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The Galloper Wind Farm Order 2013

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Article 2

SCHEDULE 1Authorised project

PART 1Authorised development

1.  A nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act on the bed of the North Sea approximately 27 kilometres off the coast of Suffolk and partly within the Renewable Energy Zone, comprising—

Work No. 1

(a)an offshore wind turbine generating station with a gross electrical output capacity of up to 504 MW comprising up to 140 wind turbine generators each fixed to the seabed by one of four foundation types (namely, monopile foundation, space frame foundation, suction monopod foundation or gravity base foundation), fitted with rotating blades and situated within one or more of array areas A to C whose coordinates are specified below, and including the further works comprising (b) to (e) below;

Coordinates for the array areas

PointLatitude (DMS)Longitude (DMS)PointLatitude (DMS)Longitude (DMS)
Area A
151° 59′ 59.611″ N1° 59′ 30.896″ E251° 59′ 30.066″ N2° 05′ 35.129″ E
351° 59′ 28.672″ N2° 05′ 37.951″ E451° 59′ 25.641″ N2° 05′ 44.985″ E
551° 59′ 22.901″ N2° 05′ 52.323″ E651° 59′ 20.463″ N2° 05′ 59.937″ E
751° 59′ 18.338″ N2° 06′ 07.792″ E851° 59′ 16.534″ N2° 06′ 15.855″ E
951° 59′ 15.059″ N2° 06′ 24.092″ E1051° 59′ 13.920″ N2° 06′ 32.467″ E
1151° 59′ 13.122″ N2° 06′ 40.945″ E1251° 59′ 12.682″ N2° 06′ 49.050″ E
1351° 59′ 12.329″ N2° 06′ 59.141″ E1451° 58′ 56.293″ N2° 07′ 50.888″ E
1551° 58′ 33.766″ N2° 08′ 44.666″ E1651° 57′ 13.719″ N2° 08′ 44. 383″ E
1751° 55′ 37.835″ N2° 08′ 14.508″ E1851° 53′ 42.962″ N2° 01′ 36.868″ E
1951° 53′ 27.719″ N2° 00′ 44.242″ E2051° 53′ 15.002″ N2° 00′ 00.138″ E
2151° 58′ 42.600″ N2° 00′ 00.138″ E2251° 58′ 42.600″ N1° 56′ 02.667″ E
Area B
151° 49′ 01.731″ N2° 01′ 29.385″ E251° 50′ 17.180″ N2° 06′ 34.867″ E
351° 45′ 40.117″ N2° 05′ 09.101″ E451° 43′ 22.529″ N1° 57′ 54.170″ E
551° 43′ 58.800″ N1° 56′ 18.600″ E651° 45′ 14.400″ N2° 00′ 00.000″ E
751° 46′ 28.672″ N2° 00′ 00.000″ E851° 48′ 39.346″ N2° 00′ 00.000″ E
951° 48′ 48.664″ N2° 00′ 36.597″ E
Area C
151° 47′ 45.600″ N1° 56′ 02.400″ E251° 45′ 58.800″ N1° 54′ 59.040″ E
351° 43′ 58.800″ N1° 56′ 18.600″ E451° 45′ 31.800″ N1° 52′ 27.415″ E
551° 46′ 51.579″ N1° 52′ 55.728″ E

(b)up to one accommodation platform fixed to the seabed by a monopile or space frame foundation within the array areas;

(c)up to one collection platform fixed to the seabed by a monopile or space frame foundation within the array areas;

(d)up to three meteorology masts fixed to the seabed by a monopile, space frame, gravity base or suction monopod foundation within the array areas;

(e)a network of cables laid within the array areas between the WTGs, the meteorology masts, any collection platform, any accommodation platform and Work No. 2, for the transmission of electricity and electronic communications between these different structures, including one or more cable crossings;

and associated development within the meaning of section 115(2) of the 2008 Act comprising—

Work No. 2 — up to three offshore substation platforms fixed to the seabed by monopile or space frame foundations within the array areas;

Work No. 3A — a grid connection or connections between the different offshore substation platforms comprising Work No. 2 and between Work No. 2 and Work No. 3B consisting of up to three cables laid along routes within the Order limits seaward of mean low water spring tides, including one or more cable crossings;

In the county of Suffolk, district of Suffolk Coastal

Work No. 3B — a grid connection consisting of up to three cables laid underground from mean low water spring tides to the south of Sizewell at reference point A to Work No. 4;

Work No. 4 — up to three transition cable jointing bays, with cables, to the south of Sizewell Gap connecting Work No. 3B to Work No. 5;

Work No. 5 — a grid connection consisting of up to nine cables laid underground from Work No. 4 to Work No. 6 running in a westerly then northerly direction and going under the unnamed road at reference point B and under Sizewell Gap at reference point C;

Work No. 6 — an electrical substation compound at Sizewell Wents approximately 10 metres west of Work No. 10 with an underground electrical connection to Work No. 10;

Work No. 7 — a screening landform adjacent to all or part of the northern, western and southern boundaries of Work No. 6;

and in connection with such Work Nos. 1 to 3A and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project and which fall within the scope of the work assessed by the environmental statement;

and in connection with such Work Nos. 3B to 7 and to the extent that they do not otherwise form part of any such work, further associated development shown on the plans referred to in the Requirements, or approved pursuant to the Requirements, including—

(a)relocation of a communications mast serving the Greater Gabbard substation to reference point H, which is currently located within the footprint of Work No. 6, and associated cabling;

(b)ramps, means of access and footpaths;

(c)bunds, embankments, swales, landscaping, fencing and boundary treatments;

(d)habitat creation;

(e)jointing bays, cable ducts, manholes and other works associated with cable laying;

(f)works for the provision of apparatus including cabling, water supply works, surface water management systems and culverting;

(g)construction lay down areas and compounds and their restoration; and

(h)such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project and which fall within the scope of the works assessed by the environmental statement.

2.  A nationally significant infrastructure project as defined in sections 14 and 16 (electric lines) of the 2008 Act comprising—

In the county of Suffolk, district of Suffolk Coastal

Work No. 8A — overhead 400 kV electric lines connecting a new sealing end compound to the extended arms of the existing pylon at reference point D;

Work No. 8B — overhead 400 kV electric lines connecting a new sealing end compound to the extended arms of the existing pylon at reference point E;

and associated development within the meaning of section 115(2) of the 2008 Act comprising—

Work No. 9A — a grid connection consisting of one or more cables laid underground from Work No. 8A in an approximately northerly then westerly direction to Work No. 10;

Work No. 9B — a grid connection consisting of one or more cables laid underground from Work No. 8B in a north westerly direction to Work No. 10;

Work No. 10 — an electrical substation compound at Sizewell Wents to the west of the existing Greater Gabbard substation;

Work No. 11 — a grid connection consisting of one or more cables laid underground from Work No. 10 in a south then easterly direction, connecting to the existing underground cable at reference point F, and a grid connection laid underground from Work No. 10 to the existing Greater Gabbard substation at reference point G;

and in connection with such Work Nos. 8A to 11 and to the extent that they do not otherwise form part of any such work, further associated development shown on the plans referred to in the Requirements, or approved pursuant to the Requirements, including—

(a)ramps, means of access and footpaths;

(b)bunds, embankments, swales, landscaping, fencing and boundary treatments;

(c)habitat creation;

(d)jointing bays, cable ducts, manholes and other works associated with cable laying;

(e)works for the provision of apparatus including cabling, water supply works, surface water management systems and culverting;

(f)construction lay down areas and compounds and their restoration; and

(g)such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project and which fall within the scope of the works assessed by the environmental statement.

3.  The grid coordinates for that part of the authorised development which is seaward of MHWS are specified below—

Coordinates for the Order limits seaward of MHWS

PointLatitude (DMS)Longitude (DMS)PointLatitude (DMS)Longitude (DMS)
152° 12′ 21.695″ N1° 37′ 21.969″ E252° 12′ 21.770″ N1° 37′ 22.834″ E
352° 12′ 38.547″ N1° 37′ 31.559″ E452° 13′ 06.787″ N1° 39′ 31.266″ E
552° 12′ 41.875″ N1° 41′ 19.072″ E652° 08′ 53.641″ N1° 43′ 50.558″ E
752° 07′ 19.811″ N1° 46′ 13.310″ E852° 06′ 47.705″ N1° 46′ 22.155″ E
952° 05′ 45.119″ N1° 47′ 48.934″ E1052° 04′ 21.240″ N1° 47′ 50.697″ E
1152° 03′ 00.375″ N1° 49′ 47.154″ E1252° 02′ 59.277″ N1° 50′ 58.902″ E
1352° 02′ 32.852″ N1° 51′ 36.901″ E1452° 01′ 50.815″ N1° 52′ 18.710″ E
1552° 01′ 30.601″ N1° 54′ 02.808″ E1652° 01′ 22.163″ N1° 54′ 18.345″ E
1752° 01′ 09.327″ N1° 54′ 17.298″ E1852° 01′ 05.147″ N1° 54′ 18.294″ E
1952° 00′ 59.527″ N1° 54′ 22.958″ E2052° 00′ 55.981″ N1° 54′ 29.281″ E
2152° 00′ 54.528″ N1° 54′ 33.851″ E2252° 00′ 53.496″ N1° 54′ 40.490″ E
2352° 00′ 52.133″ N1° 55′ 24.154″ E2451° 59′ 40.210″ N1° 58′ 21.019″ E
2551° 59′ 34.074″ N1° 58′ 21.796″ E2651° 59′ 59.611″ N1° 59′ 30.896″ E
2751° 59′ 30.066″ N2° 05′ 35.129″ E2851° 59′ 28.672″ N2° 05′ 37.951″ E
2951° 59′ 25.641″ N2° 05′ 44.985″ E3051° 59′ 22.901″ N2° 05′ 52.323″ E
3151° 59′ 20.463″ N2° 05′ 59.937″ E3251° 59′ 18.338″ N2° 06′ 07.792″ E
3351° 59′ 16.534″ N2° 06′ 15.855″ E3451° 59′ 15.059″ N2° 06′ 24.092″ E
3551° 59′ 13.920″ N2° 06′ 32.467″ E3651° 59′ 13.122″ N2° 06′ 40.945″ E
3751° 59′ 12.682″ N2° 06′ 49.050″ E3851° 59′ 12.329″ N2° 06′ 59.141″ E
3951° 58′ 56.293″ N2° 07′ 50.888″ E4051° 58′ 33.766″ N2° 08′ 44.666″ E
4151° 57′ 13.719″ N2° 08′ 44.383″ E4251° 55′ 37.835″ N2° 08′ 14.508″ E
4351° 53′ 42.962″ N2° 01′ 36.868″ E4451° 49′ 01.731″ N2° 01′ 29.385″ E
4551° 50′ 17.180″ N2° 06′ 34.867″ E4651° 45′ 40.117″ N2° 05′ 09.101″ E
4751° 43′ 22.529″ N1° 57′ 54.170″ E4851° 43′ 58.800″ N1° 56′ 18.600″ E
4951° 45′ 31.800″ N1° 52′ 27.415″ E5051° 46′ 51.579″ N1° 52′ 55.728″ E
5151° 47′ 45.600″ N1° 56′ 02.400″ E5251° 45′ 57.600″ N1° 54′ 59.040″ E
5351° 44′ 12.004″ N1° 56′ 09.764″ E5451° 44′ 03.295″ N1° 56′ 31.748″ E
5551° 45′ 14.400″ N2° 00′ 00.000″ E5651° 46′ 28.672″ N2° 00′ 00.000″ E
5751° 48′ 39.346″ N2° 00′ 00.000″ E5851° 48′ 48.664″ N2° 00′ 36.597″ E
5951° 53′ 27.719″ N2° 00′ 44.242″ E6051° 53′ 15.002″ N2° 00′ 00.138″ E
6151° 58′ 42.600″ N2° 00′ 00.138″ E6251° 58′ 42.616″ N1° 58′ 28.302″ E
6351° 58′ 42.616″ N1° 57′ 34.138″ E6451° 58′ 42.600″ N1° 56′ 02.667″ E
6551° 59′ 15.255″ N1° 57′ 30.906″ E6651° 59′ 22.686″ N1° 57′ 30.170″ E
6752° 01′ 01.179″ N1° 53′ 39.506″ E6852° 01′ 28.919″ N1° 51′ 16.683″ E
6952° 01′ 36.462″ N1° 50′ 37.798″ E7052° 02′ 03.097″ N1° 49′ 59.472″ E
7152° 04′ 08.838″ N1° 46′ 58.300″ E7252° 05′ 32.520″ N1° 46′ 56.527″ E
7352° 06′ 33.520″ N1° 45′ 32.604″ E7452° 07′ 04.673″ N1° 45′ 24.158″ E
7552° 08′ 35.786″ N1° 43′ 05.562″ E7652° 12′ 06.924″ N1° 40′ 45.328″ E
7752° 12′ 08.338″ N1° 40′ 38.374″ E7852° 12′ 09.091″ N1° 40′ 34.668″ E
7952° 12′ 10.453″ N1° 40′ 29.362″ E8052° 12′ 10.658″ N1° 40′ 28.945″ E
8152° 12′ 10.947″ N1° 40′ 27.617″ E8252° 12′ 11.334″ N1° 40′ 24.014″ E
8352° 12′ 11.585″ N1° 40′ 24.163″ E8452° 12′ 12.420″ N1° 40′ 20.735″ E
8552° 12′ 12.713″ N1° 40′ 19.698″ E8652° 12′ 12.978″ N1° 40′ 19.092″ E
8752° 12′ 13.722″ N1° 40′ 14.764″ E8852° 12′ 14.592″ N1° 40′ 11.316″ E
8952° 12′ 14.726″ N1° 40′ 09.601″ E9052° 12′ 16.655″ N1° 40′ 00.995″ E
9152° 12′ 18.548″ N1° 39′ 52.398″ E9252° 12′ 19.617″ N1° 39′ 47.867″ E
9352° 12′ 20.133″ N1° 39′ 44.145″ E9452° 12′ 21.264″ N1° 39′ 40.715″ E
9552° 12′ 22.455″ N1° 39′ 35.162″ E9652° 12′ 22.647″ N1° 39′ 34.805″ E
9752° 12′ 23.511″ N1° 39′ 30.442″ E9852° 12′ 24.413″ N1° 39′ 27.238″ E
9952° 12′ 24.629″ N1° 39′ 25.209″ E10052° 12′ 25.271″ N1° 39′ 21.684″ E
10152° 12′ 25.717″ N1° 39′ 20.525″ E10252° 12′ 26.377″ N1° 39′ 15.364″ E
10352°12′ 26.479″ N1° 39′ 14.852″ E10452° 12′ 26.591″ N1° 39′ 13.000″ E
10552° 12′ 26.726″ N1° 39′ 09.534″ E10652° 12′ 27.156″ N1° 39′ 04.787″ E
10752° 12′ 27.336″ N1° 39′ 03.952″ E10852° 12′ 27.378″ N1° 39′ 02.849″ E
10952° 12′ 27.503″ N1° 39′ 01.729″ E11052° 12′ 27.672″ N1° 38′ 59.184″ E
11152° 12′ 27.936″ N1° 38′ 56.895″ E11252° 12′ 27.980″ N1° 38′ 54.459″ E
11352° 12′ 28.226″ N1° 38′ 52.855″ E11452° 12′ 28.252″ N1° 38′ 51.642″ E
11552° 12′ 28.372″ N1° 38′ 51.228″ E11652° 12′ 28.438″ N1° 38′ 49.416″ E
11752° 12′ 28.801″ N1° 38′ 46.905″ E11852° 12′ 28.941″ N1° 38′ 44.288″ E
11952° 12′ 28.845″ N1° 38′ 39.122″ E12052° 12′ 28.858″ N1° 38′ 38.526″ E
12152° 12′ 28.608″ N1° 38′ 35.768″ E12252° 12′ 28.426″ N1° 38′ 34.235″ E
12352° 12′ 28.155″ N1° 38′ 33.195″ E12452° 12′ 27.765″ N1° 38′ 28.902″ E
12552° 12′ 27.466″ N1° 38′ 27.740″ E12652° 12′ 26.843″ N1° 38′ 23.551″ E
12752° 12′ 26.282″ N1° 38′ 18.752″ E12852° 12′ 25.310″ N1° 38′ 13.007″ E
12952° 12′ 25.249″ N1° 38′ 11.139″ E13052° 12′ 24.835″ N1° 38′ 08.881″ E
13152° 12′ 24.783″ N1° 38′ 08.123″ E13252° 12′ 24.514″ N1° 38′ 06.910″ E
13352° 12′ 24.191″ N1° 38′ 03.616″ E13452° 12′ 23.841″ N1° 38′ 01.335″ E
13552° 12′ 23.181″ N1° 37′ 57.957″ E13652° 12′ 22.595″ N1° 37′ 54.034″ E
13752° 12′ 22.177″ N1° 37′ 52.624″ E13852° 12′ 21.193″ N1° 37′ 47.365″ E
13952° 12′ 20.325″ N1° 37′ 42.850″ E14052° 12′ 19.615″ N1° 37′ 37.741″ E
14152° 12′ 19.710″ N1° 37′ 32.227″ E14252° 12′ 19.863″ N1° 37′ 28.535″ E
14352° 12′ 20.547″ N1° 37′ 22.637″ E14452° 12′ 20.572″ N1° 37′ 21.805″ E

PART 2Ancillary works

Seaward of mean low water spring tides, works comprising—

(a)temporary moorings or other means of accommodating vessels in the construction and/or maintenance of the authorised development;

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

(c)temporary works for the benefit or protection of land or structures affected by the authorised development.

PART 3Requirements

Interpretation

1.  In this Part of this Schedule—

“AIS” means automatic identification system;

“AOD” means above ordnance datum;

“the Approval Application” means the application made by the undertaker to the Secretary of State under paragraph 4;

“the Approval Notice” means the notice issued by the Secretary of State under paragraph 4;

“the CAA” means the Civil Aviation Authority constituted by the Civil Aviation Act 1982(1);

“CNIS” means Channel Navigation Information Service;

“commence” means, in relation to the authorised project, beginning to carry out any activity not comprising a material operation (as defined in section 155 of the 2008 Act), and in relation to the authorised development the carrying out of a material operation, and the words “commenced” and “commencement” shall be construed accordingly;

“connection works” means Work Nos. 3B to 7 and any further associated development in connection with those works as described in paragraph 1 of Part 1 of this Schedule;

“Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, Kingston Road, Sutton Coldfield. West Midlands B75 7RL and any successor body to its functions;

“LAT” means lowest astronomical tide;

“the Maximum WTG Number” means the number of wind turbine generators specified in the Approval Notice;

“the Minimum Clearance Level” means the minimum distance, measured in metres, between the lowest point of the rotating blade of a wind turbine generator and MHWS specified in the Approval Notice;

“Natural England” means the body established by section 1 of the Natural Environment and Rural Communities Act 2006(2) and includes any successor to its statutory functions;

“notice to mariners” includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;

“onshore works” means the connection works and the transmission works above MLWST together;

“the Percentage Reduction” means the reduction of 15.2% in the predicted mortality of lesser black-backed gulls, by restricting the number of predicted mortalities attributable to the authorised development to a maximum of 18;

“Radar” means radio detection and ranging;

“relevant works” means the connection works or the transmission works as the case may be, to the intent that the approval of details, commencement and/or completion of the works, and/or the commencement of commercial operation of the works, in relation to the connection works is not dependent on any such matter in relation to the transmission works and vice versa;

“transmission works” means Work Nos. 8A to 11 and any further associated development as described in paragraph 2 of Part 1 of this Schedule;

“TSS” means traffic separation scheme;

“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset TA1 2DN or any replacement body or successor to its functions;

“Work No” means that part of the authorised development with the corresponding number specified in Part 1 of this Schedule;

“the WTG Specification” means the manufacturer and model of wind turbine generators specified in the Approval Notice.

Time limits

2.  The authorised development shall commence no later than the expiration of five years beginning with the date this Order comes into force or such longer period as the Secretary of State may hereafter direct in writing.

Design parameters for wind turbines

3.—(1) No wind turbine generator forming part of the authorised development shall—

(a)exceed a height of 195 metres when measured from LAT to the tip of the vertical blade;

(b)exceed a height of 120 metres to the height of the centreline of the generator shaft forming part of the hub when measured from LAT;

(c)exceed a rotor diameter of 164 metres, or have a rotor diameter of less than 107 metres;

(d)be less than 642 metres from the nearest WTG in either direction perpendicular to the approximate prevailing wind direction or be less than 856 metres from the nearest WTG in either direction which is in line with the approximate prevailing wind direction;

(e)have a distance of less than 22 metres between the lowest point of the rotating blade of the wind turbine and MHWS.

(2) In sub-paragraph (1), references to the location of a wind turbine generator are references to the centre point of that turbine.

Approval of detailed wind turbine design parameters by the Secretary of State

4.—(1) The authorised development shall not commence until the Secretary of State has received the Approval Application and issued the Approval Notice.

(2) An Approval Application shall include—

(a)the proposed Maximum WTG Number;

(b)the proposed WTG Specification;

(c)the proposed Minimum Clearance Level; and

(d)an explanation of how the proposed Maximum WTG Number, the proposed WTG Specification and the proposed Minimum Clearance Level, in combination, achieve the Percentage Reduction.

(3) The Approval Notice shall specify—

(a)the Maximum WTG Number;

(b)the WTG Specification, which shall comply with the requirements of paragraphs (a) to (c) of Requirement 3(1); and

(c)the Minimum Clearance Level, which shall comply with the requirements of paragraph (e) of Requirement 3(1).

(4) The Secretary of State shall not issue the Approval Notice unless he is satisfied, following consultation with Natural England, that the Maximum WTG Number, the WTG Specification and the Minimum Clearance Level, in combination, achieve the Percentage Reduction.

(5) The Approval Notice shall include a statement of—

(a)the reasons why the Secretary of State is satisfied that the Percentage Reduction is achieved; and

(b)where the Maximum WTG Number, the WTG Specification, or the Minimum Clearance Level is different from that proposed in the Approval Application, the reasons for the difference.

(6) The number of wind turbine generators forming part of the authorised development shall not exceed the Maximum WTG Number specified in the Approval Notice.

(7) Each wind turbine generator forming part of the authorised development shall conform to the WTG Specification specified in the Approval Notice.

(8) For each wind turbine generator constructed as part of the authorised development, the minimum distance between the lowest point of its rotating blade and the MHWS shall be at least equal to the Minimum Clearance Level.

Further offshore design requirements

5.  No wind turbine generator, offshore substation platform, collection platform, accommodation platform or meteorological mast forming part of the authorised development shall be erected within the area hatched black on the Order limits plan, whose coordinates are specified below—

Coordinates for restricted build area
PointLatitude (DMS)Longitude (DMS)PointLatitude (DMS)Longitude (DMS)
151° 59′ 16.526″ N2° 02′ 34.375″ E251° 59′ 06.310″ N2° 03′ 24.837″ E
351° 55′ 13.411″ N2° 02′ 25.515″ E451° 55′ 27.574″ N2° 01′ 36.127″ E

6.—(1) The total number of offshore substation platforms, accommodation platforms and collection platforms forming part of the authorised development shall not exceed four.

(2) The dimensions of any offshore substation platform, accommodation platform or collection platform forming part of the authorised development (excluding any masts) shall not exceed 75 metres in height when measured from LAT, 65 metres in length and 50 metres in width. Any such platform shall have no more than one supporting foundation.

(3) No meteorological mast shall exceed a height of 120 metres when measured from LAT, nor shall it have more than one supporting foundation.

7.—(1) The number of cables forming part of the authorised development laid in each of the corridors forming part of the Order limits between reference point AA and reference point BB and reference point CC and reference point DD and the area marked by reference point EE on the works plan shall not exceed three.

(2) The total length of the cables comprising Work No. 3A shall not exceed 190 kilometres.

(3) The total length of the cables comprising Work No. 1(e) shall not exceed 300 kilometres.

8.—(1) Each monopile foundation forming part of the authorised development shall not have a diameter greater than 7 metres.

(2) Each monopile foundation forming part of the authorised development shall not be constructed in water with a depth greater than 45 metres between LAT and the seabed.

(3) Each gravity base foundation forming part of the authorised development shall not have—

(a)a diameter at the level of the seabed which is greater than 45 metres;

(b)a base height, where there is a flat base, which is greater than 7.5 metres above the level of the seabed;

(c)a column diameter, where there is a flat or conical base, of greater than 10 metres;

(d)a cone/column intersect which is higher than 20 metres above the top of the base;

(e)a cone diameter at its base which is greater than 35 metres.

(4) In the event that any WTG uses a gravity base foundation of more than 35 metres diameter at the level of the seabed, the authorised development shall not comprise more than 101 WTG in total.

(5) Each space frame foundation forming part of the authorised development shall not have—

(a)for use with any WTG or meteorological mast, a spacing between each leg at the level of the seabed which is greater than 40 metres and at the level of LAT which is greater than 25 metres;

(b)for use with any offshore substation platform, accommodation platform or collection platform, a spacing between each leg at the level of the seabed which is greater than 55 metres in one direction and 40 metres in a perpendicular direction, and at the level of LAT which is greater than 40 metres in one direction and 30 metres in a perpendicular direction;

(c)more than two piles per leg or more than one suction can per leg;

(d)a pile diameter which is more than 3 metres each;

(e)for use with any WTG or meteorological mast, a suction can diameter greater than 11.5 metres each, where the total number of suction cans per structure is 3 or fewer;

(f)for use with any WTG or meteorological mast, a suction can diameter of greater than 10 metres each, where the total number of suction cans is more than 3;

(g)for use with any offshore substation platform, accommodation platform or collection platform, a suction can diameter of greater than 17 metres each, where the total number of suction cans is 4 or fewer;

(h)for use with any offshore substation platform, accommodation platform or collection platform, a suction can diameter of greater than 10 metres each, where the total number of suction cans is more than 4;

(i)more than 4 legs for a WTG or meteorological mast, or more than 6 legs for an offshore substation platform, accommodation platform or collection platform.

(6) Each suction monopod foundation forming part of the authorised development shall not have—

(a)a diameter at the level of the seabed which is greater than 25 metres;

(b)a base height, where there is a flat base, which is greater than 7.5 metres above the level of the seabed;

(c)a column diameter which is greater than 9 metres.

Offshore safety management

9.—(1) No authorised development seaward of MHWS shall commence until the Secretary of State, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations contained within MGN371, “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes including full details of the Emergency Co-operation Plans (ERCoP) for the construction, operation and decommissioning phases as appropriate to the authorised development.

(2) The undertaker shall prepare and implement a project specific Active Safety Management System, taking account of safety and mitigation measures as identified within the Navigation Risk Assessment.

(3) The undertaker shall at its cost, provide and deliver to the MCA Hydrographic data (to IHO order 1a standard) of the extended SUNK East Traffic Separation Scheme.

(4) The undertaker shall at its cost, as soon as technically feasible following the commencement of construction works seaward of MHWS, remotely gather and provide to the MCA: Radar, AIS and VHF radio telephony information in relation to the extended SUNK East Traffic Separation Scheme to assist in managing shipping movements as a result of the authorised development. The information must be—

(a)gathered to adequately extend the marine traffic monitoring (VTS) range to effectively cover the Eastern extremity of the SUNK East Traffic Separation Scheme extension unless otherwise agreed by the MCA;

(b)delivered, in a format and within a timescale agreed by the MCA, so that it may be incorporated into the MCA’s systems for seamless display at CNIS; and

(c)provided by the undertaker to the MCA until the authorised development has been fully decommissioned in accordance with an approved programme under the 2004 Act.

Aids to navigation

10.  The undertaker shall at or near the authorised development during the whole period of the construction, operation, alteration, replacement or completion of decommissioning of the authorised development exhibit such lights, marks, sounds, signals and other aids to navigation as Trinity House may from time to time direct in writing.

11.  The undertaker shall ensure that timely and efficient notices to mariners and other navigational warnings of the position and nature of the authorised development seaward of MHWS, are issued during and after the period of construction, alteration, replacement or decommissioning of the authorised development, such information to be promulgated to mariners in the shipping and fishing industry as well as to recreational mariners.

12.  The undertaker shall notify Trinity House, in writing, as soon as reasonably practicable of both the progress and completion of the authorised development seaward of MHWS and any aids for navigation established from time to time.

13.  The undertaker shall provide reports on the availability of aids to navigation as requested by Trinity House in writing.

14.  The undertaker shall notify the UK Hydrographic Office, in writing, of the commencement and completion of the authorised development seaward of MHWS.

15.—(1) The undertaker shall colour all structures yellow starting at highest astronomical tide to a height directed by Trinity House, in writing, or as otherwise directed by Trinity House from time to time.

(2) Subject to sub-paragraph (1), unless the Secretary of State otherwise directs, in writing, the undertaker shall ensure that the wind turbine generators shall be painted submarine grey (colour code RAL 7035).

16.—(1) The undertaker shall exhibit such lights, with such shape, colour and character as are required in writing by Air Navigation Order 2009(3) and determined necessary for aviation safety in consultation with the Defence Infrastructure Organisation and as directed by the CAA.

(2) The undertaker shall notify the Defence Infrastructure Organisation, at least 14 days prior to the commencement of the authorised development, in writing of the following information—

(a)the date of the commencement of construction of the authorised development;

(b)the date any wind turbine generators are brought into use;

(c)the maximum height of any construction equipment to be used;

(d)the maximum heights of any wind turbine generator, mast and platform to be constructed;

(e)the latitude and longitude of each wind turbine generator, mast and platform to be constructed,

and Defence Infrastructure Organisation shall be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the authorised development.

Provision against danger to navigation

17.  In case of injury to, or destruction or decay of, the authorised development seaward of MHWS or any part thereof the undertaker shall as soon as reasonably practicable notify Trinity House, in writing, and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may from time to time direct in writing.

Offshore decommissioning

18.  No authorised development seaward of mean low water spring tides shall 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.

Stages of authorised development onshore

19.  Neither the connection works nor the transmission works shall be commenced until a written scheme setting out all the stages of the relevant works has been submitted to and approved by the relevant planning authority.

Detailed design approval onshore

20.—(1) Except where the connection works or the transmission works, as the case may be, are carried out in accordance with the plans (or relevant parts of the plans) listed in Requirement 21, no part of the relevant works shall commence until details of the layout, scale, levels and external appearance of the same, so far as they do not accord with the authorised plans, have been submitted to and approved by the relevant planning authority. The relevant works must be carried out in accordance with the approved details, unless agreed otherwise by the relevant planning authority.

(2) Any works approved by the relevant planning authority under sub-paragraph (1) shall accord with the principles of the design and access statement submitted with the application for this Order and be within the Order limits.

(3) No building forming part of Work Nos. 6, 8A, 8B or 10, shall exceed the relevant height limit for its proposed location specified on the height restriction plan above the approved floor level for that location.

(4) The floor level of Work Nos. 6 and 10 shall not be higher than 9 metres AOD.

(5) Work No. 6 shall not be brought into commercial operation (excluding commissioning) until Work No. 7 has been constructed.

(6) The height of the relocated communications mast shall not exceed 15 metres AOD, and its supporting pole shall not exceed 16 metres AOD.

(7) The width of the corridor occupied by the grid connection comprising Work Nos. 3B and 5, and any related associated development, once constructed, shall not exceed 23 metres, save for any part of the works where drilling is proposed, which part(s) shall not exceed 33 metres.

(8) No works shall be carried out in relation to the laying of cables or other works under Sizewell Gap until the detail of those works and their proposed methodology has been approved by the relevant planning authority, after consultation with the highway authority and EDF Energy (which shall not unreasonably delay its response to that consultation). The relevant works shall be carried out in accordance with the approved details, unless agreed otherwise by the relevant planning authority, after consultation with the highway authority and EDF Energy (which shall not unreasonably delay its response to that consultation).

21.—(1) The connection works and the transmission works shall be carried out in accordance with the approved plans submitted with the application, or subsequently in connection with the examination of the application of this Order, save in respect of any part of such plans which expressly states that they do not show details for express approval (unless otherwise agreed by the relevant planning authority and the altered development accords with the principles of the design and access statement submitted with the application for this Order, is within the scope of the works assessed in the environmental statement and falls within the Order limits)—

(a)Order limits plan (onshore) (application document reference 2.1);

(b)Works plan (onshore) (document reference 2.3 Rev 1, which superseded application documents reference 2.3a/2.3b);

(c)General arrangement (onshore) (document reference 2.7 Rev 40, which superseded application document reference 2.7 Rev 39);

(d)Height restriction plan (application document reference 2.8);

(e)Onshore Connection and Transmission Works (document reference 2.9 Rev 1, which superseded application documents reference 2.9a/2.9b);

(f)Transmission compound – general arrangement and elevations (document reference 2.10 Rev 2 which superseded application document reference 2.10 Rev 1).

(2) Where any alternative details are approved pursuant to this Requirement and Requirement 20 or 38, those details are deemed to be substituted for the corresponding approved details set out in this Requirement.

Provision of landscaping

22.  Neither the connection works nor the transmission works shall commence until a written landscaping scheme and associated work programme (which accords with the landscape strategy comprising Appendix 4 of application document 5.4.5, unless otherwise agreed by the relevant planning authority) in relation to the relevant works has been submitted to and approved by the relevant planning authority, in consultation with Suffolk County Council and Natural England (and in the case of sub-paragraph (k) with the owner of the water main). Each landscaping scheme must include details of all proposed hard and soft landscaping works, including—

(a)location, number, species, size and planning density of any proposed planting, including any trees;

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

(c)proposed finished ground levels;

(d)hard surfacing materials;

(e)vehicular and pedestrian access, parking and circulation areas;

(f)minor structures, such as furniture, refuse or other storage units, signs and lighting;

(g)proposed and existing functional services above and below, ground, including drainage, power and communications cables and pipelines, manholes and supports;

(h)details of existing trees to be retained, with measures for their protection during the construction period;

(i)retained historic landscape features and proposals for restoration, where relevant;

(j)implementation timetables for all landscaping works; and

(k)proposals to prevent adverse impact from root spread on the water main to the east of Sandy Lane beneath Pillbox Field.

Implementation and maintenance of landscaping

23.—(1) All landscaping works must be carried out in accordance with a landscaping scheme approved under Requirement 22, unless otherwise agreed by the relevant planning authority, in consultation with Natural England, and to a good standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

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

Fencing and other means of enclosure

24.—(1) No part of the connection works or the transmission works shall commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure for the relevant part of the relevant works have been submitted to and approved by the relevant planning authority.

(2) All permanent and temporary fences, walls or other means of enclosure must be constructed in accordance with the approved details, unless otherwise agreed by the relevant planning authority.

(3) All construction sites must remain securely fenced at all times during construction of the relevant works.

(4) Any temporary fencing must be removed on completion of the relevant works.

(5) Any approved permanent fencing in relation to Work No. 6 or Work No. 10 or the sealing end compound must be completed before the relevant work or compound is brought into use.

Surface and foul water drainage

25.—(1) Neither the connection works nor the transmission works shall commence until in relation to the relevant works written details of the surface and (if any) foul water drainage system (including means of pollution control) have, after consultation with the relevant sewerage and drainage authorities, been submitted to and approved by the relevant planning authority.

(2) The surface and foul water drainage system must be constructed in accordance with the approved details unless agreed otherwise by the relevant planning authority.

Archaeology

26.—(1) Neither the connection works nor the transmission works (including in each case site clearance and preliminary earthworks) shall commence until in relation to the relevant works a written scheme of archaeological investigation has been submitted to and approved by the relevant planning authority, in consultation with Suffolk County Council.

(2) The scheme shall include an assessment of significance and research questions and—

(a)the programme and methodology of site investigation and recording;

(b)the programme for post investigation assessment;

(c)provision to be made for analysis of the site investigation and recording;

(d)provision to be made for publication and dissemination of the analysis and records of the site investigation;

(e)nomination of a competent person or organisation to undertake the works set out within the written scheme of investigation.

(3) Neither the connection works nor the transmission works shall commence until in relation to the relevant works the relevant site investigation has been completed in accordance with the programme and methodology included in the approved scheme, and such completion has been approved by the relevant planning authority.

(4) Neither the connection works nor the transmission works shall be brought into commercial operation (excluding commissioning) until in relation to the relevant works the site investigation and post investigation assessment have been completed in accordance with the programme in the approved scheme and the provision made for analysis, publication and dissemination of results and archive deposition has been secured.

(5) The written scheme in relation to the relevant works shall be carried out as approved, unless otherwise agreed with the relevant planning authority.

Ecological management plan

27.—(1) Neither the connection works nor the transmission works (including in each case site clearance and preliminary earthworks) shall commence until a written ecological management plan (which shall include landscape management and include proposals for management throughout the operational life of Work Nos. 3B, 4, 5, 6, 7, 9A, 9B, 10 and 11) for the relevant works reflecting the survey results and ecological mitigation and enhancement measures included in the environmental statement has been submitted to and approved by the relevant planning authority, in consultation with Natural England.

(2) The ecological management plan shall include an implementation timetable and must be carried out as approved, unless otherwise agreed by the relevant planning authority.

Construction code of practice

28.  No part of the connection works or the transmission works shall be commenced until a construction code of practice relating to the relevant part of the relevant works has been submitted to and, after consultation with the highway authority and Natural England, approved by the relevant planning authority in relation to the relevant part of the relevant works. The code shall cover all the subject areas set out in the final draft code submitted as part of the examination and as certified by the Secretary of State and any other matters the relevant planning authority reasonably requires. The code approved in relation to the relevant part of the relevant works shall be followed in relation to those works, unless otherwise agreed by the relevant planning authority.

Construction hours

29.—(1) Construction work for the connection works and the transmission works and any construction-related traffic movements to or from the site of the relevant works shall not take place other than between 0700 hours and 1900 hours Monday to Saturday, with no activity on Sundays or bank holidays, save—

(a)where continuous periods of operation are required, such as concrete pouring and drilling;

(b)for the delivery of abnormal loads to the relevant works, which may cause congestion on the local road network;

(c)where works are being carried out on the foreshore;

(d)where connection works to the overhead power lines are being carried out;

(e)as otherwise agreed in writing with the relevant planning authority.

(2) All construction operations which are to be undertaken outside the hours specified in sub-paragraph (1) shall be agreed with the relevant planning authority in advance, and shall be carried out within the agreed times, unless otherwise agreed with the relevant planning authority.

Control of noise during operational phase

30.—(1) Considered distinctly from each other, the noise emanating from the operation of Work No. 6 and Work No. 10 (including transformers, cooling fans, switch gear and power lines) shall each not exceed the following levels by reference to the specified points marked on the works plan—

(a)40 dB(A) when measured at Point X (Rosery Cottage);

(b)33 dB(A) when measured at Point Y (Home Farm);

(c)33 dB(A) at Point Z (Halfway Cottages).

(2) Noise measurements shall be expressed as 5 minute L(A)eq values.

(3) Considered distinctly from each other, in the event that the noise emanating from Work No. 6 or 10 has a distinguishable tone, is impulsive or is otherwise irregular in character so as to attract attention, then the 5 minute L(A)eq value from the relevant Work at the points marked on the works plan shall not exceed—

(a)35 dB(A) when measured at Point X (Rosery Cottage);

(b)28 dB(A) when measured at Point Y (Home Farm);

(c)28 dB(A) at Point Z (Halfway Cottages).

(4) All standby generator testing in relation to the connection works or the transmission works shall be undertaken during the hours of 0900 to 1700 on Mondays to Saturdays, and not at all on Sundays or bank holidays, unless otherwise agreed with the relevant planning authority.

Control of artificial light emissions

31.—(1) Neither the connection nor the transmission works shall commence commercial operation (including commissioning) until a written scheme for the management and mitigation of artificial light emissions during the operation of the relevant works has been submitted to and approved by the relevant planning authority, in consultation with Natural England.

(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented before and maintained during the operation of the relevant works, unless otherwise agreed by the relevant planning authority.

Detailed emergency response plan

32.—(1) No part of the connection works or the transmission works shall commence until an emergency response plan relating to the construction and operation of that part of the relevant works has been submitted for approval by the relevant planning authority after consultation with the Emergency Planning Consultative Committee (of which the relevant planning authority is a member) for the nuclear site licences at Sizewell A and B.

(2) The emergency plan shall be carried out as approved in relation to the relevant part of the relevant works, unless otherwise agreed by the relevant planning authority after consultation with the Emergency Planning Consultative Committee.

European protected species

33.—(1) Neither the connection works nor the transmission works shall commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by any part of the relevant works or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

(2) Where a European protected species is shown to be present, the relevant part(s) of the relevant works shall not begin until, after consultation with Natural England and the Secretary of State for the Environment, Food and Rural Affairs, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority. The relevant works shall be carried out in accordance with the approved scheme, unless otherwise agreed by the relevant planning authority, after consultation with Natural England.

(3) “European protected species” has the same meaning as in regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010 (as amended)(4).

Restoration of land used temporarily for construction

34.  Any land landward of mean low water spring tides within the Order limits which is used temporarily for construction of the connection works or the transmission works, and not ultimately forming part of connection works or the transmission works or approved landscaping, must be reinstated to its former condition, or such condition as the relevant planning authority may approve, within six months of completion of the onshore works, or such other period as the relevant planning authority may approve.

Interference with telecommunications

35.  In the event that the operation of the connection works or the transmission works gives rise to interference with telecommunications or television equipment at nearby residential properties, a scheme to rectify the situation in relation to the relevant works shall be submitted to the relevant planning authority for approval. The scheme shall be carried out in accordance with the approved details, unless otherwise agreed by the relevant planning authority.

Onshore decommissioning

36.  Upon the cessation of commercial operation of the connection works or the transmission works, a scheme for the demolition and removal of the relevant works (in whole or in part), and the final proposed condition of the relevant land, including a proposed timetable, shall be submitted to and approved by the relevant planning authority, in consultation with Natural England. The proposed scheme shall be based on the onshore decommissioning statement submitted with the application. The scheme shall be carried out in accordance with the approved details, unless otherwise agreed by the relevant planning authority.

Requirement for written approval

37.  Where under any of the above Requirements the approval or agreement of the Secretary of State, the relevant planning authority or another person is required, that approval or agreement must be given in writing.

Amendments to approved details

38.  With respect to any Requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority or another person, the approved details shall be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority or that other person.

(2)

2006 c. 16. Section 1 was amended by section 311(2) and (3) of the Marine and Coastal Access Act 2009 (c. 23).

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