SCHEDULES

Article 3

SCHEDULE 1Authorised Project

PART 1Authorised development

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

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

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

(a)

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

(b)

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

(i)

with each other;

(ii)

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

(iii)

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

(c)

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

Table 1: Co-ordinates for Wind Farm Area 1 (limits of deviation for Work No. 1)

Point	Latitude	Longitude
1	53° 58′ 42.179″ N	1° 44′ 31.880″ E
2	53° 55′ 46.445″ N	1° 47′ 47.796″ E
3	53° 56′ 22.870″ N	1° 51′ 57.409″ E
4	53° 55′ 31.318″ N	1° 52′ 54.282″ E
5	53° 49′ 58.944″ N	1° 58′ 59.804″ E
6	53° 50′ 5.118″ N	1° 38′ 58.430″ E
7	53° 55′ 9.293″ N	1° 39′ 52.024″ E
8	53° 56′ 3.228″ N	1° 41′ 0.143″ E
9	53° 56′ 29.670″ N	1° 43′ 45.592″ E
10	53° 58′ 17.828″ N	1° 41′ 46.795″ E

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

(a)

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

(b)

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

(i)

with each other;

(ii)

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

(iii)

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

(c)

Table 2: Co-ordinates for Wind Farm Area 2 (limits of deviation for Work No. 2)

Point	Latitude	Longitude
1	53° 55′ 31.318″ N	1° 52′ 54.282″ E
2	53° 55′ 37.592″ N	1° 53′ 38.108″ E
3	53° 55′ 23.329″ N	1° 55′ 20.262″ E
4	53° 55′ 8.162″ N	1° 56′ 10.619″ E
5	53° 55′ 35.429″ N	1° 59′ 20.944″ E
6	53° 55′ 2.525″ N	1° 59′ 45.776″ E
7	53° 55′ 22.663″ N	2° 2′ 14.219″ E
8	53° 56′ 16.303″ N	2° 1′ 15.269″ E
9	53° 56′ 46.586″ N	2° 5′ 4.031″ E
10	53° 57′ 12.481″ N	2° 4′ 32.376″ E
11	53° 57′ 24.509″ N	2° 6′ 6.700″ E
12	53° 50′ 10.018″ N	2° 13′ 57.158″ E
13	53° 49′ 14.297″ N	2° 11′36.820″ E
14	53° 49′ 58.584″ N	1° 59′ 54.762″ E
15	53° 49′ 58.944″ N	1° 58′ 59.804″ E

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

(a)

up to 80 wind turbine generators fixed to the seabed;

(b)

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

(i)

with each other;

(ii)

within any other structure located within Wind Farm Area 3; and

(iii)

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

(c)

Table 3: Co-ordinates for Wind Farm Area 3 (limits of deviation for Work No. 3)

Point	Latitude	Longitude
1	53° 55′ 46.445″ N	1° 47′ 47.796″ E
2	53° 56′ 22.870″ N	1° 51′ 57.409″ E
3	53° 55′ 31.318″ N	1° 52′ 54.282″ E
4	53° 55′ 37.592″ N	1° 53′ 38.108″ E
5	53° 55′ 23.329″ N	1° 55′ 20.262″ E
6	53° 55′ 8.162″ N	1° 56′ 10.619″ E
7	53° 55′ 27.264″ N	1° 58′ 23.884″ E
8	53° 55′ 20.760″ N	1° 58′ 30.994″ E
9	53° 49′ 44.770″ N	2° 4′ 37.254″ E
10	53° 49′ 40.620″ N	2° 4′ 41.765″ E
11	53° 49′ 58.584″ N	1° 59′ 54.762″ E
12	53° 49′ 58.944″ N	1° 58′ 59.804″ E
13	53° 50′ 0.845″ N	1° 53′ 51.856″ E
14	53° 50′ 1.222″ N	1° 53′ 51.441″ E
15	53° 55′ 44.123″ N	1° 47′ 31.921″ E

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

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

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

Offshore works

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

Table 4: Limits of deviation for Work No. 4

Point	Latitude	Longitude
1	53° 58′ 42.179″ N	1° 44′ 31.880″ E
2	53° 55′ 46.445″ N	1° 47′ 47.796″ E
3	53° 56′ 22.870″ N	1° 51′ 57.409″ E
4	53° 55′ 31.318″ N	1° 52′ 54.282″ E
5	53° 55′ 37.592″ N	1° 53′ 38.108″ E
6	53° 55′ 23.329″ N	1° 55′ 20.262″ E
7	53° 55′ 8.162″ N	1° 56′ 10.619″ E
8	53° 55′ 35.429″ N	1° 59′ 20.944″ E
9	53° 55′ 2.525″ N	1° 59′ 45.776″ E
10	53° 55′ 22.663″ N	2° 2′ 14.219″ E
11	53° 56′ 16.303″ N	2° 1′ 15.269″ E
12	53° 56′ 46.586″ N	2° 5′ 4.031″ E
13	53° 57′ 12.481″ N	2° 4′ 32.376″ E
14	53° 57′ 24.509″ N	2° 6′ 6.700″ E
15	53° 50′ 10.018″ N	2° 13′ 57.158″ E
16	53° 49′ 14.297″ N	2° 11′ 36.820″ E
17	53° 49′ 58.584″ N	1° 59′ 54.762″ E
18	53° 49′ 58.944″ N	1° 58′ 59.804″ E
19	53° 50′ 5.118″ N	1° 38′ 58.430″ E
20	53° 55′ 9.293″ N	1° 39′ 52.024″ E
21	53° 56′ 3.228″ N	1° 41′ 0.143″ E
22	53° 56′ 29.670″ N	1° 43′ 45.592″ E
23	53° 58′ 17.828″ N	1° 41′ 46.795″ E

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

Table 5: Limits of deviation for Work No. 5

Point	Latitude	Longitude
1	53° 37′ 47.368″ N	0° 56′ 9.446″ E
2	53° 37′ 47.217″ N	0° 56′ 12.482″ E
3	53° 37′ 46.669″ N	0° 56′ 15.386″ E
4	53° 37′ 45.750″ N	0° 56′ 18.012″ E
5	53° 37′ 44.507″ N	0° 56′ 20.228″ E
6	53° 37′ 43.002″ N	0° 56′ 21.923″ E
7	53° 37′ 41.311″ N	0° 56′ 23.012″ E
8	53° 37′ 39.518″ N	0° 56′ 23.440″ E
9	53° 37′ 37.713″ N	0° 56′ 23.187″ E
10	53° 37′ 35.987″ N	0° 56′ 22.264″ E
11	53° 37′ 34.426″ N	0° 56′ 20.719″ E
12	53° 37′ 33.109″ N	0° 56′ 18.628″ E
13	53° 37′ 32.101″ N	0° 56′ 16.096″ E
14	53° 37′ 31.454″ N	0° 56′ 13.251″ E
15	53° 37′ 31.199″ N	0° 56′ 10.235″ E
16	53° 37′ 31.349″ N	0° 56′ 7.199″ E
17	53° 37′ 31.898″ N	0° 56′ 4.295″ E
18	53° 37′ 32.816″ N	0° 56′ 1.670″ E
19	53° 37′ 34.059″ N	0° 55′ 59.454″ E
20	53° 37′ 35.564″ N	0° 55′ 57.759″ E
21	53° 37′ 37.255″ N	0° 55′ 56.669″ E
22	53° 37′ 39.048″ N	0° 55′ 56.240″ E
23	53° 37′ 40.853″ N	0° 55′ 56.493″ E
24	53° 37′ 42.579″ N	0° 55′ 57.416″ E
25	53° 37′ 44.140″ N	0° 55′ 58.961″ E
26	53° 37′ 45.458″ N	0° 56′ 1.052″ E
27	53° 37′ 46.465″ N	0° 56′ 3.584″ E
28	53° 37′ 47.113″ N	0° 56′ 6.429″ E

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

(a)

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

(b)

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

(c)

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

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

Table 6: Limits of deviation for the marine export cable area

Point	Latitude	Longitude
1	53° 58′ 42.179″ N	1° 44′ 31.880″ E
2	53° 55′ 46.445″ N	1° 47′ 47.796″ E
3	53° 56′ 22.870″ N	1° 51′ 57.409″ E
4	53° 55′ 31.318″ N	1° 52′ 54.282″ E
5	53° 55′ 37.592″ N	1° 53′ 38.108″ E
6	53° 55′ 23.329″ N	1° 55′ 20.262″ E
7	53° 55′ 8.162″ N	1° 56′ 10.619″ E
8	53° 55′ 35.429″ N	1° 59′ 20.944″ E
9	53° 55′ 2.525″ N	1° 59′ 45.776″ E
10	53° 55′ 22.663″ N	2° 2′ 14.219″ E
11	53° 56′ 16.303″ N	2° 1′ 15.269″ E
12	53° 56′ 46.586″ N	2° 5′ 4.031″ E
13	53° 57′ 12.481″ N	2° 4′ 32.376″ E
14	53° 57′ 24.509″ N	2° 6′ 6.700″ E
15	53° 50′ 10.018″ N	2° 13′ 57.158″ E
16	53° 49′ 14.297″ N	2° 11′ 36.820″ E
18	53° 48′ 24.484″ N	2° 10′ 40.243″ E
19	53° 48′ 17.722″ N	2° 7′ 38.708″ E
22	53° 48′ 51.983″ N	2° 0′ 20.504″ E
24	53° 48′ 48.527″ N	1° 56′ 7.168″ E
27	53° 48′ 10.932″ N	1° 53′ 5.208″ E
30	53° 47′ 39.535″ N	1° 46′ 16.691″ E
33	53° 46′ 9.387″ N	1° 38′ 58.729″ E
37	53° 46′ 4.677″ N	1° 37′ 22.711″ E
39	53° 44′ 47.813″ N	1° 28′ 38.495″ E
44	53° 44′ 47.743″ N	1° 27′ 26.607″ E
46	53° 44′ 36.477″ N	1° 25′ 23.743″ E
153	53° 42′ 30.629″ N	1° 15′ 58.654″ E
164	53° 42′ 28.182″ N	1° 14′ 34.895″ E
276	53° 39′ 35.134″ N	1° 6′ 29.785″ E
328	53° 38′ 17.582″ N	1° 2′ 16.928″ E
459	53° 36′ 54.624″ N	0° 51′ 31.062″ E
461	53° 36′ 15.738″ N	0° 48′ 52.425″ E
525	53° 35′ 21.166″ N	0° 43′ 44.242″ E
527	53° 31′ 50.425″ N	0° 40′ 55.898″ E
528	53° 31′ 38.281″ N	0° 40′ 8.340″ E
533	53° 28′ 36.676″ N	0° 20′ 3.846″ E
544	53° 31′ 43.122″ N	0° 12′ 21.707″ E
545	53° 30′ 57.432″ N	0° 5′ 59.890″ E
546	53° 30′ 35.438″ N	0° 5′ 23.202″ E
547	53° 30′ 42.212″ N	0° 5′ 9.948″ E
549	53° 31′ 36.033″ N	0° 6′ 10.831″ E
588	53° 32′ 16.976″ N	0° 12′ 37.072″ E
771	53° 29′ 11.523″ N	0° 20′ 5.981″ E
1009	53° 31′ 28.589″ N	0° 35′ 44.348″ E
1010	53° 32′ 0.855″ N	0° 37′ 42.781″ E
1011	53° 32′ 17.793″ N	0° 39′ 31.883″ E
1012	53° 32′ 35.749″ N	0° 39′ 45.737″ E
1013	53° 33′ 8.117″ N	0° 39′ 47.665″ E
1014	53° 34′ 28.861″ N	0° 41′ 27.396″ E
1015	53° 35′ 42.522″ N	0° 42′ 37.802″ E
1018	53° 36′ 25.571″ N	0° 43′ 54.129″ E
1089	53° 37′ 2.569″ N	0° 47′ 31.846″ E
1091	53° 37′ 30.986″ N	0° 49′ 14.023″ E
1094	53° 37′ 29.991″ N	0° 51′ 27.606″ E
1095	53° 37′ 36.904″ N	0° 52′ 22.841″ E
1119	53° 38′ 45.654″ N	0° 57′ 1.237″ E
1151	53° 39′ 16.652″ N	1° 1′ 1.016″ E
1157	53° 39′ 42.566″ N	1° 1′ 40.167″ E
1163	53° 41′ 20.037″ N	1° 6′ 45.836″ E
1165	53° 42′ 59.843″ N	1° 14′ 18.127″ E
1172	53° 43′ 0.151″ N	1° 15′ 37.960″ E
1173	53° 45′ 6.659″ N	1° 25′ 3.239″ E
1174	53° 45′ 19.169″ N	1° 27′ 18.352″ E
1189	53° 45′ 20.249″ N	1° 28′ 32.601″ E
1256	53° 46′ 36.946″ N	1° 36′ 57.722″ E
1270	53° 46′ 40.338″ N	1° 38′ 22.735″ E
1272	53° 50′ 5.118″ N	1° 38′ 58.430″ E
1273	53° 55′ 9.293″ N	1° 39′ 52.024″ E
1274	53° 56′ 3.228″ N	1° 41′ 0.143″ E
1275	53° 56′ 29.670″ N	1° 43′ 45.592″ E
1276	53° 58′ 17.828″ N	1° 41′ 46.795″ E

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

Onshore works
- Work No. 8 — up to four underground electrical circuit transition joint bays in the vicinity of Horseshoe Point in the parish of North Coates in the county of Lincolnshire, housing the connections between the offshore and the onshore electrical circuits.
- Work No. 9 — a connection consisting of two underground transmission electrical circuits if the mode of transmission is HVDC and up to four underground transmission electrical circuits if the mode of transmission is HVAC. The connection proceeds—
  (a)
  from Work No. 8 at co-ordinate: Easting 537791, Northing 402441; to
  (b)
  Work No. 10 at co-ordinate: Easting 514992, Northing 419274.
- Work No. 10 — an electrical transmission station including a building abutting an open yard (which may be partitioned with concrete or steel walls or fences containing switchgear, electrical reactors and other electrical equipment) on land adjoining the North Killingholme National Grid substation. If the electrical circuits comprised in Works Nos. 6, 7 and 9 are HVDC, the electrical transmission station will include facilities to convert the current to HVAC.
- Work No. 11 — a connection consisting of up to two underground electrical circuits between Work No. 10 and the North Killingholme National Grid substation, including a connection above ground and electrical engineering works within the National Grid substation buildings and compound.
- Work No. 12 — improvements to the verge, highway and private access road running north from Chase Hill Road between the junction with Haven Road in the east and Eastfield Road in the west.

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

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

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

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

(d)dredging;

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

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

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

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

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

(j)works to secure means of access;

(k)works to construct surface water drainage systems;

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

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

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

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

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

PART 2Ancillary works

Works and operations within the Order limits comprising—

(a)temporary anchorage of vessels; and

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

PART 3Requirements

Time limits

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

Detailed design parameters

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

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

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

(c)exceed a rotor diameter of 178 metres;

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

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

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

(a)exceed 60 metres in height above MHWS;

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

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

(a)exceed 63 metres in height above MHWS;

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

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

(a)exceed 60 metres in height above MHWS;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a)exceed 24 metres in height;

(b)exceed 80 metres in width;

(c)exceed 120 metres in length.

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

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

Colour and lighting

3. Except as otherwise required by Trinity House under Condition 6A of the deemed marine licences set out in Schedule 8, the undertaker must exhibit such lights, with such shape, colour and character as required by Air Navigation Order 2009(1) or as directed by the Civil Aviation Authority or the Secretary of State for Defence.

Foundation methods

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

(a)monopile foundations;

(b)jacket foundations supported by piles; or

(c)gravity base foundations.

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

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

(a)where monopile foundations are used—

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

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

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

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

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

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

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

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

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

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

(d)where gravity base foundations are used—

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

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

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

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

(a)where monopile foundations are used—

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

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

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

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

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

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

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

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

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

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

(d)where gravity base foundations are used—

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

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

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

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

(a)where monopile foundations are used—

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

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

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

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

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

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

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

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

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

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

(d)where gravity base foundations are used—

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

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

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

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

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

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

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

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

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

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

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

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

(c)where gravity base foundations are used—

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

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

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

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

(a)where monopile foundations are used—

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

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

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

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

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

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

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

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

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

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

(d)where gravity base foundations are used—

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

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

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

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

Archaeology above mean low water level

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

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

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

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

Ecological management plan above mean low water level

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

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

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

Code of Construction Practice

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

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

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

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

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

(e)a construction traffic management plan;

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

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

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

(i)a communication plan;

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

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

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

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

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

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

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

(v)responsibility and timescales for implementing proposed measures;

(vi)targets for vehicle trips and modal splits;

(vii)formal monitoring regime for those targets; and

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

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

Landscaping

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

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

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

(b)proposed finished ground levels;

(c)hard surfacing materials;

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

Implementation and maintenance of landscaping

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

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

Decommissioning

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

Highway accesses

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

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

Contaminated land and groundwater

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

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

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

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

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

Surface water drainage

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

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

Colour and detailed design approval – electrical transmission station

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

Bluebell (RAL Code 270 50 30)
Lilac (RAL Code 270 60 25)
Chalk Blue (RAL Code 270 70 20)
Baltic Blue (RAL Code 270 80 15)
White Lilac (RAL Code 270 85 10)
Blue White (RAL Code 270 90 05)

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

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

Prohibited access

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

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

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

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

Port traffic management plan

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

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

(3) For the purposes of this requirement—

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

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

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

Co-operation

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

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

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

Control of noise during operational phase

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

Employment and skills plan

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

(2) The plan must include—

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

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

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

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

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

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

North Coates airfield

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

Requirement for written approval

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

Amendments to approved details

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

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

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

Article 6

SCHEDULE 2Streets subject to street works

(1)	(2)
Area	Streets subject to street works
District of East Lindsey	Permissive Footpath along Sea Wall
District of East Lindsey	Unnamed highway north of Sheep Marsh Lane providing access to Poplar Piggeries and area to the north
District of East Lindsey	Sea Lane
District of East Lindsey	Tetn/19/1 (Public Footpath)
District of East Lindsey	North Coates Road
District of East Lindsey	Tetn/13/5 (Public Footpath)
District of East Lindsey	Unnamed highway east of New Delights access
District of East Lindsey	Tetney Lock Road
District of East Lindsey	Humberston Road
District of East Lindsey	Tetn/14/4 (Public Footpath)
District of East Lindsey	Holton Road
District of East Lindsey	HoLC/5/4 (Public Footpath)
District of East Lindsey	Station Road
District of East Lindsey	HoLC/4/1 (Public Footpath)
District of East Lindsey	Louth Road (A16)
District of East Lindsey	HoLC/10/1 (Public Footpath)
District of East Lindsey	Tetn/343/1 (Public Footpath)
District of East Lindsey	Tetn/12/5 (Public Footpath)
North East Lincolnshire	FP84 (Public Footpath)
North East Lincolnshire	Waithe Lane
North East Lincolnshire	Waithe Lane
North East Lincolnshire	BW75 (Public Bridleway)
North East Lincolnshire	Waltham Road (B1203)
North East Lincolnshire	Waltham Road (C148)
North East Lincolnshire	FP95 (Public Footpath)
North East Lincolnshire	Bradley Road
North East Lincolnshire	BW93 (Public Bridleway)
North East Lincolnshire	BW97 (Public Bridleway)
North East Lincolnshire	FP96 (Public Footpath)
North East Lincolnshire	Grimsby Road (A46)
North East Lincolnshire	FP103 (Public Footpath)
North East Lincolnshire	FP110 (Public Footpath)
North East Lincolnshire	Aylesby Road
North East Lincolnshire	BW108 (Public Bridleway)
North East Lincolnshire	Beech Holt Lane/Nooking Lane
District of West Lindsey	Wells Road
North East Lincolnshire	Riby Road (A1173)
North East Lincolnshire	FP26 (Public Footpath)
North East Lincolnshire	Keelby Road
North East Lincolnshire	Roxton Road
North East Lincolnshire	Station Road (B1210)
North East Lincolnshire	Immingham Road (B1210)
North East Lincolnshire	FP8 (Public Footpath)
North East Lincolnshire	FP7 (Public Footpath)
North East Lincolnshire	Killingholme Road
North East Lincolnshire	FP24 (Public Footpath)
North East Lincolnshire	FP4 (Public Footpath)
North East Lincolnshire	A180
North Lincolnshire Council	94 (Public Footpath)
North Lincolnshire Council	Faulding Lane
North Lincolnshire Council	Habrough Road
North Lincolnshire Council	Ulceby Road (A160)
North Lincolnshire Council	Top Road
North Lincolnshire Council	87 (Public Footpath)
North Lincolnshire Council	Nicholson Road
North Lincolnshire Council	Chase Hill Road
North Lincolnshire Council	Brick Lane
North Lincolnshire Council	86 (Public Footpath)
North Lincolnshire Council	79 (Public Footpath)

Article 8

SCHEDULE 3Streets to be temporarily stopped up

(1)	(2)	(3)
Area	Street to be temporarily stopped up	Extent of temporary stopping up
District of East Lindsey	Permissive Footpath	Between points F1 and F2 as shown in a dotted red line on sheet 1 of the onshore works plans
District of East Lindsey	Permissive Footpath	Between points F3 and F4 as shown in a dotted red line on sheet 1 of the onshore works plans
District of East Lindsey	Unnamed highway north of Sheep Marsh Lane providing access to Poplar Piggeries and area to the north	Between points 1 and 2 as shown hatched on sheet 2 of the onshore works plans
District of East Lindsey	Unnamed highway north of Sheep Marsh Lane providing access to Poplar Piggeries and area to the north	Between points 3 and 4 as shown hatched on sheet 2 of the onshore works plans
District of East Lindsey	Unnamed highway north of Sheep Marsh Lane providing access to Poplar Piggeries and area to the north	Between points 5 and 6 as shown hatched on sheet 2 of the onshore works plans
District of East Lindsey	Sea Lane	Between points 7 and 8 as shown hatched on sheet 2 of the onshore works plans
District of East Lindsey	Footpath Tetn/19/1	Between points F5 and F6 as shown in a dotted red line on sheet 3 of the onshore works plans
District of East Lindsey	Footpath Tetn/19/1	Between points F7 and F8 as shown in a dotted red line on sheet 3 of the onshore works plans
District of East Lindsey	North Coates Road	Between points 9 and 10 as shown hatched on sheet 4 of the onshore works plans
District of East Lindsey	Footpath Tetn/13/5	Between points F9 and F10 as shown in a dotted red line on sheet 4 of the onshore works plans
District of East Lindsey	Unnamed highway east of New Delights access	Between points 11 and 12 as shown hatched on sheet 4 of the onshore works plans
District of East Lindsey	Unnamed highway east of New Delights access	Between points 13 and 14 as shown hatched on sheet 4 of the onshore works plans
District of East Lindsey	Unnamed highway east of New Delights access	Between points 15 and 16 as shown hatched on Sheet 4 of the onshore works plans
District of East Lindsey	Unnamed highway east of New Delights access	Between points 105 and 106 as shown hatched on sheet 5 of the onshore works plans
District of East Lindsey	Tetney Lock Road	Between points 17 and 18 as shown hatched on sheet 5 of the onshore works plans
District of East Lindsey	Tetney Lock Road	Between points 19 and 20 as shown hatched on sheet 5 of the onshore works plans
District of East Lindsey	Tetney Lock Road	Between points 21 and 22 as shown hatched on sheet 5 of the onshore works plans
District of East Lindsey	Humberston Road	Between points 23 and 24 as shown hatched on sheet 5 of the onshore works plans
District of East Lindsey	Footpath Tetn/14/4	Between points F11 and F12 as shown in a dotted red line on sheet 6 of the onshore works plans
District of East Lindsey	Holton Road	Between points 25 and 26 as shown hatched on sheet 6 of the onshore works plans
District of East Lindsey	Footpath HoLC/5/4	Between points F13 and F14 as shown in a dotted red line on sheet 7 of the onshore works plans
District of East Lindsey	Footpath HoLC/5/4	Between points F14 and F15 as shown in a dotted red line on sheet 7 of the onshore works plans
District of East Lindsey	Station Road	Between points 27 and 28 as shown hatched on sheet 7 of the onshore works plans
District of East Lindsey	Station Road	Between points 29 and 30 as shown hatched on sheet 7 of the onshore works plans
District of East Lindsey	Station Road	Between points 31 and 32 as shown hatched on sheet 7 of the onshore works plans
District of East Lindsey	Footpath HoLC/4/1	Between points F16 and F17 as shown in a dotted red line on sheet 7 of the onshore works plans
District of East Lindsey	Louth Road (A16)	Between points 33 and 34 as shown hatched on sheet 7 of the onshore works plans
District of East Lindsey	Louth Road (A16)	Between points 109 and 110 as shown hatched on sheet 7 of the onshore works plans
District of East Lindsey	Footpath HoLC/10/1	Between points F18 and F19 as shown in a dotted red line on sheet 8 of the onshore works plans
North East Lincolnshire	Footpath FP84	Between points F20 and F21 as shown in a dotted red line on sheet 8 of the onshore works plans
North East Lincolnshire	Waithe Lane	Between points 35 and 36 as shown hatched on sheet 8 of the onshore works plans
North East Lincolnshire	Waithe Lane	Between points 37 and 38 as shown hatched on sheet 9 of the onshore works plans
North East Lincolnshire	Bridleway BW75	Between points F22 and F23 as shown in a dotted red line on sheet 9 of the onshore works plans
North East Lincolnshire	Waltham Road (B1203)	Between points 39 and 108 as shown hatched on sheet 9 of the onshore works plans
North East Lincolnshire	Waltham Road (B1203)	Between points 39 and 40 as shown hatched on sheet 9 of the onshore works plans
North East Lincolnshire	Waltham Road (B1203)	Between points 41 and 42 as shown hatched on sheet 9 of the onshore works plans
North East Lincolnshire	Waltham Road (C148)	Between points 43 and 44 as shown hatched on sheet 10 of the onshore works plans
North East Lincolnshire	Footpath FP95	Between points F24 and F25 as shown in a dotted red line on sheet 12 of the onshore works plans
North East Lincolnshire	Footpath FP95	Between points F26 and F27 as shown in a dotted red line on sheet 12 of the onshore works plans
North East Lincolnshire	Bradley Road	Between points 45 and 46 as shown hatched on sheet 11 of the onshore works plans
North East Lincolnshire	Bradley Road	Between points 47 and 48 as shown hatched on sheet 12 of the onshore works plans
North East Lincolnshire	Bradley Road	Between points 49 and 50 as shown hatched on sheet 12 of the onshore works plans
North East Lincolnshire	Bridleway BW93	Between points F28 and F29 as shown in a dotted red line on sheet 12 of the onshore works plans
North East Lincolnshire	Footpath FP95	Between points F30 and F31 as shown in a dotted red line on sheet 13 of the onshore works plans
North East Lincolnshire	Bridleway BW97	Between points F32 and F33 as shown in a dotted red line on sheet 14 of the onshore works plans
North East Lincolnshire	Footpath FP96	Between points F34 and F35 as shown in a dotted red line on sheet 14 of the onshore works plans
North East Lincolnshire	Grimsby Road (A46)	Between points 51 and 52 as shown hatched on sheet 14 of the onshore works plans
North East Lincolnshire	Grimsby Road (A46)	Between points 53 and 54 as shown hatched on sheet 14 of the onshore works plans
North East Lincolnshire	Grimsby Road (A46)	Between points 55 and 56 as shown hatched on sheet 14 of the onshore works plans
North East Lincolnshire	Footpath FP103	Between points F36 and F37 as shown in a dotted red line on sheet 15 of the onshore works plans
North East Lincolnshire	Footpath FP110	Between points F38 and F39 as shown in a dotted red line on sheet 15 of the onshore works plans
North East Lincolnshire	Aylesby Road	Between points 57 and 58 as shown hatched on sheet 15 of the onshore works plans
North East Lincolnshire	Bridleway BW108	Between points F40 and F41 as shown in a dotted red line on sheet 15 of the onshore works plans
North East Lincolnshire	Beech Holt Lane/Nooking Lane	Between points 59 and 60 as shown hatched on sheet 16 of the onshore works plans
West Lindsey District	Wells Road	Between points 61 and 62 as shown hatched on sheet 17 of the onshore works plans
North East Lincolnshire	Riby Road (A1173)	Between points 63 and 64 as shown hatched on sheet 18 of the onshore works plans
North East Lincolnshire	Footpath FP26	Between points F42 and F43 as shown in a dotted red line on sheet 19 of the onshore works plans
North East Lincolnshire	Keelby Road	Between points 65 and 66 as shown hatched on sheet 19 of the onshore works plans
North East Lincolnshire	Keelby Road	Between points 65 and 107 as shown hatched on sheet 19 of the onshore works plans
North East Lincolnshire	Keelby Road	Between points 101 and 102 as shown hatched on sheet 19 of the onshore works plans
North East Lincolnshire	Roxton Road	Between points 67 and 68 as shown hatched on sheet 20 of the onshore works plans
North East Lincolnshire	Roxton Road	Between points 69 and 70 as shown hatched on sheet 20 of the onshore works plans
North East Lincolnshire	Station Road (B1210)	Between points 71 and 72 as shown hatched on sheet 22 of the onshore works plans
North East Lincolnshire	Immingham Road (B1210)	Between points 73 and 74 as shown hatched on sheet 23 of the onshore works plans
North East Lincolnshire	Immingham Road (B1210)	Between points 75 and 76 as shown hatched on sheet 23 of the onshore works plans
North East Lincolnshire	Footpath FP8	Between points F44 and F45 as shown in a dotted red line on sheet 23 of the onshore works plans
North East Lincolnshire	Footpath FP7	Between points F46 and F47 as shown in a dotted red line on sheet 23 of the onshore works plans
North East Lincolnshire	Killingholme Road	Between points 77 and 78 as shown hatched on sheet 23 of the onshore works plans
North Lincolnshire	Footpath 94	Between points F48 and F49 as shown in a dotted red line on sheet 24 of the onshore works plans
North Lincolnshire	Faulding Lane	Between points 79 and 80 as shown hatched on sheet 24 of the onshore works plans
North Lincolnshire	Habrough Road	Between points 81 and 82 as shown hatched on sheet 24 of the onshore works plans
North Lincolnshire	Habrough Road	Between points 83 and 84 as shown hatched on sheet 24 of the onshore works plans
North Lincolnshire	Habrough Road	Between points 85 and 86 as shown hatched on sheet 24 of the onshore works plans
North Lincolnshire	Ulceby Road (A160)	Between points 87 and 88 as shown hatched on sheet 24 of the onshore works plans
North Lincolnshire	Top Road	Between points 89 and 90 as shown hatched on sheet 25 of the onshore works plans
North Lincolnshire	Footpath 87	Between points F50 and F52 as shown in a dotted red line on sheet 25 of the onshore works plans
North Lincolnshire	Footpath 87	Between points F51 and F52 as shown in a dotted red line on sheet 25 of the onshore works plans
North Lincolnshire	Nicholson Road	Between points 91 and 92 as shown hatched on sheet 25 of the onshore works plans
North Lincolnshire	Nicholson Road	Between points 92 and 111 as shown hatched on sheet 25 of the onshore works plans
North Lincolnshire	Nicholson Road	Between points 103 and 104 as shown hatched on sheet 25 of the onshore works plans
North Lincolnshire	Chase Hill Road	Between points 93 and 94 as shown hatched on sheet 26 of the onshore works plans
North Lincolnshire	Chase Hill Road	Between points 95 and 96 as shown hatched on sheet 26 of the onshore works plans
North Lincolnshire	Brick Lane	Between points 97 and 98 as shown hatched on sheet 26 and 27 of the onshore works plans
North Lincolnshire	Footpath 86	Between points F53 and F54 as shown in a dotted red line on sheet 27 of the onshore works plans
North Lincolnshire	Footpath 79	Between points F55 and F56 as shown in a dotted red line on sheet 27 of the onshore works plans
North Lincolnshire	Footpath 86	Between points F57 and F58 as shown in a dotted red line on sheet 27 of the onshore works plans
North Lincolnshire	Chase Hill Road	Between points 99 and 100 as shown hatched on sheet 27 of the onshore works plans

Article 9

SCHEDULE 4Access to works

(1)	(2)
Area	Description of access
District of East Lindsey	Between point A1 (north side of Sheep Marsh Lane) shown on sheet 1 of the onshore works plans and Works Nos. 7, 8, 9
District of East Lindsey	Between point A2 (Unnamed highway north of Sheep Marsh Lane providing access to Poplar Piggeries) shown on sheet 2 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A3 (south side of North Coates Road) shown on sheet 4 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A4 (north side of unnamed highway east of New Delights access) shown on sheet 4 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A5 (north side of Tetney Lock Road east of New Delights access) shown on sheet 5 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A6 (north side of unnamed highway east of New Delights access) shown on sheet 5 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A7 (north side of Tetney Lock Road west of Cow Marsh Lane) shown on sheet 5 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A8 (west side of Holton Road) shown on sheet 6 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A9 (east side of Holton Road west of Grange Farm Cottage) shown on sheet 6 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A10 (north side of Station Road) shown on sheet 7 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A11 (north side of Station Road to the west of the dismantled railway line) shown on sheet 7 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A12 (north side of Station Road) shown on sheet 7 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A13 (north side of Station Road) shown on sheet 7 of the onshore works plans and Work No. 9
District of East Lindsey	Between point A14 (west side of A16) shown on sheet 8 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A15 (west side of B1203) shown on sheet 9 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A16 (east side of B1203) shown on sheet 9 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A17 (north side of C148 Waltham Road) shown on sheet 10 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A18 (south side of C148 Waltham Road) shown on sheet 10 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A19 (west side of Bradley Road north of Waltham) shown on sheet 11 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A20 (west side of Bradley Road Netherwood Farm north access point) shown on sheet 12 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A21 (west side of Bradley Road Netherwood Farm south access point) shown on sheet 12 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A22 (north-west side of A46 east of Laceby) shown on sheet 14 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A23 (south-east side of A46 east of Laceby) shown on sheet 14 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A24 (south-east side of Aylesby Road) shown on sheet 15 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A25 (north side of Beach Holt Lane/Nooking Lane west of Aylesby) shown on sheet 16 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A26 (north-west side of Wells Road) shown on sheet 17 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A27 (south-east side of Wells Road) shown on sheet 17 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A28 (west side of A1173 at Stallingborough Grange Farm) shown on sheet 18 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A29 (east side of A1173) shown on sheet 18 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A30 (south-east side of Keelby Road south-west of Wood View) shown on sheet 19 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A31 (north-west side of Keelby Road south-west of Wood View) shown on sheet 19 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A32 (north-west side of Keelby Road in the vicinity of Wood View) shown on sheet 19 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A33 (east side of Roxton Road north of railway) shown on sheet 20 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A34 (west side of Roxton Road north of railway) shown on sheet 20 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A35 (south-east side of Roxton Road south of railway) shown on sheet 20 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A36 (south side of B1210 Station Road south of A180) shown on sheet 22 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A37 (north side of B1210 Immingham Road) shown on sheet 23 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A38 (south side of B1210 Immingham Road) shown on sheet 23 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A39 (south side of B1210 Immingham Road west of School Cottages) shown on sheet 23 of the onshore works plans and Work No. 9
North East Lincolnshire	Between point A40 (east side of Killingholme Road, south of Mill House) shown on sheet 23 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A41 (south side of Faulding Lane) shown on sheet 24 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A42 (south-west side of Habrough Road north of Faulding Lane) shown on sheet 24 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A43 (south-west side of Habrough Road) shown on sheet 24 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A44 (south-west side of Habrough Road south-east of A160/Habrough Road roundabout) shown on sheet 24 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A45 (north side of A160 west of A160/Habrough Road roundabout) shown on sheet 24 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A46 (east side of Top Road) shown on sheet 25 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A47 (south side of Nicholson Road/Church Lane) shown on sheet 25 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A48 (north side of Nicholson Road/Church Lane) shown on sheet 25 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A49 (south side of Chase Hill Road west of Eastfield Road) shown on sheet 26 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A50 (north side of Chase Hill Road west of Eastfield Road) shown on sheet 26 of the onshore works plans and Work No. 9
North Lincolnshire	Between point A51 (Brick Lane, north side of Chase Hill Road) shown on sheet 26 of the onshore works plans and Work No. 9

Article 16(1)

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

(1)	(2)
Number of land shown on land plans	Purpose for which rights may be acquired
1 – 2 10 – 14	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within an up to 160 metre corridor within the Order Land and to obtain access for such purposes
3 – 9 16 – 21	To ground and lay anchor for vessels within the Order Land
15 22 407 – 408	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within the Order Land and to obtain access for such purposes
23 409	To install, maintain and use an access track and to obtain access for such purposes
25 – 26	To install, retain, maintain and operate transition jointing bays for the connection of offshore cable circuits to onshore cable circuits and apparatus (and to impose requirements for their protection) within an up to 150 metre corridor within the Order Land and to obtain access for such purposes
27 – 29 57 – 58 63 – 66 68 – 72 74 77 – 80 87 91 94 97 104 – 105 107 – 108 111 – 113 122 – 126 128 – 130 133 140 – 141 145 148 151 – 152 154 156 162 164 – 171 173 – 178 180 183 – 185 187 – 192 196 199 – 200 205 – 209 212 – 213 216 218 – 220 227 232 – 233 235 238 240 242 – 243 245 – 247 251 – 258 261 267 – 268 271 – 272 274 277 279 283 287 293 – 294 296 – 297 314 – 315 319 – 320 324 331 – 332 337 – 338 346 351 353 – 354 357 359 – 362 364 – 365 368 – 370 373 – 375 378 – 380 383 386 390 – 397 400 403	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within an up to 30 metre corridor within the Order Land and to obtain access for such purposes
37 – 40	To install, maintain and use an access track and to obtain access for the purposes only of maintaining and operating the authorised project
226	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within an up to 30 metre corridor within the Order Land and to obtain access for such purposes but not extending to breaking open the surface of the Order Land
313 352	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within an up to 30 metre corridor within the Order land
406	To install, retain, maintain and operate apparatus (and to impose requirements for its protection) within the Order land and to install, maintain and use an access track and to obtain access for such purposes
410 415	To install, retain, maintain and operate services (and to impose requirements for their protection) within the Order land and to install, maintain and use an access track and to obtain access for such purposes

Article 16(3)

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

PART 1Compensation enactments

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

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

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

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

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

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

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

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

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

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

PART 2Application of the 1965 Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 23

SCHEDULE 7Land of which temporary possession may be taken

PART 1

(1)	(2)	(3)	(4)
Area	Number of land shown on land plans	Purpose for which temporary possession may be taken	Relevant part of the Authorised project
District of East Lindsey	24	Worksite and access for the construction and carrying out of the authorised project	Works Nos. 7, 8 and 9
District of East Lindsey	30 – 33 35 – 36 61 – 62 75 – 76 81 – 86 88 98 – 102 109 – 110 121 131 146 153 157 – 159 161	Worksite and access for the construction and carrying out of the authorised project	Work No. 9
District of East Lindsey	41 44 – 45 47- 49	Laying and use of temporary vehicular access track	Works Nos. 7, 8 and 9
District of East Lindsey	50 – 56 60 73 89 – 90 92 – 93 95 – 96 103 114 – 116 127 132 134 136 – 137 139 142 – 143 150 155	Laying and use of temporary vehicular access track	Work No. 9
District of East Lindsey	81 144 147 149 160	Laying of temporary public footpaths and bridleways	Work No. 9
North East Lincolnshire	163 201 239 241 270 325	Laying of temporary public footpaths and bridleways	Work No. 9
North East Lincolnshire	172 182 186 193 – 195 197 201 214 – 215 228 – 231 234 236 – 237 244 248 259 – 260 264 – 266 269 – 270 273 278 280 – 282 284 – 286 288 – 289 295 304 306 – 307 312 316 – 317 321 – 323 325 – 326 328	Worksite and access for the construction and carrying out of the authorised project	Work No. 9
North East Lincolnshire	179 181 198 217 221 – 225 241 262 275 – 276 292 300 302 – 303 305 309 318 330	Laying and use of temporary vehicular access track	Work No. 9
North Lincolnshire	333 – 335 341 – 342 345 347 – 350 356 358 366 – 367 371 – 372 381 – 382 387 – 388 398 – 399 401 – 402	Worksite and access for the construction and carrying out of the authorised project	Work No. 9
North Lincolnshire	336 339 – 340 343 – 344 355 – 356 358 363 376 – 377 384 – 385	Laying and use of temporary vehicular access track	Work No. 9
North Lincolnshire	405	Worksite and access for the construction and carrying out of the authorised project	Works Nos. 9, 10 and 11
North Lincolnshire	411 – 414 416	Laying and use of temporary vehicular access track	Works Nos. 10, 11 and 12

PART 2

(1)	(2)
Area	Number of land shown on land plans
District of East Lindsey	34 42 – 43 46 59 67 87 117 – 120 135 138
North East Lincolnshire	202 – 204 210 – 211 249 – 250 263 290 – 291 298 – 299 301 308 310 – 311 327 329
North Lincolnshire	389

Article 35

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

PART 1Licensed marine activities

Interpretation

1.—(1) In this licence—

“the 2008 Act” means the Planning Act 2008;

“the 2009 Act” means the Marine and Coastal Access Act 2009;

“ancillary vessel” means any vessel other than a construction vessel or a survey vessel;

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

“Annex I Habitat” means such habitat as defined under the EU Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora(3);

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

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

“authorised project” means the authorised development and the ancillary works authorised by the Order;

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

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

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

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

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

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

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

“gravity base foundation” means either—

(a)

a structure principally of concrete and/or steel which rests on the seabed due either to its own weight and that of added ballast or to the weight of water above it, and may include associated equipment including suction piles, J-tubes and access platforms; or

(b)

a structure principally of concrete and/or steel consisting of a platform supported on two pontoons to which the platform is connected by columns which may be connected by braces;

“HVAC” means high voltage alternating current;

“HVDC” means high voltage direct current;

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

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

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

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

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

“licence-holder” means Heron Wind Limited;

“maintain” includes, to the extent assessed in the environmental statement—

(a)

inspect, repair, adjust and alter; and

(b)

in respect of any of the ancillary works and any component part of any wind turbine generator, offshore accommodation platform, offshore HVAC collector substation, offshore HVDC converter station or offshore reactive compensation substation described in Part 1 of Schedule 1 (authorised development) of the Order also includes remove, reconstruct and replace,

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

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

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

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

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

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

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

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

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

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

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

“the offshore works plans” means the part of the works plans described as the offshore works plans;

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

“the Order” means the Hornsea One Offshore Wind Farm Order 2014;

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

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

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

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

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

“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water and including ancillary vessels and construction vessels;

“VHF” means very high frequency;

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

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

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

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

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

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

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

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

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

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

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

(3) Unless otherwise indicated—

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

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

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

Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Tel: 0300 123 1032

Email: marine.consents@marinemanagement.org.uk

Marine Management Organisation (referred to as the “MMO Coastal Office”)

Estuary House

Wharncliffe Road

Grimsby

Lincolnshire

DN31 3QL

Tel: 01472 355 112

Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900

The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900

Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel: 023 8032 9191

Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244

Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield

S3 8NH

Tel: 0300 060 4911

Joint Nature Conservation Committee

Inverdee House

Baxter Street

Aberdeen

AB11 9QA

Tel: 01224 266 550

English Heritage

Eastgate Court

195-205 High Street

Guildford

GU1 3EH

Tel: 01483 252 057

Details of licensed activities

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

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

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

(c)dredging;

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

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

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

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

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

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

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

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

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

(i)with each other;

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

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

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

Table 1: Co-ordinates for Wind Farm Area 1 (limits of deviation for Work No. 1)

Point	Latitude	Longitude
1	53° 58′ 42.179″ N	1° 44′ 31.880″ E
2	53° 55′ 46.445″ N	1° 47′ 47.796″ E
3	53° 56′ 22.870″ N	1° 51′ 57.409″ E
4	53° 55′ 31.318″ N	1° 52′ 54.282″ E
5	53° 49′ 58.944″ N	1° 58′ 59.804″ E
6	53° 50′ 5.118″ N	1° 38′ 58.430″ E
7	53° 55′ 9.293″ N	1° 39′ 52.024″ E
8	53° 56′ 3.228″ N	1° 41′ 0.143″ E
9	53° 56′ 29.670″ N	1° 43′ 45.592″ E
10	53° 58′ 17.828″ N	1° 41′ 46.795″ E

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

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

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

(a)iron and steel;

(b)stone and rock;

(c)concrete;

(d)sand and gravel;

(e)plastic and synthetic; and

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

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

Table 2: Co-ordinates for disposal site HU206

Point	Latitude	Longitude
1	53° 58′ 42.179″ N	1° 44′ 31.880″ E
2	53° 55′ 46.445″ N	1° 47′ 47.796″ E
3	53° 56′ 22.870″ N	1° 51′ 57.409″ E
4	53° 55′ 31.318″ N	1° 52′ 54.282″ E
5	53° 55′ 37.592″ N	1° 53′ 38.108″ E
6	53° 55′ 23.329″ N	1° 55′ 20.262″ E
7	53° 55′ 8.162″ N	1° 56′ 10.619″ E
8	53° 55′ 35.429″ N	1° 59′ 20.944″ E
9	53° 55′ 2.525″ N	1° 59′ 45.776″ E
10	53° 55′ 22.663″ N	2° 2′ 14.219″ E
11	53° 56′ 16.303″ N	2° 1′ 15.269″ E
12	53° 56′ 46.586″ N	2° 5′ 4.031″ E
13	53° 57′ 12.481″ N	2° 4′ 32.376″ E
14	53° 57′ 24.509″ N	2° 6′ 6.700″ E
15	53° 50′ 10.018″ N	2° 13′ 57.158″ E
16	53° 49′ 14.297″ N	2° 11′ 36.820″ E
17	53° 49′ 58.584″ N	1° 59′ 54.762″ E
18	53° 49′ 58.944″ N	1° 58′ 59.804″ E
19	53° 50′ 5.118″ N	1° 38′ 58.430″ E
20	53° 55′ 9.293″ N	1° 39′ 52.024″ E
21	53° 56′ 3.228″ N	1° 41′ 0.143″ E
22	53° 56′ 29.670″ N	1° 43′ 45.592″ E
23	53° 58′ 17.828″ N	1° 41′ 46.795″ E

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

Duration

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

PART 2Licence conditions

Design parameters

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

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

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

(c)exceed a rotor diameter of 178 metres;

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

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

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

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

(a)exceed 60 metres in height above MHWS;

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

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

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

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

(a)monopile foundations;

(b)jacket foundations supported by piles; or

(c)gravity base foundations.

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

(a)where monopile foundations are used—

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

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

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

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

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

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

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

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

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

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

(d)where gravity base foundations are used—

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

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

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

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

(a)where monopile foundations are used—

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

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

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

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

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

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

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

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

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

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

(d)where gravity base foundations are used—

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

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

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

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

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

Notifications and inspections

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(10) The licence-holder must notify—

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

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

Aids to navigation

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

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

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

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

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

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

Provision against danger to navigation

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

Navigational Practice, Safety and Emergency Response

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

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

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

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

Colour and lighting

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

Chemicals, drilling and debris

11.—(1) All chemicals used in the construction of the authorised scheme shall be selected from the List of Notified Chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002(4) (as amended), unless otherwise agreed in writing by the MMO.

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

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

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

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

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

(a)loading facilities;

(b)vessels;

(c)equipment;

(d)shipment routes;

(e)working schedules; and

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

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

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

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

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

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

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

Force majeure

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

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

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

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

Pre-construction plans and documentation

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

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

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

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

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

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

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

(vi)the proposed dimensions of all monopile foundations;

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

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

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

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

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

(i)the proposed construction start date;

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

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

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

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

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

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

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

(v)contractors;

(vi)vessels; and

(vii)associated works;

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

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

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

(iii)waste management and disposal arrangements;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(vi)archiving of archaeological material; and

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

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

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

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

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

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

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

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

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

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

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

(b)shall be accompanied by—

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

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

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

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

Reporting of engaged agents, contractors and vessels

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

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

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

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

Equipment and Operation of Vessels Engaged in Licensed Activities

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

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

(a)electronic positioning aid to provide navigational data;

(b)radar;

(c)echo sounder; and

(d)multi-channel VHF.

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

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

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

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

Pre-construction monitoring and surveys

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

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

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

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

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

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

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

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

Construction monitoring

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

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

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

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

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

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

Post construction

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

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

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

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

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

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

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

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

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

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

Amendments to details

21.—(1) With respect to any condition of this licence which requires the licensed activities to be carried out in accordance with the plans and programmes approved by the MMO, the approved plans and programmes shall be taken to include any amendments that may subsequently be approved in writing by the MMO.

(2) Where the words ‘except to the extent agreed in writing by the MMO’ appear in these licence conditions, any such agreement or statement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of MMO that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the Environmental Statement.

Offshore Decommissioning

22. No decommissioning activities shall commence until plans for the carrying out of such activities have been submitted to and approved in writing by the MMO.

Article 35

SCHEDULE 9Deemed Marine Licences under the Marine and Coastal Access Act 2009 – Deemed Marine Licence 2

PART 1Licensed marine activities

Interpretation

1.—(1) In this licence—

“the 2008 Act” means the Planning Act 2008;

“the 2009 Act” means the Marine and Coastal Access Act 2009;

“ancillary vessel” means any vessel other than a construction vessel or a survey vessel;

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

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

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

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

“authorised project” means the authorised development and the ancillary works authorised by the Order;

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

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

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

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

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

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

“gravity base foundation” means either—

(a)

(b)

a structure principally of concrete and/or steel consisting of a platform supported on two pontoons to which the platform is connected by columns which may be connected by braces;

“HVAC” means high voltage alternating current;

“HVDC” means high voltage direct current;

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

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

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

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

“licence-holder” means Njord Limited;