The wind turbine generators to be constructed and operated within Work No. 1 of the authorised development must be located within the area delineated by the co-ordinates in the table in Schedule 16 (offshore co-ordinates) and shown as Work No. 1 on sheet 2 of the offshore works plan.

(2)

The offshore works must be constructed in accordance with the parameters set out in Table 1 below.

Table 1

Parameter	Value
Maximum number of wind turbine generators	79
Maximum total rotor swept area (metres squared)	4,194,340
Maximum height of wind turbine generators when measured from LAT to the tip of the vertical blade (metres)	370
Maximum rotor diameter of each wind turbine generator (metres)	340
Minimum distance from MHWS to the lowest point of the rotating blade for each wind turbine generator (metres)	28
Minimum distance between wind turbine generators (in all directions measured from the centre point of each wind turbine generator) (metres)	830
Maximum pile diameter of single pile structures (metres)	15
Maximum pile diameter of three pile structures (metres)	4
Maximum pile diameter of four pile structures (metres)	3.5
Maximum total seabed footprint for wind turbine generators (excluding scour protection) (metres squared)	99,274
Maximum total seabed footprint for wind turbine generators (including scour protection) (metres squared)	834,896
Maximum total scour volume for wind turbine generator foundations (metres cubed)	1,248,850
Maximum total length of inter-array cables (kilometres)	200
Maximum inter-array cable protection area (metres squared)	321,600
Maximum inter-array cable protection volume (metres cubed)	187,600
Maximum number of offshore substations	2
Maximum dimensions of offshore substations: Height when measured from LAT (excluding towers, helipads, mast and cranes) (metres) Length (metres) Topside width (metres)	105 125 100
Maximum total seabed footprint for offshore substation platforms (excluding scour protection) (metres squared)	3,700
Maximum total seabed footprint for offshore substation platform foundations (including scour protection) (metres squared)	72,985
Maximum total scour protection volume for offshore substation platforms foundations (metres cubed)	125,450
Maximum total length of export cables (kilometres)	196
Maximum export cable protection area (metres squared)	178,304
Maximum export cable protection volume (metres cubed)	129,691

(3)

Any part of Work No. 2(c) and any associated development or ancillary works located within the Sunk and Trinity Deep Water Routes, as shown shaded yellow on the deep water route cable installation area (future dredging depths) plan, must be installed and maintained at a level which would not impede the dredging of those parts of the Sunk and Trinity Deep Water Routes as follows—

(a)

shown shaded in yellow and outlined in a bold black line (and labelled Sunk Area A (22m CD)) to a level of 22 metres below Chart Datum;

(b)

shown shaded in yellow and outlined in a blue dotted line (and labelled Trinity (22m CD)) to a level of 22 metres below Chart Datum; and

(c)

shown shaded in yellow and cross hatched in orange (and labelled Sunk Area B (19m CD)) to a level of 19 metres below Chart Datum.

Aviation safety

3. (1)

The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by Air Navigation Order 201651 (with any reference to the territorial sea being read as a reference to the Renewable Energy Zone established under section 84 of the 2004 Act) and/or determined necessary for aviation safety as directed in writing by the Civil Aviation Authority, in consultation with the Defence Infrastructure Organisation Safeguarding. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the life of the authorised development unless otherwise agreed with the Ministry of Defence.

(2)

The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14 days prior to the commencement of the offshore works, of the following—

(a)

the date of the commencement of construction of the offshore works;

(b)

the date any wind turbine generators are brought into use;

(c)

the maximum height of any construction equipment to be used;

(d)

the maximum heights of any wind turbine generator, meteorological mast and offshore electrical platform to be constructed;

(e)

the latitude and longitude of each wind turbine generator, meteorological mast and offshore electrical platform to be constructed; and

the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the information supplied under this sub-paragraph and of the completion of the construction of the offshore works.

(3)

The lights installed in accordance with sub-paragraph (1) will be operated at the lowest permissible lighting intensity level.

Stages of authorised development onshore

4. (1)

The onshore works must not be commenced until notification has been submitted to the discharging authority detailing whether the onshore works will be constructed—

(a)

in a single stage; or

(b)

in two or more stages.

(2)

The onshore works must not be commenced until details of the stages of the onshore works have been submitted to the discharging authority.

(3)

The onshore works must be constructed in accordance with the details provided under sub-paragraph (2) of this requirement.

Onshore substation works, design and landscaping

5. (1)

Construction of Work No. 15B (the onshore electrical substation infrastructure) must not commence until details of—

(a)

the layout;

(b)

scale;

(c)

existing and proposed finished ground levels;

(d)

external hard surfacing materials;

(e)

the dimensions, colour and materials used for the buildings;

(f)

security fencing, height, colour and materials;

(g)

vehicular and pedestrian access, parking and circulation areas;

(h)

operational external lighting; and

(i)

proposed and existing functional services above and below ground, including drainage, surface water drainage, power and communications cables and pipelines, manholes and supports;

have been submitted to and approved by the discharging authority.

(2)

The details submitted under sub-paragraph (1) of this requirement must be in accordance with sub-paragraph (4) and in accordance with the onshore substation design principles document, with the exception of the design review process set out in section 2.3 “design review process” thereof and any design guide. The design review process must accord with sub-paragraph (3) of this requirement.

(3)

The details submitted under sub-paragraph (1) of this requirement must not be submitted to the discharging authority for approval until an independent design review panel has reviewed the details and made any written recommendations to the undertaker about those details. Any recommendations received by the undertaker from the independent design review panel must accompany the details submitted to the discharging authority for approval under sub-paragraph (1) of this requirement.

(4)

In relation to Work No. 15B—

(a)

the highest part of any building, any external electrical equipment or enclosure, excluding lightning rods, must not exceed 15 metres above finished ground level (50.775 metres Ordnance Datum);

(b)

the total area of the fenced compound (excluding its accesses) must not exceed 58,800 metres squared; and

(c)

the lightning rods within the fenced compound area must not exceed a height of 18 metres above finished ground level (53.775 metres Ordnance Datum).

(5)

Work No. 15B must be carried out in accordance with the details approved under sub-paragraph (1).

(6)

Work No. 15B must not be commenced until a written landscaping scheme and associated works programme, and hard and soft landscape works and detailed planting plans to an appropriate scale in accordance with the outline landscape and ecological management plan for Work No. 15 has been submitted to and approved by the discharging authority.

(7)

The written landscaping scheme to be submitted under sub-paragraph (6) must include details of all proposed hard and soft landscaping works including—

(a)

location, number, species, size and planting density of any proposed planting including any trees; and

(b)

implementation timetables for all landscaping works within Work No. 15.

(8)

The landscaping of Work No. 15 must be carried out in accordance with the details approved under sub-paragraph (6).

(9)

The landscaping of Work No. 15 must be maintained throughout the operation of Work No. 15B.

Code of construction practice

6. (1)

The onshore works must not commence until a final version of a code of construction practice has been submitted to and approved by the discharging authority in consultation with the relevant statutory nature conservation body, the Environment Agency, the highway authority, the lead local flood authority, Historic England (where relevant), the Forestry Commission (where relevant), and to the extent that it relates to works seaward of mean high water springs, the MMO.

(2)

The final code of construction practice submitted under sub-paragraph (1) must be in accordance with the code of construction practice (October 2025, Revision G) certified under article 43 of this Order.

(3)

The onshore works must be carried out in accordance with the approved final version of the code of construction practice.

Traffic and access plans

7. (1)

No stage of the onshore works may be commenced until for that stage the following plans have been submitted to and approved by the discharging authority—

(a)

the construction traffic management plan;

(b)

the workforce travel plan; and

(c)

the public access management plan.

(2)

The plans submitted under sub-paragraph (1) must be in accordance with the outline plans certified under this Order.

(3)

The onshore works must be carried out in accordance with the approved plans as applicable in each stage.

Permanent highway accesses

8. (1)

No new permanent means of access to a highway to be used by vehicular traffic, or any permanent alteration to an existing means of access to a highway used by vehicular traffic may be formed until written details of the design, layout and siting of that new or altered access have been submitted to and approved by the discharging authority in consultation with the highway authority.

(2)

Any new permanent means of access to a highway or any permanent alteration to an existing means of access must be constructed in accordance with the details approved under sub-paragraph (1).

Onshore archaeology

9. (1)

Geoarchaeological and archaeological evaluation and mitigation must be carried out in accordance with the archaeological mitigation strategy.

(2)

No stage of the onshore works may be commenced until, for that stage, a geo-archaeological and archaeological written scheme(s) of investigation in accordance with the outline onshore written scheme of investigation as appropriate for the relevant stage has been submitted to and approved by the discharging authority.

(3)

The onshore works must be carried out in accordance with the approved geo-archaeological and archaeological written scheme(s) of investigation as applicable in each stage as approved under sub-paragraph (2).

(4)

Intrusive onshore site preparation works must not take place until a geo-archaeological and archaeological written scheme(s) of investigation in accordance with the outline onshore written scheme of investigation as appropriate has been submitted to and approved by the discharging authority. The geo-archaeological and archaeological written scheme(s) of investigation required under this sub-paragraph must be implemented as approved.

(5)

The geo-archaeological and archaeological post investigation assessment must be completed in accordance with the programme set out in the archaeological mitigation strategy and any relevant written scheme of investigation, and provision made for analysis, publication, and dissemination of results and archive deposition.

(6)

For the purposes of this requirement “intrusive” in relation to onshore site preparation works means works within the onshore Order limits that require the breaking of the surface of the land.

Landscape and Ecological Management Plan

10. (1)

No stage of the onshore works may commence until for that stage a written landscape and ecological management plan in accordance with the outline landscape and ecological management plan as appropriate for the relevant stage, has been submitted to and approved by the discharging authority in consultation with the relevant statutory nature conservation body, the Environment Agency, the lead local flood authority, Historic England (where relevant), the Forestry Commission (where relevant), and to the extent that it relates to works seaward of mean high water springs, the MMO.

(2)

The landscape and ecological management plan(s) submitted under sub-paragraph (1) must include an implementation timetable.

(3)

The onshore works must be carried out in accordance with the landscape and ecological management plans approved under sub-section (1), as applicable in each stage.

(4)

Onshore site preparation works must only take place in accordance with the relevant details set out in the outline landscape and ecological management plan as certified in accordance with article 43 (certification of plans, etc.).

Soil Management Plan

11. (1)

No stage of the onshore works may be commenced until, for that stage, a soil management plan in accordance with the measures included in the code of construction practice (October 2025, Revision G), as appropriate for the relevant stage, has been submitted to and approved by the discharging authority.

(2)

The onshore works must be carried out in accordance with the approved soil management plan(s) as applicable in each stage.

Protected species onshore

12. (1)

No stage of the onshore works other than surveying and investigation necessary to comply with this requirement may be undertaken until, for that stage, pre-construction survey work has been carried out to establish whether a European protected species or nationally protected species under the Wildlife and Countryside Act 198152 and the Protection of Badgers Act 199253 is present on any of the land affected, or likely to be affected, by any part of that stage of the onshore works.

(2)

The compensatory works other than surveying and investigation necessary to comply with this requirement may not be undertaken until, for those works, pre-construction survey work has been carried out to establish whether a European protected species or nationally protected species under the Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992 is present on any of the land affected, or likely to be affected, by any part of the compensatory works.

(3)

Where a European protected species or nationally protected species under the Wildlife and Countryside Act 1981 and the Protection of Badgers Act 1992 is shown to be present, the stage of the onshore works or compensatory works likely to affect the species must not be commenced until a scheme of protection and mitigation measures for that stage has been submitted to and approved by the discharging authority in the case of the onshore works, or the relevant planning authority in the case of compensatory works.

(4)

Each stage of the onshore works or the compensatory works which requires a scheme of protection and mitigation measures in accordance with sub-paragraph (3) of this requirement must be carried out in accordance with the approved scheme as applicable in each stage.

(5)

In this paragraph, “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 201754.

Ground water monitoring

13. (1)

No stage of the onshore works for which a groundwater monitoring plan is required in accordance with the outline groundwater monitoring plan, must be commenced until, for that stage a groundwater monitoring plan has been submitted to and approved by the discharging authority.

(2)

Sub-paragraph (1) does not apply to any works or surveying and investigation necessary to inform the preparation of a groundwater monitoring plan.

(3)

Any plan approved under sub-paragraph (1) must be implemented as approved.

Restoration of land used temporarily for construction

14.

Subject to requirement 19(4), any land which is used temporarily for the construction of the onshore works and not ultimately incorporated into permanent works or approved landscaping, must be reinstated within twelve months of the completion of the relevant stage of the onshore works or such other time period as may be agreed in writing with the discharging authority.

Control of noise during operational stage

15. (1)

The noise rating level for the standard operation of Work No. 15B (the onshore electrical substation) must not exceed—

(a)

32 decibel LAr,Tr at any time at a free field location immediately adjacent to the following noise sensitive locations—

(i)

Waterhouse Farm (Grid reference 607256 228374);

(ii)

Lilleys Farm (Grid reference 607731 227827); and

(b)

31 decibel LAr,Tr at any time at a free field location immediately adjacent to Normans Farm (Grid reference 608446 228492).

(2)

Prior to commencement of operation of Work No. 15B, a noise investigation protocol must be submitted to and approved by the discharging authority. The protocol must set out a process for the investigation of cumulative operational noise from the proposed National Grid substation and the proposed North Falls substation as and when one or both is operational.

(3)

The determination of LAr,Tr must be in accordance with BS 4142:2014+A1:2019. The reference method set out in Annex D to BS 4142:2014+A1:2019 (or any successor thereto) must be used in the assessment of whether tonal penalties apply. The noise investigation protocol must identify—

(a)

the required meteorological and other conditions under which the measurements will be taken, acknowledging that data obtained during emergency operation or testing of certain plant and equipment is not to be taken into account, and

(b)

suitable monitoring locations (and alternative locations if appropriate).

(4)

Within 12 months of commencement of operation of Work No. 15B, the undertaker must carry out noise evaluations at the noise sensitive locations listed in sub-paragraphs (1)(a) and (1)(b) and submit the results to the relevant discharging authority. If the noise rating levels are found to be exceeded, the undertaker must provide details of further noise monitoring and mitigation to be agreed in writing by the relevant discharging authority.

(5)

For the purposes of this requirement “standard operation” means the ordinary operation of the substations excluding emergency operation and the testing of plant and equipment associated with emergency operation.

Skills and employment strategy

16. (1)

No onshore works or offshore works other than Work Nos. 13, 13A, 18A and 18B must be commenced until a skills and employment strategy, in accordance with the outline skills and employment strategy has been submitted to and approved by the discharging authority.

(2)

The skills and employment strategy must be implemented in accordance with the approved details.

Onshore build options

17. (1)

Other than in relation to Work Nos. 13 and 13A, the undertaker may commence or exercise powers of compulsory acquisition under Part 5 of this Order in relation only to either build option 1 or build option 2.

(2)

Other than Work Nos. 13 and 13A, the onshore works must not commence until notification has been submitted to the discharging authority as to whether the undertaker intends to commence build option 1 or build option 2.

(3)

In the event that the undertaker notifies under sub-paragraph (2) that build option 2 is to be implemented, the width (being measured at 90 degrees to the orientation of the cables within each work) of each of Work Nos. 4, 5, 6, 7, 8, 9, 10, 11 and 12 must not exceed 45 metres and Work No. 14, when including Work No. 14D, must not exceed 60 metres; except—

(a)

where trenchless techniques are to be used to install the cables, where the width must not exceed 90 metres;

(b)

as necessary to create a transitional (tapered) area between the width for the trenched installation and the width for the trenchless installation compounds, to such extent as is necessary to properly space out the cables approaching the trenchless installation compound, up to the maximum width of the trenchless installation compound concerned in each relevant location; or

(c)

where necessary to provide connections to accesses, haul routes and temporary construction compounds as authorised by Schedule 1 where the width may extend to that necessary to effect the connection required.

Compensatory Works

18. (1)

The compensatory works must not be commenced under this Order until details of—

(a)

vehicular and pedestrian access for construction; and

(b)

a construction method statement,

have been submitted to and approved by the relevant planning authority.

(2)

The compensatory works must be carried out in accordance with the approved details.

Reuse of temporary works with the onshore works for North Falls

19. (1)

In the event that any temporary works which have been constructed pursuant to any development consent order that may be made by the Secretary of State in relation to North Falls are proposed to be reused by the undertaker in connection with the authorised development, such reuse must not be commenced until a scheme which accords with sub-paragraph (2) has been submitted to and approved by the discharging authority.

(2)

The scheme to be submitted for approval under sub-paragraph (1) must include details of the temporary works to be reused and a timetable for their reuse and restoration or reinstatement.

(3)

Any scheme approved under sub-paragraph (1) must be implemented as approved.

(4)

Where in the event that any temporary works which have been constructed as part of the onshore works pursuant to this Order are to be subsequently used for the purposes of the construction of North Falls, the undertaker will not be required to maintain, restore or reinstate any such temporary works.

Biodiversity net gain

20. (1)

No stage of Work No. 15 (substation zone works) (excluding any onshore site preparation works) may commence until—

(a)

a biodiversity net gain strategy which accords with the outline biodiversity net gain information comprising the Onshore Biodiversity Net Gain Indicative Design Stage Report has been approved in writing by the relevant planning authority;

(b)

the biodiversity gain strategy must set out how it will secure a minimum of 10% biodiversity net gain for all of the onshore works of the authorised development, using a biodiversity metric approved by the relevant planning authority; and

(c)

the biodiversity net gain strategy must be accompanied by copies of any legal agreements with any offsite provider which demonstrate that the delivery of any offsite biodiversity units which contribute towards achieving a minimum of 10% biodiversity net gain for the onshore works of the authorised development, and the maintenance of the offsite works for a period of thirty years from the date of the final commissioning of the authorised development, is secured.

(2)

The location for delivery of offsite biodiversity units is to follow a prioritisation exercise, as described in the Onshore Biodiversity Net Gain Indicative Design Stage Report, with priority given to areas inside or within close proximity to the proposed Order limits (within Tendring District or same National Character Area within Essex).

(3)

The biodiversity net gain strategy must be implemented as approved.

(4)

Any remaining shortfall in biodiversity units identified following detailed design will be secured prior to construction works being completed.

(5)

In this paragraph “offsite biodiversity units” means any contribution to the minimum 10% biodiversity net gain for the onshore works of the authorised development that are to take place outside of the Order limits.

Offshore decommissioning

21.

The offshore works must not be commenced until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Act has been submitted to and approved by the Secretary of State.

Onshore decommissioning

22. (1)

A written scheme of decommissioning for the onshore works must be submitted to and approved by the discharging authority not less than six months prior to any decommissioning works commencing.

(2)

The written scheme of decommissioning submitted for approval under sub-paragraph (1) for the onshore works must include a code of construction practice.

(3)

The scheme approved under sub-paragraph (1) must be implemented as approved in the carrying out of any decommissioning works or relevant part of it.

Migratory bat monitoring

23. (1)

No stage of the offshore works is to commence until a migratory bat monitoring plan, which must detail proposals for pre-construction, construction, and post-construction monitoring of migratory bats, has been submitted to and approved by the Secretary of State in consultation with the relevant statutory nature conservation bodies, the MMO, and the Bat Conservation Trust.

(2)

The migratory bat monitoring plan must include—

(a)

the location(s) where the monitoring will be undertaken and the suitability of that location or locations, and confirmation that any necessary landowner agreement(s) and approvals are in place;

(b)

details of any arrangements made with a third party for implementation of the monitoring;

(c)

details for the monitoring and reporting of the migration of bats between the United Kingdom and the European mainland and the behaviour of migratory bats within and in proximity to the array area, including—

(i)

survey methods;

(ii)

survey programmes and timings;

(iii)

limitations; and

(iv)

the format, content, and timetables for the monitoring reports to be delivered;

(d)

details of data-sharing including how monitoring data will be provided to The Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre(s), and any relevant ecological recording schemes.

(3)

The undertaker must carry out the monitoring of migratory bats in accordance with the migratory bat monitoring plan as approved under sub-paragraph (1) and provide the monitoring reports to the Secretary of State, the relevant statutory nature conservation bodies, the MMO, and the Bat Conservation Trust in the agreed format and in accordance with the agreed timetable, unless otherwise agreed in writing by the Secretary of State.

(4)

Any monitoring report compiled in accordance with the migratory bat monitoring plan as approved under sub-paragraph (1) must be made publicly available and submitted to the Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre(s), and any relevant ecological recording schemes, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation bodies and the MMO.

Landfall drilling risk assessment

24. (1)

No part of Work No. 4 may commence until a landfall drilling environmental risk assessment, in accordance with the approach set out in the code of construction practice, has been submitted to and approved by the discharging authority in consultation with the relevant statutory nature conservation body and the Environment Agency.

(2)

Any control measures identified in the risk assessment submitted under sub-paragraph (1) must be implemented as approved.

Farmland bird compensation

25. (1)

In this requirement—

“compensation measure” means habitat creation or improvement designed to compensate for the loss and / or displacement of skylark and corn bunting territories as a result of the authorised development;

“FBCP” means the farmland bird compensation plan for the delivery of the compensation measure;

“Nature Restoration Fund” means the fund proposed to be established and operated by Defra pursuant to the Planning and Infrastructure Bill for the implementation of strategic mitigation and / or compensation measures or any equivalent fund established by a Government body for that purpose; and

“Nature Restoration Fund Payment” means a contribution to the Nature Restoration Fund to compensate for the loss and / or displacement of skylark and corn bunting territories as a result of the authorised development, the sum of which will be agreed with Defra or another organisation responsible for the operation of the Nature Restoration Fund.

(2)

No part of Work No. 15B is to commence until the undertaker has confirmed in writing to the Secretary of State that—

(a)

it will make a Nature Restoration Fund Payment wholly in substitution for the compensation measure and that it has received confirmation from Defra or the Nature Restoration Fund operator that suitable measures are available; or

(b)

it will submit a FBCP to the Secretary of State for approval.

(3)

If the undertaker confirms that it intends to make a Nature Restoration Fund Payment under sub-paragraph (2)(a) then no part of Work No. 15B is to commence until the Secretary of State has provided consent in writing to the Nature Restoration Fund Payment being made in substitution for the compensation measure and the undertaker has complied with any conditions specified by the Secretary of State.

(4)

Where the undertaker elects to submit a FBCP under sub-paragraph (2)(b), no part of Work No. 15B is to commence until the FBCP has been submitted to and approved by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the compensation measure is to be provided.

(5)

The FBCP (if required) must include—

(a)

an updated assessment of the impact, including loss and / or displacement of territories, that Work No. 15B is likely to have on skylark and corn bunting based on the detailed design of Work No. 15B;

(b)

a calculation of the quantum of compensation required to compensate for the impact identified in the updated assessment required under sub-paragraph (a);

(c)

the location(s) of where the compensation measure will be delivered and the ecological suitability of that location or locations, including details of the capacity and ability of the compensation areas to successfully compensate for the impact of the authorised development on skylark and corn bunting;

(d)

confirmation that the necessary landowner agreement(s) and approvals are in place, including a review mechanism to provide for the scenario where it is necessary to amend the location(s) where the compensation measure will be delivered;

(e)

an implementation timetable for delivery of the compensation measure, including any arrangements made with a third party for implementation of the compensation measure;

(f)

details of maintenance and biosecurity measures, including any contribution to be made to a third party for the ongoing management and maintenance of the compensation measure;

(g)

details for the ongoing monitoring and reporting of the effectiveness of the compensation measure including survey methods, survey programmes, success criteria, and timescales for the monitoring reports to be delivered under sub-paragraph (7);

(h)

details of any alternative and / or adaptive management measures, including details of the factors used to trigger any alternative and / or adaptive management measures; and

(i)

details of how monitoring and reporting data will be provided in the appropriate formats to the relevant Local Environmental Records Centre(s) and relevant ecological recording schemes, and any potential research collaborations.

(6)

Where the FBCP identifies the delivery of the compensation measure in collaboration with one or more third parties the details submitted pursuant to sub-paragraph (5) must identify how the effectiveness of the compensation measure and any requirement for alternative and / or adaptive management measures are to be attributed to the authorised development.

(7)

Results from the monitoring and reporting scheme referred to in sub-paragraph (5)(g) must be made publicly available and submitted at least annually to the Secretary of State, the relevant statutory nature conservation body, and the local planning authority for the area in which the compensation measure is to be provided. This must include details of the effectiveness of the compensation measure delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State, determines that the compensation measure delivered has been ineffective the undertaker must provide proposals for any alternative and / or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measure must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the compensation measure is to be provided.

(8)

The undertaker must implement the measures set out in the FBCP as approved by the Secretary of State, unless otherwise agreed by the Secretary of State following consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the compensation measure is to be provided.

(9)

The compensation measure as approved in the FBCP must be maintained by the undertaker (or at its expense) for the operational lifetime of the authorised development and only decommissioned following approval in writing by the Secretary of State in consultation with the relevant statutory nature conservation body.

(10)

The FBCP approved under sub-paragraph (4) includes any amendments that may subsequently be approved in writing by the Secretary of State, including any amendments to the location(s) where the compensation measure will be delivered, as referred to in sub-paragraph (5)(c).

Requirement for written approval

26.

Where under any of the above requirements the approval or agreement of the Secretary of State, the discharging authority or the relevant planning authority is necessary, that approval or agreement must be given in writing.

Amendments to approved details

27.

With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved or agreed by the Secretary of State, the discharging authority, or the relevant planning authority.

PART 2Approval of matters specified in requirements

Interpretation

1.

In this Part of this Schedule “application” means an application for any consent, agreement or approval required by a requirement whether or not the application seeks to discharge a requirement in whole or in part.

Applications made under requirements

2. (1)

Where an application has been made to the discharging authority or the relevant planning authority for any agreement or approval required pursuant to a requirement included in this Order, the discharging authority or relevant planning authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period of 8 weeks beginning with—

(a)

the day immediately following that on which the application is received by the discharging authority or the relevant planning authority;

(b)

where further information is requested under paragraph 3, the day immediately following that on which further information has been supplied by the undertaker; or

(c)

such longer period as may be agreed by the undertaker and the discharging authority or the relevant planning authority.

(2)

In determining any application made to the discharging authority or relevant planning authority for any consent, agreement or approval required by a requirement contained in Part 1 of Schedule 2 of this Order, the discharging authority or relevant planning authority may—

(a)

give or refuse its consent, agreement or approval; or

(b)

give its consent, agreement or approval either subject to reasonable conditions, or unconditionally,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority or relevant planning authority must provide its reasons for that decision with the notice of the decision.

(3)

With the exception of Requirements 5, 12 and 18, in the event that the discharging authority or relevant planning authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority or relevant planning authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(4)

With respect to Requirements 5, 12 and 18, where an application has been made to the discharging authority or relevant planning authority for any agreement or approval required pursuant to those requirements and the discharging authority or the relevant planning authority has not given notice to the undertaker of their decision within the period set out in sub-paragraph (1), within a period of 8 weeks or by the conclusion of such period as may be extended by agreement under sub-paragraph (1)(c), then the application shall be deemed to have been refused consent.

Further information

3. (1)

Where an application has been made under paragraph 2 the discharging authority or the relevant planning 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 discharging authority or the relevant planning 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 discharging authority or the relevant planning authority must issue the consultation to the requirement consultee within five days of receipt of the application. Where the consultee requires further information they must notify the discharging authority or relevant planning authority in writing specifying the further information required within 14 days of receipt of the consultation. The discharging authority or the relevant planning authority must notify the undertaker in writing specifying any further information requested by the consultee within five working days of receipt of such a request.

(4)

In the event that the discharging authority or the relevant planning 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.

Provision of information by Consultees

4. (1)

Any consultee who receives a consultation under paragraph 3(3) must respond to that request within 28 days from receipt unless sub-paragraph (2) of this paragraph applies.

(2)

Where any consultee requests further information in accordance with the timescales set out in paragraph 3(3) then they must respond to the consultation within ten working days from the receipt of the further information requested.

Fees

5.

Where an application is made to the discharging authority or the relevant planning authority for agreement or approval in respect of a requirement the fee for the discharge of conditions as specified in Regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 201255 (or any regulations replacing the same) is to be paid by the undertaker to the discharging authority or the relevant planning authority in accordance with these regulations unless a bespoke arrangement has been agreed between the undertaker and discharging authority or the relevant planning authority, and legally secured.

Appeal

6. (1)

The undertaker may appeal to the Secretary of State in the event that the discharging authority or the relevant planning authority refuses an application, including any deemed refusal of consent under paragraph 2(4), for any consent, agreement or approval required by a requirement included in this Order, or grants it subject to conditions.

(2)

Any appeal by the undertaker must be made within 42 days of the date 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 2(1), giving rise to the appeal referred to in sub-paragraph (1).

(3)

The appeal process will be as follows—

(a)

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 discharging authority or 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”);

(b)

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 (3);

(c)

the discharging authority or 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 fifteen working 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;

(d)

the appeal parties must make any counter-submissions to the appointed person within ten working days of receipt of written representations pursuant to sub-paragraph (3)(c); and

(e)

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 20 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (3)(d).

(4)

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

(5)

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, such date to be set having regard to the timescales in sub-paragraph (3).

(6)

Any further information required under sub-paragraph (5) must be provided by the appeal party from whom the further information was requested to the appointed person and the other appeal parties 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 ten working days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (3)(c) to (3)(e).

(7)

On an appeal under this paragraph, the appointed person may—

(a)

allow or dismiss the appeal; or

(b)

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

and may deal with the application as if it had been made to the appointed person in the first instance.

(8)

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.

(9)

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.

(10)

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.

(11)

If an approval is given by the appointed person pursuant to this paragraph, it is to be deemed to be an approval for the purpose of Part 1 of Schedule 2 (requirements) as if it had been given by the discharging authority or the relevant planning authority.

(12)

Save where a direction is given pursuant to sub-paragraph (13) requiring the costs of the appointed person to be paid by the discharging authority or the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

(13)

On application by the discharging authority or the relevant planning 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 relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it.