PART 1 Preliminary

Citation and commencement
1. This Order may be cited as the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 and comes into force on 9th May 2024.

Interpretation
2. (1) In this Order—
“the 1961 Act” means the Land Compensation Act 1961;
1961 c. 33.
“the 1965 Act” means the Compulsory Purchase Act 1965;
1965 c. 56.
“the 1980 Act” means the Highways Act 1980;
1980 c. 66.
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981;
1981 c. 66.
“the 1989 Act” means the Electricity Act 1989;
1989 c. 29.
“the 1990 Act” means the Town and Country Planning Act 1990;
1990 c. 8.
“the 1991 Act” means the New Roads and Street Works Act 1991;
1991 c. 22.
“the 2003 Act” means the Communications Act 2003;
2003 c. 21.
“the 2004 Act” means the Energy Act 2004;
2004 c. 20.
“the 2008 Act” means the Planning Act 2008;
2008 c. 29.
“the 2009 Act” means the Marine and Coastal Access Act 2009;
2009 c. 23.
“the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016;
S.I. 2016/1154.
“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;
S.I. 2017/1012.
“A47 Tuddenham Order” means the North Tuddenham to Easton Development Consent Order 2022;
S.I. 2022/911.
“A47 Tuddenham Scheme” means the highways scheme to be constructed pursuant to the A47 Tuddenham Order;
“access to works plan” means the plan or plans certified as the access to works plan or plans by the Secretary of State under article 37 (certification of plans and documents, etc.);
“ancillary works” means the ancillary works described in Part 2 (ancillary works) of Schedule 1 (authorised project) and any other works authorised by this Order and which are not development within the meaning of section 32 of the 2008 Act;
“authorised development” means the development and associated development described in Part 1 (authorised development) of Schedule 1 and any other development authorised by this Order that is development within the meaning of section 32 of the 2008 Act;
“authorised project” means the authorised development and the ancillary works;
“book of reference” means the document certified as the book of reference by the Secretary of State under article 37 (certification of plans and documents, etc.);
“building” includes any structure or erection or any part of a building, structure or erection;
“buoy” means any floating device used for navigational purposes or measurement purposes including LiDAR buoys, wave buoys and guard buoys;
“cable” means any onshore or offshore cable and includes direct-lay cables and cables laid in cable ducts;
“cable circuit” means a number of electrical conductors necessary to transmit electricity between two points within the authorised development comprising for HVAC transmission three conductors which may be bundled as one cable or take the form of three separate cables and the circuit may include one or more auxiliary cables (normally fibre optic cables) for the purpose of control, monitoring, protection or general communications;
“cable crossing” means a crossing of existing subsea cables or pipelines or other existing infrastructure by a cable or, where cables run together in parallel, a set of cables authorised by this Order together with physical protection measures including rock placement or other cable protection;
“cable ducts” means conduits for the installation of cables;
“cable protection” means measures to protect cables from physical damage and exposure due to loss of seabed sediment including, but not limited to, rock placement, mattresses with or without frond devices, protective aprons or coverings, bagged solutions filled with sand, rock, grout or other materials and protective shells;
“carriageway” has the same meaning as in the 1980 Act;
“commence” means either—
(a) in relation to works seaward of MHWS, the first carrying out of any licensed marine activities authorised by the deemed marine licences, save for pre-construction surveys and monitoring approved under the deemed marine licences; or
(b) in respect of any other works, the first carrying out of any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised project except for pre- commencement works;
and the words “commence” and “commencement” must be construed accordingly;
“commercial operation” means in relation to any part of the authorised project, the exporting, transmission or conversion, on a commercial basis, of electricity;
“construction compound” means a temporary construction area associated with the onshore works including (as required) but not limited to hardstanding, temporary fencing, lighting, ground preparation, site offices and workshop facilities, general storage, storage of plant, storage of spoil, cable drums, ducting and other construction materials; welfare facilities; car parking; waste management, lay-down areas; bunded generators; fuel storage or any other means of enclosure or areas required for construction purposes;
“Cromer Shoal Chalk Beds MCZ” means the Marine Conservation Zone designated by the Secretary of State under the Cromer Shoal Chalk Beds Marine Conservation Zone Designation Order 2016;
Ministerial Order 2016/4.
“crossing schedule” means the document certified as the crossing schedule by the Secretary of State under article 37 (certification of plans and documents, etc.);
“deemed marine licences” means the marine licences set out in Schedules 10 to 13;
“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire WS14 9PY and any successor body to its functions;
“DEL” means Dudgeon Extension Limited, company number 12148301, whose registered office is at 1 Kingdom Street, London W2 6BD;
“design and access statement” means the document certified as the design and access statement by the Secretary of State under article 37 (certification of plans and documents, etc.);
“DEP North” means the array extension area located to the north of DOW;
“DEP South” means the array extension area located to the south of DOW;
“DOW” means the Dudgeon Offshore Wind Farm;
“DOW section 36 consent” means the consent granted by the Secretary of State for Energy and Climate Change to Dudgeon Offshore Wind Limited for the construction and operation of DOW dated 6 July 2012 (reference 12.04.09.04/227C) (as varied);
“draft marine mammal mitigation protocol” means the document certified as the draft marine mammal mitigation protocol by the Secretary of State under article 37 (certification of plans and documents, etc.);
“Dudgeon Extension Project” means the Dudgeon Extension Project offshore works and the Dudgeon Extension Project onshore works;
“Dudgeon Extension Project offshore works” means—
(a) in the event of scenario 1, 2 or 3, Work Nos. 1B to 7B and any other authorised development associated with those works; or
(b) in the event of scenario 4, Work Nos. 1B, 2B, the integrated offshore works and any other authorised development associated with those works;
“Dudgeon Extension Project onshore works” means—
(a) in the event of scenario 1 or scenario 2, Work Nos. 8B to 22B and any other authorised development associated with those works; or
(b) in the event of scenario 3, Work Nos. 8B to 14B, the scenario 3 integrated onshore works, Work Nos. 18B to 22B, and any other authorised development associated with those works;
(c) in the event of scenario 4, Work Nos. 10B, 11B, 13B, 14B, the scenario 4 integrated onshore works, Work Nos. 18B to 22B, and any other authorised development associated with those works;
“environmental statement” means the document certified as the environmental statement by the Secretary of State under article 37 (certification of plans and documents, etc.);
“FEP phase 2 site” means the area of land on which phase 2 of the Food Enterprise Park is located, through which the Sheringham Shoal Extension Project onshore works and Dudgeon Extension Project onshore works pass, and which is shown on Figure 1 of the Supplemental Environmental Information to support the Applicant’s material change request;
“gravity base structure 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, skirts or other additional fixings, and associated equipment including scour protection, J-tubes, corrosion protection systems, access platforms and equipment and separate topside connection structures or integrated transition pieces;
“habitats regulations derogation provision of evidence, annex 2A - outline sandwich tern compensation implementation and monitoring plan” means the document certified as the habitats regulations derogation provision of evidence, annex 2A - outline sandwich tern compensation implementation and monitoring plan by the Secretary of State under article 38;
“habitats regulations derogation provision of evidence, annex 3A - outline kittiwake compensation implementation and monitoring plan” means the document certified as the habitats regulations derogation provision of evidence, annex 3A - outline kittiwake compensation implementation and monitoring plan by the Secretary of State under article 38;
“HAT” means highest astronomical tide;
“HDD” or “horizontal direction drilling” refers to a trenchless technique for installing cables and cable ducts involving drilling in an arc between two points;
“highway” has the same meaning as in section 328 of the 1980 Act;
“highway authority” has the same meaning as in the 1980 Act;
“horizontal directional drilling compound” means a construction site associated with horizontal directional drilling including hard standing, lay down and storage areas for construction materials and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas comprising water and bentonite tanks, pumps and pipes, welfare facilities including offices and canteen and washroom facilities, wheel washing facilities, workshop facilities and temporary fencing or other means of enclosure and areas for other facilities required for construction purposes;
“HVAC” means high voltage alternating current;
“in-field cable” means a subsea cable linking two or more offshore structures;
“in principle Site Integrity Plan for the Southern North Sea Special Area of Conservation” means the document certified as the in principle Site Integrity Plan for the Southern North Sea Special Area of Conservation by the Secretary of State under article 37 (certification of plans and documents, etc.);
“integrated offshore substation platform” means a single offshore substation platform to be constructed and operated for the benefit of both SEL and DEL comprised within Work No. 3C;
“integrated offshore works” means Work Nos. 3C, 4C, 5C, 6C and 7C;
“integrated onshore substation” means a single onshore HVAC substation constructed and operated for the benefit of both SEL and DEL comprised within Work No. 15C;
“integrated works” means the integrated offshore works and the scenario 3 integrated onshore works or the scenario 4 integrated onshore works;
“interlink cable” means a subsea cable linking two offshore areas;
“intrusive” means an activity that requires or is facilitated by breaking the surface of the ground (but does not include the installation of fence or signage posts);
“jacket foundation” means a lattice type structure constructed of steel, which may include scour protection and additional equipment such as J-tubes, corrosion protection systems and access platforms;
“joint bay” means an excavation located at regular intervals along the cable route consisting of a concrete flat base slab constructed beneath the ground to facilitate the jointing together of the cables;
“land plans” means the plans certified as the land plans by the Secretary of State under article 37 (certification of plans and documents, etc.);
“LAT” means lowest astronomical tide;
“lead local flood authority” has the same meaning as in section 6(7) (other definitions) of the Flood and Water Management Act 2010;
2010 c. 29.
“link box” means the underground metal box placed within a plastic or concrete pit where the metal sheaths between adjacent export cable sections are connected and earthed, installed within a ground level manhole or inspection chamber to allow access to the link box for regular maintenance or fault-finding purposes;
“maintain” includes inspect, upkeep, repair, adjust and alter and further includes remove, reconstruct and replace, (but only in relation to any of the ancillary works in Part 2 of Schedule 1 (ancillary works), any cable, any component part of any wind turbine generator, offshore electrical substation, offshore accommodation platform, meteorological mast, and the onshore transmission works described in Part 1 of Schedule 1 (authorised development) not including removal, reconstruction or replacement of foundations and buildings associated with the onshore project substation) to the extent assessed in the environmental statement; and “maintenance” must be construed accordingly;
“Marine Licence 1” means the marine licence in Schedule 10 (Marine Licence 1:– Sheringham Shoal Extension Project Offshore Generation Work No. 1A, 2A and 6A or 6C);
“Marine Licence 2” means the marine licence in Schedule 11 (Marine Licence 2: – Dudgeon Extension Project Offshore Generation Work No. 1B, 2B and 6B or 6C);
“Marine Licence 3” means the marine licence in Schedule 12 (Marine Licence 3: Sheringham Shoal Extension Project Offshore Transmission– Work Nos. 3A to 7A or 3C to 7C);
“Marine Licence 4” means the marine licence in Schedule 13 (Marine Licence 4: – Dudgeon Extension Project Offshore Transmission Work Nos. 3B to 7B or 3C to 7C;
“MCA” means the Maritime and Coastguard Agency;
“MHWS” or “mean high water springs” means the highest level that spring tides reach on average over a period of time;
“MLWS” or “mean low water springs” means the lowest level that spring tides reach on average over a period of time;
“MMO” means the Marine Management Organisation;
“monopile foundation” means a steel pile driven or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;
“National Grid substation connection works” means—
(a) in the event of scenario 1 or scenario 2, Work Nos. 16A, 16B, 17A and 17B; or
(b) in the event of scenario 3 or scenario 4, Work Nos. 16C and 17C;
“National Highways” means National Highways Limited (company number 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ or any such successor or replacement body that may from time to time be primarily responsible for the functions, duties and responsibilities currently exercised by that statutory body;
“offshore in principle monitoring plan” means the document certified as the offshore in principle monitoring plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“offshore order limits and grid coordinates plan” means the plans certified as the offshore order limits and grid coordinates plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“offshore substation platform” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and open with modular equipment or fully clad, containing—
(a) electrical equipment required to switch, transform, convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation, including high voltage power transformers, high voltage switchgear and busbars, substation auxiliary systems and low voltage distribution, instrumentation, metering equipment and control systems, standby generators, shunt reactors, auxiliary and uninterruptible power supply systems;
(b) accommodation, storage, workshop auxiliary equipment and facilities for operating, maintaining and controlling the substation or wind turbine generators, including navigation, aviation and safety marking and lighting, systems for vessel access and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities;
“offshore works” means—
(a) in the event of scenario 1, scenario 2 or scenario 3, Work Nos. 1A to 7A, 1B to 7B and any other authorised development associated with those works;
(b) in the event of scenario 4, Work Nos. 1A, 1B, 2A, 2B, the integrated offshore works, and any other authorised development associated with those works;
“onshore cable corridor” means the areas shown on the works plans (onshore) for Work Nos. 12A, 12B and 12C;
“onshore construction works” means—
(a) temporary haul roads;
(b) vehicular accesses; and
(c) construction compound(s), or if horizontal directional drilling is to be used, horizontal directional drilling compound(s);
“onshore DEP substation” means an onshore HVAC substation constructed and operated for the benefit of DEL comprised within Work No. 15B;
“onshore HVAC substation” means a compound comprising an onshore HVAC substation containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation, with external landscaping and means of access;
“onshore SEP substation” means an onshore HVAC substation constructed and operated for the benefit of SEL comprised within Work No. 15A;
“onshore works” means—
(a) in the event of scenario 1 or scenario 2, Work Nos. 8A to 22A, Work Nos. 8B to 22B and any other authorised development associated with those works; or
(b) in the event of scenario 3, Work Nos. 8A to 14A, 8B to 14B, the scenario 3 integrated onshore works, 18A to 22A, 18B to 22B and any other authorised development associated with those works; or
(c) in the event of scenario 4, Work Nos. 10A, 10B, 11A, 11B, 13A, 13B, 14A, 14B, 18A to 22A and 18B to 22B, the scenario 4 integrated onshore works and any other authorised development associated with those works;
“Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference;
“Order limits” means the limits shown on the works plans within which the authorised project may be carried out, whose grid coordinates seaward of MHWS are set out in Part 1 of Schedule 1 of this Order;
“outline Cromer Shoal Chalk Beds Marine Conservation Zone cable specification, installation and monitoring plan” means the document certified as the outline Cromer Shoal Chalk Beds Marine Conservation Zone specification, installation and monitoring plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline code of construction practice” means the document certified as the outline code of construction practice by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline construction traffic management plan” means the document certified as the outline traffic management plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline ecological management plan” means the document certified as the outline ecological management plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline landscape management plan” means the document certified as the outline landscape management plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline marine traffic monitoring plan” means the document certified as the outline marine traffic monitoring plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline project environmental management plan” means the document certified as the outline project environmental management plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline operational drainage strategy (onshore substation)” means the document certified as the outline operational drainage strategy (onshore substation) by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline public rights of way strategy” means the document certified as the outline public rights of way strategy by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline skills and employment plan” means the document certified as the outline skills and employment plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline written scheme of investigation (offshore)” means the document certified as the outline written scheme of investigation (offshore) by the Secretary of State under article 37 (certification of plans and documents, etc.);
“outline written scheme of investigation (onshore)” means the document certified as the outline written scheme of investigation (onshore) by the Secretary of State under article 37 (certification of plans and documents, etc.);
“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981;
1981 c. 67.
“pre-commencement works” means site clearance, demolition, early planting of landscaping works, archaeological investigations, environmental surveys, ecological mitigation, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, the diversion and laying of services, the erection of any temporary means of enclosure, the erection of welfare facilities, creation of site accesses and the temporary display of site notices or advertisements;
“public communications provider” has the same meaning as in section 151(1) of the 2003 Act;
“public rights of way plan” means the plans certified as the public rights of way (to be temporarily stopped up) plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“relevant planning authority” means the district planning authority for the area in which the land to which the relevant provision of this Order applies is situated;
“requirement” means a requirement set out in Schedule 2; and a reference to a numbered requirement is a reference to the requirement set out in the paragraph of the same number of that Schedule;
“scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including by the use of bagged solutions, filled with grout or other materials, protective aprons, mattresses with or without frond devices, flow energy dissipation devices and rock and gravel placement;
“SEL” means Scira Extension Limited, company number 12239260, whose registered office is at 1 Kingdom Street, London W2 6BD;
“scenario 1” means each generating station will be constructed in any one of the following ways—
(a) the construction of the Sheringham Shoal Extension Project only where the Dudgeon Extension Project does not proceed to construction;
(b) the construction of the Dudgeon Extension Project only where the Sheringham Shoal Extension Project does not proceed to construction;
(c) sequential construction where the Sheringham Shoal Extension Project is constructed first then the Dudgeon Extension Project is constructed second or vice versa; or
(d) concurrent construction of the Sheringham Shoal Extension Project and the Dudgeon Extension Project;
“scenario 2” means a sequential construction scenario in which either the Sheringham Shoal Extension Project is constructed first and SEL installs the ducts for the Dudgeon Extension Project or the Dudgeon Extension Project is constructed first and DEL installs the ducts for the Sheringham Shoal Extension Project;
“scenario 3” means—
(a) sequential or concurrent construction of Work Nos. 1A to 14A, 18A to 22A, 1B to 14B, 18B to 22B; and
(b) construction of the scenario 3 integrated onshore works; “scenario 3 integrated onshore works” means Work Nos. 15C to 17C;
“scenario 4” means—
(a) sequential or concurrent construction of Work Nos. 1A, 1B, 2A, 2B, 10A, 10B, 11A, 11B, 13A, 13B, 14A, 14B, 18A to 22A, 18B to 22B; and
(b) construction of the integrated offshore works and the scenario 4 integrated onshore works;
“scenario 4 integrated onshore works” means Works Nos. 8C, 9C, 12C, 15C, 16C and 17C;
“Sheringham Shoal Extension Project” means the Sheringham Shoal Extension Project onshore works and the Sheringham Shoal Extension Project offshore works;
“Sheringham Shoal Extension Project offshore works” means—
(a) in the event of scenario 1, 2 or 3, Work Nos. 1A to 7A and any authorised development associated with those works; or
(b) in the event of Scenario 4, Work Nos. 1A, 2A, the integrated offshore works and any other authorised development associated with those works;
“Sheringham Shoal Extension Project onshore works” means—
(a) in the event of scenario 1 or scenario 2, Work Nos. 8A to 22A and any other authorised development associated with those works; or
(b) in the event of scenario 3, Work Nos. 8A to 14A, the scenario 3 integrated onshore works, 18A to 22A and any other authorised development associated with those works; or
(c) in the event of scenario 4, Work Nos. 10A, 11A, 13A, 14A, the scenario 4 integrated onshore works, 18A to 22A and any other authorised development associated with any of those works;
“special category land plan” means the plan certified as the special category land plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“statutory historic body” means Historic England or its successor in function;
“statutory nature conservation body” means an organisation charged by the government with advising on nature conservation matters;
“statutory undertaker” means any person falling within section 127(8) of the 2008 Act and a public communications provider as defined in section 151 of the 2003 Act;
“strategic road network” means any part of the road network including trunk roads, special roads or streets for which National Highways is the highway authority;
“street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in section 49 of the 1991 Act;
“streets (to be temporarily stopped up) plan” means the plans certified as the streets (to be temporarily stopped up) plan by the Secretary of State under article 37 (certification of plans and documents, etc.);
“suction bucket” means a steel cylindrical structure attached to the legs of a jacket or monopile foundation which partially or fully penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential;
“supplemental environmental information to support the Applicant’s material change request” means the document certified as the Supplemental Environmental Information to support the Applicant’s material change request by the Secretary of State under article 37 (certification of plans and documents, etc.);
“tree preservation order and hedgerow plan” means the plan certified as the tree preservation order and hedgerow plan by the Secretary of State under article 38;
“transition joint bay” means an underground concrete bay where offshore export cables are jointed to onshore export cables;
“transition piece” means a metal structure attached to the top of a foundation where the base of a wind turbine generator is connected and may include additional equipment such as J- tubes, corrosion protection systems, boat access systems, access platforms, craneage, electrical transmission equipment and associated equipment;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“undertaker” means, subject to article 5 (benefit of Order)—
(a) for the purposes of constructing, maintaining and operating the Sheringham Shoal Extension Project and any related ancillary works, SEL;
(b) for the purposes of constructing, maintaining and operating the Dudgeon Extension Project and any related ancillary works, DEL;
(c) for the purposes of constructing, maintaining and operating the integrated works, SEL and DEL; and any restrictions, liabilities and obligations arising in relation to any integrated works apply to the undertaker exercising the powers under this Order in relation to the integrated works; and
(d) in any other case, SEL and DEL;
“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;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
“wind turbine generator” means a structure comprising a tower, a rotor with three blades connected at the hub, a nacelle and ancillary electrical and other equipment which may include J-tubes, transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter transfer facilities and other associated equipment, fixed to a foundation or transition piece;
“works plans” means the works plans (offshore) and the works plans (onshore);
“works plans (offshore)” means the plans certified as the works plans (offshore) by the Secretary of State under article 37 (certification of plans and documents, etc.); and
“works plans (onshore)” means the plans certified as the works plans (onshore) by the Secretary of State under article 37 (certification of plans and documents, etc.).
(2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air space above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over the land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or which is an interest otherwise comprised in the Order land.
(3) All distances, directions, and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised project are to be taken to be measured along that work.
(4) References in this Order to a numbered work are references to a work so numbered in Part 1 (authorised development) of Schedule 1 (authorised project).
(5) Unless otherwise stated, references in this Order to points identified by letters are references to the points so lettered on the works plans.
(6) References in this Order to coordinates are references to coordinates on the World Geodetic System 1984 datum.
(7) In this Order “includes” must be construed without limitation unless the contrary intention appears

PART 2 Principal powers

Development consent granted by the Order
3. (1) Subject to the provisions of this Order including the requirements—
(a) SEL is granted development consent for the Sheringham Shoal Extension Project and related ancillary works;
(b) DEL is granted development consent for the Dudgeon Extension Project and related ancillary works; and
(c) SEL and DEL are granted development consent for the integrated works;
to be carried out within the Order limits.
(2) Unless otherwise stated in Schedule 2, the requirements apply to scenario 1, scenario 2, scenario 3 and scenario 4.

Maintenance of the authorised project
4. (1) The undertaker may at any time maintain the authorised project except to the extent that this Order or any agreement made under this Order provides otherwise.
(2) Paragraph ‎(1) does not relieve the undertaker of any requirement to obtain any further licence under Part 4 (marine licensing) of the 2009 Act for licensable activities not covered by the deemed marine licences.

Benefit of Order
5. (1) Subject to this article, the provisions of this Order have effect solely for the benefit of the undertaker.
(2) Subject to paragraphs ‎(6), ‎(7) and ‎(8) the undertaker may with the written consent of the Secretary of State—
(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order (excluding the deemed marine licences referred to in paragraph ‎(3) below) and such related statutory rights as may be agreed between the undertaker and the transferee; and
(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of the Order (excluding the deemed marine licences referred to in paragraph ‎(3) below) and such related statutory rights as may be so agreed.
except where paragraph ‎(8) applies, in which case no consent of the Secretary of State is required.
(3) Subject to paragraph ‎(6), the undertaker may with the written consent of the Secretary of State and where an agreement has been made in accordance with paragraph ‎(2)(a), transfer to the transferee the whole of any deemed marine licences and such related statutory rights as may be agreed between the undertaker and the transferee, except where paragraph ‎(8) applies, in which case no consent of the Secretary of State is required.
(4) Where an agreement has been made in accordance with paragraph ‎(2) or ‎(3) references in this Order to the undertaker, except in paragraphs ‎(7) and ‎(13), shall include references to the transferee or lessee.
(5) The undertaker must consult the Secretary of State before making an application for consent under this article by giving notice in writing of the proposed application.
(6) The Secretary of State must consult the MMO before giving consent to the transfer of the benefit of the whole of any deemed marine licences under paragraph ‎(3).
(7) Where the undertaker has transferred any benefit under paragraph ‎(2) or ‎(3), or for the duration of any period during which the undertaker has granted any benefit, under paragraph ‎(2)—
(a) the benefit transferred or granted (“the transferred benefit”) shall include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;
(b) the transferred benefit shall reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit shall not be enforceable against the undertaker save in the case of a deemed marine licence transferred or granted in respect of any breach of an obligation by the undertaker which occurs prior to such transfer or grant or which occurs as a result of any activity carried out by the undertaker on behalf of the transferee; and
(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer under paragraph ‎(2) or ‎(3) or grant under paragraph ‎(2) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
(8) The consent of the Secretary of State is required for the exercise of powers under paragraph ‎(2) or ‎(3) except where—
(a) the transferee or lessee is the holder of a licence under section 6 of the 1989 Act; or
(b) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—
(i) no such claims have been made;
(ii) any such claim has been made and has been compromised or withdrawn;
(iii) compensation has been paid in final settlement of any such claim;
(iv) payment of compensation into court has taken place in lieu of settlement of any such claim; or
(v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation shall be payable; or
(vi) the transferee or lessee is National Highways for the purposes of undertaking any works to install ducts under the strategic road network as set out in Work Nos. 12A, 12B or 12C.
(9) Prior to any transfer or grant under this article taking effect the undertaker must give notice in writing to the Secretary of State, and if such transfer or grant relates to the exercise of powers in their area, to the MMO and the relevant planning authority.
(10) A notice required under paragraphs ‎(5) and ‎(9) must—
(a) state—
(i) the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;
(ii) subject to paragraph ‎(11), the date on which the transfer will take effect;
(iii) the provisions to be transferred or granted;
(iv) the restrictions, liabilities and obligations that, in accordance with paragraph ‎(7)(c), will apply to the person exercising the powers transferred or granted; and
(v) where paragraph ‎(8) does not apply, confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land;
(b) be accompanied by—
(i) where relevant, a plan showing the works or areas to which the transfer or grant relates; and
(ii) a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.
(11) The date specified under paragraph ‎(10)(a)(ii) in respect of a notice served in respect of paragraph ‎(9) must not be earlier than the expiry of fourteen days from the date of the receipt of the notice.
(12) The notice given under paragraph ‎(9) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.
(13) The provisions of articles 8 (street works), 10 (temporary closure of streets), 17 (compulsory acquisition of land), 19 (compulsory acquisition of rights), 25 (temporary use of land for carrying out the authorised project) and 26 (temporary use of land for maintaining the authorised project) shall have effect only for the benefit of the undertaker and a person who is a transferee or lessee who is also—
(a) in respect of Work Nos. 8A to 22A, 8B to 22B, 8C to 9C, 12C and 15C to 17C, a person who holds a licence under the 1989 Act; or
(b) in respect of functions under article 8 relating to streets, a street authority.
(14) Section 72(7) and (8) of the 2009 Act (variation, suspension, revocation and transfer) do not apply to a transfer of grant of the benefit of the provisions of any deemed marine licences to another person by the undertaker pursuant to an agreement under this article.

Disapplication and modification of legislative provisions
6. (1) The following provisions do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised project—
(a) the 2016 Regulations, to the extent that they require a permit for anything that would have required consent made under section 109 of the Water Resources Act 1991 immediately before the repeal of that section or for any activities defined under the 2016 Regulations as flood risk activities;
1991 c. 59. Section 109 has been repealed.
(b) Section 23 (prohibition of obstructions etc. in watercourses) of the Land Drainage Act 1991;
1991 c. 59.
(c) the provisions of any byelaws made under, or having effect as if made under, paragraph 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991 (byelaw-making powers of the Appropriate Agency) that require consent or approval for the carrying out of the works;
(d) the provisions of any byelaws made under, or having effect as if made under, section 66 (powers to make byelaws) of the Land Drainage Act 1991 that require consent or approval for the carrying out of the works; and
(e) the provisions of the Neighbourhood Planning Act 2017 in so far as they relate to the temporary possession of land under articles 25 (temporary use of land for carrying out the authorised project) and 26 (temporary use of land for maintaining the authorised project) under this Order.
2017 c. 20.
(2) For the purpose of carrying out development authorised by this Order only, regulation 6(1) (permitted work) of the Hedgerows Regulations 1997 (permitted work) is deemed to be amended by inserting the following sub-paragraph after sub-paragraph (1)(j)—

“or
(k) for carrying out development which has been authorised by an order granting development consent pursuant to section 114 of the Planning Act 2008.”.

S.I. 1997/1160. Regulation 6 was amended by paragraph 35 of Schedule 1 to S.I. 2015/377.
(3) In the event that any compliance with the provision of—
(a) this Order means that the A47 Tuddenham Scheme will be carried out in breach of the terms of the A47 Tuddenham Order or that National Highways cannot comply with the terms of the A47 Tuddenham Order; or
(b) the A47 Tuddenham Order means that the authorised development will be carried out in breach of the terms of this Order or that the undertaker cannot comply with the terms of this Order;
section 161(1) of the 2008 Act shall not apply to that breach.

Defence to proceedings in respect of statutory nuisance
7. (1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (statutory nuisances and inspections therefor) no order may be made, and no fine may be imposed, under section 82(2) of that Act if—
1990 c. 43. Section 82 was amended by sections 101 and 102 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).
Section 79 was amended by paragraph 89 of Schedule 22 to Environment Act 1995 (c. 25).
(a) the defendant shows that the nuisance—
(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project and is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974; or
1974 c. 40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15 of Schedule 15 to the Environmental Protection Act 1990 (c. 43) and Schedule 24 to the Environment Act 1995.
(ii) is a consequence of the construction or maintenance of the authorised project and cannot reasonably be avoided;
(b) the defendant shows that the nuisance—
(i) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised project and is attributable to the use of the authorised project being used in compliance with requirement 21 (control of noise during operational phase); or
(ii) is a consequence of the use of the authorised project and cannot reasonably be avoided.
(2) Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project.

PART 3 Streets

Street works
8. (1) The undertaker may, for the purposes of the authorised project, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) as is within the Order limits and may—
(a) break up or open the street or any sewer, drain or tunnel under it;
(b) tunnel or bore under the street;
(c) remove or use all earth and materials in on or under the street;
(d) place and keep apparatus under the street;
(e) maintain apparatus under the street or change its position; and
(f) execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (e).
(2) The authority given by paragraph ‎(1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.
(3) In this article “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act.

Application of the 1991 Act
9. (1) The provisions of the 1991 Act mentioned in paragraph ‎(2) that apply in relation to the carrying out of street works under that Act and any regulations made, or code of practice issued or approved, under those provisions apply (with all necessary modifications) in relation to—
(a) the carrying out of works under article 8 (street works); and
(b) the temporary stopping up, alteration or diversion of a street by the undertaker under article 10 (temporary closure of streets);
whether or not the carrying out of the works or the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
(2) The provisions of the 1991 Act are—
Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c. 18).
(a) subject to paragraph (3), section 55 (notice of starting date of works);
(b) section 57 (notice of emergency works);
(c) section 60 (general duty of undertakers to co-operate);
(d) section 68 (facilities to be afforded to street authority);
(e) section 69 (works likely to affect other apparatus in the street);
(f) section 76 (liability for cost of temporary traffic regulation);
(g) section 77 (liability for cost of use of alternative route); and
(h) all provisions of that Act that apply for the purposes of the provisions referred to in sub- paragraphs (a) to (g).
(3) Section 55 of the 1991 Act as applied by paragraph ‎(2) has effect as if references in section 57 of that Act to emergency works included a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

Temporary closure of streets
10. (1) The undertaker, during and for the purposes of carrying out the authorised project, may temporarily close, alter or divert any street and may for any reasonable time—
(a) divert the traffic or a class of traffic from the street; and
(b) subject to paragraph ‎(3), prevent persons from passing along the street.
(2) Without limiting paragraph ‎(1), the undertaker may, during and for the purposes of carrying out the authorised project, use any street temporarily closed under the powers conferred by this article and within the Order limits as a temporary working site.
(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary closure, alteration or diversion of a street under this article if there would otherwise be no such access.
(4) Without limiting paragraph ‎(1), the undertaker may temporarily close, alter or divert the streets specified in column (1) of Schedule 5 (streets to be temporarily closed) to the extent specified in column (2) of that Schedule, by reference to the letters and numbers shown on the streets (to be temporarily stopped up) plan.
(5) The undertaker must not temporarily close, alter, divert or use as a temporary working site—
(a) any street referred to in paragraph ‎(4) without first consulting the street authority; and
(b) any other street without the consent of the street authority, which may attach reasonable conditions to the consent.
(6) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation).
(7) If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph ‎(5)(b) that street authority is deemed to have granted consent.

Temporary closure of public rights of way
11. The undertaker may in connection with the carrying out of the authorised project, temporarily close each of the public rights of way specified in column (2) of Schedule 4 (public rights of way to be temporarily closed) to the extent specified in column (3) of that Schedule, by reference to the letters shown on the public rights of way plan.

Access to works
12. (1) The undertaker may, for the purposes of the authorised project—
(a) form, lay out and maintain means of access, or improve or maintain existing means of access, in the locations specified in columns (1) and (2) of Schedule 6 (access to works); and
(b) with the approval of the relevant planning authority after consultation with the highway authority in accordance with requirement 16 (highway accesses), form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised project.
(2) If the relevant planning authority fails to notify the undertaker of its decision within 28 days of receiving an application for approval under paragraph ‎(1)(b) that relevant planning authority is deemed to have granted approval.

Agreements with street authorities
13. (1) A street authority and the undertaker may enter into agreements with respect to—
(a) any temporary closure, alteration or diversion of a street authorised by this Order; or
(b) the carrying out in the street of any of the works referred to in article 8 (street works).
(2) Such an agreement may, without limiting paragraph ‎(1)—
(a) provide for the street authority to carry out any function under this Order that relates to the street in question;
(b) include an agreement between the undertaker and the street authority specifying a reasonable time for the completion of the works; and
(c) contain such terms as to payment and otherwise as the parties consider appropriate.

PART 4 Supplemental powers

Discharge of water
14. (1) Subject to paragraphs ‎(3) and ‎(4) below the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised project and for that purpose may inspect, lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.
(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph ‎(1) must be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991.
1991 c. 56. Section 106 was amended by section 35(8) and 43(2) of and paragraph 1 of Schedule 2 to the Competition and Service (Utilities) Act 1992 (c. 43) and sections 36(2) and 99 of the Water Act 2003 (c. 37).
(3) The undertaker must not discharge any water into a watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.
(4) The undertaker must not carry out any works to any public sewer or drain pursuant to paragraph ‎(1) except—
(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and
(b) where that person has been given the opportunity to supervise the making of the opening.
(5) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.
(6) The undertaker must not, in carrying out or maintaining works pursuant to this article damage or interfere with the bed or banks of any watercourse forming part of a main river.
(7) Nothing in this article overrides the requirement for an environmental permit under Regulation 12(1)(b) of the 2016 Regulations insofar as the discharge activity comes within the definition contained within the 2016 Regulations.
(8) In this article—
(a) “watercourse” has the meaning given in the Land Drainage Act 1991;
(b) “public sewer or drain” means a sewer or drain that belongs to the Environment Agency, a relevant drainage authority, a local authority or a sewerage undertaker; and
(c) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
(9) If a person who receives an application for consent or approval fails to notify the undertaker of a decision within 28 days of receiving an application for consent under paragraph ‎(3) or approval under paragraph ‎(4)(a) that person is deemed to have granted consent or given approval, as the case may be.

Protective work to buildings
15. (1) Subject to the provisions of this article, the undertaker may at its own expense carry out such protective works to any building within the Order limits as the undertaker considers necessary or expedient.
(2) Protective works may be carried out—
(a) at any time before or during the carrying out of any part of the authorised project in the vicinity of the building; or
(b) after the completion of that part of the authorised project in the vicinity of the building at any time up to the end of the period of five years beginning with the day on which that part of the authorised project is brought into commercial operation.
(3) For the purpose of determining how the powers under this article are to be exercised the undertaker may enter and survey any building falling within paragraph ‎(1) and any land within its curtilage.
(4) For the purpose of carrying out protective works under this article to a building the undertaker may (subject to paragraphs ‎(5) and ‎(6))—
(a) enter the building and any land within its curtilage; and
(b) where the works cannot be carried out reasonably conveniently without entering land that is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).
(5) Before exercising—
(a) a power under paragraph ‎(a) to carry out protective works to a building;
(b) a power under paragraph ‎(3) to enter a building and land within its curtilage;
(c) a power under paragraph ‎(4)(a) to enter a building and land within its curtilage; or
(d) a power under paragraph ‎(4)(b) to enter land;
the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that power and, in a case falling within sub-paragraph ‎(a), ‎(c) or ‎(d), the notice must specify the protective works proposed to be carried out.
(6) Where a notice is served under sub-paragraph ‎(5)(a), ‎(5)(c) or ‎(5)(d), the owner or occupier of the building or land concerned may, by serving a counter-notice within 10 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 43 (arbitration).
(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of the powers.
(8) Where—
(a) protective works are carried out under this article to a building; and
(b) within the period of five years beginning with the day on which the part of the authorised project carried out in the vicinity of the building is brought into commercial operation it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised project;
the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.
(9) Nothing in this article relieves the undertaker of any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act.
(10) Any compensation payable under paragraph ‎(7) or ‎(8) must be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto land under this article to the same extent as it applies in respect of the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
Section 13 was amended by section 139 of, and paragraph 28(2) of Schedule 13 and paragraph 1 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
(12) In this article, “protective works”, in relation to a building, means—
(a) underpinning, strengthening and any other works the purpose of which is to prevent damage that may be caused to the building by the carrying out, maintenance or use of the authorised project; and
(b) any works, the purpose of which is to remedy any damage that has been caused to the building by the carrying out, maintenance or use of the authorised project.

Authority to survey and investigate land
16. (1) The undertaker may for the purposes of this Order enter on any land within the Order limits or land which may be affected by the authorised project and—
(a) survey or investigate the land;
(b) without limiting sub-paragraph ‎(a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;
(c) without limiting sub-paragraph ‎(a), carry out ecological or archaeological investigations on the land, including the digging of trenches; and
(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and the making of trial holes.
(2) No land may be entered or equipment placed or left on or removed from the land under paragraph ‎(1) unless at least 14 days’ notice has been served on every owner and occupier of the land. If the undertaker proposes to do any of the following, the notice must include details of what is proposed—
(a) searching, boring or excavating;
(b) leaving apparatus on the land; and
(c) taking samples.
(3) Any person entering land under this article on behalf of the undertaker—
(a) must, if so required before or after entering the land, produce written evidence of their authority to do so; and
(b) may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
(4) No trial holes may be made under this article—
(a) in land forming a railway without the consent of Network Rail;
As defined in Part 3 of Schedule 14 (For the Protection of Network Rail Infrastructure Limited).
(b) in land held by or in right of the Crown without the consent of the Crown;
(c) in land located within the highway boundary without the consent of the highway authority; or
(d) in a private street without the consent of the street authority,
but such consent must not be unreasonably withheld or delayed.
(5) After completion of the activities being undertaken pursuant to this article, any apparatus must be removed as soon as practicable, and the land must be restored to its original condition.
(6) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(7) This article applies in relation to the onshore works only.
(8) If either a highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent—
(a) under paragraph ‎(4)(c) in the case of a highway authority; or
(b) under paragraph ‎(4)(d) in the case of a street authority;
that authority is deemed to have granted consent.
(9) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

PART 5 Powers of acquisition

Compulsory acquisition of land
17. (1) SEL, with the consent of DEL such consent not to be unreasonably withheld, may acquire compulsorily so much of the Order land as is required for the Sheringham Shoal Extension Project or the integrated works, or to facilitate, or is incidental to, the construction and maintenance of the Sheringham Shoal Extension Project or the integrated works.
(2) DEL, with the consent of SEL such consent not to be unreasonably withheld, may acquire compulsorily so much of the Order land as is required for the Dudgeon Extension Project or the integrated works, or to facilitate, or is incidental to, the construction and maintenance of the Dudgeon Extension Project or the integrated works.
(3) If the undertaker whose consent is required under paragraph ‎(1) or ‎(2) fails to notify the undertaker requesting consent of its decision within 28 days of receiving an application for consent, the first mentioned undertaker is deemed to have given consent.
(4) This article is subject to—
(a) article 18 (time limit for exercise of authority to acquire land compulsorily)
(b) article 19 (compulsory acquisition of rights);
(c) article 21 (acquisition of subsoil or airspace only);
(d) article 24 (rights under or over streets)
(e) article 25 (temporary use of land for carrying out the authorised project); and
(f) article 36 (crown rights).

Time limit for exercise of authority to acquire land compulsorily
18. (1) After the end of the period of 7 years beginning on the day on which this Order is made—
(a) no notice to treat may be served under Part 1 of the 1965 Act; and
(b) no declaration may be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 21 (application of the 1981 Act).
Amended by sections 184 and 185 of and paragraph 2 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).
(2) The authority conferred by article 25 (temporary use of land for carrying out the authorised project) ceases at the end of the period referred to in paragraph ‎(1), but nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period if the land was entered, and possession was taken, before the end of that period.

Compulsory acquisition of rights
19. (1) Subject to paragraph ‎(3), SEL may, with the consent of DEL such consent not to be unreasonably withheld, acquire compulsorily such rights or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 18 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.
(2) Subject to paragraph ‎(3), DEL may, with the consent of SEL such consent not to be unreasonably withheld, acquire compulsorily such rights or impose such restrictive covenants over the Order land as may be required for any purpose for which that land may be acquired under article 17, by creating them as well as by acquiring rights already in existence.
(3) Subject to the provisions of this paragraph, article 21 (private rights over land), article 26 (temporary use of land for carrying out the authorised project) and article 28 (statutory undertakers), in the case of the Order land specified in column (1) of Schedule 7 (land in which only new rights, etc. may be acquired), the powers of compulsory acquisition conferred under paragraph ‎(1) and paragraph ‎(2) are limited to the acquisition by the undertaker referred to in the corresponding entry in column (2) of that Schedule of such new rights and the imposition of restrictive covenants as may be required for the purpose specified in relation to that land in column (2) of that Schedule and as described in the book of reference.
(4) Subject to section 8 (other provisions as to divided land) of and Schedule 2A to the 1965 Act (counter-notice requiring purchase of land not in notice to treat) (as substituted by paragraph 5(8) of Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights), where the undertaker acquires a right over the Order land or imposes a restrictive covenant under this article, the undertaker is not required to acquire a greater interest in that land.
(5) Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.
(6) In any case where the acquisition of new rights or the imposition of restrictive covenants under paragraph ‎(1) or (2) is required for the purposes of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question.
(7) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph ‎(5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

Private rights over land
20. (1) Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under article 17 (compulsory acquisition of land) are extinguished—
(a) from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or
(b) on the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act;
whichever is the earlier.
(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 19 (compulsory acquisition of rights) are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant—
(a) from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker, whether compulsorily or by agreement; or
(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act;
whichever is the earlier.
(3) Subject to the provisions of this article, all private rights over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable, in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land.
(4) Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 of the 1961 Act.
(5) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 27 (statutory undertakers) applies.
(6) Paragraphs ‎(1) to ‎(3) have effect subject to—
(a) any notice given by the undertaker before—
(i) the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land;
(ii) the undertaker’s appropriation of the land;
(iii) the undertaker’s entry onto the land; or
(iv) the undertaker’s taking temporary possession of the land;
that any or all of those paragraphs do not apply to any right specified in the notice; or
(b) any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.
(7) If an agreement referred to in paragraph ‎(6)(b)—
(a) is made with a person in or to whom the right is vested or belongs; and
(b) is expressed to have effect also for the benefit of those deriving title from or under that person;
the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.
(8) References in this article to private rights over land include any trust, incident, easement, liberty, privilege, right or advantage to which the land is subject.

Application of the 1981 Act
21. (1) The 1981 Act applies as if this Order were a compulsory purchase order.
(2) The 1981 Act, as applied by paragraph ‎(1), has effect with the following modifications.
(3) In section 1 (application of act), for subsection 2, substitute—

“(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.”.

(4) In section 5(2) (earliest date for execution of declaration) omit the words from “, and this subsection” to the end.
(5) Section 5A (time limit for general vesting declaration) is omitted.
(6) In section 5B (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent) the seven year period mentioned in article 18 (time limit for exercise of authority to acquire land compulsorily) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024”.
(7) In section 6 (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.
(8) In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.
(9) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

“(2) But see article 22 (acquisition of subsoil or airspace only) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024, which excludes the acquisition of subsoil or airspace only from this Schedule.”.

(10) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 23 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.

Acquisition of subsoil or airspace only
22. (1) SEL may, with the consent of DEL such consent not to be unreasonably withheld, acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 17 (compulsory acquisition of land) or article 19 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) DEL may, with the consent of SEL such consent not to be unreasonably withheld, acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (2) of article 17 (compulsory acquisition of land) or article 19 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(3) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph ‎(1) or ‎(2), the undertaker is not required to acquire an interest in any other part of the land.
(4) The following do not apply in connection with the exercise of the power under paragraph ‎(1) or ‎(2) in relation to subsoil or airspace only—
(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;
(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and
(c) Section 153(4A) (reference of objection to Upper Tribunal: general) of the 1990 Act.
(5) Paragraphs ‎(3) and ‎(4) do not apply where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Modification of Part 1 of the 1965 Act
23. (1) Part 1 of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.
(2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the seven year period mentioned in article 18 (time limit for exercise of authority to acquire land compulsorily) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024”.
(3) In section 11A (powers of entry: further notice of entry)—
(a) in subsection (1)(a), after “land” insert “under that provision”; and
(b) in subsection (2), after “land” insert “under that provision”.
(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 18 (time limit for exercise of authority to acquire land compulsorily) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024”.
(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—
(a) for paragraphs 1(2) and 14(2) substitute—

“(2) But see article 22(4) (acquisition of subsoil or airspace only) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024, which excludes the acquisition of subsoil or airspace only from this Schedule;”

and
(b) at the end insert—

“PART 4 INTERPRETATION
30. In this Schedule, references to entering on and taking possession of land do not include doing so under article 15 (protective work to buildings), article 25 (temporary use of land for carrying out the authorised project) or article 26 (temporary use of land for maintaining the authorised project) of the Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024.”.

Rights under or over streets
24. (1) The undertaker may enter on and appropriate so much of the subsoil of or airspace over any street within the Order limits as may be required for the purposes of the authorised project and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised project.
(2) Subject to paragraph ‎(3), the undertaker may exercise any power conferred by paragraph ‎(1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.
(3) Paragraph ‎(2) does not apply in relation to—
(a) any subway or underground building; or
(b) any cellar, vault, arch or other construction in, on or under a street that forms part of a building fronting onto the street.
(4) Subject to paragraph ‎(5), any person who is an owner or occupier of land appropriated under paragraph ‎(1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(5) Compensation is not payable under paragraph ‎(4) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised project
25. (1) The undertaker may, in connection with the carrying out of the authorised project—
(a) enter on and take temporary possession of—
(i) the land specified in columns (1) and (2) of Schedule 9 (land of which temporary possession only may be taken) for the purpose specified in relation to that land in column (3) of that Schedule; and
(ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;
(b) remove any buildings, agricultural plant and apparatus, drainage, fences, debris and vegetation from that land;
(c) construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;
(d) use the land for the purposes of a working site with access to the working site in connection with the authorised project;
(e) construct any works, or use the land, as specified in relation to that land in column (3) of Schedule 9, or any mitigation works;
(f) construct such works on that land as are mentioned in Part 1 (authorised development) of Schedule 1 (authorised project); and
(g) carry out mitigation works required pursuant to the requirements in Schedule 2.
(2) Not less than 28 days before entering on and taking temporary possession of land under this article, the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
(3) The undertaker must not, remain in possession of the land under this article for longer than is reasonably necessary and in any event, without the agreement of the owners of the land, remain in possession of any land under this article—
(a) in the case of land specified in paragraph ‎(1)(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (4) of Schedule 9; or
(b) in the case of land specified in paragraph ‎(1)(a)(ii) after the end of the period of one year beginning with the date of completion of the part of the authorised project for which temporary possession of the land was taken unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.
(4) Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, the undertaker must before giving up possession of land of which temporary possession has been taken under this article, remove all works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—
(a) replace any building, structure, drain or electric line removed under this article;
(b) remove any drainage works installed by the undertaker under this article;
(c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 3 (streets subject to street works); or
(d) restore the land on which any works have been carried out under paragraph ‎(1)(g) in so far as the works relate to mitigation works identified in the environmental statement or required pursuant to the requirements in Schedule 2.
(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of any power conferred by this article.
(6) Any dispute as to a person’s entitlement to compensation under paragraph ‎(5), or as to the amount of the compensation, must be determined under Part 1 of the 1961 Act.
(7) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph ‎(5).
(8) The undertaker may not compulsorily acquire under this Order new rights over or impose restrictive covenants over the land referred to in paragraph ‎(1)(a)(i).
(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.
(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Temporary use of land for maintaining the authorised project
26. (1) Subject to paragraph ‎(2), at any time during the maintenance period relating to any part of the authorised project, the undertaker may—
(a) enter on and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised project; and
(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
(2) Paragraph ‎(1) does not authorise the undertaker to take temporary possession of—
(a) any house or garden belonging to a house; or
(b) any building (other than a house) if it is for the time being occupied.
(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised project for which possession of the land was taken.
(5) Before giving up possession of land of which temporary possession has been taken under this article the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.
(7) Any dispute as to a person’s entitlement to compensation under paragraph ‎(6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised project, other than loss or damage for which compensation is payable under paragraph ‎(6).
(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.
(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
(11) In this article “the maintenance period” means—
(a) in relation to the maintenance of any tree, hedge or shrub planted as part of an approved landscape management plan the relevant period referred to in requirement 12(2); and
(b) in relation to any other part of the authorised project, means the period of five years beginning with the date on which that part of the authorised project is brought into commercial operation.

Statutory undertakers
27. (1) Subject to the provisions of article 40 (protective provisions), the undertaker may—
(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order limits; and
(b) extinguish the rights of, and remove or reposition apparatus belonging to, statutory undertakers within the Order limits.

Recovery of costs of new connections
28. (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 27 (statutory undertakers), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
(2) Paragraph ‎(1) does not apply in the case of the removal of a public sewer, but where such a sewer is removed under article 27, any person who is—
(a) the owner or occupier of premises the drains of which communicated with that sewer; or
(b) the owner of a private sewer that communicated with that sewer;
is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewage disposal plant.
(3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.
(4) In this article “public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 Operations

Operation of generating station
29. (1) SEL is authorised to operate the generating station comprised in the Sheringham Shoal Extension Project.
(2) DEL is authorised to operate the generating station comprised in the Dudgeon Extension Project.
(3) Paragraphs ‎(1) and ‎(2) do not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station.

Deemed marine licences under the 2009 Act
30. (1) The following marine licences are deemed to have been granted to SEL under Part 4 of the 2009 Act (marine licensing) for the licensed activities specified in Part 1 of each licence and subject to the conditions specified in Part 2 of each licence—
(a) Marine Licence 1 (set out in Schedule 10); and
(b) Marine Licence 3 (set out in Schedule 12).
(2) The following marine licences are deemed to have been granted to DEL under Part 4 of the 2009 Act (marine licensing) for the licensed activities specified in Part 1 of each licence and subject to the conditions specified in Part 2 of each licence—
(a) Marine Licence 2 (set out in Schedule 11); and
(b) Marine Licence 4 (set out in Schedule 13).

PART 7 Miscellaneous and general

Application of landlord and tenant law
31. (1) This article applies to—
(a) any agreement for leasing to any person the whole or any part of the authorised project or the right to operate the same; and
(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised project, or any part of it,
so far as the agreement relates to the terms on which any land that is the subject of a lease granted by or under that agreement is to be provided for that person’s use.
(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.
(3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—
(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;
(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land that is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or
(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act
32. Development consent granted by this Order is treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land) of the 1990 Act.

Felling or lopping of trees and removal of hedgerows
33. (1) Subject to paragraph (2) and article 35 (trees subject to tree preservation orders) the undertaker may fell or lop, or cut back the roots of, any tree or shrub within or overhanging land within the Order limits or near any part of the authorised project if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.
(2) In carrying out any activity authorised by paragraph (1), the undertaker must not do any unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.
(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.
(4) The undertaker may, for the purposes of the authorised project—
(a) subject to paragraph ‎33 above, remove any hedgerows as are within the Order Limits and specified in Schedule 16, Part 1 (removal of hedgerows) that may be required to be removed for the purposes of carrying out the authorised project; and
(b) remove the important hedgerows as are within the Order Limits and specified in Schedule 16, Part 2 (removal of potentially important hedgerows) and Schedule 16, Part 3 (removal of important hedgerows).
(5) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerows Regulations 1997.
S.I. 1997/1160.

Trees subject to tree preservation orders
34. (1) Subject to paragraph (2) the undertaker may fell or lop, or cut back the roots of, any tree within or overhanging the Order limits that is subject to a tree preservation order if it reasonably believes it to be necessary to do so to prevent the tree from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project.
(2) In carrying out any activity authorised by paragraph (1)—
(a) the undertaker must not do any unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and
(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.
Section 206(1) was amended by paragraph 11 of Schedule 8 to the Planning Act 2008 (c. 29).
(3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.
(4) Any dispute as to a person’s entitlement to compensation under paragraph ‎(2), or as to the amount of compensation, must be determined under Part 1 of the 1961 Act.
(5) In this article, “tree preservation order” has the same meaning as in section 198 (power to make tree preservation orders) of the 1990 Act.

Saving provisions for Trinity House
35. Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.

Crown rights
36. (1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the undertaker or any lessee or licensee to take, use, enter on or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—
(a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;
(b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or
(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.
(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in section 227 (“Crown land” and “the appropriate Crown authority”) of the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.
(3) A consent under paragraph ‎(1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Certification of plans and documents, etc.
37. (1) The undertaker must, as soon as practicable after this Order is made, submit to the Secretary of State all of the documents listed in Schedule 18 (documents to be certified) for certification that they are true copies of the documents referred to in this Order.
(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Abatement of works abandoned or decayed
38. (1) Where the Sheringham Shoal Extension Project offshore works or any part of them are abandoned or allowed to fall into decay the Secretary of State may, following consultation with SEL, by notice in writing require SEL at its own expense either to repair, make safe and restore one or any of those Works, or any relevant part of them, or to remove them and, without prejudice to any notice served under section 105(2) of the 2004 Act, restore the site to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.
(2) Where the Dudgeon Extension Project offshore works or any part of them are abandoned or allowed to fall into decay the Secretary of State may, following consultation with DEL, by notice in writing require DEL at its own expense either to repair, make safe and restore one or any of those Works, or any relevant part of them, or to remove them and, without prejudice to any notice served under section 105(2) of the 2004 Act, restore the site to a safe and proper condition, to such an extent and within such limits as may be specified in the notice.
(3) For the purposes of this article:
“Dudgeon Extension Project offshore works” means—
(a) in the event of scenario 1, 2 or 3, Work Nos. 1B to 7B and any other authorised development associated with those works; or
(b) in the event of scenario 4, Work Nos. 1B, 2B, any part of the integrated offshore works operated by or for the benefit of DEL and any other authorised development associated with those works; and
“Sheringham Shoal Extension Project offshore works” means—
(a) in the event of scenario 1, 2 or 3, Work Nos. 1A to 7A and any authorised development associated with those works; or
(b) in the event of Scenario 4, Work Nos. 1A, 2A, any part of the integrated offshore works operated by or for the benefit of SEL and any other authorised development associated with those works.

Funding
39. (1) Except where the provisions of paragraph ‎(8) apply, SEL must not exercise the powers conferred by the provisions referred to in paragraph ‎(3) in relation to any land unless a guarantee or alternative form of security in respect of the liabilities of SEL to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land is in place.
(2) Except where the provisions of paragraph ‎(9) apply, DEL must not exercise the powers conferred by the provisions referred to in paragraph ‎(3) in relation to any land unless a guarantee or alternative form of security in respect of the liabilities of DEL to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land is in place.
(3) The provisions are—
(a) article 18 (compulsory acquisition of land);
(b) article 20 (compulsory acquisition of rights);
(c) article 21 (private rights over land);
(d) article 23 (acquisition of subsoil or airspace only);
(e) article 25 (rights under or over streets);
(f) article 26 (temporary use of land for carrying out the authorised project);
(g) article 27 (temporary use of land for maintaining the authorised project); and
(h) article 28 (statutory undertakers).
(4) The form of guarantee or security referred to in paragraphs ‎(1) and ‎(2), and the amount guaranteed or secured, must be approved by the Secretary of State, but such approval must not be unreasonably withheld.
(5) The undertaker must provide the Secretary of State with such information as the Secretary of State may reasonably require relating to the interests in the land affected by the exercise of the powers referred to in paragraph ‎(3) for the Secretary of State to be able to determine the adequacy of the proposed guarantee or security including—
(a) the interests affected; and
(b) the undertaker’s assessment, and the basis of the assessment, of the level of compensation.
(6) A guarantee or other security given in accordance with this article that guarantees or secures the undertaker’s payment of compensation in relation to the exercise of the powers referred to in paragraph ‎(3) is to be treated as enforceable against the guarantor or provider of security by any person to whom such compensation is properly payable and must be in such a form as to be capable of enforcement by such a person.
(7) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.
(8) Nothing in this article requires a guarantee or alternative form of security to be put in place by SEL where—
(a) SEL provides the Secretary of State with financial information sufficient to demonstrate that it has appropriate funding in place without a guarantee or alternative form of security to meet any liability to pay compensation under this Order in respect of the exercise of the relevant powers in paragraph ‎(1); and
(b) The Secretary of State provides written confirmation that no such guarantee is required, such written confirmation not to be unreasonably withheld.
(9) Nothing in this article requires a guarantee or alternative form of security to be put in place by DEL where—
(a) DEL provides the Secretary of State with financial information sufficient to demonstrate that it has appropriate funding in place without a guarantee or alternative form of security to meet any liability to pay compensation under this Order in respect of the exercise of the relevant powers in paragraph ‎(2); and
(b) The Secretary of State provides written confirmation that no such guarantee is required, such written confirmation not to be unreasonably withheld.

Protective provisions
40. Schedule 14 (protective provisions) has effect.

Service of notices
41. (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—
(a) by post;
(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or
(c) with the consent of the recipient and subject to paragraphs ‎(6) to ‎(8), by electronic transmission.
(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph ‎(1) is, if that person has given an address for service, that address and otherwise—
1978 c. 30. Section 7 was amended by paragraph 19 of Schedule 10 to the Road Traffic Regulation Act 1984 (c. 27).
(a) in the case of the secretary or clerk of that body corporate, the registered or principal office of that body; and
(b) in any other case, the last known address of that person at that time of service.
(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—
(a) addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and
(b) either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—
(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;
(b) the notice or document is capable of being accessed by the recipient;
(c) the notice or document is legible in all material respects; and
(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.
(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.
(7) Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph ‎(8).
(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—
(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and
(b) such revocation takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.
(9) This article does not exclude the employment of any method of service not expressly provided for by it.

Arbitration
42. (1) Subject to article 36 (saving provisions for Trinity House), any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by arbitration in accordance with the rules in Schedule 15 (arbitration rules) by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.
(2) For the avoidance of doubt, any matter for which the consent of the Secretary of State or the Marine Management Organisation is required under any provision of this Order shall not be subject to arbitration.

Procedure in relation to approvals, etc. under requirements
43. (1) Where an application is made to the relevant planning authority for any consent, agreement or approval required by a requirement, the following provisions apply in respect of that application as they would if the consent, agreement or approval so required were required by a condition imposed on a grant of planning permission—
(a) sections 78 (right to appeal against planning decisions and failure to take such decisions) and 79 (determination of appeals) of the 1990 Act;
Section 78 was amended by section 43(2) of the Planning and Compulsory Purchase Act 2004 (c. 5), paragraph 3(b) of Schedule 10 to the Planning Act 2008 (c. 29), section 123(3) of, and paragraph 11 of Schedule 12 to, the Localism Act 2011 (c. 20), paragraph 8 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27) and paragraph 12 of Schedule 4 to the Infrastructure Act 2015 (c. 7). Section 79 was amended by section 18 of, and paragraph 19 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34) and by paragraph 4 of Schedule 10 to the Planning Act 2008.
(b) any orders, rules or regulations that make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission.
(2) For the purposes of paragraph (1), orders, rules and regulations make provision in relation to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission in so far as they make provision in relation to—
(a) an application for such a consent, agreement or approval;
(b) the grant or refusal of such an application; or
(c) a failure to give notice of a decision on such an application.
(3) Nothing in paragraph ‎(1)(b) affects the application of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017.

Modification of DOW section 36 consent
44. Upon commencement by the undertaker of any Work Nos. 1B, 2B, 3B or 3C, 4B or 4C, 5B or 5C the provisions of the DOW section 36 consent shall be amended as follows—
(a) In condition 3, for “560MW” substitute “402MW”; and
(b) In Annex B, under the heading “Maximum Number of Turbines” for “77” substitute “67”.

Compensation
45. Schedule 17 (compensation measures) has effect.
Signed by authority of the Secretary of State for Energy Security and Net Zero
David Wagstaff
Deputy Director Energy Infrastructure Planning
Department for Energy Security and Net Zero
17th April 2024

Art. 1 in force at 9.5.2024, see art. 1
Art. 2 in force at 9.5.2024, see art. 1
Art. 3 in force at 9.5.2024, see art. 1
Art. 4 in force at 9.5.2024, see art. 1
Art. 5 in force at 9.5.2024, see art. 1
Art. 6 in force at 9.5.2024, see art. 1
Art. 7 in force at 9.5.2024, see art. 1
Art. 8 in force at 9.5.2024, see art. 1
Art. 9 in force at 9.5.2024, see art. 1
Art. 10 in force at 9.5.2024, see art. 1
Art. 11 in force at 9.5.2024, see art. 1
Art. 12 in force at 9.5.2024, see art. 1
Art. 13 in force at 9.5.2024, see art. 1
Art. 14 in force at 9.5.2024, see art. 1
Art. 15 in force at 9.5.2024, see art. 1
Art. 16 in force at 9.5.2024, see art. 1
Art. 17 in force at 9.5.2024, see art. 1
Art. 18 in force at 9.5.2024, see art. 1
Art. 19 in force at 9.5.2024, see art. 1
Art. 20 in force at 9.5.2024, see art. 1
Art. 21 in force at 9.5.2024, see art. 1
Art. 22 in force at 9.5.2024, see art. 1
Art. 23 in force at 9.5.2024, see art. 1
Art. 24 in force at 9.5.2024, see art. 1
Art. 25 in force at 9.5.2024, see art. 1
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Art. 27 in force at 9.5.2024, see art. 1
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Art. 30 in force at 9.5.2024, see art. 1
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Art. 34 in force at 9.5.2024, see art. 1
Art. 35 in force at 9.5.2024, see art. 1
Art. 36 in force at 9.5.2024, see art. 1
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Art. 40 in force at 9.5.2024, see art. 1
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Art. 42 in force at 9.5.2024, see art. 1
Art. 43 in force at 9.5.2024, see art. 1
Art. 44 in force at 9.5.2024, see art. 1
Art. 45 in force at 9.5.2024, see art. 1