# The Five Estuaries Offshore Wind Farm Order 2025, Paragraph 127: Design input and commencement

Extent: E+W

(1) The undertaker must allow and facilitate an appropriately qualified person or persons duly appointed by the local highway authority (each being a “nominated officer”) to participate in the design process for the detailed design for the works. The undertaker agrees to incorporate reasonable representations of the nominated officer in finalising its detailed design proposal (subject to the undertaker being able to refuse implementation of any representation which would cause a breach of this Order, or would entail materially new or materially different environmental effects from those reported in the environmental statement).
(2) Participation under sub-paragraph (1) will be in the form of invitations (given at least 20 business days in advance and sent by email to the nominated office and marked ‘urgent’) to attend design meetings relating to relevant works and the provision to the nominated officer of such drawings, cross/long sections, design proposals and other information as is reasonably required to allow the nominated officer to provide an informed response on the detailed design proposals to the undertaker.
(3) The nominated officer will have no less than 20 business days from the date on which the undertaker supplies information pursuant to sub-paragraph (2) to provide the undertaker with any comments upon any information provided to that officer pursuant to sub-paragraph (2).
(4) No part of the works may commence until the undertaker has provided to the local highway authority the detailed information relating to that part of the works (without prejudice to the undertaker providing parts of the detailed information insofar as it relates to the operation of the local highway at a later date, provided the provision of that information is subject to this sub-paragraph and sub-paragraphs (5) to (7)).
(5) The undertaker will give the local highway authority at least 20 business days to comment and provide representations by email on the detailed information provided to it under sub-paragraph (4).
(6) The undertaker will incorporate any reasonable comments, representations and recommendations made by the local highway authority (acting reasonably) under sub-paragraph (5) (and, without limitation, the undertaker is able to refuse implementation of any representation or recommendation which would cause a breach of this Order, conflict with a permit issued under a permit scheme operated by the local highway authority or would entail materially new or materially different environmental effects from those reported in the environmental statement) and will provide the local highway authority with reasons for non-acceptance of any representation or recommendation as soon as reasonably practicable upon receipt of a request from the local highway authority in writing within 10 business days of its decision.
(7) The works must not be carried out except in accordance with the detailed information (but subject to the process in sub-paragraphs (4) and (5) or as otherwise may be agreed prior to the date of commencement of the relevant works between the undertaker and the local highway authority.
(8) This paragraph does not apply to the works to the extent that would cause an inconsistency with any provision of this Order.

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Source: https://www.legislation.gov.uk/uksi/2025/1376/schedule/9/paragraph/127 (the official version)
Page: https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-9/paragraph-127
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.