The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

Article 3

SCHEDULE 2

PART 1 Requirements

Time limits

1.—(1) The Dudgeon Extension Project must commence no later than the expiration of seven years beginning with the date this Order comes into force.

(2) The Sheringham Shoal Extension Project must commence no later than the expiration of seven years beginning with the date this Order comes into force.

Detailed offshore design parameters

Wind turbine generator dimensions

2.—(1) Subject to sub-paragraph ‎(4), wind turbine generators forming part of the authorised project must not—

(a) exceed a height of 330 metres when measured from HAT to the tip of the vertical blade;

(b) exceed a rotor diameter of 300 metres;

(c) be less than 1.05 kilometres from the nearest wind turbine generator in any direction;

(d) have a distance of less than 30 metres between the lowest point of the rotating blade of the wind turbine generator and HAT;

(e) exceed 23 wind turbine generators in respect of the Sheringham Shoal Extension Project offshore works; or

(f) exceed 30 wind turbine generators in respect of the Dudgeon Extension Project offshore works.

(2) The total rotor-swept area within Work No. 1A must not exceed 1.00 square kilometres.

(3) The total rotor-swept area within Work No. 1B must not exceed 1.30 square kilometres.

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

Wind turbine generator foundations

3.—(1) Wind turbine generator foundations must be of one or more of the following foundation options: piled monopile, suction bucket monopile, piled jacket, suction bucket jacket or gravity base structure foundation.

(2) No wind turbine generator piled monopile or suction bucket monopile foundation may have a pile diameter exceeding 16 metres.

(3) No wind turbine generator gravity base structure foundation may—

(a) have a seabed base plate exceeding 60 metres in diameter; or

(b) have a gravel footing exceeding 62 metres in diameter.

(4) No wind turbine generator piled jacket or suction bucket jacket foundation may—

(a) have more than four legs;

(b) have more than four piles; or

(c) have a pile diameter exceeding four metres.

4.—(1) Within Work No. 1A, the wind turbine generator foundations must not have—

(a) a total combined seabed footprint (including scour protection) exceeding 483,491 square metres;

(b) a total combined amount of scour protection exceeding 429,770 square metres; or

(c) a total combined volume of scour protection exceeding 1,074,770 cubic metres.

(2) Within Work No. 1B, the wind turbine generator foundations must not have—

(a) a total combined seabed footprint (including scour protection) exceeding 610,726 square metres;

(b) a total combined amount of scour protection exceeding 542,867 square metres; or

(c) a total combined volume of scour protection exceeding 1,357,168 cubic metres.

Offshore Platform dimensions

5.  The dimensions of any offshore substation platform (excluding towers, masts and cranes) must not exceed—

(a) 70 metres in length;

(b) 40 metres in width; or

(c) 50 metres in height above HAT.

Offshore Platform foundations

6.—(1) Offshore substation platform foundations must be of one or more of the following foundation options: piled jacket or suction bucket jacket.

(2) No offshore substation platform foundation may—

(a) have more than four legs;

(b) have more than eight piles;

(c) have a pile diameter exceeding 3.5 metres;

(d) have a seabed footprint (excluding subsea scour protection) exceeding 707 square metres; or

(e) have a seabed footprint (including subsea scour protection) exceeding 4,761 square metres.

(3) The total amount of scour protection for the offshore substation platform in Work No. 3A or 3C must not exceed 4054 square metres.

(4) The total volume of scour protection for the offshore substation platform in Work No. 3A or 3C must not exceed 7297 cubic metres.

(5) The total amount of scour protection for the offshore substation platform in Work No. 3B or 3C must not exceed 4054 square metres.

(6) The total volume of scour protection for the offshore substation platform in Work No. 3B or 3C must not exceed 7297 cubic metres.

Cables and cable protection

7.—(1) In the event of scenario 1, scenario 2, scenario 3 or scenario 4, within Work No. 2A the in-field cables must not, in total—

(a) exceed 36 in number;

(b) exceed 90 kilometres in length;

(c) exceed 0 cable crossings;

(d) have cable protection (including cable crossings) exceeding 4,000 square metres in area; or

(e) have cable protection (including cable crossings) exceeding 1,000 cubic metres in volume.

(2) In the event of scenario 1, scenario 2, scenario 3 or scenario 4, within Work No. 2B the in- field cables must not, in total—

(a) exceed 54 in number;

(b) exceed 135 kilometres in length;

(c) exceed seven cable crossings;

(d) have cable protection (including cable crossings) exceeding 4,000 square metres in area; or

(e) have cable protection (including cable crossings) exceeding 1,000 cubic metres in volume.

(3) In the event of scenario 1, scenario 2 or scenario 3, within Work Nos. 3A to 5A, the offshore export cables must not, in total—

(a) exceed one in number;

(b) exceed 40 kilometres in length;

(c) exceed four cable crossings;

(d) have cable protection (including cable crossings) exceeding 9,504 square metres in area; or

(e) have cable protection (including cable crossings) exceeding 6885 cubic metres in volume.

(4) In the event of scenario 1, scenario 2, scenario 3 within Work Nos. 3B to 5B the offshore export cables must not, in total—

(a) exceed one in number;

(b) exceed 62 kilometres in length;

(c) exceed four cable crossings;

(d) have cable protection (including cable crossings) exceeding 9,504 square metres in area; or

(e) have cable protection (including cable crossings) exceeding 6885 cubic metres in volume.

(5) In the event of scenario 1, scenario 2 or scenario 3, within Work No. 4B the interlink cables must not, in total—

(a) exceed three in number;

(b) exceed 66 kilometres in length;

(c) exceed six cable crossings;

(d) have cable protection (including cable crossings) exceeding 6708 square metres in area; or

(e) have cable protection (including cable crossings) exceeding 1896 cubic metres in volume.

(6) In the event of scenario 4 within Work Nos. 3C to 5C, the offshore export cables must not, in total—

(a) exceed two in number;

(b) exceed 80 kilometres in length;

(c) exceed eight cable crossings;

(d) have cable protection (including cable crossings) exceeding 16,008 square metres in area; or

(e) have cable protection (including cable crossings) exceeding 12,645 cubic metres in volume.

(7) In the event of scenario 4, within Work No. 4C the interlink cables must not, in total—

(a) exceed seven in number;

(b) exceed 154 kilometres in length;

(c) exceed six cable crossings;

(d) have cable protection (including cable crossings) exceeding 12,708 square metres in area; or

(e) have cable protection (including cable crossings) exceeding 3396 cubic metres in volume.

Offshore decommissioning

8.—(1) No Sheringham Shoal Extension Project offshore works may 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)(1) of the 2004 Act has been submitted to and approved by the Secretary of State.

(2) No Dudgeon Extension Project offshore works may 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 and approved by the Secretary of State.

Scenarios and Phases of authorised development

9.—(1) The undertaker may commence or exercise powers of compulsory acquisition under Part 5 of this Order in relation only to scenario 1, scenario 2, scenario 3 or scenario 4 in accordance with sub-paragraphs (2) and (3).

(2) The Sheringham Shoal Extension Project onshore works must not commence, and powers of compulsory acquisition under Part 5 of this Order must not be exercised, until notification has been submitted to the relevant planning authority as to whether SEL intends to commence scenario 1, scenario 2, scenario 3 or scenario 4.

(3) The Dudgeon Extension Project onshore works must not commence, and powers of compulsory acquisition under Part 5 of this Order must not be exercised, until notification has been submitted to the relevant planning authority as to whether DEL intends to commence scenario 1, scenario 2, scenario 3 or scenario 4.

(4) The notifications required under either sub-paragraph ‎(1) or sub-paragraph ‎(3) must be submitted to the relevant planning authority prior to submission of a written scheme to be submitted for approval under sub-paragraphs (5) or ‎(6).

(5) The Sheringham Shoal Extension Project onshore works must not be commenced until a written scheme setting out (with regards to the relevant scenario notified under sub-paragraph ‎(1)) the phases of construction of the Sheringham Shoal Extension Project onshore works has been submitted to and approved by the relevant planning authority.

(6) The Dudgeon Extension Project onshore works must not be commenced until a written scheme setting out (with regards to the relevant scenario notified under sub-paragraph ‎(3)) the phases of construction of the Dudgeon Extension Project onshore works has been submitted to and approved by the relevant planning authority.

(7) Any subsequent amendments to any written scheme submitted for approval under sub- paragraphs ‎(5) and ‎(6) must be submitted to, and approved by, the relevant planning authority.

(8) Each written scheme submitted for approval under sub-paragraphs ‎(5) and ‎(6) scheme must be implemented as approved. The approved details shall be taken to include any amendment that may subsequently be approved in accordance with sub-paragraph ‎(7).

Detailed design parameters onshore

10.—(1) Construction of Work No. 15A in the event of scenario 1 or scenario 2 must not commence until the details specified under sub-paragraph ‎(4) have been submitted to and approved in writing by the relevant planning authority.

(2) Construction of Work No. 15B in the event of scenario 1 or scenario 2 must not commence until the details specified under sub-paragraph ‎(4) have been submitted to and approved in writing by the relevant planning authority.

(3) Construction of Work Nos. 15C in the event of scenario 3 or scenario 4 must not commence until the details specified under sub-paragraph ‎(4) have been submitted to and approved in writing by the relevant planning authority.

(4) The details required for approval in accordance with either sub-paragraphs ‎(1), ‎(2) or ‎(3) are—

(a) layout;

(b) scale;

(c) proposed finished ground levels;

(d) external appearance and materials;

(e) hard surfacing materials;

(f) vehicular and pedestrian access and parking areas;

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

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

(5) The details submitted under sub-paragraphs ‎(1), ‎(2) or ‎(3) and under requirement 14 (fencing and other means of enclosure) must—

(a) be in accordance with the design and access statement; and

(b) have been subject to a design review process carried out by an independent design review panel to the satisfaction of the relevant planning authority and which must consider whether sub-paragraph (5)(a) has been satisfied and make recommendations for design improvements if not.

(6) Work Nos. 15A and 15B in the event of scenario 1 or scenario 2 or Work No.15C in the event of scenario 3 or scenario 4 must be carried out in accordance with the details approved under sub-paragraphs ‎(1), ‎(2) or ‎(3) for each work.

(7) The permanent access road to the onshore Sheringham Shoal Extension Project substation and onshore Dudgeon Extension Project substation in the event of scenario 1 or scenario 2 or to the integrated onshore substation in scenario 3 or scenario 4—

(a) must not commence until details of its precise location have been submitted to and approved in writing by the relevant planning authority; and

(b) must be no more than six metres wide.

(8) The permanent access road to the onshore Sheringham Shoal Extension Project substation and onshore Dudgeon Extension Project substation in the event of scenario 1 or scenario 2 or to the integrated onshore substation in scenario 3 or scenario 4 must be carried out in accordance with the details approved under sub-paragraph ‎(7).

(9) In the event of scenario 1(a) or scenario 1(b), the width of the onshore cable corridor must not exceed 45 metres save in respect of the following—

(a) where the onshore cables pass through or adjacent to the FEP phase 2 site, the width of the onshore cable corridor must not exceed 130 metres; and

(b) where HDD is used to install the cables (other than within or adjacent to the FEP phase 2 site under sub-paragraph ‎(a)), the width of the onshore cable corridor must not exceed 100 metres.

Provision of landscaping

11.—(1) No phase of the onshore works may commence until a written landscape management plan (which accords with the outline landscape management plan) for that phase has been submitted to, and approved by, the relevant planning authority.

(2) Each landscaping scheme must include details of all proposed hard and soft landscaping works, including—

(a) surveys, assessments and method statements;

(b) location, number, species, size and planting density of any proposed planting;

(c) cultivation, treatment of materials and other operations to ensure plant establishment;

(d) proposed finished ground levels;

(e) details of existing trees and hedges to be removed and details of existing trees and hedges to be retained, with measures for their protection during the construction period where applicable and the details provided should be in accordance with British Standard 5837:2012 “Trees in relation to design, demolition and construction” and the Hedgerow Regulations 1997; and

(f) implementation timetables for all landscaping works, including proposals for reinstatement.

(3) A landscape management plan submitted under sub-paragraph ‎(1) may cover one or more phase of the onshore works.

(4) Each landscape management plan must be implemented as approved.

Implementation and maintenance of landscaping

12.—(1) All landscaping works must be carried out in accordance with a landscape management plan approved under requirement 11 (provision of landscaping) and in accordance with the relevant recommendations of appropriate British Standards.

(2) Any tree or shrub planted as part of an approved landscape management plan that, within ten years after planting (save in relation to Work Nos. 18A. 18B, 22A and 22B, for which the relevant period is the operational lifetime of the authorised development), is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the next planting season with a specimen of the same species and size as that originally planted, unless otherwise agreed by the relevant planning authority.

(3) Any landscape management plan submitted under sub-paragraph ‎(1) may cover one or more phase of the onshore works.

Ecological management plan

13.—(1) No phase of the onshore 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 or Industry Guidance) for that phase reflecting the survey results and ecological mitigation, enhancement and biodiversity net gain measures included in the environmental statement has been submitted to and approved by the relevant planning authority in consultation with Natural England and (where works have potential to affect wetland habitat) the Environment Agency.

(2) Pre-commencement site clearance works must only take place in accordance with a specific written ecological management plan for site clearance works (which accords with the relevant details for pre-commencement site clearance works in the outline ecological management plan) has been submitted to and approved by the relevant planning authority.

(3) Any ecological management plan submitted under sub-paragraph ‎(1) may cover one or more phase of the onshore works.

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

Fencing and other means of enclosure

14.—(1) No phase of the onshore works may commence until details of all proposed permanent fences, walls or other means of enclosure for that phase have been submitted to and approved by the relevant planning authority.

(2) Any approved permanent fencing in relation to Work Nos. 15A or 15B, or in the event of scenario 3 or scenario 4, 15C must be completed before that work is brought into use.

(3) Permanent fencing, walls and other means of enclosure approved under sub-paragraphs ‎(1) and ‎(2) must be provided and maintained until the onshore works to which they relate are decommissioned in accordance with the onshore decommissioning plan approved under requirement 29 (onshore decommissioning).

Traffic and Transport

15.—(1) No phase of the onshore works may commence until for that phase a construction traffic management plan (which must be in accordance with the outline construction traffic management plan), as appropriate for the relevant phase, has for that phase been submitted to and approved by the relevant planning authority in consultation with Norfolk County Council or in respect of the strategic road network National Highways.

(2) Any plan submitted under sub-paragraph ‎(1) may cover one or more phase of the onshore works.

(3) Each plan approved under sub-paragraph ‎(1) must be implemented upon commencement of the relevant phase of the onshore works.

(4) If any of the accesses identified in the outline construction traffic management plan are required for pre-commencement archaeological investigations, a specific plan for such accesses which must accord with the relevant details set out in the outline construction traffic management plan must be submitted to and approved by the relevant planning authority, in consultation with Norfolk County Council or in respect of the strategic road network National Highways, prior to the construction and use of such accesses. The accesses identified must be constructed and used in accordance with the details contained in the specific plan so approved.

(5) During construction of the authorised development, the maximum daily vehicle trips set out in Annex A of the outline construction traffic management plan must not be exceeded.

Highway accesses

16.—(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 planning authority in consultation with Norfolk County Council or in respect of the strategic road network National Highways.

(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.

Operational Drainage Strategy

17.—(1) In the event of scenario 1 or scenario 2, each of Work Nos. 15A, 15B, 18A and 18B must not commence until a written plan for drainage during operation of the relevant work, has been submitted to and approved by the relevant planning authority, following consultation with the lead local flood authority and the Environment Agency.

(2) In the event of scenario 3 or scenario 4, Work No. 15C, 18A and 18B must not commence until a written plan for drainage during operation of the relevant work, has been submitted to and approved by the relevant planning authority, following consultation with, the lead local flood authority and the Environment Agency.

(3) Each operational drainage strategy must accord with the principles for the relevant work set out in the outline operational drainage strategy (onshore substation), must include a timetable for implementation, and must include provision for the maintenance of any measures identified.

(4) Each operational drainage strategy must be implemented as approved.

Onshore Archaeology

18.—(1) No phase of the onshore works may commence until a written scheme of archaeological investigation for that phase (which must accord with the outline written scheme of investigation (onshore)) has, after consultation with Norfolk County Council and the statutory historic body, been submitted to and approved by the relevant planning authority.

(2) Each scheme must—

(a) set out a pre-construction programme of archaeological evaluation that defines the extent and character of archaeological sites and identifies where subsequent archaeological mitigation (i.e. archaeological excavation or monitoring) are required;

(b) set out the programme and methodology for site investigation and recording;

(c) set out the programme for post-excavation assessment, the results of which may inform the scope of analysis;

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

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

(f) provision to be made for archive deposition of the analysis and records of the site investigation; and

(g) nominate a competent person or organisation to undertaker the works set out in the written scheme of investigation.

(3) Any written scheme of archaeological investigation or archaeological monitoring works submitted under sub-paragraph ‎(1) may cover one or more phase of the onshore works.

(4) Any archaeological investigations must be carried out in accordance with a scheme approved under sub-paragraph ‎(1).

(5) The pre-construction archaeological evaluation, archaeological site investigations, archaeological monitoring and post-excavation assessment for each phase must be completed for that phase in accordance with the programme set out in the relevant written scheme of archaeological investigation and provision made for analysis, publication and dissemination of results and archive deposition secured for that phase.

(6) For the purposes of this requirement 18 only, the definition of “commence” includes intrusive archaeological investigations.

Code of construction practice

19.—(1) No phase of the onshore works may commence until a code of construction practice (which must accord with the outline code of construction practice) for that phase has been submitted to and approved by the relevant planning authority following consultation as appropriate with Norfolk County Council, the Environment Agency, Natural England and, if applicable, the MMO.

(2) Any code of construction practice submitted under sub-paragraph ‎(1) may cover one or more phase of the onshore works.

(3) All construction works for each phase must be undertaken in accordance with the relevant approved code of construction practice.

(4) Pre-commencement screening and fencing works must only take place in accordance with a specific plan for such pre-commencement works which must accord with the relevant details for screening and fencing security set out in the outline code of construction practice, and which has been submitted to and approved by the relevant planning authority.

Construction hours

20.—(1) Construction work for the onshore works must only take place between 0700 hours and 1900 hours Monday to Friday, and 0700 hours to 1300 hours on Saturdays, with no activity on Sundays or bank holidays, except as specified in sub-paragraphs ‎(2) to ‎(4).

(2) Outside the hours specified in sub-paragraph ‎(1), construction work may be undertaken for essential activities including but not limited to—

(a) continuous periods of operation that are required as assessed in the environmental statement, such as concrete pouring, drilling, dewatering, cable jointing, pulling cables (including fibre optic cables) through ducts and HDD at three locations only: the A11 (Crossing RDX048); the Cambridge to Norwich Railway Line (Crossing RLX002); and the North Norfolk Railway Line (Crossing RLX001);

(b) delivery to the onshore works of abnormal loads that may otherwise cause congestion on the local road network;

(c) works required that may necessitate the temporary closure of roads;

(d) onshore works at the landfall;

(e) commissioning or outage works associated with the National Grid substation connection works;

(f) electrical installation; or

(g) emergency works.

(3) Outside the hours specified in sub-paragraph ‎(1), construction work may be undertaken for non-intrusive activities including but not limited to—

(a) fitting out works within—

(i) the onshore HVAC substation buildings comprised within Work Nos. 15A and 15B in the event of scenario 1 or scenario 2; or

(ii) the integrated onshore substation building comprised within Work No. 15C in the event of scenario 3 or scenario 4; and

(b) daily start up or shut down.

(4) Save for emergency works, full details, including but not limited to type of activity, vehicle movements and type, timing and duration and any proposed mitigation, of all essential construction activities under sub-paragraph (2) and undertaken outside of the hours specified in sub-paragraph ‎(1) must be agreed with the relevant planning authority in writing in advance, and must be carried out within the agreed time.

(5) In the event of an emergency, notification of that emergency must be given to the relevant planning authority and the relevant highway authority as soon as reasonably practicable.

(6) For the purposes of this requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action.

Control of noise during operational phase

21.—(1) In the event of scenario 1 or scenario 2, prior to the commencement of Work No. 15A a noise management plan for those works must be submitted to and approved by the relevant planning authority.

(2) In the event of scenario 1 or scenario 2, prior to the commencement of Work No. 15B a noise management plan for those works must be submitted to and approved by the relevant planning authority.

(3) In the event of scenario 3 or scenario 4, prior to the commencement of Work No. 15C a noise management plan for those works must be submitted to and approved by the relevant planning authority.

(4) Any noise management plan submitted under sub-paragraphs ‎(1), ‎(2) or ‎(3) must set out the particulars of—

(a) an assessment of noise from the substation, demonstrating that the rating level of the substation sound does not exceed the background sound level by more than 5 decibels at nearby receptors, subject to context. The rating level, background sound level and context should be determined in accordance with British Standard 4142:2014+A1:2019 ‘Methods for rating and assessing industrial and commercial noise’ or an equivalent successor standard;

(b) the noise attenuation and mitigation measures to be taken to minimise noise resulting from those works, including any noise limits;

(c) a scheme for monitoring noise levels 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 accordance with British Standard 4142:2014+A1:2019, an equivalent successor standard or other agreed noise measurement methodology appropriate to the circumstances); and

(d) a complaints procedure.

(5) Any noise management plan approved under sub-paragraphs ‎(1), ‎(2) or ‎(3) must be implemented as approved.

Control of artificial light emissions

22.—(1) In the event of scenario 1 or scenario 2, Work No. 15A must not be brought into operation until a written scheme for the management and mitigation of artificial light emissions during the operation of that work has been submitted to and approved by the relevant planning authority.

(2) In the event of scenario 1 or scenario 2, Work No. 15B must not be brought into operation until a written scheme for the management and mitigation of artificial light emissions during the operation of that work has been submitted to and approved by the relevant planning authority.

(3) In the event of scenario 3 or scenario 4, Work No. 15C must not be brought into operation until a written scheme for the management and mitigation of artificial light emissions during the operation of that work has been submitted to and approved by the relevant planning authority.

(4) Any scheme approved under sub-paragraphs ‎(1), ‎(2) or ‎(3) must be implemented as approved.

European protected species: onshore

23.—(1) No phase of the onshore 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 phase of the onshore works or in any of the trees to be lopped or felled as part of that phase of the onshore works.

(2) Where a European protected species is shown to be present, the relevant phase of the onshore works must not commence until, after consultation with Natural England 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 onshore 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 2017 Regulations.

Public Rights of Way Strategy

24.—(1) No phase of the onshore works that would affect a public right of way specified in Schedule 4 is to be undertaken until a public rights of way strategy in respect of that phase and in accordance with the outline public rights of way strategy, including the specification for making up of an alternative right of way (where appropriate) has been submitted to and approved by the relevant planning authority in consultation with Norfolk County Council.

(2) Any alternative public rights of way must be implemented in accordance with the approved public rights of way strategy.

Restoration of land used temporarily for construction

25.  Subject to article 25 (temporary use of land for carrying out the authorised project), any land landward of MLWS within the Order limits that is used temporarily for construction of the onshore works, and not ultimately incorporated in permanent works or approved landscaping, must be reinstated to its former condition, or such condition as the relevant planning authority may approve, as soon as reasonably practicable and in any event within 12 months of completion of the relevant phase of the onshore works, or such other period as the relevant planning authority may approve.

Local skills and employment

26.—(1) No phase of the Sheringham Shoal Extension Project onshore works may commence until a skills and employment plan (which accords with the outline skills and employment plan) has been submitted to and approved in writing by Norfolk County Council.

(2) No phase of the Dudgeon Extension Project onshore works may commence until a skills and employment plan (which accords with the outline skills and employment plan) has been submitted to and approved in writing by Norfolk County Council.

(3) Prior to submission of a skills and employment plan for approval in accordance with sub- paragraph ‎(1) or sub-paragraph ‎(2), the undertaker must consult North Norfolk District Council, Broadland District Council, South Norfolk District Council, Norfolk County Council and the New Anglia Local Enterprise Partnership on the content of the plan.

(4) Each skills and employment plan must be implemented as approved.

Ministry of Defence surveillance operations

27.—(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 in writing 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—

(a) “appropriate mitigation” means measures to prevent or remove any adverse effects which the authorised development will have on the air defence radar(s) at Remote Radar Head (RRH) Neatishead and the Ministry of Defence’s air surveillance and control operations;

(b) “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 writing in accordance with sub-paragraph ‎(1); and

(c) “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.

Cromer and Claxby Primary Surveillance Radar

28.—(1) No part of any wind turbine generator (excluding foundations) shall be erected as part of the authorised development until a primary radar mitigation scheme agreed in advance with the operator has been submitted to and approved in writing by the Secretary of State in order to avoid the impact of the development on the primary radar of the operator located at Claxby and Cromer and associated air traffic management operations.

(2) No part of any wind turbine generator (excluding foundations) shall be erected until the approved primary radar mitigation scheme has been implemented and then shall thereafter be operated fully in accordance with such approved scheme.

(3) For the purposes of this requirement—

(a) “operator” means NATS (En Route) plc, incorporated under the Companies Act (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services to the relevant managed area (within the meaning of section 40 of that Act); and

(b) “primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to avoid at all times the impact of the development on the Claxby and Cromer primary radar and air traffic management operations of the operator.

Onshore decommissioning

29.—(1) Within six months of the permanent cessation of commercial operation of the Sheringham Shoal Extension Project onshore works, an onshore decommissioning plan must be submitted to the relevant planning authority for approval unless otherwise agreed in writing by the relevant planning authority.

(2) Within six months of the permanent cessation of commercial operation of the Dudgeon Extension Project onshore works, an onshore decommissioning plan must be submitted to the relevant planning authority for approval unless otherwise agreed in writing by the relevant planning authority.

(3) The relevant planning authority must provide its decision on any onshore decommissioning plan submitted under sub-paragraphs ‎(1) or ‎(2) within three months of submission of each plan unless otherwise agreed in writing between the relevant planning authority and the undertaker.

(4) Any decommissioning plan approved under this requirement must be implemented as approved.

(5) For the purposes of this requirement—

“Dudgeon Extension Project onshore works” means—

(a)

in the event of scenario 1 or scenario 2, Work Nos. 8B to 22B and any other authorised development associated with those works; or

(b)

in the event of scenario 3, Work Nos. 8B to 14B, all or any part of the scenario 3 integrated onshore works operated by or for the benefit of DEL, Work Nos. 18B to 22B, and any other authorised development associated with those works; or

(c)

in the event of scenario 4, Work Nos. 10B, 11B, 13B, 14B, all or any part of the scenario 4 integrated onshore works operated by or for the benefit of DEL, Work Nos. 18B to 22B, and any other authorised development associated with those works; and

“Sheringham Shoal Extension Project onshore works” means—

(a)

in the event of scenario 1 or scenario 2, Work Nos. 8A to 22A and any other authorised development associated with those works; or

(b)

in the event of scenario 3, Work Nos. 8A to 14A, all or any part of the scenario 3 integrated onshore works operated by or for the benefit of SEL, Work Nos. 18A to 22A and any other authorised development associated with those works; or

(c)

in the event of scenario 4, Work Nos. 10A, 11A, 13A, 14A, all or any part of the scenario 4 integrated onshore works operated by or for the benefit of SEL, Work Nos. 18A to 22A and any other authorised development associated with any of those works.

Notification of generation of power

30.—(1) SEL must notify the relevant planning authority and the MMO upon first generation of power from each phase of the Sheringham Shoal Extension Project no later than seven days after the occurrence of this event.

(2) DEL must notify the relevant planning authority and the MMO upon first generation of power from each phase of the Dudgeon Extension Project no later than seven days after the occurrence of this event.

Amendments to approved details

31.—(1) Where any requirement requires the authorised project to be carried out in accordance with the details approved by the relevant planning authority or another person (the “approving authority”), the approved details must be taken to include any amendments that may subsequently be approved by the approving authority (after consulting any person that the approving authority is required to consult under the relevant requirement).

(2) The approving authority must not approve an amendment unless it is satisfied that the amendment is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Contaminated land and groundwater scheme

32.—(1) Pre-commencement remedial work and onshore works in respect of any ground contamination or other adverse ground conditions must only take place in accordance with a scheme to deal with the contamination of any land (including groundwater) that is likely to cause significant harm to persons or pollution of controlled waters or the environment which has been submitted to, and approved by, the relevant planning authority in consultation with the Environment Agency.

(2) Each scheme submitted under sub-paragraph (1) must include an investigation and assessment report, prepared by a specialist consultant 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 measures in the event that contamination not previously identified is found to be present and long-term measures with respect to any contaminants remaining on the site.

(3) Such remediation as may be identified in each approved scheme must be carried out in accordance with that approved scheme.

Onshore collaboration

33.  In the event of scenario 1(c), scenario 1(d) or scenario 2 SEL and DEL must—

(a) before submitting any plan or document required to be submitted for approval under the requirements, provide a copy of the plan or document to the other undertaker to enable the other undertaker to provide comments on the relevant plans and documentation; and

(b) when submitting any plan or document referred to in sub-paragraph ‎(a) for approval, submit any comments duly received from the other undertaker or a statement confirming that no such comments were received.

Mitigation of effects on pink footed geese

34.—(1) No phase of the onshore works within 10.4km of the North Norfolk Coast Special Protection Area may commence until a scheme for protection and mitigation measures for pink footed geese has been submitted at least four months prior to any works commencing and been approved by the relevant planning authority in consultation with Natural England.

(2) The scheme of protection and mitigation measures submitted for approval under sub-paragraph ‎(1) must include—

(a) details of pre-construction surveys to be undertaken to establish whether any pink footed geese are present on any of the land affected, or likely to be affected, by that phase of the onshore work;

(b) details of ongoing monitoring to be undertaken during the phase of the onshore work; and

(c) details of the mitigation measures to be undertaken if the pre-construction or ongoing monitoring identifies the presence of pink footed geese in any of the land affected, or likely to be affected, by that phase of the onshore work.

(3) The relevant phase of the onshore works must be carried out in accordance with any scheme approved under sub-paragraph ‎(1).

(4) Sub-paragraph ‎(1) does not apply if the relevant planning authority confirms, after consultation with Natural England, that no scheme of protection and mitigation measures for pink footed geese is required for the relevant phase of the onshore works.

Obstacle free zone for navigational safety

35.  No infrastructure of any type included within the offshore works, including wind turbine generators and offshore substation platforms, shall be installed within the area defined by the coordinates as specified below and no part of any wind turbine generator, including its blades, may overfly into the area:

Point ID of the area	Latitude (D°M.MM)	Longitude (D°M.MM)
A (NW corner)	53° 21.1541′ N	1° 10.1853′ E
B (SW corner)	53° 19.0449′ N	1° 12.3327′ E
C (NE corner)	53° 21.1558′ N	1° 11.8346′ E
D (SE corner)	53° 19.5696′ N	1° 13.6102′ E

PART 2 Approval of matters specified in requirements

Applications made under requirements

1.  Where an application has been made to the relevant authority (“ the approving authority”) for any agreement or approval required pursuant to a requirement included in this Order, the approving authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period of 56 days beginning with—

(a) the day immediately following that on which the application is received by the approving authority;

(b) where further information is requested under requirement 37, the day immediately following that on which the further information has been supplied by the undertaker; or

(c) such longer period as may be agreed by the undertaker and the approving authority.

Further information

2.—(1) Where an application has been made under paragraph 1 the approving authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application.

(2) If the approving authority considers further information is needed, and the requirement does not specify that consultation with a requirement consultee is required, it must, within 21 days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the requirement indicates that consultation must take place with a consultee the approving authority must issue the consultation to the requirement consultee within seven days of receipt of the application. Where the consultee requires further information they must notify the approving authority in writing specifying the further information required within 21 days of receipt of the consultation. The approving authority must notify the undertaker in writing specifying any further information requested by the consultee within seven days of receipt of such a request.

(4) In the event that the approving authority does not give such notification as specified in sub- paragraphs ‎(2) or ‎(3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

(5) An approving authority may request further information under sub-paragraph ‎(1) on more than one occasion provided that all such requests are made within the period specified in sub- paragraphs ‎(2) and ‎(3).

Provision of information by Consultees

3.—(1) Any consultee who receives a consultation under sub-paragraph 2(3) must respond to that request within 28 days from receipt unless either sub-paragraph ‎(2) of this paragraph applies or a longer period is agreed with both the undertaker and the approving authority.

(2) Where any consultee requests further information in accordance with the timescales set out in sub-paragraph 2(3) then they must respond to the consultation within 14 days from the receipt of the further information requested unless a longer period is agreed with both the undertaker and the approving authority.

Fees

4.—(1) Where an application is made to the approving authority for agreement or approval in respect of a requirement the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012(2) (or any regulations replacing the same) is to be paid by the undertaker to the approving authority in accordance with these regulations.

(2) Any fee paid under this Schedule must be refunded to the undertaker within four weeks of the application being rejected as invalidly made.

Appeal

5.—(1) The undertaker may appeal to the Secretary of State in the event that—

(a) the approving authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions;

(b) the approving authority does not give notice of its decision to the undertaker within the time period specified in paragraph 1;

(c) on receipt of a request for further information under paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the approving authority is not necessary for the consideration of the application; or

(d) on receipt of any further information requested, the approving authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for the consideration of the application.

(2) The appeal process is to be as follows—

(a) any appeal by the undertaker must be made within 42 days of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 36(1), giving rise to the appeal referred to in sub-paragraph (1);

(b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”);

(c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (the “appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph ‎(2);

(d) the relevant planning authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within 21 days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(e) the appeal parties must make any counter-submissions to the appointed person within 21 days of receipt of written representations pursuant to sub-paragraph ‎(2)‎(d); and

(f) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 42 days of the later of—

(i) the deadline for receipt of written representations pursuant to sub-paragraph ‎(2)‎(d); or

(ii) the deadline for the receipt of counter-submissions pursuant to sub-paragraph ‎(2)‎(e).

(3) The appointment of the person pursuant to sub-paragraph ‎(2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph ‎(2).

(5) Any further information required under sub-paragraph ‎(4) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the relevant planning authority and any consultee required to be consulted pursuant to the requirement the subject of the appeal on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 12 days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs ‎(2)(d) to ‎(2)(f).

(6) On an appeal under this sub-paragraph, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not).

(7) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits.

(8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case and may deal with the application as if it had been made to the appointed person in the first instance.

(9) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(10) If an approval is given by the appointed person pursuant to this article, it is to be deemed to be an approval for the purpose of Schedule 2 as if it had been given by the approving authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

(11) Save where a direction is given pursuant to sub-paragraph ‎(12) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

(12) On application by the approving authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

(1)

Section 105(2) was substituted by section 69(3) of the Energy Act 2008 (c. 32).

(2)

S.I. 2012/2920.