The Scarweather Sands Offshore Wind Farm Order 2004

Principal powers

Power to construct and maintain works

3.—(1) The undertaker may construct and maintain the scheduled works.

(2) The undertaker may retain and maintain the existing mast.

(3) Subject to article 4, the scheduled works must be constructed and maintained in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.

(4) The undertaker may, within the limits of deviation for the scheduled works, carry out, provide and maintain such of the following works and facilities as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction or maintenance of the scheduled works, namely—

(a) temporary or permanent landing places, jetties, or moorings or other means of accommodating vessels in the construction or maintenance of the scheduled works;

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

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

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

(e) landscaping and other works to mitigate any adverse affects of the construction, maintenance or operation of the authorised works;

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

(g) one or more additional anemometry masts;

(h) such other works and apparatus, plant and machinery of whatever nature as may be necessary or expedient.

Power to deviate

4.—(1) In constructing or maintaining any scheduled work, the undertaker may deviate—

(a) laterally from the lines or situations shown on the works plans within the limits of deviation and, in particular, the inter-turbine cables may connect within the limits of deviation with any of the wind turbines; and

(b) vertically from the levels shown on the sections in respect of—

(i) the height of the towers of the wind turbines to any extent not exceeding 24 metres downwards (subject to paragraph (2));

(ii) the depth of the foundations of the wind turbines in the sea bed to any extent upwards and to any extent not exceeding 20 metres downwards;

(iii) the cables comprised in Works Nos. 1 and 2 to any extent not exceeding 1 metre upwards or downwards (subject to paragraph (3));

(iv) Work No. 2A, to any extent not exceeding 1 metre upwards or downwards;

(v) Work No. 3 to any extent not exceeding 2 metres upwards or downwards;

(vi) any overhead electric line comprised in Work No. 4 to any extent not exceeding 10 metres upwards or 3 metres downwards;

(vii) any underground electric line comprised in Work No. 4 to any extent not exceeding 5 metres upwards or 12 metres downwards; and

(viii) Work No. 5 to any extent not exceeding 1 metre upwards or downwards.

(2) There must be a minimum distance of 25 metres between the lowest point of the rotating blades of the wind turbines and the level of high water.

(3) Subject to such variation as is agreed not to be material by the National Assembly, the cables comprised in Works Nos. 1 and 2 must be laid at a depth of not less than 1.5 metres below the level of the seabed.