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

SCHEDULE 1Authorised development

Article 2

PART 1Authorised development

A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 15 (generating stations) of the 2008 Act which is located in the Southern North Sea approximately 37 kilometres from the coast of Suffolk at its nearest point, comprising—

Work No. 1

(a)

an offshore wind turbine generating station with a gross electrical output capacity of over 100 megawatts, comprising up to 79 wind turbine generators each fixed to the seabed by a foundation, and further comprising (b) and (c) below;

(b)

a network of subsea inter-array cables, including cable crossings and cable protection; and

(c)

floating buoys;

and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising—

Work No. 2 — Electrical export works comprising—

(a)

up to two offshore substation platforms each fixed to the seabed by a foundation;

(b)

up to two subsea cable circuits between the offshore platforms forming Work No. 2(a) including cable crossings and cable protection; and

(c)

up to two subsea cable circuits between Work No. 2(a) and Work No. 3, cable protection and cable crossings.

Work No. 2A — Sheet piling works and creation of pits for trenchless installation techniques, including installation of up to two cable ducts, installation and use of temporary construction working areas, cable installation vessel anchoring and works to allow vessels to remain in place at low tide.

Work No. 3 — Installation of up to two subsea cable circuits between Work No. 2 and Work No. 4, including up to two cable ducts, cable protection and cable crossings and further including—

(a)

sheet piling works including creation of pits for trenchless installation techniques, trenchless installation technique works including the creation of entrance and exit pits; and

(b)

installation and use of temporary construction working areas, cable installation vessel anchoring, works to allow vessels to remain in place at low tide and laydown area.

Work Nos. 1, 2, 2A and 3 are to be constructed seaward of MHWS within the area delineated by the co-ordinates shown on the offshore order limits and co-ordinates plan and listed in Table 1 of Schedule 16 (offshore co-ordinates), and within the area for each Work No. as shown on the works plan—

In the District of Tendring, Essex

Work No. 4 — Installation of up to two buried cable circuits within cable ducts between Work No. 3 and Work No. 5, approximately 500m, including trenchless installation technique works.

Work No. 4A — Construction of a temporary construction compound and laydown area (Beach Works temporary construction compound), improvement and use of existing access routes including creation of construction access to Work Nos. 3, 4, and 5, works to junctions and visibility splays, temporary construction working areas and laydown area.

Work No. 5 — Installation of up to two buried cable circuits within cable ducts approximately 215m, and—

(a)

construction of a haul road;

(b)

a temporary construction working area;

(c)

up to two transition joint bays;

(d)

trenchless installation techniques including the creation of pits; and

(e)

a temporary construction compound.

Work No. 5A — Installation of cable ducting for two additional circuits for later installation of additional electrical connections from within Work No. 5 to Work No. 6A.

Work No. 6 — Installation of up to two buried cable circuits within cable ducts between Work No. 5 and Work No. 7 from the north east of the landfall compound to Clacton Road, approximately 1230 metres; cable ducts, joint bays, trenchless installation technique pit works including the creation of entrance and exit pits, and cable trenching works; construction of a haul road, temporary construction accesses and working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 6A — Installation of cable ducting for two additional circuits for later installation of additional electrical connections between Work No. 5A and Work No. 7A.

Work No. 6B — The creation of a temporary construction compound east of Clacton Road, creation of construction access, construction of a haul road, temporary construction working areas and laydown, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 7 — Installation of up to two buried cable circuits within cable ducts between Work No. 6 and Work No. 8 from west of Clacton Road to the railway, approximately 2400 metres; cable ducts, joint bays, trenchless installation technique pit works including the creation of entrance and exit pits, and cable trenching works; construction of a haul road, temporary construction accesses and working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 7A — Installation of cable ducting for two additional circuits for later installation of additional electrical connections between Work No. 6A and Work No. 8A.

Work No. 7B — The creation of a temporary construction compound west of Clacton Road, creation of construction access, construction of a haul road, temporary construction working areas and laydown, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 7C — Off-route haul road connecting to Work Nos. 7 and 7A, to the west of the cable route, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 7D — Off-route haul road connecting to Work Nos. 7 and 7A, to the east of the cable route, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 7E — Off-route haul road connecting to Work Nos. 7 and 7A, to the east of the cable route and to the south-west of the railway, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 8 — Installation of up to two buried cable circuits within cable ducts between Work No. 7 and Work No. 9 from the railway to Thorpe Road, approximately 1000 metres; cable ducts, joint bays, trenchless installation technique pit works including the creation of entrance and exit pits, and cable trenching works; construction of a haul road, temporary construction accesses and working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 8A — Installation of cable ducting for two additional circuits for later installation of additional electrical connections between Work No. 7A and Work No. 9A.

Work No. 8B — The creation of a temporary construction compound south of Thorpe Road, creation of construction access, construction of a haul road, temporary construction working areas and laydown, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 8C — Off-route haul road connecting to Work Nos. 8 and 8A, to the east of the cable route, north of the railway, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 9 — Installation of up to two buried cable circuits within cable ducts between Work No. 8 and Work No. 10 from Thorpe Road to Swan Road, approximately 4890 metres; cable ducts, joint bays, trenchless installation technique pit works including the creation of entrance and exit pits, and cable trenching works; construction of a haul road, temporary construction accesses and working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 9A — Installation of cable ducting for two additional circuits for later installation of additional electrical connections between Work No. 8A and Work No. 10A.

Work No. 9B —The creation of a temporary construction compound north of B1035, Tendring Road, creation of construction access, construction of a haul road, temporary construction working areas and laydown, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 9C — Off-route haul road connecting to Work Nos. 9 and 9A, to the to the north-east of the cable route, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 9D — Off-route haul road connecting to Work Nos. 9 and 9A, to the south-west of the cable route, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 9E — Off-route haul road connecting to Work Nos. 9 and 9A, to the south-west of the route and crossing Landemere Road, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 9F — Off-route haul road connecting to Work Nos. 9 and 9A, to the north-east of the route to the north of Golden Lane, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 10 — Installation of up to two buried cable circuits within cable ducts between Work No. 9 and Work No. 11 from Swan Road to Tendring Brook, approximately 1480 metres; cable ducts, joint bays, trenchless installation technique pit works including the creation of entrance and exit pits, and cable trenching works; construction of a haul road, temporary construction accesses and working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays; and creation of permanent ecological and environmental mitigation works including habitat creation.

Work No. 10A — Installation of cable ducting for two additional circuits for later installation of additional electrical connections between Work No. 9A and Work No. 11A.

Work No. 10B — The creation of a temporary construction compound to the north of Thorpe Road, creation of construction access, construction of a haul road, temporary construction working areas and laydown.

Work No. 10C — Off-route haul road connecting to Work Nos. 10, 10A, 11 and 11A crossing Tendring Brook, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 11 — Installation of up to two buried cable circuits within cable ducts between Work No. 10 and Work No. 12 from Tendring Brook to A120, approximately 3630 metres; cable ducts, joint bays, trenchless installation technique pit works including the creation of entrance and exit pits, and cable trenching works; construction of a haul road, temporary construction accesses and working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 11A — Installation of cable ducting for two additional circuits for later installation of additional electrical connections between Work No. 10A and Work No. 12A.

Work No. 11B —The creation of a temporary construction compound to the east of B1035, immediately south of the A120, creation of construction access, construction of a haul road, temporary construction working areas and laydown, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 11C — Off-route haul road connecting to Work Nos. 11 and 11A, to the west of the cable corridor, crossing Stones Green Road, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 11D — Off-route haul road connecting to Work Nos. 11 and 11A, to the east of the cable corridor, crossing Stones Green Road, temporary construction working areas, laydown and soils storage and temporary drainage works including alteration of existing drainage, connections to existing drainage.

Work No. 12 — Installation of up to two buried cable circuits within cable ducts between Work No. 11 and Work No. 13 from A120 to Bentley Road, approximately 2840 metres; cable ducts, joint bays, trenchless installation technique pit works including the creation of entrance and exit pits, and cable trenching works; construction of a haul road, temporary construction accesses and working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 12A — Installation of cable ducting for two additional circuits for later installation of additional electrical connections between Work No. 11A and Work No. 14A.

Work No. 12B — The creation of a temporary construction compound east of B1035, Clacton Road. Creation of construction access, construction of a haul road, temporary construction working areas and laydown, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 12C — The creation of a temporary construction compound to the west of B1035 Clacton Road, creation of construction access, construction of a haul road, temporary construction working areas and laydown, creation and improvement of accesses to the public highway including works to junctions and visibility splays, and creation and use of an off route haul road east of Clacton road.

Work No. 13 — Works to permanently widen and improve Bentley Road, including temporary removal and replacement of street furniture, temporary provision of segregated pedestrian / cycling area, planting and reinforcement of hedgerows, permanent highway drainage works including creation of new highway drainage and works of improvement to drainage, creation and improvement of connections to existing drains and watercourses; creation and use of a temporary construction compound and working areas.

Work No. 13A — Works to permanently widen and improve the junction at Bentley Road and the A120, including removal of street furniture, provision of merger lane taper, drainage works including creation of new highway drainage and works of improvement to drainage, creation and improvement of connections to existing drains and watercourses; creation and use of a temporary construction compound and working areas.

Work No. 14 — Installation of up to two buried cable circuits with cable ducts between Work No. 12 from Bentley Road to Work No. 15, approximately 2710 metres; cable ducts, joint bays, trenchless installation technique pit works including the creation of entrance and exit pits, and cable trenching works; construction of haul roads, temporary construction accesses and working areas and laydown area, creation and improvement of accesses including works to junctions and visibility splays.

Work No. 14A — Installation of cable ducting for two additional circuits for later installation of additional electrical connections between Work No. 12A and Work No. 15.

Work No. 14B — The creation of a temporary construction compound to north of the cable corridor, (east of Bentley road), including creation of construction access, construction of a haul road, temporary construction working areas and laydown, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 14C — The creation of a temporary construction compound to north of the cable corridor, (west of Bentley Road), creation of construction access, construction of a haul road, temporary construction working areas and laydown, and creation and improvement of accesses to the public highway including works to junctions and visibility splays.

Work No. 14D — The creation of a temporary construction compound south of the cable corridor west of Bentley Road, and haul road (partly outside the cable corridor) including—

(a)

creation of temporary construction working areas and laydown areas, creation of construction access, construction of a haul road between Bentley Road and Work No. 15; and

(b)

creation and improvement of accesses to the public highway including works to junctions, creation of a new temporary bellmouth junction and visibility splays.

Work No. 15 — Substation zone works comprising—

Work No. 15A

(a)

land re-profiling and groundworks;

(b)

security fencing;

(c)

utilities connections;

(d)

temporary and permanent drainage works including alteration of existing drainage, connections to existing drainage and creation of new sustainable drainage including attenuation pond(s);

(e)

temporary and permanent access roads, bellmouth and visibility splays;

(f)

temporary construction areas, lay down areas and haul roads;

(g)

installation of up to two buried cable circuits within cable ducts (if required);

(h)

installation of up to two buried 400 kilovolts cable circuits within cable ducts (if required);

(i)

cable crossings, cable protection, cable ducts, joint bays, trenchless installation technique pit works including the creation of entrance and exit pits and cable trenching works;

(j)

landscaping works including planting of screening; and

(k)

creation of permanent ecological and environmental mitigation works including habitat creation.

Work No 15B — Construction of electrical substation infrastructure including—

(a)

creation of a platform;

(b)

a compound for electrical works necessary for the onward transmission of electricity (the “substation compound”) containing (but not limited to) switchgear and electrical equipment including power transformers, reactive compensation equipment, filters, cooling equipment, control and welfare buildings, lightning rods, internal roads, security fencing and other associated equipment, structures and buildings including noise-attenuation works; and

(c)

permanent security fencing and security gate.

Work No 15C — Landscaping works including—

(a)

re-profiling of ground levels;

(b)

planting of screening; and

(c)

creation of permanent ecological and environmental mitigation works, including habitat creation.

Work No 15D — Groundworks, drainage and planting including—

(a)

utilities connections;

(b)

temporary and permanent drainage works including alteration of existing drainage, connections to existing drainage and creation of new sustainable drainage including attenuation pond(s); and

(c)

temporary construction areas, lay down areas and haul roads.

Work No 15E — Installation of cable ducting for two additional circuits for later installation of additional electrical connections between Work No. 14A to a point within Work No. 15 to the east of Work No. 15B.

Work No. 16 — Electrical works to connect to the National Grid substation including—

(a)

works needed to connect the authorised development to the new National Grid substation including (but not limited to) cabling, cable sealing ends, circuit breakers, surge arrestors, dis-connectors, transformers, busbars and busbar clamp measuring equipment, relay marshalling rooms and electrical earthing works;

(b)

installation of up to two buried 400 kilovolts cable circuits with cable ducts (if required) between Work No. 15 and the National Grid substation; including cable ducts, trenchless installation technique pit works including the creation of entrance and exit pits and cable trenching works;

(c)

construction of a haul road, temporary construction compound and laydown area; and

(d)

creation of access roads to provide operational and maintenance access.

Work No. 17 — Access routes to provide operational access from the public highways to Work Nos. 3 to 16.

In the District of East Suffolk, Suffolk

Compensatory works for Lesser Black Backed Gull comprising—

Work No. 18A — Improvement of existing access, and construction of temporary construction access.

Work No. 18B — The installation of predator exclusion fencing and associated monitoring and management equipment for the purposes of Lesser Black Backed Gull compensation, improvement of access, construction of temporary construction access, working areas and laydown areas.

Associated development in connection with Work Nos. 1 to 3

And in connection with Work Nos. 1 to 3 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including—

(a)

scour protection around the foundations of the offshore structures;

(b)

cable protection measures such as rock placement and the placement of rock and/or concrete mattresses, with or without frond devices;

(c)

dredging;

(d)

the removal of material from the seabed required for the construction of Work Nos. 1 to 3 and the disposal of inert material of natural origin and/or dredged material within the Order limits produced during construction drilling, and seabed preparation for the installation of the foundations of the offshore structures or during seabed preparation for cable laying;

(e)

creation and use of temporary vessel laydown areas, use of cable anchors;

(f)

removal of static fishing equipment;

(g)

lighting; and

(h)

erection of temporary piled structures during construction.

Associated development in connection with Work Nos. 4 to 18B

And in connection with Work Nos. 4 to 18B to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including—

(a)

haul roads, ramps, watercourse and other temporary crossings, means of access and other vehicular and/or pedestrian means of access, including creation of new tracks and footpaths, and/or widening, upgrades, alterations and improvements of existing roads, tracks and footpaths;

(b)

bunds, embankments, swales, landscaping, fencing and boundary treatments and alteration of groynes;

(c)

provision of temporary and permanent ecological and environmental mitigation, enhancement and compensation works;

(d)

spoil storage and associated control measures;

(e)

jointing bays, link boxes, cable ducts, cable protection, joint protection, manholes, marker posts, underground cable markers, tiles and tape, signage and lighting and other works associated with laying cables and/or pulling cables through cable ducts;

(f)

works for the provision of apparatus including cabling, water and electricity supply works, foul drainage provision, surface water management systems, temporary drainage during installations of cables and culverting;

(g)

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

(h)

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

(i)

landscaping works and habitat creation including installation of bird and bat boxes, creation of hibernacula and reinforcement of existing planting to provide habitat;

(j)

works for the benefit or protection of land affected by the authorised development;

(k)

working sites in connection with the construction of the authorised development, construction lay down areas and compounds and storage compounds;

(l)

works of restoration; and

(m)

fencing or other means of enclosure.

PART 2Ancillary works

Works within the Order limits which fall within the scope of the work assessed by the environmental statement comprising—

(a)

intrusive ground investigations including the making of boreholes and trial pits;

(b)

temporary landing places, moorings or other means of accommodating vessels in the construction and / or maintenance of the authorised development;

(c)

marking buoys, beacons, fenders and other navigational warning or ship impact protection works; and

(d)

temporary works for the benefit or protection of land, watercourses or structures affected by the authorised development.