1. The authorised project must commence no later than the expiration of five years beginning with the date this Order comes into force.
2.—(1) Subject to paragraph (3), wind turbine generators forming part of the authorised project must not—
(a)exceed a height of 247 metres when measured from LAT to the tip of the vertical blade;
(b)exceed a height of 150.6 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 220 metres;
(d)be less than 675 metres from the nearest wind turbine generator in either direction perpendicular to the approximate prevailing wind direction (crosswind) or be less than 900 metres from the nearest wind turbine generator in either direction which is in line with the approximate prevailing wind direction (downwind);
(e)have a draught height of less than 22 metres from MHWS.
(2) The number of turbines with a draught height of less than 24m from MHWS comprised in the authorised project must not exceed 52 turbines
(3) References to the location of a wind turbine generator in paragraph (1) and (2) above are references to the centre point of that turbine.
3.—(1) The total number of offshore electrical stations forming part of the authorised project must not exceed six, the total number of accommodation platforms must not exceed one and the total number of meteorological masts must not exceed two.
(2) The dimensions of any offshore electrical stations forming part of the authorised project (excluding towers, helipads, masts and cranes) must not exceed 70 metres in height when measured from LAT, 80 metres in length and 120 metres in width.
(3) The dimensions of any accommodation platform forming part of the authorised project must not exceed 60 metres in height when measured from LAT, 70 metres in length and 70 metres in width.
(4) Each meteorological mast must not exceed a height of 160 metres above LAT.
(5) Each meteorological mast must not have more than one supporting foundation.
(6) The dimensions of any buoy forming part of the authorised project must not exceed 6 metres in height (excluding any apparatus or equipment fixed to the buoy), 4 metres in length and 4 metres in width and the anchor footprint must not exceed 4m².
(7) Offshore platforms forming part of the authorised project must not be erected within the platform exclusion zone, whose co-ordinates are specified below—
| Point | Latitude (DMS) | Longitude (DMS) | Point | Latitude (DMS) | Longitude (DMS) |
|---|---|---|---|---|---|
| 1 | 52° 30′ 20.0268″N | 2° 48′ 33.264″E | 3 | 52° 32′ 10.4568″N | 2° 45′ 31.9572″E |
| 2 | 52° 31′ 32.0664″N | 2° 45 ′ 31.8672″E | 4 | 52° 30′ 48.7369″N | 2° 48′ 57.7512″E |
(8) In the case of two offshore phases, each phase must comprise —
(a)an offshore wind turbine generating station with a gross electrical output capacity of up to 600 MW comprising up to 86 wind turbine generators;
(b)up to one accommodation platform (which may be constructed under one or other phase, but not under both phases);
(c)up to two meteorological masts (one or both of which may be constructed under either phase, but not two under both phases);
(d)up to 12 buoys fixed to the sea bed (some or all of which may be constructed under either phase but not all under both phases);
(e)a network of subsea inter-array cables; and
(f)up to 3 offshore electrical stations.
4.—(1) The total length of the cables and the volume of their cable protection must not exceed the following—
| Work | Length | Cable protection |
|---|---|---|
| Work No. 1(e) (inter-array) | 550 kilometres | 49,500 m3 |
| Work No. 3 (platform link) | 240 kilometres | 28,480 m3 |
| Work No. 4 (interconnection) | 380 kilometres | 47,960 m3 |
| Work No. 5A (export cable) | 664 kilometres | 81,260 m3 |
5.—(1) In relation to a wind turbine generator, each gravity base foundation must not have—
(a)a diameter at the level of the seabed which is more than 60 metres;
(b)a base height, where there is a flat base and a cylindrical shaft, which is more than 12 metres above the level of the seabed;
(c)a base height, where there is a conical base, which is more than 2 metres above the level of the seabed;
(d)a column diameter, where there is a flat or conical base, which is more than 9 metres at LAT.
(2) In relation to a wind turbine generator, each suction caisson foundation must not have—
(a)a diameter at the level of the seabed which is more than 30 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 9 metres at LAT.
(3) In relation to a wind turbine generator, each jacket foundation must not have—
(a)a width spacing between its legs at the level of the seabed which is more than 43.5 metres;
(b)a pile diameter which is more than 4 metres in the case of pin piles or a suction caisson diameter which is more than 10 metres;
(c)more than one pile per leg or more than one suction caisson per leg;
(d)more than four legs.
(4) In relation to a wind turbine generator, each monopile foundation forming part of the authorised development must not have a diameter which is more than 12 metres.
6.—(1) In relation to a meteorological mast, each gravity base foundation must not have a diameter at the level of the seabed which is more than 20 metres.
(2) In relation to a meteorological mast, each suction caisson foundation must not have a diameter at the level of the seabed which is more than 15 metres.
(3) In relation to a meteorological mast, each jacket foundation must not have a footprint at the seabed which is more than 625 m2.
(4) In relation to a meteorological mast, each monopile foundation forming part of the authorised development must not have a diameter which is more than 8 metres.
7.—(1) In relation to an offshore electrical station, each gravity base foundation must not have a footprint at the seabed which is more than 8,011 m2.
(2) In relation to an offshore electrical station, each jacket foundation must not have—
(a)a footprint at the seabed which is more than than 15,855 m2;
(b)more than one pile per leg or more than one suction caisson per leg.
8.—(1) In relation to any accommodation platform, each gravity base foundation must not have a footprint of more than 15,855 m2.
(2) In relation to any accommodation platform, each jacket foundation must not have—
(a)a footprint at the seabed which is more than than 15,855 m2;
(b)more than one pile per leg or more than one suction caisson per leg.
9. The total amount of scour protection for the wind turbine generators, accommodation platform, meteorological masts and offshore electrical stations forming part of the authorised project must not exceed 2,673,260 m2.
10. No offshore works may commence until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) of the 2004 Act has been submitted to the Secretary of State for approval.
11.—(1) The connection works may not be commenced until a written scheme setting out the stages of the connection works has been submitted to, and approved by, the relevant planning authority
(2) Work No. 67 may not be commenced until a written scheme setting out whether it is to be carried out in a single onshore phase or in two onshore phases has been submitted to, and approved by, the relevant planning authority.
(3) In the event that Work No. 67 is to be carried out in two onshore phases, at least 14 days’ prior notice of commencement of the second onshore phase must be given to the relevant planning authority.
(4) The written schemes specified in paragraphs (1) and (2) must be implemented as approved by the relevant planning authority.
12.—(1) The total number of buildings housing the principal electrical equipment for an onshore substation comprised in Work No.67 must not exceed two.
(2) Construction works for the buildings referred to in paragraph (1) above must not commence until details of the layout, scale and external appearance of the same have been submitted to and approved by the relevant planning authority. The onshore substations must be carried out in accordance with the approved details.
(3) Any details provided by the undertaker pursuant to paragraph (2) must accord with the design and access statement and be within the Order limits.
(4) Buildings comprised in Work No. 67 must not exceed a height of 25 metres above existing ground level and external electrical equipment comprised in Work No. 67 must not exceed a height of 15 metres above existing ground level.
(5) For the purposes of this requirement ‘existing ground level’ means 54 metres above ordnance datum.
(6) The total footprint of the buildings housing the principal electrical equipment for an onshore substation comprised in Work No. 67 must not exceed 116 metres in length and 85 metres in width.
(7) The fenced compound area (excluding its accesses) for the onshore substations comprised in Work No. 67 must not exceed 3.04ha.
(8) In relation to the kiosks to be located within the onshore cable corridor—
(a)No stage of the connection works may commence until for that stage details of the 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 metre in height; and
(c)the kiosks must be constructed in accordance with the approved details.
(9) The footprint of the construction consolidation sites must not exceed the following—
(a)3,600 m2 in the case of a primary construction consolidation site; or
(b)1,200 m2 in the case of a secondary construction consolidation site.
(10) In the event that Work No. 67 is to be carried out in two onshore phases neither phase must comprise more than one onshore substation.
(11) The footprint of each jointing bay compound must not exceed 3,740 m2.
(12) The total length of the haul road must not exceed 18.05 kilometres.
13.—(1) No part of Work No. 5B, Work No. 6 or Work No. 7 may commence until a method statement for the construction of Work No. 5B, Work No. 6 or Work No. 7 has been submitted to and approved by the relevant planning authority in consultation with Natural England.
(2) The method statement referred to in paragraph (1) must include measures to minimise the impact of the works on cliff stability and coastal erosion as well as proposals for ongoing inspection and maintenance of those works during the operation of the authorised project.
(3) The method statement must be implemented as approved.
14.—(1) No stage of the connection works may 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 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. 64, Work No. 68 and/or Work No 69;
(l)maintenance of the landscaping, including irrigation arrangements in relation to Work No. 64, Work No. 65, Work No. 68 and/or Work No. 69; and
(m)soil retention, handling and protection.
(3) The landscaping management scheme must be implemented as approved.
15.—(1) All landscaping works must be carried out in accordance with the landscaping management schemes approved under requirement 14 (provision of landscaping), 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 Nos. 64, 65, 68 and 69, for which the relevant period is 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.
16.—(1) No stage of the connection works may 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 paragraph (1) above 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 project.
(3) No stage of the connection works may commence until for that stage, a scheme of traffic management measures (in accordance with table 2 of the outline traffic management plan) has been submitted to, and approved by the relevant planning authority in consultation with the relevant highway authority. The scheme must describe whether the proposed measures are to be temporary or permanent.
(4) The traffic management measures must be carried out in accordance with the approved details.
17.—(1) No stage of the connection works may commence 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 an onshore substation must be completed before that onshore substation is brought into use and maintained for the operational lifetime of the onshore substation.
18.—(1) No stage of the connection works may commence 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 paragraph (1) must accord with the proposals for a surface water and drainage management plan contained in the outline code of construction practice and include a surface water drainage scheme for Work No. 67, 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.
19.—(1) Work No. 41 must not commence until a written scheme applicable to that work, 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 written scheme referred to in paragraph (1) must be implemented as approved.
20.—(1) No stage of the connection works may commence until for that stage a written scheme of archaeological investigation (which accords with the outline written scheme of investigation (onshore)) has, after consultation with Historic England and Suffolk County Council, been submitted to and approved by the relevant planning authority.
(2) In the event that site investigation is required, 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) In the event that site investigation is required, 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.
21.—(1) No stage of the connection works may commence 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 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.
(3) Construction works between Ferry Road and the River Deben must be carried out in accordance with the embedded mitigation relating to onshore ornithology contained in Table 2 of the outline landscape and ecological management strategy, which must be incorporated into the ecological management plan.
22.—(1) No stage of the connection works may commence until for that stage a code of construction practice (which must accord with the outline code of construction practice) has been submitted to and approved by the relevant local planning authority, in consultation with the relevant highway authority.
(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;
(i)a project community and public relations procedure;
(j)a public rights of way management plan; and
(k)a project environmental management plan.
(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.
23.—(1) No stage of the connection works may commence until written details of any external lighting to be installed in connection with that stage (which includes any relevant measures identified in the artificial light emissions plan contained in the outline code of construction practice), 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 must be installed in accordance with the approved details and retained for the duration of the construction period for that stage.
(2) Any means of construction lighting approved under paragraph (1) above must be removed on completion of the relevant stage of the connection works.
(3) Work No. 67 must not be commenced until a written scheme for the management and mitigation of artificial light emissions during the operation of Work No. 67, including measures to minimise lighting pollution and the hours of lighting, has been submitted to and approved 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. 67.
24.—(1) No stage of the connection works may commence until a noise and vibration management scheme for construction of that stage (which must accord with the written scheme for noise and vibration management contained in the outline code of construction practice) 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.
25.—(1) Construction work for the connection works must only take place between 0700 hours and 1900 hours Monday to Saturday, with no activity on Sundays or bank holidays, except as specified in paragraph (2).
(2) Outside the hours specified in paragraph (1), construction work may be undertaken for essential and non-intrusive activities including but not limited to:
(a)continuous periods of operation that are required as assessed in the environmental statement, such as concrete pouring;
(b)fitting out works associated with the onshore substation(s) comprised within Work No. 67;
(c)delivery to the connection works of abnormal loads that may cause congestion on the local road network;
(d)connection works carried out on the foreshore;
(e)daily start up or shut down;
(f)electrical installation; and
(g)non-destructive testing.
(3) All construction work undertaken in accordance with paragraph (2)(a) to (d) must be agreed with the relevant planning authority in writing in advance, and must be carried out within the agreed time.
26.—(1) No part of Work No. 67 may commence until written details that provide for the insulation of that part against the transmission of noise and vibration have been submitted to and approved by the relevant planning authority. Work No. 67 must thereafter be implemented in accordance with the approved details.
(2) The rating level of operational noise immissions (including any relevant penalties for tonal or impulsive noise in accordance with BS4142:2014) from Work No. 67 alone (including transformers, air handling units and cooling fans) must not exceed 5dB above the background (LA90,1hr) level during the daytime (07:00 – 23:00) and 35 dB LAeq,15 min during the night time (23:00 – 07:00) at Bullenhall Farm (610287, 246601) Hill Farm (609088, 245652) and Woodlands Farm (609597, 246806).
(3) Sub-paragraph (2) does not apply to any emergency event, maintenance and repairs or to any commissioning or testing event previously notified to the relevant planning authority.
(4) Within three months of the completion of commissioning of any part of Work No. 67, the undertaker must submit measurements to the relevant planning authority taken in the vicinity of the relevant property or properties specified at sub-paragraph (2) to confirm the rating level of operational noise immissions do not exceed the levels specified in sub-paragraph (2), including details of any remedial works and a programme of implementation should the immissions exceed the stated levels.
(5) Measurements must be undertaken in accordance with the equipment specifications, measurement procedures and monitoring equipment positioning guidelines outlined in BS 4142:2014.
(6) 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.
27.—(1) No stage of the connection works may commence until for that stage 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 paragraph (1) must be implemented upon commencement of the relevant stage of the connection works.
28.—(1) Work Nos. 1, 2, 3, 4 or 5A must not 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 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 project.
(2) For the purposes of this requirement—
“relevant planning authority” and “relevant highway authority” mean the planning or highway authority or authorities in whose area the relevant port is located;
“selected base port” or “ports” means a port or ports situated in England and/or Wales; and
“base port” means the port used by management personnel for construction of the authorised project and for the ongoing operational management of the authorised project.
29.—(1) No stage of the connection works may commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by 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 by the relevant planning authority. The connection works must 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 of Habitats and Species Regulations 2010(1).
30. 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, save that if approved by the relevant local planning authority Work No. 65 may be retained between any phases of construction works for Work No.67.
31.—(1) Within three months of the cessation of commercial operation of the connection works an onshore decommissioning plan must be submitted to and approved by the relevant planning authority.
(2) The decommissioning plan must be implemented as approved.
32.—(1) The undertaker must exhibit such lights, with such shape, colour and character as are required in writing by Air Navigation Order 2009(2) and determined necessary for aviation safety in consultation with the Defence Infrastructure Organisation Safeguarding and as directed by the Civil Aviation Authority.
(2) The undertaker 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.
33.—(1) No construction of any radar line of sight wind turbine generator (RLSWTG) forming part of the authorised development and within radar line of sight of the air defence radar at Remote Radar Head (RRH) Trimingham may commence until the Secretary of State having consulted with the Ministry of Defence confirms satisfaction in writing that appropriate mitigation will be implemented and maintained for the life of the authorised development and that arrangements have been put in place with the Ministry of Defence to ensure that such appropriate mitigation is implemented.
(2) For the purposes of this requirement—
(a)“appropriate mitigation” means measures to prevent or remove any adverse effects which the operation of the authorised development will have on the air defence radar at Remote Radar Head (RRH) Trimingham and the Ministry of Defence’s air surveillance and control operations;
(b)“approved mitigation” means the appropriate mitigation measures agreed with the Ministry of Defence at the time the Secretary of State confirms satisfaction in writing in accordance with sub-paragraph (1);
(c)“Ministry of Defence” means the Ministry of Defence as represented by Defence Infrastructure Organisation – Safeguarding, Kington Road, Sutton Coldfield, B75 7RL or any successor body;
(d)“RLSWTG” means a wind turbine generator which exceeds the following heights when measured above Mean Sea Level (Newlyn) to the tip of the vertical blade—
(i)193 metres in area A;
(ii)207 metres in area B;
(iii)223 metres in area C;
(e)“areas A, B and C” means the areas defined by radar line of sight radii shown on the radar line of sight coverage plan.
(3) The undertaker must thereafter comply with all other obligations contained within the approved mitigation for the life of the authorised development.
34. 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.
35.—(1) With respect to any requirement which requires the authorised project 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 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 must be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority or that other person.
36.—(1) In the event that any temporary works which have been constructed pursuant to the East Anglia ONE Order are proposed to be reused by the undertaker in connection with the authorised project, such reuse may not commence until a scheme which accords with paragraph (2) has been submitted to and approved by the relevant planning authority.
(2) The scheme to be submitted for approval under paragraph (1) must include:
(a)details of the temporary works to be reused which must accord with the parameters for temporary works contained at requirement 12;
(b)a timetable and details for the removal of such part of the temporary works which do not accord with the parameters for temporary works contained at requirement 12;
(c)details of any transferee to whom the temporary works have been transferred pursuant to Article 5 of the East Anglia ONE Order as well as the date of such transfer; and
(d)proposals to notify the relevant planning authority of any subsequent transfers pursuant to Article 5 of the East Anglia ONE Order pending reinstatement of the reused temporary works in accordance with requirement 28 of the East Anglia ONE Order.
(3) The scheme must be implemented as approved.
37. Notwithstanding the definition of “commence” in Article 2(1), site clearance works landward of MHWS and archaeological investigations within Work Number 67 may only be carried out by the undertaker before commencement, in circumstances where the undertaker has provided notice in writing to the relevant planning authority of its intention to carry out such works and investigations and:
(i)the relevant planning authority has provided a written determination that the notified works and investigations can take place; or
(ii)no response has been received by the undertaker within 15 working days of the date of notification of such works and investigations.