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The Norfolk Vanguard Offshore Wind Farm Order 2020

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  1. Introductory Text

  2. PART 1 Preliminary

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 Principal Powers

    1. 3.Development consent etc. granted by the Order

    2. 4.Limits of deviation

    3. 5.Power to construct and maintain authorised project

    4. 6.Benefit of the Order

    5. 7.Application and modification of legislative provisions

    6. 8.Defence to proceedings in respect of statutory nuisance

  4. PART 3 Streets

    1. 9.Street works

    2. 10.Public rights of way

    3. 11.Temporary stopping up of streets

    4. 12.Access to works

    5. 13.Agreements with street authorities

    6. 14.Application of the 1991 Act

  5. PART 4 Supplemental Powers

    1. 15.Discharge of water and works to watercourses

    2. 16.Authority to survey and investigate the land onshore

    3. 17.Removal of human remains

  6. PART 5 Powers of Acquisition

    1. 18.Compulsory acquisition of land

    2. 19.Time limit for exercise of authority to acquire land compulsorily

    3. 20.Compulsory acquisition of rights

    4. 21.Private rights

    5. 22.Application of the 1981Act

    6. 23.Application of Part 1 of the Compulsory Purchase Act 1965

    7. 24.Acquisition of subsoil or airspace only

    8. 25.Rights under or over streets

    9. 26.Temporary use of land for carrying out the authorised project

    10. 27.Temporary use of land for maintaining authorised project

    11. 28.Extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession

    12. 29.Statutory undertakers

    13. 30.Recovery of costs of new connections

  7. PART 6 Operations

    1. 31.Operation of generating station

    2. 32.Deemed marine licences under the 2009 Act

  8. PART 7 Miscellaneous and General

    1. 33.Application of landlord and tenant law

    2. 34.Operational land for purposes of the 1990 Act

    3. 35.Felling or lopping of trees and removal of hedgerows

    4. 36.Trees subject to tree preservation orders

    5. 37.Certification of plans etc

    6. 38.Arbitration

    7. 39.Procedure in relation to certain approvals etc

    8. 40.Abatement of works abandoned or decayed

    9. 41.Saving provisions for Trinity House

    10. 42.Crown rights

    11. 43.Protective provisions

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      Authorised Project

      1. PART 1 Authorised Development

        1. 1.A nationally significant infrastructure project as defined in sections 14...

        2. Offshore

        3. Work No. 2 – up to two offshore electrical platforms...

        4. Work No. 3 – a network of subsea cables and...

        5. Work No. 4A – up to four subsea export cables...

        6. Intertidal area

        7. In the county of Norfolk, district of North Norfolk

        8. Work No. 5 – onshore transmission works consisting of up...

        9. In the county of Norfolk, district of Broadland

        10. In the county of Norfolk, district of Breckland

        11. Work No. 8A – onshore project substation to the east...

        12. Work No.8B – surface water management, bunding, embankments, boundary treatments...

        13. Work No. 9 – works consisting of the connection of...

        14. Work No. 10A – an extension to the existing National...

        15. Work No. 10B – additional surface water management for the...

        16. Work No. 10C – bunding, embankments, boundary treatments and landscaping...

        17. Work No. 11 –the removal of one existing pylon and...

        18. Work No. 11A – the overhead line modification;

        19. Work No. 12 – permanent accesses connecting the A47 to...

      2. PART 2 Ancillary Works

        1. 1.Works within the Order limits which have been subject to...

      3. PART 3 Requirements

        1. 1.Time limits

        2. 2.Detailed offshore design parameters

        3. 3.(1) The total number of wind turbine generators forming part...

        4. 4.(1) The dimensions of any offshore electrical platforms forming part...

        5. 5.The total length of the cables and the volume and...

        6. 6.(1) In relation to a wind turbine generator, each foundation...

        7. 7.(1) In relation to a meteorological mast, each foundation using...

        8. 8.(1) In relation to an offshore electrical platform, each foundation...

        9. 9.(1) In relation to any accommodation platform, each foundation using...

        10. 10.(1) In relation to any LIDAR measurement buoys, each foundation...

        11. 11.The total amount of scour protection for the wind turbine...

        12. 12.Aviation safety

        13. 13.Ministry of Defence surveillance operations

        14. 14.Offshore decommissioning

        15. 15.Stages of authorised development onshore

        16. 16.Detailed design parameters onshore

        17. 17.Landfall method statement

        18. 18.Provision of landscaping

        19. 19.Implementation and maintenance of landscaping

        20. 20.Code of construction practice

        21. 21.Traffic

        22. 22.Highway accesses

        23. 23.Archaeological written scheme of investigation

        24. 24.Ecological management plan

        25. 25.Watercourse crossings

        26. 26.Construction hours

        27. 27.Control of noise during operational phase and during maintenance

        28. 28.European protected species onshore

        29. 29.Onshore decommissioning

        30. 30.Requirement for written approval

        31. 31.Amendments to approved details

        32. 32.Operational drainage plan

        33. 33.Skills and employment strategy

        34. 34.Cromer Primary Surveillance Radar

    2. SCHEDULE 2

      Streets subject to Street Works

    3. SCHEDULE 3

      Public Rights of Way to be temporarily stopped up

    4. SCHEDULE 4

      Streets to be stopped up

    5. SCHEDULE 5

      Access to Works

    6. SCHEDULE 6

      Land in which only New Rights etc., may be acquired

    7. SCHEDULE 7

      Modification of compensation and compulsory purchase enactments for creation of new rights

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without prejudice to the generality of paragraph 1, the...

      2. Application of the 1965 Act

        1. 3.(1) The 1965 Act has effect with the modifications necessary...

        2. 4.For section 7 of the 1965 Act (measure of compensation)...

        3. 5.Section 8(1) of the Compulsory Purchase Act 1965 has effect...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 of the 1965 Act (powers of entry) is...

        6. 8.Section 20 of the 1965 Act (protection for interests of...

        7. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    8. SCHEDULE 8

      Land of which temporary possession may be taken

    9. SCHEDULE 9

      Deemed Licence under the 2009 Act – Generation Assets (Licence 1 – Phase 1)

      1. PART 1 Interpretation

        1. 1.In this licence— “the 2004 Act” means the Energy Act...

        2. 2.A reference to any statute, order, regulation or similar instrument...

        3. 3.Unless otherwise indicated— (a) all times are taken to be...

        4. 4.Except where otherwise notified in writing by the relevant organisation,...

      2. PART 2 Licensed Marine Activities – General

        1. 1.This licence remains in force until the authorised scheme has...

        2. 2.The provisions of section 72 (variation, suspension, revocation and transfer)...

        3. 3.With respect to any condition which requires the licensed activities...

        4. 4.Any amendments to or variations from the approved plans, protocols...

        5. 5.The substances or articles authorised for deposit at sea are—...

        6. 6.The grid coordinates for the authorised scheme are specified below—...

      3. PART 3 Details of Licensed Marine Activities

        1. 1.Subject to the licence conditions at Part 4, this licence...

        2. 2.(1) Such activities are authorised in relation to the construction,...

      4. PART 4 Conditions

        1. 1.Design parameters

        2. 2.(1) The dimensions of any accommodation platform forming part of...

        3. 3.The total length of the cables and the area and...

        4. 4.(1) In relation to a wind turbine generator, each foundation...

        5. 5.(1) In relation to a meteorological mast, each foundation using...

        6. 6.(1) In relation to an accommodation platform, each foundation using...

        7. 7.(1) In relation to any LIDAR measurement buoys, each foundation...

        8. 8.Phasing of the authorised scheme

        9. 9.Notifications and inspections

        10. 10.Aids to navigation

        11. 11.Colouring of structures

        12. 12.Chemicals, drilling and debris

        13. 13.Force majeure

        14. 14.Pre-construction plans and documentation

        15. 15.(1) Any archaeological reports produced in accordance with condition 14(h)(iii)...

        16. 16.Post-construction plans and documents

        17. 17.Reporting of engaged agents, contractors and vessels

        18. 18.Pre-construction monitoring and surveys

        19. 19.Construction monitoring

        20. 20.Post construction

        21. 21.Reporting of impact pile driving

        22. 22.Reporting of cable protection

        23. 23.Decommissioning of cable protection within marine protected areas

    10. SCHEDULE 10

      Deemed Licence under the 2009 Act – Generation Assets (Licence 2 – Phase 2)

      1. PART 1 Interpretation

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

        2. 2.A reference to any statute, order, regulation or similar instrument...

        3. 3.Unless otherwise indicated— (a) all times are taken to be...

        4. 4.Except where otherwise notified in writing by the relevant organisation,...

      2. PART 2 Licensed Marine Activities – General

        1. 1.This licence remains in force until the authorised scheme has...

        2. 2.The provisions of section 72 (variation, suspension, revocation and transfer)...

        3. 3.With respect to any condition which requires the licensed activities...

        4. 4.Any amendments to or variations from the approved plans, protocols...

        5. 5.The substances or articles authorised for deposit at sea are—...

        6. 6.The grid coordinates for the authorised scheme are specified below—...

      3. PART 3 Details of Licensed Marine Activities

        1. 1.Subject to the licence conditions at Part 4, this licence...

        2. 2.(1) Such activities are authorised in relation to the construction,...

      4. PART 4 Conditions

        1. 1.Design parameters

        2. 2.(1) The dimensions of any accommodation platform forming part of...

        3. 3.The total length of the cables and the area and...

        4. 4.(1) In relation to a wind turbine generator, each foundation...

        5. 5.(1) In relation to a meteorological mast, each foundation using...

        6. 6.(1) In relation to an accommodation platform, each foundation using...

        7. 7.(1) In relation to any LIDAR measurement buoys, each foundation...

        8. 8.Phasing of the authorised scheme

        9. 9.Notifications and inspections

        10. 10.Aids to navigation

        11. 11.Colouring of structures

        12. 12.Chemicals, drilling and debris

        13. 13.Force majeure

        14. 14.Pre-construction plans and documentation

        15. 15.(1) Any archaeological reports produced in accordance with condition 14(h)(iii)...

        16. 16.Post-construction plans and documents

        17. 17.Reporting of engaged agents, contractors and vessels

        18. 18.Pre-construction monitoring and surveys

        19. 19.Construction monitoring

        20. 20.Post construction

        21. 21.Reporting of impact pile driving

        22. 22.Reporting of cable protection

        23. 23.Decommissioning of cable protection within marine protected areas

    11. SCHEDULE 11

      Deemed Licence under the 2009 Act – Transmission Assets (Licence 1 – Phase 1)

      1. PART 1 Interpretation

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

      2. PART 2 Licensed Marine Activities – General

        1. 1.This licence remains in force until the authorised scheme has...

        2. 2.The provisions of section 72 (variation, suspension, revocation and transfer)...

        3. 3.With respect to any condition which requires the licensed activities...

        4. 4.Any amendments to or variations from the approved plans, protocols...

        5. 5.The substances or articles authorised for deposit at sea are—...

        6. 6.The grid coordinates for the authorised scheme are specified below—...

      3. PART 3 Details of Licensed Marine Activities

        1. 1.Subject to the licence conditions at Part 4, this licence...

        2. 2.(1) Such activities are authorised in relation to the construction,...

      4. PART 4 Conditions

        1. 1.Design parameters

        2. 2.In relation to the offshore electrical platform(s), the foundations must...

        3. 3.Phasing of the authorised scheme

        4. 4.Notifications and inspections

        5. 5.Aids to navigation

        6. 6.Colouring of structures

        7. 7.Chemicals, drilling and debris

        8. 8.Force majeure

        9. 9.Pre-construction plans and documentation

        10. 10.(1) Any archaeological reports produced in accordance with condition 9(1)(h)(iii)...

        11. 11.Post-construction plans and documents

        12. 12.Reporting of engaged agents, contractors and vessels

        13. 13.Pre-construction monitoring and surveys

        14. 14.Construction monitoring

        15. 15.Post construction

        16. 16.Reporting of impact pile driving

        17. 17.Reporting of cable protection

        18. 18.Restriction on cable installation construction works

        19. 19.Decommissioning of cable protection within marine protected areas

    12. SCHEDULE 12

      Deemed Licence under the 2009 Act – Transmission Assets (Licence 2 – Phase 2)

      1. PART 1 Interpretation

        1. 1.(1) In this licence— “the 2004 Act” means the Energy...

      2. PART 2 Licensed Marine Activities – General

        1. 1.This licence remains in force until the authorised scheme has...

        2. 2.The provisions of section 72 (variation, suspension, revocation and transfer)...

        3. 3.With respect to any condition which requires the licensed activities...

        4. 4.Any amendments to or variations from the approved plans, protocols...

        5. 5.The substances or articles authorised for deposit at sea are—...

        6. 6.The grid coordinates for the authorised scheme are specified below—...

      3. PART 3 Details of Licensed Marine Activities

        1. 1.Subject to the licence conditions at Part 4, this licence...

        2. 2.(1) Such activities are authorised in relation to the construction,...

      4. PART 4 Conditions

        1. 1.Design parameters

        2. 2.The total length of the cables and the area and...

        3. 3.Phasing of the authorised scheme

        4. 4.Notifications and inspections

        5. 5.Aids to navigation

        6. 6.Colouring of structures

        7. 7.Chemicals, drilling and debris

        8. 8.Force majeure

        9. 9.Pre-construction plans and documentation

        10. 10.(1) Any archaeological reports produced in accordance with condition 9(1)(h)(iii)...

        11. 11.Post-construction plans and documents

        12. 12.Reporting of engaged agents, contractors and vessels

        13. 13.Pre-construction monitoring and surveys

        14. 14.Construction monitoring

        15. 15.Post construction

        16. 16.Reporting of impact pile driving

        17. 17.Reporting of cable protection

        18. 18.Restriction on cable installation construction works

        19. 19.Decommissioning of cable protection within marine protected areas

    13. SCHEDULE 13

      Hedgerows

      1. PART 1 Removal of Potentially Important Hedgerows

      2. PART 2 Removal of Important Hedgerows

      3. PART 3 Removal of Hedgerows

    14. SCHEDULE 14

      ARBITRATION RULES

      1. 1.Primary objective

      2. 2.Time periods

      3. 3.Timetable

      4. 4.Procedure

      5. 5.Arbitrator’s powers

      6. 6.Costs

      7. 7.Confidentiality

    15. SCHEDULE 15

      Procedure for discharge of Requirements

      1. 1.Applications made under requirement

      2. 2.Further information

      3. 3.Appeals

      4. 4.Interpretation of this Schedule

    16. SCHEDULE 16

      PROTECTIVE PROVISIONS

      1. PART 1 Protection for electricity, gas, water and sewerage undertakers

        1. 1.For the protection of the undertakers referred to in this...

        2. 2.In this Part— “affected undertaker” means any licence holder within...

        3. 3.This Part does not apply to apparatus in respect of...

        4. 4.Regardless of any provision in this Order or anything shown...

        5. 5.(1) If, in the exercise of the powers conferred by...

        6. 6.(1) Where, in accordance with the provisions of this Part,...

        7. 7.(1) Not less than 28 days before starting the execution...

        8. 8.(1) Subject to the following provisions of this paragraph, the...

        9. 9.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 10.Any difference or dispute arising between the undertaker and the...

        11. 11.Nothing in this Part shall affect the provisions of any...

      2. PART 2 For the Protection of National Grid as Electricity and Gas Undertaker

        1. 12.Application

        2. 13.Interpretation

        3. 14.(1) Except for paragraphs 15 (apparatus in stopped up streets),...

        4. 15.Apparatus of Undertakers in stopped up streets

        5. 16.Acquisition of land

        6. 17.Removal of apparatus

        7. 18.Facilities and rights for alternative apparatus

        8. 19.Retained apparatus: protection Gas Undertakers

        9. 20.Retained apparatus: protection Electricity Undertakers

        10. 21.Expenses

        11. 22.Compensation

        12. 23.Enactments and agreements

        13. 24.Co-operation

        14. 25.Access

        15. 26.Arbitration

        16. 27.Notices

      3. PART 3 For the Protection of Cadent Gas Limited as Gas Undertaker

        1. 28.Application

        2. 29.Interpretation

        3. 30.On Street Apparatus

        4. 31.Apparatus of Undertakers in stopped up streets

        5. 32.Acquisition of land

        6. 33.Removal of apparatus

        7. 34.Facilities and rights for alternative apparatus

        8. 35.Retained apparatus: protection Gas Undertakers

        9. 36.Expenses

        10. 37.Compensation

        11. 38.Enactments and agreements

        12. 39.Co-operation

        13. 40.Access

        14. 41.Arbitration

        15. 42.Notices

      4. PART 4 Protection for Operators of Electronic Communications Code Networks

        1. 43.(1) For the protection of any operator, the following provisions...

        2. 44.The exercise of the powers of article 29 (statutory undertakers)...

        3. 45.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 46.This Part does not apply to— (a) any apparatus in...

        5. 47.Nothing in this Part shall affect the provisions of any...

      5. PART 5 Protection of Network Rail Infrastructure Limited

        1. 48.The following provisions of this Schedule have effect, unless otherwise...

        2. 49.In this Part— “construction” includes execution, placing, alteration and reconstruction...

        3. 50.(1) Where under this Part Network Rail is required to...

        4. 51.(1) The undertaker must not exercise the powers conferred by—...

        5. 52.(1) The undertaker must before commencing construction of any specified...

        6. 53.(1) Any specified work and any protective works to be...

        7. 54.The undertaker must— (a) at all times afford reasonable facilities...

        8. 55.Network Rail must at all times afford reasonable facilities to...

        9. 56.(1) If any permanent or temporary alterations or additions to...

        10. 57.The undertaker must repay to Network Rail all reasonable fees,...

        11. 58.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 59.If at any time after the completion of a specified...

        13. 60.The undertaker must not provide any illumination or illuminated sign...

        14. 61.Any additional expenses which Network Rail may reasonably incur in...

        15. 62.(1) The undertaker must pay to Network Rail all reasonable...

        16. 63.Network Rail must, on receipt of a request from the...

        17. 64.In the assessment of any sums payable to Network Rail...

        18. 65.The undertaker and Network Rail may, subject in the case...

        19. 66.Nothing in this Order, or in any enactment incorporated with...

        20. 67.The undertaker must give written notice to Network Rail if...

        21. 68.The undertaker must no later than 28 days from the...

        22. 69.In relation to any dispute arising under this Part that...

      6. PART 6 For the Protection of Anglian Water Services Limited

        1. 70.(1) For the protection of Anglian Water, the following provisions...

      7. PART 7 For the protection of the Environment Agency and drainage authorities

        1. 71.The provisions of this Part have effect for the protection...

        2. 72.In this Part— “construction” includes execution, placing, altering, replacing, relaying...

        3. 73.(1) Before beginning to construct any specified work, the undertaker...

        4. 74.Without limiting paragraph 71, the requirements which the drainage authority...

        5. 75.(1) Subject to sub–paragraph (2), any specified work, and all...

        6. 76.(1) Subject to sub–paragraph (5) the undertaker must from the...

        7. 77.If by reason of the construction of any specified work...

        8. 78.The undertaker must compensate the drainage authority in respect of...

        9. 79.(1) Without limiting the other provisions of this Part, the...

        10. 80.The fact that any work or thing has been executed...

        11. 81.Any dispute between the undertaker and the drainage authority under...

      8. PART 8 For the protection of Ørsted Hornsea Project Three (UK) Ltd

        1. 82.The provisions of this Part apply for the protection of...

        2. 83.In this Part— “apparatus” means the cables, structures or other...

        3. 84.The consent of Orsted under this Part is not required...

        4. 85.Where conditions are included in any consent granted by Orsted...

        5. 86.The undertaker must not under the powers of this Order—...

        6. 87.(1) The undertaker must not under the powers of this...

        7. 88.(1) The undertaker must give to Orsted not less than...

        8. 89.The undertaker must at all reasonable times during construction of...

        9. 90.(1) After the purpose of any temporary works has been...

        10. 91.If in consequence of the exercise of the powers conferred...

        11. 92.The undertaker must not exercise the powers conferred by this...

        12. 93.To ensure its compliance with this Part, the undertaker must...

        13. 94.The undertaker and Orsted must each act in good faith...

        14. 95.The undertaker must pay to Orsted the reasonable expenses incurred...

        15. 96.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        16. 97.Any dispute arising between the undertaker and Orsted under this...

  11. Explanatory Note

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