The North Falls Offshore Wind Farm Order 2026
S.I. 2026/567 · Made 14 May 2026
Infrastructure Planning
Made 14th May 2026
Coming into force 5th June 2026
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The Secretary of State has considered the representations made and not withdrawn, the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the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 is satisfied that open space within the Order land 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 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(2)f9 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 114, 115, 120, 122, 123, 132, 140 and 149A of 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 Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20).
- f2
- f3
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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
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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
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S.I. 2010/103, amended by S.I. 2012/635.
- f6
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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
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Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 128(2) of, and Schedule 13, paragraphs 1 and 49(1) to (6), to the Localism Act 2011 (c. 20).
- f9
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Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013 (c. 27).
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by this Order
- 4Power to maintain the authorised development
- 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
- 10Construction and maintenance of new or altered highway
- 11Temporary closure of public rights of way
- 12Temporary restriction of use of streets
- 13Access to works
- 14Traffic regulation
- 15Agreements with street authorities
- 16Power to alter layout etc. of streets
- Part 4: SUPPLEMENTAL POWERS
- 17Discharge of water
- 18Protective works to buildings
- 19Authority to survey and investigate the land onshore
- Part 5: POWERS OF ACQUISITION
- 20Compulsory acquisition of land
- 21Compulsory acquisition of land: minerals
- 22Time limit for exercise of authority to acquire land compulsorily
- 23Compulsory acquisition of rights etc.
- 24Private rights
- 25Application of the 1981 Act
- 26Statutory authority to override easements and other rights
- 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
- Part 6: OPERATIONS
- 34Operation of a generating station
- 35Deemed marine licences under the 2009 Act
- Part 7: MISCELLANEOUS AND GENERAL
- 36Application of landlord and tenant law
- 37Operational land for the purposes of the 1990 Act
- 38Felling or lopping of trees and removal of hedgerows
- 39Trees subject to tree preservation orders
- 40Certification of plans and documents, etc.
- 41Arbitration
- 42Requirements, appeals, etc.
- 43Abatement of works abandoned or decayed
- 44Saving provisions for Trinity House
- 45Crown rights
- 46Protective provisions
- 47Funding
- 48No double recovery
- 49Service of notices
- 50Compensation provisions
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1AUTHORISED DEVELOPMENT
- 2ANCILLARY WORKS
- Part 3: REQUIREMENTS
- 1Time limits
- 2Offshore design parameters
- 3Aviation safety
- 4Stages of authorised development onshore
- 5Substation works
- 6Detailed design parameters onshore
- 7Provision of landscaping
- 8Code of construction practice
- 9Construction traffic management plan
- 10Permanent highway accesses
- 11Onshore archaeology
- 12Ecological management plan
- 13Soil management plan
- 14European protected species: onshore
- 15Groundwater monitoring
- 16Restoration of land used temporarily for construction
- 17Control of noise during operational stage
- 18Skills and Employment Plan
- 19Onshore build options
- 20Reuse of temporary works with the onshore works for Five Estuaries
- 21Biodiversity net gain
- 22The biodiversity net gain assessment report must be implemented as approved. Operational Drainage Strategy
- 23Horizontal directional drilling method statement
- 24Public rights of way
- 25Offshore decommissioning
- 26Onshore decommissioning
- 27Requirement for written approval
- 28Amendments to approved details
- 29Obstacle free zone for navigational safety
- 30Galloper recommended route
- 3131. Farmland Bird Compensation
- Part 4: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 32Interpretation
- 33Applications made under requirements
- 34Further information
- 35Provision of information by Consultees
- 36Fees
- 37Appeal
- Schedule 2STREETS AND PUBLIC RIGHTS OF WAY SUBJECT TO STREET WORKS
- Schedule 3: TRAFFIC REGULATION
- 1STREETS TO BE TEMPORARILY CLOSED OR RESTRICTED
- 2PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED OR RESTRICTED
- 3SPEED LIMITS
- Schedule 4ACCESS TO WORKS
- Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
- Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Compensation enactments
- 2Compensation enactments
- 3Compensation enactments
- 4Application of Part 1 of the 1965 Act
- 5Application of Part 1 of the 1965 Act
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8: 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
- 10Design parameters
- 11Design parameters
- 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
- 22Pre-construction plans and documentation
- 23Southern North Sea Special Area of Conservation site integrity plan
- 24Offshore safety management
- 25Reporting of engaged agents, contractors and vessels
- 26Pre-construction monitoring and surveys
- 27Construction monitoring
- 28Post-construction monitoring
- 29Timing of monitoring report
- 30Reporting of impact pile driving
- 31Maintenance reporting
- 32Stages of construction
- 33Completion of construction
- 34Completion of construction
- 35Cable and Scour Reporting
- 36Deployment of cable protection
- 37Placement of infrastructure in proximity to Kentish Knock East Marine Conservation Zone
- Schedule 9: 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
- 10Design parameters
- 11Design parameters
- 12Design parameters
- 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
- 23Pre-construction plans and documentation
- 24Southern North Sea Special Conservation Area Site Integrity Plan
- 25Offshore safety management
- 26Reporting of engaged agents, contractors and vessels
- 27Pre-construction monitoring and surveys
- 28Construction monitoring
- 29Post-construction monitoring
- 30Timing of monitoring report
- 31Reporting of impact pile driving
- 32Maintenance reporting
- 33Stages of construction
- 34Completion of construction
- 35Cable and Scour Reporting
- 36Cable and Scour Reporting
- 37Deployment of cable protection
- 38Placement of cable and cable protection proximate to Margate and Long Sands SAC
- 39Pre-construction, construction and post-construction monitoring and the local harbour authorities
- 40Remediation
- Schedule 10: DEEMED MARINE LICENCE UNDER THE 2009 ACT – TRANSMISSION ASSETS (OFFSHORE CONVERTER PLATFORM)
- 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
- 10Design parameters
- 11Design parameters
- 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
- 22Pre-construction plans and documentation
- 23Southern North Sea Special Area of Conservation Site Integrity Plan
- 24Offshore safety management
- 25Reporting of engaged agents, contractors and vessels
- 26Pre-construction monitoring and surveys
- 27Construction monitoring
- 28Post-construction monitoring
- 29Timing of monitoring report
- 30Reporting of impact pile driving
- 31Maintenance reporting
- 32Cable and Scour Reporting
- 33Stages of construction
- 34Completion of construction
- 35Completion of construction
- Schedule 11: HEDGEROWS
- 1REMOVAL OF HEDGEROWS
- 2REMOVAL OF IMPORTANT HEDGEROWS
- Schedule 12: DOCUMENTS TO BE CERTIFIED
- Part 1: DOCUMENTS FORMING THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED
- 1Paragraph 1
- Part 2: EXAMINATION DOCUMENTS FORMING PART OF THE ENVIRONMENTAL STATEMENT TO BE CERTIFIED
- 2Paragraph 2
- Part 3: OTHER DOCUMENTS TO BE CERTIFIED
- 3Paragraph 3
- Schedule 13: ARBITRATION RULES
- 1Primary objective
- 2Time periods
- 3Timetable
- 4Procedure
- 5Arbitrator’s powers
- 6Costs
- 7Confidentiality
- Schedule 14: 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
- 9Expenses and costs
- 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
- 16Paragraph 16
- 17Submission and approval of plans
- 18Construction of protective works
- 19Timing of works and service of notices
- 20Works not in accordance with this Part of this Schedule
- 21Maintenance of works
- 22Remediating impaired drainage work
- 23Agency access
- 24Free passage of fish
- 25Monitoring of Sea Defence
- 26Heavy vehicle movements during construction
- 27As built drawings
- 28Indemnity
- 29Disputes
- Part 4: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
- 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
- 44Paragraph 44
- Part 5: FOR THE PROTECTION OF RAILWAY INTERESTS
- 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
- 65Paragraph 65
- 66Paragraph 66
- Part 6: FOR THE PROTECTION OF NATIONAL HIGHWAYS
- 67Application etc.,
- 68Interpretation
- 69General
- 70General
- 71Works outside the Order limits
- 72Prior approvals
- 73Construction of the cable works and SRN works
- 74Payments
- 75Provisional Certificate for SRN works
- 76Provisional Certificate for cable works
- 77Opening
- 78Final condition survey
- 79Defects Period
- 80Final Certificate
- 81Security
- 82Commuted sums
- 83Insurance
- 84Indemnity
- 85Maintenance of the authorised development
- 86Land
- 87Expert Determination
- Part 7: FOR THE PROTECTION OF FIVE ESTUARIES OFFSHORE WIND FARM LIMITED
- 88Paragraph 88
- 89Application
- 90Application
- 91Acquisition of land and protection of apparatus
- 92Acquisition of land and protection of apparatus
- 93Acquisition of land and protection of apparatus
- 94Access
- 95Build option 2A scenario
- 96Collaboration
- 97Arbitration
- Part 8: FOR THE PROTECTION OF ESSEX COUNTY COUNCIL AS LOCAL HIGHWAY AUTHORITY
- 98Application
- 99Definitions
- 100Design input and commencement
- 101Design input and commencement
- 102Survey reinstatement
- 103Inspections and testing of materials
- 104Road Safety Audits
- 105Defects in local highways constructed by the undertaker
- 106Provisional Certificate
- 107Maintenance
- 108Final Certificate
- 109Emergency Work
- 110Land interests
- 111Disputes
- Part 9: FOR THE PROTECTION OF ANGLIAN WATER
- 112Application
- 113Interpretation
- 114Access
- 115On street apparatus
- 116Apparatus in closed or restricted streets
- 117Protective works to buildings
- 118Acquisition of land
- 119Removal of apparatus
- 120Facilities and rights for alternative apparatus
- 121Retained apparatus
- 122Expenses and costs
- 123Expenses and costs
- 124Cooperation
- 125Cooperation
- 126Cooperation
- 127Cooperation
- 128Cooperation
- Part 10: FOR THE PROTECTION OF AFFINITY WATER
- 129Application
- 130Interpretation
- 131On street apparatus
- 132Apparatus in closed streets
- 133Protective works to buildings
- 134Acquisition of land
- 135Removal of apparatus
- 136Facilities and rights for alternative apparatus
- 137Specified works
- 138Expenses and costs
- 139Indemnity
- 140Cooperation
- 141Expert Determination
- 142Access
- Part 11: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION
- 143Application
- 144Interpretation
- 145Compulsory acquisition of land and rights
- 146Compulsory acquisition of land and rights
- 147Compulsory acquisition of land and rights
- 148Compulsory acquisition of land and rights
- 149Compulsory acquisition of land and rights
- 150Protection of National Grid apparatus
- 151Protection of National Grid apparatus
- 152Works in the EACN Substation Area
- 153Works in the EACN Substation Area
- 154Indemnity
- 155Indemnity
- Part 12: FOR THE PROTECTION OF CADENT GAS LIMITED
- 156Application
- 157Interpretation
- 158On Street apparatus
- 159Access to apparatus
- 160Protective works to buildings
- 161Acquisition of land
- 162Removal of apparatus
- 163Facilities and rights for alternative apparatus
- 164Retained apparatus: protection of Cadent
- 165Expenses
- 166Enactments and agreements
- 167Co-operation
- 168Access
- 169Arbitration
- Part 13: FOR THE PROTECTION OF EASTERN POWER NETWORKS
- 170Application
- 171Interpretation
- 172On street apparatus
- 173Apparatus in restricted streets and public rights of way
- 174Protective works to buildings
- 175Acquisition of land
- 176Removal of apparatus
- 177Facilities and rights for alternative apparatus
- 178Retained apparatus
- 179Expenses and costs
- 180Expenses and costs
- 181Enactments and agreements
- 182Cooperation
- 183Access
- 184Arbitration
- Part 14: FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY
- 185Paragraph 185
- 186Application
- 187Approvals and notice
- 188Cable Specification and Installation Plan
- 189Monitoring
- 190Provision of as built details
- 191Indemnity
- 192Transfer of the benefit
- 193Disputes
- Part 15: FOR THE PROTECTION OF LONDON GATEWAY PORT LIMITED
- 194Interpretation
- 195Application
- 196Approvals
- 197Approvals and refusals
- 198Notification of transfer of the benefit
- 199Provision of as built details
- 200Protection of London Gateway powers
- Schedule 15: COMPENSATION TO PROTECT THE COHERENCE OF THE NATIONAL SITE NETWORK
- Part 1: LESSER BLACK BACKED GULL COMPENSATION
- 1Paragraph 1
- 2Paragraph 2
- 3Marine Recovery Fund
- 4LBBG CIMP
- 5LBBG CIMP
- 6LBBG CIMP
- 7LBBG CIMP
- 8LBBG CIMP
- 9LBBG CIMP
- 10LBBG CIMP
- 11LBBG CIMP
- 12LBBG CIMP
- 13LBBG CIMP
- 14LBBG CIMP
- Part 2: GUILLEMOT COMPENSATION
- 15Paragraph 15
- 16Paragraph 16
- 17Marine Recovery Fund
- 18Guillemot CIMP
- 19Guillemot CIMP
- 20Guillemot CIMP
- 21Guillemot CIMP
- 22Guillemot CIMP
- 23Guillemot CIMP
- 24Guillemot CIMP
- 25Guillemot CIMP
- 26Guillemot CIMP
- 27Guillemot CIMP
- Part 3: KITTIWAKE COMPENSATION
- 28Paragraph 28
- 29Paragraph 29
- 30Marine Recovery Fund
- 31Kittiwake CIMP
- 32Kittiwake CIMP
- 33Kittiwake CIMP
- 34Kittiwake CIMP
- 35Kittiwake CIMP
- 36Kittiwake CIMP
- 37Kittiwake CIMP
- 38Kittiwake CIMP
- 39Kittiwake CIMP
- 40Kittiwake CIMP
- Part 4: RED THROATED DIVER COMPENSATION
- 41Paragraph 41
- 42Paragraph 42
- 43Marine Recovery Fund
- 44RTD CIMP
- 45RTD CIMP
- 46RTD CIMP
- 47RTD CIMP
- 48RTD CIMP
- 49RTD CIMP
- 50RTD CIMP
- 51RTD CIMP
- 52RTD CIMP
- 53RTD CIMP
- Explanatory note