PART 1Preliminary

Citation and commencement

1.  This Order may be cited as the Hornsea One Offshore Wind Farm Order 2014 and comes into force on 31st December 2014.

Interpretation

2.  (1)  In this Order-

"the 1961 Act" means the Land Compensation Act 1961(4);

"the 1965 Act" means the Compulsory Purchase Act 1965(5);

"the 1980 Act" means the Highways Act 1980(6);

"the 1981 Act" means the Compulsory Purchase (Vesting Declarations) Act 1981(7);

"the 1989 Act" means the Electricity Act 1989(8);

"the 1990 Act" means the Town and Country Planning Act 1990(9);

"the 1991 Act" means the New Roads and Street works Act 1991(10);

"the 2003 Act" means the Electronic Communications Act 2003(11);

"the 2004 Act" means the Energy Act 2004(12);

"the 2008 Act" means the Planning Act 2008;

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

"ancillary works" means the ancillary works described in Part 2 of Schedule 1 and other works authorised by the Order, which are not development within the meaning of section 32 of the 2008 Act;

"authorised development" means development described in Part 1 of Schedule 1 and other development authorised by the Order, which is development within the meaning of section 32 of the 2008 Act;

"the authorised project" means the authorised development and the ancillary works authorised by this Order;

"the book of reference" means the book of reference certified by the Secretary of State for the purposes of this Order;

"commence", except where otherwise provided for, means commencing any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development other than operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground conditions, and remedial work in respect of any contamination or other adverse ground conditions, and "commencement" shall be construed accordingly;

"deemed marine licence" means a licence set out in any of Schedules 8 to 11, and deemed by article 35 to have been granted under Part 4 of the 2009 Act, by virtue of section 149A of the 2008 Act;

"electrical circuit" means a number of electrical conductors necessary to transmit electricity between two points within the authorised development; this comprises, in the case of HVAC transmission, three conductors which may be bundled as one cable or (onshore) take the form of three separate cables, and, in the case of HVDC transmission two conductors, which may be attached together or take the form of single cables: the circuit may include one or more auxiliary cables (normally fibre optic cables) for the purpose of control, monitoring, protection or general communications;

"electrical transmission station" means the onshore HVDC converter station or the HVAC substation required for connecting the electrical circuits to the National Grid;

"the Environmental Statement" means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;

"gravity base foundation" means either-

"highway" and "highway authority" have the same meaning as in the 1980 Act;

"horizontal directional drilling" refers to a boring technique involving drilling in an arc between two points;

"HVAC" means high voltage alternating current;

"HVDC" means high voltage direct current;

"the inter- array electrical circuits" means the circuits described in paragraph (b) of Work No.1, paragraph (b) of Work No.2 and paragraph (b) of Work No.3;

"the intertidal area" means the area between mean high water springs and mean low water springs;

"jacket foundation" means a lattice construction comprising tubular members and joints which are fixed to the seabed with piles (either driven or drilled piles or suction piles) and which will include platforms and J-tubes and may include braced monopiles and a transition piece;

"the land plans" means the plans certified as the land plans by the Secretary of State for the purposes of this Order;

"the licence conditions" means the conditions set out in respect of each of the deemed marine licences in Part 2 of Schedules 8 to 11 respectively;

"the limits of deviation" means the limits of deviation for the scheduled works comprised in the authorised development shown on the works plans;

"the local planning authority" means, in relation to any land or part of the authorised development, the district council or unitary authority for the area in which the land or development is situated;

"maintain", includes, to the extent assessed in the environmental statement-

but does not include the alteration, removal or replacement of foundations; and "maintenance" shall be construed accordingly;

"MHWS" means the highest level which spring tides reach on average over a period of time;

"MLWS" means the lowest level which spring tides reach on average over a period of time;

"the MMO" means the Marine Management Organisation or any successor to its statutory functions;

"mode of transmission" means whichever of the HVAC or HVDC technologies is chosen by the undertaker as the means of transmitting electricity by cable for the purposes of the authorised project;

"monopile foundation" comprises a large diameter steel or concrete tube or pile driven vertically into the seabed, J-tubes and platforms and may include external structural devices such as bracing members or steel anchor wires and a transition piece;

"offshore accommodation platform" means a platform housing or incorporating temporary accommodation, landing ports for vessels and/or helicopters, standby electricity generation equipment, marking and lighting and other equipment facilities to assist in the co-ordination of marine activities related to the authorised development;

"offshore HVAC collector substation" means a structure serving as a collection point for the inter-array electrical circuits and containing equipment with the purpose of transforming the electricity generated at the wind turbines to a higher voltage; it may also include a helicopter platform;

"offshore HVDC converter station" means a structure which contains equipment to convert HVAC electricity to HVDC electricity; it may also include a helicopter platform;

"offshore reactive compensation substation" means a structure housing electrical reactors for the purpose of limiting electrical losses in the course of HVAC transmission by providing reactive compensation; it may also include a helicopter platform;

"the offshore works plans" means the part of the works plans described as the offshore works plans;

"the onshore works plans" means the part of the works plans described as the onshore works plans;

"the 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;

"the Order limits" means the limits shown on the works plans within which the authorised project may be carried out;

"requirements" means those matters set out in Part 3 (requirements) of Schedule 1 to this Order;

"scheduled works" means the numbered works specified in Part 1 of Schedule 1 to this Order, or any part of them;

"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 Part 3 of the 1991 Act;

"suction pile" means a large diameter steel cylinder which is fixed to the base of the foundation and partially penetrates the seabed and remains in place using its weight and hydrostatic pressure differential;

"the tribunal" means the Lands Chamber of the Upper Tribunal;

"Trinity House" means the Corporation of Trinity House of Deptford Strond;

"undertaker" is to be construed in accordance with article 3;

"vessel" means every description of vessel, however propelled or moved, and includes a nondisplacement 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, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer;

"Wind Farm Area 1" means the area within the limits of deviation for Work No. 1 of which the co-ordinates are specified in Part 1 of Schedule 1;

"Wind Farm Area 2" means the area within the limits of deviation for Work No. 2 of which the co-ordinates are specified in Part 1 of Schedule 1;

"Wind Farm Area 3" means the area within the limits of deviation for Work No. 3 of which the co-ordinates are specified in Part 1 of Schedule 1;

"wind turbine generator" means a structure comprising a tower, rotor with horizontal axis blades connected at the hub, nacelle containing mechanical and electrical equipment, ancillary equipment including access ladders and platforms, lifts, cables, corrosion protection systems, maintenance equipment, helihoist facilities and other associated equipment, which may include lighting and a helicopter platform, fixed to a foundation; and

"the works plans" means the plans certified as the works plans by the Secretary of State for the purposes of this Order divided into three parts and described as the offshore works plans, the intertidal works plans and the onshore works plans.

(2) All distances, directions and lengths referred to in this Order are approximate, save in respect of the parameters referred to in requirements 2 and 4 in Part 3 of Schedule 1 and licence conditions 1 to 5 in Part 2 of each of Schedules 8 to 11 (deemed marine licences), and distances between parts of a work comprised in the authorised development are taken to be measured along that work.

(3) References in this Order to points identified by letters, with or without numbers, are to be construed as references to points so lettered on the works plans.

(4) References in this Order to numbered works, except in Schedules 8 to 11, are references to the scheduled works as numbered in Part 1 of Schedule 1.

(5) Unless otherwise indicated-

(a)all offshore co-ordinates shall be taken to be latitude and longitude degrees, minutes and seconds to three decimal places in WGS84 Datum; and

(b)all onshore co-ordinates shall be taken to be Eastings and Northings in OSGB36 Datum, British National Grid Projection.

PART 2Principal powers

Development consent granted by the Order

3.  (1)  Subject to the provisions of this Order and the requirements, development consent is granted to the following persons in respect of the scheduled works, along with associated development and ancillary works related to those works-

(a)to Njord Limited to construct, maintain and operate Work No.2;

(b)to Vi Aura Limited to construct, maintain and operate Work No.3; and

(c)to Heron Wind Limited to carry out all other works comprising the authorised development,

such development, associated development and ancillary works to be carried out within the Order limits, and Schedule 1 (authorised project) has effect.

(2) Each of the scheduled works must be constructed and maintained within the limits of deviation for that work.

(3) In carrying out any of the scheduled works the undertaker may deviate from the situations shown on the works plans and described in Schedule 1 to the extent of the limits of deviation.

(4) The grant of development consent under paragraph (1)(b) is subject to paragraph 3 of Part 1 of Schedule 1 (Work No. 3 not to be constructed if Work Nos. 1 or 2 include more than 80 wind turbine generators).

(5) Any reference in this Order to the "undertaker" means Heron Wind Limited except that-

(a)insofar as relevant to Work No. 2 and related associated development or ancillary works, "undertaker" means Njord Limited;

(b)insofar as relevant to Work No.3 and related associated development or ancillary works, "undertaker" means Vi Aura Limited; and

(c)"undertaker" means two or more of Heron Wind Limited, Njord Limited or Vi Aura Limited, where this is necessary for the fulfilment of the obligations in this Order.

Maintenance of authorised project

4.  Subject to the other terms of this Order, the undertaker may at any time maintain the authorised project, except to the extent that this Order or an agreement made under this Order, provides otherwise.

Operation of electricity generating stations

5.  (1)  The undertaker is hereby authorised to operate the electricity generating stations comprised in the authorised development.

(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required to authorise the operation of an electricity generating station.

PART 3Streets

Street works

6.  (1)  The undertaker may, for the purposes of the authorised project, enter on so much of any of the streets specified in Schedule 2 (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)place apparatus in the street;

(d)maintain apparatus in the street or change its position; and

(e)execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b), (c) and (d).

(2) In this article "apparatus" has the same meaning as in Part 3 of the 1991 Act.

Application of the 1991 Act

7.  (1)  The provisions of the 1991 Act mentioned in paragraph (2) which, together with other provisions of that Act, apply in relation to the carrying out of street works and any regulations made or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to the temporary stopping up, temporary alteration or temporary diversion of a street by the undertaker under the powers conferred by article 8 (temporary stopping up of streets) and the carrying out of works under article 6 (street works) whether or not the stopping up, alteration or diversion, or the carrying out of such works, constitutes street works within the meaning of that Act.

(2) The provisions of the 1991 Act referred to in paragraph (1) are-

• sections 54 (advance notice of certain works) and 55, subject to paragraph (3);

• section 55 (notice of starting date of works), subject to paragraph (3);

• section 57 (notice of emergency works);

• section 59 (general duty of street authority to co-ordinate works);

• section 60 (general duty of undertakers to co-operate);

• section 68 (facilities to be afforded to street authority);

• section 69 (works likely to affect other apparatus in the street);

• section 76 (liability for cost of temporary traffic regulation);

• section 77 (liability for cost of use of alternative route); and

all such provisions as apply for the purposes of the provisions mentioned above.

(3) Sections 54 and 55 of the 1991 Act as applied by paragraph (1) have effect as if references in section 57 of that Act to emergency included a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

Temporary stopping up of streets

8.  (1)  The undertaker, during and for the purposes of carrying out the authorised project, may temporarily stop up, alter or divert any street and may for any reasonable time-

(a)divert the traffic from the street; and

(b)subject to paragraph (3), prevent all persons from passing along the street.

(2) Without limitation on the scope of paragraph (1), the undertaker may use any street temporarily stopped up under the powers conferred by this article 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 stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

(4) Without limitation on the scope of paragraph (1), the undertaker may temporarily stop up, alter or divert the streets specified in columns (1) and (2) of Schedule 3 (streets to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the works plans, in column (3) of that Schedule.

(5) The undertaker must not temporarily stop up, alter, divert or use as a temporary working site-

(a)any street specified as mentioned 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 any 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.

(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.

Access to works

9.  (1)  The undertaker may for the purposes of the authorised project-

(a)form and lay out means of access, or improve existing means of access, in the location specified in columns (1) and (2) of Schedule 4 (access to works); and

(b)with the approval of the local planning authority after consultation with the highway authority, 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 local planning authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (1)(b) that local planning authority shall be deemed to have granted consent.

Agreements with street authorities

10.  A street authority and the undertaker may enter into agreements with respect to-

(a)the construction of any new street authorised by this Order; or

(b)the carrying out in the street of any of the works referred to in article 6(1) (street works).

(c)Such an agreement may, without prejudice to the generality of paragraph (1)-

(d)make provision for the street authority to carry out any function under this Order which relates to the street in question;

(e)include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and

(f)contain such terms as to payment and otherwise as the parties consider appropriate.

Highway improvements

11.  (1)  The undertaker may carry out highway improvements to the plot marked 106 on the land plans.

(2) The highway improvements should be carried out in accordance with plans approved by the relevant highway authority, such approval not to be unreasonably withheld.

(3) If the relevant highway authority fails to notify the undertaker of its decision on whether to give approval within 28 days of receiving plans for approval that highway authority is deemed to have given approval.

PART 4Supplemental powers

Discharge of water

12.  (1)  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 lay down, take up and alter pipes and may, on any land within the Order limits and subject to receipt of consent under paragraph (3), 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 under paragraph (1) is to be determined as if it were a dispute under section 106 of the Water Industry Act 1991(14) (right to communicate with public sewers).

(3) The undertaker must not discharge any water into any 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 make any opening into any public sewer or drain 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 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.

(6) 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.

(7) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2010(15).

(8) 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.

(9) In this article-

(a)"public sewer or drain" means a sewer or drain which belongs to the Environment Agency, a harbour authority within the meaning of section 57 of the Harbours Act 1964(16) (interpretation), an internal drainage board, a local authority, or a sewerage undertaker; and

(b)other expressions, excluding "watercourse", used both in this article and in the Environmental Permitting (England and Wales) Regulations 2010 have the same meaning as in those regulations.

Authority to survey and investigate the land

13.  (1)  The undertaker may for the purposes of this Order enter on any land shown within the Order limits and-

(a)survey or investigate the land;

(b)without limitation on the generality of 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 limitation on the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and

(d)place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.

(2) No land may be entered under paragraph (1) 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.

(3) Any person entering land under this article on behalf of the undertaker-

(a)must, if so required, 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 are to be made under this article-

(a)in land located within the highway boundary without the consent of the highway authority; or

(b)in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority 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.

(6) 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)(a) in the case of a highway authority; or

(b)under paragraph (4)(b) in the case of a street authority,

that authority is deemed to have granted consent.

PART 5Powers of acquisition etc.

Guarantees in respect of payment of compensation

14.  (1)  The undertaker must not begin to exercise the powers in articles 15 to 25 of this Order in relation to any land unless it has first put in place either-

(a)a guarantee in respect of the liabilities of the undertaker to pay compensation under this Order in respect of the exercise of the relevant power in relation to that land; or

(b)an alternative form of security for that purpose which has been approved by the Secretary of State.

(2) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under the Order is to be treated as enforceable against the guarantor by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(3) The guarantee or alternative form of security is to be in place for a maximum of 20 years from the date on which relevant power is exercised.

Compulsory acquisition of land

15.  The undertaker may acquire compulsorily so much of the Order land shown numbered 404 on the land plans as is required for the authorised project or to facilitate, or is incidental, to it.

Compulsory acquisition of rights

16.  (1)  In the case of the Order land specified in column (1) of Schedule 5 (land in which new rights etc., may be acquired) the undertaker may acquire compulsorily such new rights by creating them as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights)), where the undertaker acquires a right over land the undertaker is not required to acquire a greater interest in that land.

(3) Schedule 6 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.

(4) In any case where the acquisition of new rights under paragraph (1) is required for the purpose 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.

(5) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (4) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

(6) Any person who suffers loss as a result of the extinguishment or 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.

Time limit for exercise of authority to acquire land compulsorily

17.  (1)  After the end of the period of five years beginning on the day on which this Order is made-

(a)no notice to treat is to be served under Part 1 of the 1965 Act; and

(b)no declaration is to be executed under section 4 of the 1981 Act as applied by article 19 (application of the Compulsory Purchase (Vesting Declarations) Act 1981)(17).

(2) The authority conferred by article 23 (temporary use of land for carrying out the authorised project) ceases at the end of the period referred to in paragraph (1), save that 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.

Private rights

18.  (1)  Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under article 15 (compulsory acquisition of land) are extinguished-

(a)as 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) of the 1965 Act (power of entry),

whichever is the earliest.

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights under article 16 (compulsory acquisition of rights) are extinguished in so far as their continuance would be inconsistent with the exercise of the right-

(a)as from the date of the acquisition of the right by the undertaker (whether the right is acquired compulsorily or by agreement, or through the grant of lease of the land by agreement); or

(b)on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act in pursuance of the right,

whichever is the earliest.

(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 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 of the 2008 Act (compensation in case where no right to claim in nuisance) 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 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 25 (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,

(ii)the undertaker's appropriation of it,

(iii)the undertaker's entry onto it, or

(iv)the undertaker's taking temporary possession of it,

(v)that any or all of those paragraphs do not apply to any right specified in the notice; and

(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 any such agreement as is 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,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(8) Reference in this article to private rights over land includes reference to any trusts or incidents to which the land is subject.

Application of the Compulsory Purchase (Vesting Declarations) Act 1981

19.  (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 3 (preliminary notices), for subsection (1) there is substituted-

"(1) Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice which is-

(a)given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and

(b)published in a local newspaper circulating in the area in which the land is situated. "

(4) In that section, in subsection (2), for "(1)(b)" there is substituted "(1)" and after "given" there is inserted "and published".

(5) In that section, for subsections (5) and (6) there is substituted-

"(5) For the purposes of this section, a person has a relevant interest in land if-

(a)that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or

(b)that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month."

(6) In section 5 (earliest date for execution of declaration)-

(a)in subsection (1), after "publication" there is inserted "in a local newspaper circulating in the area in which the land is situated"; and

(b)subsection (2) is omitted.

(7) In section 7 (constructive notice to treat), in subsection (1)(a), the words "(as modified by section 4 of the Acquisition of Land Act 1981)" are omitted.

(8) References to the 1965 Act in the 1981 Act are construed as references to that Act as applied by section 125 of the 2008 Act to the compulsory acquisition of land under this Order.

Acquisition of subsoil or airspace only

20.  (1)  The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of, or the airspace over, the land referred to in article 15 (compulsory acquisition of land) 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) Where the undertaker acquires any part of, or rights in, the subsoil of land, or the airspace over, under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) Paragraph (2) does not prevent article 21 (acquisition of part of certain properties) from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.

Acquisition of part of certain properties

21.  (1)  This article applies instead of section 8(1) of the 1965 Act (other provisions as to divided land) (as applied by section 125 of the 2008 Act) where-

(a)a notice to treat is served on a person ("the owner") under the 1965 Act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden ("the land subject to the notice to treat"); and

(b)a copy of this article is served on the owner with the notice to treat.

(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole ("the land subject to the counter-notice").

(3) If no such counter-notice is served within that period, the owner must sell the land subject to the notice to treat.

(4) If such a counter-notice is served within that period, the question whether the owner must sell only the land subject to the notice to treat is, unless the undertaker agrees to take the land subject to the counter-notice, to be referred to the tribunal.

(5) If on such a reference the tribunal determines that the land subject to the notice to treat can be taken-

(a)without material detriment to the remainder of the land subject to the counter-notice; or

(b)where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the owner must sell the land subject to the notice to treat.

(6) If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken-

(a)without material detriment to the remainder of the land subject to the counter-notice; or

(b)where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the notice to treat is deemed to be a notice to treat for that part.

(7) If on such a reference the tribunal determines that-

(a)the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but

(b)the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.

(8) If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines that-

(a)none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and

(b)the material detriment is not confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.

(9) Where, by reason of a determination by the tribunal under this article, a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of six weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.

(10) Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the undertaker must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.

Rights under or over streets

22.  (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 which 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 of the 1961 Act.

(5) Compensation is not be payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing cost of necessary measures) 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

23.  (1)  The undertaker may, in connection with the carrying out of the authorised project-

(a)enter on and take temporary possession of-

(i)the Order land specified in columns (1) and (2) of Part 1 of Schedule 7 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the part of the authorised project specified in column (4) of that Schedule;

(ii)any of the land referred to in article 15 (compulsory acquisition of land) and Schedule 5 (land in which only new rights etc. may be acquired) in respect of which no notice of entry has been served under section 11 of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the 1981 Act;

(b)remove any buildings and vegetation from that land;

(c)construct temporary works (including the provision of means of access) and buildings on that land; and

(d)construct or carry out any works or operations specified in relation to that land in column (3) of Part 1 of Schedule 7, or any other mitigation works or operations (including land drainage restoration works).

(2) The undertaker may, for the purpose of obtaining access to construct the authorised project-

(a)make temporary use, in common with other persons enjoying rights over that land, of access routes over the land specified in Part 2 of Schedule 7; and

(b)carry out any necessary works to improve those access routes (and for that purpose only take temporary possession of the area in which the work is to be carried out for the duration of that work).

(3) Not less than 14 days before entering on and taking temporary possession of or using 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 not, 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 Part 1 of Schedule 7;

(b)in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of this 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.

(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; but the undertaker is not required to-

(a)replace a building removed under this article; or

(b)restore the land on which any works have been constructed under paragraph (1)(d).

(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 any power conferred by this article.

(7) Any dispute as to a person's entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 Act (further provisions as to compensation for injurious affection) 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 (6).

(9) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not precluded from-

(a)acquiring new rights over any part of that land under article 16 (compulsory acquisition of rights); or

(b)acquiring any part of the subsoil (or rights in the subsoil) of that land under article 20 (acquisition of subsoil or airspace only).

(10) Where the undertaker takes possession of or uses land under this article, the undertaker is not required to acquire the land or any interest in it.

(11) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of 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 of the 2008 Act (application of compulsory acquisition provisions).

Temporary use of land for maintaining authorised project

24.  (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 referred to in paragraph (1) of article 23 (temporary use of land for carrying out the authorised project) 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, is to be determined under Part 1 of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 Act (further provisions as to compensation for injurious affection) 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 of the 1965 Act (refusal to give possession to acquiring authority) 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 of the 2008 Act (application of compulsory acquisition provisions).

(11) In this article "the maintenance period", in relation to any part of the authorised project, means the period of five years beginning with the date on which that part of the authorised project is first energised.

Statutory undertakers

25.  Subject to the provisions of Schedule 12 (Protective Provisions), the undertaker may-

(a)exercise the powers conferred by articles 15 (compulsory acquisition of land) and 16 (compulsory acquisition of rights) in relation to so much of any land referred to in those articles as belongs to statutory undertakers;

(b)extinguish the rights of, remove or reposition the apparatus belonging to statutory undertakers over or within the Order land referred to in those articles.

Recovery of costs of new connections

26.  (1)  Where any apparatus of public utility undertakers or of a public communications provider is removed under article 25 (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 25 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 which 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 sewerage disposal plant.

(3) In this article-

(a)"public communications provider" has the same meaning as in section 151(1) of the Communications Act 2003(18); and

(b)"public utility undertaker" has the same meaning as in the 1980 Act.

PART 6Operations

Felling or lopping of trees and the removal of hedgerows

27.  (1)  The undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits or cut back its roots, if it 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 with the authorised project.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) The undertaker may remove any hedgerows within the Order limits that may be required for the purposes of the carrying out of the authorised development.

(4) The undertaker is not required to comply with the requirements of regulation 5 of the Hedgerow Regulations 1997(19) in exercising the powers of paragraph (3) and it is not guilty of an offence under regulation 7(1) of those Regulations if it does so.

(5) Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

(6) In this article "hedgerow" has the same meaning as in the Hedgerow Regulations 1997.

Trees subject to tree preservation orders

28.  (1)  The undertaker may lop any tree within or overhanging land within the Order limits where that tree is subject to a tree preservation order which was made after 31st January 2013.

(2) In carrying out any activity authorised by paragraph (1)-

(a)the undertaker must not cause 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) of the 1990 Act (replacement of trees) does not apply.

(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, is to be determined under Part 1 of the 1961 Act.

PART 7Miscellaneous and general

Operational land for purposes of the 1990 Act

29.  Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as operational land for the purposes of that Act).

Disapplication of legislative provisions

30.  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)section 109 of the Water Resources Act 1991(20);

(b)the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991, which require consent or approval for the carrying out of the works;

(c)section 23 of the Land Drainage Act 1991(21);

(d)the provisions of any byelaws made under section 66 of the Land Drainage Act 1991 which require consent or approval for the carrying out of the works.

Defence to proceedings in respect of statutory nuisance

31.  (1)  Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990(22) (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order is to be made, and no fine may be imposed, under section 82(2) of that Act if-

(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 that the nuisance is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974(23); or

(ii)is a consequence of the construction or maintenance of the authorised project and that it cannot reasonably be avoided; or

(b)the defendant shows that the nuisance is a consequence of the use of the authorised project and that it cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 and section 65(8) of that Act (corresponding provision in relation to consent for registered noise level to be exceeded), do 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.

Procedure in relation to approvals etc under requirements

32.  Where an application is made to the relevant planning authority or authorities for any consent, agreement or approval required by a requirement, the following provisions apply, so far as they relate to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission as if the requirement was a condition imposed on the grant of planning permission-

(a)sections 78 and 79 of the 1990 Act (right of appeal in relation to planning decisions);

(b)any orders, rules or regulations which make provision in relation to appeals under section 78 of the 1990 Act,

insofar as those provisions are not inconsistent with the Infrastructure Planning (Environmental Impact Assessment Regulations) 2009(24) and any orders, rules or regulations made under the 2008 Act.

Abatement of offshore works abandoned or decayed

33.  (1)  Where the authorised development constructed seaward of MHWS or any part of it is abandoned or suffered to fall into decay the Secretary of State may, following consultation with the undertaker, by notice in writing require the undertaker at its own expense either to repair and restore the authorised development or any part, or to remove the authorised development and restore the site to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.

(2) In circumstances where the undertaker is required to remove the authorised development, without prejudice to any notice served under section 105(2) of the 2004 Act, the notice may also require the restoration of the site of the relevant part of the authorised development to a safe and proper condition within an area and to such an extent as may be specified in the notice.

(3) If the undertaker fails to comply in any respect with a notice served under this article within the period of 30 days beginning with the date of service of the notice, the Secretary of State may take whatever steps the Secretary of State considers appropriate to achieve the result required by the notice; and any expenditure incurred by the Secretary of State in doing so is recoverable from the undertaker.

Transfer of benefit of Order

34.  (1)  The undertaker with the consent of the Secretary of State may-

(a)transfer to another person (the "transferee") any or all of their benefit of the provisions of this Order (including the deemed marine licences) and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b)grant to another person (the "lessee") for a period agreed between the undertaker and the lessee any or all of their benefit of the provisions of this Order (including the deemed marine licences) and such related statutory rights as may be so agreed.

(2) Where the consent of the Secretary of State is required under paragraph (1), the Secretary of State must consult the MMO prior to granting consent if such transfer or grant relates to the exercise of powers within the MMO's jurisdiction.

(3) Where a transfer or grant has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (4), includes references to the transferee or the lessee.

(4) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) 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.

(5) The consent of the Secretary of State is not required for a transfer or grant for an agreed period of the benefit of any of the provisions (and any related statutory rights) relating to Works Nos. 1, 2 or 3 from one undertaker to another or of any of the provisions (and any related statutory rights) relating to Works Nos. 4 to 12 to another body licensed under section 6 of the 1989 Act.

(6) Prior to any transfer or grant under this article taking effect the undertaker must give notice in writing to the Secretary of State and to the MMO, and if such transfer or grant relates to the exercise of powers in their area, to the local planning authority, stating-

(a)the name and contact details of the person to whom the benefit of the powers will be transferred or granted;

(b)subject to paragraph (7), the date on which the transfer will take effect;

(c)the powers to be transferred or granted;

(d)pursuant to paragraph (4), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted;

(e)where relevant, a plan showing the works or areas to which the transfer or grant relates; and

(f)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.

(7) The date specified under (6)(b) must not be earlier than the expiry of five days from the date of the receipt of the notice.

(8) The notice given under paragraph (6) 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.

Deemed marine licences under the Marine and Coastal Access Act 2009

35.  The person who is the licence-holder for the purpose of each of Schedules 8 to 11 is deemed to be granted under Part 4 of the 2009 Act the deemed marine licence set out in the relevant Schedule, subject to the licence conditions set out in Part 2 of that Schedule.

Disapplication of constraints on works in the Humber

36.  The following provisions do not apply to the authorised project-

(a)section 25 of the Humber Conservancy Act 1852(25);

(b)section 9(ii) (licences for execution of works) of the Humber Conservancy Act 1899(26); and

(c)section 6(2) (no erections in the Humber below river lines or without licence above river lines) of the Humber Conservancy Act 1905(27).

Saving for Trinity House

37.  Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.

Crown Rights

38.  (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 licensee-

(a)to take, use, enter upon 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)-

(i)belonging to Her Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

(ii)belonging to Her 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

(iii)belonging to a Government Department or held in trust for Her Majesty for the purposes of a Government Department without the consent in writing of that Government Department; or

(b)to exercise any right under this Order compulsorily to acquire an interest in any land which is Crown Land which is for the time being held otherwise than by or on behalf of the Crown without the consent in writing of the appropriate Crown authority.

(2) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions.

Certification of plans etc

39.  (1)  The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of-

(a)the land plans;

(b)the offshore works plans, intertidal works plans and the onshore works plans;

(c)the book of reference;

(d)the environmental statement; and

(e)any other plans or documents referred to in this Order,

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.

Protection of Interests

40.  Schedule 12 (Protective provisions) has effect.

Arbitration

41.  Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on application of either party (after giving notice in writing to the other) by the Secretary of State.

SCHEDULES

Article 3

SCHEDULE 1Authorised Project

PART 1Authorised development

1.  The authorised development comprises the nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act which is described in paragraphs 2 to 4, and the associated development within the meaning of section 115(2) of the 2008 Act described in paragraphs 5 and 6.

2.  The nationally significant infrastructure project comprises two or, subject to paragraph 3, three offshore wind generating stations with a combined gross electrical output capacity of up to 1,200 MW as follows-

Work No. 1 - an offshore wind generating station within Wind Farm Area 1, whose coordinates constitute the limits of deviation for Work No.1 and are specified in Table 1, comprising-

(a)up to 80 or, if no part of Work No. 3 is constructed, up to 120 wind turbine generators fixed to the seabed;

(b)a network of subsea inter-array electrical circuits connecting the structures comprised in Work No. 1-

(i)with each other;

(ii)with any other structure located within Wind Farm Area 1; and

(iii)(for the purpose of connecting any structure comprised in Work No. 1 with any structure comprised in Works Nos. 2, 3 and 4) with the network of electrical circuits comprised in Works Nos. 2, 3 and 4;

(c)subject to paragraph 4, an offshore accommodation platform fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter stations within Work No. 4 by an unsupported steel bridge.

Work No. 2 - an offshore wind generating station within Wind Farm Area 2, whose coordinates constitute the limits of deviation for Work No.2 and are specified in Table 2, comprising-

(a)up to 80 or, if no part of Work No. 3 is constructed, up to 120 wind turbine generators fixed to the seabed;

(b)a network of subsea inter-array electrical circuits connecting the structures comprised in Work No. 2-

(i)with each other;

(ii)with any other structure located within Wind Farm Area 2; and

(iii)(for the purpose of connecting any structure comprised in Work No. 2 with any structure comprised in Works Nos. 1, 3 and 4) with the network of electrical circuits comprised in Works No. 1, 3 and 4.

(c)subject to paragraph 4, an offshore accommodation platform fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter stations within Work No. 4 by an unsupported steel bridge.

Work No. 3 - an offshore wind generating station within Wind Farm Area 3, whose coordinates constitute the limits of deviation for Work. No. 3 and are specified in Table 3, comprising-

(a)up to 80 wind turbine generators fixed to the seabed;

(b)a network of subsea inter-array electrical circuits connecting the structures comprised in Work No. 3-

(i)with each other;

(ii)within any other structure located within Wind Farm Area 3; and

(iii)(for the purpose of connecting any structure comprised in Work No. 3 with any structure comprised in Works Nos. 1, 2 and 4) with the network of electrical circuits comprised in Works Nos. 1, 2 and 4;

(c)subject to paragraph 4, an offshore accommodation platform fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter stations within Work No. 4 by an unsupported steel bridge.

3.  Work No. 3 may not be constructed, in whole or part, if either Works Nos. 1 or 2 are constructed so as to include more than 80 wind turbine generators.

4.  The combined total of offshore accommodation platforms constructed in whole or in part within Works Nos. 1, 2 and 3 must not exceed 2.

5.  The associated development comprises the following scheduled works and the works specified in paragraph 6-

Offshore works

Work No. 4 - up to five offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to 2 offshore HVDC converter stations together with a network of electrical circuits connecting the structures within Work No. 4, the limits of deviation for which are specified in Table 4.

Work No. 5 - in the event that the mode of transmission is HVAC, an offshore reactive compensation substation fixed to the seabed at latitude point 53° 37′ 39.284" N and longitude point 0° 56′ 9.841" E subject to deviation within the limits of deviation specified in Table 5.

Work No. 6 - a marine connection to the shore, including cable and pipeline crossing works which-

(a)if the mode of transmission is HVAC, consists of up to four subsea electrical circuits proceeding from the offshore HVAC collector substations in Wind Farm Areas 1, 2 and 3 via and connecting with the offshore reactive compensation substation comprised in Work No. 5; or

(b)if the mode of transmission is HVDC, consists of two subsea electrical circuits proceeding from the offshore HVDC converter station or stations within Wind Farm Areas 1, 2 and 3,

(c)and in either case terminates at the commencement of Work No. 7.

The limits of deviation for Work No. 6 are those specified in the offshore works plans, with the principal co-ordinates for the marine export cable area identified in Table 6.

Work No. 7 - a foreshore connection consisting of an extension of the electrical circuits comprised in Work No. 6, including cable crossing works, crossing under the existing sea wall using the horizontal directional drilling method and terminating at the electrical circuit transition joint bays (Work No. 8).

Onshore works

Work No. 8 - up to four underground electrical circuit transition joint bays in the vicinity of Horseshoe Point in the parish of North Coates in the county of Lincolnshire, housing the connections between the offshore and the onshore electrical circuits.

Work No. 9 - a connection consisting of two underground transmission electrical circuits if the mode of transmission is HVDC and up to four underground transmission electrical circuits if the mode of transmission is HVAC. The connection proceeds-

(a)from Work No. 8 at co-ordinate: Easting 537791, Northing 402441; to

(b)Work No. 10 at co-ordinate: Easting 514992, Northing 419274.

Work No. 10 - an electrical transmission station including a building abutting an open yard (which may be partitioned with concrete or steel walls or fences containing switchgear, electrical reactors and other electrical equipment) on land adjoining the North Killingholme National Grid substation. If the electrical circuits comprised in Works Nos. 6, 7 and 9 are HVDC, the electrical transmission station will include facilities to convert the current to HVAC.

Work No. 11 - a connection consisting of up to two underground electrical circuits between Work No. 10 and the North Killingholme National Grid substation, including a connection above ground and electrical engineering works within the National Grid substation buildings and compound.

Work No. 12 - improvements to the verge, highway and private access road running north from Chase Hill Road between the junction with Haven Road in the east and Eastfield Road in the west.

6.  The associated development includes such further development as may be necessary or expedient in connection with each of the scheduled works within Order limits which are within the scope of the environmental impact assessment recorded in the Environmental Statement including-

(a)scour protection around the foundations of the offshore structures;

(b)cable protection measures such as rock placement and the placement of concrete mattresses and frond mattresses;

(c)the disposal of seabed sediments dredged during installation of the foundations of the offshore structures;

(d)dredging;

(e)works to alter the position of apparatus, including mains, sewers, drains and cables;

(f)works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(g)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised project;

(h)works for the benefit or protection of land affected by the authorised project;

(i)working sites in connection with the construction of the authorised project;

(j)works to secure means of access;

(k)works to construct surface water drainage systems;

(l)in connection with Work No. 10, private roads and hardstanding for parking;

(m)jointing pits (including link and/or earthing boxes) in the immediate vicinity of Work No. 9;

(n)a temporary haul road and temporary access track, both alongside and used for the purpose of constructing Work No. 9;

(o)works to enable utility services to be run from Chase Hill Road to Work No. 10; and

(p)such other works and apparatus, plant and machinery of whatever nature as may be necessary or expedient for the purposes of or in connection with the construction of the authorised project.

PART 2Ancillary works

Works and operations within the Order limits comprising-

(a)temporary anchorage of vessels; and

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

PART 3Requirements

Time limits

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

Detailed design parameters

2.  (1)  All wind turbine generators forming part of Works Nos. 1, 2 and 3 must not-

(a)be less than 82 metres to the turbine hub when measured from MHWS;

(b)exceed a height of 200 metres from MHWS to the upper tip of the vertical blade;

(c)exceed a rotor diameter of 178 metres;

(d)be less than 22 metres from MHWS to the lowest point of the rotating blade;

(e)be less than 924 metres from the nearest wind turbine generator in all directions.

(2) Each offshore HVAC collector substation forming part of Work No. 4 must not-

(a)exceed 60 metres in height above MHWS;

(b)have a platform which at its greatest extent exceeds 1,800 m² or 40 metres in width.

(3) Each offshore HVDC converter station forming part of Work No. 4 must not-

(a)exceed 63 metres in height above MHWS;

(b)have a platform which at its greatest extent exceeds 7,200 m² or 120 metres in width.

(4) Each offshore accommodation platform forming part of Works Nos. 1, 2, and 3 must not-

(a)exceed 60 metres in height above MHWS;

(b)have a platform which at its greatest extent exceeds, 3,600 m² or 60 metres in width.

(5) The offshore reactive compensation substation comprised in Work No. 5 must not-

(a)exceed 63 metres in height above MHWS; or

(b)have a platform which at its greatest extent exceeds 1,800 m² or 45 metres in width.

(6) The diameter of the electrical cables comprising the electrical circuits must not exceed the following limitations-

(a)within Works Nos. 1, 2 and 3, 170 mm;

(b)within Work No. 4, 300 mm;

(c)within Work Nos. 6 and 7, 200 mm where the mode of transmission is HVDC and 300 mm where the mode of transmission is HVAC.

(7) The combined length of the inter-array electrical circuits comprised in Works Nos. 1, 2 and 3 must not exceed 450 km.

(8) The total length of the electrical circuits comprised in Work No. 4 must not exceed 80 km.

(9) The combined total area of cable protection for the electrical circuits comprising Works Nos. 1, 2 and 3 must not exceed 450,000 m².

(10) The total area of cable protection for the electrical circuits comprising Work No. 4 must not exceed 80,000 m².

(11) The total area of cable protection for the electrical circuits comprising Work No. 6 located outwith the Humber Estuary Special Area of Conservation must not exceed 1,468,000 m².

(12) The total area of cable protection for the electrical circuits comprising Work No. 6 located within the Humber Estuary Special Area of Conservation must not exceed 12,800 m².

(13) The combined total length of the electrical circuits comprised in Works Nos. 6 and 7 seaward of MHWS must not exceed 600 km.

(14) The combined total volume of cable protection for the electrical circuits comprising Works Nos. 1, 2 and 3 must not exceed 562,500 m³.

(15) The total volume of cable protection for the electrical circuits comprising Work No. 4 must not exceed 100,000 m³.

(16) The total volume of cable protection for the electrical circuits comprising Work No. 6 located outwith the Humber Estuary Special Area of Conservation must not exceed 1,835,000 m³.

(17) The total volume of cable protection for the electrical circuits comprising Work No. 6 located within the Humber Estuary Special Area of Conservation must not exceed 16,000 m³.

(18) The electrical circuits comprised in Works Nos. 1, 2, 3, 4 and 6 must be installed by use of, or a combination of, ploughing, trenching, jetting, rock-cutting, dredging, surface laying with post lay burial, and where ground conditions make burial impracticable, by surface laying.

(19) The electrical circuits comprised in Work No. 7 must be installed by use of, or a combination of, ploughing, trenching and jetting.

(20) The total area in which the four underground transition pits comprised in Work No. 8 may be contained must not exceed 1,000 m² and none of the four transition pits within that area must individually exceed 25 m by 10 m.

(21) The diameter of the cables within Works Nos. 9 and 11 must not exceed 300 mm in diameter.

(22) The main building comprised in Work No. 10 (the electrical transmission station) must not-

(a)exceed 24 metres in height;

(b)exceed 80 metres in width;

(c)exceed 120 metres in length.

(23) The site of Work No. 10 must not cover more than 32,200 m² in area, excluding any area of land required for landscaping and mitigation.

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

Colour and lighting

3.  Except as otherwise required by Trinity House under Condition 6A of the deemed marine licences set out in Schedule 8, the undertaker must exhibit such lights, with such shape, colour and character as required by Air Navigation Order 2009(28) or as directed by the Civil Aviation Authority or the Secretary of State for Defence.

Foundation methods

4.  (1)  The undertaker must in fixing to the seabed any structures comprised in Works Nos. 1, 2, 3, 4 and 5 use one of the following methods-

(a)monopile foundations;

(b)jacket foundations supported by piles; or

(c)gravity base foundations.

(2) The undertaker must not use the monopile foundation method or any other method which includes braced monopiles to fix to the seabed any offshore HVDC converter station.

(3) The following parameters apply in respect of the foundation methods used to fix wind turbine generators to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii)the diameter of each foundation must not exceed 8.5 metres;

(b)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 707 m² per wind turbine;

(ii)the number of piles per jacket must not exceed four;

(iii)the diameter of each pile must not exceed three metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and scour protection for each individual structure must not exceed 6,362 m²;

(ii)the number of piles per jacket must not exceed four;

(iii)the diameter of each pile must not exceed 15 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the seabed levelling diameter must not exceed 70 metres;

(iii)the cone diameter must not exceed 50 metres at its base.

(4) The following parameters apply in respect of the foundation methods used to fix offshore accommodation platforms to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii)the diameter of each foundation must not exceed 8.5 metres;

(b)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,414 m²;

(ii)the number of piles must not exceed eight;

(iii)the diameter of each pile must not exceed three metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the number of piles per jacket must not exceed eight;

(iii)the diameter of each pile must not exceed 15 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the seabed levelling diameter must not exceed 70 metres;

(iii)the cone diameter must not exceed 50 metres at its base.

(5) The following parameters apply in respect of the foundation methods used to fix offshore HVAC collector substations to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii)the diameter of each foundation must not exceed 8.5 metres;

(b)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,924 m²;

(ii)the number of piles per jacket must not exceed eight;

(iii)the diameter of each pile must not exceed 3.5 metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 12,723 m²;

(ii)the number of piles per jacket must not exceed eight;

(iii)the diameter of each pile must not exceed 15 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the seabed levelling diameter must not exceed 70 metres;

(iii)the cone diameter must not exceed 50 metres at its base.

(6) The following parameters apply in respect of the foundation methods used to fix offshore HVDC converter stations to the seabed-

(a)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 4,330 m²;

(ii)the number of piles per jacket must not exceed 18;

(iii)the diameter of each pile must not exceed 3.5 metres;

(b)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 12,723 m²;

(ii)the number of piles per jacket must not exceed eight;

(iii)the diameter of each pile must not exceed 15 metres;

(c)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 19,500 m²;

(ii)the number of pontoons for each individual structure must not exceed two;

(iii)the pontoons must not exceed 110 metres in length or 35 metres in width.

(7) The following parameters apply in respect of the foundation methods used to fix the offshore reactive compensation substation to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection must not exceed 1,419 m²;

(ii)the diameter of each foundation must not exceed 8.5 metres;

(b)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection must not exceed 1,414 m²;

(ii)the number of piles per jacket must not exceed eight;

(iii)the diameter of each pile must not exceed three metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and the scour protection must not exceed 6,362 m²;

(ii)the number of piles per jacket must not exceed eight;

(iii)the diameter of each pile must not exceed 15 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the seabed levelling diameter must not exceed 70 metres;

(iii)the cone diameter must not exceed 50 metres at its base.

(8) The combined total volume of scour protection for the wind turbine generators and the offshore accommodation platforms forming part of the authorised development must not exceed 3,226,187 m³.

Archaeology above mean low water level

5.  (1)  No part of the authorised development above MLWS is to commence within the area of a local planning authority until a written scheme for the investigation of areas of archaeological interest above MLWS has been submitted to and approved by the local planning authority.

(2) The scheme must identify areas where field work and/or a watching brief are required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

(3) Any archaeological works or watching brief carried out under the approved scheme must be by a suitably qualified person or body approved by the local planning authority.

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

Ecological management plan above mean low water level

6.  (1)  No part of the authorised development above MLWS is to commence within the area of a local planning authority until a written ecological management plan relating to the land above MLWS based on the draft ecological management plan contained in volume 6 of the Environmental Statement and reflecting the survey results and ecological mitigation measures included in the environmental statement has been submitted to and approved by the local planning authority in consultation with Natural England, the Environment Agency, and to the extent that the plan relates to the intertidal area, the MMO.

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

(3) The ecological management plan must be submitted for approval at least four months prior to the intended start of construction unless otherwise agreed in writing by the local planning authority in consultation with Natural England.

Code of Construction Practice

7.  (1)  No part of the authorised development above MLWS is to commence within the area of a local planning authority until a code of construction practice relating to the works authorised above MLWS based on the draft code of construction practice contained in volume 4 of the Environmental Statement has been submitted to and approved by the local planning authority such approval to be provided in the case of any construction traffic management plan submitted pursuant to sub-paragraph (e), and any travel plan submitted pursuant to sub-paragraph (l) in consultation with the relevant highway authority and the Highways Agency. The code of construction practice must include-

(a)an external lighting scheme for the construction phase;

(b)construction noise and vibration monitoring and management measures;

(c)air quality and dust monitoring and management measures during construction;

(d)a site waste management plan detailing sustainable site waste management measures;

(e)a construction traffic management plan;

(f)measures to prevent and control spillage of oil, chemicals and other potentially harmful liquids;

(g)details of the storage of materials during construction;

(h)measures for the protection of surface and ground water during construction;

(i)a communication plan;

(j)a Health and Safety Plan including details of how health and safety risks are identified and managed during construction;

(k)details of screening and fencing to be installed during construction;

(l)a travel plan for the construction workforce to include details of-

(i)expected means of travel to and from the construction sites;

(ii)numbers of construction staff, working hours and modal split;

(iii)details of the number of car parking spaces to be provided on sites and if appropriate a car park management plan;

(iv)specification of measures to encourage sustainable travel to and from the construction site for construction staff;

(v)responsibility and timescales for implementing proposed measures;

(vi)targets for vehicle trips and modal splits;

(vii)formal monitoring regime for those targets; and

(viii)details of mess/canteen facilities for staff.

(2) All construction works must be undertaken in accordance with the approved code.

Landscaping

8.  (1)  No part of the authorised development above MLWS is to commence within the area of a local planning authority until a written landscape scheme has been submitted to and approved by the local planning authority.

(2) The written landscape scheme must include the provisions of the draft landscape scheme and management plan contained in Annex 6.4.16: Landscape Scheme and Management Plan of the Environmental Statement, subject to any variation approved by the local planning authority, and, in addition details of-

(a)cultivation, importing of materials and other operations to ensure plant establishment;

(b)proposed finished ground levels;

(c)hard surfacing materials;

(d)minor structures, refuse or other storage units, signs and lighting.

Implementation and maintenance of landscaping

9.  (1)  The landscape works must be carried out in accordance with the relevant scheme approved under requirement 8.

(2) Any tree or shrub planted as part of an approved landscape scheme that within a period of five years after planting, is removed, dies or becomes, in the opinion of the local planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless alternative timing or a different specimen is otherwise approved by the local planning authority.

Decommissioning

10.  No part of the authorised development below MHWS is to commence until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) of the 2004 Act has been submitted to the Secretary of State for approval in relation to that part.

Highway accesses

11.  (1)  No permanent or temporary means of access to a highway to be used by vehicular traffic or any alteration to an existing means of access to a highway used by vehicular traffic is to commence until written details of the design and layout of such works have been submitted to and approved by the local planning authority in consultation with the relevant highway authority.

(2) The highway accesses must be constructed in accordance with the approved details.

Contaminated land and groundwater

12.  (1)  No part of the authorised development within the area of a local planning authority is to commence until a written scheme to deal with the contamination of any land, including groundwater within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to, and approved by, the local planning authority in consultation with the Environment Agency and, to the extent that the plan relates to the intertidal area, the MMO.

(2) The scheme must include an investigation and assessment report, prepared by a specialist consultant approved by the local planning authority, to identify the extent of any contamination and the remedial measures to be taken for that stage to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site.

(3) No remedial work constituting a material operation in respect of contamination of any land, including groundwater within the Order limits is to be carried out until the scheme has been approved.

(4) In carrying out the works for the authorised development, the undertaker must not conduct horizontal directional drilling operations unless the scheme includes a hydrogeological risk assessment demonstrating that such operations are unlikely to cause an unacceptable risk to groundwater quality.

(5) Remediation must be carried out in accordance with the approved scheme.

Surface water drainage

13.  (1)  No part of the electrical transmission station is to commence until a detailed surface water drainage scheme based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the electrical transmission station have been submitted to and approved in writing by the local planning authority, in consultation with the Environment Agency and the drainage board within the meaning of section 25 of the Land Drainage Act 1991.

(2) Construction of the electrical transmission station must be carried out in accordance with the scheme.

Colour and detailed design approval – electrical transmission station

14.  (1)  Unless otherwise agreed by the local planning authority, the electrical transmission station comprised in Work No. 10 must be coloured using one or more of the following colours-

• Bluebell (RAL Code 270 50 30)

• Lilac (RAL Code 270 60 25)

• Chalk Blue (RAL Code 270 70 20)

• Baltic Blue (RAL Code 270 80 15)

• White Lilac (RAL Code 270 85 10)

• Blue White (RAL Code 270 90 05)

(2) Notwithstanding sub-paragraph (1), construction of Work No. 10 must not commence until details of the layout, scale and external appearance of that work have been submitted to and approved by the relevant planning authority.

(3) The construction of Work No. 10 must be carried out in accordance with the approved details.

Prohibited access

15.  (1)  The undertaker must not use the access road along the crest of the sea defences within the plots numbered 37 - 40 on the land plans during the construction of Work Nos. 6 to 8.

(2) Except in an emergency, the access road along the sea defences within the plots numbered 37 – 40 on the land plans may not be used by the undertaker following the construction of Work Nos. 6 to 8 until a scheme for the protection of the sea defences from use of the access road by the undertaker during the operation and maintenance of the authorised project has been submitted to and approved in writing by the Environment Agency.

(3) If the Environment Agency fails to notify the undertaker of its decision on whether to give approval within 28 days of receiving the scheme for approval the Environment Agency is deemed to have given approval.

(4) The use of the access road must be in accordance with the approved scheme.

Port traffic management plan

16.  (1)  No part of the authorised development below MLWS (excluding ducting and related works which are an integral part of works landward of MLWS) is to commence until a traffic management plan for the onshore port-related traffic to and from the selected base port or ports for construction, operation or both of the relevant part of the authorised development, and relating to the relevant part of the authorised development, has been submitted to and approved in writing by the relevant planning authority in consultation with the relevant highway authority, or the relevant planning authority has confirmed in writing, after consultation with the relevant highway authority, that no traffic management plan is required.

(2) All traffic management plans must be implemented as approved at all times specified within the relevant traffic management plan during the construction, operation or both of the authorised development.

(3) For the purposes of this requirement-

"relevant highway authority" means the highway authority or authorities in whose area the relevant port is located;

"relevant planning authority" means the local planning authority or authorities in whose area the relevant port is located;

"selected base port" or "ports" means a port or ports situated in England or Wales and used by management personnel for construction of the authorised project or for the ongoing operational management of the authorised project.

Co-operation

17.  (1)  Prior to the submission of the pre-construction plans and documentation required to be submitted to the MMO for approval under Condition 13 of each of the deemed marine licences set out in Schedules 8 to 11 the undertaker who is the licence-holder under the relevant licence must provide a copy of the plans and documentation to the other undertakers.

(2) The other undertakers must provide any comments on the plans and documentation to the licence-holder within 14 days of receipt of the plans and documentation.

(3) The licence-holder shall participate in liaison meetings with other undertakers as requested from time to time by the MMO in writing in advance, which meetings shall be chaired by the MMO and shall consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence where it has an impact on the efficient operation of any other deemed marine licence issued under this Order (including as varied or transferred).

Control of noise during operational phase

18.  The combined noise rating level from the electrical transmission station, converter and associated plant, emitted during normal operation, shall not exceed 35 dB LAr,Tr at any residential property. The definition of rating level shall be as described in BS 4142:1997. The noise limit only applies to residential properties that have planning permission on 30th July 2013.

Employment and skills plan

19.  (1)  No part of the authorised development is to commence until an employment and skills plan has been submitted to and approved by North Lincolnshire Council in consultation with the Humber Local Enterprise Partnership.

(2) The plan must include-

(a)proposals for the provision of information to the Humber Local Enterprise Partnership on the employment and supply chain opportunities associated with the construction, operation and maintenance of the authorised development including details of the core qualifications and skillsets required to access those opportunities;

(b)proposals for local advertising of employment and supply chain opportunities during the construction of the authorised development;

(c)proposals for the undertaker to provide outreach employment presentations during the period of construction of the authorised development at appropriate times and locations; and

(d)proposals for local advertising of employment and supply chain opportunities during the operation of the authorised development.

(3) The approved employment and skills plan must be implemented and maintained during the construction and operation of the authorised development.

(4) For the purposes of this requirement, "Humber Local Enterprise Partnership" means the local enterprise partnership established in June 2011 with the objective of promoting and developing the natural economic area surrounding the Humber estuary and in the event that this local enterprise partnership is no longer in existence means the local planning authority.

North Coates airfield

20.  No part of the authorised development is to commence within half a mile of the perimeter of the North Coates airfield until a plan to secure its safe operation during the construction and operation of the authorised project has been submitted to and approved by the Secretary of State following consultation by the Secretary of State with the operator of North Coates airfield and the Civil Aviation Authority.

Requirement for written approval

21.  Where under any of the requirements the approval or agreement of the Secretary of State, the local planning authority or another person or body is required, that approval or agreement must be given in writing.

Amendments to approved details

22.  (1)  With respect to any requirement which requires the authorised development to be carried out in accordance with the details of a plan, scheme or code approved by the local planning authority or any other person or body, the approved details, or plan, scheme or code are to be taken to include any amendments that may subsequently be approved in writing by the local planning authority or that other person or body.

(2) Where such details, plan, scheme or code are required to be approved in consultation with another body, any amendments of that document must also be approved in consultation with that body.

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

Article 6

SCHEDULE 2Streets subject to street works

Article 8

SCHEDULE 3Streets to be temporarily stopped up

Article 9

SCHEDULE 4Access to works

Article 16(1)

SCHEDULE 5Land in which only new rights etc., may be acquired

Article 16(3)

SCHEDULE 6Modification of compensation and compulsory purchase enactments for creation of new rights

PART 1Compensation enactments

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

2.  (1)  Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973(29) has effect subject to the modifications set out in sub-paragraphs (2) and (3).

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

(a)for the words "land is acquired or taken" there are substituted the words "a right over land is purchased from or imposed on"; and

(b)for the words "acquired or taken from him" there are substituted the words "over which the right is exercisable".

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

(a)for the word "part" in paragraphs (a) and (b) there are substituted the words "a right over land consisting";

(b)for the word "severance" there are substituted the words "right over the whole of the house, building or manufactory or of the house and the park or garden";

(c)for the words "part proposed" there are substituted the words "right proposed"; and

(d)for the words "part is" there are substituted the words "right is".

PART 2Application of the 1965 Act

1.  (1)  The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to-

(a)the right acquired or to be acquired; or

(b)the land over which the right is or is to be exercisable.

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

2.  For section 7 of the 1965 Act (measure of compensation) there is substituted the following section-

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

3.  For section 8 of the 1965 Act (provisions as to divided land) there is substituted the following section-

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

(a)a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal ("the tribunal"); and

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

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

(ii)where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,

the Hornsea One Offshore Wind Farm Order 2014 ("the Order"), in relation to that person, ceases to authorise the purchase of the right and is instead deemed to authorise the purchase of that person's interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.

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

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

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

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

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

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

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

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

5.  Section 11 of the 1965 Act (powers of entry) is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in equivalent circumstances and subject to equivalent conditions to those provided for in that section, to enter for the purpose of exercising that right; and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

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

7.  Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

Article 23

SCHEDULE 7Land of which temporary possession may be taken

PART 1

PART 2

Article 35

SCHEDULE 8Deemed Marine Licences under the Marine and Coastal Access Act 2009 – Deemed Marine Licence 1

PART 1Licensed marine activities

Interpretation

1.  (1)  In this licence-

"the 2008 Act" means the Planning Act 2008;

"the 2009 Act" means the Marine and Coastal Access Act 2009;

"ancillary vessel" means any vessel other than a construction vessel or a survey vessel;

"ancillary works" means the ancillary works described in paragraph 2 of this Part of this licence which are not development within the meaning of section 32 of the 2008 Act;

"Annex I Habitat" means such habitat as defined under the EU Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora(30);

"authorised deposits" means the substances and articles specified in paragraph 2(3) of Part 1 of this licence;

"authorised development" means the development described in Part 1 of Schedule 1 of the Order, which is development within the meaning of section 32 of the 2008 Act;

"authorised project" means the authorised development and the ancillary works authorised by the Order;

"authorised scheme" means Work No. 1 described in paragraph 2 of this Part of this licence;

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

"construction vessel" means any vessel involved in the course of or used for the construction and/or maintenance of the authorised project;

"debris" means items or equipment of a significant size left on the seabed being lost from survey or construction vessels;

"electrical circuit" means a number of electrical conductors necessary to transmit electricity between two points within the authorised project; this comprises, in the case of HVAC transmission, three conductors which may be bundled as one cable, and, in the case of HVDC transmission two conductors, which may be attached together or take the form of single cables: the circuit may include one or more auxiliary cables (normally fibre optic cables) for the purpose of control, monitoring, protection or general communications;

"enforcement officer" means a person authorised to carry out enforcement duties under Part 4, Chapter 3 of the 2009 Act;

"the Environmental Statement" means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;

"gravity base foundation" means either-

"HVAC" means high voltage alternating current;

"HVDC" means high voltage direct current;

"inter-array electrical circuits" means the circuits described in paragraph 2(2)(b) of Part 1 of this licence;

"jacket foundation" means a lattice construction comprising tubular members and joints which are fixed to the seabed with piles (either driven/drilled piles or suction piles) and which will include platforms and J-tubes and may include braced monopiles and a transition piece;

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

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

"the licence conditions" means the conditions set out in Part 2 of this licence;

"licence-holder" means Heron Wind Limited;

"maintain" includes, to the extent assessed in the environmental statement-

but does not include the alteration, removal or replacement of foundations; and "maintenance" shall be construed accordingly;

"the Marine Management Organisation" or "MMO" means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence or any successor to its statutory functions;

"the Maritime and Coastguard Agency" or "MCA" means the executive agency of the Department for Transport or any successor to its statutory functions;

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

"mean low water springs" or "MLWS" means the lowest level which spring tides reach on average over a period of time;

"monopile foundation" comprises a large diameter steel or concrete tube or pile driven vertically into the seabed, J-tubes and platforms and may include external structural devices such as bracing members or steel anchor wires and a transition piece;

"Natural England" means the body established by section 1 of the Natural Environment and Rural Communities Act 2006 or any successor to its statutory functions;

"Notice to Mariners" includes any Notice to Mariners which may be issued by Admiralty, Trinity House, Queen's harbourmasters, government departments and harbour and pilotage authorities;

"offshore accommodation platform" means a platform housing or incorporating temporary accommodation, landing ports for vessels and/or helicopters, standby electricity generation equipment, marking and lighting and other equipment facilities to assist in the co-ordination of marine activities related to the authorised scheme;

"offshore HVAC collector substation" means a structure serving as a collection point for the inter-array electrical circuits and containing equipment with the purpose of transforming the electricity generated at the wind turbines to a higher voltage; it may also include a helicopter platform;

"offshore HVDC converter station" means a structure which contains equipment to convert HVAC electricity to HVDC electricity; it may also include a helicopter platform;

"the offshore works plans" means the part of the works plans described as the offshore works plans;

"the Order limits" means the limits shown on the works plans within which the authorised project may be carried out;

"the Order" means the Hornsea One Offshore Wind Farm Order 2014;

"the project description" means the document certified as the project description by the Secretary of State for the purposes of the Order and submitted with the application on 30th July 2013 (Chapter Three, Volume One of the Environmental Statement);

"suction pile" means a large diameter steel cylinder which is fixed to the base of the foundation and partially penetrates the seabed and remains in place using its weight and hydrostatic pressure differential;

"survey vessels" means the vessels licensed to carry out environmental or engineering surveys;

"Trinity House" means the Corporation of Trinity House of Deptford Strond;

"the UK Hydrographic Office" means the Hydrographic Office of the Ministry of Defence, Taunton, Somerset TA1 2DN or any replacement body or successor to its functions;

"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 and including ancillary vessels and construction vessels;

"VHF" means very high frequency;

"Wind Farm Area 1" means the area within the limits of deviation for Work No. 1 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"Wind Farm Area 2" means the area within the limits of deviation for Work No. 2 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"Wind Farm Area 3" means the area within the limits of deviation for Work No. 3 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"wind turbine generator" or "wind turbine" means a structure comprising any or all of a tower, rotor, blades, nacelle and ancillary electrical and other equipment or structures which may include lighting and a helicopter platform, fixed to a foundation;

"working day" means any day other than a Saturday, Sunday or public holiday in England and Wales;

"Work No. 1" means an offshore wind generating station within Wind Farm Area 1 and described as Work No. 1 in paragraph 2 of Part 1 of this licence;

"Work No. 2" means an offshore wind generating station within Wind Farm Area 2 and described as Work No. 2 in Part 1 of Schedule 1 of the Order;

"Work No. 3" means an offshore wind generating station within Wind Farm Area 3 and described as Work No. 3 in Part 1 of Schedule 1 of the Order;

"Work No. 4" means up to five offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to two offshore HVDC converter stations together with a network of electrical circuits connecting the structures within Work No. 4;

"the works plans" means the plans certified as the works plans by the Secretary of State for the purposes of the Order divided into three parts and described as the offshore works plans, the intertidal works plans and the onshore works plans.

(2) A reference to any statute, order, regulation or similar instrument shall be construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) Unless otherwise indicated-

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

(b)all co-ordinates shall be taken to be latitude and longitude degrees, minutes and seconds to three decimal places in WGS84 Datum.

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence shall be-

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032

Email: [email protected]

(b)Marine Management Organisation (referred to as the "MMO Coastal Office")

Estuary House

Wharncliffe Road

Grimsby

Lincolnshire

DN31 3QL

Tel: 01472 355 112

(c)Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900

(d)The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900

(e)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 023 8032 9191

(f)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244

(g)Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield

S3 8NH

Tel: 0300 060 4911

(h)Joint Nature Conservation Committee

Inverdee House

Baxter Street

Aberdeen

AB11 9QA

Tel: 01224 266 550

(i)English Heritage

Eastgate Court

195-205 High Street

Guildford

GU1 3EH

Tel: 01483 252 057

Details of licensed activities

2.  (1)  This licence authorises the licence-holder (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities pursuant to section 66(1) of the 2009 Act, subject to the licence conditions-

(a)the deposit at sea of the substances and articles specified in sub-paragraph (3) below;

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

(c)dredging;

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

(e)the disposal at disposal site reference HU206 (Hornsea Project One Subzone 1) of-

(i)in the event that an offshore accommodation platform is constructed under this licence up to 434,004 m³ or, if no part of Work No.3 is constructed, up to 641,385 m³, of inert material of natural origin produced during construction drilling and seabed preparation for foundation works comprised in Work No. 1; or

(ii)in the event that no offshore accommodation platform is constructed under this licence up to 414,762 m³ or, if no part of Work No.3 is constructed, up to 622,143 m³, of inert material of natural origin produced during construction drilling and seabed preparation for foundation works comprised in Work No. 1; and

(f)the removal of the substances and articles specified in sub-paragraph (3) below.

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

Work No. 1 - an offshore wind generating station within Wind Farm Area 1, whose coordinates constitute the limits of deviation for Work. No.1 and are specified in Table 1, comprising-

(a)up to 80 or, if no part of Work No. 3 is constructed, up to 120 wind turbine generators fixed to the seabed;

(b)a network of subsea inter-array electrical circuits connecting the structures comprised in Work No. 1-

(i)with each other;

(ii)with any other structure located within Wind Farm Area 1; and

(iii)(for the purpose of connecting any structure comprised in Work No. 1 with any structure comprised in Works Nos. 2, 3 and 4) with the network of electrical circuits comprised in Works Nos. 2, 3 and 4;

(c)up to one offshore accommodation platform fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter stations within Work No. 4 by an unsupported steel bridge, provided that the combined total of offshore accommodation platforms constructed in whole or in part within Works Nos. 1, 2 and 3 does not exceed two.

In connection with such Work No. 1, further associated development as may be necessary or expedient in connection with the authorised scheme within the Order limits and which fall within the scope of the environmental impact assessment recorded in the Environmental Statement;

In connection with such Work No. 1, ancillary works consisting of works and operations within the Order limits comprising temporary anchorage of vessels and buoys, beacons, fenders and other navigational warning or ship impact protection works.

(3) The substances or articles authorised for deposit at sea are-

(a)iron and steel;

(b)stone and rock;

(c)concrete;

(d)sand and gravel;

(e)plastic and synthetic; and

(f)material extracted from within Wind Farm Area 1 during construction drilling and seabed preparation for foundation works.

(4) The grid co-ordinates for disposal site reference HU206 (Hornsea Project One Subzone 1) are specified in Table 2.

(5) The provisions of section 72 of the 2009 Act shall apply to this licence, save that the provisions of section 72(7) and 72(8) relating to the transfer of the licence shall only apply to a transfer not falling within article 34 of the Order.

Duration

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

PART 2Licence conditions

Design parameters

1.  (1)  All wind turbine generators forming part of Work No. 1 must not-

(a)be less than 82 metres to the turbine hub when measured from MHWS;

(b)exceed a height of 200 metres from MHWS to the upper tip of the vertical blade;

(c)exceed a rotor diameter of 178 metres;

(d)be less than 22 metres from MHWS to the lowest point of the rotating blade; or

(e)be less than 924 metres from the nearest wind turbine generator in all directions.

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

2.  Any offshore accommodation platform forming part of Work No. 1 must not-

(a)exceed 60 metres in height above MHWS;

(b)have a platform which at its greatest extent exceeds, 3,600 m² or 60 metres in width.

3.  The diameter of the electrical circuits comprising the electrical circuits within Work No. 1 must not exceed 170 mm.

4.  The electrical circuits comprised in Work No. 1 must be installed by use of, or a combination of, ploughing, trenching, jetting, rock-cutting, dredging, surface laying with post lay burial, and where ground conditions make burial impracticable, by surface laying.

5.  (1)  The licence-holder must in fixing to the seabed any structures comprised in Work No. 1 use one of the following methods-

(a)monopile foundations;

(b)jacket foundations supported by piles; or

(c)gravity base foundations.

(2) The following parameters apply in respect of the foundation methods used to fix wind turbine generators comprised in Work No. 1 to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii)the diameter of each foundation must not exceed 8.5 metres;

(b)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 707 m² per wind turbine;

(ii)the number of piles per jacket must not exceed four;

(iii)the diameter of each pile must not exceed three metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and scour protection for each individual structure must not exceed 6,362 m²;

(ii)the number of piles per jacket must not exceed four;

(iii)the diameter of each pile must not exceed 15 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the seabed levelling diameter must not exceed 70 metres;

(iii)the cone diameter must not exceed 50 metres at its base.

(3) The following parameters apply in respect of the foundation methods used to fix offshore accommodation platforms comprised in Work No. 1 to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii)the diameter of each foundation must not exceed 8.5 metres;

(b)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,414 m²;

(ii)the number of piles must not exceed eight;

(iii)the diameter of each pile must not exceed three metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the number of piles per jacket must not exceed eight;

(iii)the diameter of each pile must not exceed 15 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the seabed levelling diameter must not exceed 70 metres;

(iii)the cone diameter must not exceed 50 metres at its base.

(4) The combined total volume of scour protection for the wind turbine generators and the offshore accommodation platform forming part of Work No. 1 must not exceed 1,079,839 m³ or, if no part of Work No.3 is constructed, must not exceed 1,613,093 m³.

(5) In the event that no offshore accommodation platform is constructed under this licence, the combined total volume of scour protection for the wind turbine generators forming part of Work No. 1 must not exceed 1,066,508 m³ or, if no part of Work No. 3 is constructed, must not exceed 1,599,762 m³.

Notifications and inspections

6.  (1)  The licence-holder shall ensure that-

(a)a copy of this licence and any subsequent amendments or revisions to it are provided to-

(i)all agents and contractors notified to the MMO in accordance with the conditions of this licence; and

(ii)the masters and transport managers responsible for the vehicles notified to the MMO in accordance with the conditions of this licence.

(b)Within 28 days of receipt of a copy of this licence those persons referred to in sub-paragraph (a) shall provide a completed confirmation form to the MMO confirming their understanding of the terms and conditions of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 16 are permitted to carry out the licensed activities.

(3) Copies of this licence shall also be available for inspection at the following locations-

(a)the licence-holder's registered address;

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

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

(4) The documents referred to in paragraph (1)(a) shall be available for inspection by an enforcement officer at the locations set out in paragraph (3) above at any time.

(5) The licence-holder must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised scheme.

(6) The licence-holder must inform the MMO in writing at least five working days prior to the commencement of the licensed activities or any phase of them.

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

(8) The licence-holder shall ensure that a Notice to Mariners is issued at least ten days prior to the commencement of the licensed activities advising of the commencement of licensed activities within Wind Farm Area 1 and the expected vessel routes from the local service ports to the turbine locations.

(9) The Notices to Mariners must be updated and reissued not less frequently than weekly and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under licence condition 13(2)(a). Copies of all notices shall be provided to the MMO.

(10) The licence-holder must notify-

(a)the UK Hydrographic Office of commencement (within two weeks), progress and completion (within two weeks) of the authorised scheme in order that all necessary amendments to nautical charts are made; and

(b)the MMO once the authorised scheme is completed and any required lighting or marking has been established.

Aids to navigation

7.  The licence-holder must during the whole period from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning-

(a)exhibit such lights, marks, sounds, signals and other aids to navigation and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct;

(b)colour all structures in the authorised scheme as directed by Trinity House;

(c)notify Trinity House as soon as reasonably practicable of both the progress and completion of the authorised scheme (or any phase of it) and any aids to navigation established from time to time;

(d)provide reports on the working condition of aids to navigation periodically as requested by Trinity House;

(e)notify Trinity House and the MMO of any failure of the aids to navigation and the timescales in which such failure will be remedied, as soon as possible and no later than 24 hours following the licence-holder becoming aware of any such failure.

Provision against danger to navigation

8.  In case of injury to, or destruction or decay of, the authorised scheme or any part of it seaward of MHWS the licence-holder must as soon as reasonably practicable, and no later than 24 hours following the licence-holder becoming aware of any such injury, destruction or decay, notify Trinity House and must lay down such buoys, exhibit such lights and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

Navigational Practice, Safety and Emergency Response

9.  (1)  No part of the authorised scheme seaward of MHWS is to commence until the Secretary of State, in consultation with the MCA, has given written approval for an Emergency Response and Co-operation Plan which includes full details of the emergency co-operation plans for the construction, operation and decommissioning phases of that part of the authorised scheme in accordance with the MCA recommendations contained within MGN 371 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues".

(2) No authorised scheme seaward of MHWS is to commence until the Secretary of State, in consultation with the MCA, has confirmed in writing that the licence-holder has taken into account and, so far as is applicable to that stage of the development, adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN 371 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues" (including its annexes).

(3) The Emergency Response and Co-operation Plan must be implemented as approved, unless otherwise agreed in writing by the Secretary of State, in consultation with the MCA.

(4) The licence-holder must during the whole period from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning provide relevant information to the MCA to assist in the timely and efficient issuing of notices to mariners and other navigational warnings of the position and nature of the works, such information to be provided to mariners in the shipping and fishing industry as well as to recreational mariners.

Colour and lighting

10.  Except as otherwise required by Trinity House under condition 7, the licence-holder must colour all structures comprised in Work No. 1 submarine grey (colour code RAL 7035).

Chemicals, drilling and debris

11.  (1)  All chemicals used in the construction of the authorised scheme shall be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002(31) (as amended), unless otherwise agreed in writing by the MMO.

(2) The licence-holder shall ensure that any coatings or treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive or the Environment Agency Pollution Prevention Guidelines.

(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances shall be undertaken so as to prevent releases into the marine environment including bunding of 110 per cent of the total volume of all reservoirs and containers.

(4) Where foundation drilling works are proposed, in the event that any system other than water based mud is proposed the MMO's written approval in relation to the proposed disposal of any arisings shall be obtained before the drilling commences, which disposal may also require a marine licence.

(5) The licence-holder shall ensure that any debris arising from the construction of the authorised scheme or temporary works placed below MHWS are removed on completion of the authorised scheme, where practicable.

(6) Prior to the commencement of the licensed activities the licence-holder must submit to the MMO an audit sheet covering all aspects of the construction of the authorised scheme and no works shall commence until the audit sheet content has been agreed with the MMO. The audit sheet shall include details of-

(a)loading facilities;

(b)vessels;

(c)equipment;

(d)shipment routes;

(e)working schedules; and

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

(7) The audit sheet shall be maintained throughout the construction of the authorised scheme and the MMO shall be notified of any changes on a fortnightly basis.

(8) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for it shall require the licence-holder to carry out a side scan sonar survey to plot all obstructions across Wind Farm Area 1 where construction works and related activities have been carried out under this licence. Local fishermen shall be invited to send a representative to be present during the survey. Any new obstructions that the MMO believes to be associated with the authorised scheme shall be removed at the licence-holder's expense, where practicable.

(9) The licence-holder shall inform the MMO of the location and quantities of inert material disposed of each month under this licence, by submission of a disposal return by 31st January each year for disposals occurring during the months July to December inclusive of the preceding year, and by 31st July each year for disposals occurring during the months January to June inclusive of that year.

(10) The licence-holder shall ensure that only inert material of natural origin, produced during construction drilling and seabed preparation for foundation works comprised in Work No. 1, and drilling mud shall be disposed of at disposal site reference HU206 (Hornsea Project One Subzone 1).

(11) The licence-holder shall ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete, cement mixing and washing areas should be contained to prevent run-off entering the water through the freeing ports.

(12) The licence-holder shall ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.

Force majeure

12.  If, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit-

(a)authorised deposits outside of Wind Farm Area 1 or disposal site reference HU206 (Hornsea Project One Subzone 1); or

(b)unauthorised deposits within or outside of Wind Farm Area 1 or disposal site reference HU206 (Hornsea Project One Subzone 1),

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

Pre-construction plans and documentation

13.  (1)  The licensed activities shall not commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO-

(a)to ensure conformity with the description of Work No. 1 and compliance with licence conditions 1 to 5 above, a plan, to be agreed in writing with the MMO in consultation with Trinity House and the MCA, which shows-

(i)the proposed location and choice of foundation of all wind turbine generators and offshore accommodation platforms, subject to any micro-siting required due to anthropological constraints, environmental constraints, difficult ground conditions or to give adequate spacing between other infrastructure;

(ii)the proposed location and height of bridge links;

(iii)the height to the tip of the vertical blade, height to the centreline of the generator shaft forming part of the hub, rotor diameter and spacing of all wind turbine generators;

(iv)whether an accommodation platform will be built as part of Work No. 1 and, if so, the height, length and width of that offshore accommodation platform;

(v)the length and arrangement of all electrical circuits comprising Work No. 1 subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions;

(vi)the proposed dimensions of all monopile foundations;

(vii)the proposed dimensions of all gravity base foundations;

(viii)the proposed dimensions of all jacket foundations; and

(ix)the proposed layout of all wind turbine generators and any offshore accommodation platform including all exclusion zones comprised in the licensed activities and showing the indicative programming of particular works as set out in the indicative programme to be provided under paragraph (2)(a).

(2) The licensed activities, or any phase of those activities, shall not commence until a Code of Construction Practice incorporating the following (insofar as relevant to that activity or phase of activity) has been submitted to and approved in writing by the MMO-

(a)a construction and monitoring programme to include details of-

(i)the proposed construction start date;

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

(iii)proposed pre-construction surveys, baseline report format and content, construction monitoring, post construction monitoring, and related reporting in accordance with licence conditions 18 to 20. The pre-construction survey programme and all pre-construction survey methodologies shall be submitted to the MMO at least four months prior to the commencement of any survey works detailed within;

(b)a construction method statement in accordance with the project description and Environmental Statement and including details of-

(i)foundation installation, including any seabed preparation, drilling and disposal of arisings methods;

(ii)turbine installation, including any seabed preparation and scour protection;

(iii)installation of any offshore accommodation platform, including any seabed preparation and scour protection;

(iv)circuit installation, including any seabed preparation and circuit protection;

(v)contractors;

(vi)vessels; and

(vii)associated works;

(c)a project environmental management and monitoring plan to include details of-

(i)a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised scheme in relation to all activities carried out below MHWS;

(ii)a chemical risk analysis to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

(iii)waste management and disposal arrangements;

(iv)offshore project maintenance plans including offshore electrical circuit maintenance;

(v)locations of any archaeological exclusion zones agreed as part of the written scheme of archaeological investigation approved under sub-paragraph (g);

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

(vii)a disposal plan detailing the locations, methods and timings of dredging and disposal, as well as disposal site monitoring requirements;

(d)a scour protection management and cable armouring plan providing details of the need, type, sources, quantity, location and installation methods for scour protection and cable armouring to be within the scope of the environmental impact assessment recorded in the Environmental Statement;

(e)in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol following current best practice as advised by the statutory nature conservation agencies, to include, but not be limited to-

(i)identification of a Marine Mammal Monitoring Zone (MMMZ);

(ii)appointment of an appropriate number of suitably qualified marine mammal observer(s);

(iii)methods for the detection of marine mammals within the MMMZ whether visually (by the marine mammal observer(s)) or acoustically using Passive Acoustic Monitoring equipment or other means of detection;

(iv)a reporting methodology to enable efficient communication between the marine mammal observer(s) and the person responsible for approving commencement of piling;

(v)an appropriate soft start procedure whereby piling activities do not commence until an agreed time has elapsed and during which marine mammals have not been detected within the MMMZ; and

(vi)where appropriate, methods for the application of acoustic deterrent devices;

(f)cable specification and installation plan, to include-

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

(ii)a detailed cable laying plan, including geotechnical data, cable laying techniques and a cable burial risk assessment encompassing the identification of any cable protection which exceeds 5% of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5% of navigable depth is identified, details of any steps (to be determined following consultation with the MCA) to be taken to ensure existing and future safe navigation is not compromised;

(g)a written scheme of archaeological investigation in relation to Wind Farm Area 1 in accordance with industry good practice to include-

(i)details of responsibilities of the licence-holder, archaeological consultant and contractor;

(ii)a methodology for any further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

(iii)analysis and reporting of survey data to be submitted to the MMO within four months of survey completion;

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

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

(vi)archiving of archaeological material; and

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

(h)a marine mammal monitoring plan setting out the circumstances in which marine mammal monitoring will be required and the monitoring to be carried out in such circumstances; and

(i)an offshore project maintenance plan to be submitted to the MMO at least four months prior to commencement of the operation of the licensed activities and to include provision for the review and resubmission of the plan every three years during the operational phase.

(3) Prior to the submission of the pre-construction plans and documentation required by this condition the licence-holder must provide a copy of the plans and documentation to the other undertakers listed in Article 3 of the Order.

(4) The other undertakers must provide any comments on the plans and documentation to the undertaker within 14 days of receipt of the plans and documentation.

(5) The licence-holder shall participate in liaison meetings with other undertakers listed in Article 3 of the Order as requested from time to time by the MMO in writing in advance, which meetings shall be chaired by the MMO and shall consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence where it has an impact on the efficient operation of any other deemed marine licence issued under the Order (including as varied or transferred).

(6) Prior to giving its approval under paragraph (2), the MMO must-

(a)in relation to any programme, statement, plan or protocol submitted under sub-paragraphs (a) to (e) or (h), consult with the relevant statutory nature conservation body; and

(b)in relation to a scheme submitted under sub-paragraph (g), consult with English Heritage.

14.  The licence-holder shall ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting an English Heritage OASIS form with a digital copy of the report.

15.  (1)  Each programme, statement, plan, protocol or scheme required to be approved under condition 13-

(a)shall be submitted for approval at least four months prior to the intended start of construction, except where otherwise stated or where an alternative date is agreed in writing by the MMO; and

(b)shall be accompanied by-

(i)a statement confirming that the licence-holder has complied with condition 13(3) in relation to such programme, statement, plan, protocol or scheme; and

(ii)any comments received by the licence-holder under condition 13(4), or a statement from the licence-holder confirming that no such comments were received.

(2) The licence-holder shall comply with all documents approved under licence condition 13 in carrying out the licensed activities except to the extent agreed in writing by the MMO.

(3) Prior to agreeing an alternative date under paragraph (1)(a) or a change to approved details under paragraph (2) relating to any document in respect of which consultation is required under condition 13(6), the MMO must consult with the relevant consultation body referred to in that condition.

Reporting of engaged agents, contractors and vessels

16.  (1)  The licence-holder shall provide the following information to the MMO-

(a)the name and function of any agent or contractor appointed to engage in the licensed activities at least five working days prior to the commencement of the licensed activities or any part of them; and

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

(2) Any changes to the supplied details must be notified to the MMO and MMO Coastal Office in writing prior to the agent, contractor or vessel engaging in the licensed activities. All agents, contractors and/or vessel operators will abide by the conditions set out in this licence.

Equipment and Operation of Vessels Engaged in Licensed Activities

17.  (1)  All vessels employed to perform the licensed activities shall be constructed and equipped to be capable of the proper performance of such activities in accordance with the conditions of this licence and shall comply with paragraphs (2) to (6).

(2) All motor powered vehicles must be fitted with-

(a)electronic positioning aid to provide navigational data;

(b)radar;

(c)echo sounder; and

(d)multi-channel VHF.

(3) No radio beacon or radar beacon operating on the marine frequency bands shall be installed or used without the prior written approval of the Secretary of State.

(4) All vessels' names or identification shall be clearly marked on the hull or superstructure of the vessel.

(5) All communication on VHF working frequencies shall be in English.

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

Pre-construction monitoring and surveys

18.  (1)  The licence-holder must, when submitting details under condition 13(2)(a)-

(a)in relation to proposed pre-construction surveys, include methodologies and timings, and specify each survey's objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position and/or will enable the validation or otherwise of key predictions in the Environmental Statement; and

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

(2) Subject to receipt from the licence-holder of specific proposals pursuant to this condition, it is expected that the pre-construction surveys will comprise, in outline-

(a)a high resolution swath bathymetric survey to include a 100% coverage and a side scan sonar survey of the part(s) of Wind Farm Area 1 in which it is proposed to carry out construction works and disposal activities under this licence, including a 500m buffer around the site of each works;

(b)a survey of existing ornithological activity covering the part(s) of Wind Farm Area 1 within which it is proposed to carry out construction works under this licence, and any wider area(s) where appropriate, which is required to test predictions in the Environmental Statement concerning key ornithological interests of relevance to the authorised scheme;

(c)a survey to determine the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance in the part(s) of Wind Farm Area 1 in which it is proposed to carry out construction works under this licence; and

(d)any marine mammal monitoring required by the marine mammal monitoring plan submitted in accordance with condition 13(2)(h).

Construction monitoring

19.  (1)  The licence-holder must, when submitting details of proposed construction monitoring under condition 13(2)(a), include methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey's objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the Environmental Statement.

(2) Subject to receipt from the licence-holder of specific proposals pursuant to this condition, it is expected that the construction monitoring will comprise, in outline-

(3) except to the extent agreed in writing by the MMO, measurements of noise generated by the installation of the first four foundations of each discrete foundation type to be constructed under this licence where driven or part-driven pile foundations are used; and

(4) recording of any visual sightings or acoustic detection of marine mammals where required as part of the marine mammal mitigation protocol under condition 13(2)(e).

(5) The results of the initial noise measurements monitored in accordance with paragraph (2)(a) must be provided to the MMO within six weeks of the installation of the first four foundations of each discrete foundation type. The assessment of this report by the MMO shall determine whether any further noise monitoring is required.

(6) Construction monitoring shall include vessel traffic monitoring by Automatic Identification System for the duration of the construction period. A report will be submitted to the MMO and the MCA at the end of each year of the construction period.

Post construction

20.  (1)  The licence-holder must, when submitting details of proposed post-construction surveys under condition 13(2)(a), include methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals shall specify each survey's objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the Environmental Statement.

(2) Subject to receipt of specific proposals, it is expected that the post-construction surveys will comprise, in outline-

(a)an ornithological survey covering the part(s) of Wind Farm Area 1 within which construction works were carried out under this licence, and any wider area(s) where appropriate, which is required to test predictions in the Environmental Statement concerning key ornithological interests of relevance to the authorised scheme;

(b)a high resolution swath bathymetric survey of the following to assess any changes in bedform morphology-

(i)a representative sample area, to be agreed in writing with the MMO, of the part(s) of Wind Farm Area 1 within which construction works and disposal activities were carried out under this licence, and such further monitoring as may be required to ensure that the cables have been buried or protected; and

(ii)an area not to exceed 125 per cent of the predicted scour area around a selection of turbines, such selection to be based on the desk based assessment;

(c)a survey to determine any change in the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance identified in the pre-construction survey in the part(s) of Wind Farm Area 1 in which construction works were carried out. The survey design will be informed by the results of the pre-construction benthic survey;

(d)vessel traffic monitoring by Automatic Identification System, for 28 days taking account seasonal variations in traffic patterns, for a maximum duration of one year post construction. A report will be submitted to the MMO and the MCA at the end of the first year after construction is completed; and

(e)any marine mammal monitoring required by the marine mammal monitoring plan submitted in accordance with condition 13(2)(h).

(3) Prior to carrying out the survey required under paragraph (2)(b), the licence-holder must submit to the MMO for written approval a desk based assessment (which takes account of all factors which influence scour) identifying the turbines with greatest potential for scour. The survey will be used to validate the desk based assessment and the significance of any differences between the predicted scour and recorded scour will be assessed in the survey report which will be submitted to the MMO. The need for further surveys will be agreed in writing with the MMO following submission of the first year of survey data.

Amendments to details

21.  (1)  With respect to any condition of this licence which requires the licensed activities to be carried out in accordance with the plans and programmes approved by the MMO, the approved plans and programmes shall be taken to include any amendments that may subsequently be approved in writing by the MMO.

(2) Where the words ‘except to the extent agreed in writing by the MMO' appear in these licence conditions, any such agreement or statement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of MMO that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

Offshore Decommissioning

22.  No decommissioning activities shall commence until plans for the carrying out of such activities have been submitted to and approved in writing by the MMO.

Article 35

SCHEDULE 9Deemed Marine Licences under the Marine and Coastal Access Act 2009 – Deemed Marine Licence 2

PART 1Licensed marine activities

Interpretation

1.  (1)  In this licence-

"the 2008 Act" means the Planning Act 2008;

"the 2009 Act" means the Marine and Coastal Access Act 2009;

"ancillary vessel" means any vessel other than a construction vessel or a survey vessel;

"ancillary works" means the ancillary works described in paragraph 2 of this Part of this licence which are not development within the meaning of section 32 of the 2008 Act;

"Annex I Habitat" means such habitat as defined under the EU Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora;

"authorised deposits" means the substances and articles specified in paragraph 2(3) of Part 1 of this licence;

"authorised development" means the development described in Part 1 of Schedule 1 of the Order, which is development within the meaning of section 32 of the 2008 Act;

"authorised project" means the authorised development and the ancillary works authorised by the Order;

"authorised scheme" means Work No. 2 described in paragraph 2 of Part 1 of this licence;

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

"construction vessel" means any vessel involved in the course of or used for the construction and/or maintenance of the authorised project;

"debris" means items or equipment of a significant size left on the seabed being lost from survey or construction vessels;

"electrical circuit" means a number of electrical conductors necessary to transmit electricity between two points within the authorised project; this comprises, in the case of HVAC transmission, three conductors which may be bundled as one cable, and, in the case of HVDC transmission two conductors, which may be attached together or take the form of single cables: the circuit may include one or more auxiliary cables (normally fibre optic cables) for the purpose of control, monitoring, protection or general communications;

"enforcement officer" means a person authorised to carry out enforcement duties under Part 4, Chapter 3 of the 2009 Act;

"the Environmental Statement" means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;

"gravity base foundation" means either-

"HVAC" means high voltage alternating current;

"HVDC" means high voltage direct current;

"inter-array electrical circuits" means the circuits described in paragraph 2(2)(b) of Part 1 of this licence;

"jacket foundation" means a lattice construction comprising tubular members and joints which are fixed to the seabed with piles (either driven/drilled piles or suction piles) and which will include platforms and J-tubes and may include braced monopiles and a transition piece;

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

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

"the licence conditions" means the conditions set out in Part 2 of this licence;

"licence-holder" means Njord Limited;

"maintain" includes, to the extent assessed in the environmental statement-

but does not include the alteration, removal or replacement of foundations; and "maintenance" shall be construed accordingly;

"the Marine Management Organisation" or "MMO" means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence or any successor to its statutory functions;

"the Maritime and Coastguard Agency" or "MCA" means the executive agency of the Department for Transport or any successor to its statutory functions;

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

"mean low water springs" or "MLWS" means the lowest level which spring tides reach on average over a period of time;

"monopile foundation" comprises a large diameter steel or concrete tube or pile driven vertically into the seabed, J-tubes and platforms and may include external structural devices such as bracing members or steel anchor wires and a transition piece;

"Natural England" means the body established by section 1 of the Natural Environment and Rural Communities Act 2006 or any successor to its statutory functions;

"Notice to Mariners" includes any Notice to Mariners which may be issued by Admiralty, Trinity House, Queen's harbourmasters, government departments and harbour and pilotage authorities;

"offshore accommodation platform" means a platform housing or incorporating temporary accommodation, landing ports for vessels and/or helicopters, standby electricity generation equipment, marking and lighting and other equipment facilities to assist in the co-ordination of marine activities related to the authorised scheme;

"offshore HVAC collector substation" means a structure serving as a collection point for the inter-array electrical circuits and containing equipment with the purpose of transforming the electricity generated at the wind turbines to a higher voltage; it may also include a helicopter platform;

"offshore HVDC converter station" means a structure which contains equipment to convert HVAC electricity to HVDC electricity; it may also include a helicopter platform;

"the offshore works plans" means the part of the works plans described as the offshore works plans;

"the Order limits" means the limits shown on the works plans within which the authorised project may be carried out;

"the Order" means the Hornsea One Offshore Wind Farm Order 2014;

"the project description" means the document certified as the project description by the Secretary of State for the purposes of the Order and submitted with the application on 30th July 2013 (Chapter Three, Volume One of the Environmental Statement);

"suction pile" means a large diameter steel cylinder which is fixed to the base of the foundation and partially penetrates the seabed and remains in place using its weight and hydrostatic pressure differential;

"survey vessels" means the vessels licensed to carry out environmental or engineering surveys;

"Trinity House" means the Corporation of Trinity House of Deptford Strond;

"the UK Hydrographic Office" means the Hydrographic Office of the Ministry of Defence, Taunton, Somerset TA1 2DN or any replacement body or successor to its functions;

"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 and including ancillary vessels and construction vessels;

"VHF" means very high frequency;

"Wind Farm Area 1" means the area within the limits of deviation for Work No. 1 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"Wind Farm Area 2" means the area within the limits of deviation for Work No. 2 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"Wind Farm Area 3" means the area within the limits of deviation for Work No. 3 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"wind turbine generator" or "wind turbine" means a structure comprising any or all of a tower, rotor, blades, nacelle and ancillary electrical and other equipment or structures which may include lighting and a helicopter platform, fixed to a foundation;

"working day" means any day other than a Saturday, Sunday or public holiday in England and Wales;

"Work No. 1" means an offshore wind generating station within Wind Farm Area 1 and described as Work No. 1 in Part 1 of Schedule 1 of the Order;

"Work No. 2" means an offshore wind generating station within Wind Farm Area 2 and described as Work No. 2 in paragraph 2 of Part 1 of this licence;

"Work No. 3" means an offshore wind generating station within Wind Farm Area 3 and described as Work No. 3 in Part 1 of Schedule 1 of the Order;

"Work No. 4" means up to five offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to two offshore HVDC converter stations together with a network of electrical circuits connecting the structures within Work No. 4;

"the works plans" means the plans certified as the works plans by the Secretary of State for the purposes of the Order divided into three parts and described as the offshore works plans, the intertidal works plans and the onshore works plans.

(2) A reference to any statute, order, regulation or similar instrument shall be construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) Unless otherwise indicated-

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

(b)all co-ordinates shall be taken to be latitude and longitude degrees, minutes and seconds to three decimal places in WGS84 Datum.

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence shall be-

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032

Email: [email protected]

(b)Marine Management Organisation (referred to as the "MMO Coastal Office")

Estuary House

Wharncliffe Road

Grimsby

Lincolnshire

DN31 3QL

Tel: 01472 355 112

(c)Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900

(d)The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900

(e)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 023 8032 9191

(f)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244

(g)Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield

S3 8NH

Tel: 0300 060 4911

(h)Joint Nature Conservation Committee

Inverdee House

Baxter Street

Aberdeen

AB11 9QA

Tel: 01224 266 550

(i)English Heritage

Eastgate Court

195-205 High Street

Guildford

GU1 3EH

Tel: 01483 252 057

Details of licensed activities

2.  (1)  This licence authorises the licence-holder (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities pursuant to section 66(1) of the 2009 Act, subject to the licence conditions-

(a)the deposit at sea of the substances and articles specified in sub-paragraph (3) below;

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

(c)dredging;

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

(e)the disposal at disposal site reference HU206 (Hornsea Project One Subzone 1) of-

(i)in the event that an offshore accommodation platform is constructed under this licence up to 434,004 m³ or, if no part of Work No.3 is constructed, up to 641,385 m³, of inert material of natural origin produced during construction drilling and seabed preparation for foundation works comprised in Work No. 2; or

(ii)in the event that no offshore accommodation platform is constructed under this licence up to 414,762 m³ or, if no part of Work No.3 is constructed, up to 622,143 m³, of inert material of natural origin produced during construction drilling and seabed preparation for foundation works comprised in Work No. 2; and

(f)the removal of the substances and articles specified in sub-paragraph (3) below.

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

Work No. 2 - An offshore wind generating station within Wind Farm Area 2, whose coordinates constitute the limits of deviation for Work No.2 and are specified in Table 1, comprising-

(a)up to 80 or, if no part of Work No. 3 is constructed, up to 120 wind turbine generators fixed to the seabed;

(b)a network of subsea inter-array electrical circuits connecting the structures comprised in Work No. 2-

(i)with each other;

(ii)with any other structure located within Wind Farm Area 2; and

(iii)(for the purpose of connecting any structure comprised in Work No. 2 with any structure comprised in Works Nos. 1, 3 and 4) with the network of electrical circuits comprised in Works Nos. 1, 3 and 4;

(c)up to one offshore accommodation platform fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter stations within Work No. 4 by an unsupported steel bridge, provided that the combined total of offshore accommodation platforms constructed in whole or in part within Works Nos. 1, 2 and 3 does not exceed two.

In connection with such Work No. 2, further associated development as may be necessary or expedient in connection with the authorised scheme within the Order limits and which fall within the scope of the environmental impact assessment recorded in the Environmental Statement;

In connection with such Work No. 2, ancillary works consisting of works and operations within the Order limits comprising temporary anchorage of vessels and buoys, beacons, fenders and other navigational warning or ship impact protection works.

(3) The substances or articles authorised for deposit at sea are-

(a)iron and steel;

(b)stone and rock;

(c)concrete;

(d)sand and gravel;

(e)plastic and synthetic; and

(f)material extracted from within Wind Farm Area 2 during construction drilling and seabed preparation for foundation works.

(4) The grid co-ordinates for disposal site reference HU206 (Hornsea Project One Subzone 1) are specified in Table 2.

(5) The provisions of section 72 of the 2009 Act shall apply to this licence, save that the provisions of section 72(7) and 72(8) relating to the transfer of the licence shall only apply to a transfer not falling within article 34 of the Order.

Duration

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

PART 2Licence conditions

Design parameters

1.  (1)  All wind turbine generators forming part of Work No. 2 must not-

(a)be less than 82 metres to the turbine hub when measured from MHWS;

(b)exceed a height of 200 metres from MHWS to the upper tip of the vertical blade;

(c)exceed a rotor diameter of 178 metres;

(d)be less than 22 metres from MHWS to the lowest point of the rotating blade; or

(e)be less than 924 metres from the nearest wind turbine generator in all directions.

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

2.  Any offshore accommodation platform forming part of Work No. 2 must not-

(a)exceed 60 metres in height above MHWS;

(b)have a platform which at its greatest extent exceeds, 3,600 m² or 60 metres in width.

3.  The diameter of the electrical circuits comprising the electrical circuits within Work No. 2 must not exceed 170 mm.

4.  The electrical circuits comprised in Work No. 2 must be installed by use of, or a combination of, ploughing, trenching, jetting, rock-cutting, dredging, surface laying with post lay burial, and where ground conditions make burial impracticable, by surface laying.

5.  (1)  The licence-holder must in fixing to the seabed any structures comprised in Work No. 2 use one of the following methods-

(a)monopile foundations;

(b)jacket foundations supported by piles; or

(c)gravity base foundations.

(2) The following parameters apply in respect of the foundation methods used to fix wind turbine generators comprised in Work No. 2 to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii)the diameter of each foundation must not exceed 8.5 metres;

(b)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 707 m² per wind turbine;

(ii)the number of piles per jacket must not exceed four;

(iii)the diameter of each pile must not exceed three metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and scour protection for each individual structure must not exceed 6,362 m²;

(ii)the number of piles per jacket must not exceed four;

(iii)the diameter of each pile must not exceed 15 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the seabed levelling diameter must not exceed 70 metres;

(iii)the cone diameter must not exceed 50 metres at its base.

(3) The following parameters apply in respect of the foundation methods used to fix any offshore accommodation platform comprised in Work No. 2 to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii)the diameter of each foundation must not exceed 8.5 metres;

(b)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,414 m²;

(ii)the number of piles must not exceed eight;

(iii)the diameter of each pile must not exceed three metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the number of piles per jacket must not exceed eight;

(iii)the diameter of each pile must not exceed 15 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the seabed levelling diameter must not exceed 70 metres;

(iii)the cone diameter must not exceed 50 metres at its base.

(4) The combined total volume of scour protection for the wind turbine generators and the offshore accommodation platform forming part of Work No. 2 must not exceed 1,079,839 m³ or, if no part of Work No.3 is constructed, must not exceed 1,613,093 m³.

(5) In the event that no offshore accommodation platform is constructed under this licence, the combined total volume of scour protection for the wind turbine generators forming part of Work No. 2 must not exceed 1,066,508 m³ or, if no part of Work No.3 is constructed, must not exceed 1,599,762 m³.

Notifications and inspections

6.  (1)  The licence-holder shall ensure that-

(a)a copy of this licence and any subsequent amendments or revisions to it are provided to-

(i)all agents and contractors notified to the MMO in accordance with the conditions of this licence; and

(ii)the masters and transport managers responsible for the vehicles notified to the MMO in accordance with the conditions of this licence; and

(b)within 28 days of receipt of a copy of this licence those persons referred to in sub-paragraph (a) shall provide a completed confirmation form to the MMO confirming their understanding of the terms and conditions of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 16 are permitted to carry out the licensed activities.

(3) Copies of this licence shall also be available for inspection at the following locations-

(a)the licence-holder's registered address;

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

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

(4) The documents referred to in paragraph (1)(a) shall be available for inspection by an enforcement officer at the locations set out in paragraph (3) above at any time.

(5) The licence-holder must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised scheme.

(6) The licence-holder must inform the MMO in writing at least five working days prior to the commencement of the licensed activities or any phase of them.

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

(8) The licence-holder shall ensure that a Notice to Mariners is issued at least ten days prior to the commencement of the licensed activities advising of the commencement of licensed activities within Wind Farm Area 2 and the expected vessel routes from the local service ports to the turbine locations.

(9) The Notices to Mariners must be updated and reissued not less frequently than weekly and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under licence condition 13(2)(a). Copies of all notices shall be provided to the MMO.

(10) The licence-holder must notify-

(a)the UK Hydrographic Office of commencement (within two weeks), progress and completion (within two weeks) of the authorised scheme in order that all necessary amendments to nautical charts are made; and

(b)the MMO once the authorised scheme is completed and any required lighting or marking has been established.

Aids to navigation

7.  The licence-holder must during the whole period from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning-

(a)exhibit such lights, marks, sounds, signals and other aids to navigation and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct;

(b)colour all structures in the authorised scheme as directed by Trinity House;

(c)notify Trinity House as soon as reasonably practicable of both the progress and completion of the authorised scheme (or any phase of it) and any aids to navigation established from time to time;

(d)provide reports on the working condition of aids to navigation periodically as requested by Trinity House;

(e)notify Trinity House and the MMO of any failure of the aids to navigation and the timescales in which such failure will be remedied, as soon as possible and no later than 24 hours following the licence-holder becoming aware of any such failure.

Provision against danger to navigation

8.  In case of injury to, or destruction or decay of, the authorised scheme or any part of it seaward of MHWS the licence-holder must as soon as reasonably practicable, and no later than 24 hours following the licence-holder becoming aware of any such injury, destruction or decay, notify Trinity House and must lay down such buoys, exhibit such lights and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

Navigational Practice, Safety and Emergency Response

9.  (1)  No part of the authorised scheme seaward of MHWS is to commence until the Secretary of State, in consultation with the MCA, has given written approval for an Emergency Response and Co-operation Plan which includes full details of the emergency co-operation plans for the construction, operation and decommissioning phases of that part of the authorised scheme in accordance with the MCA recommendations contained within MGN 371 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues".

(2) No authorised scheme seaward of MHWS is to commence until the Secretary of State, in consultation with the MCA, has confirmed in writing that the licence-holder has taken into account and, so far as is applicable to that stage of the development, adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN 371 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues" (including its annexes).

(3) The Emergency Response and Co-operation Plan must be implemented as approved, unless otherwise agreed in writing by the Secretary of State, in consultation with the MCA.

(4) The licence-holder must during the whole period from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning provide relevant information to the MCA to assist in the timely and efficient issuing of notices to mariners and other navigational warnings of the position and nature of the works, such information to be provided to mariners in the shipping and fishing industry as well as to recreational mariners.

Colour and lighting

10.  Except as otherwise required by Trinity House under condition 7, the licence-holder must colour all structures comprised in Work No. 2 submarine grey (colour code RAL 7035).

Chemicals, drilling and debris

11.  (1)  All chemicals used in the construction of the authorised scheme shall be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002 (as amended), unless otherwise agreed in writing by the MMO.

(2) The licence-holder shall ensure that any coatings or treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive or the Environment Agency Pollution Prevention Guidelines.

(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances shall be undertaken so as to prevent releases into the marine environment including bunding of 110 per cent of the total volume of all reservoirs and containers.

(4) Where foundation drilling works are proposed, in the event that any system other than water based mud is proposed the MMO's written approval in relation to the proposed disposal of any arisings shall be obtained before the drilling commences, which disposal may also require a marine licence.

(5) The licence-holder shall ensure that any debris arising from the construction of the authorised scheme or temporary works placed below MHWS are removed on completion of the authorised scheme, where practicable.

(6) Prior to the commencement of the licensed activities the licence-holder must submit to the MMO an audit sheet covering all aspects of the construction of the authorised scheme and no works shall commence until the audit sheet content has been agreed with the MMO. The audit sheet shall include details of-

(a)loading facilities;

(b)vessels;

(c)equipment;

(d)shipment routes;

(e)working schedules; and

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

(7) The audit sheet shall be maintained throughout the construction of the authorised scheme and the MMO shall be notified of any changes on a fortnightly basis.

(8) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for it shall require the licence-holder to carry out a side scan sonar survey to plot all obstructions across Wind Farm Area 2 where construction works and related activities have been carried out under this licence. Local fishermen shall be invited to send a representative to be present during the survey. Any new obstructions that the MMO believes to be associated with the authorised scheme shall be removed at the licence-holder's expense, where practicable.

(9) The licence-holder shall inform the MMO of the location and quantities of inert material disposed of each month under this licence, by submission of a disposal return by 31st January each year for disposals occurring during the months July to December inclusive of the preceding year, and by 31st July each year for disposals occurring during the months January to June inclusive of that year.

(10) The licence-holder shall ensure that only inert material of natural origin, produced during construction drilling and seabed preparation for foundation works comprised in Work No. 2, and drilling mud shall be disposed of at disposal site reference HU206 (Hornsea Project One Subzone 1).

(11) The licence-holder shall ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete, cement mixing and washing areas should be contained to prevent run-off entering the water through the freeing ports.

(12) The licence-holder shall ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.

Force majeure

12.  If, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit-

(a)authorised deposits outside of Wind Farm Area 2 or disposal site reference HU206 (Hornsea Project One Subzone 1); or

(b)unauthorised deposits within or outside of Wind Farm Area 2 or disposal site reference HU206 (Hornsea Project One Subzone 1),

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

Pre-construction plans and documentation

13.  (1)  The licensed activities shall not commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO-

(a)to ensure conformity with the description of Work No. 2 and compliance with licence conditions 1 to 5 above, a plan, to be agreed in writing with the MMO in consultation with Trinity House and the MCA, which shows-

(i)the proposed location and choice of foundation of all wind turbine generators and any offshore accommodation platform, subject to any micro-siting required due to anthropological constraints, environmental constraints, difficult ground conditions or to give adequate spacing between other infrastructure;

(ii)the proposed location and height of bridge links;

(iii)the height to the tip of the vertical blade, height to the centreline of the generator shaft forming part of the hub, rotor diameter and spacing of all wind turbine generators;

(iv)whether an accommodation platform will be built as part of Work No. 2 and, if so, the height, length and width of that offshore accommodation platform;

(v)the length and arrangement of all electrical circuits comprising Work No. 2 subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions;

(vi)the proposed dimensions of all monopile foundations;

(vii)the proposed dimensions of all gravity base foundations;

(viii)the proposed dimensions of all jacket foundations; and

(ix)the proposed layout of all wind turbine generators and any offshore accommodation platform including all exclusion zones comprised in the licensed activities and showing the indicative programming of particular works as set out in the indicative programme to be provided under paragraph (2)(a);

(2) The licensed activities, or any phase of those activities, shall not commence until a Code of Construction Practice incorporating the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO-

(a)a construction and monitoring programme to include details of-

(i)the proposed construction start date;

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

(iii)proposed pre-construction surveys, baseline report format and content, construction monitoring, post construction monitoring and related reporting in accordance with licence conditions 18 to 20. The preconstruction survey programme and all pre-construction survey methodologies shall be submitted to the MMO at least four months prior to the commencement of any survey works detailed within;

(b)a construction method statement in accordance with the project description and Environmental Statement and including details of-

(i)foundation installation, including any seabed preparation, drilling and disposal of arisings methods;

(ii)turbine installation, including any seabed preparation and scour protection;

(iii)installation of any offshore accommodation platform, including any seabed preparation and scour protection;

(iv)circuit installation, including any seabed preparation and circuit protection;

(v)contractors;

(vi)vessels; and

(vii)associated works;

(c)a project environmental management and monitoring plan to include details of-

(i)a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised scheme in relation to all activities carried out below MHWS;

(ii)a chemical risk analysis to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

(iii)waste management and disposal arrangements;

(iv)offshore project maintenance plans including offshore electrical circuit maintenance;

(v)locations of any archaeological exclusion zones agreed as part of the written scheme of archaeological investigation approved under sub-paragraph (g);

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

(vii)a disposal plan detailing the locations, methods and timings of dredging and disposal, as well as disposal site monitoring requirements;

(d)a scour protection management and cable armouring plan providing details of the need, type, sources, quantity, location and installation methods for scour protection and cable armouring to be within the scope of the environmental impact assessment recorded in the Environmental Statement;

(e)in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol following current best practice as advised by the statutory nature conservation agencies, to include, but not be limited to-

(i)identification of a Marine Mammal Monitoring Zone (MMMZ);

(ii)appointment of an appropriate number of suitably qualified marine mammal observer(s);

(iii)methods for the detection of marine mammals within the MMMZ whether visually (by the marine mammal observer(s)) or acoustically using Passive Acoustic Monitoring equipment or other means of detection;

(iv)a reporting methodology to enable efficient communication between the marine mammal observer(s) and the person responsible for approving commencement of piling;

(v)an appropriate soft start procedure whereby piling activities do not commence until an agreed time has elapsed and during which marine mammals have not been detected within the MMMZ; and

(vi)where appropriate, methods for the application of acoustic deterrent devices;

(f)cable specification and installation plan, to include-

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

(ii)a detailed cable laying plan, including geotechnical data, cable laying techniques and a cable burial risk assessment encompassing the identification of any cable protection which exceeds 5% of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5% of navigable depth is identified, details of any steps (to be determined following consultation with the MCA) to be taken to ensure existing and future safe navigation is not compromised;

(g)a written scheme of archaeological investigation in relation to Wind Farm Area 2 in accordance with industry good practice to include-

(i)details of responsibilities of the licence-holder, archaeological consultant and contractor;

(ii)a methodology for any further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

(iii)analysis and reporting of survey data to be submitted to the MMO within four months of survey completion;

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

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

(vi)archiving of archaeological material; and

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

(h)a marine mammal monitoring plan setting out the circumstances in which marine mammal monitoring will be required and the monitoring to be carried out in such circumstances; and

(i)an offshore project maintenance plan to be submitted to the MMO at least four months prior to commencement of the operation of the licensed activities and to include provision for the review and resubmission of the plan every three years during the operational phase.

(3) Prior to the submission of the pre-construction plans and documentation required by this condition the licence-holder must provide a copy of the plans and documentation to the other undertakers listed in Article 3 of the Order.

(4) The other undertakers must provide any comments on the plans and documentation to the licence-holder within 14 days of receipt of the plans and documentation.

(5) The licence-holder shall participate in liaison meetings with other undertakers listed in Article 3 of the Order as requested from time to time by the MMO in writing in advance, which meetings shall be chaired by the MMO and shall consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence where it has an impact on the efficient operation of any other deemed marine licence issued under the Order (including as varied or transferred).

(6) Prior to giving its approval under paragraph (2), the MMO must-

(a)in relation to any programme, statement, plan or protocol submitted under sub-paragraphs (a) to (e) or (h), consult with the relevant statutory nature conservation body; and

(b)in relation to a scheme submitted under sub-paragraph (g), consult with English Heritage.

14.  The licence-holder shall ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting an English Heritage OASIS form with a digital copy of the report.

15.  (1)  Each programme, statement, plan, protocol or scheme required to be approved under condition 13-

(a)shall be submitted for approval at least four months prior to the intended start of construction, except where otherwise stated or where an alternative date is agreed in writing by the MMO; and

(b)shall be accompanied by-

(i)a statement confirming that the licence-holder has complied with condition 13(3) in relation to such programme, statement, plan, protocol or scheme; and

(ii)any comments received by the licence-holder under condition 13(4), or a statement from the licence-holder confirming that no such comments were received

(2) The licence-holder shall comply with all documents approved under licence condition 13 in carrying out the licensed activities except to the extent agreed in writing by the MMO.

(3) Prior to agreeing an alternative date under paragraph (1)(a) or a change to approved details under paragraph (2) relating to any document in respect of which consultation is required under condition 13(6), the MMO must consult with the relevant consultation body referred to in that condition.

Reporting of engaged agents, contractors and vessels

16.  (1)  The licence-holder shall provide the following information to the MMO-

(a)the name and function of any agent or contractor appointed to engage in the licensed activities at least five working days prior to the commencement of the licensed activities or any part of them; and

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

(2) Any changes to the supplied details must be notified to the MMO and MMO Coastal Office in writing prior to the agent, contractor or vessel engaging in the licensed activities. All agents, contractors and/or vessel operators will abide by the conditions set out in this licence.

Equipment and Operation of Vessels Engaged in Licensed Activities

17.  (1)  All vessels employed to perform the licensed activities shall be constructed and equipped to be capable of the proper performance of such activities in accordance with the conditions of this licence and shall comply with paragraphs (2) to (6).

(2) All motor powered vehicles must be fitted with-

(a)electronic positioning aid to provide navigational data;

(b)radar;

(c)echo sounder; and

(d)multi-channel VHF.

(3) No radio beacon or radar beacon operating on the marine frequency bands shall be installed or used without the prior written approval of the Secretary of State.

(4) All vessels' names or identification shall be clearly marked on the hull or superstructure of the vessel.

(5) All communication on VHF working frequencies shall be in English.

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

Pre-construction monitoring and surveys

18.  (1)  The licence-holder must, when submitting details under condition 13(2)(a)-

(a)in relation to the proposed pre-construction surveys, include methodologies and timings, and specify each survey's objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position and/or will enable the validation or otherwise of key predictions in the Environmental Statement; and

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

(2) Subject to receipt from the licence-holder of specific proposals pursuant to this condition, it is expected that the pre-construction surveys will comprise, in outline-

(a)a high resolution swath bathymetric survey to include a 100% coverage and a side scan sonar survey of the part(s) of Wind Farm Area 2 in which it is proposed to carry out construction works and disposal activities under this licence, including a 500m buffer around the site of each works;

(b)a survey of existing ornithological activity covering the part(s) of Wind Farm Area 2 within which it is proposed to carry out construction works under this licence, and any wider area(s) where appropriate, which is required to test predictions in the Environmental Statement concerning key ornithological interests of relevance to the authorised scheme;

(c)a survey to determine the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance in the part(s) of Wind Farm Area 2 in which it is proposed to carry out construction works under this licence; and

(d)any marine mammal monitoring required by the marine mammal monitoring plan submitted in accordance with condition 13(2)(h).

Construction monitoring

19.  (1)  The licence-holder must, when submitting details of proposed construction monitoring, include methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey's objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the Environmental Statement.

(2) Subject to receipt from the licence-holder of specific proposals pursuant to this condition, it is expected that the construction monitoring will comprise, in outline-

(a)except to the extent agreed in writing by the MMO, measurements of noise generated by the installation of the first four foundations of each discrete foundation type to be constructed under this licence where driven or part-driven pile foundations are used; and

(b)recording of any visual sightings or acoustic detection of marine mammals where required as part of the marine mammal mitigation protocol under condition 13(2)(e).

(3) The results of the initial noise measurements monitored in accordance with paragraph (2)(a) must be provided to the MMO within six weeks of the installation of the first four foundations of each discrete foundation type. The assessment of this report by the MMO shall determine whether any further noise monitoring is required.

(4) Construction monitoring shall include vessel traffic monitoring by Automatic Identification System for the duration of the construction period. A report will be submitted to the MMO and the MCA at the end of each year of the construction period.

Post construction

20.  (1)  The licence-holder must, when submitting details of proposed post-construction surveys under condition 13(2)(a), include methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals shall specify each survey's objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the Environmental Statement.

(2) Subject to receipt of specific proposals, it is expected that the post-construction surveys will comprise, in outline-

(a)an ornithological survey covering the part(s) of Wind Farm Area 2 within which construction works were carried out under this licence, and any wider area(s) where appropriate, which is required to test predictions in the Environmental Statement concerning key ornithological interests of relevance to the authorised scheme;

(b)a high resolution swath bathymetric survey of the following to assess any changes in bedform morphology-

(i)a representative sample area, to be agreed in writing with the MMO, of the part(s) of Wind Farm Area 2 within which construction works and disposal activities were carried out under this licence, and such further monitoring as may be required to ensure that the cables have been buried or protected; and

(ii)an area not to exceed 125 per cent of the predicted scour area around a selection of turbines, such selection to be based on the desk based assessment;

(c)a survey to determine any change in the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance identified in the pre-construction survey in the part(s) of Wind Farm Area 2 in which construction works were carried out. The survey design will be informed by the results of the pre-construction benthic survey;

(d)vessel traffic monitoring by Automatic Identification System, for 28 days taking account seasonal variations in traffic patterns, for a maximum duration of one year post construction. A report will be submitted to the MMO and the MCA at the end of the first year after construction is completed; and

(e)any marine mammal monitoring required by the marine mammal monitoring plan submitted in accordance with condition 13(2)(h).

(3) Prior to carrying out the survey required under paragraph (2)(b), the licence-holder must submit to the MMO for written approval a desk based assessment (which takes account of all factors which influence scour) identifying the turbines with greatest potential for scour. The survey will be used to validate the desk based assessment and the significance of any differences between the predicted scour and recorded scour will be assessed in the survey report which will be submitted to the MMO. The need for further surveys will be agreed in writing with the MMO following submission of the first year of survey data.

Amendments to details

21.  (1)  With respect to any condition of this licence which requires the licensed activities to be carried out in accordance with the plans and programmes approved by the MMO, the approved plans and programmes shall be taken to include any amendments that may subsequently be approved in writing by the MMO.

(2) Where the words ‘except to the extent agreed in writing by the MMO' appear in these licence conditions, any such agreement or statement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of MMO that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

Offshore Decommissioning

22.  No decommissioning activities shall commence until plans for the carrying out of such activities have been submitted to and approved in writing by the MMO.

Article 35

SCHEDULE 10Deemed Marine Licences under the Marine and Coastal Access Act 2009 – Deemed Marine Licence 3

PART 1Licensed marine activities

Interpretation

1.  (1)  In this licence-

"the 2008 Act" means the Planning Act 2008;

"the 2009 Act" means the Marine and Coastal Access Act 2009;

"ancillary vessel" means any vessel other than a construction vessel or a survey vessel;

"ancillary works" means the ancillary works described in paragraph 2 of this Part of this licence which are not development within the meaning of section 32 of the 2008 Act;

"Annex I Habitat" means such habitat as defined under the EU Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora;

"authorised deposits" means the substances and articles specified in paragraph 2(4) of Part 1 of this licence;

"authorised development" means the development described in Part 1 of Schedule 1 of the Order, which is development within the meaning of section 32 of the 2008 Act;

"authorised project" means the authorised development and the ancillary works authorised by the Order;

"authorised scheme" means Work No. 3 described in paragraph 2 of Part 1 of this licence;

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

"construction vessel" means any vessel involved in the course of or used for the construction and/or maintenance of the authorised project;

"debris" means items or equipment of a significant size left on the seabed being lost from survey or construction vessels;

"electrical circuit" means a number of electrical conductors necessary to transmit electricity between two points within the authorised project; this comprises, in the case of HVAC transmission, three conductors which may be bundled as one cable, and, in the case of HVDC transmission two conductors, which may be attached together or take the form of single cables: the circuit may include one or more auxiliary cables (normally fibre optic cables) for the purpose of control, monitoring, protection or general communications;

"enforcement officer" means a person authorised to carry out enforcement duties under Part 4, Chapter 3 of the 2009 Act;

"the Environmental Statement" means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;

"gravity base foundation" means either-

"HVAC" means high voltage alternating current;

"HVDC" means high voltage direct current;

"inter-array electrical circuits" means the circuits described in paragraph 2(2)(b) of Part 1 of this licence;

"jacket foundation" means a lattice construction comprising tubular members and joints which are fixed to the seabed with piles (either driven/drilled piles or suction piles) and which will include platforms and J-tubes and may include braced monopiles and a transition piece;

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

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

"the licence conditions" means the conditions set out in Part 2 of this licence;

"licence-holder" means Vi Aura Limited;

"maintain" includes, to the extent assessed in the environmental statement-

but does not include the alteration, removal or replacement of foundations; and "maintenance" shall be construed accordingly;

"the Marine Management Organisation" or "MMO" means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence or any successor to its statutory functions;

"the Maritime and Coastguard Agency" or "MCA" means the executive agency of the Department for Transport or any successor to its statutory functions;

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

"mean low water springs" or "MLWS" means the lowest level which spring tides reach on average over a period of time;

"monopile foundation" comprises a large diameter steel or concrete tube or pile driven vertically into the seabed, J-tubes and platforms and may include external structural devices such as bracing members or steel anchor wires and a transition piece;

"Natural England" means the body established by section 1 of the Natural Environment and Rural Communities Act 2006 or any successor to its statutory functions;

"Notice to Mariners" includes any Notice to Mariners which may be issued by Admiralty, Trinity House, Queen's harbourmasters, government departments and harbour and pilotage authorities;

"offshore accommodation platform" means a platform housing or incorporating temporary accommodation, landing ports for vessels and/or helicopters, standby electricity generation equipment, marking and lighting and other equipment facilities to assist in the co-ordination of marine activities related to the authorised scheme;

"offshore HVAC collector substation" means a structure serving as a collection point for the inter-array electrical circuits and containing equipment with the purpose of transforming the electricity generated at the wind turbines to a higher voltage; it may also include a helicopter platform;

"offshore HVDC converter station" means a structure which contains equipment to convert HVAC electricity to HVDC electricity; it may also include a helicopter platform;

"the offshore works plans" means the part of the works plans described as the offshore works plans;

"the Order limits" means the limits shown on the works plans within which the authorised project may be carried out;

"the Order" means the Hornsea One Offshore Wind Farm Order 2014;

"the project description" means the document certified as the project description by the Secretary of State for the purposes of the Order and submitted with the application on 30th July 2013 (Chapter Three, Volume One of the Environmental Statement);

"suction pile" means a large diameter steel cylinder which is fixed to the base of the foundation and partially penetrates the seabed and remains in place using its weight and hydrostatic pressure differential;

"survey vessels" means the vessels licensed to carry out environmental or engineering surveys;

"Trinity House" means the Corporation of Trinity House of Deptford Strond;

"the UK Hydrographic Office" means the Hydrographic Office of the Ministry of Defence, Taunton, Somerset TA1 2DN or any replacement body or successor to its functions;

"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 and including ancillary vessels and construction vessels;

"VHF" means very high frequency;

"Wind Farm Area 1" means the area within the limits of deviation for Work No. 1 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"Wind Farm Area 2" means the area within the limits of deviation for Work No. 2 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"Wind Farm Area 3" means the area within the limits of deviation for Work No. 3 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"wind turbine generator" or "wind turbine" means a structure comprising any or all of a tower, rotor, blades, nacelle and ancillary electrical and other equipment or structures which may include lighting and a helicopter platform, fixed to a foundation;

"working day" means any day other than a Saturday, Sunday or public holiday in England and Wales;

"Work No. 1" means an offshore wind generating station within Wind Farm Area 1 and described as Work No. 1 in Part 1 of Schedule 1 of the Order;

"Work No. 2" means an offshore wind generating station within Wind Farm Area 2 and described as Work No. 2 in Part 1 of Schedule 1 of the Order;

"Work No. 3" means an offshore wind generating station within Wind Farm Area 3 and described as Work No. 3 in paragraph 2 of Part 1 of this licence;

"Work No. 4" means up to five offshore HVAC collector substations and, in the event that the mode of transmission is HVDC, up to two offshore HVDC converter stations together with a network of electrical circuits connecting the structures within Work No. 4;

"the works plans" means the plans certified as the works plans by the Secretary of State for the purposes of the Order divided into three parts and described as the offshore works plans, the intertidal works plans and the onshore works plans.

(2) A reference to any statute, order, regulation or similar instrument shall be construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) Unless otherwise indicated-

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

(b)all co-ordinates shall be taken to be latitude and longitude degrees, minutes and seconds to three decimal places in WGS84 Datum.

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence shall be-

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032

Email: [email protected]

(b)Marine Management Organisation (referred to as the "MMO Coastal Office")

Estuary House

Wharncliffe Road

Grimsby

Lincolnshire

DN31 3QL

Tel: 01472 355 112

(c)Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900

(d)The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900

(e)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 023 8032 9191

(f)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244

(g)Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield

S3 8NH

Tel: 0300 060 4911

(h)Joint Nature Conservation Committee

Inverdee House

Baxter Street

Aberdeen

AB11 9QA

Tel: 01224 266 550

(i)English Heritage

Eastgate Court

195-205 High Street

Guildford

GU1 3EH

Tel: 01483 252 057

Details of licensed activities

2.  (1)  This licence authorises the licence-holder (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities pursuant to section 66(1) of the 2009 Act, subject to the licence conditions-

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

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

(c)dredging;

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

(e)the disposal at disposal site reference HU206 (Hornsea Project One Subzone 1) of-

(i)in the event that an offshore accommodation platform is constructed under this licence up to 434,004 m³ of inert material of natural origin produced during construction drilling and seabed preparation for foundation works comprised in Work No. 3; or

(ii)in the event that no offshore accommodation platform is constructed under this up to 414,762 m³ of inert material of natural origin produced during construction drilling and seabed preparation for foundation works comprised in Work No. 3; and

(f)the removal of the substances and articles specified in sub-paragraph (4) below.

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

Work No. 3 - An offshore wind generating station within Wind Farm Area 3, whose coordinates constitute the limits of deviation for Work No. 3 and are specified in Table 1, comprising-

(a)up to 80 wind turbine generators fixed to the seabed;

(b)a network of subsea inter-array electrical circuits connecting the structures comprised in Work No. 3-

(i)with each other;

(ii)with any other structure located within Wind Farm Area 3; and

(iii)(for the purpose of connecting any structure comprised in Work No. 3 with any structure comprised in Works Nos. 1, 2 and 4) with the network of electrical circuits comprised in Works Nos. 1, 2 and 4;

(c)up to one offshore accommodation platform fixed to the seabed which may be connected to one of the offshore HVAC collector substations or offshore HVDC converter stations within Work No. 4 by an unsupported steel bridge, provided that the combined total of offshore accommodation platforms constructed in whole or in part within Works Nos. 1, 2 and 3 does not exceed two.

In connection with such Work No. 3, further associated development as may be necessary or expedient in connection with the authorised scheme within the Order limits and which fall within the scope of the environmental impact assessment recorded in the Environmental Statement;

In connection with such Work No. 3, ancillary works consisting of works and operations within the Order limits comprising temporary anchorage of vessels and buoys, beacons, fenders and other navigational warning or ship impact protection works.

(3) Work No. 3 may not be constructed, in whole or part, if either Works Nos. 1 or 2 are constructed so as to include more than 80 wind turbine generators.

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

(a)iron and steel;

(b)stone and rock;

(c)concrete;

(d)sand and gravel;

(e)plastic and synthetic; and

(f)material extracted from within Wind Farm Area 3 during construction drilling and seabed preparation for foundation works.

(5) The grid co-ordinates for disposal site reference HU206 (Hornsea Project One Subzone 1) are specified in Table 2.

(6) The provisions of section 72 of the 2009 Act shall apply to this licence, save that the provisions of section 72(7) and 72(8) relating to the transfer of the licence shall only apply to a transfer not falling within article 34 of the Order.

Duration

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

PART 2Licence conditions

Design parameters

1.  (1)  All wind turbine generators forming part of Work No. 3 must not-

(a)be less than 82 metres to the turbine hub when measured from MHWS;

(b)exceed a height of 200 metres from MHWS to the upper tip of the vertical blade;

(c)exceed a rotor diameter of 178 metres;

(d)be less than 22 metres from MHWS to the lowest point of the rotating blade; or

(e)be less than 924 metres from the nearest wind turbine generator in all directions.

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

2.  Any offshore accommodation platform forming part of Work No. 3 must not-

(a)exceed 60 metres in height above MHWS;

(b)have a platform which at its greatest extent exceeds, 3,600 m² or 60 metres in width.

3.  The diameter of the electrical circuits comprising the electrical circuits within Work No. 3 must not exceed 170 mm.

4.  The electrical circuits comprised in Work No. 3 must be installed by use of, or a combination of, ploughing, trenching, jetting, rock-cutting, dredging, surface laying with post lay burial, and where ground conditions make burial impracticable, by surface laying.

5.  (1)  The licence-holder must in fixing to the seabed any structures comprised in Work No. 3 use one of the following methods-

(a)monopile foundations;

(b)jacket foundations supported by piles; or

(c)gravity base foundations.

(2) The following parameters apply in respect of the foundation methods used to fix wind turbine generators comprised in Work No. 3 to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii)the diameter of each foundation must not exceed 8.5 metres;

(b)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 707 m² per wind turbine;

(ii)the number of piles per jacket must not exceed four;

(iii)the diameter of each pile must not exceed three metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and scour protection for each individual structure must not exceed 6,362 m²;

(ii)the number of piles per jacket must not exceed four;

(iii)the diameter of each pile must not exceed 15 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the seabed levelling diameter must not exceed 70 metres;

(iii)the cone diameter must not exceed 50 metres at its base.

(3) The following parameters apply in respect of the foundation methods used to fix any offshore accommodation platform comprised in Work No. 3 to the seabed-

(a)where monopile foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,419 m²;

(ii)the diameter of each foundation must not exceed 8.5 metres;

(b)where jacket foundations (driven/drilled piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 1,414 m²;

(ii)the number of piles must not exceed eight;

(iii)the diameter of each pile must not exceed three metres;

(c)where jacket foundations (suction piles) are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the number of piles per jacket must not exceed eight;

(iii)the diameter of each pile must not exceed 15 metres;

(d)where gravity base foundations are used-

(i)the area occupied by the foundations and the scour protection for each individual structure must not exceed 6,362 m²;

(ii)the seabed levelling diameter must not exceed 70 metres;

(iii)the cone diameter must not exceed 50 metres at its base.

(4) The combined total volume of scour protection for the wind turbine generators and the offshore accommodation platform forming part of Work No. 3 must not exceed 1,079,839 m³.

(5) In the event that no offshore accommodation platform is constructed under this licence, the combined total volume of scour protection for the wind turbine generators forming part of Work No. 3 must not exceed 1,066,508 m³.

Notifications and inspections

6.  (1)  The licence-holder shall ensure that-

(a)a copy of this licence and any subsequent amendments or revisions to it are provided to-

(i)all agents and contractors notified to the MMO in accordance with the conditions of this licence; and

(ii)the masters and transport managers responsible for the vehicles notified to the MMO in accordance with the conditions of this licence.

(b)Within 28 days of receipt of a copy of this licence those persons referred to in sub-paragraph (a) shall provide a completed confirmation form to the MMO confirming their understanding of the terms and conditions of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 16 are permitted to carry out the licensed activities.

(3) Copies of this licence shall also be available for inspection at the following locations-

(a)the licence-holder's registered address;

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

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

(4) The documents referred to in paragraph (1)(a) shall be available for inspection by an enforcement officer at the locations set out in paragraph (3) above at any time.

(5) The licence-holder must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised scheme.

(6) The licence-holder must inform the MMO in writing at least five working days prior to the commencement of the licensed activities or any phase of them.

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

(8) The licence-holder shall ensure that a Notice to Mariners is issued at least ten days prior to the commencement of the licensed activities advising of the commencement of licensed activities within Wind Farm Area 3 and the expected vessel routes from the local service ports to the turbine locations.

(9) The Notices to Mariners must be updated and reissued not less frequently than weekly and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under licence condition 13(2)(a). Copies of all notices shall be provided to the MMO.

(10) The licence-holder must notify-

(a)the UK Hydrographic Office of commencement (within two weeks), progress and completion (within two weeks) of the authorised scheme in order that all necessary amendments to nautical charts are made; and

(b)the MMO once the authorised scheme is completed and any required lighting or marking has been established.

Aids to navigation

7.  The licence-holder must during the whole period from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning-

(a)exhibit such lights, marks, sounds, signals and other aids to navigation and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct;

(b)colour all structures in the authorised scheme as directed by Trinity House;

(c)notify Trinity House as soon as reasonably practicable of both the progress and completion of the authorised scheme (or any phase of it) and any aids to navigation established from time to time;

(d)provide reports on the working condition of aids to navigation periodically as requested by Trinity House;

(e)notify Trinity House and the MMO of any failure of the aids to navigation and the timescales in which such failure will be remedied, as soon as possible and no later than 24 hours following the licence-holder becoming aware of any such failure.

Provision against danger to navigation

8.  In case of injury to, or destruction or decay of, the authorised scheme or any part of it seaward of MHWS the licence-holder must as soon as reasonably practicable, and no later than 24 hours following the licence-holder becoming aware of any such injury, destruction or decay, notify Trinity House and must lay down such buoys, exhibit such lights and take such other steps for the prevention of danger to navigation as Trinity House may from time to time direct.

Navigational Practice, Safety and Emergency Response

9.  (1)  No part of the authorised scheme seaward of MHWS is to commence until the Secretary of State, in consultation with the MCA, has given written approval for an Emergency Response and Co-operation Plan which includes full details of the emergency co-operation plans for the construction, operation and decommissioning phases of that part of the authorised scheme in accordance with the MCA recommendations contained within MGN 371 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues".

(2) No authorised scheme seaward of MHWS is to commence until the Secretary of State, in consultation with the MCA, has confirmed in writing that the licence-holder has taken into account and, so far as is applicable to that stage of the development, adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN 371 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues" (including its annexes).

(3) The Emergency Response and Co-operation Plan must be implemented as approved, unless otherwise agreed in writing by the Secretary of State, in consultation with the MCA.

(4) The licence-holder must during the whole period from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning provide relevant information to the MCA to assist in the timely and efficient issuing of notices to mariners and other navigational warnings of the position and nature of the works, such information to be provided to mariners in the shipping and fishing industry as well as to recreational mariners.

Colour and lighting

10.  Except as otherwise required by Trinity House under condition 7, the licence-holder must colour all structures comprised in Work No. 3 submarine grey (colour code RAL 7035).

Chemicals, drilling and debris

11.  (1)  All chemicals used in the construction of the authorised scheme shall be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002 (as amended), unless otherwise agreed in writing by the MMO.

(2) The licence-holder shall ensure that any coatings or treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive or the Environment Agency Pollution Prevention Guidelines.

(3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances shall be undertaken so as to prevent releases into the marine environment including bunding of 110 per cent of the total volume of all reservoirs and containers.

(4) Where foundation drilling works are proposed, in the event that any system other than water based mud is proposed the MMO's written approval in relation to the proposed disposal of any arisings shall be obtained before the drilling commences, which disposal may also require a marine licence.

(5) The licence-holder shall ensure that any debris arising from the construction of the authorised scheme or temporary works placed below MHWS are removed on completion of the authorised scheme, where practicable.

(6) Prior to the commencement of the licensed activities the licence-holder must submit to the MMO an audit sheet covering all aspects of the construction of the authorised scheme and no works shall commence until the audit sheet content has been agreed with the MMO. The audit sheet shall include details of-

(a)loading facilities;

(b)vessels;

(c)equipment;

(d)shipment routes;

(e)working schedules; and

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

(7) The audit sheet shall be maintained throughout the construction of the authorised scheme and the MMO shall be notified of any changes on a fortnightly basis.

(8) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for it shall require the licence-holder to carry out a side scan sonar survey to plot all obstructions across Wind Farm Area 3 where construction works and related activities have been carried out under this licence. Local fishermen shall be invited to send a representative to be present during the survey. Any new obstructions that the MMO believes to be associated with the authorised scheme shall be removed at the licence-holder's expense, where practicable.

(9) The licence-holder shall inform the MMO of the location and quantities of inert material disposed of each month under this licence, by submission of a disposal return by 31st January each year for disposals occurring during the months July to December inclusive of the preceding year, and by 31st July each year for disposals occurring during the months January to June inclusive of that year.

(10) The licence-holder shall ensure that only inert material of natural origin, produced during construction drilling and seabed preparation for foundation works comprised in Work No. 3, and drilling mud shall be disposed of at disposal site reference HU206 (Hornsea Project One Subzone 1).

(11) The licence-holder shall ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete, cement mixing and washing areas should be contained to prevent run-off entering the water through the freeing ports.

(12) The licence-holder shall ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.

Force majeure

12.  If, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit-

(a)authorised deposits outside of Wind Farm Area 3 or disposal site reference HU206 (Hornsea Project One Subzone 1); or

(b)unauthorised deposits within or outside of Wind Farm Area 3 or disposal site reference HU206 (Hornsea Project One Subzone 1),

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

Pre-construction plans and documentation

13.  (1)  The licensed activities shall not commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO-

(a)to ensure conformity with the description of Work No. 3 and compliance with licence conditions 1 to 5 above, a plan, to be agreed in writing with the MMO in consultation with Trinity House and the MCA, which shows-

(i)the proposed location and choice of foundation of all wind turbine generators and any offshore accommodation platform, subject to any micro-siting required due to anthropological constraints, environmental constraints, difficult ground conditions or to give adequate spacing between other infrastructure;

(ii)the proposed location and height of bridge links;

(iii)the height to the tip of the vertical blade, height to the centreline of the generator shaft forming part of the hub, rotor diameter and spacing of all wind turbine generators;

(iv)whether an accommodation platform will be built as part of Work No.3 and, if so, the height, length and width of that offshore accommodation platform;

(v)the length and arrangement of all electrical circuits comprising Work No. 3 subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions;

(vi)the proposed dimensions of all monopile foundations;

(vii)the proposed dimensions of all gravity base foundations;

(viii)the proposed dimensions of all jacket foundations; and

(ix)the proposed layout of all wind turbine generators and any offshore accommodation platform including all exclusion zones comprised in the licensed activities and showing the indicative programming of particular works as set out in the indicative programme to be provided under paragraph (2)(a).

(2) The licensed activities, or any phase of those activities, shall not commence until a Code of Construction Practice incorporating the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO-

(a)a construction and monitoring programme to include details of-

(i)the proposed construction start date;

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

(iii)proposed pre-construction surveys, baseline report format and content, construction monitoring, post construction monitoring and related reporting in accordance with licence conditions 18 to 20. The pre-construction survey programme and all pre-construction survey methodologies shall be submitted to the MMO at least four months prior to the commencement of any survey works detailed within;

(b)a construction method statement in accordance with the project description and Environmental Statement and including details of-

(i)foundation installation, including any seabed preparation, drilling and disposal of arisings methods;

(ii)turbine installation, including any seabed preparation and scour protection;

(iii)installation of any offshore accommodation platform, including any seabed preparation and scour protection;

(iv)circuit installation, including any seabed preparation and circuit protection;

(v)contractors;

(vi)vessels; and

(vii)associated works;

(c)a project environmental management and monitoring plan to include details of-

(i)a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised scheme in relation to all activities carried out below MHWS;

(ii)a chemical risk analysis to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

(iii)waste management and disposal arrangements;

(iv)offshore project maintenance plans including offshore electrical circuit maintenance;

(v)locations of any archaeological exclusion zones agreed as part of the written scheme of archaeological investigation approved under sub-paragraph (g);

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

(vii)a disposal plan detailing the locations, methods and timings of dredging and disposal, as well as disposal site monitoring requirements;

(d)a scour protection management and cable armouring plan providing details of the need, type, sources, quantity, location and installation methods for scour protection and cable armouring to be within the scope of the environmental impact assessment recorded in the Environmental Statement;

(e)in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol following current best practice as advised by the statutory nature conservation agencies, to include, but not be limited to-

(i)identification of a Marine Mammal Monitoring Zone (MMMZ);

(ii)appointment of an appropriate number of suitably qualified marine mammal observer(s);

(iii)methods for the detection of marine mammals within the MMMZ whether visually (by the marine mammal observer(s)) or acoustically using Passive Acoustic Monitoring equipment or other means of detection;

(iv)a reporting methodology to enable efficient communication between the marine mammal observer(s) and the person responsible for approving commencement of piling;

(v)an appropriate soft start procedure whereby piling activities do not commence until an agreed time has elapsed and during which marine mammals have not been detected within the MMMZ; and

(vi)where appropriate, methods for the application of acoustic deterrent devices;

(f)cable specification and installation plan, to include-

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

(ii)a detailed cable laying plan, including geotechnical data, cable laying techniques and a cable burial risk assessment encompassing the identification of any cable protection which exceeds 5% of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5% of navigable depth is identified, details of any steps (to be determined following consultation with the MCA) to be taken to ensure existing and future safe navigation is not compromised;

(g)a written scheme of archaeological investigation in relation to Wind Farm Area 3 in accordance with industry good practice to include-

(i)details of responsibilities of the licence-holder, archaeological consultant and contractor;

(ii)a methodology for any further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

(iii)analysis and reporting of survey data to be submitted to the MMO within four months of survey completion;

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

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

(vi)archiving of archaeological material; and

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

(h)a marine mammal monitoring plan setting out the circumstances in which marine mammal monitoring will be required and the monitoring to be carried out in such circumstances; and

(i)an offshore project maintenance plan to be submitted to the MMO at least four months prior to commencement of the operation of the licensed activities and to include provision for the review and resubmission of the plan every three years during the operational phase.

(3) Prior to the submission of the pre-construction plans and documentation required by this condition the licence-holder must provide a copy of the plans and documentation to the other undertakers listed in Article 3 of the Order.

(4) The other undertakers must provide any comments on the plans and documentation to the licence-holder within 14 days of receipt of the plans and documentation.

(5) The licence-holder shall participate in liaison meetings with other undertakers listed in Article 3 of the Order as requested from time to time by the MMO in writing in advance, which meetings shall be chaired by the MMO and shall consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence where it has an impact on the efficient operation of any other deemed marine licence issued under the Order (including as varied or transferred).

(6) Prior to giving its approval under paragraph (2), the MMO must-

(a)in relation to any programme, statement, plan or protocol submitted under sub-paragraphs (a) to (e) or (h), consult with the relevant statutory nature conservation body;

(b)in relation to a scheme submitted under sub-paragraph (g), consult with English Heritage.

14.  The licence-holder shall ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting an English Heritage OASIS form with a digital copy of the report.

15.  (1)  Each programme, statement, plan, protocol or scheme required to be approved under condition 13-

(a)shall be submitted for approval at least four months prior to the intended start of construction, except where otherwise stated or where an alternative date is agreed in writing by the MMO; and

(b)shall be accompanied by-

(i)a statement confirming that the licence-holder has complied with condition 13(3) in relation to such programme, statement, plan, protocol or scheme; and

(ii)any comments received by the licence-holder under condition 13(4), or a statement from the licence-holder confirming that no such comments were received.

(2) The licence-holder shall comply with all documents approved under licence condition 13 in carrying out the licensed activities except to the extent agreed in writing by the MMO.

(3) Prior to agreeing an alternative date under paragraph (1)(a) or a change to approved details under paragraph (2) relating to any document in respect of which consultation is required under condition 13(6), the MMO must consult with the relevant consultation body referred to in that condition.

Reporting of engaged agents, contractors and vessels

16.  (1)  The licence-holder shall provide the following information to the MMO-

(a)the name and function of any agent or contractor appointed to engage in the licensed activities at least five working days prior to the commencement of the licensed activities or any part of them; and

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

(2) Any changes to the supplied details must be notified to the MMO and MMO Coastal Office in writing prior to the agent, contractor or vessel engaging in the licensed activities. All agents, contractors and/or vessel operators will abide by the conditions set out in this licence.

Equipment and Operation of Vessels Engaged in Licensed Activities

17.  (1)  All vessels employed to perform the licensed activities shall be constructed and equipped to be capable of the proper performance of such activities in accordance with the conditions of this licence and shall comply with paragraphs (2) to (6).

(2) All motor powered vehicles must be fitted with-

(a)electronic positioning aid to provide navigational data;

(b)radar;

(c)echo sounder; and

(d)multi-channel VHF.

(3) No radio beacon or radar beacon operating on the marine frequency bands shall be installed or used without the prior written approval of the Secretary of State.

(4) All vessels' names or identification shall be clearly marked on the hull or superstructure of the vessel.

(5) All communication on VHF working frequencies shall be in English.

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

Pre-construction monitoring and surveys

18.  (1)  The licence-holder must, when submitting details under condition 13(2)(a)-

(a)in relation to the proposed pre-construction surveys, include methodologies and timings, and specify each survey's objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position and/or will enable the validation or otherwise of key predictions in the Environmental Statement; and

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

(2) Subject to receipt from the licence-holder of specific proposals pursuant to this condition, it is expected that the pre-construction surveys will comprise, in outline-

(a)a high resolution swath bathymetric survey to include a 100% coverage and a side scan sonar survey of the part(s) of Wind Farm Area 3 in which it is proposed to carry out construction works and disposal activities under this licence, including a 500m buffer around the site of each works;

(b)a survey of existing ornithological activity covering the part(s) of Wind Farm Area 3 within which it is proposed to carry out construction works under this licence, and any wider area(s) where appropriate, which is required to test predictions in the Environmental Statement concerning key ornithological interests of relevance to the authorised scheme;

(c)a survey to determine the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance in the part(s) of Wind Farm Area 3 in which it is proposed to carry out construction works under this licence; and

(d)any marine mammal monitoring required by the marine mammal monitoring plan submitted in accordance with condition 13(2)(h).

Construction monitoring

19.  (1)  The licence-holder must, when submitting details of proposed construction monitoring under condition 13(2)(a), include methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey's objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the Environmental Statement.

(2) Subject to receipt from the licence-holder of specific proposals pursuant to this condition, it is expected that the construction monitoring will comprise, in outline-

(a)except to the extent agreed in writing by the MMO, measurements of noise generated by the installation of the first four foundations of each discrete foundation type to be constructed under this licence where driven or part-driven pile foundations are used; and

(b)recording of any visual sightings or acoustic detection of marine mammals where required as part of the marine mammal mitigation protocol under condition 13(2)(e).

(3) The results of the initial noise measurements monitored in accordance with paragraph (2)(a) must be provided to the MMO within six weeks of the installation of the first four foundations of each discrete foundation type. The assessment of this report by the MMO shall determine whether any further noise monitoring is required.

(4) Construction monitoring shall include vessel traffic monitoring by Automatic Identification System for the duration of the construction period. A report will be submitted to the MMO and the MCA at the end of each year of the construction period.

Post construction

20.  (1)  The licence-holder must, when submitting details of proposed post-construction surveys under condition 13(2)(a), include methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals shall specify each survey's objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the Environmental Statement.

(2) Subject to receipt of specific proposals, it is expected that the post-construction surveys will comprise, in outline-

(a)an ornithological survey covering the part(s) of Wind Farm Area 3 within which construction works were carried out under this licence, and any wider area(s) where appropriate, which is required to test predictions in the Environmental Statement concerning key ornithological interests of relevance to the authorised scheme;

(b)a high resolution swath bathymetric survey of the following to assess any changes in bedform morphology-

(i)a representative sample area, to be agreed in writing with the MMO, of the part(s) of Wind Farm Area 3 within which construction works and disposal activities were carried out under this licence, and such further monitoring as may be required to ensure that the cables have been buried or protected; and

(ii)an area not to exceed 125 per cent of the predicted scour area around a selection of turbines, such selection to be based on the desk based assessment;

(c)a survey to determine any change in the location, extent and composition of any benthic habitats of conservation, ecological and/or economic importance identified in the pre-construction survey in the part(s) of Wind Farm Area 3 in which construction works were carried out. The survey design will be informed by the results of the pre-construction benthic survey;

(d)vessel traffic monitoring by Automatic Identification System, for 28 days taking account seasonal variations in traffic patterns, for a maximum duration of one year post construction. A report will be submitted to the MMO and the MCA at the end of the first year after construction is completed; and

(e)any marine mammal monitoring required by the marine mammal monitoring plan submitted in accordance with condition 13(2)(h).

(3) Prior to carrying out the survey required under paragraph (2)(b), the licence-holder must submit to the MMO for written approval a desk based assessment (which takes account of all factors which influence scour) identifying the turbines with greatest potential for scour. The survey will be used to validate the desk based assessment and the significance of any differences between the predicted scour and recorded scour will be assessed in the survey report which will be submitted to the MMO. The need for further surveys will be agreed in writing with the MMO following submission of the first year of survey data.

Amendments to details

21.  (1)  With respect to any condition of this licence which requires the licensed activities to be carried out in accordance with the plans and programmes approved by the MMO, the approved plans and programmes shall be taken to include any amendments that may subsequently be approved in writing by the MMO.

(2) Where the words ‘except to the extent agreed in writing by the MMO' appear in these licence conditions, any such agreement or statement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of MMO that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

Offshore Decommissioning

22.  No decommissioning activities shall commence until plans for the carrying out of such activities have been submitted to and approved in writing by the MMO.

Article 35

SCHEDULE 11Deemed Marine Licences under the Marine and Coastal Access Act 2009 – Deemed Marine Licence 4

PART 1Licensed marine activities

Interpretation

1.  (1)  In this licence-

"the 2008 Act" means the Planning Act 2008;

"the 2009 Act" means the Marine and Coastal Access Act 2009;

"ancillary vessel" means any vessel other than a construction vessel or a survey vessel;

"ancillary works" means the ancillary works described in paragraph 2 of this Part of this licence which are not development within the meaning of section 32 of the 2008 Act;

"Annex I Habitat" means such habitat as defined under the EU Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora;

"authorised development" means the development described in Part 1 of Schedule 1 of the Order, which is development within the meaning of section 32 of the 2008 Act;

"authorised project" means the authorised development and the ancillary works authorised by the Order;

"authorised scheme" means Works Nos. 4 to 7 described in paragraph 2 of Part 1 of this licence;

"Cefas" means the Centre for Environment, Fisheries and Aquaculture Science or any replacement body;

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

"construction vessel" means any vessel involved in the course of or used for the construction and/or maintenance of the authorised project;

"debris" means items or equipment of a significant size left on the seabed being lost from survey or construction vessels;

"electrical circuit" means a number of electrical conductors necessary to transmit electricity between two points within the authorised project; this comprises, in the case of HVAC transmission, three conductors which may be bundled as one cable, and, in the case of HVDC transmission two conductors, which may be attached together or take the form of single cables: the circuit may include one or more auxiliary cables (normally fibre optic cables) for the purpose of control, monitoring, protection or general communications;

"enforcement officer" means a person authorised to carry out enforcement duties under Part 4, Chapter 3 of the 2009 Act;

"the Environmental Statement" means the document certified as the environmental statement by the Secretary of State for the purposes of the Order;

"gravity base foundation" means either-

"high tide" means the state of the tide when it reaches its highest level during a tidal cycle, as may be published from time to time on the United Kingdom Hydrograph Office Admiralty EasyTide Website, or such other publication as may be approved by the MMO;

"HVAC" means high voltage alternating current;

"HVDC" means high voltage direct current;

"the intertidal area" means the area between mean high water springs and mean low water springs;

"the intertidal works plans" means the part of the works plans described as the intertidal works plans;

"jacket foundation" means a lattice construction comprising tubular members and joints which are fixed to the seabed with piles (either driven/drilled piles or suction piles) and which will include platforms and J-tubes and may include braced monopiles and a transition piece;

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

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

"the licence conditions" means the conditions set out in Part 2 of this licence;

"licence-holder" means Heron Wind Limited.;

"maintain" includes, to the extent assessed in the environmental statement-

but does not include the alteration, removal or replacement of foundations; and "maintenance" shall be construed accordingly;

"major storm event" means a greater than one in ten year wave event within the offshore Order limits seaward of MHWS in terms of wave height, measured by reference to the height of waves recorded at the nearest wave buoy to the authorised scheme as agreed with the MMO, and the WaveNet data published by Cefas, or such other means of measurement as may be agreed with the MMO;

"the Marine Management Organisation" or "MMO" means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence or any successor to its statutory functions;

"the Maritime and Coastguard Agency" or "MCA" means the executive agency of the Department for Transport or any successor to its statutory functions;

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

"mean low water springs" or "MLWS" means the lowest level which spring tides reach on average over a period of time;

"monopile foundation" comprises a large diameter steel or concrete tube or pile driven vertically into the seabed, J-tubes and platforms and may include external structural devices such as bracing members or steel anchor wires and a transition piece;

"Natural England" means the body established by section 1 of the Natural Environment and Rural Communities Act 2006 or any successor to its statutory functions;

"Notice to Mariners" includes any Notice to Mariners which may be issued by Admiralty, Trinity House, Queen's harbourmasters, government departments and harbour and pilotage authorities;

"offshore accommodation platform" means a platform housing or incorporating temporary accommodation, landing ports for vessels and/or helicopters, standby electricity generation equipment, marking and lighting and other equipment facilities to assist in the co-ordination of marine activities related to the authorised scheme;

"offshore HVAC collector substation" means a structure serving as a collection point for the inter-array electrical circuits and containing equipment with the purpose of transforming the electricity generated at the wind turbines to a higher voltage; it may also include a helicopter platform;

"offshore HVDC converter station" means a structure which contains equipment to convert HVAC electricity to HVDC electricity; it may also include a helicopter platform;

"offshore Order limits" means the limits shown on the offshore works plans and the intertidal works plans within which the authorised scheme may be carried out, whose grid coordinates are set out in paragraph 2(2)of this licence;

"offshore reactive compensation substation" means a structure housing electrical reactors for the purpose of limiting electrical losses in the course of HVAC transmission by providing reactive compensation; it may also include a helicopter platform;

"the offshore works plans" means the part of the works plans described as the offshore works plans;

"the Order limits" means the limits shown on the works plans within which the authorised project may be carried out;

"the Order" means the Hornsea One Offshore Wind Farm Order 2014;

"the project description" means the document certified as the project description by the Secretary of State for the purposes of the Order and submitted with the application on 30th July 2013 (Chapter Three, Volume One of the Environmental Statement);

"suction pile" means a large diameter steel cylinder which is fixed to the base of the foundation and partially penetrates the seabed and remains in place using its weight and hydrostatic pressure differential;

"survey vessels" means the vessels licensed to carry out environmental or engineering surveys;

"Trinity House" means the Corporation of Trinity House of Deptford Strond;

"the UK Hydrographic Office" means the Hydrographic Office of the Ministry of Defence, Taunton, Somerset TA1 2DN or any replacement body or successor to its functions;

"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 and including ancillary vessels and construction vessels;

"VHF" means very high frequency;

"Wind Farm Area 1" means the area within the limits of deviation for Work No. 1 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"Wind Farm Area 2" means the area within the limits of deviation for Work No. 2 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"Wind Farm Area 3" means the area within the limits of deviation for Work No. 3 of which the co-ordinates are specified in Part 1 of Schedule 1 of the Order and shown on the works plans;

"wind turbine generator" or "wind turbine" means a structure comprising any or all of a tower, rotor, blades, nacelle and ancillary electrical and other equipment or structures which may include lighting and a helicopter platform, fixed to a foundation;

"working day" means any day other than a Saturday, Sunday or public holiday in England and Wales;

"Work No. 1" means an offshore wind generating station within Wind Farm Area 1 and described as Work No. 1 in Part 1 of Schedule 1 of the Order;

"Work No. 2" means an offshore wind generating station within Wind Farm Area 2 and described as Work No. 2 in Part 1 of Schedule 1 of the Order;

"Work No. 3" means an offshore wind generating station within Wind Farm Area 3 and described as Work No. 3 in Part 1 of Schedule 1 of the Order;

"Work No. 8" means up to four underground electrical circuit transition joint bays in the vicinity of Horseshoe Point in the parish of North Coates in the County of Lincolnshire, housing the connections between the offshore and the onshore electrical circuits;

"the works plans" means the plans certified as the works plans by the Secretary of State for the purposes of the Order divided into three parts and described as the offshore works plans, the intertidal works plans and the onshore works plans.

(2) References to Works No.4 to 7 are to the works described in paragraph 2 of Part 1 of this licence.

(3) A reference to any statute, order, regulation or similar instrument shall be construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(4) Unless otherwise indicated-

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

(b)all co-ordinates shall be taken to be latitude and longitude degrees, minutes and seconds to three decimal places in WGS84 Datum.

(5) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence shall be-

(a)Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032

Email: [email protected]

(b)Marine Management Organisation (referred to as the "MMO Coastal Office")

Estuary House

Wharncliffe Road

Grimsby

Lincolnshire

DN31 3QL

Tel: 01472 355 112

(c)Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900

(d)The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900

(e)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton

SO15 1EG