The Hornsea Three Offshore Wind Farm Order 2020
S.I. 2020/1656 · Made 31 December 2020 · Extends to England and Wales
Infrastructure Planning
Made 31st December 2020
Coming into force 22nd January 2021
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”) M1 for an order granting development consent.
The application was examined by the Examining Authority appointed by the Secretary of State pursuant to section 61 M2 and section 65 M3 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 2010 M4. The Examining Authority has submitted a report to the Secretary of State under section 74(2) M5 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 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 M6 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) M7 F1... of the 2008 Act.
The Secretary of State, having decided the application, has determined to make an Order giving effect to the proposals comprised 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 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) M8 of the 2008 Act applies.
The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 M9 and 149A of the 2008 Act, makes the following Order—
Annotations to the whole text
Textual amendments
- F1
Preamble: bracket omitted (21.5.2021) by virtue of The Hornsea Three Offshore Wind Farm (Correction) Order 2021 (S.I. 2021/599), art. 1(2), Sch.
Marginal citations
- M1
2008 c.29. Section 37 was amended by section 128(2) and Schedule 13, Part 1, paragraphs 1 to 5 of the Localism Act 2011 (c.20).
- M2
Section 61 was amended by section 128(2) and Schedule 13, paragraph 18 to the Localism Act 2011 and by section 26 of the Infrastructure Act 2015 (c.7).
- M3
Section 65 was amended by Schedule 13 paragraph 22(2) and Schedule 25, paragraph 1 to the Localism Act 2011 and by section 27(1) of the Infrastructure Act 2015.
- M4
S.I. 2010/103. This instrument was amended by S.I. 2012/635.
- M5
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.
- M6
S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I. 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in regulation 37(2) of that instrument.
- M7
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.
- M8
Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013 (c. 27).
- M9
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. 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 the 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 stopping up of streets
- 11Temporary stopping up of public rights of way
- 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
- 19Time limit for exercise of authority to acquire land compulsorily
- 20Compulsory acquisition of rights
- 21Private Rights
- 22Application of the 1981 Act
- 23Acquisition of subsoil only
- 24Modification of Part 1 of the 1965 Act
- 25Rights under or over streets
- 26Temporary use of land for carrying out the authorised project
- 27Temporary use of land for maintaining the authorised project
- 28Statutory undertakers
- 29Recovery of costs of new connections
- Part 6: OPERATIONS
- 30Operation of generating station
- 31Deemed marine licences under the 2009 Act
- Part 7: MISCELLANEOUS AND GENERAL
- 32Application of landlord and tenant law
- 33Operational land for purposes of the 1990 Act
- 34Felling or lopping of trees and removal of hedgerows
- 35Trees subject to tree preservation orders
- 36Certification of plans and documents, etc.
- 37Arbitration
- 38Requirements, appeals, etc.
- 39Abatement of works abandoned or decayed
- 40Saving provisions for Trinity House
- 41Crown rights
- 42Protective provisions
- 43Funding
- 44Service of notices
- 45Compensation provisions
- Signature
- Schedule 1: AUTHORISED PROJECT
- Part 1: AUTHORISED DEVELOPMENT
- 1Paragraph 1
- In the county of Norfolk, districts of North Norfolk, Broadland and South Norfolk
- Paragraph
- 2Paragraph 2
- Part 2: ANCILLARY WORKS
- 1Paragraph 1
- Part 3: REQUIREMENTS
- 1Time limits
- 2Detailed offshore design parameters
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Phases of authorised development
- 7Detailed design approval onshore
- 8Provision of landscaping
- 9Implementation and maintenance of landscaping
- 10Ecological management plan
- 11Highway accesses
- 12Fencing and other means of enclosure
- 13Surface and foul water drainage
- 14Contaminated land and groundwater scheme
- 15Surface water
- 16Onshore Archaeology
- 17Code of construction practice
- 18Construction traffic management plan
- 19European protected species onshore
- 20Restoration of land used temporarily for construction
- 21Control of noise during operational phase
- 22Local skills and employment
- 23Onshore decommissioning
- 24Notification of generation of power
- 25Requirement for written approval
- 26Amendments to approved details
- Schedule 2STREETS SUBJECT TO STREET WORKS
- Schedule 3STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 4PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
- 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 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Application
- 2Paragraph 2
- 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
- 8Paragraph 8
- 9Expenses and costs
- 10Paragraph 10
- Part 2: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
- 1Application
- 2Interpretation
- 3Paragraph 3
- 4Apparatus of National Grid in streets subject to temporary stopping up
- 5Protective works to buildings
- 6Acquisition of land
- 7Removal of apparatus
- 8Facilities and rights for alternative apparatus
- 9Retained apparatus: protection of National Grid as Gas Undertaker
- 10Paragraph 10
- 11Expenses
- 12Indemnity
- 13Enactments and agreements
- 14Co-operation
- 15Access
- 16Arbitration
- 17Notices
- Part 3: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
- 1Application
- 2Interpretation
- 3Paragraph 3
- 4Apparatus of Cadent Gas Limited in streets subject to temporary stopping up
- 5Protective works to buildings
- 6Acquisition of land
- 7Removal of apparatus
- 8Facilities and rights for alternative apparatus
- 9Retained apparatus: protection of Cadent Gas Limited as Gas Undertaker
- 10Expenses
- 11Indemnity
- 12Enactments and agreements
- 13Co-operation
- 14Access
- 15Arbitration
- 16Notices
- Part 4: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 5: PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
- 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
- Part 6: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
- 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
- Part 7: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY AND DRAINAGE AUTHORITIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 8: FOR THE PROTECTION OF NORFOLK VANGUARD
- 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
- Part 9: FOR THE PROTECTION OF NORFOLK BOREAS
- 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
- Schedule 10
- 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
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: CONDITIONS
- 1Design parameters
- 2Paragraph 2
- 3Paragraph 3
- 4Phases of authorised development
- 5Maintenance of the authorised development
- 6Extension of time periods
- 7Notifications and inspections
- 8Aids to navigation
- 9Paragraph 9
- 10Aviation safety
- 11Chemicals, drilling and debris
- 12Force majeure
- 13Pre-construction plans and documentation
- 14Paragraph 14
- 15Offshore safety management
- 16Reporting of engaged agents, contractors and vessels
- 17Pre-construction monitoring and surveys
- 18Construction monitoring
- 19Post-construction monitoring
- 20Timing of monitoring report
- 21Updating of cable monitoring plan
- 22Reporting of impact pile driving
- 23Reporting of cable protection
- 24Decommissioning of cable protection within marine protected areas
- Schedule 12: DEEMED MARINE LICENCE UNDER THE 2009 ACT – TRANSMISSION ASSETS
- Part 1: LICENSED MARINE ACTIVITIES
- 1Paragraph 1
- 2Details of licensed marine activities
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 2: CONDITIONS
- 1Design parameters
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Phases of authorised development
- 6Maintenance of the authorised development
- 7Extension of time periods
- 8Notifications and inspections
- 9Aids to navigation
- 10Paragraph 10
- 11Aviation safety
- 12Chemicals, drilling and debris
- 13Force majeure
- 14Pre-construction plans and documentation
- 15Paragraph 15
- 16Offshore safety management
- 17Reporting of engaged agents, contractors and vessels
- 18Pre-construction monitoring and surveys
- 19Construction monitoring
- 20Post-construction monitoring
- 21Timing of monitoring report
- 22Reporting of impact pile driving
- 23Reporting of cable protection
- 24Decommissioning of cable protection within marine protected areas
- Schedule 13: ARBITRATION RULES
- 1Primary objective
- 2Time periods
- 3Timetable
- 4Procedure
- 5Arbitrator's powers
- 6Costs
- 7Confidentiality
- Schedule 14: COMPENSATION MEASURES
- Part 1: KITTIWAKE COMPENSATION MEASURES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part 2: BENTHIC COMPENSATION MEASURES
- 9Benthic compensation measures
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Explanatory note