The Hornsea Four Offshore Wind Farm Order 2023
S.I. 2023/800 · Made 12 July 2023 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 12th July 2023
Coming into force 3rd August 2023
The application was examined by the Examining Authority, appointed by the Secretary of State pursuant to section 61f3 and section 65f4 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of that Act and with the Infrastructure Planning (Examination Procedure) Rules 2010f5. The Examining Authority has submitted a report to the Secretary of State under section 74(2)f6 of the 2008 Act.
The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f7 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)f8 of the 2008 Act.
The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.
The Secretary of State is satisfied that open space within the Order land, when burdened with any 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)f9 of the 2008 Act applies.
The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120f10, 122, 123,140 and 149A of the 2008 Act, makes the following Order—
Annotations to the whole text
Textual amendments
- F1
Word in preamble substituted (31.1.2024) by The Hornsea Four Offshore Wind Farm (Correction) Order 2024 (S.I. 2024/117), art. 1(2), Sch.
Footnotes
- f1
-
2008 c. 29. Section 37 was amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20).
- f2
- f3
-
Section 61 was amended by section 128(2) and Schedule 13, paragraph 18 to the Localism Act 2011 (c. 20) and by section 26 of the Infrastructure Act 2015 (c. 7).
- f4
-
Section 65 was amended by Schedule 13 paragraph 22(2) and Schedule 25, paragraph 1 to the Localism Act 2011 (c. 20) and by section 27(1) of the Infrastructure Act 2015 (c. 7).
- f5
-
S.I. 2010/103, amended by S.I. 2012/635.
- f6
-
Section 74 was amended by sections 128(2) and 237 and by Schedule 13, paragraph 29 and Schedule 25, paragraph 1, to the Localism Act 2011 (c. 20).
- f7
- f8
-
Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 128(2) of the and Schedule 13, paragraphs 1 and 49(1) to (6) of the Localism Act 2011 (c. 20).
- f9
-
Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013 (c. 27).
- f10
-
Sections 114,115 and 120 were amended by sections 128(2) and 140 and Schedule 13, paragraphs 1, 55(1), (2) and 60(1) and (3) of the Localism Act 2011 (c. 20). Relevant amendments were made to section 115 by section 160(1) to (6) of the Housing and Planning Act 2016 (c. 22).
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by this Order
- 4Power to maintain the authorised project
- 5Benefit of the Order
- 6Application and modification of legislative provisions
- 7Defence to proceedings in respect of statutory nuisance
- Part 3: STREETS
- 8Street works
- 9Application of the 1991 Act
- 10Temporary closure and restriction of streets and public rights of way
- 11Closure and diversion of public rights of way and access land
- 12Access to works
- 13Agreements with street authorities
- 14Power to alter layout etc. of streets
- Part 4: SUPPLEMENTAL POWERS
- 15Discharge of water
- 16Protective work to buildings
- 17Authority to survey and investigate the land onshore
- Part 5: POWERS OF ACQUISITION
- 18Compulsory acquisition of land
- 19Compulsory acquisition of land: minerals
- 20Time limit for exercise of authority to acquire land compulsorily
- 21Compulsory acquisition of rights etc.
- 22Private Rights
- 23Application of the 1981 Act
- 24Statutory authority to override easements and other rights
- 25Acquisition of subsoil only
- 26Modification of Part 1 of the 1965 Act
- 27Rights under or over streets
- 28Temporary use of land for carrying out the authorised project
- 29Temporary use of land for maintaining the authorised project
- 30Statutory undertakers
- 31Recovery of costs of new connections
- Part 6: OPERATIONS
- 32Operation of generating station
- 33Deemed marine licences under the 2009 Act
- Part 7: MISCELLANEOUS AND GENERAL
- 34Application of landlord and tenant law
- 35Operational land for purposes of the 1990 Act
- 36Felling or lopping of trees and removal of hedgerows
- 37Trees subject to tree preservation orders
- 38Certification of plans and documents, etc.
- 39Arbitration
- 40Requirements, appeals, etc.
- 41Abatement of works abandoned or decayed
- 42Saving provisions for Trinity House
- 43Crown rights
- 44Protective provisions
- 45Funding
- 46Amendment and modification of statutory provisions
- 47Service of notices
- 48Modification of Section 106 agreements relating to land
- 49Compensation provisions
- Signature
- Schedule 1: AUTHORISED PROJECT
- Part 1: AUTHORISED DEVELOPMENT
- 1Paragraph 1
- 2Paragraph 2
- Part 2: ANCILLARY WORKS
- 1Paragraph 1
- Part 3: REQUIREMENTS
- 1Time limits
- 2Detailed offshore design parameters
- 3Detailed offshore design parameters
- 4Detailed offshore design parameters
- 5Detailed offshore design parameters
- 6Biodiversity net gain
- 7Detailed design approval onshore
- 8Provision of landscaping
- 9Implementation and maintenance of landscaping
- 10Ecological management plan
- 11Highway accesses
- 12Fencing and other means of permanent enclosure
- 13Temporary fencing and other temporary means of enclosure
- 14Surface and foul water drainage
- 15Contaminated land and groundwater scheme
- 16Surface water
- 17Onshore archaeology
- 18Code of construction practice
- 19Construction traffic management plan
- 20European protected species onshore
- 21Restoration of land used temporarily for construction
- 22Control of noise during operational phase
- 23Enhancement strategy
- 24Ministry of Defence radar mitigation
- 25Onshore decommissioning
- 26Employment and skills plan
- 27Energy balancing infrastructure safety management
- 28Stages of authorised development
- 29Claxby Radar Mitigation
- 30Requirement for written approval
- 31Amendments to approved details
- Part 4: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Interpretation
- 2Applications made under requirements
- 3Further information regarding requirements
- 4Appeals
- Schedule 2STREETS SUBJECT TO STREET WORKS
- Schedule 3STREETS TO BE TEMPORARILY CLOSED OR RESTRICTED
- Schedule 4: PUBLIC RIGHTS OF WAY TO BE CLOSED OR DIVERTED AND ACCESS LAND
- 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
- 2PUBLIC RIGHTS OF WAY TO BE PERMANENTLY DIVERTED
- 3PUBLIC RIGHTS OF WAY TO BE TEMPORARILY DIVERTED
- 4ACCESS LAND WHERE PUBLIC RIGHTS OF WAY MAY BE TEMPORARILY SUSPENDED
- Schedule 5ACCESS TO WORKS
- Schedule 6LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Application of Part 1 of the 1965 Act
- 6Application of Part 1 of the 1965 Act
- 7Application of Part 1 of the 1965 Act
- 8Application of Part 1 of the 1965 Act
- 9Application of Part 1 of the 1965 Act
- 10Application of Part 1 of the 1965 Act
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Application
- 2Application
- 3Precedence of the 1991 Act in respect of apparatus in the streets
- 4No acquisition etc. except by agreement
- 5Removal of apparatus
- 6Facilities and rights for alternative apparatus
- 7Retained apparatus
- 8Retained apparatus
- 9Expenses and costs
- 10Expenses and costs
- Part 2: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 3: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER AND NATIONAL GRID GAS PLC AS GAS UNDERTAKER
- Chapter: PART 3A - NATIONAL GRID ELECTRICITY TRANSMISSION PLC
- 1Application
- 2Interpretation
- 3Interpretation
- 4Apparatus of National Grid in streets subject to temporary closure
- 5Protective works to buildings
- 6Acquisition of land
- 7Removal of apparatus
- 8Facilities and rights for alternative apparatus
- 9Retained apparatus: Protection of National Grid as Electricity Undertaker
- 10Expenses
- 11Indemnity
- 12Enactments and agreements
- 13Co-operation
- 14Access
- 15Arbitration
- 16Notices
- Chapter: PART 3B - NATIONAL GRID GAS PLC
- 17Application
- 18Interpretation
- 19Interpretation
- 20Apparatus of National Grid in streets subject to temporary closure
- 21Protective works to buildings
- 22Acquisition of land
- 23Removal of apparatus
- 24Facilities and rights for alternative apparatus
- 25Retained apparatus: protection of National Grid as Gas Undertaker
- 26Expenses
- 27Indemnity
- 28Enactments and agreements
- 29Co-operation
- 30Access
- 31Arbitration
- 32Notices
- Part 4: PROTECTION OF RAILWAY INTERESTS
- 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
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 6: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part 7: FOR THE PROTECTION OF DOGGERBANK OFFSHORE WIND FARM PROJECT 1 PROJCO LIMITED AND DOGGERBANK OFFSHORE WIND FARM PROJECT 2 PROJCO LIMITED
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Regulation of powers over the Hornsea Four Order land
- 5Co-operation during construction
- 6Co-operation during construction
- 7Co-operation during construction
- 8Co-operation during construction
- 9Protection of Dogger Bank
- 10Expenses
- 11Indemnity
- 12Arbitration
- 13Access
- Part 8: FOR THE PROTECTION OF NEO ENERGY (SNS) LIMITED
- 1Application
- 2Application
- 3Interpretation
- 4Restriction on authorised development
- 5Provision of information
- 6Compensation
- Part 9: FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC
- 1Application
- 2Application
- 3Precedence of the 1991 Act in respect of apparatus in the streets
- 4No acquisition etc. except by agreement
- 5Removal of apparatus
- 6Facilities and rights for alternative apparatus
- 7Retained apparatus
- 8Retained apparatus
- 9Expenses and costs
- 10Expenses and costs
- 11Co-operation
- 12Access
- 13Notices
- Part 10: FOR THE PROTECTION OF THE KUMATAGE FIELD
- 1Application
- 2Application
- 3Interpretation
- 4Protected area
- 5Protected area
- 6Line of orientation
- 7Crossing and proximity
- Part 11: FOR THE PROTECTION OF HARBOUR ENERGY LIMITED, PERENCO UK LIMITED, PREMIER OIL E&P UK EU LIMITED, DANA PETROLEUM (E&P) LIMITED AND DANA PETROLEUM LIMITED
- 1Application
- 2Interpretation
- 3Restriction on authorised development
- 4Restriction on authorised development
- 5Coexistence and proximity agreement
- 6Provision of information
- 7Compensation
- 8Compensation
- 9Arbitration
- Schedule 10: HEDGEROWS
- 1REMOVAL OF HEDGEROWS
- 2REMOVAL OF IMPORTANT HEDGEROWS
- Schedule 11: DEEMED MARINE LICENCE UNDER THE 2009 ACT - GENERATION ASSETS
- Part 1: LICENSED MARINE ACTIVITIES
- 1Paragraph 1
- 2Details of licensed marine activities
- 3Details of licensed marine activities
- 4Details of licensed marine activities
- 5Details of licensed marine activities
- 6General provisions
- 7General provisions
- 8General provisions
- 9General provisions
- Part 2: CONDITIONS
- 1Design parameters
- 2Design parameters
- 3Design parameters
- 4Maintenance of the authorised development
- 5Vessels under the undertaker’s control
- 6Extension of time periods
- 7Notifications and inspections
- 8Aids to navigation
- 9Colouring of structures
- 10Aviation safety
- 11Chemicals, drilling and debris
- 12Force majeure
- 13Pre-construction plans and documentation
- 14Pre-construction plans and documentation
- 15Offshore safety management
- 16Reporting of engaged agents, contractors and vessels
- 17Pre-construction monitoring and surveys
- 18Construction monitoring
- 19Post-construction monitoring
- 20Timing of monitoring report
- 21Reporting of impact pile driving
- 22Maintenance reporting
- 23Stages of construction
- 24Completion of construction
- 25Completion of construction
- 26Deployment of cable protection
- 27Southern North Sea Special Area of Conservation Site Integrity Plan
- Schedule 12: DEEMED MARINE LICENCE UNDER THE 2009 ACT – TRANSMISSION ASSETS
- Part 1: LICENSED MARINE ACTIVITIES
- 1Paragraph 1
- 2Details of licensed marine activities
- 3Details of licensed marine activities
- 4Details of licensed marine activities
- 5Details of licensed marine activities
- 6General provisions
- 7General provisions
- 8General provisions
- 9General provisions
- Part 2: CONDITIONS
- 1Design parameters
- 2Design parameters
- 3Design parameters
- 4Maintenance of the authorised development
- 5Vessels under the undertaker’s control
- 6Extension of time periods
- 7Notifications and inspections
- 8Aids to navigation
- 9Colouring of structures
- 10Aviation safety
- 11Chemicals, drilling and debris
- 12Force majeure
- 13Pre-construction plans and documentation
- 14Pre-construction plans and documentation
- 15Offshore safety management
- 16Reporting of engaged agents, contractors and vessels
- 17Pre-construction monitoring and surveys
- 18Construction monitoring
- 19Post-construction monitoring
- 20Timing of monitoring report
- 21Reporting of impact pile driving
- 22HVAC booster station lighting plan
- 23Piling restriction
- 24Maintenance reporting
- 25Stages of construction
- 26Completion of construction
- 27Deployment of cable protection
- 28Southern North Sea Special Area of Conservation Site Integrity Plan
- Schedule 13: MODIFICATIONS TO AND AMENDMENTS OF THE DOGGER BANK CREYKE BECK OFFSHORE WIND FARM ORDER 2015
- 1Schedule 12 to the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015
- Schedule 14: ARBITRATION RULES
- 1Primary objective
- 2Time periods
- 3Timetable
- 4Procedure
- 5Arbitrator’s powers
- 6Costs
- 7Confidentiality
- Schedule 15: DOCUMENTS TO BE CERTIFIED
- 1DOCUMENTS FORMING THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED
- 2EXAMINATION DOCUMENTS FORMING PART OF THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED
- 3OTHER DOCUMENTS TO BE CERTIFIED
- Schedule 16: COMPENSATION TO PROTECT THE COHERENCE OF THE NATIONAL SITE NETWORK
- Part 1: OFFSHORE ORNITHOLOGY ENGAGEMENT GROUP
- 1Paragraph 1
- 2Paragraph 2
- Part 2: KITTIWAKE COMPENSATION
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 3: GUILLEMOT COMPENSATION
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Explanatory note