Legislation – The Five Estuaries Offshore Wind Farm Order 2025

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Introduction

PART 1
Preliminary

1 Citation and commencement

2 Interpretation

PART 2
Principal Powers

3 Development consent etc. granted by the Order

4 Operation of generating station

5 Deemed marine licences under the 2009 Act

6 Power to maintain the authorised development

7 Benefit of the Order

8 Application and modification of legislative provisions

9 Defence to proceedings in respect of statutory nuisance

PART 3
Streets

10 Street works

11 Application of the 1991 Act

12 Construction and maintenance of new or altered highway

13 Temporary closure of public rights of way

14 Temporary restriction of use of streets

15 Access to works

16 Traffic regulation

17 Power to alter layout etc. of streets

PART 4
Supplemental powers

18 Discharge of water

19 Authority to survey and investigate the land

20 Protective work to buildings

PART 5
Powers of acquisition

21 Compulsory acquisition of land

22 Time limit for exercise of authority to acquire land compulsorily

23 Compulsory acquisition of rights

24 Compulsory acquisition of land: minerals

25 Private rights

26 Application of the 1981 Act

27 Acquisition of subsoil only

28 Modification of Part 1 of the 1965 Act

29 Rights under or over streets

30 Temporary use of land for carrying out the authorised development

31 Temporary use of land for maintaining the authorised development

32 Statutory undertakers

33 Recovery of costs of new connections

34 Funding

PART 6
Miscellaneous and general

35 Application of landlord and tenant law

36 Felling or lopping of trees and removal of hedgerows

37 Trees subject to tree preservation orders

38 Abatement of works abandoned or decayed

39 Saving provisions for Trinity House

40 Crown rights

41 Protective provisions

42 Application of the 1990 Act

43 Certification of plans, etc.

44 Service of notices

45 No double recovery

46 Requirements

47 Arbitration

48 Compensation

SCHEDULES

SCHEDULE 1 Authorised development

SCHEDULE 2 Requirements

SCHEDULE 3 Streets subject to street works

SCHEDULE 4 Traffic Regulation

SCHEDULE 5 Access to works

SCHEDULE 6 Land of which temporary possession may be taken

SCHEDULE 7 Land in which only new rights etc. may be acquired

SCHEDULE 8 Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants

SCHEDULE 9 Protective provisions

SCHEDULE 10 Deemed marine licence – Generation Assets

SCHEDULE 11 Deemed marine licence – Transmission Assets

SCHEDULE 12

SCHEDULE 13 Compensation

SCHEDULE 14 Arbitration rules

SCHEDULE 15 Documents to be certified

SCHEDULE 16 Offshore co-ordinates

Signature

Explanatory note

PART 5Powers of acquisition

Temporary use of land for maintaining the authorised development31.

(1)

Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a)

enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised development; and

(b)

construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2)

Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a)

any house or garden belonging to a house; or

(b)

any building (other than a house) if it is for the time being occupied.

(3)

Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4)

The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5)

Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6)

The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(7)

Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8)

Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9)

Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10)

Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11)

In this article “the maintenance period”, in relation to any part of the authorised development, means the period of five years beginning with the date on which the authorised development is brought into commercial operation.