1.—(1) In this licence—
“2004 Act” means the Energy Act 2004;
“2009 Act” means the Marine and Coastal Access Act 2009;
“Annex 1 habitat” means a habitat set out in Annex 1 to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;
“authorised deposits” means the substances and articles specified in paragraph 2(3);
“authorised scheme” means Works No. 1A, 2A, 3A and 2T described in paragraph 2 or any part or phase of those works;
“cable crossings” means the crossing of existing subsea cables and pipelines by the inter-array, interconnecting or export cables authorised by the Order together with physical protection measures including cable protection;
“cable protection” means any measures to protect cables and prevent loss of seabed sediment, for example by use of grout bags, protective aprons, mattresses, flow energy dissipation devices or rock and gravel burial;
“combined platform” means a single offshore platform constructed in an array area comprising 2 or more of the following—
an offshore collector platform;
an offshore converter platform;
an offshore accommodation or helicopter platform;
“commence” means the first carrying out of any part of the licensed activities except for the pre-construction surveys and monitoring; and “commencement” must be construed accordingly;
“Condition” means a condition in Part B;
“draft fisheries liaison plan” means the document certified as the draft fisheries liaison plan by the Secretary of State for the purposes of the Order;
“enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of the 2009 Act;
“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order and submitted with the application together with any supplementary or further environmental information submitted in support of the application;
“gravity base foundation” means a foundation type which rests on the seabed and supports the wind turbine generator, meteorological station or offshore platform primarily due to its own weight and that of added ballast, with or without skirts or other additional fixings, which may include associated equipment including J-tubes and access platforms and separate topside connection structures or an integrated transition piece. (Sub-types for wind turbine generators and meteorological stations include conical gravity base and flat-based gravity base. Sub-types for platforms include offshore platform conical or flat-base gravity base foundations and offshore platform semi-submersible gravity base foundations);
“HAT” means highest astronomical tide;
“HVAC” means high voltage alternating current;
“HVDC” means high voltage direct current;
“In Principle Monitoring Plan” means the document certified as the In Principle Monitoring Plan by the Secretary of State for the purposes of the Order;
“Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO;
“licensed activities” means the activities specified in this Part;
“maintain” includes inspect, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works in Part 2 of Schedule 1 (ancillary works) to the Order and any component part of any offshore platform, meteorological station, electricity or communication cable described in Part 1 of that Schedule (authorised development) (but not including the removal or replacement of foundations) to the extent outlined within the post-construction maintenance plan; and “maintenance” must be construed accordingly;
“MCA” means the Maritime and Coastguard Agency;
“MHWS” (mean high water springs) means the highest level which spring tides reach on average over a period of time;
“MLWS” (mean low water springs) means the average of the low water heights occurring at the time of spring tides;
“MMO” means the Marine Management Organisation;
“multi-leg foundation” means foundation options based around structures with several legs or footings. This includes jackets, tripods, and other structures which include multiple large tubulars, cross-bracing, or lattices. Multi-leg foundations may be fixed to the seabed by footings which are driven, drilled, screwed, jacked-up or embedded into the seabed by means such as suction or gravity. (Sub-types for wind turbine generators and meteorological stations include multi-legs with driven piles, drilled piles, screw piles, suction buckets or jack-up foundations. Sub-types for platforms include offshore platform jacket foundations (potentially using driven piles, suction buckets or screw piles) and offshore platform jack-up foundations);
“notice to mariners” includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;
“offshore collector platform” means a platform (either singly or as part of a combined platform) housing or incorporating electrical switchgear or electrical transformers, electrical systems such as metering and control systems, J-tubes, landing facilities for vessels and helicopters, re-fuelling facilities, accommodation for staff during the construction, operation and decommissioning of the authorised scheme, communication and control systems, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;
“offshore converter platform” means a platform (either singly or as part of a combined platform) housing or incorporating HVDC electrical switchgear or electrical transformers and other equipment to enable HVDC transmission to be used to convey the power output of the multiple wind turbine generators to shore including electrical systems such as metering and control systems, J-tubes, landing facilities for vessels and helicopters, re-fuelling facilities, accommodation for staff during the construction, operation and decommissioning of the authorised scheme, communication and control systems, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;
“offshore Order limits plan” means the plans certified as the offshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;
“offshore platform” means any of the following—
an offshore accommodation or helicopter platform;
an offshore collector platform;
an offshore converter platform;
a combined platform;
“onshore Order limits plan” means the plans certified as the onshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;
“Order” means the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015;
“Order limits” means the limits shown on the offshore and onshore Order limits plans;
“outline maintenance plan” means the document certified as the outline maintenance plan by the Secretary of State for the purposes of the Order;
“scour protection” means protection against foundation scour and subsea damage, for example from trawling, through reinforcement measures and measures to prevent loss of seabed sediment around foundation bases. These measures include the use of bagged solutions filled with grout or other materials, protective aprons, mattresses, flow energy dissipation devices and rock and gravel burial;
“undertaker” means Doggerbank Project 1 Bizco Limited (company number 7791991) whose registered office is 55 Vastern Road, Reading, Berkshire RG1 8BU;
“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water.
(2) In this licence, a reference to any statute, order, regulation or similar instrument is a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.
(3) In this licence, unless otherwise indicated,—
(a)all times are Greenwich Mean Time (GMT);
(b)all co-ordinates are latitude and longitude decimal degrees to 6 decimal places. The datum system used is WGS84.
(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below, and the address for returns and correspondence, is—
(a)Marine Management Organisation
Marine Licensing Team
Lancaster House
Hampshire Court
Newcastle-upon-Tyne NE4 7YH
Email: marine.consents@marinemanagement.org.uk
Tel: 0300 123 1032;
(b)Trinity House
Tower Hill
London EC3N 4DH
Tel: 020 7481 6900;
(c)United Kingdom Hydrographic Office
Admiralty Way
Taunton
Somerset TA1 2DN
Tel: 01823 337 900;
(d)Maritime and Coastguard Agency
Navigation Safety Branch
Bay 2/04
Spring Place
105 Commercial Road
Southampton SO15 1EG
Tel: 023 8032 9191;
(e)Centre for Environment, Fisheries and Aquaculture Science
Pakefield Road
Lowestoft
Suffolk NR33 0HT
Tel: 01502 562 244;
(f)Natural England
Foundry House
3 Millsands
Riverside Exchange
Sheffield S3 8NH
Tel: 0300 060 4911;
(g)JNCC
Inverdee House
Baxter Street
Aberdeen AB11 9QA
Tel: 01224 266 550;
(h)English Heritage
37 Tanner Row
York YO1 6WP
Tel: 01904 601901.
(5) For information only, the details of the local MMO office to the authorised scheme is—
Marine Management Organisation
Northern Marine Area
Neville House
Central Riverside
Bell Street
North Shields
Tyne and Wear NE30 1LJ
Tel: 0191 257 4520.
2.—(1) This licence authorises the undertaker (and any agent or contractor acting on its behalf) to carry out the following licensable marine activities under Part 4 of the 2009 Act, subject to the Conditions—
(a)the deposit at sea of the substances and articles specified in sub-paragraph (3);
(b)the construction of works in or over the sea or on or under the sea bed including the removal, reconstruction or alteration of the position of subsea cables and pipelines; and
(c)the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation.
(2) Subject to sub-paragraphs (5) and (6), such activities are authorised in relation to the construction, maintenance and operation of—
Work No. 1A—
an offshore wind turbine generating station with a gross electrical output capacity of up to 1.2 gigawatts comprising up to 200 wind turbine generators each fixed to the seabed by monopole, multi-leg or gravity base type foundations situated within the co-ordinates of the array area specified in the Table 1A;
| Point | Latitude (decimal degrees) | Longitude (decimal degrees) |
|---|---|---|
| CBA-1 | 54.835241 | 1.633573 |
| CBA-2 | 54.838412 | 2.174407 |
| CBA-3 | 54.808700 | 2.227327 |
| CBA-4 | 54.659286 | 1.976949 |
| CBA-5 | 54.741685 | 1.632884 |
up to 7 offshore platforms comprising the following—
up to 4 offshore collector platforms situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations;
1 offshore converter platform situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations; and
up to 2 offshore accommodation or helicopter platforms situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations,
provided that any of the platforms comprised in Work No. 1A(b)(i) to (iii) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations;
up to 5 meteorological stations situated within the co-ordinates of the array area specified in Table 1A either fixed to the seabed by monopole, multi-leg or gravity base type foundations or utilising a floating support structure anchored to the seabed; and
a network of cables for the transmission of electricity and electronic communications laid on or beneath the seabed including cable crossings between—
any of the wind turbine generators comprising Work No. 1A(a);
any of the wind turbine generators comprising Work No. 1A(a) and any of the works comprising Work No. 1A(b) or (c); and
any of the works comprising Work No. 1A(b) to and any of the works comprising Work No. 1A(c); and
the offshore converter platform comprising Work No. 1A(b)(ii) or the combined platforms referred to in Work No. 1A(b) and the export cable route in Work No. 2A;
Work No. 2A – up to 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications, laid on or beneath the seabed between the offshore converter platform comprising Work No. 1A(b)(ii) or the combined platforms referred to in Work No. 1A(b) and Work No. 3A including cable crossings and situated within the co-ordinates of the export cable corridor area specified in the offshore Order limits plan;
Work No. 3A – up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications between MLWS and MHWS and connecting Work No. 2A with Work No. 4A;
Work No. 2T – a temporary work area for vessels to carry out intrusive activities during construction, including vessels requiring anchor spreads alongside the cable corridors; and
Ancillary works in connection with the above-mentioned works comprising—
temporary landing places, moorings or other means of accommodating vessels in the construction or maintenance of the authorised scheme;
temporary or permanent buoys, beacons, fenders and other navigational warning or ship impact protection works;
temporary works for the protection of land or structures affected by the authorised scheme;
cable protection, scour protection or dredging; and
cable route preparation works including boulder removal and obstruction clearance, dredging and pre-sweeping.
(3) The substances or articles authorised for deposit at sea are—
(a)iron, steel and aluminium;
(b)stone and rock;
(c)concrete and grout;
(d)sand and gravel;
(e)plastic and synthetic;
(f)material extracted from within the offshore Order limits during construction drilling and seabed preparation for foundation works and cable sandwave preparation works; and
(g)marine coatings, other chemicals and timber.
(4) This licence does not permit the decommissioning of the authorised scheme. No decommissioning activity must commence until a decommissioning programme has been approved by the Secretary of State under section 106 of the 2004 Act. Furthermore, at least 4 months before carrying out any such works, the undertaker must notify the MMO of the proposed decommissioning activity to establish whether a marine licence is required for such works.
(5) This licence does not permit the construction of Work No. 1A(a).
(6) This licence and Marine Licence 1 (as defined in the Order), when taken together, do not authorise the construction of more than 1 Work No. 1A or the construction of Work No. 1A in excess of the maximum parameters for that Work set out in Schedule 1 to the Order.