within the Order limits in which construction works were carried out and any wider area(s) where appropriate, as required to test predictions in the environmental statement concerning key marine mammal interests of relevance to the authorised scheme;

(g) low intensity information gathering (in conjunction with reports of fisheries catch data) within the Order limits in which construction works were carried out, to test predictions made in the environmental statement concerning impacts to elasmobranchs from electromagnetic fields;

(h) post-construction traffic monitoring in accordance with the outline navigation monitoring strategy, including the provision of reports on the results of that monitoring periodically as requested by the MCA.

(3) The undertakers must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with Natural England and JNCC.

Article 32

SCHEDULE 12 Removal of important hedgerows

(1)	(2)
Area	Number of hedgerow shown on important hedgerow plan
Suffolk Coastal District	Hedgerow 1 on sheet 1
Suffolk Coastal District	Hedgerow 2 on sheet 1
Suffolk Coastal District	Hedgerow 4 on sheet 1
Suffolk Coastal District	Hedgerow 5 on sheet 1
Suffolk Coastal District	Hedgerow 6 on sheet 1
Suffolk Coastal District	Hedgerow 7 on sheet 2
Suffolk Coastal District	Hedgerow 8 on sheet 2
Suffolk Coastal District	Hedgerow 9 on sheet 3
Suffolk Coastal District	Hedgerow 10 on sheet 3
Suffolk Coastal District	Hedgerow 11 on sheet 3
Suffolk Coastal District	Hedgerow 12 on sheet 3
Suffolk Coastal District	Hedgerow 14 on sheet 3
Suffolk Coastal District	Hedgerow 15 on sheet 3
Suffolk Coastal District	Hedgerow 16 on sheet 3
Suffolk Coastal District	Hedgerow 17 on sheet 3
Suffolk Coastal District	Hedgerow 18 on sheet 3
Suffolk Coastal District	Hedgerow 19 on sheet 4
Suffolk Coastal District	Hedgerow 20 on sheet 4
Suffolk Coastal District	Hedgerow 21 on sheet 4
Suffolk Coastal District	Hedgerow 22 on sheet 4
Suffolk Coastal District	Hedgerow 23 on sheet 4
Suffolk Coastal District	Hedgerow 24 on sheet 4
Suffolk Coastal District	Hedgerow 25 on sheet 5
Suffolk Coastal District	Hedgerow 26 on sheet 5
Suffolk Coastal District	Hedgerow 27 on sheet 5
Suffolk Coastal District	Hedgerow 28 on sheet 5
Suffolk Coastal District	Hedgerow 29 on sheet 5
Suffolk Coastal District	Hedgerow 30 on sheet 5
Suffolk Coastal District	Hedgerow 31 on sheet 5
Suffolk Coastal District	Hedgerow 32 on sheet 5
Suffolk Coastal District	Hedgerow 33 on sheet 9
Suffolk Coastal District	Hedgerow 37 on sheet 6
Suffolk Coastal District	Hedgerow 38 on sheet 6
Suffolk Coastal District	Hedgerow 39 on sheet 6
Suffolk Coastal District	Hedgerow 40 on sheet 6
Suffolk Coastal District	Hedgerow 41 on sheet 6
Suffolk Coastal District	Hedgerow 42 on sheet 6
Suffolk Coastal District	Hedgerow 43 on sheet 6
Suffolk Coastal District	Hedgerow 44 on sheet 6
Suffolk Coastal District	Hedgerow 45 on sheet 6
Suffolk Coastal District	Hedgerow 46 on sheet 6
Suffolk Coastal District	Hedgerow 47 on sheet 6
Suffolk Coastal District	Hedgerow 48 on sheet 6
Suffolk Coastal District	Hedgerow 49 on sheet 6
Suffolk Coastal District	Hedgerow 50 on sheet 6
Suffolk Coastal District	Hedgerow 51 on sheet 6
Suffolk Coastal District	Hedgerow 52 on sheet 7
Suffolk Coastal District	Hedgerow 53 on sheet 7
Suffolk Coastal District	Hedgerow 54 on sheet 7
Suffolk Coastal District	Hedgerow 55 on sheet 7
Suffolk Coastal District	Hedgerow 56 on sheet 7
Suffolk Coastal District	Hedgerow 61 on sheet 7
Suffolk Coastal District	Hedgerow 62 on sheet 7
Suffolk Coastal District	Hedgerow 63 on sheet 7
Suffolk Coastal District	Hedgerow 64 on sheet 7
Suffolk Coastal District	Hedgerow 66 on sheet 7
Suffolk Coastal District	Hedgerow 67 on sheet 7
Suffolk Coastal District	Hedgerow 68 on sheet 7
Suffolk Coastal District	Hedgerow 69 on sheet 7
Suffolk Coastal District	Hedgerow 70 on sheet 7
Suffolk Coastal District	Hedgerow 71 on sheet 7
Suffolk Coastal District	Hedgerow 72 on sheet 7
Suffolk Coastal District	Hedgerow 73 on sheet 7
Suffolk Coastal District	Hedgerow 74 on sheet 7
Suffolk Coastal District	Hedgerow 75 on sheet 7
Suffolk Coastal District	Hedgerow 76 on sheet 7
Suffolk Coastal District	Hedgerow 77 on sheet 7
Suffolk Coastal District	Hedgerow 78 on sheet 7
Suffolk Coastal District	Hedgerow 79 on sheet 8
Suffolk Coastal District	Hedgerow 80 on sheet 8
Suffolk Coastal District	Hedgerow 81 on sheet 8
Suffolk Coastal District	Hedgerow 82 on sheet 8
Suffolk Coastal District	Hedgerow 83 on sheet 8
Suffolk Coastal District	Hedgerow 84 on sheet 8
Suffolk Coastal District	Hedgerow 85 on sheet 8
Suffolk Coastal District	Hedgerow 86 on sheet 8
Suffolk Coastal District	Hedgerow 87 on sheet 8
Suffolk Coastal District	Hedgerow 88 on sheet 8
Suffolk Coastal District	Hedgerow 89 on sheet 8
Suffolk Coastal District	Hedgerow 90 on sheet 8
Suffolk Coastal District	Hedgerow 91 on sheet 9
Suffolk Coastal District	Hedgerow 92 on sheet 9
Suffolk Coastal District	Hedgerow 93 on sheet 9
Suffolk Coastal District	Hedgerow 94 on sheet 9
Suffolk Coastal District	Hedgerow 95 on sheet 9
Suffolk Coastal District	Hedgerow 96 on sheet 9
Suffolk Coastal District	Hedgerow 97 on sheet 9
Suffolk Coastal District	Hedgerow 98 on sheet 9
Suffolk Coastal District	Hedgerow 99 on sheet 9
Suffolk Coastal District	Hedgerow 100 on sheet 9
Suffolk Coastal District	Hedgerow 101 on sheet 9
Suffolk Coastal District	Hedgerow 102 on sheet 9
Suffolk Coastal District	Hedgerow 103 on sheet 9
Suffolk Coastal District	Hedgerow 104 on sheet 9
Suffolk Coastal District	Hedgerow 105 on sheet 9
Suffolk Coastal District	Hedgerow 106 on sheet 9
Suffolk Coastal District	Hedgerow 107 on sheet 9
Suffolk Coastal District	Hedgerow 108 on sheet 9
Suffolk Coastal District	Hedgerow 109 on sheet 9
Suffolk Coastal District	Hedgerow 110 on sheet 9
Suffolk Coastal District	Hedgerow 111 on sheet 9
Suffolk Coastal District	Hedgerow 112 on sheet 9
Suffolk Coastal District	Hedgerow 113 on sheet 9
Suffolk Coastal District	Hedgerow 114 on sheet 9
Suffolk Coastal District	Hedgerow 115 on sheet 10
Suffolk Coastal District	Hedgerow 116 on sheet 10
Suffolk Coastal District	Hedgerow 117 on sheet 10
Suffolk Coastal District	Hedgerow 118 on sheet 10
Suffolk Coastal District	Hedgerow 119 on sheet 10
Suffolk Coastal District	Hedgerow 120 on sheet 10
Suffolk Coastal District	Hedgerow 121 on sheet 10
Suffolk Coastal District	Hedgerow 122 on sheet 10
Mid Suffolk District	Hedgerow 123 on sheet 10
Mid Suffolk District	Hedgerow 124 on sheet 10
Mid Suffolk District	Hedgerow 125 on sheet 10
Mid Suffolk District	Hedgerow 126 on sheet 10
Mid Suffolk District	Hedgerow 127 on sheet 10
Mid Suffolk District	Hedgerow 128 on sheet 11
Mid Suffolk District	Hedgerow 129 on sheet 11
Mid Suffolk District	Hedgerow 130 on sheet 11
Mid Suffolk District	Hedgerow 131 on sheet 11
Mid Suffolk District	Hedgerow 132 on sheet 11
Mid Suffolk District	Hedgerow 133 on sheet 11
Mid Suffolk District	Hedgerow 134 on sheet 11
Mid Suffolk District	Hedgerow 135 on sheet 11
Mid Suffolk District	Hedgerow 136 on sheet 11
Mid Suffolk District	Hedgerow 137 on sheet 11
Mid Suffolk District	Hedgerow 137 on sheet 11
Mid Suffolk District	Hedgerow 138 on sheet 11
Mid Suffolk District	Hedgerow 139 on sheet 11
Mid Suffolk District	Hedgerow 140 on sheet 11
Mid Suffolk District	Hedgerow 141 on sheet 11
Mid Suffolk District	Hedgerow 142 on sheet 11
Mid Suffolk District	Hedgerow 143 on sheet 11
Mid Suffolk District	Hedgerow 144 on sheet 11
Mid Suffolk District	Hedgerow 145 on sheet 11
Mid Suffolk District	Hedgerow 146 on sheet 12
Mid Suffolk District	Hedgerow 147 on sheet 12
Mid Suffolk District	Hedgerow 148 on sheet 12
Mid Suffolk District	Hedgerow 149 on sheet 12
Mid Suffolk District	Hedgerow 150 on sheet 12
Mid Suffolk District	Hedgerow 151 on sheet 12
Mid Suffolk District	Hedgerow 152 on sheet 12
Mid Suffolk District	Hedgerow 153 on sheet 12
Mid Suffolk District	Hedgerow 154 on sheet 13
Mid Suffolk District	Hedgerow 155 on sheet 13
Mid Suffolk District	Hedgerow 156 on sheet 13
Mid Suffolk District	Hedgerow 157 on sheet 13
Mid Suffolk District	Hedgerow 158 on sheet 13
Mid Suffolk District	Hedgerow 159 on sheet 13
Mid Suffolk District	Hedgerow 160 on sheet 13
Mid Suffolk District	Hedgerow 161 on sheet 13
Mid Suffolk District	Hedgerow 162 on sheet 13
Mid Suffolk District	Hedgerow 163 on sheet 13
Mid Suffolk District	Hedgerow 164 on sheet 13
Mid Suffolk District	Hedgerow 165 on sheet 13
Mid Suffolk District	Hedgerow 166 on sheet 13
Mid Suffolk District	Hedgerow 167 on sheet 13
Mid Suffolk District	Hedgerow 168 on sheet 13

(1)

S.I. 2009/3015.

(2)

S.I. 2010/490. There are amendments to these Regulations which are not relevant to this Order.

(3)

1973 c.26.

(4)

S.I. 2014/1599.

(5)

1989 c.29. Section 64(1) was amended by section 108 and paragraphs 24, 38(1), (3) of Part II of Schedule 6 of the Utilities Act 2000.

(6)

1986 c.44. 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 (c.27).

(7)

1991 c.56.

(8)

See section 106.

(9)

1984 c.12.

(10)

1993 c.43.

(11)

2006 c.46.

(12)

1990 c.8.

(13)

2009 c.23.

(14)

OJ No L 206, 22.7.93, p7.

(15)

S.I. 2002/1355 as amended by S.I. 2011/982.