The Norfolk Vanguard Offshore Wind Farm Order 2022

1. Introductory Text

2. PART 1 Preliminary

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 Principal Powers

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

   2. 4. Limits of deviation

   3. 5. Power to maintain authorised project

   4. 6. Benefit of the Order

   5. 7. Application and modification of legislative provisions

   6. 8. Defence to proceedings in respect of statutory nuisance

4. PART 3 Streets

   1. 9. Street works

   2. 10. Public rights of way

   3. 11. Temporary stopping up of streets

   4. 12. Access to works

   5. 13. Agreements with street authorities

   6. 14. Application of the 1991 Act

5. PART 4 Supplemental Powers

   1. 15. Discharge of water and works to watercourses

   2. 16. Authority to survey and investigate the land onshore

   3. 17. Removal of human remains

6. PART 5 Powers of Acquisition

   1. 18. Compulsory acquisition of land

   2. 19. Time limit for exercise of authority to acquire land compulsorily

   3. 20. Compulsory acquisition of rights and the imposition of restrictive covenants

   4. 21. Private rights

   5. 22. Application of the 1981 Act

   6. 23. Application of Part 1 of the 1965 Act

   7. 24. Acquisition of subsoil or airspace only

   8. 25. Rights under or over streets

   9. 26. Temporary use of land for carrying out the authorised project

   10. 27. Temporary use of land for maintaining authorised project

   11. 28. Extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession

   12. 29. Statutory undertakers

   13. 30. Recovery of costs of new connections

7. PART 6 Operations

   1. 31. Operation of generating station

   2. 32. Deemed marine licences under the 2009 Act

8. PART 7 Miscellaneous and General

   1. 33. Application of landlord and tenant law

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

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

   4. 36. Trees subject to tree preservation orders

   5. 37. Certification of plans etc

   6. 38. Arbitration

   7. 39. Procedure in relation to certain approvals etc

   8. 40. Abatement of works abandoned or decayed

   9. 41. Saving provisions for Trinity House

   10. 42. Crown rights

   11. 43. Service of Notices

   12. 44. Protective provisions

   13. 45. Compensation to protect the coherence of the national site network

9. Signature

10. 1. SCHEDULE 1

       Authorised Project

       1. PART 1 Authorised Development

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

          2. Offshore

          3. Work No. 2 – up to two offshore electrical platforms...

          4. Work No. 3 – a network of subsea cables and...

          5. Work No. 4A – up to four subsea export cables...

          6. Intertidal area

          7. In the county of Norfolk, district of North Norfolk

          8. Work No. 5 – onshore transmission works consisting of up...

          9. In the county of Norfolk, district of Broadland

          10. In the county of Norfolk, district of Breckland

          11. Work No. 8A – onshore project substation to the east...

          12. Work No.8B – surface water management, bunding, embankments, boundary treatments...

          13. Work No. 9 – works consisting of the connection of...

          14. Work No. 10A – an extension to the existing National...

          15. Work No. 10B – additional surface water management for the...

          16. Work No. 10C – bunding, embankments, boundary treatments and landscaping...

          17. Work No. 11 – the removal of one existing pylon...

          18. Work No. 11A – the overhead line modification;

          19. Work No. 12 – permanent accesses connecting the A47 to...

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

       2. PART 2 Ancillary Works

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

       3. PART 3 Requirements

          1. 1. Time limits

          2. 2. Detailed offshore design parameters

          3. 3. (1) The total number of wind turbine generators forming part...

          4. 4. (1) The dimensions of any offshore electrical platforms forming part...

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

          6. 6. (1) In relation to a wind turbine generator, each foundation...

          7. 7. (1) In relation to a meteorological mast, each foundation using...

          8. 8. (1) In relation to an offshore electrical platform, each foundation...

          9. 9. (1) In relation to any accommodation platform, each foundation using...

          10. 10. (1) In relation to any LIDAR measurement buoys, each foundation...

          11. 11. The total amount of scour protection for the wind turbine...

          12. 12. Aviation safety

          13. 13. Ministry of Defence surveillance operations

          14. 14. Offshore decommissioning

          15. 15. Stages of authorised development onshore

          16. 16. Detailed design parameters onshore

          17. 17. Landfall method statement

          18. 18. Provision of landscaping

          19. 19. Implementation and maintenance of landscaping

          20. 20. Code of construction practice

          21. 21. Traffic

          22. 22. Highway accesses

          23. 23. Archaeological written scheme of investigation

          24. 24. Ecological management plan

          25. 25. Watercourse crossings

          26. 26. Construction hours

          27. 27. Control of noise during operational phase and during maintenance

          28. 28. European protected species onshore

          29. 29. Onshore decommissioning

          30. 30. Requirement for written approval

          31. 31. Amendments to approved details

          32. 32. Operational drainage plan

          33. 33. Skills and employment strategy

          34. 34. Cromer Primary Surveillance Radar

    2. SCHEDULE 2

       Streets subject to Street Works

    3. SCHEDULE 3

       Public Rights of Way to be temporarily stopped up

    4. SCHEDULE 4

       Streets to be stopped up

    5. SCHEDULE 5

       Access to Works

    6. SCHEDULE 6

       Land in which only New Rights etc., may be acquired

    7. SCHEDULE 7

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

       1. Compensation enactments

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

          2. 2. (1) Without prejudice to the generality of paragraph 1, the...

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

       2. Application of the 1965 Act

          1. 4. (1) The 1965 Act has effect with the modifications necessary...

          2. 5. For section 7 of the 1965 Act (measure of compensation...

          3. 6. Section 8(1) of the Compulsory Purchase Act 1965 has effect...

          4. 7. The following provisions of the 1965 Act (which state the...

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

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

          7. 10. Section 22 of the 1965 Act (interests omitted from purchase)...

    8. SCHEDULE 8

       Land of which temporary possession may be taken

    9. SCHEDULE 9

       Deemed Licence under the 2009 Act – Generation Assets (Licence 1 – Phase 1)

       1. PART 1 Interpretation

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

          2. 2. A reference to any statute, order, regulation or similar instrument...

          3. 3. Unless otherwise indicated— (a) all times are taken to be...

          4. 4. Except where otherwise notified in writing by the relevant organisation,...

       2. PART 2 Licensed Marine Activities – General

          1. 1. This licence remains in force until the authorised scheme has...

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

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

          4. 4. Any amendments to or variations from the approved plans, protocols...

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

          6. 6. The grid coordinates for the authorised scheme are specified below—...

       3. PART 3 Details of Licensed Marine Activities

          1. 1. Subject to the licence conditions at Part 4, this licence...

          2. 2. (1) Such activities are authorised in relation to the construction,...

       4. PART 4 Conditions

          1. 1. Design parameters

          2. 2. (1) The dimensions of any accommodation platform forming part of...

          3. 3. The total length of the cables and the area and...

          4. 4. (1) In relation to a wind turbine generator, each foundation...

          5. 5. (1) In relation to a meteorological mast, each foundation using...

          6. 6. (1) In relation to an accommodation platform, each foundation using...

          7. 7. (1) In relation to any LIDAR measurement buoys, each foundation...

          8. 8. Phasing of the authorised scheme

          9. 9. Notifications and inspections

          10. 10. Aids to navigation

          11. 11. Colouring of structures

          12. 12. Chemicals, drilling and debris

          13. 13. Force majeure

          14. 14. Pre-construction plans and documentation

          15. 15. (1) Any archaeological reports produced in accordance with condition 14(h)(iii)...

          16. 16. Post-construction plans and documents

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

          18. 18. Pre-construction monitoring and surveys

          19. 19. Construction monitoring

          20. 20. Post construction

          21. 21. Reporting of impact pile driving

          22. 22. Reporting of scour and cable protection

          23. 23. Completion of construction

    10. SCHEDULE 10

        Deemed Licence under the 2009 Act – Generation Assets (Licence 2 – Phase 2)

        1. PART 1 Interpretation

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

           2. 2. A reference to any statute, order, regulation or similar instrument...

           3. 3. Unless otherwise indicated— (a) all times are taken to be...

           4. 4. Except where otherwise notified in writing by the relevant organisation,...

        2. PART 2 Licensed Marine Activities – General

           1. 1. This licence remains in force until the authorised scheme has...

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

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

           4. 4. Any amendments to or variations from the approved plans, protocols...

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

           6. 6. The grid coordinates for the authorised scheme are specified below—...

        3. PART 3 Details of Licensed Marine Activities

           1. 1. Subject to the licence conditions at Part 4, this licence...

           2. 2. (1) Such activities are authorised in relation to the construction,...

        4. PART 4 Conditions

           1. 1. Design parameters

           2. 2. (1) The dimensions of any accommodation platform forming part of...

           3. 3. The total length of the cables and the area and...

           4. 4. (1) In relation to a wind turbine generator, each foundation...

           5. 5. (1) In relation to a meteorological mast, each foundation using...

           6. 6. (1) In relation to an accommodation platform, each foundation using...

           7. 7. (1) In relation to any LIDAR measurement buoys, each foundation...

           8. 8. Phasing of the authorised scheme

           9. 9. Notifications and inspections

           10. 10. Aids to navigation

           11. 11. Colouring of structures

           12. 12. Chemicals, drilling and debris

           13. 13. Force majeure

           14. 14. Pre-construction plans and documentation

           15. 15. (1) Any archaeological reports produced in accordance with condition 14(h)(iii)...

           16. 16. Post-construction plans and documents

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

           18. 18. Pre-construction monitoring and surveys

           19. 19. Construction monitoring

           20. 20. Post construction

           21. 21. Reporting of impact pile driving

           22. 22. Reporting of cable and scour protection

           23. 23. Completion of construction

    11. SCHEDULE 11

        Deemed Licence under the 2009 Act – Transmission Assets (Licence 1 – Phase 1)

        1. PART 1 Interpretation

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

        2. PART 2 Licensed Marine Activities – General

           1. 1. This licence remains in force until the authorised scheme has...

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

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

           4. 4. Any amendments to or variations from the approved plans, protocols...

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

           6. 6. The grid coordinates for the authorised scheme are specified below—...

        3. PART 3 Details of Licensed Marine Activities

           1. 1. Subject to the licence conditions at Part 4, this licence...

           2. 2. (1) Such activities are authorised in relation to the construction,...

        4. PART 4 Conditions

           1. 1. Design parameters

           2. 2. In relation to the offshore electrical platform(s), the foundations must...

           3. 3. Phasing of the authorised scheme

           4. 4. Notifications and inspections

           5. 5. Aids to navigation

           6. 6. Colouring of structures

           7. 7. Chemicals, drilling and debris

           8. 8. Force majeure

           9. 9. Pre-construction plans and documentation

           10. 10. (1) Any archaeological reports produced in accordance with condition 9(1)(h)(iii)...

           11. 11. Post-construction plans and documents

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

           13. 13. Pre-construction monitoring and surveys

           14. 14. Construction monitoring

           15. 15. Post construction

           16. 16. Reporting of impact pile driving

           17. 17. Reporting of scour and cable protection

           18. 18. Restriction on cable installation construction works

    12. SCHEDULE 12

        Deemed Licence under the 2009 Act – Transmission Assets (Licence 2 – Phase 2)

        1. PART 1 Interpretation

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

        2. PART 2 Licensed Marine Activities – General

           1. 1. This licence remains in force until the authorised scheme has...

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

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

           4. 4. Any amendments to or variations from the approved plans, protocols...

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

           6. 6. The grid coordinates for the authorised scheme are specified below—...

        3. PART 3 Details of Licensed Marine Activities

           1. 1. Subject to the licence conditions at Part 4, this licence...

           2. 2. (1) Such activities are authorised in relation to the construction,...

        4. PART 4 Conditions

           1. 1. Design parameters

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

           3. 3. Phasing of the authorised scheme

           4. 4. Notifications and inspections

           5. 5. Aids to navigation

           6. 6. Colouring of structures

           7. 7. Chemicals, drilling and debris

           8. 8. Force majeure

           9. 9. Pre-construction plans and documentation

           10. 10. (1) Any archaeological reports produced in accordance with condition 9(1)(h)(iii)...

           11. 11. Post-construction plans and documents

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

           13. 13. Pre-construction monitoring and surveys

           14. 14. Construction monitoring

           15. 15. Post construction

           16. 16. Reporting of impact pile driving

           17. 17. Reporting of cable protection

           18. 18. Restriction on cable installation construction works

    13. SCHEDULE 13

        Hedgerows

        1. PART 1 Removal of Potentially Important Hedgerows

        2. PART 2 Removal of Important Hedgerows

        3. PART 3 Removal of Hedgerows

    14. SCHEDULE 14

        Arbitration Rules

        1. 1. Primary objective

        2. 2. Time periods

        3. 3. Timetable

        4. 4. Procedure

        5. 5. Arbitrator’s powers

        6. 6. Costs

        7. 7. Confidentiality

    15. SCHEDULE 15

        Procedure for discharge of Requirements

        1. 1. Applications made under requirement

        2. 2. Further information

        3. 3. Appeals

        4. 4. Interpretation of this Schedule

    16. SCHEDULE 16

        Protective Provisions

        1. PART 1 Protection for electricity, gas, water and sewerage undertakers

           1. 1. For the protection of the undertakers referred to in this...

           2. 2. In this Part— “affected undertaker” means any licence holder within...

           3. 3. This Part does not apply to apparatus in respect of...

           4. 4. Regardless of any provision in this Order or anything shown...

           5. 5. (1) If, in the exercise of the powers conferred by...

           6. 6. (1) Where, in accordance with the provisions of this Part,...

           7. 7. (1) Not less than 28 days before starting the execution...

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

           9. 9. (1) Subject to sub-paragraphs (2) and (3), if by reason...

           10. 10. Any difference or dispute arising between the undertaker and the...

           11. 11. Nothing in this Part shall affect the provisions of any...

        2. PART 2 For the Protection of National Grid as Electricity and Gas Undertaker

           1. 12. Application

           2. 13. Interpretation

           3. 14. (1) Except for paragraphs 15 (apparatus in stopped up streets),...

           4. 15. Apparatus of Undertakers in stopped up streets

           5. 16. Acquisition of land

           6. 17. Removal of apparatus

           7. 18. Facilities and rights for alternative apparatus

           8. 19. Retained apparatus: protection Gas Undertakers

           9. 20. Retained apparatus: protection Electricity Undertakers

           10. 21. Expenses

           11. 22. Compensation

           12. 23. Enactments and agreements

           13. 24. Co-operation

           14. 25. Access

           15. 26. Arbitration

           16. 27. Notices

        3. PART 3 For the Protection of Cadent Gas Limited as Gas Undertaker

           1. 28. Application

           2. 29. Interpretation

           3. 30. On Street Apparatus

           4. 31. Apparatus of Undertakers in stopped up streets

           5. 32. Acquisition of land

           6. 33. Removal of apparatus

           7. 34. Facilities and rights for alternative apparatus

           8. 35. Retained apparatus: protection Gas Undertakers

           9. 36. Expenses

           10. 37. Compensation

           11. 38. Enactments and agreements

           12. 39. Co-operation

           13. 40. Access

           14. 41. Arbitration

           15. 42. Notices

        4. PART 4 Protection for Operators of Electronic Communications Code Networks

           1. 43. (1) For the protection of any operator, the following provisions...

           2. 44. The exercise of the powers of article 29 (statutory undertakers)...

           3. 45. (1) Subject to sub-paragraphs (2) to (4), if as the...

           4. 46. This Part does not apply to— (a) any apparatus in...

           5. 47. Nothing in this Part shall affect the provisions of any...

        5. PART 5 Protection of Network Rail Infrastructure Limited

           1. 48. The following provisions of this Schedule have effect, unless otherwise...

           2. 49. In this Part— “construction” includes execution, placing, alteration and reconstruction...

           3. 50. (1) Where under this Part Network Rail is required to...

           4. 51. (1) The undertaker must not exercise the powers conferred by—...

           5. 52. (1) The undertaker must before commencing construction of any specified...

           6. 53. (1) Any specified work and any protective works to be...

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

           8. 55. Network Rail must at all times afford reasonable facilities to...

           9. 56. (1) If any permanent or temporary alterations or additions to...

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

           11. 58. (1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

           12. 59. If at any time after the completion of a specified...

           13. 60. The undertaker must not provide any illumination or illuminated sign...

           14. 61. Any additional expenses which Network Rail may reasonably incur in...

           15. 62. (1) The undertaker must pay to Network Rail all reasonable...

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

           17. 64. In the assessment of any sums payable to Network Rail...

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

           19. 66. Nothing in this Order, or in any enactment incorporated with...

           20. 67. The undertaker must give written notice to Network Rail if...

           21. 68. The undertaker must no later than 28 days from the...

           22. 69. In relation to any dispute arising under this Part that...

        6. PART 6 For the Protection of Anglian Water Services Limited

           1. 70. (1) For the protection of Anglian Water, the following provisions...

        7. PART 7 For the protection of the Environment Agency and drainage authorities

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

           2. 72. In this Part— “construction” includes execution, placing, altering, replacing, relaying...

           3. 73. (1) Before beginning to construct any specified work, the undertaker...

           4. 74. Without limiting paragraph 73, the requirements which the drainage authority...

           5. 75. (1) Subject to sub–paragraph (2), any specified work, and all...

           6. 76. (1) Subject to sub–paragraph (5) the undertaker must from the...

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

           8. 78. The undertaker must compensate the drainage authority in respect of...

           9. 79. (1) Without limiting the other provisions of this Part, the...

           10. 80. The fact that any work or thing has been executed...

           11. 81. Any dispute between the undertaker and the drainage authority under...

        8. PART 8 For the protection of Ørsted Hornsea Project Three (UK) Ltd

           1. 82. The provisions of this Part apply for the protection of...

           2. 83. In this Part— “apparatus” means the cables, structures or other...

           3. 84. The consent of Orsted under this Part is not required...

           4. 85. Where conditions are included in any consent granted by Orsted...

           5. 86. The undertaker must not under the powers of this Order—...

           6. 87. (1) The undertaker must not under the powers of this...

           7. 88. (1) The undertaker must give to Orsted not less than...

           8. 89. The undertaker must at all reasonable times during construction of...

           9. 90. (1) After the purpose of any temporary works has been...

           10. 91. If in consequence of the exercise of the powers conferred...

           11. 92. The undertaker must not exercise the powers conferred by this...

           12. 93. To ensure its compliance with this Part, the undertaker must...

           13. 94. The undertaker and Orsted must each act in good faith...

           14. 95. The undertaker must pay to Orsted the reasonable expenses incurred...

           15. 96. (1) Subject to sub-paragraphs (2) and (3), if by reason...

           16. 97. Any dispute arising between the undertaker and Orsted under this...

    17. SCHEDULE 17

        Compensation to protect the coherence of the national site network

        1. PART 1 Flamborough and Filey Coast Special Protection Area: Delivery of measures to compensate for kittiwake loss

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

           2. 2. The authorised development may not be commenced until a plan...

           3. 3. Following consultation with the KSG, the KIMP must be submitted...

           4. 4. The KIMP must include measures to increase the number of...

           5. 5. The undertaker must implement the measures as set out in...

           6. 6. The undertaker shall notify the Secretary of State of completion...

           7. 7. Results from the monitoring scheme must be submitted at least...

           8. 8. Unless otherwise agreed in writing by the Secretary of State...

           9. 9. The artificial nest structures installed under this Part must not...

           10. 10. The approved KIMP includes any amendments that may subsequently be...

           11. 11. In the event of any conflict or inconsistency between the...

        2. PART 2 Alde-Ore Estuary Special Protection Area: Delivery of measures to compensate for the loss of lesser black-backed gull

           1. 12. In this Part— “AOE” means the site designated as the...

           2. 13. The authorised development may not be commenced until a plan...

           3. 14. Following consultation with the LBBGSG, the LBBGIMP must be submitted...

           4. 15. The LBBGIMP must include measures to increase the number of...

           5. 16. The undertaker must implement the measures as set out in...

           6. 17. The undertaker shall notify the Secretary of State of completion...

           7. 18. Results from the monitoring scheme must be submitted at least...

           8. 19. Unless otherwise agreed in writing by the Secretary of State...

           9. 20. The predator control fencing installed under this Part must not...

           10. 21. The approved LBBGIMP includes any amendments that may subsequently be...

           11. 22. In the event of any conflict or inconsistency between the...

        3. PART 3 Haisborough, Hammond and Winterton Special Area of Conservation: Delivery of measures to compensate for cable installation and protection

           1. 23. In this Part— “BIMP” means the benthic implementation and monitoring...

           2. 24. The authorised development may not be commenced until a plan...

           3. 25. The BSG must be consulted on the proposed BIMP prior...

           4. 26. The undertaker will meet with and report to the BSG...

           5. 27. The BIMP must be submitted to and approved by the...

           6. 28. The BIMP must accord with the relevant principles contained in...

           7. 29. The BIMP must include in particular: (a) details of any...

           8. 30. The BIMP must be carried out as approved, unless otherwise...

           9. 31. Unless otherwise agreed in writing with the Secretary of State,...

           10. 32. Results from the monitoring scheme must be submitted at least...

           11. 33. A report which demonstrates completion of the activities required by...

           12. 34. The approved BIMP includes any amendments that may subsequently be...

           13. 35. In the event of any conflict or inconsistency between the...

11. Explanatory Note