The Galloper Wind Farm Order 2013

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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

Point	Latitude (DMS)	Longitude (DMS)	Point	Latitude (DMS)	Longitude (DMS)
Area A
1	51^° 59′ 59.611″ N	1^° 59′ 30.896″ E	2	51^° 59′ 30.066″ N	2^° 05′ 35.129″ E
3	51^° 59′ 28.672″ N	2^° 05′ 37.951″ E	4	51^° 59′ 25.641″ N	2^° 05′ 44.985″ E
5	51^°59′ 22.901″ N	2^° 05′ 52.323″ E	6	51^° 59′ 20.463″ N	2^° 05′ 59.937″ E
7	51^° 59′ 18.338″ N	2^° 06′ 07.792″ E	8	51^° 59′ 16.534″ N	2^° 06′ 15.855″ E
9	51^° 59′ 15.059″ N	2^° 06′ 24.092″ E	10	51^° 59′ 13.920″ N	2^° 06′ 32.467″ E
11	51^° 59′ 13.122″ N	2^° 06′ 40.945″ E	12	51^° 59′ 12.682″ N	2^°06′ 49.050″ E
13	51^° 59′ 12.329″ N	2^° 06′ 59.141″ E	14	51^° 58′ 56.293″ N	2^° 07′ 50.888″ E
15	51^° 58′ 33.766″ N	2^° 08′ 44.666″ E	16	51^° 57′ 13.719″ N	2^° 08′ 44. 383″ E
17	51^° 55′ 37.835″ N	2^° 08′ 14.508″ E	18	51^° 53′ 42.962″ N	2^° 01′ 36.868″ E
19	51^° 53′ 27.719″ N	2^° 00′ 44.242″ E	20	51^° 53′ 15.002″ N	2^° 00′ 00.138″ E
21	51^° 58′ 42.600″ N	2^° 00′ 00.138″ E	22	51^° 58′ 42.600″ N	1^° 56′ 02.667″ E
Area B
1	51^° 49′ 01.731″ N	2^° 01′ 29.385″ E	2	51^° 50′ 17.180″ N	2^° 06′ 34.867″ E
3	51^° 45′ 40.117″ N	2^° 05′ 09.101″ E	4	51^° 43′ 22.529″ N	1^° 57′ 54.170″ E
5	51^° 43′ 58.800″ N	1^° 56′ 18.600″ E	6	51^° 45′ 14.400″ N	2^° 00′ 00.000″ E
7	51^° 46′ 28.672″ N	2^° 00′ 00.000″ E	8	51^° 48′ 39.346″ N	2^° 00′ 00.000″ E
9	51^° 48′ 48.664″ N	2^° 00′ 36.597″ E
Area C
1	51^° 47′ 45.600″ N	1^° 56′ 02.400″ E	2	51^° 45′ 58.800″ N	1^° 54′ 59.040″ E
3	51^° 43′ 58.800″ N	1^° 56′ 18.600″ E	4	51^° 45′ 31.800″ N	1^° 52′ 27.415″ E
5	51^° 46′ 51.579″ N	1^° 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

Point	Latitude (DMS)	Longitude (DMS)	Point	Latitude (DMS)	Longitude (DMS)
1	52^° 12′ 21.695″ N	1^° 37′ 21.969″ E	2	52^° 12′ 21.770″ N	1^° 37′ 22.834″ E
3	52^° 12′ 38.547″ N	1^° 37′ 31.559″ E	4	52^° 13′ 06.787″ N	1^° 39′ 31.266″ E
5	52^° 12′ 41.875″ N	1^° 41′ 19.072″ E	6	52^° 08′ 53.641″ N	1^° 43′ 50.558″ E
7	52^° 07′ 19.811″ N	1^° 46′ 13.310″ E	8	52^° 06′ 47.705″ N	1^° 46′ 22.155″ E
9	52^° 05′ 45.119″ N	1^° 47′ 48.934″ E	10	52^° 04′ 21.240″ N	1^° 47′ 50.697″ E
11	52^° 03′ 00.375″ N	1^° 49′ 47.154″ E	12	52^° 02′ 59.277″ N	1^° 50′ 58.902″ E
13	52^°02′ 32.852″ N	1^° 51′ 36.901″ E	14	52^° 01′ 50.815″ N	1^° 52′ 18.710″ E
15	52^° 01′ 30.601″ N	1^° 54′ 02.808″ E	16	52^° 01′ 22.163″ N	1^° 54′ 18.345″ E
17	52^° 01′ 09.327″ N	1^° 54′ 17.298″ E	18	52^° 01′ 05.147″ N	1^° 54′ 18.294″ E
19	52^° 00′ 59.527″ N	1^° 54′ 22.958″ E	20	52^° 00′ 55.981″ N	1^° 54′ 29.281″ E
21	52^° 00′ 54.528″ N	1^° 54′ 33.851″ E	22	52^° 00′ 53.496″ N	1^° 54′ 40.490″ E
23	52^° 00′ 52.133″ N	1^° 55′ 24.154″ E	24	51^° 59′ 40.210″ N	1^° 58′ 21.019″ E
25	51^° 59′ 34.074″ N	1^° 58′ 21.796″ E	26	51^° 59′ 59.611″ N	1^° 59′ 30.896″ E
27	51^° 59′ 30.066″ N	2^° 05′ 35.129″ E	28	51^°59′ 28.672″ N	2^° 05′ 37.951″ E
29	51^° 59′ 25.641″ N	2^° 05′ 44.985″ E	30	51^° 59′ 22.901″ N	2^° 05′ 52.323″ E
31	51^° 59′ 20.463″ N	2^° 05′ 59.937″ E	32	51^° 59′ 18.338″ N	2^° 06′ 07.792″ E
33	51^° 59′ 16.534″ N	2^° 06′ 15.855″ E	34	51^° 59′ 15.059″ N	2^° 06′ 24.092″ E
35	51^° 59′ 13.920″ N	2^° 06′ 32.467″ E	36	51^° 59′ 13.122″ N	2^° 06′ 40.945″ E
37	51^° 59′ 12.682″ N	2^° 06′ 49.050″ E	38	51^° 59′ 12.329″ N	2^° 06′ 59.141″ E
39	51^° 58′ 56.293″ N	2^° 07′ 50.888″ E	40	51^° 58′ 33.766″ N	2^° 08′ 44.666″ E
41	51^° 57′ 13.719″ N	2^° 08′ 44.383″ E	42	51^° 55′ 37.835″ N	2^° 08′ 14.508″ E
43	51^° 53′ 42.962″ N	2^°01′ 36.868″ E	44	51^° 49′ 01.731″ N	2^° 01′ 29.385″ E
45	51^° 50′ 17.180″ N	2^° 06′ 34.867″ E	46	51^° 45′ 40.117″ N	2^° 05′ 09.101″ E
47	51^°43′ 22.529″ N	1^° 57′ 54.170″ E	48	51^° 43′ 58.800″ N	1^° 56′ 18.600″ E
49	51^° 45′ 31.800″ N	1^° 52′ 27.415″ E	50	51^° 46′ 51.579″ N	1^° 52′ 55.728″ E
51	51^° 47′ 45.600″ N	1^° 56′ 02.400″ E	52	51^° 45′ 57.600″ N	1^° 54′ 59.040″ E
53	51^° 44′ 12.004″ N	1^° 56′ 09.764″ E	54	51^° 44′ 03.295″ N	1^° 56′ 31.748″ E
55	51^° 45′ 14.400″ N	2^° 00′ 00.000″ E	56	51^° 46′ 28.672″ N	2^° 00′ 00.000″ E
57	51^° 48′ 39.346″ N	2^° 00′ 00.000″ E	58	51^° 48′ 48.664″ N	2^° 00′ 36.597″ E
59	51^° 53′ 27.719″ N	2^° 00′ 44.242″ E	60	51^° 53′ 15.002″ N	2^° 00′ 00.138″ E
61	51^° 58′ 42.600″ N	2^° 00′ 00.138″ E	62	51^° 58′ 42.616″ N	1^° 58′ 28.302″ E
63	51^° 58′ 42.616″ N	1^° 57′ 34.138″ E	64	51^° 58′ 42.600″ N	1^°56′ 02.667″ E
65	51^°59′ 15.255″ N	1^° 57′ 30.906″ E	66	51^° 59′ 22.686″ N	1^° 57′ 30.170″ E
67	52^° 01′ 01.179″ N	1^° 53′ 39.506″ E	68	52^° 01′ 28.919″ N	1^° 51′ 16.683″ E
69	52^° 01′ 36.462″ N	1^° 50′ 37.798″ E	70	52^° 02′ 03.097″ N	1^° 49′ 59.472″ E
71	52^° 04′ 08.838″ N	1^° 46′ 58.300″ E	72	52^° 05′ 32.520″ N	1^° 46′ 56.527″ E
73	52^° 06′ 33.520″ N	1^° 45′ 32.604″ E	74	52^° 07′ 04.673″ N	1^° 45′ 24.158″ E
75	52^° 08′ 35.786″ N	1^° 43′ 05.562″ E	76	52^° 12′ 06.924″ N	1^° 40′ 45.328″ E
77	52^° 12′ 08.338″ N	1^° 40′ 38.374″ E	78	52^° 12′ 09.091″ N	1^° 40′ 34.668″ E
79	52^° 12′ 10.453″ N	1^° 40′ 29.362″ E	80	52^° 12′ 10.658″ N	1^° 40′ 28.945″ E
81	52^° 12′ 10.947″ N	1^° 40′ 27.617″ E	82	52^° 12′ 11.334″ N	1^° 40′ 24.014″ E
83	52^° 12′ 11.585″ N	1^° 40′ 24.163″ E	84	52^° 12′ 12.420″ N	1^° 40′ 20.735″ E
85	52^° 12′ 12.713″ N	1^° 40′ 19.698″ E	86	52^° 12′ 12.978″ N	1^° 40′ 19.092″ E
87	52^° 12′ 13.722″ N	1^° 40′ 14.764″ E	88	52^° 12′ 14.592″ N	1^° 40′ 11.316″ E
89	52^° 12′ 14.726″ N	1^° 40′ 09.601″ E	90	52^° 12′ 16.655″ N	1^° 40′ 00.995″ E
91	52^° 12′ 18.548″ N	1^° 39′ 52.398″ E	92	52^° 12′ 19.617″ N	1^° 39′ 47.867″ E
93	52^° 12′ 20.133″ N	1^° 39′ 44.145″ E	94	52^° 12′ 21.264″ N	1^° 39′ 40.715″ E
95	52^° 12′ 22.455″ N	1^° 39′ 35.162″ E	96	52^° 12′ 22.647″ N	1^° 39′ 34.805″ E
97	52^° 12′ 23.511″ N	1^° 39′ 30.442″ E	98	52^° 12′ 24.413″ N	1^° 39′ 27.238″ E
99	52^° 12′ 24.629″ N	1^° 39′ 25.209″ E	100	52^° 12′ 25.271″ N	1^° 39′ 21.684″ E
101	52^° 12′ 25.717″ N	1^° 39′ 20.525″ E	102	52^° 12′ 26.377″ N	1^° 39′ 15.364″ E
103	52^°12′ 26.479″ N	1^°39′ 14.852″ E	104	52^° 12′ 26.591″ N	1^° 39′ 13.000″ E
105	52^° 12′ 26.726″ N	1^° 39′ 09.534″ E	106	52^° 12′ 27.156″ N	1^° 39′ 04.787″ E
107	52^° 12′ 27.336″ N	1^° 39′ 03.952″ E	108	52^°12′ 27.378″ N	1^° 39′ 02.849″ E
109	52^° 12′ 27.503″ N	1^° 39′ 01.729″ E	110	52^° 12′ 27.672″ N	1^° 38′ 59.184″ E
111	52^° 12′ 27.936″ N	1^° 38′ 56.895″ E	112	52^° 12′ 27.980″ N	1^° 38′ 54.459″ E
113	52^° 12′ 28.226″ N	1^° 38′ 52.855″ E	114	52^° 12′ 28.252″ N	1^°38′ 51.642″ E
115	52^°12′ 28.372″ N	1^° 38′ 51.228″ E	116	52^°12′ 28.438″ N	1^° 38′ 49.416″ E
117	52^° 12′ 28.801″ N	1^° 38′ 46.905″ E	118	52^° 12′ 28.941″ N	1^° 38′ 44.288″ E
119	52^° 12′ 28.845″ N	1^° 38′ 39.122″ E	120	52^° 12′ 28.858″ N	1^° 38′ 38.526″ E
121	52^° 12′ 28.608″ N	1^° 38′ 35.768″ E	122	52^° 12′ 28.426″ N	1^° 38′ 34.235″ E
123	52^° 12′ 28.155″ N	1^° 38′ 33.195″ E	124	52^° 12′ 27.765″ N	1^° 38′ 28.902″ E
125	52^° 12′ 27.466″ N	1^° 38′ 27.740″ E	126	52^° 12′ 26.843″ N	1^° 38′ 23.551″ E
127	52^° 12′ 26.282″ N	1^° 38′ 18.752″ E	128	52^° 12′ 25.310″ N	1^°38′ 13.007″ E
129	52^° 12′ 25.249″ N	1^° 38′ 11.139″ E	130	52^° 12′ 24.835″ N	1^°38′ 08.881″ E
131	52^° 12′ 24.783″ N	1^° 38′ 08.123″ E	132	52^° 12′ 24.514″ N	1^° 38′ 06.910″ E
133	52^° 12′ 24.191″ N	1^° 38′ 03.616″ E	134	52^° 12′ 23.841″ N	1^° 38′ 01.335″ E
135	52^° 12′ 23.181″ N	1^° 37′ 57.957″ E	136	52^° 12′ 22.595″ N	1^° 37′ 54.034″ E
137	52^°12′ 22.177″ N	1^°37′ 52.624″ E	138	52^° 12′ 21.193″ N	1^° 37′ 47.365″ E
139	52^° 12′ 20.325″ N	1^°37′ 42.850″ E	140	52^° 12′ 19.615″ N	1^° 37′ 37.741″ E
141	52^° 12′ 19.710″ N	1^° 37′ 32.227″ E	142	52^° 12′ 19.863″ N	1^° 37′ 28.535″ E
143	52^° 12′ 20.547″ N	1^° 37′ 22.637″ E	144	52^° 12′ 20.572″ N	1^° 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

Point	Latitude (DMS)	Longitude (DMS)	Point	Latitude (DMS)	Longitude (DMS)
1	51° 59′ 16.526″ N	2° 02′ 34.375″ E	2	51° 59′ 06.310″ N	2° 03′ 24.837″ E
3	51° 55′ 13.411″ N	2° 02′ 25.515″ E	4	51° 55′ 27.574″ N	2° 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);

(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);

(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.

Article 10

SCHEDULE 2Deemed licence under the Marine and Coastal Access Act 2009

PART 1Licensed marine activities

Interpretation

1.—(1) In this licence—

“the 2008 Act” means the Planning Act 2008(5);

“the 2009 Act” means the Marine and Coastal Access Act 2009(6);

“accommodation platform” means a platform housing or incorporating temporary accommodation including mess facilities, landing points for vessels and helicopters, standby electricity generation equipment, marking and lighting and other equipment and facilities to assist in the coordination of emergency marine activities related to the authorised scheme;

“Annex 1 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;

“the Approval Application” means the application made by the undertaker to the Secretary of State under condition 2;

“the Approval Notice” means the notice issued by the Secretary of State under condition 2;

“authorised deposits” means the substances and articles specified in paragraph 2(4) of Part 1 of this Schedule;

“authorised scheme” means Work Nos. 1, 2 and 3 described in paragraph 2 of Part 1 of this Schedule;

“Cefas” means the Centre for Environment, Fisheries and Aquaculture Science;

“collection platform” means a platform housing or incorporating electrical switchgear and/or electrical transformers, J-tubes, marking and lighting and other equipment and facilities to enable the electrical connection of electrical cables from multiple WTGs to be collected at, and exported from, the platform in one or more cables;

“commence” means the first carrying out of any part of the licensed activities and “commencement” shall be construed accordingly;

“condition” means a condition in Part 2 and references in this Schedule to numbered conditions are to the conditions with those numbers in Part 2;

“EDF Energy” means EDF Energy (UK) Limited (company number 02622406) and any group company of EDF Energy (UK) Limited which holds property and is a licensed holder for any of the purposes under section 6 of the Electricity Act 1989 at Sizewell, and for the purposes of this definition “group company” means any company which is a company within the meaning of section 42 of the Landlord and Tenant Act 1954 including EDF Energy Nuclear Generation Limited (company number 03076445) and NNB Generation Company Limited (company number 06937084);

“enforcement officer” means a person authorised to carry out enforcement duties under 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 this Order and submitted with the application on 21 November 2011 and the environmental information contained in the clarifications, corrections and omissions document accepted by the Examining authority as a late submission, together with the table of environmental mitigation measures in relation to protected species dated 16 July 2012 and the two tables of offshore and onshore environmental mitigation measures dated 16 July 2012 submitted to the Examining authority as part of the examination of the application for this Order;

“gravity base foundation” means a structure principally of concrete which rests on the seabed due to its own weight and that of added ballast, with or without additional drilled pins or other additional fixings, which may include an integrated transition piece, and associated equipment including J-tube and access platforms and equipment;

“JNCC” means the Joint Nature Conservation Committee;

“the Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO for the purposes of this Schedule;

“LAT” means lowest astronomical tide;

“licence conditions” means the conditions set out in Part 2 of this Schedule;

“licensed activities” means the activities specified in paragraph 2 of Part 1 of this Schedule;

“major storm event” means a greater than 1 in 10 year wave event within the Order limits seaward of MHWS in terms of a wave height measured from the Sizewell Waverider buoy (WMO ID: 62294);

“the Marine Management Organisation” or “MMO” means the body of that name created under the Marine and Coastal Access Act 2009 or any successor to its functions;

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

“MCA” means the Maritime and Coastguard Agency;

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

“meteorological mast” means a mast housing or incorporating equipment to measure wind speed and other wind characteristics, including a topside housing electrical switchgear and communication equipment and associated equipment, and marking and lighting;

“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;

“monopile foundation” means a metal pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including J-tube and access-related equipment;

“Natural England” means the body established by section 1 of the Natural Environment and Rural Communities Act 2006(7) 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;

“the offshore Order limits” means the limits shown on the offshore Order limits plan within which the authorised scheme may be carried out, whose grid coordinates are set out in paragraph 2(3) of Part 1 of this Schedule;

“the offshore Order limits plan” means the plan certified as the offshore Order limits plan by the Secretary of State for the purposes of this Schedule;

“offshore substation platform” means a platform with one or more decks, whether open or fully clad, accommodating medium to high voltage electrical power transformers, medium and/or high voltage switch gear, helicopter landing facilities, re-fuelling facilities, potable water storage, black water separation equipment, instrumentation, metering equipment, control systems, standby electrical generation equipment, auxiliary and uninterruptible power supply systems, emergency accommodation including mess facilities, craneage, control hub, drainage facilities, access equipment, marking and lighting and other associated equipment and facilities;

“the Order” means the Galloper Wind Farm Order 2013;

“space frame foundation” means a metal jacket/lattice-type structure, including between three and six legs, which is fixed to the seabed with driven piles and/or drilled pins and/or weights and/or suction cans or additional fixings, which may include an integrated transition piece, and associated equipment including J-tube and access platforms and equipment;

“suction can” means a steel open-based cylinder, which is fixed to the base of the foundation and is installed until the lid is flush with the seabed;

“suction monopod” means a tubular metal structure founded on a steel open based cylinder akin to an up-turned bucket which partially penetrates the seabed, which may include an integrated transition piece, and associated equipment, including J-tube and access platform(s) and equipment;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“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;

“undertaker” means Galloper Wind Farm Limited;

“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;

“wind turbine generator” or “WTG” means a structure comprising a tower, rotor with three blades, nacelle and ancillary electrical and other equipment which may include J-tubes, transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, fixed to a foundation; and

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

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

(2) Unless otherwise indicated, in this Schedule or any approval under it—

(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 and minutes to two decimal places.

(3) 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: 0191 376 2525;

(b)Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900;

(c)The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900;

(d)Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 023 8032 9191;

(e)Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244;

(f)Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield

S3 8NH

Tel: 0300 060 2745;

(g)JNCC

Inverdee House

Baxter Street

Aberdeen

AB11 9QA

Tel: 01224 266 550;

(h)English Heritage

Eastgate Court

195-205 High Street

Guildford

GU1 3EH

Tel: 01483 252 057.

For information only, the details of the local MMO office to the authorised scheme are—

Marine Management Organisation
Pakefield Road
Lowestoft
Suffolk
NR33 0HT.

Details of licensed marine activities

2.—(1) Subject to the licence conditions, this licence authorises the undertaker (and any agent or contractor acting on their behalf) to carry out the following licensable marine activities under section 66(1) of the 2009 Act—

(a)the deposit at sea of the substances and articles specified in sub-paragraph (4);

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

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

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

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 further comprising (b) to (e) below;

Coordinates for the array areas

Point	Latitude (DMS)	Longitude (DMS)	Point	Latitude (DMS)	Longitude (DMS)
Area A
1	51^° 59′ 59.611″ N	1^° 59′ 30.896″ E	2	51^° 59′ 30.066″ N	2^° 05′ 35.129″ E
3	51^° 59′ 28.672″ N	2^° 05′ 37.951″ E	4	51^° 59′ 25.641″ N	2^° 05′ 44.985″ E
5	51^°59′ 22.901″ N	2^° 05′ 52.323″ E	6	51^° 59′ 20.463″ N	2^° 05′ 59.937″ E
7	51^° 59′ 18.338″ N	2^° 06′ 07.792″ E	8	51^° 59′ 16.534″ N	2^° 06′ 15.855″ E
9	51^° 59′ 15.059″ N	2^° 06′ 24.092″ E	10	51^° 59′ 13.920″ N	2^° 06′ 32.467″ E
11	51^° 59′ 13.122″ N	2^° 06′ 40.945″ E	12	51^° 59′ 12.682″ N	2^°06′ 49.050″ E
13	51^° 59′ 12.329″ N	2^° 06′ 59.141″ E	14	51^° 58′ 56.293″ N	2^° 07′ 50.888″ E
15	51^° 58′ 33.766″ N	2^° 08′ 44.666″ E	16	51^° 57′ 13.719″ N	2^° 08′ 44. 383″ E
17	51^° 55′ 37.835″ N	2^° 08′ 14.508″ E	18	51^° 53′ 42.962″ N	2^° 01′ 36.868″ E
19	51^° 53′ 27.719″ N	2^° 00′ 44.242″ E	20	51^° 53′ 15.002″ N	2^° 00′ 00.138″ E
21	51^° 58′ 42.600″ N	2^° 00′ 00.138″ E	22	51^° 58′ 42.600″ N	1^° 56′ 02.667″ E
Area B
1	51^° 49′ 01.731″ N	2^° 01′ 29.385″ E	2	51^° 50′ 17.180″ N	2^° 06′ 34.867″ E
3	51^° 45′ 40.117″ N	2^° 05′ 09.101″ E	4	51^° 43′ 22.529″ N	1^° 57′ 54.170″ E
5	51^° 43′ 58.800″ N	1^° 56′ 18.600″ E	6	51^° 45′ 14.400″ N	2^° 00′ 00.000″ E
7	51^° 46′ 28.672″ N	2^° 00′ 00.000″ E	8	51^° 48′ 39.346″ N	2^° 00′ 00.000″ E
9	51^° 48′ 48.664″ N	2^° 00′ 36.597″ E
Area C
1	51^° 47′ 45.600″ N	1^° 56′ 02.400″ E	2	51^° 45′ 58.800″ N	1^° 54′ 59.040″ E
3	51^° 43′ 58.800″ N	1^° 56′ 18.600″ E	4	51^° 45′ 31.800″ N	1^° 52′ 27.415″ E
5	51^° 46′ 51.579″ N	1^° 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;

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. 3 — a connection or connections between Work No. 2 and the line of MHWS south of Sizewell, consisting of up to three cables laid along routes within the offshore Order limits, including one or more cable crossings;

and in connection with such Work Nos. 1 to 3, works comprising—

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

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

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

(3) The grid coordinates for the offshore Order limits are specified below—

Coordinates for the offshore Order limits

Point	Latitude (DMS)	Longitude (DMS)	Point	Latitude (DMS)	Longitude (DMS)
1	52^° 12′ 21.695″ N	1^° 37′ 21.969″ E	2	52^° 12′ 21.770″ N	1^° 37′ 22.834″ E
3	52^° 12′ 38.547″ N	1^° 37′ 31.559″ E	4	52^° 13′ 06.787″ N	1^° 39′ 31.266″ E
5	52^° 12′ 41.875″ N	1^° 41′ 19.072″ E	6	52^° 08′ 53.641″ N	1^° 43′ 50.558″ E
7	52^° 07′ 19.811″ N	1^° 46′ 13.310″ E	8	52^° 06′ 47.705″ N	1^° 46′ 22.155″ E
9	52^° 05′ 45.119″ N	1^° 47′ 48.934″ E	10	52^° 04′ 21.240″ N	1^° 47′ 50.697″ E
11	52^° 03′ 00.375″ N	1^° 49′ 47.154″ E	12	52^° 02′ 59.277″ N	1^° 50′ 58.902″ E
13	52^°02′ 32.852″ N	1^° 51′ 36.901″ E	14	52^° 01′ 50.815″ N	1^° 52′ 18.710″ E
15	52^° 01′ 30.601″ N	1^° 54′ 02.808″ E	16	52^° 01′ 22.163″ N	1^° 54′ 18.345″ E
17	52^° 01′ 09.327″ N	1^° 54′ 17.298″ E	18	52^° 01′ 05.147″ N	1^° 54′ 18.294″ E
19	52^° 00′ 59.527″ N	1^° 54′ 22.958″ E	20	52^° 00′ 55.981″ N	1^° 54′ 29.281″ E
21	52^° 00′ 54.528″ N	1^° 54′ 33.851″ E	22	52^° 00′ 53.496″ N	1^° 54′ 40.490″ E
23	52^° 00′ 52.133″ N	1^° 55′ 24.154″ E	24	51^° 59′ 40.210″ N	1^° 58′ 21.019″ E
25	51^° 59′ 34.074″ N	1^° 58′ 21.796″ E	26	51^° 59′ 59.611″ N	1^° 59′ 30.896″ E
27	51^° 59′ 30.066″ N	2^° 05′ 35.129″ E	28	51^°59′ 28.672″ N	2^° 05′ 37.951″ E
29	51^° 59′ 25.641″ N	2^° 05′ 44.985″ E	30	51^° 59′ 22.901″ N	2^° 05′ 52.323″ E
31	51^° 59′ 20.463″ N	2^° 05′ 59.937″ E	32	51^° 59′ 18.338″ N	2^° 06′ 07.792″ E
33	51^° 59′ 16.534″ N	2^° 06′ 15.855″ E	34	51^° 59′ 15.059″ N	2^° 06′ 24.092″ E
35	51^° 59′ 13.920″ N	2^° 06′ 32.467″ E	36	51^° 59′ 13.122″ N	2^° 06′ 40.945″ E
37	51^° 59′ 12.682″ N	2^° 06′ 49.050″ E	38	51^° 59′ 12.329″ N	2^° 06′ 59.141″ E
39	51^° 58′ 56.293″ N	2^° 07′ 50.888″ E	40	51^° 58′ 33.766″ N	2^° 08′ 44.666″ E
41	51^° 57′ 13.719″ N	2^° 08′ 44.383″ E	42	51^° 55′ 37.835″ N	2^° 08′ 14.508″ E
43	51^° 53′ 42.962″ N	2^°01′ 36.868″ E	44	51^° 49′ 01.731″ N	2^° 01′ 29.385″ E
45	51^° 50′ 17.180″ N	2^° 06′ 34.867″ E	46	51^° 45′ 40.117″ N	2^° 05′ 09.101″ E
47	51^°43′ 22.529″ N	1^° 57′ 54.170″ E	48	51^° 43′ 58.800″ N	1^° 56′ 18.600″ E
49	51^° 45′ 31.800″ N	1^° 52′ 27.415″ E	50	51^° 46′ 51.579″ N	1^° 52′ 55.728″ E
51	51^° 47′ 45.600″ N	1^° 56′ 02.400″ E	52	51^° 45′ 57.600″ N	1^° 54′ 59.040″ E
53	51^° 44′ 12.004″ N	1^° 56′ 09.764″ E	54	51^° 44′ 03.295″ N	1^° 56′ 31.748″ E
55	51^° 45′ 14.400″ N	2^° 00′ 00.000″ E	56	51^° 46′ 28.672″ N	2^° 00′ 00.000″ E
57	51^° 48′ 39.346″ N	2^° 00′ 00.000″ E	58	51^° 48′ 48.664″ N	2^° 00′ 36.597″ E
59	51^° 53′ 27.719″ N	2^° 00′ 44.242″ E	60	51^° 53′ 15.002″ N	2^° 00′ 00.138″ E
61	51^° 58′ 42.600″ N	2^° 00′ 00.138″ E	62	51^° 58′ 42.616″ N	1^° 58′ 28.302″ E
63	51^° 58′ 42.616″ N	1^° 57′ 34.138″ E	64	51^° 58′ 42.600″ N	1^°56′ 02.667″ E
65	51^°59′ 15.255″ N	1^° 57′ 30.906″ E	66	51^° 59′ 22.686″ N	1^° 57′ 30.170″ E
67	52^° 01′ 01.179″ N	1^° 53′ 39.506″ E	68	52^° 01′ 28.919″ N	1^° 51′ 16.683″ E
69	52^° 01′ 36.462″ N	1^° 50′ 37.798″ E	70	52^° 02′ 03.097″ N	1^° 49′ 59.472″ E
71	52^° 04′ 08.838″ N	1^° 46′ 58.300″ E	72	52^° 05′ 32.520″ N	1^° 46′ 56.527″ E
73	52^° 06′ 33.520″ N	1^° 45′ 32.604″ E	74	52^° 07′ 04.673″ N	1^° 45′ 24.158″ E
75	52^° 08′ 35.786″ N	1^° 43′ 05.562″ E	76	52^° 12′ 06.924″ N	1^° 40′ 45.328″ E
77	52^° 12′ 08.338″ N	1^° 40′ 38.374″ E	78	52^° 12′ 09.091″ N	1^° 40′ 34.668″ E
79	52^° 12′ 10.453″ N	1^° 40′ 29.362″ E	80	52^° 12′ 10.658″ N	1^° 40′ 28.945″ E
81	52^° 12′ 10.947″ N	1^° 40′ 27.617″ E	82	52^° 12′ 11.334″ N	1^° 40′ 24.014″ E
83	52^° 12′ 11.585″ N	1^° 40′ 24.163″ E	84	52^° 12′ 12.420″ N	1^° 40′ 20.735″ E
85	52^° 12′ 12.713″ N	1^° 40′ 19.698″ E	86	52^° 12′ 12.978″ N	1^° 40′ 19.092″ E
87	52^° 12′ 13.722″ N	1^° 40′ 14.764″ E	88	52^° 12′ 14.592″ N	1^° 40′ 11.316″ E
89	52^° 12′ 14.726″ N	1^° 40′ 09.601″ E	90	52^° 12′ 16.655″ N	1^° 40′ 00.995″ E
91	52^° 12′ 18.548″ N	1^° 39′ 52.398″ E	92	52^° 12′ 19.617″ N	1^° 39′ 47.867″ E
93	52^° 12′ 20.133″ N	1^° 39′ 44.145″ E	94	52^° 12′ 21.264″ N	1^° 39′ 40.715″ E
95	52^° 12′ 22.455″ N	1^° 39′ 35.162″ E	96	52^° 12′ 22.647″ N	1^° 39′ 34.805″ E
97	52^° 12′ 23.511″ N	1^° 39′ 30.442″ E	98	52^° 12′ 24.413″ N	1^° 39′ 27.238″ E
99	52^° 12′ 24.629″ N	1^° 39′ 25.209″ E	100	52^° 12′ 25.271″ N	1^° 39′ 21.684″ E
101	52^° 12′ 25.717″ N	1^° 39′ 20.525″ E	102	52^° 12′ 26.377″ N	1^° 39′ 15.364″ E
103	52^°12′ 26.479″ N	1^°39′ 14.852″ E	104	52^° 12′ 26.591″ N	1^° 39′ 13.000″ E
105	52^° 12′ 26.726″ N	1^° 39′ 09.534″ E	106	52^° 12′ 27.156″ N	1^° 39′ 04.787″ E
107	52^° 12′ 27.336″ N	1^° 39′ 03.952″ E	108	52^°12′ 27.378″ N	1^° 39′ 02.849″ E
109	52^° 12′ 27.503″ N	1^° 39′ 01.729″ E	110	52^° 12′ 27.672″ N	1^° 38′ 59.184″ E
111	52^° 12′ 27.936″ N	1^° 38′ 56.895″ E	112	52^° 12′ 27.980″ N	1^° 38′ 54.459″ E
113	52^° 12′ 28.226″ N	1^° 38′ 52.855″ E	114	52^° 12′ 28.252″ N	1^°38′ 51.642″ E
115	52^°12′ 28.372″ N	1^° 38′ 51.228″ E	116	52^°12′ 28.438″ N	1^° 38′ 49.416″ E
117	52^° 12′ 28.801″ N	1^° 38′ 46.905″ E	118	52^° 12′ 28.941″ N	1^° 38′ 44.288″ E
119	52^° 12′ 28.845″ N	1^° 38′ 39.122″ E	120	52^° 12′ 28.858″ N	1^° 38′ 38.526″ E
121	52^° 12′ 28.608″ N	1^° 38′ 35.768″ E	122	52^° 12′ 28.426″ N	1^° 38′ 34.235″ E
123	52^° 12′ 28.155″ N	1^° 38′ 33.195″ E	124	52^° 12′ 27.765″ N	1^° 38′ 28.902″ E
125	52^° 12′ 27.466″ N	1^° 38′ 27.740″ E	126	52^° 12′ 26.843″ N	1^° 38′ 23.551″ E
127	52^° 12′ 26.282″ N	1^° 38′ 18.752″ E	128	52^° 12′ 25.310″ N	1^°38′ 13.007″ E
129	52^° 12′ 25.249″ N	1^° 38′ 11.139″ E	130	52^° 12′ 24.835″ N	1^°38′ 08.881″ E
131	52^° 12′ 24.783″ N	1^° 38′ 08.123″ E	132	52^° 12′ 24.514″ N	1^° 38′ 06.910″ E
133	52^° 12′ 24.191″ N	1^° 38′ 03.616″ E	134	52^° 12′ 23.841″ N	1^° 38′ 01.335″ E
135	52^° 12′ 23.181″ N	1^° 37′ 57.957″ E	136	52^° 12′ 22.595″ N	1^° 37′ 54.034″ E
137	52^°12′ 22.177″ N	1^°37′ 52.624″ E	138	52^° 12′ 21.193″ N	1^° 37′ 47.365″ E
139	52^° 12′ 20.325″ N	1^°37′ 42.850″ E	140	52^° 12′ 19.615″ N	1^° 37′ 37.741″ E
141	52^° 12′ 19.710″ N	1^° 37′ 32.227″ E	142	52^° 12′ 19.863″ N	1^° 37′ 28.535″ E
143	52^° 12′ 20.547″ N	1^° 37′ 22.637″ E	144	52^° 12′ 20.572″ N	1^° 37′ 21.805″ E

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

(a)iron/steel;

(b)stone and rock;

(c)concrete;

(d)sand;

(e)plastic/synthetic; and

(f)material extracted from within the offshore Order limits during construction drilling.

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 2004 Act(8), 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 2Conditions

Design parameters for wind turbines

1.—(1) No wind turbine generator forming part of the authorised scheme 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;

(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

2.—(1) The authorised scheme 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 condition 1(1); and

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

(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 scheme shall not exceed the Maximum WTG Number specified in the Approval Notice.

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

(8) For each wind turbine generator constructed as part of the authorised scheme, 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

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

Coordinates for restricted build area

Point	Latitude (DMS)	Longitude (DMS)	Point	Latitude (DMS)	Longitude (DMS)
1	51° 59′ 16.526″ N	2° 02′ 34.375″ E	2	51° 59′ 06.310″ N	2° 03′ 24.837″ E
3	51° 55′ 13.411″ N	2° 02′ 25.515″ E	4	51° 55′ 27.574″ N	2° 01′ 36.127″ E

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

(2) The dimensions of any offshore substation platform, accommodation platform or collection platform forming part of the authorised scheme (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.

5.—(1) The number of cables forming part of the authorised scheme 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 offshore Order limits plan shall not exceed three.

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

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

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

(2) Each monopile foundation forming part of the authorised scheme 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 scheme 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 scheme shall not comprise more than 101 WTG in total.

(5) Each space frame foundation forming part of the authorised scheme 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;

(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 scheme 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.

Notifications and inspections

7.—(1) The undertaker shall ensure that—

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

(i)all agents and contractors notified to the MMO in accordance with condition 14; and

(ii)the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 14;

(b)within 28 days of receipt of a copy of this licence those persons referred to at paragraph (a) shall provide a completed vessel confirmation form to the MMO confirming their understanding of the terms of the conditions of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 14 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 undertaker’s registered address;

(b)any site office located at or adjacent to the construction site and used by the undertaker 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 sub-paragraph (1)(a) shall be available for inspection by an enforcement officer at all reasonable times at the locations set out in sub-paragraph (3)(b).

(5) The undertaker 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 or MCA considers necessary to meet any mandatory health and safety requirements or to inspect the works during construction and operation of the authorised scheme.

(6) The undertaker 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 undertaker 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 undertaker shall ensure that—

(a)a notice to mariners is issued at least ten days prior to the commencement of the licensed activities advising of the start date of Work Nos. 1 and 2 (wind turbine generation station and offshore platforms) and the expected vessel routes from the local service ports to the turbine locations; and

(b)a second notice to mariners is issued advising of the commencement of Work No. 3 (subsea export cables) and the route of the subsea export cables.

(9) The undertaker shall ensure that the notices to mariners are updated and reissued at regular intervals agreed in advance with the MMO and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 10(2)(a). Copies of all notices shall be provided to the MMO.

(10) The undertaker must promptly notify—

(a)the UK Hydrographic Office of both the progress and completion 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.

Chemicals, drilling and debris

8.—(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(9), unless otherwise agreed in writing by the MMO.

(2) All protective coatings and paints shall be suitable for use in the marine environment. The use of such coatings shall accord with best environmental practice. Construction of the authorised scheme shall not commence until a document capturing the best environmental practice measures applicable to the authorised scheme has been approved by the MMO. The approved best practice measures shall apply unless otherwise agreed by the MMO. Any accidental spillages shall be reported to the MMO marine pollution response team.

(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% 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 approval, in consultation with Natural England and JNCC, 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 undertaker shall ensure that any debris arising from the construction of the authorised scheme or temporary works placed below MHWS are removed on completion of construction of the authorised scheme.

(6) At least two months prior to the commencement of the licensed activities the undertaker must submit to the MMO an audit sheet covering all aspects of the construction of the authorised scheme. 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) No licensed activities shall commence until the MMO has approved the audit sheet in writing.

(8) The audit sheet shall be maintained throughout the construction of the authorised scheme and any changes notified immediately to the MMO.

(9) In the event that the materials on the audit sheet cannot be accounted for the MMO will require the undertaker to carry out a side scan sonar survey to plot all obstructions across the offshore Order limits where construction works and related activities have been carried out.

(10) 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, as directed by the MMO in writing, at the undertaker’s expense.

Force majeure

9. If, due to stress of weather or any other cause the master of a vessel determines that it is necessary to deposit the authorised deposits outside of the Order limits because the safety of human life and/or of the vessel is threatened, within 48 hours full details of the circumstances of the deposit shall be notified in writing to the MMO.

Pre-construction plans and documentation

10.—(1) The licensed activities shall not commence until the documents specified in paragraphs (a) to (h) have been approved in writing by the MMO after consulting—

(a)in the case of sub-paragraph (2)(a)(iii), (c), (d), (e), (f) and (g), Natural England and JNCC;

(b)in the case of sub-paragraph (2)(h), English Heritage and, in respect of the foreshore only, Suffolk Coastal District Council;

(c)in the case of sub-paragraph (2)(b) and (g), the MCA and Trinity House;

(d)in relation to the foreshore in sub-paragraph (2)(g)(ii), the Environment Agency; and

(e)in the event that the stated dimensions specified in sub-paragraph (2)(g)(iv) are exceeded, EDF Energy.

(2) (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/monitoring, baseline report format and content, construction surveys/monitoring, post-construction surveys/monitoring and related reporting in accordance with conditions 16, 17 and 18;

(b)a scheme setting out proposed details of the authorised scheme, specifying the number, specifications and dimensions of all the proposed WTGs; the proposed foundation type for each WTG; the number, dimensions and foundation types for all proposed offshore platforms and meteorological masts and their expected foundation depth; the grid coordinates of the centre point of the proposed location for each WTG, offshore platform and meteorological mast; and the proposed layout of all cables;

(c)a construction method statement in accordance with the construction methods assessed in the environmental statement, including details of how the construction-related mitigation steps proposed in the environmental statement are to be delivered, except where such steps are detailed in another document under this condition, and including details of—

(i)drilling methods;

(ii)turbine, meteorological mast and substation installation, including scour protection;

(iii)cable installation, including cable landfall;

(iv)contractors;

(v)vessels and vessel transit corridors; and

(vi)associated works;

(d)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 assessment 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)a method statement for the taking of sediment samples;

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

(vi)any seasonal restrictions on construction works; and

(vii)locations of any archaeological exclusion zones agreed as part of the written scheme of investigation approved under paragraph (h) of this licence condition;

(e)a scour protection management plan providing details of the need, type, sources, quantity and installation methods for scour protection;

(f)a marine mammal mitigation programme at least four months prior to commencement of offshore construction, to include—

(i)a protocol for awareness raising of potential collision risk between vessels and marine mammals;

(ii)a protocol for avoiding collision events between vessels and marine mammals;

(iii)only where driven or part-driven pile foundations are proposed to be used, a protocol inclusive of a requirement for a soft start procedure to piling events;

(g)cable specification and installation plan in accordance with the methodology assessed in the environmental statement, to include—

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

(ii)a detailed cable laying plan for the offshore Order limits, including geotechnical data and cable laying techniques;

(iii)a cable burial risk assessment to inform cable burial depth;

(iv)a method of working for cable laying which results in a trench in the Coralline Crag with a width of no more than 1 metre and a depth of no more than 1.75 metres for each cable authorised to be installed across the Coralline Crag; and

(v)a relocation plan for Waverider Buoy and associated Trinity House Class 2 buoy (WMO ID: 62294) located at 52 12′ 28.8″ N, 001 41′ 04.8″ outside the offshore Order limits during cable installation, after consultation by the undertaker with Cefas and Trinity House;

(h)a written scheme of archaeological investigation in relation to the offshore Order limits seaward of MHWS in accordance with industry guidance and after discussions with English Heritage and Suffolk Coastal District Council, to inform the detailed delivery of the authorised scheme and to include—

(i)objectives and details of responsibilities of the undertaker, archaeological consultant, contractor and, where relevant, curator;

(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, and timetable, which is to be submitted to the MMO within four months of any survey being completed;

(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.

11. The undertaker shall ensure that a copy of any agreed archaeological report is deposited with the National Monuments Record, in accordance with the Online AccesS to the Index of archaeological investigationS (OASIS) system. If the report relates to the foreshore, the undertaker shall notify Suffolk County Council that the OASIS report has been submitted to the National Monuments Record.

12.—(1) Except with the prior approval of the MMO, each programme, statement, plan, protocol or scheme required to be approved under condition 10, must be submitted for approval at least four months prior to the intended start of construction, or survey. Any variation to the approved surveys under condition 10(2)(a)(iii) shall only be made following consultation with Natural England and JNCC.

(2) Any proposed variation to condition 10(2)(g)(iv) which would exceed the stated dimensions in that condition, shall only be agreed by the MMO after consultation with EDF Energy.

Seasonal restrictions

13.—(1) No piling of monopile foundations or other foundation piling in the course of construction of the authorised scheme shall take place in array area C during the relevant peak sole spawning season (the maximum period being 1st April to 15th May), unless otherwise agreed with the MMO, following consultation with Natural England and JNCC.

(2) No piling of monopile foundations or other foundation piling in the course of construction of the authorised scheme shall take place in array area B during the relevant peak herring spawning season (the maximum period being 1st November to 31st December), unless otherwise agreed with the MMO, following consultation with Natural England and JNCC.

Reporting of engaged agents, contractors and vessels

14.—(1) The undertaker shall provide the following information to the MMO—

(a)as soon as reasonably practicable in advance of their engagement in any licensed activities, the name and function of any agent or contractor appointed to engage in the licensed activities; and

(b)each week during the construction of the authorised scheme, a completed Hydrographic Note H102 listing the 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 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

15.—(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 sub-paragraphs (2) to (7).

(2) All motor powered vessels 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 approval of the Secretary of State.

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

(5) All vessels shall exhibit signals in accordance with the requirements of the International Regulations for the Prevention of Collisions at Sea.

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

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

Pre-construction monitoring

16.—(1) The undertaker shall, in discharging condition 10(2)(a), submit details for approval by the MMO of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report. 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 post-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement. 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) The pre-construction surveys shall comprise, in outline—

(a)a survey to determine the location, extent and composition of any benthic habitats of conservation and or economic importance (including Annex I habitats);

(b)a high resolution acoustic and debris survey of the areas within the offshore Order limits in which it is proposed to carry out construction works, including a 500 metre buffer area;

(c)an ornithological survey covering the areas within the offshore Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, which is required to test predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme; and

(d)a fish resource survey covering the areas within the offshore Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, which is required to test predictions in the environmental statement concerning key fish resource interests of relevance to the authorised scheme.

(3) The undertaker shall carry out the surveys approved under paragraph (1) and provide the baseline report to the MMO for approval four months prior to construction in the agreed format, unless otherwise agreed by the MMO, in consultation with Natural England and JNCC.

Construction monitoring

17.—(1) The undertaker shall, in discharging condition 10(2)(a), submit details for approval by the MMO of any proposed surveys or monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The survey proposals shall specify each survey’s objectives.

(2) The construction surveys and monitoring shall comprise, in outline, the noise monitoring referred to in paragraph (3) and an ornithological survey covering the areas within the offshore Order limits in which it is proposed to carry out construction works, and any wider areas, where appropriate, which is required to test predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme.

(3) Such monitoring shall include measurements of noise generated by the installation of the first four largest diameter monopile foundations (or other piles if monopile foundations are not used), following which the MMO will determine whether further noise monitoring is required.

(4) The undertaker shall carry out the construction surveys and reports approved under paragraph (1), including any further noise monitoring required in writing by the MMO, in the agreed format, unless otherwise agreed in writing with the MMO, in consultation with Natural England and JNCC.

(5) The results of the initial noise measurements provided in accordance with paragraph (4) shall be provided to the MMO within six weeks of the installation of the first relevant monopile foundation piece, or other pile if monopile foundations are not used. The assessment of this report by the MMO shall determine whether any further noise monitoring is required. In the event that the reported noise levels are significantly in excess of those predicted in the environmental statement and this conclusion is notified to the undertaker by the MMO in writing with a clear written instruction to stop pile installation as a consequence, then further pile installation shall only be carried out with the prior written approval of the MMO.

Post construction

18.—(1) The undertaker shall, in discharging condition 10(2)(a), submit details for approval by the MMO of proposed post-construction surveys, including methodologies and timings, and 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 valid comparison with the pre-construction position and enable the validation or otherwise of key predictions in the environmental statement.

(2) The post-construction surveys shall comprise, in outline—

(a)a survey to determine the location, extent and composition of any benthic habitats of conservation and/or economic importance (including Annex I habitats), to validate predictions made in the environmental statement;

(b)an ornithological survey covering the area(s) within the offshore Order limits in which construction works were carried out, 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 high resolution acoustic survey undertaken within the first six months following completion of construction and after any major storm event (a greater than 1 in 10 year wave event within the Order limits seaward of MHWS in terms of a wave height measured from the Sizewell Waverider buoy (WMO ID: 62294)) within the order limits in which construction works were carried out to assess any changes to bedform morphology; and

(d)a fish resource survey covering the area(s) within the offshore Order limits in which construction works were carried out, and any wider area(s) where appropriate, which is required to test predictions in the environmental statement concerning key fish resource interests of relevance to the authorised scheme.

(3) The undertaker shall carry out the surveys approved under paragraph (1) and provide the agreed reports in the agreed format, unless otherwise agreed with the MMO, in consultation with Natural England and JNCC.

Offshore decommissioning

19. This licence does not permit the decommissioning of the authorised scheme. No authorised decommissioning activity shall commence until a written decommissioning programme in accordance with an approved programme under section 105(2) of the 2004 Act, has been submitted to the Secretary of State for approval. Furthermore, at least four months prior to carrying out any such works, the undertaker shall notify the MMO of the proposed decommissioning activity to establish whether a marine licence is required for such works.

Requirement for written approval

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

Article 13

SCHEDULE 3Streets subject to street works

(1) Area	(2) Street subject to street works
District of Suffolk Coastal	Sizewell Gap at reference point C
District of Suffolk Coastal	Unnamed street at reference point B

(1)

Area

(2)

Street subject to street works

District of Suffolk Coastal

Sizewell Gap at reference point C

District of Suffolk Coastal

Unnamed street at reference point B

Article 18

SCHEDULE 4Land in which only new rights etc., may be acquired

(1) Number of land shown on land plans	(2) Purpose for which rights may be acquired
26	Right of access for vehicles and pedestrians at all times.
119	Right to oversail with vehicles.
123, 144	Right of access for vehicles and pedestrians at all times.

(1)

Number of land shown on land plans

(2)

Purpose for which rights may be acquired

Right of access for vehicles and pedestrians at all times.

119

Right to oversail with vehicles.

123, 144

Right of access for vehicles and pedestrians at all times.

Article 23

SCHEDULE 5Land of which temporary possession may be taken

(1) Area	(2) Number of land shown on land plan	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the Authorised project
County of Suffolk, district of Suffolk Coastal	14	Working site and access	Work No. 4
County of Suffolk, district of Suffolk Coastal	29	Working site	Work No. 5
County of Suffolk, district of Suffolk Coastal	35, 36, 38, 47, 48, 118	Access	Work Nos. 6, 7, 9A, 9B, 10A, 10B, 11 and 12
County of Suffolk, district of Suffolk Coastal	85	Working site and access	Work No. 7
County of Suffolk, district of Suffolk Coastal	42, 43, 46, 50, 51	Working site and access	Work No. 7
County of Suffolk, district of Suffolk Coastal	161, 163, 165, 167, 170, 171, 175	Crane jib oversail	Work No. 9A
County of Suffolk, district of Suffolk Coastal	141, 142, 143	Crane jib oversail	Work No. 9B
County of Suffolk, district of Suffolk Coastal	87	Working site and access	Work Nos. 10A and 10B
County of Suffolk, district of Suffolk Coastal	106	Working site and access	Work Nos. 6, 11 and 12
County of Suffolk, district of Suffolk Coastal	120	Habitat creation	Work Nos. 3B to 12

Article 25

SCHEDULE 6

PART 1For the protection of specified undertakers

1. For the protection of the utility undertakers referred to in this Schedule the following provisions shall, unless otherwise agreed in writing between the undertaker and the utility undertakers concerned, have effect.

2. In this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—

(a)

in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(10)) belonging to or maintained by that undertaker;

(b)

in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

(c)

in the case of a water undertaker—

(i)

mains, pipes or other apparatus belonging to, or maintained by, the undertaker for the purposes of water supply; and

(ii)

any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991(11);

(d)

in the case of a sewerage undertaker—

(i)

any drain or works vested in the undertaker under the Water Industry Act 1991; and

(ii)

any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act,

and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

“utility undertaker” means—

(a)

any licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986(12);

(c)

a water undertaker within the meaning of the Water Industry Act 1991; and

(d)

a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,

for the area of the works authorised by the Order, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

3. This Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 of the Water Industry Act 1991.

4. Regardless of any provision in this Order or anything shown on the land plan the undertaker shall not acquire any apparatus other than by agreement.

5.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this Schedule and any right of a utility undertaker to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question.

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it shall give to the utility undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker shall, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and for the subsequent maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question shall, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Schedule shall be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 31 (arbitration).

(5) The utility undertaker in question shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 31, and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that it desires itself to execute any work to which this sub-paragraph applies, that work, instead of being executed by the utility undertaker, shall be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

(7) Sub-paragraph (6) applies to any part of any work necessary in connection with construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land of the undertaker.

(8) Nothing in sub-paragraph (6) shall authorise the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

6.—(1) Where, in accordance with the provisions of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 31 (arbitration).

(2) In settling those terms and conditions in respect of the alternative apparatus to be constructed in or along any railway, the arbitrator shall—

(a)give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the undertaker or the traffic on the railway; and

(b)so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the railway for which the alternative apparatus is to be substituted.

(3) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and right enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator shall make such provision for the payment of compensation by the undertaker to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

7.—(1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 6(2), the undertaker shall submit to the utility undertaker in question a plan, section and description of the works to be executed.

(2) Those works shall be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and an officer of the utility undertaker shall be entitled to watch and inspect the execution of those works.

(3) Any requirements made by the undertaker under sub-paragraph (2) shall be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 5 and 6 shall apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).

(5) Nothing in this paragraph shall preclude the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan, section and description.

(6) The undertaker shall not be required to comply with sub-paragraph (1) in a case of emergency but in that case it shall give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonable practicable subsequently and shall comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

8.—(1) If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the undertaker shall provide such alternative means of access to such apparatus as will enable the undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

(2) Subject to the following provisions of this paragraph, the undertaker shall repay to a utility undertaker the reasonable expenses incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 5(2).

(3) There shall be deducted from any sum payable under sub-paragraph (2) the value of any apparatus removed under the provisions of this Schedule, that value being calculated after removal.

(4) If in accordance with the provisions of this Schedule—

(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 31 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertaker in question by virtue of sub-paragraph (2), shall be reduced by the amount of that excess.

(5) For the purposes of sub-paragraph (4)—

(a)an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as placing of apparatus of greater dimensions than those of the existing Apparatus; and

(b)where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

(6) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (2) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

9.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker shall—

(a)bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

(b)make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) shall impose any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

(3) A utility undertaker shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the undertaker, which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

PART 2For the protection of EDF Energy

1. The following provisions of Part 2 of this Schedule shall have effect for the protection of EDF Energy in addition to the provisions of Part 1 of this Schedule.

Sizewell C proposed intake infrastructure

2.—(1) Save for urgent reasons of vessel safety and subject to sub-paragraph (3), the undertaker shall not carry out any of the authorised project (including the placement temporary or otherwise of anchors or moorings) within the areas coloured red on Plan number GWF 888 R3 Rev 3 (BEEMS-MS0345) each being a radius of 250 metres from a central point of—

(a)Intake I3B 650726E 264262N

DMS 52° 13′ 10.045″ N 1° 40′ 9.404″ E; and

(b)Intake I4B 650526E 263361

DMS 52° 12′ 41.271″ N 1° 39′ 56.487″ E.

(2) Save for urgent reasons of vessel safety the undertaker shall not undertake any of the authorised project within the areas coloured orange on Plan number GWF 888 R3 Rev 3 (BEEMS-MS0345) each being a radius of 250 metres to 500 metres from a central point of—

(a)Intake I3B 650726E 264262N

DMS 52° 13′ 10.045″ N 1° 40′ 9.404″ E; and

(b)Intake I4B 650526E 263361

DMS 52° 12′ 41.271″ N 1° 39′ 56.487″ E

without having first submitted to and secured approval from EDF Energy details of the proposed method of working within these areas (such approval not to be unreasonably withheld or delayed) and thereafter the undertaker shall implement the authorised project in full accordance with such approved details.

(3) Nothing in this paragraph shall prevent the passage of vessels within the area specified in sub-paragraph (1) prior to the construction of any works within that location by EDF Energy or the passage of vessels within the area specified in sub-paragraph (2) at any time.

Quality of Sizewell B cooling water intake

3. Save for urgent reasons of vessel safety which mean there is insufficient time to comply with sub-paragraph (a), in which case the undertaker shall use its reasonable endeavours to contact EDF Energy immediately, to inform of non-compliance, by a mechanism previously agreed in writing with EDF Energy—

(a)all tug operations relating to anchor laying and barge manoeuvring carried out in water of depth less than twice the draft of the tugs being used by the undertaker west of 01° 38′ 55.478″ E, south of 52° 14′ 12.332″ N and north of 52° 11′ 15.619″ N as shown on drawing GWF 890 R3 Rev3 (BEEMS-MS0357A) will be restricted as follows—

(i)for the area south of a line starting at the Intersection Point and running to the shore through WGS84 lat/long 52° 12′ 53.086″ N, 01° 38′ 00.049″ E (the “Dividing Line”), operations shall only be undertaken within periods of flood tide and +/- 1 hour adjoining slack high and slack low water periods;

(ii)for the area north of the Dividing Line, operations shall only be undertaken within periods of ebb tide and +/- 1 hour adjoining slack high and slack low water periods;

(b)this restriction in this paragraph applies unless EDF Energy otherwise agrees in writing either a modification of the procedure described above or an alternative protective measure relating to anchor laying and barge manoeuvring within the area west of 01° 38′ 55.478″ E, south of 52° 14′ 12.332″ N and north of 52° 11′ 15.619″ N shown on the plan and that alternative method is shown to be of no greater risk to the Sizewell B intake and its function (such agreement not to be unreasonably withheld or delayed);

(c)the “Intersection Point” means the point where the line marked B to C on drawing GWF 890 R3 Rev3 (BEEMS-MS0357A) intersects with the northern boundary of the Order limits seaward of MHWS;

(d)sub-paragraph (a) does not apply to vessels in transit.

Buffer zone for Sizewell B offshore infrastructure

4.—(1) No part of the works for the authorised project shall take place using vessels allied with those works within a buffer zone extending 300 metres from the Sizewell B cooling water intake and outfall and associated seabed culverts (as shown on drawing GWF 887 R3 Rev3 (BEEMS-MS0359A)) nor shall any anchor be placed within or chains or cables laid across that buffer zone during the course of such works unless the undertaker obtains the prior approval of EDF Energy (not to be unreasonably withheld or delayed) to the placement of such anchor or chains or cables within the buffer zone.

(2) The relevant centre point positions for the 300 metre buffer zone are—

(a)SZB cooling water intake—

WGS84 lat long: 52° 12′ 53.086″ N, 01° 38′ 00.049″ E;

(b)the associated subseabed culvert runs from that position through MHWS at—

WGS84 lat long: 52° 12′ 50.742″ N, 01° 37′ 24.643″ E;

(c)SZB cooling water outfall—

WGS84 lat long: 52° 12′ 54.965″ N, 01° 37′ 35.792″ E;

(d)the associated subseabed culvert runs from that position through MHWS at—

WGS84 lat long: 52° 12′ 53.399″ N, 01° 37′ 24.647″ E.

(1)

1982 c. 16.

(2)

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

(3)

(4)

(5)

(6)

(7)

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

(8)

2004 c. 20.

(9)

S.I. 2002/1355 as amended by S.I. 2011/982.

(10)

1989 c. 29.

(11)

1991 c. 56. Section 51A to the 1991 Act was inserted by section 92(1) of the Water Act 2003(c. 37).

(12)

1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27).

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The Galloper Wind Farm Order 2013

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SCHEDULE 1Authorised project

PART 1Authorised development

Coordinates for the array areas

Coordinates for the Order limits seaward of MHWS

PART 2Ancillary works

PART 3Requirements

Interpretation

Time limits

Design parameters for wind turbines

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

Further offshore design requirements

Coordinates for restricted build area

Offshore safety management

Aids to navigation

Provision against danger to navigation

Offshore decommissioning

Stages of authorised development onshore

Detailed design approval onshore

Provision of landscaping

Implementation and maintenance of landscaping

Fencing and other means of enclosure

Surface and foul water drainage

Archaeology

Ecological management plan

Construction code of practice

Construction hours

Control of noise during operational phase

Control of artificial light emissions

Detailed emergency response plan

European protected species

Restoration of land used temporarily for construction

Interference with telecommunications

Onshore decommissioning

Requirement for written approval

Amendments to approved details

SCHEDULE 2Deemed licence under the Marine and Coastal Access Act 2009

PART 1Licensed marine activities

Interpretation

Details of licensed marine activities

Coordinates for the array areas

Coordinates for the offshore Order limits

PART 2Conditions

Design parameters for wind turbines

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

Further offshore design requirements

Coordinates for restricted build area

Notifications and inspections

Chemicals, drilling and debris

Force majeure

Pre-construction plans and documentation

Seasonal restrictions

Reporting of engaged agents, contractors and vessels

Equipment and operation of vessels engaged in licensed activities

Pre-construction monitoring

Construction monitoring

Post construction

Offshore decommissioning

Requirement for written approval

SCHEDULE 3Streets subject to street works

SCHEDULE 4Land in which only new rights etc., may be acquired

SCHEDULE 5Land of which temporary possession may be taken

SCHEDULE 6

PART 1For the protection of specified undertakers

PART 2For the protection of EDF Energy

Sizewell C proposed intake infrastructure

Quality of Sizewell B cooling water intake

Buffer zone for Sizewell B offshore infrastructure

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