Article 9 Public rights of navigationI1

Subject to paragraphs (2) and (3), the rights of navigation over the places in the sea where each individual wind turbine generator comprising part of the authorised development is located (“the relevant rights of navigation”) shall be extinguished.

The extinguishment of the relevant rights of navigation shall take effect 14 days after the undertaker has submitted a plan to the Secretary of State, Trinity House, the PLA, the MCA and the MMO showing the precise locations of the foundations of each of the wind turbine generators to be constructed as part of the authorised development.

In respect of the location of any individual wind turbine generator, paragraph (1) shall cease to have effect as soon as that wind turbine generator has been decommissioned and permanently removed, and the relevant rights of navigation shall resume.

The plan submitted in accordance with paragraph (2) shall be published by the undertaker in such form and manner as required by the Secretary of State.