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3.1 Applicant's Revised Draft Norfolk Vanguard Offshore Wind Farm Applicant’s revised draft DCO (Clean) Applicant: Norfolk Vanguard Limited Document Reference: 3.1 (Version 8) Date: February 2020 Photo: Kentish Flats Offshore Wind Farm STATUTORY INSTRUMENTS 202[X] No. INFRASTRUCTURE PLANNING The Norfolk Vanguard Offshore Wind Farm Order 202[X] Made - - - - *** Laid before Parliament *** Coming into force - - *** CONTENTS PART 1 Preliminary 1. Citation and commencement 4 2. Interpretation 5 PART 2 Principal Powers 3. Development consent etc. granted by the Order 11 4. Limits of deviation 11 5. Power to construct and maintain authorised project 11 6. Benefit of the Order 11 7. Application and modification of legislative provisions 13 8. Defence to proceedings in respect of statutory nuisance 14 PART 3 Streets 9. Street works 15 10. Public rights of way 15 11. Temporary stopping up of streets 15 12. Access to works 16 13. Agreements with street authorities 16 14. Application of the 1991 Act 16 PART 4 Supplemental Powers 15. Discharge of water and works to watercourses 17 16. Authority to survey and investigate the land onshore 18 17. Removal of human remains 19 PART 5 Powers of Acquisition 18. Compulsory acquisition of land 20 19. Time limit for exercise of authority to acquire land compulsorily 20 20. Compulsory acquisition of rights 20 21. Private rights 21 22. Application of the Compulsory Purchase (Vesting Declarations) Act 1981 22 23. Application of Part 1 of the Compulsory Purchase Act 1965 22 24. Acquisition of subsoil or airspace only 23 25. Rights under or over streets 23 26. Temporary use of land for carrying out the authorised project 23 27. Temporary use of land for maintaining authorised project 25 28. Extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession 26 29. Statutory undertakers 26 30. Recovery of costs of new connections 26 PART 6 Operations 31. Operation of generating station 27 32. Deemed marine licences under the 2009 Act 27 PART 7 Miscellaneous and General 33. Application of landlord and tenant law 27 34. Operational land for purposes of the 1990 Act 27 35. Felling or lopping of trees and removal of hedgerows 27 36. Trees subject to tree preservation orders 28 37. Certification of plans etc 28 38. Arbitration 29 39. Procedure in relation to certain approvals etc 30 40. Abatement of works abandoned or decayed 30 41. Saving provisions for Trinity House 30 42. Crown rights 30 43.–44. Protective provisions 30 SCHEDULES SCHEDULE 1 — Authorised Project 31 PART 1 — Authorised Development 31 PART 2 — Ancillary Works 45 PART 3 — Requirements 45 2 SCHEDULE 2 — Streets subject to Street Works 55 SCHEDULE 3 — Public Rights of Way to be temporarily stopped up 60 SCHEDULE 4 — Streets to be stopped up 64 SCHEDULE 5 — Access to Works 77 SCHEDULE 6 — Land in which only New Rights etc., may be acquired 87 SCHEDULE 7 — Modification of compensation and compulsory purchase enactments for creation of new rights 111 SCHEDULE 8 — Land of which temporary possession may be taken 113 SCHEDULE 9 — Deemed Licence under the 2009 Act – Generation Assets (Licence 1 – Phase 1) 120 PART 1 — Interpretation 120 PART 2 — Licensed Marine Activities – General 124 PART 3 — Details of Licensed Marine Activities 125 PART 4 — Conditions 126 PART 5 — Procedure for appeals 137 SCHEDULE 10 — Deemed Licence under the 2009 Act – Generation Assets (Licence 2 – Phase 2) 138 PART 1 — Interpretation 138 PART 2 — Licensed Marine Activities – General 143 PART 3 — Details of Licensed Marine Activities 144 PART 4 — Conditions 145 PART 5 — Procedure for appeals 156 SCHEDULE 11 — Deemed Licence under the 2009 Act – Transmission Assets (Licence 1 – Phase 1) 157 PART 1 — Interpretation 157 PART 2 — Licensed Marine Activities – General 161 PART 3 — Details of Licensed Marine Activities 173 PART 4 — Conditions 174 PART 5 — Procedure for appeals 184 SCHEDULE 12 — Deemed Licence under the 2009 Act – Transmission Assets (Licence 2 – Phase 2) 185 PART 1 — Interpretation 185 PART 2 — Licensed Marine Activities – General 189 PART 3 — Details of Licensed Marine Activities 200 PART 4 — Conditions 201 PART 5 — Procedure for Appeals 211 SCHEDULE 13 — Hedgerows 212 PART 1 — Removal of Potentially Important Hedgerows 212 PART 2 — Removal of Important Hedgerows 219 PART 3 — Removal of Hedgerows 223 SCHEDULE 14 — ARBITRATION RULES 225 SCHEDULE 15 — Procedure for discharge of Requirements 227 SCHEDULE 16 — PROTECTIVE PROVISIONS 230 PART 1 — Protection for electricity, gas, water and sewerage undertakers 230 PART 2 — For the Protection of National Grid as Electricity and Gas Undertaker 234 PART 3 — For the Protection of Cadent Gas Limited as Gas Undertaker 243 PART 4 — Protection for Operators of Electronic Communications Code Networks 250 PART 5 — Protection of Network Rail Infrastructure Limited 251 3 PART 6 — For the Protection of Anglian Water Services Limited 258 PART 7 — For the protection of the Environment Agency and drainage authorities 260 PART 8 — For the protection of Ørsted Hornsea Project Three (UK) Ltd 263 SCHEDULE 17 — Compensation to protect the coherence of the Natura 2000 network 265 PART 1 — Flamborough and Filey Coast Special Protection Area: Construction of artificial nest sites 265 PART 2 — Alde-Ore Estuary Special Protection Area: Delivery of measures to improve breeding success 266 PART 3 — Haisborough, Hammond and Winterton Special Area of Conservation: Promotion of an extension to the Haisborough, Hammond and Winterton Special Area of Conservation 266 An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(a) for an Order under sections 37, 114, 115, 120 and 149A of the Planning Act 2008 (“the 2008 Act”)(b); And whereas the application was examined by a Panel appointed as an examining authority by the Secretary of State pursuant to Chapter 4 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010(c); The examining authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act made a report and recommendation to the Secretary of State; The Secretary of State, having considered the report and recommendation of the Panel, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in its opinion do not make any substantial change to the proposals; The Secretary of State, having considered the report and recommendation of the Panel, is satisfied that open space comprised within the Order land, when burdened with the new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public and that, accordingly, section 132(3) of the 2008 Act applies; The Secretary of State in exercise of the powers conferred by sections 114, 115, 120, and 149A of the 2008 Act the Secretary of State makes the following Order— PART 1 Preliminary Citation and commencement 1. This Order may be cited as the Norfolk Vanguard Offshore Wind Farm Order and comes into force on [X] 202[X]. (a) S.I. 2009/2264 as amended by the Localism Act (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522) (b) 2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c.20) (c) S.I. 2010/103, amended by S.I. 2012/635 4 Interpretation 2.—(1) In this Order— “the 1961 Act” means the Land Compensation Act 1961(a); “the 1965 Act” means the Compulsory Purchase Act 1965(b); “the 1980 Act” means the Highways Act 1980(c); “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(d); “the 1989 Act” means the Electricity Act 1989(e); “the 1990 Act” means the Town and Country Planning Act 1990(f); “the 1991 Act” means the New Roads and Street Works Act 1991(g); “the 2003 Act” means the Communications Act 2003(h); “the 2004 Act” means the Energy Act 2004(i); “the 2008 Act” means the Planning Act 2008(j); “the 2009 Act” means the Marine and Coastal Access Act 2009(k); “the 2011 Regulations” means the Marine Licensing (Licence Application Appeals) Regulations 2011(l) “the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016(m); “access to works plan” means the plan certified as the access to works plan by the Secretary of State for the purposes of this Order; “accommodation platform” means a fixed structure providing offshore accommodation for personnel; [“Alde-Ore Estuary Special Protection Area (SPA) - In principle Compensation Measures” means the document certified as the Alde-Ore Estuary Special Protection Area (SPA) - In principle Compensation Measures by the Secretary of State for the purposes of this Order;] “ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order and which are not development within the meaning of section 32 of the 2008 Act; “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, which is development within the meaning of section 32 of the 2008 Act; “authorised project” means the authorised development and the ancillary works authorised by this Order; “book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order; “building” includes any structure or erection or any part of a building, structure or erection; (a) 1961 c.33 (b) 1965 c.56 (c) 1980 c.66 (d) 1981 c.66 (e) 1989 c.29 (f) 1990 c.8 (g) 1991 c.22.
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