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 2Principal Powers

Application and modification of legislative provisions8.

The following enactments do not apply in relation to the construction of any work or the carrying out of any operation for the purpose of or in connection with, the construction of the authorised development or any maintenance of any part of the authorised development—

(a)

the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate authority) to the Water Resources Act 199126;

(b)

the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 199127;

(c)

sections 23 (prohibition on obstructions etc. in watercourses) and 30 (authorisation of drainage works in connection with a ditch) of the Land Drainage Act 199128;

(d)

regulation 12 (requirement for environmental permit) of the 2016 Regulations in respect of a flood risk activity only;

(e)

the provisions of the Neighbourhood Planning Act 201729 in so far as they relate to the temporary possession of land under articles 30 (temporary use of land for carrying out the authorised development) and 31 (temporary use of land for maintaining the authorised development) of this Order;

(f)

Sections 6 (grass verges etc.) and 30 (unauthorised structures on seashore) of the Essex Act 198730;

(g)

Holland Haven Country Park Local Nature reserve byelaws made by Tendring District Council on 5th July 1995 under sections 20, 21(4) and 106 of the National Parks and Access to the Countryside Act 194931 in accordance with section 236 of the Local Government Act 197232; and

(h)

Regulation 6 of the Hedgerows Regulations 199733 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—

“(k)

or for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008.”.

26

1991 c. 57. Paragraph 5 was amended by section 100(1) and (2) of the Natural Environment and Rural Communities Act 2006 (c. 16), section 84 of, and paragraph 3 of Schedule 11 to, the Marine and Coastal Access Act 2009 (c. 23), paragraph 49 of Schedule 25 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755. Paragraph 6 was amended by paragraph 26 of Schedule 15 to the Environment Act 1995 (c. 25), section 224 of, and paragraph 24 of Schedule 16 and Part 5(B) of Schedule 22 to, the Marine and Coastal Access Act 2009 and S.I. 2013/755. Paragraph 6A was inserted by section 103(3) of the Environment Act 1995.

27

1991 c. 59. Section 66 was amended by paragraph 38 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and section 86(3) of the Water Act 2014 (c. 21).

28

1991 c. 59. Section 23 was amended by section 120(1) of, and paragraph 192 of Schedule 22 to, the Environment Act 1995 and section 31 of, and paragraphs 25 and 32 of Schedule 2 to, the Flood and Water Management Act 2010 (c. 29).

31

1949 c. 97. Section 20 was amended by schedule 11 of the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments which are not relevant to this Order. Sections 21 and 106 were amended by the schedule 11 of the Natural Environment and Rural Communities Act 2006 (c. 16) and schedule 20 of the Local Government Act 1972 (c. 70). There are other amendments which are not relevant to this Order.

32

1972 c. 20. Section 236 was amended by section 84 of the Local Government Act 1985 (c. 51), schedule 6 of the Local Democracy, Economic Development and Construction Act 2009 and section 55 of the Levelling-up and Regeneration Act 2023. There are other amendments which are not relevant to this Order.