Legislation – The Five Estuaries Offshore Wind Farm Order 2025

“2008 Act” means the Planning Act 2008;

“ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;

“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“archaeological mitigation strategy” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order that is development within the meaning of section 32 of the 2008 Act;

“book of reference” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“build option 1” means the scenario in which the authorised development will deliver works to support grid connection co-ordination, including the laying of onshore cable ducts (Work Nos. 5A, 6A, 7A, 8A, 9A, 10A, 11A, 12A, 14A and 15E), for transfer to and/or use by the developer or operator of North Falls, as part of co-ordination for grid connection works for offshore generation;

“build option 2” means the scenario in which the undertaker only constructs those works required for the Five Estuaries Offshore Wind Farm grid connection and does not construct Work Nos. 5A, 6A, 7A, 8A, 9A, 10A, 11A, 12A, 14A and 15E;

“building” includes any structure or erection or any part of a building, structure or erection;

“buoy” means any floating device used for navigational purposes or measurement purposes, including wave buoys, LiDAR and guard buoys;

“business day” means a day other than a Saturday or Sunday or a bank holiday in England and Wales;

“cable” means up to 400 kilovolts cables for the transmission of electricity and includes direct lay cables, cables laid in cable ducts or protective covers, and further includes fibre optic and other communications cables either within the cable or laid alongside;

“cable circuits” means a number of electrical conductors necessary to transmit electricity between two points within the authorised development, comprising up to three electrical conductors, which may be attached together or take the form of single cables, and in either case the circuit may include one or more auxiliary cables for the purpose of control, monitoring, protection or general communications;

“cable crossings” means the crossing of existing cables, pipelines or other existing infrastructure by the cables authorised by this Order together with cable protection;

“cable ducts” means conduits for the installation of cables;

“cable protection” means physical measures for the protection of cables from physical damage including but not limited to concrete mattresses, split pipe system, and/or rock placement, and protective aprons or coverings (including material used for cable crossings);

“carriageway” has the same meaning as in section 329 of the 1980 Act;

“code of construction practice” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“compensatory works” means Work Nos. 18A and 18B to provide compensatory measures for Lesser Black Back Gulls;

“deemed marine licence” means the marine licences set out in Schedules 10 (deemed marine licence – generation assets) and 11 (deemed marine licence – transmission assets);

“deep water route cable installation area (future dredging depths) plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“discharging authority” for the purposes of Schedule 2 of this Order means Essex County Council;

“environmental statement” means the documents certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“foundation” means any of a monopile, multi-leg pin-piled jacket, mono suction caisson or multi-leg suction caisson jacket;

“HAT” means highest astronomical tide;

“HVAC” means high voltage alternating current;

“highway” and “highway authority” have the same meaning as in section 328 of the 1980 Act;

“inter-array cables” means the cables linking the wind turbine generators to each other and to the other offshore works;

“jacket foundation” means a steel jacket/lattice-type structure constructed of steel, fixed to the seabed with steel pin piles or steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“jointing” means a process by which two or more cables are connected to each other by means of cable joints;

“land plans (onshore)” means the documents certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“LAT” means lowest astronomical tide;

“LiDAR” means a light detection and ranging system used to measure weather and sea conditions;

“location plan – offshore” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“location plan – onshore” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace, any component part of any offshore work including any cable, and the onshore works described in Parts 1 and 2 of Schedule 1 (authorised development) not including removal, reconstruction or replacement of foundations and buildings associated with the onshore substation, to the extent assessed in the environmental statement, and any derivative of maintain must be construed accordingly;

“Margate and Long Sands – SAC benthic mitigation plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“Marine Management Organisation” or “MMO” means the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH, being the body created under the 2009 Act and which is responsible for the monitoring and enforcement of the deemed marine licences;

“MCA” means the Maritime and Coastguard Agency;

“mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;

“mean low water springs” or “MLWS” means the lowest level which spring tides reach on average height of all low waters above Chart Datum over a period of time;

“monopile foundation” means a steel or concrete pile foundation, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“National Grid” means National Grid Electricity Transmission Plc, Company Number (02366977, and having its registered office at 1 – 3 Strand, London, WC2N 5EH);

“National Highways” means National Highways Limited (company number 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ or any such successor or replacement body that may from time to time be primarily responsible for the functions, duties and responsibilities currently exercised by that statutory body;

“North Falls” means the nationally significant infrastructure project known as North Falls Offshore Wind Farm, being an offshore electricity generating station approximately 24.5 kilometres from its nearest point at the Port of Lowestoft for which an application for development consent was accepted for examination on 22nd August 2024;

“offshore in-principle monitoring plan” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);

“offshore Order limits and grid coordinates plan” means the document certified as such by the Secretary of State for the purposes of the Order under article 43 (certification of plans, etc.);

“offshore project design principles” means the document certified as such by the Secretary of State for the purposes of the Order under article 43 (certification of plans, etc.);

“offshore substation” means a platform attached to the seabed by means of a foundation, with one or more decks, whether open or fully clad, accommodating electrical power transformers, switchgear, instrumentation, protection and control systems, and other associated equipment and facilities to enable the transmission of electronic communications and for electricity to be collected at, and exported from, the platform;

“offshore works” means Work Nos. 1 to 3 inclusive and any related further associated development in connection with those Works;

“onshore site preparation works” means onshore works comprising surveying or investigatory works including archaeological investigations, environmental surveys, investigations for the purpose of assessing ground conditions; remediation of contamination, preparatory works to existing infrastructure and diversion and laying of utilities and services; creation of any temporary means of access; site clearance including vegetation clearance; erection of screening and fencing, site security works, creation of temporary hard standing, or the temporary display of site notices or advertisements;

“onshore substation design principles document” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“onshore works” means Work Nos 4 to 18 inclusive and any related further associated development in connection with those Works;

“Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference;

“Order limits” means the limits shown on the works plan – offshore and works plan – onshore within which the authorised development may be carried out;

“outline cable specification and installation plan” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);

“outline construction traffic management plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline fisheries liaison and co-existence plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline groundwater monitoring plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline landscape and ecological management plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline marine mammal mitigation protocol” means the document certified as the outline marine mammal mitigation protocol – piling by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline marine written schemes of investigation” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline offshore operations and maintenance plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline onshore written schemes of investigation” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline project environmental management plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline public access management plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline sediment disposal management plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline skills and employment strategy” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline southern north sea special area of conservation site integrity plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline workforce travel plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“outline working in proximity to wildlife in the marine environment plan” means the document certified as the working in proximity to wildlife in the marine environment plan by the Secretary of State under article 43 (certification of plans, etc.) forming an appendix to the outline project environmental management plan;

“pin piles” means steel or concrete cylindrical piles driven and/or drilled into the seabed to secure steel jacket foundations;

“platforms” means the offshore structures housing or incorporating electrical equipment such as switchgear and transformers and high voltage reactive controls, electrical systems such as metering and control systems, J-tubes, landing facilities for vessels and helicopters, re-fuelling facilities, vessel charging facilities, communication and control systems, auxiliary and uninterruptible power supplies, energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

“requirements” means, or a reference to a numbered requirement is a reference to, those matters set out in Schedule 2 (requirements) to this Order;

“scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed by use of protective aprons, mattresses, or rock and gravel placement;

“special category land plans” means the plan certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“stage” for the purposes of the requirements means the phase of Works, being the Works to be carried out at the same time as set out in the order in which all of the Works are planned to be undertaken;

“statutory undertaker” means any person falling within section 127(8) of the 2008 Act and a public communications provider as defined in section 151 of the 2003 Act;

“street works and access plan” means the plan certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“substation” means in relation to the onshore works, an HVAC substation compound sited within Work No. 15 containing electrical equipment (including power transformers, gantries, switchgear, reactive compensation equipment, electrical protection equipment devices (disconnectors, circuit breakers), cooling, harmonic filters, cables and back-up generators), control buildings, lightning protection masts, communications masts, access including internal roads, fencing and other associated equipment, structures or buildings;

“suction caisson foundation” means a tubular steel structure with steel buckets that partially or fully penetrates the seabed and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“temporary closure of public rights of way plan” means the plan certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“transition joint bay” means underground concrete bays in Work No. 5 where the offshore export cables are jointed to the onshore cable circuits;

“tree preservation order and hedgerow plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“trenchless installation technique compound” means a construction site associated with the cable or cable circuit works where horizontal directional drilling or other trenchless construction technique is proposed including hard standings, lay down and storage areas for construction materials and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas comprising water and bentonite tanks, pumps and pipes, areas for welfare facilities including offices and canteen and washroom facilities, wheel washing facilities, workshop facilities and temporary fencing or other means of enclosure and areas for other facilities required for construction purposes;

“trenchless installation techniques” means the installation of electrical circuits and/or cables by means of boring techniques for installing cable ducts including horizontal directional drilling, pipe jacking/horizontal auger boring and micro-boring;

“tribunal” means the Lands Chamber of the Upper Tribunal;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“undertaker” means, subject to article 7 (benefit of the Order) Five Estuaries Offshore Wind Farm Limited, incorporated under company number 12292474 and having its registered office at Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, United Kingdom, SN5 6PB;

“vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;

“wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s), access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment including communications equipment, fixed to a foundation or transition piece;

“works plan – offshore” means the plan or plans certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order; and

“works plan – onshore” means the plan or plans certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order.