2025 No. 468
Infrastructure Planning
The Rampion 2 Offshore Wind Farm Order 2025
Made
4th April 2025
Coming into force
28th April 2025
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”) and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009for an order granting development consent.
The application was examined by the Examining Authority appointed by the Secretary of State pursuant to section 61 and section 65 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. The Examining Authority has submitted a report to the Secretary of State under section 74(2) 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 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 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) 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.
In accordance with section 132(3) of the 2008 Act, the Secretary of State is satisfied having considered the report of the Examining Authority, that the parcels of common and open space land comprised within the Order land as identified in the book of reference, when burdened with a new right or the imposition of a restrictive covenant created under this Order, will be no less advantageous than they were before the making of this Order, to the following persons: (a) the persons in whom they are vested, (b) other persons, if any, entitled to rights of common or other rights, and (c) the public.
The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120, 122, 123, 140 and 149A of the 2008 Act, makes the following Order—
(1) In this Order—
“the 1961 Act” means the Land Compensation Act 1961;
“the 1965 Act” means the Compulsory Purchase Act 1965;
“the 1980 Act” means the Highways Act 1980;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981;
“the 1984 Act” means the Road Traffic Regulation Act 1984;
“the 1989 Act” means the Electricity Act 1989;
“the 1990 Act” means the Town and Country Planning Act 1990;
“the 1991 Act” means the New Roads and Street Works Act 1991;
“the 2003 Act” means the Communications Act 2003;
“the 2004 Act” means the Energy Act 2004;
“the 2008 Act” means the Planning Act 2008;
“the 2009 Act” means the Marine and Coastal Access Act 2009;
“2017 Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017;
“access land” has the same meaning as in Part 1 of the Countryside and Rights of Way Act2000;
“access rights of way and streets plan” means the plan or plans certified as the access rights of way and streets plan or plans by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order and which are not development within the meaning of section 32 of the 2008 Act;
“array area” means that part of the offshore Order limits in which Work Nos. 1, 2 and 3 may be undertaken as described in Tables 2 and 3 of Part 1 of Schedule 1 (authorised development);
“array periphery” means the outermost edge of the infrastructure to be constructed as Work No. 1 as described in Part 1 of Schedule 1 and identified in the design plan to be approved pursuant to the deemed marine licences;
“authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order which is development within the meaning of section 32 of the 2008 Act;
“authorised project” means the authorised development and the ancillary works authorised by this Order;
“bank holiday” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971;
“book of reference” means the document certified as the book of reference by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);
“building” includes any structure or erection or any part of a building, structure or erection;
“buoy” means any floating device used for navigational purposes or measurement purposes including LiDAR buoys, wave buoys and guard buoys;
“cable circuits” means a number of electrical conductors necessary to transmit electricity between two points within the authorised project comprising three conductors which may be bundled as one transmission cable or take the form of three separate transmission cables, and the circuit may include one or more auxiliary cables (normally fibre optic cables) for purposes including control, monitoring, protection or general communications to comprise direct lay cable circuits and/or cable circuits pulled through cable ducts or under protective covers;
“cable crossings” means a crossing of existing sub-sea cables or pipelines or other existing infrastructure by a transmission cable or, where transmission cables run together in parallel, a set of transmission cables, authorised by this Order together with physical protection measures including rock placement or other protection measures;
“cable ducts” means conduits for the installation of cable circuits;
“cable protection” means measures for the protection of cable circuits from physical damage and exposure including but not limited to concrete mattresses and/or rock placement, bagged solutions filled with stone, rock or gravel, grout, concrete or other materials and protective shells or sheathes;
“carriageway” has the same meaning as in section 329 of the 1980 Act;
“commence” means—
in relation to works seaward of MHWS, the first carrying out of any licensed marine activities authorised by the deemed marine licences, save for operations consisting of pre-construction surveys and monitoring approved under the deemed marine licences; and
in respect of any other works comprised in the authorised project, the first carrying out of any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised project,
and the words “commencement” and “commenced” must be construed accordingly;
“commercial operation” means in relation to any part of the authorised project, the exporting transmission or conversion on a commercial basis, of electricity;
“connection works” means Work Nos. 6, 7, 8, 9, 16, 19 and 20, and any related further associated development in connection with those works within the onshore Order limits;
“construction compound” means a temporary construction area associated with the connection works including (but not limited to) hard standings, lay down and storage areas for construction plant, materials and equipment, parking areas, offices, welfare facilities, and temporary means of enclosure for construction of the authorised project;
“deemed marine licences” means the marine licences set out in Schedule 11 (deemed marine licence under the 2009 Act – generation assets) and Schedule 12 (deemed marine licence under the 2009 Act – transmission assets);
“design and access statement” means the document certified as the design and access statement by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“draft piling marine mammal mitigation protocol” means the document certified as the draft piling marine mammal mitigation protocol by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“draft UXO marine mammal mitigation protocol” means the document certified as the draft UXO marine mammal mitigation protocol by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“electrical infrastructure installation” means equipment installed for the transmission of electricity at the onshore substation or the extension to the National Grid substation at Bolney which is not contained within a building;
“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“flow energy dissipation devices” means solutions that dissipate flow energy and entrap sediment, and including options such as frond mats, mats of large, linked hoops, and structures covered with long spikes;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“horizontal directional drilling” refers to a boring technique involving drilling in an arc between two points;
“Horsham District mitigation and enhancement principles document” means the document certified as the Horsham District mitigation and enhancement principles document by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“in-principle sensitive features mitigation plan” means the document certified as the in principle sensitive features mitigation plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“intrusive activities” means offshore activities including anchoring of vessels, jacking up of vessels, depositing soil and seabed clearance and temporary wet storage areas;
“joint bay” means an excavation structure or working area comprising part of the connection works beneath the ground to facilitate the jointing together of the cable circuits and any auxiliary cables;
“land plans onshore” means the plan or plans certified as the land plan or plans onshore by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“landfall” means the location at which the offshore cable circuits come ashore and are connected to the onshore connection works comprising Work Nos. 6 and 7 as described in Part 1 of Schedule 1;
“LAT” means lowest astronomical tide;
“lead local flood authority” has the meaning in section 6(7) (other definitions) of the Flood and Water Management Act 2010;
“link box” means the underground metal box placed within a plastic or concrete pit where the metal sheaths between adjacent cable circuit sections are connected and earthed installed within a ground level manhole or inspection chamber to allow access to the link box for regular maintenance or fault-finding purposes;
“maintain” includes inspect and survey, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace, to the extent assessed in the environmental statement; and any derivative of “maintain” must be construed accordingly;
“mean high water springs” or “MHWS” means the highest level which spring tides reach on average over a period of time;
“mean low water springs” or “MLWS” means the lowest level which spring tides reach on average over a period of time;
“MMO” means the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH, or its successor in function;
“monopile foundation” means a steel pile, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;
“multileg foundation” means a steel structure having multiple legs, which is fixed to the seabed and may include scour protection and additional equipment such as, J-tubes, corrosion protection systems and access platforms;
“National Highways” means National Highways Limited (company number 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ or any such successor or replacement body that may from time to time be primarily responsible for the functions, duties and responsibilities currently exercised by that statutory body;
“National Park enhancement and furtherance principles document” means the document certified as the National Park enhancement and furtherance principles document by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc) ;
“National Trail” means the public right of way known as the South Downs Way and within the Order land comprises part of restricted byway 2092 and restricted byway 2693;
“Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
“non-intrusive works” means works within the onshore Order limits which do not require the breaking of the surface of the land;
“offshore in-principle monitoring plan” means the document certified as the offshore in-principle offshore monitoring plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“offshore substation” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks which may include a helicopter platform, and containing—
electrical equipment required to switch, transform, convert electricity generated at the wind turbine generators to a higher voltage; and
accommodation, storage, workshop auxiliary equipment, and facilities for operating, maintaining and controlling the substation or wind turbine generators;
“offshore Order limits” means those parts of the Order limits identified on the offshore Order limits and grid co-ordinates plan;
“offshore Order limits and grid co-ordinates plan” means the plan showing the offshore Order limits and grid co-ordinates certified as the offshore Order limits and grid co-ordinates plan by the Secretary of State for the purpose of this Order under article 49 (certification of plans and documents etc);
“offshore works” means Work Nos. 1 to 6 and any related further associated development in connection with those works seawards of MHWS;
“offshore works plan” means the plan or plans showing the offshore works which are certified as the offshore works plan or plans by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);
“onshore Order limits” means that part of the Order limits within which the onshore works may be carried out;
“onshore substation” means the compound comprising the transformer substation, containing electrical equipment required to switch, transform and convert electricity voltage and provide reactive power compensation, with external drainage infrastructure landscaping and means of access comprising Work No. 16;
“onshore site preparation works” means operations consisting of site clearance, demolition, pre-planting of landscaping works, archaeological investigations, environmental surveys, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, creation of site accesses, the temporary display of site notices or advertisements, and temporary hardstanding or the erection of welfare facilities associated with such works;
“onshore works” means Work Nos. 7 to 20 and any related associated development in connection with those works;
“onshore works plan” means the plan or plans showing the onshore works which are certified as the onshore works plan or plans by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc);
“open access land plan” means the document certified as the open access land plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“Order land” means the land shown on the land plans onshore which is within the limits of land to be acquired or used and described in the book of reference;
“the Order limits” means the limits shown on the onshore works plans and offshore works plans within which the authorised project may be carried out, whose grid coordinates seaward of MHWS are set out in Part 1 of Schedule 1 to this Order;
“outline air quality management plan” means the document certified as the outline air quality management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline cable burial risk assessment” means the document certified as the outline cable burial risk assessment by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline cable specification and installation plan” means the document certified as the outline cable specification and installation plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline code of construction practice” means the document certified as the outline code of construction practice by the Secretary of State for the purposes of this Order under article 49;
“outline construction communication plan” means the document certified as the outline construction communication plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline construction method statement” means the document certified as the outline construction method statement by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline construction traffic management plan” means the document certified as the outline construction traffic management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline diver communications plan” means the document certified as the outline diver communications plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline landscape and ecology management plan” means the document certified as the outline landscape and ecological management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline marine written scheme of investigation” means the document certified as the outline marine written scheme of investigation by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline noise and vibration management plan” means the document certified as the outline noise and vibration management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline onshore construction workforce travel plan” means the document certified as the outline onshore construction workforce travel plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline onshore written scheme of investigation” means the document certified as the outline onshore written scheme of investigation by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline operational drainage plan” means the document certified as the outline operational drainage plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline operational travel plan” means the document certified as the outline operational travel plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline project environmental management plan” means the document certified as the outline project environmental management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline public rights of way management plan” means the plan or plans certified as the outline public rights of way management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline scour protection and cable protection plan” means the plan or plans certified as the outline scour protection and cable protection plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline site waste management plan” means the document certified as the outline site waste management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline skills and employment strategy” means the document certified as the outline skills and employment strategy by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline soils management plan” means the document certified as the outline soils management plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“outline vegetation retention and removal plan” means the document certified as the outline vegetation retention and removal plan by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981;
“pin piles” means cylindrical metal piles driven and/or drilled into the seabed to secure multileg foundations;
“public rights of way and landscape enhancement principles document” means the document certified as the public rights of way and landscape enhancement principles document by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“relevant planning authority” means in relation to any given provision of this Order (including the requirements) the local planning authority for the land in question:
for the area of land comprising a stage to which the provision relates is situated; and
with the relevant legislative competence under the 1990 Act for the matter to which the provision relates;
“relevant traffic authority” means in any provision of this Order the traffic authority for any area of land to which that provision relates;
“requirements” means, or a reference to a numbered requirement is to, those matters set out in Part 3 of Schedule 1 (requirements) to this Order;
“scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed using methods including rock or gravel placement, concrete mattresses, flow energy dissipation devices, or bagged solutions;
“special category land plans” means the plan or plans certified as the special category land plan or plans by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“stage” means a part of the onshore works within the onshore Order limits identified in the written scheme approved under requirement 10;
“statutory nature conservation body” means the appropriate nature conservation body as defined in regulation 5 of the Conservation of Habitats and Species Regulations 2017;
“statutory undertaker” means any person falling within section 127(8) of the 2008 Act or a public communications provider as defined in section 151 of the 2003 Act;
“strategic road network” means any part of the highway network including trunk roads, special roads or streets for which National Highways is the highway authority;
“street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any part of a footpath and any part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“suction bucket” means a steel cylindrical structure attached to the legs of a multileg foundation which partially or fully penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential;
“traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act;
“transition joint bay” an excavation structure or working area formed in proximity to the landfall to allow the jointing of the offshore export cable circuits with the onshore export cable circuits;
“transition piece” means the metal structure attached to the top of the foundation where the base of the wind turbine generator is connected and may include additional equipment such as J-tubes, corrosion protection systems, boat access systems, access platforms, craneage, electrical transmission equipment and associated equipment;
“transmission cable” means any onshore or offshore cables for the transmission of electricity and communications and includes direct lay cables and/or cables pulled through cable ducts or under protective covers as part of a cable circuit;
“tree preservation order and hedgerow plan” means the plan or plans certified as the tree preservation order and hedgerow plan or plans by the Secretary of State for the purposes of this Order under article 49 (certification of plans and documents etc);
“trenchless technology” means a cable installation method to install the cable circuits underground by means other than open cut, including horizontal directional drilling;
“trunk road” means a highway which is a trunk road by virtue of
section 10 or 19(1) of the 1980 Act;
an order or direction under section 10 of the 1980 Act; or
any other enactment;
“undertaker” means, subject to article 5 (benefit of the Order), Rampion Extension Development Limited (company number 12091939);
“vessel” means every description of vessel, however propelled or moved, and includes a non- displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;
“watercourse” includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
“wind turbine generator” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle, transition piece and ancillary electrical and other equipment which may include J-tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, fixed to a foundation; and
“Working in Proximity to Wildlife in the Marine Environment Protocol” means the document certified as Appendix 10 – Further information for action point 42 – proximity to marine wildlife by the Secretary of State for the purpose of this Order under article 49 (certification of plans and documents etc).
(2) References in this Order to rights over land and watercourses include references to rights to do or restrain or to place and maintain, anything in, on or under the land or watercourse or in the air-space above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over the land or watercourse which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or which is an interest otherwise comprised in the Order land.
(3) All distances, directions, capacities and lengths referred to in this Order are approximate save in respect of the parameters referred to in—
(a) requirements 2 to 5 in Part 3 of Schedule 1 (requirements);
(b) conditions 1 and 2 in Part 2 of Schedule 11 (conditions); and
(c) conditions 1 and 2 in Part 2 of Schedule 12 (conditions).
(4) Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order.
(5) The expression “includes” must be construed without limitation unless the contrary intention appears.
(1) Subject to the provisions of this Order and to the requirements the undertaker is granted—
(a) development consent for the authorised development; and
(b) consent for the ancillary works,
to be carried out within the Order limits.
(2) Subject to the requirements in Schedule 1, and the conditions of the deemed marine licences in Schedule 11 and 12, Work Nos. 1 to 6 must be constructed within the Order limits seaward of MHWS and Work Nos. 7 to 20 must be constructed within the Order limits landward of MHWS.
(1) The undertaker may at any time maintain the authorised project, except to the extent that this Order or an agreement made under this Order provides otherwise.
(2) The power to maintain conferred under paragraph (1) does not relieve the undertaker of any requirement to obtain any further licence under Part 4 of the 2009 Act (marine licensing) for offshore works not covered by the deemed marine licences.
(1) Subject to this article, the provisions of this Order have effect solely for the benefit of the undertaker.
(2) Subject to sub-paragraphs (5) and (6), the undertaker may with the written consent of the Secretary of State—
(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order (excluding the deemed marine licences referred to in sub-paragraph (3) below) and such related statutory rights as may be agreed between the undertaker and the transferee; and
(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of the Order (excluding the deemed marine licences) and such related statutory rights as may be so agreed,
except where sub-paragraph (8) applies, in which case no consent of the Secretary of State is required.
(3) Subject to sub-paragraph (5), the undertaker may with the written consent of the Secretary of State—
(a) where an agreement has been made in accordance with paragraph (2)(a), transfer to the transferee the whole of any of the deemed marine licences granted under Schedules 11 or 12 of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or
(b) where an agreement has been made in accordance with paragraph (2)(b), grant to the lessee, for the duration of the period mentioned in paragraph (2)(b), the whole of any of the deemed marine licences granted under Schedules 11 or 12 of this Order and such related statutory rights as may be so agreed,
except where sub-paragraph (8) applies, in which case no consent of the Secretary of State is required.
(4) Where an agreement has been made in accordance with sub-paragraph (2) or (3) references in this Order to the undertaker, except in sub-paragraphs (7), (9) and (12), is to include references to the transferee or lessee.
(5) The undertaker must consult the Secretary of State before making an application for consent under this article by giving notice in writing of the proposed application.
(6) On receipt of a request under sub-paragraph (3) the Secretary of State must consult the MMO, and must have regard to any response received from the MMO within 28 days of notification before giving consent to the transfer or grant to another person of the benefit of the provisions of the deemed marine licences.
(7) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under sub-paragraphs (2) or (3)—
(a) the benefit transferred or granted (“the transferred benefit”) is to include any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;
(b) the transferred benefit is to reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit is not enforceable against the undertaker save in the case of a deemed marine licence transferred or granted in respect of any breach of an obligation by the undertaker which occurs prior to such transfer or grant or which occurs as a result of any activity carried out by the undertaker on behalf of the transferee; and
(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under sub-paragraphs (2) or (3) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
(8) The consent of the Secretary of State is required for the exercise of powers under sub-paragraphs (2) or (3) except where—
(a) the transferee or lessee is the holder of a licence under section 6 of the 1989 Act (licences authorising supply etc.);
(b) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—
(i) no such claims have been made;
(ii) any such claim has been made and has been compromised or withdrawn;
(iii) compensation has been paid in final settlement of any such claim;
(iv) payment of compensation into court has taken place in lieu of settlement of any such claim; or
(v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable.
(9) Prior to any transfer or grant under this article taking effect the undertaker must give notice in writing to the Secretary of State, and if such transfer or grant relates to the exercise of powers in their area, to the MMO and/or the relevant planning authority.
(10) A notice required under sub-paragraphs (5) and (9) must—
(a) state—
(i) the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;
(ii) subject to sub-paragraph (11), the date on which the transfer will take effect;
(iii) the provisions to be transferred or granted;
(iv) the restrictions, liabilities and obligations that, in accordance with sub-paragraph (7)(c), will apply to the person exercising the powers transferred or granted; and
(v) where sub-paragraph (8)(c) does not apply, confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land; and
(b) be accompanied by—
(i) where relevant, a plan showing the works or areas to which the transfer or grant relates; and
(ii) a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.
(11) The date specified under sub-paragraph (10)(a)(ii) in respect of a notice served in respect of sub-paragraph (9) must not be earlier than the expiry of 14 days from the date of the Secretary of State’s receipt of the notice.
(12) The notice given under sub-paragraph (9) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.
(13) Section 72(7) and (8) of the 2009 Act (Variation, suspension, revocation and transfer) do not apply to a transfer or grant of the benefit of the provisions of any of the deemed marine licences to another person by the undertaker pursuant to this article.
6 Application and modification of legislative provisions
(1) Regulation 6 of the Hedgerows Regulations 1997 (permitted work) is modified so as to read for the purposes of this Order only as if there were inserted after sub-paragraph (1)(j) the following—
or
(k) for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008
.
(2) The provisions of the Neighbourhood Planning Act 2017 insofar as they relate to temporary possession of land under articles 31 (temporary use of land for carrying out the authorised project) and 32 (temporary use of land for maintaining the authorised project) of this Order do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised project.
(3) This Order does not constitute a planning permission for the purposes of Part 10A of the 2008 Act (Infrastructure Levy: England) (or any statutory instrument to be made pursuant to that Part) or Part 11 of the 2008 Act (Community Infrastructure Levy) notwithstanding the definition of development in section 204E of the 2008 Act or the definition of planning permission contained within article 5 (meaning of planning permission) of the Community Infrastructure Levy Regulations 2010 .
7 Interaction with the Rampion Offshore Wind Farm Order 2014
(1) As from the date of this Order the provisions of the Rampion Offshore Wind Farm Order 2014 is amended as follows.
(2) For article 3 (Development consent etc granted by the Order) substitute—
3. (1) Subject to the provisions of this Order and to the requirements the undertaker is granted—
(a) development consent for the authorised development; and
(b) consent for the ancillary works,
to be carried out within the Order limits.
(2) Subject to article 3(3) and the requirements, Work Nos. 1 to 3A may be constructed anywhere within the Order limits seaward of MHWS and Work Nos. 3B to 32 may be constructed anywhere within the Order limits landward of MLWS.
(3) Notwithstanding article 3(1) no more than—
(a) 116 wind turbine generators; and
(b) 1 offshore substation,
may be constructed pursuant to this Order unless the development authorised by the Rampion 2 Offshore Wind Farm Order 2025 has not been commenced by no later than the date on which the powers under the Rampion 2 Offshore Order 2025 expire in accordance with Requirement 1 of Part 3 of Schedule 1 and the right to do so has expired.
8 Defence to proceedings in respect of statutory nuisance
(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within section 79(1) of that Act (statutory nuisances and inspections therefor) no order may be made, and no fine may be imposed, under section 82(2) of that Act (summary proceedings by persons aggrieved by statutory nuisances) if—
(a) the defendant shows that the nuisance—
(i) relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance or decommissioning of the authorised project and that the nuisance is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction sites) or a consent given under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974; or
(ii) is a consequence of the construction, maintenance or decommissioning of the authorised project and that it cannot reasonably be avoided; or
(b) the defendant shows that the nuisance—
(i) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised project and that the nuisance is attributable to the use of the authorised project in compliance with requirement 29 (control of noise during operational phase); or
(ii) is a consequence of the use of the authorised project and that it cannot reasonably be avoided.
(2) Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for purposes of or in connection with the construction, maintenance or decommissioning of the authorised project.
(1) The undertaker may, for the purposes of the authorised project, enter on so much of any of the streets specified in columns (2) and (3) of Schedule 2 (streets subject to street works) as is within the Order limits and may—
(a) break up or open the street, or any sewer, drain or tunnel within or under it;
(b) tunnel or bore under the street;
(c) remove or use all earth and materials in or under the street;
(d) place and keep apparatus in on or under the street;
(e) remove, maintain or renew apparatus in on or under the street or change its position;
(f) execute and maintain any works to provide hard and soft landscaping; and
(g) execute and maintain any works required for or incidental to any works referred to in sub-paragraphs (a) to (f).
(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.
(3) In this article “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act.
(1) The provisions of the 1991 Act mentioned in sub-paragraph (2) that apply in relation to the carrying out of street works under that Act and any regulations made or code of practice issued or approved under those provisions apply (with all necessary modifications) in relation to—
(a) the carrying out of works under article 9 (street works); and
(b) the temporary closure, temporary alteration or temporary diversion of a street by the undertaker under article 11 (temporary closure of streets),
whether or not the carrying out of the works or the closure, alteration or diversion constitutes street works within the meaning of that Act.
(2) The provisions of the 1991 Act are—
(a) subject to sub-paragraph (3), section 55 (notice of starting date of works);
(b) section 57 (notice of emergency works);
(c) section 60 (general duty of undertakers to co-operate);
(d) section 68 (facilities to be afforded to street authority);
(e) section 69 (works likely to affect other apparatus in the street);
(f) section 76 (liability for cost of temporary traffic regulation);
(g) section 77 (liability for cost of use of alternative route); and
(h) all provisions of that Act that apply for the purposes of the provisions referred to in sub- paragraphs (a) to (g).
(3) Section 55 of the 1991 Act as applied by sub-paragraph (2) has effect as if references in section 57 of that Act to emergency works included a reference to a closure, alteration or diversion (as the case may be) required in a case of emergency.
(1) The undertaker may, during and for the purposes of carrying out the authorised project, temporarily close, alter or divert any street and may for any reasonable time—
(a) divert the traffic or a class of traffic from the street; and
(b) subject to sub-paragraph (3), prevent all persons from passing along the street.
(2) Without limiting sub-paragraph (1), the undertaker may use any street temporarily closed under the powers conferred by this article within the Order limits as a temporary working site.
(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary closure, alteration or diversion of a street under this article if there would otherwise be no such access.
(4) Without limiting sub-paragraph (1), the undertaker may temporarily close, alter or divert the streets set out in column (2) of Schedule 3 (streets to be temporarily closed) to the extent specified, by reference to the letters and numbers shown on the access rights of way and streets plans, in column (3) of that schedule.
(5) The undertaker must not temporarily close, alter, divert or use as a temporary working site—
(a) any street referred to in sub-paragraph (4) without first consulting the street authority; and
(b) any other street without the consent of the street authority, which may attach reasonable conditions to the consent.
(6) Any person who suffers loss by the suspension of any public right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(7) If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under sub-paragraph (5)(b) that street authority is deemed to have granted consent.
(1) The undertaker may, in connection with the carrying out of the authorised project—
(a) temporarily close the public rights of way specified in columns (1) and (2) of Part 1 of Schedule 4 (public rights of way) to the extent specified in column (3) of that Part of that Schedule by reference to the numbers and letters shown on the access rights of way and streets plan;
(b) temporarily close each of the public rights of way specified in columns (1) and (2) of Part 2 of Schedule 4 (public rights of way ) to the extent specified, in column (3) of that Part of that Schedule and provide the temporary substitute public right of way described in column (4) of that Part of that Schedule between the specified terminus points at the stage of the authorised development identified in column (4) of that Part of that Schedule;
(c) temporarily close each of the public rights of way specified in columns (1) and (2) of Part 3 of Schedule 4 (public rights of way) to the extent agreed with the highway authority and in respect of the National Trail to the extent agreed with the South Downs National Park Authority and provide substitute temporary public rights of way on an alignment to be agreed with the highway authority or South Downs National Park Authority as applicable prior to the temporary closure of the public right of way concerned; and
(d) temporarily close or divert any other public right of way to the extent agreed with the highway authority.
(2) The public rights of way specified in columns (1) and (2) of Parts 2 and 3 of Schedule 4 (public rights of way) may not be wholly or partly closed under this article unless the temporary ... substitute public right of way referred to in column (4) of Part 2 or an alternative temporary substitute public right of way agreed by the highway authority or South Downs National Park Authority in respect of the National Trail has first been provided by the undertaker.
(3) If the highway authority or South Downs National Park Authority fails to notify the undertaker of its decision within 28 days of receiving an application for agreement under sub-paragraph (1)(c) or (1)(d) that highway authority is deemed to have granted consent.
(1) The undertaker may, for the purposes of the authorised project—
(a) form, lay out and maintain a means of access, or improve or maintain an existing means of access, in the approximate locations specified in columns (1) and (2) of Schedule 5 (access to works); and
(b) with the approval of the relevant planning authority following consultation with the highway authority form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised project.
(2) If the relevant planning authority fails to notify the undertaker of its decision within 45 days of receiving an application for approval under sub-paragraph (1)(b) that relevant planning authority is deemed to have granted approval.
(1) A street authority and the undertaker may enter into agreements with respect to—
(a) any temporary closure, alteration or diversion of a street authorised by this Order; or
(b) the carrying out in the street of any of the works referred to in article 9(1) (street works).
(2) Such agreement may, without prejudice to the generality of sub-paragraph (1)—
(a) make provision for the street authority to carry out any function under this Order which relates to the street in question;
(b) include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and
(c) contain such terms as to payment and otherwise as the parties consider appropriate.
(1) Subject to sub-paragraphs (2) and (3), the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with constructing, operating and maintaining the authorised project, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may—
(a) alter the level or increase the width of any kerb, footway, cycle track or verge; and
(b) make and maintain passing place(s).
(2) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.
(3) The powers conferred by sub-paragraph (1) must not be exercised without the consent of the street authority.
(4) Sub-paragraphs (2) and (3) do not apply where the undertaker is the street authority for a street in which the works are being carried out.
(5) If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under sub-paragraph (3) that street authority is deemed to have granted consent.
(1) Subject to the provisions of this article and the consent (such consent not to be unreasonably withheld) of the relevant traffic authority, which consent may be subject to reasonable conditions, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with the construction, operation or maintenance of the authorised project, impose a temporary speed limit either at all times or at times, on days or during such periods, and on such highways as may be specified by the undertaker.
(2) The undertaker must not exercise the powers in paragraph (1) unless it has given not less than 4 weeks’ notice in writing of its intention so to do to the chief officer of police and to the relevant traffic authority.
(3) The temporary speed limits imposed by this Order are deemed to have been imposed by an order under the 1984 Act and—
(a) have the same effect; and
(b) may be varied by the relevant traffic authority in the same manner,
as any other speed limit imposed by an order under that Act.
(4) No temporary speed limit imposed by this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011(a) when used in accordance with regulation 3(5) of those Regulations.
(1) Subject to sub-paragraphs (3) and (4) below the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised project and for that purpose may inspect, lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.
(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to sub-paragraph (1) is to be determined as if it were a dispute under section 106 of the Water Industry Act 1991 (right to communicate with public sewers).
(3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.
(4) The undertaker must not carry out any works to any public sewer or drain pursuant to sub-paragraph (1) except—
(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and
(b) where that person has been given the opportunity to supervise the making of the opening.
(5) The undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of, or construct any works in, under, over or within eight metres of, any watercourse forming part of a main river, or within 16 metres of a tidally influenced main river without the prior written consent of the Environment Agency.
(6) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.
(7) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by regulation 12 (requirement for a permit) of the Environmental Permitting (England and Wales) Regulations 2016.
(8) In this article—
(a) “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board or a local authority; and
(b) other expressions, excluding watercourse, used both in this article and in the Environmental Permitting (England and Wales) Regulations 2016 and the Water Resources Act 1991 have the same meaning as in those statutory provisions.
(9) If a person who receives an application for consent or approval fails to notify the undertaker of a decision within 28 days of receiving an application for consent under sub-paragraph (3) or approval under paragraph (4) that person is deemed to have granted consent or given approval, as the case may be.
(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building lying within the Order limits as the undertaker considers necessary or expedient.
(2) Protective works may be carried out—
(a) at any time before or during the carrying out of any part of the authorised project in the vicinity of the building; or
(b) after the completion of that part of the authorised project in the vicinity of the building at any time up to the end of the period of five years beginning with the day on which that part of the authorised project first becomes operational.
(3) For the purpose of determining how the powers under this article are to be exercised, the undertaker may enter and survey any building falling within sub-paragraph (1) and any land within its curtilage.
(4) For the purpose of carrying out protective works under this article to a building, the undertaker may (subject to sub-paragraphs (5) and (6))—
(a) enter the building and any land within its curtilage; and
(b) where the works cannot be carried out reasonably conveniently without entering land that is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).
(5) Before exercising—
(a) a power under sub-paragraph (1) to carry out protective works to a building;
(b) a power under sub-paragraph (3) to enter a building and land within its curtilage;
(c) a power under sub-paragraph (4)(a) to enter a building and land within its curtilage; or
(d) a power under sub-paragraph (4)(b) to enter land,
the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise the power and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.
(6) Where a notice is served under sub-paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 46 (arbitration).
(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of the powers.
(8) Where—
(a) protective works are carried out under this article to a building; and
(b) within the period of five years beginning with the day on which the part of the authorised project carried out in the vicinity of the building first becomes operational it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised project,
the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.
(9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance).
(10) Any compensation payable under sub-paragraph (7) or (8) must be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation).
(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies in respect of the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
(12) In this article “protective works”, in relation to a building, means—
(a) underpinning, strengthening and any other works the purpose of which is to prevent damage that may be caused to the building by the carrying out, maintenance or use of the authorised project; and
(b) any works the purpose of which is to remedy any damage that has been caused to the building by the carrying out, maintenance or use of the authorised project.
19 Authority to survey and investigate the land onshore
(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised project or land on which surveys and investigations are required for the monitoring of the authorised project or for the carrying out of ground, ecological or archaeological investigations and—
(a) survey or investigate the land including aerial surveys carried out by drone;
(b) without prejudice to the generality of sub-paragraph (a), survey, monitor and or investigate the land and any buildings or structures on that land for the purpose of investigating the potential effects of the authorised project on that land or buildings or structures on that land or for enabling the construction, operation use and maintenance of the authorised project;
(c) without prejudice to the generality of sub-paragraph (b) make trial pits or boreholes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;
(d) without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including the digging of trial trenches in such positions on the land as the undertaker thinks fit to carry out archaeological and site investigations; and
(e) place on, leave on and remove from the land apparatus and welfare facilities for use in connection with the survey monitoring and or investigation of land, the making of trial pits or boreholes and or the carrying out of ecological and or archaeological investigations.
(2) No land may be entered or equipment placed or left on or removed from the land under sub-paragraph (1) unless at least 14 days’ notice has been served on every owner or occupier of the land.
(3) Any person entering land under this article on behalf of the undertaker—
(a) must, if so required on entering the land, produce written evidence of their authority to do so; and
(b) may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial pits or boreholes.
(4) No trial pits or boreholes are to be made under this article—
(a) in land forming a railway without the consent of Network Rail;
(b) in land held by or in right of the Crown without the consent of the Crown;
(c) in land located within the highway boundary without the consent of the highway authority; or
(d) in a private street without the consent of the street authority,
but such consent must not be unreasonably withheld or delayed.
(5) Following completion of any activities being undertaken pursuant to this article the undertaker must remove all equipment, apparatus and welfare facilities placed on the land in connection with such activities as soon as practicable, and the land must be restored to its original condition.
(6) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(7) If a street authority or highway authority that receives an application for consent or approval fails to notify the undertaker of a decision within 28 days of receiving an application for consent under sub-paragraph 4(c) or (d), that person is deemed to have granted consent or given approval, as the case may be.
(8) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
(1) Subject to sub-paragraph (2), the rights of navigation over the places in the sea where any of the permanent structures are located within territorial waters will be suspended.
(2) The suspension of the rights of navigation over the places identified in sub-paragraph (1) will take effect 14 days after the undertaker has submitted a plan to the Secretary of State, Trinity House, the Maritime Coastguard Agency and the MMO showing the precise locations of the foundations of each of any such permanent structure to be constructed as part of the authorised development within territorial waters.
(3) In respect of the location of any individual permanent structure sub-paragraph (1) will cease to have effect as soon as that permanent structure has been decommissioned in accordance with a decommissioning programme approved under section 106 (approval of decommissioning programmes) of the 2004 Act and permanently removed, and the relevant rights of navigation will resume.
(4) The plan submitted in accordance with sub-paragraph (2) will be published by the undertaker as required by the Secretary of State.
(5) In this article 20 “permanent structures” means wind turbine generators and offshore substations including their foundations.
21 Temporary suspension of public access to access land
(1) This provision applies to the access land described in Schedule 6 (temporary suspension of public access to access land).
(2) The undertaker may, in connection with the authorised project temporarily—
(a) interfere with such parts of the access land as are affected by the authorised project by constructing, maintaining or decommissioning the relevant part of the authorised project as the undertaker considers necessary or expedient; and
(b) close to the public such parts of the access land as are affected by the authorised project during construction, maintenance or decommissioning of the relevant part of the authorised project.
(3) No fewer than 28 days before exercising any power under sub-paragraph (2), the undertaker must notify the South Downs National Park Authority as relevant planning authority of its intention to exercise such powers.
(4) During the period of any closure referred to in sub-paragraph (2)(b), all rights of access to the public are to be suspended.
(5) The power conferred by sub-paragraph (2) must be exercised in a way which secures—
(a) that no more of the relevant part of the access land is closed to the public at any time than is necessary in the circumstances; and
(b) that all reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction or interference is caused to the public which may be intending to use the part so closed.
(6) As soon as practicable following the exercise of any powers under sub-paragraph (2), any temporary works, plant, machinery and fencing must be removed and access to the access land restored.
(1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised project or to facilitate, or is incidental, to it.
(2) This article is subject to —
(a) article 23 (time limit for exercise of authority to acquire land compulsorily or to take land temporarily);
(b) sub-paragraph (2) of article 24 (compulsory acquisition of rights and imposition of restrictive covenants);
(c) article 29 (acquisition of subsoil or airspace only);
(d) article 30 (rights under or over streets);
(e) article 31 (temporary use of land for carrying out the authorised project);
(f) article 48 (Crown rights);and
(g) article 50 (protective provisions).
(3) The power to compulsorily acquire land conferred under paragraph (1) does not apply to the Order land shown numbered 34/29 and 34/30 on the land plans onshore.
23 Time limit for exercise of authority to acquire land compulsorily or to take land temporarily
(1) The applicable period for the purposes of section 4 (time limit for giving notice to treat) of the 1965 Act and section 5A (time limit for general vesting declaration) of the 1981 Act (as modified by this Order) is the period of seven years beginning on the day on which the Order is made.
(2) The authority conferred by article 31 (temporary use of land for carrying out the authorised project) ceases at the end of the period referred to in sub-paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.
24 Compulsory acquisition of rights and imposition of restrictive covenants
(1) Subject to sub-paragraphs (2) and (3), the undertaker may acquire compulsorily such rights over, or impose such restrictive covenants affecting the Order land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 22 (compulsory acquisition of land), by creating them as well as by acquiring rights and the benefit of restrictions already in existence.
(2) Subject to the provisions of this paragraph, article 25 (private rights over land), article 31 (temporary use of land for carrying out the authorised project) and article 34 (statutory undertakers), in the case of the Order land specified in column (1) of Schedule 7 (acquisition of new rights and imposition of restrictive covenants only) the undertaker’s powers of compulsory acquisition under article 22(1) are limited to the compulsory acquisition of such new rights and the imposition of restrictive covenants over land as may be required for the purpose specified in relation to that land in column (2) of that Schedule.
(3) Subject to section 8 (other provisions as to divided land) of and Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 8 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or the benefit of a restrictive covenant or acquires an existing right over land or the benefit of a restrictive covenant already in existence under paragraph (1) or under paragraph (2), the undertaker is not required to acquire a greater interest in that land.
(4) Schedule 8 (modification of compensation and compulsory purchase enactments for the creation of new rights and imposition of restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.
(5) In any case where the acquisition of new rights or the imposition of a restrictive covenant under sub-paragraph (1) or (2) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights or impose such restrictions to the relevant statutory undertaker.
(6) The exercise by a statutory undertaker of any power in accordance with a transfer under sub-paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.
(7) Subject to the modifications set out in articles 52 (no double recovery), 53 (disregard of certain improvements, etc), 54(2) and (3) (set-off for enhancement in value of retained land), and Schedule 8, the enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply in the case of a compulsory acquisition under the Order in respect of a right by the creation of a new right or imposition of a restriction as they apply to the compulsory purchase of land and interests in land.
(1) Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under this Order are extinguished—
(a) as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or
(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act (power of entry),
whichever is the earlier.
(2) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant—
(a) as from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker (whether the right is acquired or the restrictive covenant is imposed compulsorily, by agreement or through the grant of lease of the land by agreement); or
(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act in pursuance of the right or enforcement of the restrictive covenant,
whichever is the earlier.
(3) Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable insofar as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land.
(4) Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenants under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation).
(5) This article does not apply in relation to any right to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 34 (statutory undertakers) applies.
(6) Sub-paragraphs (1) to (3) have effect subject to—
(a) any notice given by the undertaker before—
(i) the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land;
(ii) the undertaker’s appropriation of the land,
(iii) the undertaker’s entry onto the land, or
(iv) the undertaker’s taking temporary possession of the land,
that any or all of those paragraphs do not apply to any right specified in the notice; or
(b) any agreement made at any time between the undertaker and the person in or to whom the right or restrictive covenant in question is vested or belongs.
(7) If such an agreement as is referred to in sub-paragraph (6)(b)—
(a) is made with a person in or to whom the right or restrictive covenant is vested or belongs; and
(b) is expressed to have effect also for the benefit of those deriving title from or under that person,
the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.
(8) Reference in this article to private rights over land includes reference to any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.
(1) Any authorised activity which takes place within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) and the doing of anything else authorised by this Order is authorised for the purpose specified in section 158(2) (nuisance: statutory authority) of the 2008 Act, notwithstanding that it involves—
(a) an interference with an interest or right to which this article applies; or
(b) a breach of a restriction as to the use of land arising by virtue of contract.
(2) In this article “authorised activity” means—
(a) the erection, construction or maintenance of any part of the authorised development;
(b) the exercise of any power authorised by this Order; or
(c) the use of any land (including the temporary use of land).
(3) The interests and rights to which this article applies include any easement, liberty, privilege, right, including any right of navigation, or advantage annexed to land and adversely affecting other land, including any natural right to support and any restrictions as to the use of land arising by virtue of a contract.
(4) Subject to article 52 (no double recovery), where any interest, right or restriction to which this article applies is overridden by paragraph (1), unless otherwise agreed, compensation—
(a) is payable under section 7 (measure of compensation in case of severance) or 10 (further provision as to compensation for injurious affection) of the 1965 Act; and
(b) is to be assessed in the same way and subject to the same rules as in the case of other compensation under those sections where—
(i) the compensation is to be estimated in connection with a purchase under that Act; or
(ii) the injury arises from the execution of works on or use of land acquired under that Act.
(5) Where a person deriving title under the undertaker by whom the land in question was acquired—
(a) is liable to pay compensation by virtue of sub-paragraph (4); and
(b) fails to discharge that liability,
the liability is enforceable against the undertaker.
(6) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1).
(7) Subsection (2) of section 10 of the 1965 Act applies to sub-paragraph (4) by virtue of section 152(5) (compensation in case where no right to claim in nuisance) of the 2008 Act.
(8) Any rule or principle applied to the construction of section 10 of the 1965 Act applies to the construction of sub-paragraph (4) with any necessary modifications.
(1) The 1981 Act applies as if this Order were a compulsory purchase order.
(2) The 1981 Act, as applied by sub-paragraph (1), has effect with the following modifications.
(3) In section 1 (application of act), for subsection 2, substitute—
(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.
(4) In section 5(2) (earliest date for execution of declaration) omit the words from “, and this subsection” to the end.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In section 5B(1) (extension of time limit during challenge)—
(a) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order) substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008”; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In section 6 (notices after execution of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.
(8) In section 7 (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.
(9) In section 11 (recovery of compensation overpaid), for subsection (1) substitute —
(1) This section applies where after the execution of a general vesting declaration a person (“the claimant”) claims compensation in respect of the acquisition of an interest in land by virtue of the declaration, and the acquiring authority pay compensation in respect of that interest.
(10) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute —
(2) But see article 29(3) (acquisition of subsoil or airspace only) of the Rampion 2 Offshore Wind Farm Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.
(11) References to the 1965 Act in the 1981 Act must be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 28 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under this Order.
(1) Part 1 of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.
(2) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)”.
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In section 11A (powers of entry: further notice of entry)—
(a) in subsection (1)(a), after “land” insert “under that provision”; and
(b) in subsection (2), after “land” insert “under that provision”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—
(a) for paragraphs 1(2) and 14(2) substitute—
(2) But see article 29(3) (acquisition of subsoil or airspace only) of the Rampion 2 Offshore Wind Farm Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule
; and
(b) after paragraph 29 insert—
PART4 INTERPRETATION
30. In this Schedule, references to entering on and taking possession of land do not include doing so under article 18 (protective work to buildings), article 31 (temporary use of land for carrying out the authorised development) or article 32 (temporary use of land for maintaining the authorised development) of the Rampion 2 Offshore Wind Farm Order 2025.
(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil or the airspace over of the land referred to in article 22(1) (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land under sub-paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.
(3) The following do not apply in connection with the exercise of the power under sub-paragraph (1) in relation to subsoil or airspace only—
(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act as modified by article 28 (modification of Part 1 of the 1965 Act);
(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and
(c) Section 153(4A) (reference of objection to Upper Tribunal: general) of the Town and Country Planning Act 1990.
(4) Sub-paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or factory.
(1) The undertaker may enter on and appropriate so much of the subsoil of or air-space over any street within the Order limits as may be required for the purposes of the authorised project and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised project.
(2) Subject to sub-paragraph (3), the undertaker may exercise any power conferred by sub-paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.
(3) Sub-paragraph (2) does not apply in relation to—
(a) any subway or underground building; or
(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.
(4) Subject to sub-paragraph (5), any person who is an owner or occupier of land appropriated under sub-paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(5) Compensation is not payable under sub-paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 Act (sharing of cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section.
31 Temporary use of land for carrying out the authorised project
(1) The undertaker may, in connection with the carrying out of the authorised project (but subject to article 23 (time limit for the exercise of authority to acquire land compulsorily or to take land temporarily)—
(a) enter on and take temporary possession of—
(i) the land specified in columns (1) and (2) of Schedule 9 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule; and
(ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights or the imposition of covenants) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;
(b) remove any buildings, agricultural plant and apparatus, drain, structure, apparatus, fences, debris and vegetation from that land;
(c) construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land;
(d) use the land for the purposes of a working site or construction compound (including for the purposes of duct and cable preparation and stringing out) with and for the passage of persons of vehicles (with or without materials, plant and machinery) in connection with the use of the working site or construction compound in connection with the authorised project;
(e) construct any new road surface or other improvements to any street specified in Schedule 2 (streets subject to street works);
(f) construct any ground strengthening works to facilitate construction of the authorised development;
(g) construct any works on that land as are mentioned in Part 1 of Schedule 1 (authorised development) and Part 2 of Schedule 1 (ancillary works) on that land; and
(h) carry out mitigation works required pursuant to the requirements in Part 3 of Schedule 1 (requirements) or any other mitigation works on that land.
(2) The power conferred under sub-paragraph (1)(a)(ii) does not apply to the Order land shown numbered 34/29 and 34/30 on the land plans onshore.
(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.
(4) The undertaker is not required to serve notice under sub-paragraph (2) in the case of emergency where the undertaker has identified a potential risk to the safety of any of—
(a) the authorised development or any of its parts;
(b) the public; or
(c) the surrounding environment,
and in such circumstances, the undertaker may enter the land under sub-paragraph (1) subject to giving such period of notice as is reasonably practical in the circumstances.
(5) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article—
(a) in the case of land specified in sub-paragraph (1)(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (4) of Schedule 9 (land of which temporary possession may be taken); or
(b) in the case of land specified in sub-paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of completion of the part of the authorised project for which temporary possession of the land was taken,
unless the undertaker has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.
(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—
(a) replace any buildings, agricultural plant and apparatus, drain, structure, apparatus, fences, debris and vegetation removed under this article;
(b) restore the land on which any permanent works have been constructed under sub-paragraph (1)(f) or (1)(g);
(c) remove statutory undertakers’ apparatus or connections to such apparatus or any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised project; or
(d) restore the land on which any works have been carried out under sub-paragraph (1)(h).
(7) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.
(8) Any dispute as to a person’s entitlement to compensation under sub-paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(9) Any dispute as to the satisfactory removal of temporary works and restoration of land under sub-paragraph (5) does not prevent the undertaker from giving up possession of the land.
(10) Subject to article 52 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under sub-paragraph (6).
(11) The undertaker may not compulsorily acquire under this Order the land referred to in sub-paragraph (1)(a)(i).
(12) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.
(13) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
(14) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in sub-paragraph (1).
32 Temporary use of land for maintaining the authorised project
(1) Subject to sub-paragraph (2), at any time during the maintenance period relating to any part of the authorised project, the undertaker may—
(a) enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised project; and
(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
(2) Sub-paragraph (1) does not authorise the undertaker to take temporary possession of—
(a) any house or garden belonging to a house; or
(b) any building (other than a house) if it is for the time being occupied.
(3) Unless sub-paragraph (4) applies, the undertaker must serve notice of the intended entry on the owners and occupiers of the land not less than 28 days before entering on and taking temporary possession of land under this article.
(4) The undertaker is not required to serve notice under sub-paragraph (3) in the case of emergency where the undertaker has identified a potential risk to the safety of any of—
(a) the authorised development or any of its parts;
(b) the public; or
(c) the surrounding environment,
and in such circumstances, the undertaker may enter the land under sub-paragraph (1) subject to giving such notice as is reasonably practical in the circumstances.
(5) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised project for which possession of the land was taken.
(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
(7) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.
(8) Any dispute as to a person’s entitlement to compensation under sub-paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(9) Subject to article 52 (no double recovery) nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from execution of any works, other than loss or damage for which compensation is payable under sub-paragraph (7).
(10) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.
(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).
(12) In this article “the maintenance period”, in relation to any part of the authorised project, means—
(a) where the authorised development consists of the maintenance of any tree or shrub a period of 10 years beginning with the date on which that tree or shrub is first planted;
(b) in relation to any other part of the authorised project the period of five years beginning with the date on which the authorised project is brought into commercial operation; and
(c) any period falling between the date at which temporary possession is no longer permitted under article 31 (temporary use of land for carrying out the authorised project) and the date on which the authorised project is brought in to commercial operation.
33 Compulsory acquisition of land – incorporation of the mineral code
Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 (minerals) are incorporated in this Order subject to the modifications that—
(a) for “the acquiring authority” substitute “the undertaker”;
(b) for “undertaking” substitute “authorised project”; and
(c) for “compulsory purchase order” substitute “this Order”.
Subject to the provisions of article 24 (compulsory acquisition of rights and imposition of restrictive covenants), article 50 (protective provisions) and Schedule 10 (protective provisions) the undertaker may—
(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans onshore within the Order land; and
(b) extinguish the rights of, or restrictions for the benefit of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.
35 Apparatus and rights of statutory undertakers in closed streets
(1) Where a street is closed, altered, diverted or restricted under article 11 (temporary closure of streets), any statutory utility whose apparatus is under, in, on over, along or across the street may, and if reasonably requested to do so by the undertaker must—
(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or
(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).
(2) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—
(a) the execution of the relocation works required in consequence of the closure of the street; and
(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.
(3) If in the course of the execution of relocation works under sub-paragraph (1)—
(a) apparatus of a better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus; or
(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of sub-paragraph (3) is to be reduced by the amount of that excess.
(4) For the purposes of sub-paragraph (3)—
(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.
(5) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of sub-paragraph (2) (and having regard, where relevant, to sub paragraph (3)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven years and six months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.
(6) In this article—
“relocation works” means work executed, or apparatus provided, under sub-paragraph (2); and
“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation) of Chapter 1 of the 2003 Act .
(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 34 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
(2) Sub-paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 34, any person who is—
(a) the owner or occupier of premises the drains of which communicated with that sewer; or
(b) the owner of a private sewer which communicated with that sewer,
is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewage disposal plant.
(3) This article does not have effect in relation to apparatus to which article 35 (apparatus and rights of statutory undertakers in closed streets) or Part 3 (street works in England and Wales) of the 1991 Act applies.
(4) In this paragraph—
(a) “public communications provider” has the same meaning as in section 151(1) of the 2003 Act 2003; and
(b) “public utility undertaker” means a gas, water, electricity or sewerage undertaker.
(1) On the exercise by the undertaker of the relevant Order powers to acquire rights or impose restrictive covenants over the special category land so much of the special category land as is required for the purposes of the exercise by the undertaker of those rights or enforcement of those restrictive covenants is discharged from all rights, trusts and incidents to which it was previously subject so far as their continuance would be inconsistent with the exercise of the relevant Order powers.
(2) In this article—
(a) “the relevant Order powers” means powers exercisable over the special category land by the undertaker under article 24 (compulsory acquisition of rights and imposition of restrictive covenants); and
(b) “the special category land” means the land identified as forming part of a common, open space, or fuel or field allotment in the book of reference and on the special category land plans.
(1) The undertaker is hereby authorised to operate the generating station comprised in the authorised project.
(2) This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station.
The marine licences set out in Schedules 11 (deemed marine licence under the 2009 Act – generation assets) and 12 (deemed marine licence under the 2009 Act – transmission assets) are deemed to have been granted to the undertaker under Part 4 (marine licensing) of the 2009 Act for the licensed marine activities and subject to the conditions set out in each Part 2 of those Schedules.