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The Hornsea Four Offshore Wind Farm Order 2023

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent etc. granted by this Order

    2. 4.Power to maintain the authorised project

    3. 5.Benefit of the Order

    4. 6.Application and modification of legislative provisions

    5. 7.Defence to proceedings in respect of statutory nuisance

  4. PART 3 STREETS

    1. 8.Street works

    2. 9.Application of the 1991 Act

    3. 10.Temporary closure and restriction of streets and public rights of way

    4. 11.Closure and diversion of public rights of way and access land

    5. 12.Access to works

    6. 13.Agreements with street authorities

    7. 14.Power to alter layout etc. of streets

  5. PART 4 SUPPLEMENTAL POWERS

    1. 15.Discharge of water

    2. 16.Protective work to buildings

    3. 17.Authority to survey and investigate the land onshore

  6. PART 5 POWERS OF ACQUISITION

    1. 18.Compulsory acquisition of land

    2. 19.Compulsory acquisition of land: minerals

    3. 20.Time limit for exercise of authority to acquire land compulsorily

    4. 21.Compulsory acquisition of rights etc.

    5. 22.Private Rights

    6. 23.Application of the 1981 Act

    7. 24.Statutory authority to override easements and other rights

    8. 25.Acquisition of subsoil only

    9. 26.Modification of Part 1 of the 1965 Act

    10. 27.Rights under or over streets

    11. 28.Temporary use of land for carrying out the authorised project

    12. 29.Temporary use of land for maintaining the authorised project

    13. 30.Statutory undertakers

    14. 31.Recovery of costs of new connections

  7. PART 6 OPERATIONS

    1. 32.Operation of generating station

    2. 33.Deemed marine licences under the 2009 Act

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 34.Application of landlord and tenant law

    2. 35.Operational land for purposes of the 1990 Act

    3. 36.Felling or lopping of trees and removal of hedgerows

    4. 37.Trees subject to tree preservation orders

    5. 38.Certification of plans and documents, etc.

    6. 39.Arbitration

    7. 40.Requirements, appeals, etc.

    8. 41.Abatement of works abandoned or decayed

    9. 42.Saving provisions for Trinity House

    10. 43.Crown rights

    11. 44.Protective provisions

    12. 45.Funding

    13. 46.Amendment and modification of statutory provisions

    14. 47.Service of notices

    15. 48.Modification of Section 106 agreements relating to land

    16. 49.Compensation provisions

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED PROJECT

      1. PART 1 AUTHORISED DEVELOPMENT

        1. 1.A nationally significant infrastructure project as defined in sections 14...

        2. 2.The grid coordinates for that part of the authorised project...

      2. PART 2 ANCILLARY WORKS

        1. 1.Works within the Order limits which have been subject to...

      3. PART 3 REQUIREMENTS

        1. 1.Time limits

        2. 2.Detailed offshore design parameters

        3. 3.(1) The total number of offshore electrical installations and offshore...

        4. 4.The total volume of scour protection for wind turbine generators,...

        5. 5.(1) The number of cable circuits must not exceed six....

        6. 6.Biodiversity net gain

        7. 7.Detailed design approval onshore

        8. 8.Provision of landscaping

        9. 9.Implementation and maintenance of landscaping

        10. 10.Ecological management plan

        11. 11.Highway accesses

        12. 12.Fencing and other means of permanent enclosure

        13. 13.Temporary fencing and other temporary means of enclosure

        14. 14.Surface and foul water drainage

        15. 15.Contaminated land and groundwater scheme

        16. 16.Surface water

        17. 17.Onshore archaeology

        18. 18.Code of construction practice

        19. 19.Construction traffic management plan

        20. 20.European protected species onshore

        21. 21.Restoration of land used temporarily for construction

        22. 22.Control of noise during operational phase

        23. 23.Enhancement strategy

        24. 24.Ministry of Defence radar mitigation

        25. 25.Onshore decommissioning

        26. 26.Employment and skills plan

        27. 27.Energy balancing infrastructure safety management

        28. 28.Stages of authorised development

        29. 29.Claxby Radar Mitigation

        30. 30.Requirement for written approval

        31. 31.Amendments to approved details

      4. PART 4 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 1.Interpretation

        2. 2.Applications made under requirements

        3. 3.Further information regarding requirements

        4. 4.Appeals

    2. SCHEDULE 2

      STREETS SUBJECT TO STREET WORKS

    3. SCHEDULE 3

      STREETS TO BE TEMPORARILY CLOSED OR RESTRICTED

    4. SCHEDULE 4

      PUBLIC RIGHTS OF WAY TO BE CLOSED OR DIVERTED AND ACCESS LAND

      1. PART 1 PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

      2. PART 2 PUBLIC RIGHTS OF WAY TO BE PERMANENTLY DIVERTED

      3. PART 3 PUBLIC RIGHTS OF WAY TO BE TEMPORARILY DIVERTED

      4. PART 4 ACCESS LAND WHERE PUBLIC RIGHTS OF WAY MAY BE TEMPORARILY SUSPENDED

    5. SCHEDULE 5

      ACCESS TO WORKS

    6. SCHEDULE 6

      LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

    7. SCHEDULE 7

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. 1.The enactments for the time being in force with respect...

      2. 2.(1) Without limitation on the scope of paragraph 1, the...

      3. 3.(1) Without limitation to the scope of paragraph 1, the...

      4. 4.Application of Part 1 of the 1965 Act

      5. 5.For section 7 (measure of compensation in the case of...

      6. 6.The following provisions of the 1965 Act (which state the...

      7. 7.Section 11 (powers of entry) of the 1965 Act is...

      8. 8.Section 20 (tenants at will, etc.) of the 1965 Act...

      9. 9.Section 22 (interest omitted from purchase) of the 1965 Act...

      10. 10.For Schedule 2A to the 1965 Act substitute— SCHEDULE 2A...

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

      1. PART 1 PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 1.Application

        2. 2.In this Part of this Schedule— “affected undertaker” means— any...

        3. 3.Precedence of the 1991 Act in respect of apparatus in the streets

        4. 4.No acquisition etc. except by agreement

        5. 5.Removal of apparatus

        6. 6.Facilities and rights for alternative apparatus

        7. 7.Retained apparatus

        8. 8.(1) Subject to the following provisions of this paragraph, the...

        9. 9.Expenses and costs

        10. 10.Nothing in this Part of this Schedule affects the provisions...

      2. PART 2 PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 1.For the protection of any operator, the following provisions, unless...

        2. 2.In this Part of this Schedule— “conduit system” has the...

        3. 3.The exercise of the powers of article 30 (statutory undertakers)...

        4. 4.(1) Subject to sub-paragraphs (2) to (4), if as the...

        5. 5.This Part of this Schedule does not apply to—

        6. 6.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER AND NATIONAL GRID GAS PLC AS GAS UNDERTAKER

        1. PART 3A - NATIONAL GRID ELECTRICITY TRANSMISSION PLC

          1. 1.Application

          2. 2.Interpretation

          3. 3.Except for paragraphs 4 (apparatus of National Grid in streets...

          4. 4.Apparatus of National Grid in streets subject to temporary closure

          5. 5.Protective works to buildings

          6. 6.Acquisition of land

          7. 7.Removal of apparatus

          8. 8.Facilities and rights for alternative apparatus

          9. 9.Retained apparatus: Protection of National Grid as Electricity Undertaker

          10. 10.Expenses

          11. 11.Indemnity

          12. 12.Enactments and agreements

          13. 13.Co-operation

          14. 14.Access

          15. 15.Arbitration

          16. 16.Notices

        2. PART 3B - NATIONAL GRID GAS PLC

          1. 17.Application

          2. 18.Interpretation

          3. 19.Except for paragraphs 20 (apparatus of National Grid in streets...

          4. 20.Apparatus of National Grid in streets subject to temporary closure

          5. 21.Protective works to buildings

          6. 22.Acquisition of land

          7. 23.Removal of apparatus

          8. 24.Facilities and rights for alternative apparatus

          9. 25.Retained apparatus: protection of National Grid as Gas Undertaker

          10. 26.Expenses

          11. 27.Indemnity

          12. 28.Enactments and agreements

          13. 29.Co-operation

          14. 30.Access

          15. 31.Arbitration

          16. 32.Notices

      4. PART 4 PROTECTION OF RAILWAY INTERESTS

        1. 1.The provisions of this Part of this Schedule have effect,...

        2. 2.In this Part of this Schedule— “asset protection agreement” means...

        3. 3.(1) Where under this Part of this Schedule Network Rail...

        4. 4.(1) The undertaker must not exercise the powers conferred by—...

        5. 5.(1) The undertaker must not submit the construction traffic management...

        6. 6.(1) The undertaker must before commencing construction of any specified...

        7. 7.(1) Any specified work and any protective works to be...

        8. 8.The undertaker must— (a) at all times afford reasonable facilities...

        9. 9.Network Rail must at all times afford reasonable facilities to...

        10. 10.(1) If any permanent or temporary alterations or additions to...

        11. 11.The undertaker must repay to Network Rail all reasonable fees,...

        12. 12.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        13. 13.If at any time after the completion of a specified...

        14. 14.The undertaker must not provide any illumination or illuminated sign...

        15. 15.Any additional expenses which Network Rail may reasonably incur in...

        16. 16.(1) The undertaker must pay to Network Rail all reasonable...

        17. 17.Network Rail must, on receipt of a request from the...

        18. 18.In the assessment of any sums payable to Network Rail...

        19. 19.The undertaker and Network Rail may, subject in the case...

        20. 20.Nothing in this Order, or in any enactment incorporated with...

        21. 21.The undertaker must give written notice to Network Rail if...

        22. 22.The undertaker must no later than 28 days from the...

        23. 23.In relation to any dispute arising under this Part of...

      5. PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 1.(1) The following provisions shall apply for the protection of...

        2. 2.(1) Before beginning to construct any specified work, the undertaker...

        3. 3.Without limiting paragraph 2, the requirements which the Agency may...

        4. 4.(1) Subject to sub-paragraph (2), any specified work, and all...

        5. 5.(1) Subject to sub-paragraph (6) the undertaker must from the...

        6. 6.Subject to paragraph 9, if by reason of the construction...

        7. 7.If by reason of construction of the specified work the...

        8. 8.(1) The undertaker must take all such measures as may...

        9. 9.The undertaker shall indemnify the Agency in respect of all...

        10. 10.(1) The undertaker is responsible for and shall indemnify the...

        11. 11.Any dispute arising between the undertaker and the Agency under...

      6. PART 6 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

        1. 1.The provisions of this Part have effect for the protection...

        2. 2.In this Part of this Schedule— “construction” includes execution, placing,...

        3. 3.(1) Before commencing construction of a specified work, the undertaker...

        4. 4.Without limiting paragraph 3, the requirements which the drainage authority...

        5. 5.(1) Subject to sub–paragraph (2), any specified work, and all...

        6. 6.(1) Subject to sub–paragraph (5), the undertaker must from the...

        7. 7.Subject to paragraphs 9 and 10 and paragraph 6(5)(b), if...

        8. 8.If by reason of the construction of the specified work...

        9. 9.The undertaker must make reasonable compensation for costs, charges and...

        10. 10.(1) The undertaker must make reasonable compensation for costs and...

        11. 11.The fact that any work or thing has been executed...

        12. 12.Any dispute arising between the undertaker and the drainage authority...

      7. PART 7 FOR THE PROTECTION OF DOGGERBANK OFFSHORE WIND FARM PROJECT 1 PROJCO LIMITED AND DOGGERBANK OFFSHORE WIND FARM PROJECT 2 PROJCO LIMITED

        1. 1.For the protection of Doggerbank Offshore Wind Farm Project 1...

        2. 2.Part 1 of Schedule 9 shall not apply in respect...

        3. 3.In this Part of this Schedule— “acceptable insurance” means a...

        4. 4.Regulation of powers over the Hornsea Four Order land

        5. 5.Co-operation during construction

        6. 6.(1) Wherever in this Part of this Schedule provision is...

        7. 7.Insofar as the construction of the Hornsea Four authorised development...

        8. 8.Insofar as the construction of the Hornsea Four authorised development...

        9. 9.Protection of Dogger Bank

        10. 10.Expenses

        11. 11.Indemnity

        12. 12.Arbitration

        13. 13.Access

      8. PART 8 FOR THE PROTECTION OF NEO ENERGY (SNS) LIMITED

        1. 1.Application

        2. 2.In the event that the licence is terminated and no...

        3. 3.Interpretation

        4. 4.Restriction on authorised development

        5. 5.Provision of information

        6. 6.Compensation

      9. PART 9 FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC

        1. 1.Application

        2. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 3.Precedence of the 1991 Act in respect of apparatus in the streets

        4. 4.No acquisition etc. except by agreement

        5. 5.Removal of apparatus

        6. 6.Facilities and rights for alternative apparatus

        7. 7.Retained apparatus

        8. 8.(1) Save where otherwise agreed in writing between Northern Powergrid...

        9. 9.Expenses and costs

        10. 10.Nothing in this Part of this Schedule affects the provisions...

        11. 11.Co-operation

        12. 12.Access

        13. 13.Notices

      10. PART 10 FOR THE PROTECTION OF THE KUMATAGE FIELD

        1. 1.Application

        2. 2.In the event that— (a) no licence is grantedunder the...

        3. 3.Interpretation

        4. 4.Protected area

        5. 5.No later than 6 months after the coming into force...

        6. 6.Line of orientation

        7. 7.Crossing and proximity

      11. PART 11 FOR THE PROTECTION OF HARBOUR ENERGY LIMITED, PERENCO UK LIMITED, PREMIER OIL E&P UK EU LIMITED, DANA PETROLEUM (E&P) LIMITED AND DANA PETROLEUM LIMITED

        1. 1.Application

        2. 2.Interpretation

        3. 3.Restriction on authorised development

        4. 4.In the event the licensee’s works commence prior to the...

        5. 5.Coexistence and proximity agreement

        6. 6.Provision of information

        7. 7.Compensation

        8. 8.Nothing in this Part of this Schedule shall affect any...

        9. 9.Arbitration

    10. SCHEDULE 10

      HEDGEROWS

      1. PART 1 REMOVAL OF HEDGEROWS

      2. PART 2 REMOVAL OF IMPORTANT HEDGEROWS

    11. SCHEDULE 11

      DEEMED MARINE LICENCE UNDER THE 2009 ACT - GENERATION ASSETS

      1. PART 1 LICENSED MARINE ACTIVITIES

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.Details of licensed marine activities

        3. 3.Such activities described in paragraph 2 are authorised in relation...

        4. 4.The substances or articles authorised for deposit at sea are—...

        5. 5.The grid coordinates for that part of the authorised development...

        6. 6.General provisions

        7. 7.The provisions of section 72 (variation, suspension, revocation and transfer)...

        8. 8.With respect to any condition which requires the licensed activities...

        9. 9.Any amendments to or variations from the approved details, plan...

      2. PART 2 CONDITIONS

        1. 1.Design parameters

        2. 2.(1) The total number of offshore accommodation platforms forming part...

        3. 3.(1) The total length of the cables in Work No....

        4. 4.Maintenance of the authorised development

        5. 5.Vessels under the undertaker’s control

        6. 6.Extension of time periods

        7. 7.Notifications and inspections

        8. 8.Aids to navigation

        9. 9.Colouring of structures

        10. 10.Aviation safety

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.(1) Except where otherwise stated or agreed in writing with...

        15. 15.Offshore safety management

        16. 16.Reporting of engaged agents, contractors and vessels

        17. 17.Pre-construction monitoring and surveys

        18. 18.Construction monitoring

        19. 19.Post-construction monitoring

        20. 20.Timing of monitoring report

        21. 21.Reporting of impact pile driving

        22. 22.Maintenance reporting

        23. 23.Stages of construction

        24. 24.Completion of construction

        25. 25.The undertaker must submit a close out report to the...

        26. 26.Deployment of cable protection

        27. 27.Southern North Sea Special Area of Conservation Site Integrity Plan

    12. SCHEDULE 12

      DEEMED MARINE LICENCE UNDER THE 2009 ACT – TRANSMISSION ASSETS

      1. PART 1 LICENSED MARINE ACTIVITIES

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.Details of licensed marine activities

        3. 3.Such activities are authorised in relation to the construction, maintenance...

        4. 4.The substances or articles authorised for deposit at sea are—...

        5. 5.The grid coordinates for that part of the authorised development...

        6. 6.General provisions

        7. 7.The provisions of section 72 (variation, suspension, revocation and transfer)...

        8. 8.With respect to any condition which requires the licensed activities...

        9. 9.Any amendments to or variations from the approved details, plan...

      2. PART 2 CONDITIONS

        1. 1.Design parameters

        2. 2.The total length of the cables and the volume of...

        3. 3.(1) The total length of the cables in Work No....

        4. 4.Maintenance of the authorised development

        5. 5.Vessels under the undertaker’s control

        6. 6.Extension of time periods

        7. 7.Notifications and inspections

        8. 8.Aids to navigation

        9. 9.Colouring of structures

        10. 10.Aviation safety

        11. 11.Chemicals, drilling and debris

        12. 12.Force majeure

        13. 13.Pre-construction plans and documentation

        14. 14.(1) Except where otherwise stated or agreed in writing with...

        15. 15.Offshore safety management

        16. 16.Reporting of engaged agents, contractors and vessels

        17. 17.Pre-construction monitoring and surveys

        18. 18.Construction monitoring

        19. 19.Post-construction monitoring

        20. 20.Timing of monitoring report

        21. 21.Reporting of impact pile driving

        22. 22.HVAC booster station lighting plan

        23. 23.Piling restriction

        24. 24.Maintenance reporting

        25. 25.Stages of construction

        26. 26.Completion of construction

        27. 27.Deployment of cable protection

        28. 28.Southern North Sea Special Area of Conservation Site Integrity Plan

    13. SCHEDULE 13

      MODIFICATIONS TO AND AMENDMENTS OF THE DOGGER BANK CREYKE BECK OFFSHORE WIND FARM ORDER 2015

      1. 1.Schedule 12 to the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

    14. SCHEDULE 14

      ARBITRATION RULES

      1. 1.Primary objective

      2. 2.Time periods

      3. 3.Timetable

      4. 4.Procedure

      5. 5.Arbitrator’s powers

      6. 6.Costs

      7. 7.Confidentiality

    15. SCHEDULE 15

      DOCUMENTS TO BE CERTIFIED

      1. PART 1 DOCUMENTS FORMING THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED

      2. PART 2 EXAMINATION DOCUMENTS FORMING PART OF THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED

      3. PART 3 OTHER DOCUMENTS TO BE CERTIFIED

    16. SCHEDULE 16

      COMPENSATION TO PROTECT THE COHERENCE OF THE NATIONAL SITE NETWORK

      1. PART 1 OFFSHORE ORNITHOLOGY ENGAGEMENT GROUP

        1. 1.In this Schedule— “the FFC” means the site designated as...

        2. 2.Work Nos. 1, 2, 3, 4 and 5 together with...

      2. PART 2 KITTIWAKE COMPENSATION

        1. 3.Following consultation with the H4 OOEG, the KCIMP must be...

        2. 4.The undertaker must implement the measures set out in the...

        3. 5.The undertaker must notify the Secretary of State of completion...

        4. 6.Results from the monitoring scheme must be submitted at least...

        5. 7.The artificial nesting structure must not be decommissioned without prior...

        6. 8.The KCIMP approved under this Schedule includes any amendments that...

        7. 9.In the event of any conflict between the terms of...

      3. PART 3 GUILLEMOT COMPENSATION

        1. 10.Following consultation with the H4 OOEG, the GCIMP must be...

        2. 11.The undertaker must carry out the predator eradication method and...

        3. 12.The undertaker must notify the Secretary of State of completion...

        4. 13.The GCIMP approved under this Schedule includes any amendments that...

        5. 14.In the event of any conflict between the terms of...

  11. Explanatory Note

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