1. The authorised project must not be commenced after the expiration of seven years beginning with the date this Order comes into force.
2.—(1) The total number of wind turbine generators comprised in the authorised project must not exceed 180.
(2) Subject to sub-paragraph (3), each wind turbine generator forming part of the authorised project must not—
(a)exceed a height of 370 metres when measured from LAT to the tip of the vertical blade;
(b)exceed a rotor diameter of 305 metres;
(c)be less than 42.43 metres from LAT to the lowest point of the rotating blade; and
(d)be less than 810 metres from the nearest wind turbine generator in all directions.
(3) The minimum distance in sub-paragraph (2)(d) between each wind turbine generator is to be measured from the centre point of the wind turbine generator.
(4) Wind turbine generator foundation structures forming part of the authorised project must be one of either monopile foundations, mono suction bucket foundations or jacket foundations.
(5) No wind turbine generator—
(a)jacket foundations employing pin piles forming part of the authorised project may—
(i)have a pin pile diameter of greater than four metres; and
(ii)employ more than 16 pin piles per jacket foundation; and
(b)monopile foundation forming part of the authorised project may have a diameter greater than 15 metres.
(6) The total combined seabed footprint area for wind turbine generator foundations must not exceed—
(a)302,180 square metres excluding scour protection; and
(b)985,240 square metres including scour protection.
(7) The wind turbine generators comprised in the authorised project must be constructed in accordance with the parameters set out in the pro–rata annex.
3.—(1) The total number of offshore electrical installations and offshore accommodation platforms must not exceed ten, consisting of a combination of no more than—
(a)six small offshore transformer substations;
(b)three large offshore transformer substations;
(c)three offshore HVAC booster stations;
(d)six small offshore HVDC converter stations;
(e)three large offshore HVDC converter stations; and
(f)one offshore accommodation platform.
(2) The dimensions of any small offshore transformer substation (including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts, radar and antennae) forming part of the authorised project must not exceed—
(a)100 metres in height when measured from LAT;
(b)90 metres in length; and
(c)90 metres in width.
(3) The dimensions of any large offshore transformer substation (including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts, radar and antennae) forming part of the authorised project must not exceed—
(a)100 metres in height when measured from LAT;
(b)180 metres in length; and
(c)90 metres in width.
(4) The dimensions of any offshore HVAC booster station (including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts, radar and antennae) forming part of the authorised project must not exceed—
(a)100 metres in height when measured from LAT;
(b)90 metres in length; and
(c)90 metres in width.
(5) The dimensions of any small offshore HVDC converter substation (including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts, radar and antennae) forming part of the authorised project must not exceed—
(a)90 metres in height when measured from LAT;
(b)100 metres in length; and
(c)100 metres in width.
(6) The dimensions of any large offshore HVDC converter substation (including auxiliary structures, such as a helipad, crane, lightning protection, but excluding masts, radar and antennae) forming part of the authorised project must not exceed—
(a)100 metres in height when measured from LAT;
(b)180 metres in length; and
(c)90 metres in width.
(7) The dimensions of any offshore accommodation platform forming part of the authorised project must not exceed—
(a)64 metres in height when measured from LAT;
(b)60 metres in length; and
(c)60 metres in width.
(8) Offshore accommodation platform foundation structures forming part of the authorised project must be one of either monopile foundations, mono suction bucket foundations, gravity base structures, jacket foundations or box–type gravity base structures.
(9) Offshore electrical installation foundation structures forming part of the authorised project must be one of the following foundation options—
(a)for small offshore transformer substations and offshore HVAC booster stations either monopile foundations, mono suction bucket foundations, jacket foundations, gravity base structures or box–type gravity base structures; and
(b)for large offshore transformer substations and offshore HVDC converter stations either monopile foundations, mono suction bucket foundations, jacket foundations, box–type gravity base structures, gravity base structures, pontoon gravity base type 1 structures, or pontoon gravity base type 2 structures.
(10) No offshore electrical installation or offshore accommodation platform—
(a)jacket foundation employing pin piles forming part of the authorised project may—
(i)have a pin pile diameter of greater than four metres; and
(ii)employ more than 16 pin piles per jacket foundation; and
(b)monopile foundation forming part of the authorised project may have a diameter greater than 15 metres.
(11) The total seabed footprint area for offshore accommodation platform foundations must not exceed—
(a)5,625 square metres excluding scour protection; and
(b)30,625 square metres including scour protection.
(12) The total seabed footprint area for offshore electrical installation foundations must not exceed—
(a)101,250 square metres excluding scour protection; and
(b)371,250 square metres including scour protection.
(13) The total number of gravity base structures may not exceed ten for offshore electrical installations and offshore accommodation platforms.
(14) The offshore electrical installations and offshore accommodation platform comprised in the authorised project must be constructed in accordance with parameters set out in the pro–rata annex.
(15) A bridge link forming part of the authorised development must be installed at a minimum height of 20 metres when measured from LAT.
4. The total volume of scour protection for wind turbine generators, offshore accommodation platform and offshore electrical installations may not exceed 2,172,040 cubic metres and must be in accordance with the pro–rata annex.
5.—(1) The number of cable circuits must not exceed six.
(2) The cables comprising Work No. 1(c) must not—
(a)exceed 600 kilometres in length; and
(b)be subject to cable protection with an area greater than 624,000 square metres.
(3) The cables comprising Work No. 2(d) must not—
(a)exceed 90 kilometres in length; and
(b)be subject to cable protection with an area greater than 94,000 square metres.
(4) The cables comprising Work No. 2(e) must not—
(a)exceed 654 kilometres in length; and
(b)be subject to cable protection with an area greater than 792,000 square metres.
(5) The total number of the cable crossings must not exceed—
(a)32 within the area of Work Nos. 1 and 2(d); and
(b)54 within the area utilised for Work No. 2(e);
unless otherwise agreed with the MMO.
(6) The total volume of cable protection must not exceed 2,042,000 cubic metres with a maximum footprint of 2,058,000 square metres.
(7) The cables and cable circuits comprised in the authorised development must be constructed in accordance with the parameters set out in the pro–rata annex.
6.—(1) No stage of the connection works in Work No. 7 may commence until a net gain strategy (which must accord with the outline net gain strategy) in relation to that stage has been submitted to and approved by the relevant planning authority, in consultation with the relevant SNCBs.
(2) The net gain strategy must be implemented as approved.
7.—(1) Construction of Work No. 7(a) and (b) may not commence until detailed plans and drawings of—
(a)the layout;
(b)scale;
(c)proposed finished ground levels;
(d)external appearance and materials;
(e)hard surfacing materials;
(f)vehicular and pedestrian access, parking and circulation areas;
(g)minor structures, such as furniture, refuse or other storage units, signs and lighting;
(h)proposed and existing functional services above and below, ground, including drainage, power and communications cables and pipelines, manholes and supports; and
(i)means to control operational noise from Work No. 7 to a level no greater than 5dB above representative background (LA90,T) at the nearest identified noise sensitive receptors;
relating to that work of the authorised project have been submitted to and approved by the relevant planning authority.
(2) The details submitted under sub-paragraph (1) must be in accordance with the outline design plan.
(3) The details submitted under sub-paragraph (1) must be subject to a design review process carried out by an independent design review panel to the satisfaction of the relevant planning authority.
(4) Work No. 7(a) and (b) must be carried out in accordance with the approved details.
(5) Work No. 7(a) and (b) may not commence until confirmation of the choice of HVDC or HVAC or a combination of both has been provided to the relevant planning authority, either before, or at the same time as, the details referred to in sub–paragraph (1).
8.—(1) No stage of the connection works may commence until a written landscape management plan and associated work programme (which accords with the outline landscape management plan and outline ecological management plan) for that stage of the connection works has been submitted to and approved by the relevant planning authority in consultation with the relevant SNCBs and Historic England.
(2) The landscape management plan must include details of—
(a)surveys, assessments and method statements as guided by BS 5837 and the Hedgerows Regulations 1997;
(b)location, number, species, size and planting density of any proposed planting;
(c)cultivation, importing of materials and other operations to ensure plant establishment; and
(d)implementation timetables for the relevant stage of the landscaping works.
(3) The landscape management plan must be carried out as approved.
9.—(1) All landscape works must be carried out in accordance with the landscape management plans approved under requirement 8 (provision of landscaping), and in accordance with the relevant recommendations of appropriate British Standards.
(2) Unless otherwise stated in the approved landscape management plan or enhancement strategy approved under requirement 23, any tree or shrub planted as part of an approved landscape management plan that, within a period of five years after planting, is removed by the undertaker, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted unless otherwise approved by the relevant planning authority.
(3) Unless otherwise stated in the approved landscape management plan or enhancement strategy, within a period of five years after completion of the planting of the approved landscape works comprising Work No. 7(f), a landscape management and maintenance plan for Work No. 7(f) must be submitted to and approved by the relevant planning authority.
(4) The landscape management and maintenance plan for Work No. 7(f) must include details of the management and maintenance of Work No. 7(f) until the connection works are decommissioned in accordance with the onshore decommissioning plan approved under requirement 25 (onshore decommissioning).
(5) The landscape management and maintenance plan for Work No. 7(f) must be carried out as approved.
10.—(1) No stage of the connection works may commence until a written ecological management plan (which accords with the outline ecological management plan and the relevant recommendations of appropriate British Standards) for that stage of the connection works reflecting the survey results and ecological mitigation has been submitted to and approved by the relevant planning authority in consultation with the relevant SNCBs and (where works have potential to impact wetland habitats) the Environment Agency.
(2) The ecological management plan must include an implementation timetable for the relevant stage of the connection works and must be carried out as approved.
11.—(1) Construction of any new permanent or temporary means of access to a highway, or alteration, or use of an existing means of access to a highway, must not commence until an access plan for that access has been submitted to and approved by the relevant highway authority.
(2) The access plan must include details of the siting, design, layout, visibility splays, access management measures, lighting, signing, safety measures and a maintenance programme relevant to the access it relates to.
(3) The highway accesses (including visibility splays) must be constructed and maintained in accordance with the approved details.
12.—(1) No stage of the connection works may commence until details of all proposed permanent fences, walls or other means of enclosure of that stage of the connection works have been submitted to and approved by the relevant planning authority.
(2) The details submitted under paragraph (1) must be in accordance with the outline design plan.
(3) Any approved permanent fencing in relation to the connection works in Work No. 7 must be completed before those works are brought into use and must be maintained until the connection works are decommissioned in accordance with the onshore decommissioning plan approved under requirement 25 (onshore decommissioning).
13.—(1) The details of any temporary fences, walls, or other means of enclosure required for the construction of the connection works must be included in the code of construction practice approved under requirement 18 (which must accord with the outline code of construction practice).
(2) All construction sites must remain securely enclosed at all times during construction of the connection works in accordance with the details approved under sub-paragraph (1) above.
(3) The temporary fencing or other temporary means of enclosure must be removed on completion of that stage of the connection works to the satisfaction of the relevant planning authority.
14.—(1) No stage of the connection works may commence until written details of the surface and (if any) foul water drainage system (including means of pollution control) (which must accord with the outline onshore infrastructure drainage strategy) for the construction of that stage of the connection works have, after consultation with the relevant sewerage and drainage authorities and the Environment Agency, been submitted to and approved by the lead local flood authority.
(2) No stage of the connection works may commence operation until written details of the surface and (if any) foul water drainage system (including means of pollution control) for that stage of the connection works have, after consultation with the relevant sewerage and drainage authorities and the Environment Agency, been submitted to and approved by the lead local flood authority.
(3) The surface and foul water drainage system must be constructed, operated and maintained in accordance with the approved details.
15.—(1) No stage of the connection works or Work No. 5 may commence until a written scheme to deal with the contamination of any land (including groundwater) of that stage of the connection works or Work No. 5 within the Order limits that is likely to cause significant harm to persons or pollution of controlled waters or the environment has been submitted to, and approved by, the relevant 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, 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) Such remediation as may be identified in the approved scheme must be carried out in accordance with the approved scheme.
16.—(1) No stage of the connection works in Work No. 7 may commence until, in respect of that installation, a detailed surface water scheme has been prepared in consultation with the relevant sewerage and drainage authorities and the Environment Agency and submitted to and approved by the lead local flood authority.
(2) The detailed surface water schemes must accord with the outline onshore infrastructure drainage strategy and—
(a)be based on sustainable drainage principles;
(b)include an assessment of the hydrological and hydrogeological context of the connection works in Work No. 7; and
(c)include detailed designs of a surface water drainage scheme.
(3) Construction of the connection works in Work No. 7 must be carried out in accordance with the approved scheme.
17.—(1) No stage of the connection works or Work No. 5 may commence until a written scheme of archaeological investigation (which must accord with the outline written scheme of investigation for onshore archaeology) for that stage of the connection works or Work No. 5 has been submitted to and approved by the relevant planning authority in consultation with Historic England.
(2) Archaeological investigations carried out as part of onshore site preparation works must only take place in accordance with a specific written scheme of investigation (which must accord with the outline written scheme of investigation for onshore archaeology) which has been submitted to and approved by the relevant planning authority in consultation with Historic England.
(3) All archaeological investigations (other than archaeological investigations carried out as part of onshore site preparation works referred to in sub-paragraph (2)) must be carried out in accordance with the written scheme of archaeological investigation approved under sub-paragraph (1).
(4) The archaeological site investigations and post investigation assessment must be completed in accordance with the programme set out in the written scheme of archaeological investigation and provision made for analysis, publication and dissemination of results and archive deposition.
18.—(1) No stage of the connection works, Work No. 2 (f) or Work No. 5 may commence until a code of construction practice (which must accord with the outline code of construction practice but may not include the outline construction traffic management plan in the event that the outline construction traffic management plan has been, or is in the process of being, approved separately pursuant to requirement 19) for that stage of the connection works has been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency, the relevant SNCBs and, if applicable, the MMO.
(2) All connection works must be undertaken in accordance with the relevant approved code of construction practice.
19.—(1) No stage of the connection works or Work No. 5 may commence until written details of a construction traffic management plan (which accords with the outline construction traffic management plan) for that stage of the connection works or Work No. 5 has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authorities (and approved by Network Rail in accordance with paragraph 5 of Part 4 of Schedule 9).
(2) The construction traffic management plan must be implemented as approved.
20.—(1) No stage of the connection works may commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by that stage of the connection works or in any of the trees to be lopped or felled as part of that stage of the connection works.
(2) Where a European protected species is shown to be present, the relevant stage(s) of the connection works must not begin until, after consultation with the relevant SNCBs and the relevant planning authority, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority or a European protected species licence granted by Natural England.
(3) The connection works must be carried out in accordance with the approved scheme.
(4) In this Requirement, “European Protected Species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017(1).
21. Any land landward of MLWS within the Order limits which is used temporarily for construction of the connection works and not ultimately incorporated in permanent works or approved landscaping, must be reinstated in accordance with such details as have been submitted to and approved by the relevant planning authority in consultation with, where appropriate, the MMO, and the relevant highway authority, as soon as reasonably practicable and in any event within twelve months of completion of the connection works.
22.—(1) Work Nos. 7(a), (b) and (c) commence operations until a noise management plan (NMP) for those works has been submitted to and approved by the relevant planning authority.
(2) The NMP must set out the particulars of—
(a)any necessary noise attenuation and mitigation measures to be taken to minimise noise resulting from Work No. 7, including any noise limits; and
(b)a scheme for monitoring attenuation and mitigation measures provided under sub-paragraph (a) which must include—
(i)the circumstances under which noise will be monitored;
(ii)the locations at which noise will be monitored;
(iii)the method of noise measurement (which must be in accord with BS 4142:2014+A1:2019, an equivalent successor standard or other agreed noise measurement methodology appropriate to the circumstances); and
(iv)a complaints procedure.
(3) The NMP must be implemented as approved.
23.—(1) No stage of the connection works may commence until written details of an enhancement strategy (which accords with the outline enhancement strategy) for that stage of the connection works has been submitted to and approved by the relevant planning authority.
(2) The enhancement strategy must be implemented as approved.
24.—(1) No wind turbine generator forming part of the authorised development is permitted to rotate its rotor blades on its horizontal axis until the Secretary of State, having consulted with the Ministry of Defence, confirms satisfaction that appropriate mitigation will be implemented and maintained for the life of the authorised development and that arrangements have been put in place with the Ministry of Defence to ensure that the approved mitigation is implemented.
(2) For the purposes of this requirement—
“appropriate mitigation” means measures to prevent or remove any unacceptable effects which the authorised development will have on air defence radar capability of Remote Radar Head (RRH) Staxton Wold and the Ministry of Defence’s air surveillance and control operations that it supports;
“approved mitigation” means the detailed Radar Mitigation Scheme (RMS) that will set out the appropriate measures and timescales for implementation as agreed with the Ministry of Defence at the time the Secretary of State confirms satisfaction in accordance with sub-paragraph (1); and
“Ministry of Defence” means the Ministry of Defence as represented by Defence Infrastructure Organisation – Safeguarding, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire, WS14 9PY or any successor body.
(3) The undertaker must thereafter comply with all other obligations contained within the approved mitigation for the life of the authorised development.
25.—(1) Within three months of the permanent cessation of operation of the connection works an onshore decommissioning plan must be submitted to the relevant planning authority for approval unless otherwise agreed by the relevant planning authority.
(2) The relevant planning authority must provide its decision on the onshore decommissioning plan required under requirement 25(1) within three months of submission of such plan unless otherwise agreed by the relevant planning authority and the undertaker.
(3) The onshore decommissioning plan must be implemented as approved.
26.—(1) No stage of the connection works may commence until for that stage an employment and skills plan (which accords with the outline employment and skills plan) in relation to the authorised development has been submitted to and approved by the relevant planning authority.
(2) The employment and skills plan must be implemented as approved.
27.—(1) Work No. 7(b) must not commence until an energy balancing infrastructure HazID report (which accords with the outline energy balancing infrastructure HazID report) has been submitted to and approved by the relevant planning authority.
(2) The energy balancing infrastructure HazID report must be implemented as approved.
28.—(1) The authorised development may not be commenced until a written scheme setting out the stages of construction of the authorised project has been submitted to and approved by the relevant planning authority, in relation to the connection works, or the MMO, in relation to works seaward of MHWS.
(2) The stages of construction referred to in sub–paragraph (1) must not permit the authorised development to be constructed in more than one overall phase.
(3) The scheme must be implemented as approved.
29.—(1) No wind turbine generator blades forming part of the authorised development may be installed until the Secretary of State, having consulted with NATS, has confirmed satisfaction that appropriate mitigation will be implemented and maintained for the required period and that arrangements have been put in place with NATS to ensure that the approved mitigation is implemented and in operation prior to installation of the wind turbine blades.
(2) The undertaker must thereafter comply with the obligations contained within the approved mitigation for the required period.
(3) For the purposes of this requirement—
“appropriate mitigation” means measures to mitigate any adverse effects which the operation of the authorised development will have on the primary surveillance radar at Claxby and NATS’ associated air traffic (surveillance and control) services/operations during the required period;
“approved mitigation” means the detailed Primary Radar Mitigation Scheme setting out the appropriate mitigation approved by the Secretary of State and confirmed in accordance with sub-paragraph (1);
“NATS” means NATS (En-Route) Plc (company number 04219273) or any successor body;
“the required period” means the shorter of—
the operational life of the authorised development; and
the period ending on the date notified to the Secretary of State by the undertaker and confirmed by NATS being the date on which NATS no longer requires the appropriate mitigation to be in place.
30. Where the approval, agreement or confirmation of the Secretary of State, the relevant planning authority or another person is required under a requirement, that approval, agreement or confirmation must be given in writing.
31.—(1) With respect to any requirement which requires the authorised project to be carried out in accordance with the details approved by the relevant planning authority or another organisation or body, the approved details must be carried out as approved unless an amendment or variation is previously agreed by the relevant planning authority or that other organisation or body in accordance with sub-paragraph (2).
(2) 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 organisation or body that the subject matter of the agreement sought is unlikely to give rise to any materially greater environmental effects from those assessed in the environmental statement.
(3) The approved details must be taken to include any amendments that may subsequently be approved by the relevant planning authority or that other person.