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The Hornsea Three Offshore Wind Farm Order 2020

S.I. 2020/1656 · Made 31 December 2020 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 10 May 2024.

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

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Power to maintain the authorised project
  7. 5Benefit of the Order
  8. 6Application and modification of legislative provisions
  9. 7Defence to proceedings in respect of statutory nuisance
  10. Part 3: STREETS
  11. 8Street works
  12. 9Application of the 1991 Act
  13. 10Temporary stopping up of streets
  14. 11Temporary stopping up of public rights of way
  15. 12Access to works
  16. 13Agreements with street authorities
  17. 14Power to alter layout etc. of streets
  18. Part 4: SUPPLEMENTAL POWERS
  19. 15Discharge of water
  20. 16Protective work to buildings
  21. 17Authority to survey and investigate the land onshore
  22. Part 5: POWERS OF ACQUISITION
  23. 18Compulsory acquisition of land
  24. 19Time limit for exercise of authority to acquire land compulsorily
  25. 20Compulsory acquisition of rights
  26. 21Private Rights
  27. 22Application of the 1981 Act
  28. 23Acquisition of subsoil only
  29. 24Modification of Part 1 of the 1965 Act
  30. 25Rights under or over streets
  31. 26Temporary use of land for carrying out the authorised project
  32. 27Temporary use of land for maintaining the authorised project
  33. 28Statutory undertakers
  34. 29Recovery of costs of new connections
  35. Part 6: OPERATIONS
  36. 30Operation of generating station
  37. 31Deemed marine licences under the 2009 Act
  38. Part 7: MISCELLANEOUS AND GENERAL
  39. 32Application of landlord and tenant law
  40. 33Operational land for purposes of the 1990 Act
  41. 34Felling or lopping of trees and removal of hedgerows
  42. 35Trees subject to tree preservation orders
  43. 36Certification of plans and documents, etc.
  44. 37Arbitration
  45. 38Requirements, appeals, etc.
  46. 39Abatement of works abandoned or decayed
  47. 40Saving provisions for Trinity House
  48. 41Crown rights
  49. 42Protective provisions
  50. 43Funding
  51. 44Service of notices
  52. 45Compensation provisions
  53. Signature
  54. Schedule 1: AUTHORISED PROJECT
  55. Part 1: AUTHORISED DEVELOPMENT
  56. 1Paragraph 1
  57. In the county of Norfolk, districts of North Norfolk, Broadland and South Norfolk
  58. Paragraph
  59. 2Paragraph 2
  60. Part 2: ANCILLARY WORKS
  61. 1Paragraph 1
  62. Part 3: REQUIREMENTS
  63. 1Time limits
  64. 2Detailed offshore design parameters
  65. 3Paragraph 3
  66. 4Paragraph 4
  67. 5Paragraph 5
  68. 6Phases of authorised development
  69. 7Detailed design approval onshore
  70. 8Provision of landscaping
  71. 9Implementation and maintenance of landscaping
  72. 10Ecological management plan
  73. 11Highway accesses
  74. 12Fencing and other means of enclosure
  75. 13Surface and foul water drainage
  76. 14Contaminated land and groundwater scheme
  77. 15Surface water
  78. 16Onshore Archaeology
  79. 17Code of construction practice
  80. 18Construction traffic management plan
  81. 19European protected species onshore
  82. 20Restoration of land used temporarily for construction
  83. 21Control of noise during operational phase
  84. 22Local skills and employment
  85. 23Onshore decommissioning
  86. 24Notification of generation of power
  87. 25Requirement for written approval
  88. 26Amendments to approved details
  89. Schedule 2STREETS SUBJECT TO STREET WORKS
  90. Schedule 3STREETS TO BE TEMPORARILY STOPPED UP
  91. Schedule 4PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
  92. Schedule 5ACCESS TO WORKS
  93. Schedule 6LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  94. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Application of Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act
  99. 5Paragraph 5
  100. 6Paragraph 6
  101. 7Paragraph 7
  102. 8Paragraph 8
  103. 9Paragraph 9
  104. 10Paragraph 10
  105. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  106. Schedule 9: PROTECTIVE PROVISIONS
  107. Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  108. 1Application
  109. 2Paragraph 2
  110. 3Precedence of the 1991 Act in respect of apparatus in the streets
  111. 4No acquisition etc. except by agreement
  112. 5Removal of apparatus
  113. 6Facilities and rights for alternative apparatus
  114. 7Retained apparatus
  115. 8Paragraph 8
  116. 9Expenses and costs
  117. 10Paragraph 10
  118. Part 2: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
  119. 1Application
  120. 2Interpretation
  121. 3Paragraph 3
  122. 4Apparatus of National Grid in streets subject to temporary stopping up
  123. 5Protective works to buildings
  124. 6Acquisition of land
  125. 7Removal of apparatus
  126. 8Facilities and rights for alternative apparatus
  127. 9Retained apparatus: protection of National Grid as Gas Undertaker
  128. 10Paragraph 10
  129. 11Expenses
  130. 12Indemnity
  131. 13Enactments and agreements
  132. 14Co-operation
  133. 15Access
  134. 16Arbitration
  135. 17Notices
  136. Part 3: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
  137. 1Application
  138. 2Interpretation
  139. 3Paragraph 3
  140. 4Apparatus of Cadent Gas Limited in streets subject to temporary stopping up
  141. 5Protective works to buildings
  142. 6Acquisition of land
  143. 7Removal of apparatus
  144. 8Facilities and rights for alternative apparatus
  145. 9Retained apparatus: protection of Cadent Gas Limited as Gas Undertaker
  146. 10Expenses
  147. 11Indemnity
  148. 12Enactments and agreements
  149. 13Co-operation
  150. 14Access
  151. 15Arbitration
  152. 16Notices
  153. Part 4: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  154. 1Paragraph 1
  155. 2Paragraph 2
  156. 3Paragraph 3
  157. 4Paragraph 4
  158. 5Paragraph 5
  159. 6Paragraph 6
  160. Part 5: PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
  161. 1Paragraph 1
  162. 2Paragraph 2
  163. 3Paragraph 3
  164. 4Paragraph 4
  165. 5Paragraph 5
  166. 6Paragraph 6
  167. 7Paragraph 7
  168. 8Paragraph 8
  169. 9Paragraph 9
  170. 10Paragraph 10
  171. 11Paragraph 11
  172. 12Paragraph 12
  173. 13Paragraph 13
  174. 14Paragraph 14
  175. 15Paragraph 15
  176. 16Paragraph 16
  177. 17Paragraph 17
  178. 18Paragraph 18
  179. 19Paragraph 19
  180. 20Paragraph 20
  181. 21Paragraph 21
  182. Part 6: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
  183. 1Paragraph 1
  184. 2Paragraph 2
  185. 3Paragraph 3
  186. 4Paragraph 4
  187. 5Paragraph 5
  188. 6Paragraph 6
  189. 7Paragraph 7
  190. 8Paragraph 8
  191. 9Paragraph 9
  192. 10Paragraph 10
  193. 11Paragraph 11
  194. 12Paragraph 12
  195. 13Paragraph 13
  196. 14Paragraph 14
  197. 15Paragraph 15
  198. Part 7: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY AND DRAINAGE AUTHORITIES
  199. 1Paragraph 1
  200. 2Paragraph 2
  201. 3Paragraph 3
  202. 4Paragraph 4
  203. 5Paragraph 5
  204. 6Paragraph 6
  205. 7Paragraph 7
  206. 8Paragraph 8
  207. 9Paragraph 9
  208. 10Paragraph 10
  209. 11Paragraph 11
  210. Part 8: FOR THE PROTECTION OF NORFOLK VANGUARD
  211. 1Paragraph 1
  212. 2Paragraph 2
  213. 3Paragraph 3
  214. 4Paragraph 4
  215. 5Paragraph 5
  216. 6Paragraph 6
  217. 7Paragraph 7
  218. 8Paragraph 8
  219. 9Paragraph 9
  220. 10Paragraph 10
  221. 11Paragraph 11
  222. 12Paragraph 12
  223. 13Paragraph 13
  224. 14Paragraph 14
  225. 15Paragraph 15
  226. 16Paragraph 16
  227. Part 9: FOR THE PROTECTION OF NORFOLK BOREAS
  228. 1Paragraph 1
  229. 2Paragraph 2
  230. 3Paragraph 3
  231. 4Paragraph 4
  232. 5Paragraph 5
  233. 6Paragraph 6
  234. 7Paragraph 7
  235. 8Paragraph 8
  236. 9Paragraph 9
  237. 10Paragraph 10
  238. 11Paragraph 11
  239. 12Paragraph 12
  240. 13Paragraph 13
  241. 14Paragraph 14
  242. 15Paragraph 15
  243. 16Paragraph 16
  244. Schedule 10
  245. 1REMOVAL OF HEDGEROWS
  246. 2REMOVAL OF IMPORTANT HEDGEROWS
  247. Schedule 11: DEEMED MARINE LICENCE UNDER THE 2009 ACT—GENERATION ASSETS
  248. Part 1: LICENSED MARINE ACTIVITIES
  249. 1Paragraph 1
  250. 2Details of licensed marine activities
  251. 3Paragraph 3
  252. 4Paragraph 4
  253. 5Paragraph 5
  254. 6Paragraph 6
  255. 7Paragraph 7
  256. 8Paragraph 8
  257. 9Paragraph 9
  258. Part 2: CONDITIONS
  259. 1Design parameters
  260. 2Paragraph 2
  261. 3Paragraph 3
  262. 4Phases of authorised development
  263. 5Maintenance of the authorised development
  264. 6Extension of time periods
  265. 7Notifications and inspections
  266. 8Aids to navigation
  267. 9Paragraph 9
  268. 10Aviation safety
  269. 11Chemicals, drilling and debris
  270. 12Force majeure
  271. 13Pre-construction plans and documentation
  272. 14Paragraph 14
  273. 15Offshore safety management
  274. 16Reporting of engaged agents, contractors and vessels
  275. 17Pre-construction monitoring and surveys
  276. 18Construction monitoring
  277. 19Post-construction monitoring
  278. 20Timing of monitoring report
  279. 21Updating of cable monitoring plan
  280. 22Reporting of impact pile driving
  281. 23Reporting of cable protection
  282. 24Decommissioning of cable protection within marine protected areas
  283. Schedule 12: DEEMED MARINE LICENCE UNDER THE 2009 ACT – TRANSMISSION ASSETS
  284. Part 1: LICENSED MARINE ACTIVITIES
  285. 1Paragraph 1
  286. 2Details of licensed marine activities
  287. 3Paragraph 3
  288. 4Paragraph 4
  289. 5Paragraph 5
  290. 6Paragraph 6
  291. 7Paragraph 7
  292. 8Paragraph 8
  293. 9Paragraph 9
  294. Part 2: CONDITIONS
  295. 1Design parameters
  296. 2Paragraph 2
  297. 3Paragraph 3
  298. 4Paragraph 4
  299. 5Phases of authorised development
  300. 6Maintenance of the authorised development
  301. 7Extension of time periods
  302. 8Notifications and inspections
  303. 9Aids to navigation
  304. 10Paragraph 10
  305. 11Aviation safety
  306. 12Chemicals, drilling and debris
  307. 13Force majeure
  308. 14Pre-construction plans and documentation
  309. 15Paragraph 15
  310. 16Offshore safety management
  311. 17Reporting of engaged agents, contractors and vessels
  312. 18Pre-construction monitoring and surveys
  313. 19Construction monitoring
  314. 20Post-construction monitoring
  315. 21Timing of monitoring report
  316. 22Reporting of impact pile driving
  317. 23Reporting of cable protection
  318. 24Decommissioning of cable protection within marine protected areas
  319. Schedule 13: ARBITRATION RULES
  320. 1Primary objective
  321. 2Time periods
  322. 3Timetable
  323. 4Procedure
  324. 5Arbitrator's powers
  325. 6Costs
  326. 7Confidentiality
  327. Schedule 14: COMPENSATION MEASURES
  328. Part 1: KITTIWAKE COMPENSATION MEASURES
  329. 1Paragraph 1
  330. 2Paragraph 2
  331. 3Paragraph 3
  332. 4Paragraph 4
  333. 5Paragraph 5
  334. 6Paragraph 6
  335. 7Paragraph 7
  336. 8Paragraph 8
  337. Part 2: BENTHIC COMPENSATION MEASURES
  338. 9Benthic compensation measures
  339. 10Paragraph 10
  340. 11Paragraph 11
  341. 12Paragraph 12
  342. 13Paragraph 13
  343. 14Paragraph 14
  344. 15Paragraph 15
  345. 16Paragraph 16
  346. 17Paragraph 17
  347. 18Paragraph 18
  348. Explanatory note