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 3Streets

Power to alter layout etc. of streets17.

(1)

Subject to paragraphs (2) and (3), the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with constructing, operating or maintaining the authorised development, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may—

(a)

alter the level or increase the width of the street including any kerb, footway, cycle track or verge; and

(b)

make and maintain passing place(s).

(2)

The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.

(3)

The powers conferred by paragraph (1) must not be exercised without the consent of the street authority.

(4)

If a street authority fails to notify the undertaker of its decision within 56 days of receiving an application for consent under paragraph (5), that street authority is deemed to have granted consent.