The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 No. 564 xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 Preliminary
1.Citation and commencement
2.Interpretation
PART 2 Principal powers
3.Development consent granted by the Order
4.Maintenance of the authorised project
5.Benefit of Order
6.Disapplication and modification of legislative provisions
7.Defence to proceedings in respect of statutory nuisance
PART 3 Streets
8.Street works
9.Application of the 1991 Act
10.Temporary closure of streets
11.Temporary closure of public rights of way
12.Access to works
13.Agreements with street authorities
PART 4 Supplemental powers
14.Discharge of water
15.Protective work to buildings
16.Authority to survey and investigate land
PART 5 Powers of acquisition
17.Compulsory acquisition of land
18.Time limit for exercise of authority to acquire land compulsorily
19.Compulsory acquisition of rights
20.Private rights over land
21.Application of the 1981 Act
22.Acquisition of subsoil or airspace only
23.Modification of Part 1 of the 1965 Act
24.Rights under or over streets
25.Temporary use of land for carrying out the authorised project
26.Temporary use of land for maintaining the authorised project
27.Statutory undertakers
28.Recovery of costs of new connections
PART 6 Operations
29.Operation of generating station
30.Deemed marine licences under the 2009 Act
PART 7 Miscellaneous and general
31.Application of landlord and tenant law
32.Operational land for purposes of the 1990 Act
33.Felling or lopping of trees and removal of hedgerows
34.Trees subject to tree preservation orders
35.Saving provisions for Trinity House
36.Crown rights
37.Certification of plans and documents, etc.
38.Abatement of works abandoned or decayed
39.Funding
40.Protective provisions
41.Service of notices
42.Arbitration
43.Procedure in relation to approvals, etc. under requirements
44.Modification of DOW section 36 consent
45.Compensation
Signature
SCHEDULE 1
Authorised project
PART 1 Authorised development
1.Nationally significant infrastructure projects as defined in sections 14 and...
Sheringham Shoal Extension Project
Onshore Works - In the County of Norfolk, districts of North Norfolk, Broadland and South Norfolk
Further Associated Development
Dudgeon Extension Project
Onshore Works - in the County of Norfolk, districts of North Norfolk, Broadland and South Norfolk
Further Associated Development
Sheringham Shoal and Dudgeon Extension Projects Integrated works
Further Associated Development
PART 2 Ancillary works
1.Works within the Order limits which have been subject to...
SCHEDULE 2
PART 1 Requirements
1.Time limits
Detailed offshore design parameters
8.Offshore decommissioning
9.Scenarios and Phases of authorised development
10.Detailed design parameters onshore
11.Provision of landscaping
12.Implementation and maintenance of landscaping
13.Ecological management plan
14.Fencing and other means of enclosure
15.Traffic and Transport
16.Highway accesses
17.Operational Drainage Strategy
18.Onshore Archaeology
19.Code of construction practice
20.Construction hours
21.Control of noise during operational phase
22.Control of artificial light emissions
23.European protected species: onshore
24.Public Rights of Way Strategy
25.Restoration of land used temporarily for construction
26.Local skills and employment
27.Ministry of Defence surveillance operations
28.Cromer and Claxby Primary Surveillance Radar
29.Onshore decommissioning
30.Notification of generation of power
31.Amendments to approved details
32.Contaminated land and groundwater scheme
33.Onshore collaboration
34.Mitigation of effects on pink footed geese
35.Obstacle free zone for navigational safety
PART 2 Approval of matters specified in requirements
1.Applications made under requirements
2.Further information
3.Provision of information by Consultees
4.Fees
5.Appeal
SCHEDULE 3
Streets subject to street works
SCHEDULE 4
Public Rights of Way to be temporarily closed
SCHEDULE 5
Streets to be temporarily closed
SCHEDULE 6
Access to works
SCHEDULE 7
Land in which only new rights, etc may be acquired
SCHEDULE 8
Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants
1.Compensation enactments
2.(1) Without limitation on the scope of paragraph 1, the...
3.(1) Without limitation on the scope of paragraph 1, the...
4.Application of Part 1 of the 1965 Act
5.(1) The modifications referred to in paragraph 4(a) are as...
SCHEDULE 9
Land of which only temporary possession may be taken
SCHEDULE 10
Marine Licence 1: Sheringham Shoal Extension Project Offshore Generation – Work Nos. 1A, 2A and 6A or 6C
PART 1 Licensed marine activities
1.Interpretation
2.Details of licensed marine activities
3.Such activities are authorised in relation to the construction, maintenance...
4.The substances and objects authorised for deposit at sea are—...
5.The grid coordinates for that part of the authorised project...
6.This marine licence remains in force until the authorised project...
7.The provisions of section 72 (variation, suspension, revocation and transfer)...
8.(1) With respect to any condition which requires the licensed...
9.Should the undertaker become aware that any of the information...
PART 2 Conditions
Design parameters
4.Scenarios and Phases of authorised project
5.Vessels under the undertaker’s control
6.Extension of time periods
7.Notifications and inspections
8.Aids to navigation
9.Colouring of Structures
10.Aviation safety
11.Chemicals, drilling and debris
12.Force majeure
13.Pre-construction plans and documentation
14.Site Integrity Plan
15.Approval of programmes, statements etc
16.Offshore safety management
17.Reporting of engaged agents, contractors and vessels
18.Pre-construction monitoring and surveys
19.Construction monitoring and surveys
20.Post-construction monitoring and surveys
21.Reporting of scour and cable protection
22.Completion of construction
23.Sediment Sampling
24.Collaboration
25.Obstacle free zone for navigational safety
SCHEDULE 11
Marine Licence 2: Dudgeon Extension Project Offshore Generation – Work No 1B, 2B and Work No 6B or 6C
PART 1 Licensed marine activities
1.Interpretation
2.Details of licensed marine activities
3.Such activities are authorised in relation to the construction, maintenance...
4.The substances and objects authorised for deposit at sea are—...
5.The grid coordinates for that part of the authorised project...
6.This marine licence remains in force until the authorised project...
7.The provisions of section 72 (variation, suspension, revocation and transfer)...
8.(1) With respect to any condition which requires the licensed...
9.Should the undertaker become aware that any of the information...
PART 2 Conditions
Design parameters
4.Scenarios and Phases of authorised project
5.Vessels under the undertaker’s control
6.Extension of time periods
7.Notifications and inspections
8.Aids to navigation
9.Colouring of Structures
10.Aviation safety
11.Chemicals, drilling and debris
12.Force majeure
13.Pre-construction plans and documentation
14.Site Integrity Plan
15.Approval of programmes, statements etc
16.Offshore safety management
17.Reporting of engaged agents, contractors and vessels
18.Pre-construction monitoring and surveys
19.Construction monitoring and surveys
20.Post-construction monitoring and surveys
21.Reporting of scour and cable protection
22.Completion of construction
23.Sediment Sampling
24.Collaboration
25.Obstacle free zone for navigational safety
SCHEDULE 12
Marine Licence 3: Sheringham Shoal Extension Project Offshore Transmission – Work Nos 3A to 7A or 3C to 7C
PART 1 Licensed marine activities
1.Interpretation
2.Details of licensed marine activities
3.Such activities are authorised in relation to the construction, maintenance...
4.The substances and objects authorised for deposit at sea are—...
5.The grid coordinates for that part of the authorised project...
6.The grid coordinates for that part of the authorised project...
7.This marine licence remains in force until the authorised project...
8.The provisions of section 72 (variation, suspension, revocation and transfer)...
9.(1) With respect to any condition which requires the licensed...
10.Should the undertaker become aware that any of the information...
PART 2 Conditions
Design parameters
3.Scenarios and Phases of authorised project
4.Vessels under the undertaker’s control
5.Extension of time periods
6.Notifications and inspections
7.Aids to navigation
8.Colouring of structures
9.Aviation safety
10.Chemicals, drilling and debris
11.Force majeure
12.Pre-construction plans and documentation
13.Site Integrity Plan
14.(1) Each programme, statement, plan, protocol or scheme required to...
15.Offshore safety management
16.Reporting of engaged agents, contractors and vessels
17.Pre-construction monitoring and surveys
18.Construction monitoring and surveys
19.Post-construction monitoring and surveys
20.Reporting of scour and cable protection
21.Completion of construction
22.Sediment Sampling
23.Collaboration
24.Seasonal Restriction
25.Obstacle free zone for navigational safety
SCHEDULE 13
Marine Licence 4: Dudgeon Extension Project Offshore Transmission – Work Nos 3B to 7B or 3C to 7C
PART 1 Licensed marine activities
1.Interpretation
2.Details of licensed marine activities
3.Such activities are authorised in relation to the construction, maintenance...
4.In connection with such Work Nos. 3A to 7A or...
5.The substances and objects authorised for deposit at sea are—...
6.The grid coordinates for that part of the authorised project...
7.The grid coordinates for that part of the authorised project...
8.This marine licence remains in force until the authorised project...
9.The provisions of section 72 (variation, suspension, revocation and transfer)...
10.(1) With respect to any condition which requires the licensed...
11.Should the undertaker become aware that any of the information...
PART 2 Conditions
Design parameters
Cables and cable protection
2.(1) In the event of scenario 1, scenario 2, scenario...
3.Scenarios and Phases of authorised project
4.Vessels under the undertaker’s control
5.Extension of time periods
6.Notifications and inspections
7.Aids to navigation
8.Colouring of structures
9.Aviation safety
10.Chemicals, drilling and debris
11.Force majeure
12.Pre-construction plans and documentation
13.Site Integrity Plan
14.(1) Each programme, statement, plan, protocol or scheme required to...
15.Offshore safety management
16.Reporting of engaged agents, contractors and vessels
17.Pre-construction monitoring and surveys
18.Construction monitoring and surveys
19.Post-construction monitoring and surveys
20.Reporting of scour and cable protection
21.Completion of construction
22.Sediment Sampling
23.Collaboration
24.Seasonal Restriction
25.Obstacle free zone for navigational safety
SCHEDULE 14
Protective provisions
PART 1 Protection of electricity, gas, water and sewerage undertakers
1.For the protection of the undertakers referred to in this...
2.In this Part— “affected undertaker” means— any licence holder within...
3.This Part does not apply to apparatus in respect of...
4.Acquisition of land
5.Removal of apparatus
6.Facilities and rights for alternative apparatus
7.Retained apparatus
8.Expenses and costs
9.(1) Subject to sub-paragraphs (2) and (3), if by reason...
10.Miscellaneous
11.Any difference or dispute arising between the undertaker and the...
PART 2 Protection for operators of electronic communications code networks
1.For the protection of any operator, the following provisions shall,...
2.In this Part— “the 2003 Act” means the Communications Act...
3.The exercise of the powers conferred by article 27 (statutory...
4.(1) Subject to sub-paragraphs (2) to (4), if as a...
PART 3 For the protection of Network Rail Infrastructure Limited
1.The provisions of this Part of this Schedule have effect,...
2.In this Part of this Schedule— “asset protection agreement” means...
3.(1) Where under this Part of this Schedule Network Rail...
4.(1) The undertaker must not exercise the powers conferred by—...
5.(1) The undertaker must before commencing construction of any specified...
6.(1) Any specified work and any protective works to be...
7.The undertaker must— (a) at all times afford reasonable facilities...
8.Network Rail must at all times afford reasonable facilities to...
9.(1) If any permanent or temporary alterations or additions to...
10.The undertaker must repay to Network Rail all reasonable fees,...
11.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...
12.If at any time after the completion of a specified...
13.The undertaker must not provide any illumination or illuminated sign...
14.Any additional expenses which Network Rail may reasonably incur in...
15.(1) The undertaker must pay to Network Rail all reasonable...
16.Network Rail must, on receipt of a request from the...
17.In the assessment of any sums payable to Network Rail...
18.The undertaker and Network Rail may, subject in the case...
19.Nothing in this Order, or in any enactment incorporated with...
20.The undertaker must give written notice to Network Rail if...
21.The undertaker must no later than 28 days from the...
22.In relation to any dispute arising under this part of...
PART 4 For the protection of the Environment Agency
1.(1) The following provisions apply for the protection of the...
2.Submission and approval of plans
3.Construction of protective works
4.Timing of works and service of notices
5.Works not in accordance with this Schedule
6.Maintenance of works
7.Remediating impaired drainage work
8.Agency access
9.Free passage of fish
10.Indemnity
11.(1) The undertaker is responsible for and indemnifies the Agency...
12.Disputes
PART 5 For the protection of the drainage authorities
1.The provisions of this Part have effect for the protection...
2.In this Part of this Schedule— “the Board” means Norfolk...
3.(1) Before beginning to construct any specified work, the undertaker...
4.Without limiting paragraph 3, the requirements which the relevant drainage...
5.(1) Subject to sub-paragraph (2), any specified work, and all...
6.(1) Subject to sub-paragraph (6) the undertaker must from the...
7.If by reason of the construction of any specified work...
8.If by reason of construction of the specified work the...
9.(1) The undertaker must indemnify and compensate the relevant drainage...
10.(1) Without limiting the other provisions of this Part, the...
11.Any dispute arising between the undertaker and the relevant drainage...
PART 6 For the protection of National Gas Transmission Plc as Gas Undertaker
1.Application
2.Interpretation
3.On Street Apparatus
4.Apparatus of National Gas Transmission in closed streets
5.Protective works to buildings
6.Acquisition of land
7.Removal of apparatus
8.Facilities and rights for alternative apparatus
9.Retained apparatus: protection
10.Expenses
11.Indemnity
12.Enactments and agreements
13.Co-operation
14.Access
15.Arbitration
16.Notices
PART 7 For the protection of National Grid Electricity Transmission Plc
1.Application
2.Interpretation
3.On Street Apparatus
4.Apparatus of National Grid in closed streets
5.Protective works to buildings
6.Acquisition of land
7.Removal of apparatus
8.Facilities and rights for alternative apparatus
9.Retained apparatus: protection
10.Expenses
11.Indemnity
12.Enactments and agreements
13.Co-operation
14.Access
15.Arbitration
16.Notices
PART 8 For the protection of Cadent Gas Limited as Gas Undertaker
1.Application
2.Interpretation
3.On Street Apparatus
4.Apparatus of Cadent in closed streets
5.Protective works to buildings
6.Acquisition of land
7.Removal of apparatus
8.Facilities and rights for alternative apparatus
9.Retained apparatus: protection of Cadent
10.Expenses
11.Indemnity
12.Enactments and agreements
13.Co-operation
14.Access
15.Arbitration
16.Notices
PART 9 For the protection of Anglian Water Services Limited
1.Application
2.Interpretation
3.Apparatus in closed streets
4.Protective works to buildings
5.Acquisition of land
6.Removal of apparatus
7.Facilities and rights for alternative apparatus
8.Retained apparatus
9.Expenses and costs
10.(1) Subject to sub-paragraphs (2) and (3), if by reason...
11.Anglian Water must give the undertaker reasonable notice of any...
12.Cooperation
13.Where the undertaker identifies any apparatus which may belong to...
14.Nothing in this Part of this Schedule affects the provisions...
15.The undertaker and Anglian Water may by written agreement substitute...
16.For the avoidance of doubt whenever Anglian Water’s consent, agreement...
17.Any difference or dispute arising between the undertaker and Anglian...
PART 10 For the protection of Norfolk Vanguard
1.The provisions of this Part apply for the protection of...
2.In this Part— “apparatus” means the cables, structures or other...
3.The consent of Vanguard under this Part is not required...
4.Where conditions are included in any consent granted by Vanguard...
5.The undertaker must not under the powers of this Order—...
6.(1) The undertaker must not under the powers of this...
7.(1) The undertaker must give to Vanguard not less than...
8.The undertaker must at all reasonable times during construction of...
9.(1) After the purpose of any temporary works has been...
10.If in consequence of the exercise of the powers conferred...
11.Subject to paragraph 10 the undertaker must not exercise the...
12.To ensure its compliance with this Part, the undertaker must...
13.The undertaker and Vanguard must each act in good faith...
14.The undertaker must pay to Vanguard the reasonable expenses incurred...
15.(1) Subject to sub-paragraphs (2) and (3), if by reason...
16.Any dispute arising between the undertaker and Vanguard under this...
PART 11 For the protection of Norfolk Boreas
1.The provisions of this Part apply for the protection of...
2.In this Part— “apparatus” means the cables, structures or other...
3.The consent of Boreas under this Part is not required...
4.Where conditions are included in any consent granted by Boreas...
5.The undertaker must not under the powers of this Order—...
6.(1) The undertaker must not under the powers of this...
7.(1) The undertaker must give to Boreas not less than...
8.The undertaker must at all reasonable times during construction of...
9.(1) After the purpose of any temporary works has been...
10.If in consequence of the exercise of the powers conferred...
11.Subject to paragraph 10, the undertaker must not exercise the...
12.To ensure its compliance with this Part, the undertaker must...
13.The undertaker and Boreas must each act in good faith...
14.The undertaker must pay to Boreas the reasonable expenses incurred...
15.(1) Subject to sub-paragraphs (2) and (3), if by reason...
16.Any dispute arising between the undertaker and Boreas under this...
PART 12 For the protection of Eastern Power Networks Plc
1.Application
2.Interpretation
3.Except for paragraph 4 (apparatus in closed streets), and 9...
4.Apparatus of Protected Persons in closed streets
5.Protective works to buildings
6.Acquisition of land
7.Removal of apparatus
8.Facilities and rights for alternative apparatus
9.Retained apparatus: Protection
10.Expenses
11.(1) Subject to sub-paragraphs (2) and (3) of this paragraph...
12.Enactments and agreements
13.Co-operation
14.Access
15.Arbitration
PART 13 For the protection of National Highways Limited
1.Application etc.
2.Interpretation
3.General
4.Notwithstanding any limits of deviation permitted pursuant to the Order,...
5.References to any standards, manuals, contracts, regulations and directives including...
6.Works outside the Order limits
7.Prior approvals and security
8.Construction of the specified works
9.Payments
10.Provisional certificate
11.Opening
12.Final condition survey
13.Defects period
14.Final certificate
15.Security
16.Commuted sums
17.Insurance
18.Indemnity
19.Maintenance of the specified works
20.Land
21.Expert Determination
PART 14 For the protection of Perenco North Sea Limited
1.Application
2.Interpretation
3.Works affecting the facilities
4.Cooperation
SCHEDULE 15
Arbitration Rules
1.Primary objective
2.Time periods
3.Timetable
4.Procedure
5.Arbitrator’s powers
6.Costs
7.Confidentiality
SCHEDULE 16
Hedgerows
PART 1 Removal of Hedgerows
PART 2 Removal of potentially important hedgerows
PART 3 Removal of important hedgerows
SCHEDULE 17
Compensation Measures
PART 1 North Norfolk Coast Special Protection Area / Greater Wash Special Protection Area: Delivery of measures to compensate for sandwich tern loss
1.In this Part— “Defra” means the Department for Environment, Food...
2.The offshore works may not be commenced until a plan...
3.Following consultation with the STCSG the Sandwich Tern CIMP must...
4.(1) The Sandwich Tern CIMP must be based on the...
5.The undertaker shall not be required to undertake the nesting...
6.The undertaker must implement the measures set out in the...
7.The undertaker shall notify the Secretary of State of completion...
8.Results from the monitoring scheme must be submitted at least...
9.The compensation measures implemented in accordance with the Sandwich Tern...
10.The Sandwich Tern CIMP approved under this Schedule includes any...
11.In the event of any conflict of inconsistency between the...
PART 2 Flamborough and Filey Coast Special Protection Area: Delivery of measures to compensate for kittiwake loss
12.In this Part— “Defra” means the Department for Environment, Food...
13.The offshore works may not be commenced until a plan...
14.Following consultation with the KCSG the Kittiwake CIMP must be...
15.The Kittiwake CIMP must be based on the strategy for...
16.The undertaker shall not be required to undertake the artificial...
17.The undertaker must implement the measures set out in the...
18.The undertaker shall notify the Secretary of State of completion...
19.Results from the monitoring scheme must be submitted at least...
20.The compensation measures implemented under the Kittiwake CIMP must not...
21.The Kittiwake CIMP approved under this Schedule includes any amendments...
22.In the event of any conflict or inconsistency between the...
PART 3 Flamborough and Filey Coast Special Protection Area: Delivery of measures to compensate for guillemot loss
23.In this Part— “Defra” means the Department for Environment, Food...
24.The offshore works may not be commenced until a plan...
25.Following consultation with the GCSG the Guillemot CIMP must be...
26.The Guillemot CIMP must be based on the strategy for...
27.The undertaker shall not be required to undertake the bycatch...
28.The undertaker must carry out the measures set out in...
29.The undertaker shall notify the Secretary of State of completion...
30.Results from the monitoring scheme must be submitted at least...
31.The Guillemot CIMP approved under this Schedule includes any amendments...
32.In the event of any conflict or inconsistency between the...
PART 4 Measures of equivalent environmental benefit
33.In this Part— “Defra” means the Department for Environment, Food...
34.The licenced activities may not be commenced until a plan...
35.Following consultation with the MEEB steering group the MIMP must...
36.No laying of any cables or cable protection works may...
37.The undertaker shall not be required to undertake the oyster...
38.Subject to paragraph 43 of this Part, the undertaker must...
39.The undertaker is not required to implement the MIMP if...
40.The undertaker shall notify the Secretary of State of completion...
41.Results from the monitoring scheme must be submitted at least...
42.Once the measures have been implemented the undertaker shall provide...
43.The MIMP approved under this Schedule includes any amendments that...
44.In the event of any conflict or inconsistency between the...
SCHEDULE 18
Documents to be certified
Explanatory Note