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The Norfolk Vanguard Offshore Wind Farm Order 2020

S.I. 2020/706 · Made 1 July 2020 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 3 May 2023.

Infrastructure Planning

Made 1st July 2020

Coming into force 22nd July 2020

An application has been made to the Secretary of State for an order under section 37 of the Planning Act 2008 (“the 2008 Act”)(f1) for an order granting development consent.

The application was examined by the Examining Authority appointed by the Secretary of State pursuant to section 61f2 and 65f3 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 2010f4. The Examining Authority has submitted a report to the Secretary of State under section 74(2)f5 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 2009f6 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)(f7 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 comprised within the Order land, when burdened with the 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)f8 of the 2008 Act applies;

The Secretary of State in exercise of the powers conferred by sections 114, 115, 120f9, and 149A of the 2008 Act the Secretary of State makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

f2

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). 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.

f3

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.

f4

S.I. 2010/103, amended by S.I. 2012/635.

f5

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.

f6

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.

f7

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.

f8

Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013 (c. 27).

f9

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. 4Limits of deviation
  7. 5Power to construct and maintain authorised project
  8. 6Benefit of the Order
  9. 7Application and modification of legislative provisions
  10. 8Defence to proceedings in respect of statutory nuisance
  11. Part 3: Streets
  12. 9Street works
  13. 10Public rights of way
  14. 11Temporary stopping up of streets
  15. 12Access to works
  16. 13Agreements with street authorities
  17. 14Application of the 1991 Act
  18. Part 4: Supplemental Powers
  19. 15Discharge of water and works to watercourses
  20. 16Authority to survey and investigate the land onshore
  21. 17Removal of human remains
  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 1981Act
  28. 23Application of Part 1 of the Compulsory Purchase Act 1965
  29. 24Acquisition of subsoil or airspace only
  30. 25Rights under or over streets
  31. 26Temporary use of land for carrying out the authorised project
  32. 27Temporary use of land for maintaining authorised project
  33. 28Extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession
  34. 29Statutory undertakers
  35. 30Recovery of costs of new connections
  36. Part 6: Operations
  37. 31Operation of generating station
  38. 32Deemed marine licences under the 2009 Act
  39. Part 7: Miscellaneous and General
  40. 33Application of landlord and tenant law
  41. 34Operational land for purposes of the 1990 Act
  42. 35Felling or lopping of trees and removal of hedgerows
  43. 36Trees subject to tree preservation orders
  44. 37Certification of plans etc
  45. 38Arbitration
  46. 39Procedure in relation to certain approvals etc
  47. 40Abatement of works abandoned or decayed
  48. 41Saving provisions for Trinity House
  49. 42Crown rights
  50. 43Protective provisions
  51. Signature
  52. Schedule 1: Authorised Project
  53. 1Authorised Development
  54. 1Paragraph 1
  55. Part 2: Ancillary Works
  56. Part 3: Requirements
  57. 2Detailed offshore design parameters
  58. 3Detailed offshore design parameters
  59. 4Detailed offshore design parameters
  60. 5Detailed offshore design parameters
  61. 6Detailed offshore design parameters
  62. 7Detailed offshore design parameters
  63. 8Detailed offshore design parameters
  64. 9Detailed offshore design parameters
  65. 10Detailed offshore design parameters
  66. 11Detailed offshore design parameters
  67. 12Aviation safety
  68. 13Ministry of Defence surveillance operations
  69. 14Offshore decommissioning
  70. 15Stages of authorised development onshore
  71. 16Detailed design parameters onshore
  72. 17Landfall method statement
  73. 18Provision of landscaping
  74. 19Implementation and maintenance of landscaping
  75. 20Code of construction practice
  76. 21Traffic
  77. 22Highway accesses
  78. 23Archaeological written scheme of investigation
  79. 24Ecological management plan
  80. 25Watercourse crossings
  81. 26Construction hours
  82. 27Control of noise during operational phase and during maintenance
  83. 28European protected species onshore
  84. 29Onshore decommissioning
  85. 30Requirement for written approval
  86. 31Amendments to approved details
  87. 32Operational drainage plan
  88. 33Skills and employment strategy
  89. 34Cromer Primary Surveillance Radar
  90. Schedule 2Streets subject to Street Works
  91. Schedule 3Public Rights of Way to be temporarily stopped up
  92. Schedule 4Streets to be stopped up
  93. Schedule 5Access to Works
  94. Schedule 6Land in which only New Rights etc., may be acquired
  95. Schedule 7: Modification of compensation and compulsory purchase enactments for creation of new rights
  97. 1Paragraph 1
  98. 2Paragraph 2
  100. 3Paragraph 3
  101. 4Paragraph 4
  102. 5Paragraph 5
  103. 6Paragraph 6
  104. 7Paragraph 7
  105. 8Paragraph 8
  106. 9Paragraph 9
  107. Schedule 8Land of which temporary possession may be taken
  108. Schedule 9: Deemed Licence under the 2009 Act – Generation Assets (Licence 1 – Phase 1)
  109. Part 1: Interpretation
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. 3Paragraph 3
  113. 4Paragraph 4
  114. Part 2: Licensed Marine Activities – General
  115. 5Paragraph 5
  116. 6Paragraph 6
  117. Part 3: Details of Licensed Marine Activities
  118. Part 4: Conditions
  119. 7Design parameters
  120. 8Phasing of the authorised scheme
  121. 9Notifications and inspections
  122. 10Aids to navigation
  123. 11Colouring of structures
  124. 12Chemicals, drilling and debris
  125. 13Force majeure
  126. 14Pre-construction plans and documentation
  127. 15Pre-construction plans and documentation
  128. 16Post-construction plans and documents
  129. 17Reporting of engaged agents, contractors and vessels
  130. 18Pre-construction monitoring and surveys
  131. 19Construction monitoring
  132. 20Post construction
  133. 21Reporting of impact pile driving
  134. 22Reporting of cable protection
  135. 23Decommissioning of cable protection within marine protected areas
  136. Schedule 10: Deemed Licence under the 2009 Act – Generation Assets (Licence 2 – Phase 2)
  137. Part 1: Interpretation
  138. 1Paragraph 1
  139. 2Paragraph 2
  140. 3Paragraph 3
  141. 4Paragraph 4
  142. Part 2: Licensed Marine Activities – General
  143. 5Paragraph 5
  144. 6Paragraph 6
  145. Part 3: Details of Licensed Marine Activities
  146. Part 4: Conditions
  147. 7Design parameters
  148. 8Phasing of the authorised scheme
  149. 9Notifications and inspections
  150. 10Aids to navigation
  151. 11Colouring of structures
  152. 12Chemicals, drilling and debris
  153. 13Force majeure
  154. 14Pre-construction plans and documentation
  155. 15Pre-construction plans and documentation
  156. 16Post-construction plans and documents
  157. 17Reporting of engaged agents, contractors and vessels
  158. 18Pre-construction monitoring and surveys
  159. 19Construction monitoring
  160. 20Post construction
  161. 21Reporting of impact pile driving
  162. 22Reporting of cable protection
  163. 23Decommissioning of cable protection within marine protected areas
  164. Schedule 11: Deemed Licence under the 2009 Act – Transmission Assets (Licence 1 – Phase 1)
  165. Part 1: Interpretation
  166. 1Paragraph 1
  167. Part 2: Licensed Marine Activities – General
  168. 2Paragraph 2
  169. 3Paragraph 3
  170. 4Paragraph 4
  171. 5Paragraph 5
  172. 6Paragraph 6
  173. Part 3: Details of Licensed Marine Activities
  174. Part 4: Conditions
  175. 7Chemicals, drilling and debris
  176. 8Force majeure
  177. 9Pre-construction plans and documentation
  178. 10Pre-construction plans and documentation
  179. 11Post-construction plans and documents
  180. 12Reporting of engaged agents, contractors and vessels
  181. 13Pre-construction monitoring and surveys
  182. 14Construction monitoring
  183. 15Post construction
  184. 16Reporting of impact pile driving
  185. 17Reporting of cable protection
  186. 18Restriction on cable installation construction works
  187. 19Decommissioning of cable protection within marine protected areas
  188. Schedule 12: Deemed Licence under the 2009 Act – Transmission Assets (Licence 2 – Phase 2)
  189. Part 1: Interpretation
  190. 1Paragraph 1
  191. Part 2: Licensed Marine Activities – General
  192. 2Paragraph 2
  193. 3Paragraph 3
  194. 4Paragraph 4
  195. 5Paragraph 5
  196. 6Paragraph 6
  197. Part 3: Details of Licensed Marine Activities
  198. Part 4: Conditions
  199. 7Chemicals, drilling and debris
  200. 8Force majeure
  201. 9Pre-construction plans and documentation
  202. 10Pre-construction plans and documentation
  203. 11Post-construction plans and documents
  204. 12Reporting of engaged agents, contractors and vessels
  205. 13Pre-construction monitoring and surveys
  206. 14Construction monitoring
  207. 15Post construction
  208. 16Reporting of impact pile driving
  209. 17Reporting of cable protection
  210. 18Restriction on cable installation construction works
  211. 19Decommissioning of cable protection within marine protected areas
  212. Schedule 13: Hedgerows
  213. 1Removal of Potentially Important Hedgerows
  214. 2Removal of Important Hedgerows
  215. 3Removal of Hedgerows
  216. Schedule 14: ARBITRATION RULES
  217. 1Primary objective
  218. 2Time periods
  219. 3Timetable
  220. 4Procedure
  221. 5Arbitrator’s powers
  222. 6Costs
  223. 7Confidentiality
  224. Schedule 15: Procedure for discharge of Requirements
  225. 1Applications made under requirement
  226. 2Further information
  227. 3Appeals
  228. 4Interpretation of this Schedule
  229. Schedule 16: PROTECTIVE PROVISIONS
  230. Part 1: Protection for electricity, gas, water and sewerage undertakers
  231. 1Paragraph 1
  232. 2Paragraph 2
  233. 3Paragraph 3
  234. 4Paragraph 4
  235. 5Paragraph 5
  236. 6Paragraph 6
  237. 7Paragraph 7
  238. 8Paragraph 8
  239. 9Paragraph 9
  240. 10Paragraph 10
  241. 11Paragraph 11
  242. Part 2: For the Protection of National Grid as Electricity and Gas Undertaker
  243. 12Application
  244. 13Interpretation
  245. 14Interpretation
  246. 15Apparatus of Undertakers in stopped up streets
  247. 16Acquisition of land
  248. 17Removal of apparatus
  249. 18Facilities and rights for alternative apparatus
  250. 19Retained apparatus: protection Gas Undertakers
  251. 20Retained apparatus: protection Electricity Undertakers
  252. 21Expenses
  253. 22Compensation
  254. 23Enactments and agreements
  255. 24Co-operation
  256. 25Access
  257. 26Arbitration
  258. 27Notices
  259. Part 3: For the Protection of Cadent Gas Limited as Gas Undertaker
  260. 28Application
  261. 29Interpretation
  262. 30On Street Apparatus
  263. 31Apparatus of Undertakers in stopped up streets
  264. 32Acquisition of land
  265. 33Removal of apparatus
  266. 34Facilities and rights for alternative apparatus
  267. 35Retained apparatus: protection Gas Undertakers
  268. 36Expenses
  269. 37Compensation
  270. 38Enactments and agreements
  271. 39Co-operation
  272. 40Access
  273. 41Arbitration
  274. 42Notices
  275. Part 4: Protection for Operators of Electronic Communications Code Networks
  276. 43Paragraph 43
  277. 44Paragraph 44
  278. 45Paragraph 45
  279. 46Paragraph 46
  280. 47Paragraph 47
  281. Part 5: Protection of Network Rail Infrastructure Limited
  282. 48Paragraph 48
  283. 49Paragraph 49
  284. 50Paragraph 50
  285. 51Paragraph 51
  286. 52Paragraph 52
  287. 53Paragraph 53
  288. 54Paragraph 54
  289. 55Paragraph 55
  290. 56Paragraph 56
  291. 57Paragraph 57
  292. 58Paragraph 58
  293. 59Paragraph 59
  294. 60Paragraph 60
  295. 61Paragraph 61
  296. 62Paragraph 62
  297. 63Paragraph 63
  298. 64Paragraph 64
  299. 65Paragraph 65
  300. 66Paragraph 66
  301. 67Paragraph 67
  302. 68Paragraph 68
  303. 69Paragraph 69
  304. Part 6: For the Protection of Anglian Water Services Limited
  305. 70Paragraph 70
  306. Part 7: For the protection of the Environment Agency and drainage authorities
  307. 71Paragraph 71
  308. 72Paragraph 72
  309. 73Paragraph 73
  310. 74Paragraph 74
  311. 75Paragraph 75
  312. 76Paragraph 76
  313. 77Paragraph 77
  314. 78Paragraph 78
  315. 79Paragraph 79
  316. 80Paragraph 80
  317. 81Paragraph 81
  318. Part 8: For the protection of Ørsted Hornsea Project Three (UK) Ltd
  319. 82Paragraph 82
  320. 83Paragraph 83
  321. 84Paragraph 84
  322. 85Paragraph 85
  323. 86Paragraph 86
  324. 87Paragraph 87
  325. 88Paragraph 88
  326. 89Paragraph 89
  327. 90Paragraph 90
  328. 91Paragraph 91
  329. 92Paragraph 92
  330. 93Paragraph 93
  331. 94Paragraph 94
  332. 95Paragraph 95
  333. 96Paragraph 96
  334. 97Paragraph 97
  335. Explanatory note