The Five Estuaries Offshore Wind Farm Order 2025
S.I. 2025/1376 · Made 17 December 2025 · Extends to England and Wales
Infrastructure Planning
Made 17th December 2025
Coming into force 8th January 2026
An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1 (the “2008 Act”) for an Order granting development consent.
The application was examined by a panel of 5 members (appointed by the Secretary of State) in accordance with Part 6 of the 2008 Act and carried out in accordance with the Infrastructure Planning (Examination Procedure) Rules 2010f2.
The panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and recommendation to the Secretary of State.
The Secretary of State has considered the representations made and not withdrawn and the report and recommendation of the panel, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f3, and, as a national policy statement has effect in relation to the proposed development, has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.
The Secretary of State is satisfied that the open space forming special category land specified in the land plans and special category land plan (as defined in article 2 of this Order), when burdened with any new rights authorised to be compulsorily acquired under this Order, will be no less advantageous than it was before 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, having decided the application, has determined to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.
The Secretary of State, in exercise of the powers conferred by sections 114f4, 115f5, 120f6, 122, 123, 132f7, 140 and 149Af8 of, and schedule 5 to, the 2008 Act, makes the following Order.
Annotations to the whole text
Footnotes
- f1
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2008 c. 29. Section 37 was amended by sections 128(2) and 137(5) and Schedule 13, Part 1, paragraphs 1 to 5 of the Localism Act 2011 (c. 20).
- f2
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S.I. 2010/103. This instrument was amended by S.I. 2012/635.
- f3
- f4
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Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
- f5
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Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).
- f6
-
Section 120 was amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011.
- f7
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Section 132 was amended by section 24 of the Growth and Infrastructure Act 2013 (c. 27).
- f8
-
Section 149A was inserted by paragraph 4(1) of Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23).
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: Principal Powers
- 3Development consent etc. granted by the Order
- 4Operation of generating station
- 5Deemed marine licences under the 2009 Act
- 6Power to maintain the authorised development
- 7Benefit of the Order
- 8Application and modification of legislative provisions
- 9Defence to proceedings in respect of statutory nuisance
- Part 3: Streets
- 10Street works
- 11Application of the 1991 Act
- 12Construction and maintenance of new or altered highway
- 13Temporary closure of public rights of way
- 14Temporary restriction of use of streets
- 15Access to works
- 16Traffic regulation
- 17Power to alter layout etc. of streets
- Part 4: Supplemental powers
- 18Discharge of water
- 19Authority to survey and investigate the land
- 20Protective work to buildings
- Part 5: Powers of acquisition
- 21Compulsory acquisition of land
- 22Time limit for exercise of authority to acquire land compulsorily
- 23Compulsory acquisition of rights
- 24Compulsory acquisition of land: minerals
- 25Private rights
- 26Application of the 1981 Act
- 27Acquisition of subsoil only
- 28Modification of Part 1 of the 1965 Act
- 29Rights under or over streets
- 30Temporary use of land for carrying out the authorised development
- 31Temporary use of land for maintaining the authorised development
- 32Statutory undertakers
- 33Recovery of costs of new connections
- 34Funding
- Part 6: Miscellaneous and general
- 35Application of landlord and tenant law
- 36Felling or lopping of trees and removal of hedgerows
- 37Trees subject to tree preservation orders
- 38Abatement of works abandoned or decayed
- 39Saving provisions for Trinity House
- 40Crown rights
- 41Protective provisions
- 42Application of the 1990 Act
- 43Certification of plans, etc.
- 44Service of notices
- 45No double recovery
- 46Requirements
- 47Arbitration
- 48Compensation
- Signature
- Schedule 1: Authorised development
- 1Authorised development
- 2Ancillary works
- Schedule 2: Requirements
- Part 1: Requirements
- 1Time limits
- 2Offshore design parameters
- 3Aviation safety
- 4Stages of authorised development onshore
- 5Onshore substation works, design and landscaping
- 6Code of construction practice
- 7Traffic and access plans
- 8Permanent highway accesses
- 9Onshore archaeology
- 10Landscape and Ecological Management Plan
- 11Soil Management Plan
- 12Protected species onshore
- 13Ground water monitoring
- 14Restoration of land used temporarily for construction
- 15Control of noise during operational stage
- 16Skills and employment strategy
- 17Onshore build options
- 18Compensatory Works
- 19Reuse of temporary works with the onshore works for North Falls
- 20Biodiversity net gain
- 21Offshore decommissioning
- 22Onshore decommissioning
- 23Migratory bat monitoring
- 24Landfall drilling risk assessment
- 25Farmland bird compensation
- 26Requirement for written approval
- 27Amendments to approved details
- Part 2: Approval of matters specified in requirements
- 1Interpretation
- 2Applications made under requirements
- 3Further information
- 4Provision of information by Consultees
- 5Fees
- 6Appeal
- Schedule 3Streets subject to street works
- Schedule 4: Traffic Regulation
- 1Streets to be temporarily restricted
- 2Rights of way to be temporarily closed or restricted
- 3Traffic regulation orders not applicable to the undertaker
- 4Speed limits
- Schedule 5Access to works
- Schedule 6Land of which temporary possession may be taken
- Schedule 7Land 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
- 1Compensation enactments
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 9: Protective provisions
- Part 1: Protection for electricity, gas, water and sewerage undertakers
- 1Paragraph 1
- 2Paragraph 2
- 3On street apparatus and offshore works
- 4Acquisition of land
- 5Removal of apparatus
- 6Facilities and rights for alternative apparatus
- 7Retained apparatus
- 8Expenses and costs
- 9Paragraph 9
- 10Miscellaneous
- Part 2: For the protection for operators of electronic communications code networks
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Part 3: For the protection of the Environment Agency
- 15Paragraph 15
- 16Submission and approval of plans
- 17Construction of protective works
- 18Timing of works and service of notices
- 19Works not in accordance with this Part of this Schedule
- 20Maintenance of works
- 21Remediating impaired drainage work
- 22Agency access
- 23Free passage of fish
- 24Monitoring of Sea Defence
- 25As built drawings
- 26Heavy vehicle movements during construction
- 27Indemnity
- 28Disputes
- Part 4: For the protection of drainage authorities
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- Part 5: For the protection of Network Rail Infrastructure Limited
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- Part 6: For the protection of National Highways
- 65Application etc.
- 66Interpretation
- 67General
- 68Paragraph 68
- 69Works outside the Order limits
- 70Prior approvals
- 71Construction of the cable works and SRN works
- 72Payments
- 73Provisional Certificate for SRN works
- 74Provisional Certificate for cable works
- 75Opening
- 76Final condition survey
- 77Defects Period
- 78Final Certificate
- 79Security
- 80Commuted sums
- 81Insurance
- 82Indemnity
- 83Maintenance of the authorised development
- 84Land
- 85Expert Determination
- Part 7: For the protection of London Gateway Port
- 86Paragraph 86
- 87Application
- 88Approvals
- 89Paragraph 89
- 90Approvals and refusals
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- Part 8: For the protection of North Falls Offshore Wind Farm
- 96Paragraph 96
- 97Paragraph 97
- 98Application
- 99Paragraph 99
- 100Acquisition of land and protection of apparatus
- 101Paragraph 101
- 102Paragraph 102
- 103Access
- 104Build option 1 scenario
- 105Design collaboration
- 106Arbitration
- Part 9: For the protection of Port of London Authority (onshore)
- 107Application
- 108Interpretation
- 109Access
- 110Extinguishment of rights
- 111Installation of structures
- 112Services
- Part 10: For the protection of the Port of London Authority (offshore)
- 113Paragraph 113
- 114Application
- 115Consultation and notice
- 116Cable Specification and Installation Plan
- 117Monitoring
- 118Paragraph 118
- 119Remediation
- 120Paragraph 120
- 121Paragraph 121
- 122Provision of as built details
- 123Transfer of the benefit
- 124Disputes
- Part 11: For the protection of Essex County Council as local highway authority
- 125Application
- 126Definitions
- 127Design input and commencement
- 128Paragraph 128
- 129Survey reinstatement
- 130Inspections and testing of materials
- 131Road Safety Audits
- 132Defects in local highways constructed by the undertaker
- 133Provisional Certificate
- 134Maintenance
- 135Final Certificate
- 136Emergency Work
- 137Land interests
- 138Disputes
- Part 12: For the protection of Anglian Water
- 139Application
- 140Interpretation
- 141Access
- 142On street apparatus
- 143Apparatus in stopped up streets
- 144Protective works to buildings
- 145Acquisition of land
- 146Removal of apparatus
- 147Facilities and rights for alternative apparatus
- 148Retained apparatus
- 149Expenses and costs
- 150Paragraph 150
- 151Cooperation
- 152Paragraph 152
- 153Paragraph 153
- 154Paragraph 154
- 155Paragraph 155
- Part 13: For the protection of Affinity Water
- 156Application
- 157Interpretation
- 158On street apparatus
- 159Apparatus in stopped up streets
- 160Protective works to buildings
- 161Acquisition of land
- 162Removal of apparatus
- 163Facilities and rights for alternative apparatus
- 164Specified works
- 165Expenses and costs
- 166Indemnity
- 167Cooperation
- 168Expert Determination
- 169Access
- Part 14: For the protection of National Grid Electricity Transmission
- 170Application
- 171Interpretation
- 172Compulsory acquisition of land and rights
- 173Paragraph 173
- 174Paragraph 174
- 175Paragraph 175
- 176Paragraph 176
- 177Protection of National Grid apparatus
- 178Paragraph 178
- 179Works in the EACN Substation Area
- 180Paragraph 180
- 181Indemnity
- 182Paragraph 182
- Part 15: For the protection of Cadent Gas Limited
- 183Application
- 184Interpretation
- 185On Street apparatus
- 186Access to Apparatus
- 187Protective works to buildings
- 188Acquisition of land
- 189Removal of apparatus
- 190Facilities and rights for alternative apparatus
- 191Retained apparatus: protection of Cadent
- 192Expenses
- 193Enactments and agreements
- 194Co-operation
- 195Access
- 196Arbitration
- Schedule 10: Deemed marine licence – Generation Assets
- Part 1: General
- 1Licensed marine activities
- 2Details of licensed marine activities
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6General provisions
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: Conditions
- 10Design parameters
- 11Paragraph 11
- 12Maintenance of the authorised development
- 13Vessels under the undertaker’s control
- 14Extension of time periods
- 15Notifications and inspections
- 16Aids to navigation
- 17Colouring of structures
- 18Aviation safety
- 19Chemicals, drilling and debris
- 20Force majeure
- 21Pre-construction plans and documentation
- 22Paragraph 22
- 23Site Integrity Plan
- 24Offshore safety management
- 25Reporting of engaged agents, contractors and vessels
- 26Pre-construction monitoring and surveys
- 27Construction monitoring
- 28Monitoring of underwater noise from piling
- 29Post-construction monitoring
- 30Timing of monitoring report
- 31Reporting of impact pile driving
- 32Maintenance reporting
- 33Stages of construction
- 34Completion of construction
- 35Paragraph 35
- 36Reporting of scour and cable protection;
- 37Deployment of cable protection
- Schedule 11: Deemed marine licence – Transmission Assets
- Part 1: General
- 1Licensed Marine Activities
- 2Details of licensed marine activities
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6General provisions
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: Conditions
- 10Design parameters
- 11Paragraph 11
- 12Paragraph 12
- 13Maintenance of the authorised development
- 14Vessels under the undertaker’s control
- 15Extension of time periods
- 16Notifications and inspections
- 17Aids to navigation
- 18Colouring of structures
- 19Aviation safety
- 20Chemicals, drilling and debris
- 21Force majeure
- 22Pre-construction plans and documentation
- 23Paragraph 23
- 24Site Integrity Plan
- 25Offshore safety management
- 26Reporting of engaged agents, contractors and vessels
- 27Pre-construction monitoring and surveys
- 28Construction monitoring
- 29Monitoring of underwater noise from piling
- 30Post-construction monitoring
- 31Timing of monitoring report
- 32Reporting of impact pile driving
- 33Maintenance reporting
- 34Stages of construction
- 35Completion of construction
- 36Paragraph 36
- 37Reporting cable protection
- 38Deployment of cable protection
- Schedule 12
- 1Tree Preservation Orders
- 2Removal of hedgerows
- 3Removal of important hedgerows
- Schedule 13: Compensation
- Part 1: Lesser Black Backed Gull
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Part 2: Kittiwake
- 1Paragraph 1
- 2Paragraph 2
- 3Marine Recovery Fund
- 4KIMP
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Part 3: Guillemot
- 1Paragraph 1
- 2Paragraph 2
- 3Marine Recovery Fund
- 4GCIMP(s)
- 5GCIMP(s)
- 6GCIMP(s)
- 7GCIMP(s)
- 8GCIMP(s)
- 9GCIMP(s)
- 10GCIMP(s)
- 11GCIMP(s)
- 12GCIMP(s)
- 13GCIMP(s)
- 14GCIMP(s)
- Part 4: Benthic
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 14: Arbitration rules
- 1Primary objective
- 2Time periods
- 3Timetable
- 4Procedure
- 5Arbitrator’s powers
- 6Costs
- 7Confidentiality
- Schedule 15Documents to be certified
- Schedule 16Offshore co-ordinates
- Explanatory note