The North Falls Offshore Wind Farm Order 2026

SCHEDULE 1 AUTHORISED DEVELOPMENT

Article 2 PART 1 AUTHORISED DEVELOPMENT A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 15 (generating stations) of the 2008 Act which is located in the Southern North Sea approximately 40 kilometres from the East Anglian coast at its nearest point, comprising— Work No. 1— an offshore wind turbine generating station with a gross electrical output capacity of over 100 megawatts comprising up to 57 wind turbine generators each fixed to the seabed by one of the following foundation types: monopile, mono suction bucket, multi-leg pin pile jacket or multi-leg suction bucket jacket; and a network of cables between the wind turbine generators and between the wind turbine generators and Work No. 2, including one or more cable crossings; and associated development within the meaning of section 115(2) of the 2008 Act comprising— Work No. 2— up to two offshore substation platforms each fixed to the seabed by one of the following foundation types: monopile, multi-leg pin pile jacket or a multi-leg suction bucket jacket and a platform interconnector cable including one or more cable crossings; and up to one offshore converter platform fixed to the seabed by one of the following foundation types: monopile, multi-leg pin pile jacket or a multi-leg suction bucket jacket. Work No. 3— up to two cable circuits between Work No. 2 and Work No. 4A, including one or more cable crossings; Work No. 4A— up to two cable circuits and associated ducting between Work No. 3 and Work No. 4B including up to three drilling exit pits for trenchless installation techniques, one or more cable crossings and a temporary work area for vessels to carry out anchoring and positioning. Between MHWS and MLWS and in the County of Essex and District of Tendring Work No. 4B— landfall connection works comprising up to two cable circuits and associated ducting between Work No. 4A and Work No. 4C, including trenchless installation technique works. In the County of Essex and the District of Tendring Work No. 4C— onshore connection works comprising up to two cable circuits and associated ducting between Work No. 4B and Work No. 4D. Work No. 4D— onshore connection works comprising— up to two cable circuits and associated ducting connecting Work No. 4C and Work No. 6; up to three drilling entry pits for trenchless installation techniques; up to two transition joint bays; working areas and laydown areas and means of access. Work No. 5— temporary compound including temporary working areas and laydown areas. Work No. 6— onshore connection works comprising— Work No. 6A— up to two cable circuits and associated ducting between Work No. 4D and Work No. 12 including working areas and laydown areas and means of access; or up to two cable circuits to be pulled through existing ducts between Work No. 4D and Work No. 12 including working areas and laydown areas and means of access; and Work No. 6B— cable ducting for two additional cable circuits for later installation of additional electrical connections between Work No. 4D and Work No. 12 including working areas and laydown areas and means of access. Work No. 7— temporary compounds including temporary working areas and laydown areas and means of access. Work No.8— temporary means of access including creation and improvement of accesses and visibility splays and vegetation clearance. Work No. 9— works to permanently widen and improve the junction between Bentley Road and the A120 and to permanently widen and improve Bentley Road from A120 to Works No. 6, including temporary provision of area for non-motorised user access. Work No. 10— permanent means of access including creation and improvement of accesses and visibility splays and vegetation clearance. Work No. 11— an onshore substation including platform or foundations, electrical equipment including switch gear, power transformers, reactive compensation equipment, filters, cooling equipment, control and welfare buildings, lightning rods, internal roads, security fencing and other associated equipment, structures and buildings including noise-attenuation works and permanent security fencing and security gate. Work No. 12— onshore substation compound including— Work No. 12A— up to two cable circuits and associated ducting between Work No. 6 and Work No. 14 including working areas and laydown areas and means of access; up to two cable circuits to be pulled through existing ducts between Work No. 6 and Work No. 14 including working areas and laydown areas and means of access; land re-profiling, groundworks and creation of platforms and foundations; landscaping; drainage works including connections to existing drainage and creation of new sustainable drainage including attenuation pond(s); temporary and permanent means of access including creation and improvement of accesses and visibility splays and vegetation clearance; temporary compounds including working areas and laydown areas; and temporary and permanent ecological and environmental mitigation works including habitat creation. Work No. 12B— cable ducting for two additional cable circuits for later installation of additional electrical connections between Work No. 6 and Work No. 14. Works No. 13— Groundworks, drainage works, outfall and planting including working areas and laydown areas and means of access. Work No. 14— Electrical works to connect to a National Grid substation including— works needed to connect the authorised development to the new National Grid substation including but not limited to cabling, cable sealing ends, circuit breakers, surge arrestors, dis-connectors, transformers, busbars and busbar clamp measuring equipment, relay marshalling rooms and electrical earthing works; connection works comprising up to two buried 400kV cable circuits and associated ducting between Work No. 12 and the National Grid substation including electrical engineering works within and around the National Grid substation buildings and compound; temporary and permanent means of access including creation and improvement of accesses and visibility splays and vegetation clearance; temporary compounds including working areas and laydown areas. In connection with Work Nos. 1, 2, 3 and 4A, and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including— scour protection around the foundations of the offshore structures; cable protection measures such as rock placement and the placement of rock and/or concrete mattresses, with or without frond devices; dredging; the removal of material from the seabed required for the construction of Work Nos. 1, 2, 3 and 4A and the disposal of inert material of natural origin and/or dredged material within the Order limits produced during construction drilling, seabed preparation for the installation of the foundations of the offshore structures, during seabed preparation for cable laying, and excavation of drilling pits for trenchless installation techniques; creation and use of temporary vessel laydown areas, use of cable anchors and buoys; removal of static fishing equipment; and lighting, and in connection with such Work Nos. 4B, 4C, 4D, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement, including— haul roads, ramps, watercourse and other temporary crossings, means of access and other vehicular and/or pedestrian means of access, including creation of new tracks and footpaths, and/or widening, upgrades, alterations and improvements of existing roads, tracks and footpaths; bunds, embankments, swales, landscaping, signage, fencing and boundary treatments and alteration of groynes; provision of temporary and permanent ecological and environmental mitigation, enhancement and compensation works; spoil storage and associated control measures; jointing bays, link boxes, cable ducts, works for trenchless installation technique crossings, cable protection, joint protection, manholes, marker posts, underground cable markers, tiles and tape, and lighting and other works associated with laying cables and/or pulling cables through cable ducts; works for the provision of apparatus including cabling, water and electricity supply works, foul drainage provision, surface water management systems, temporary drainage during installations of cables and culverting; works to alter the position of apparatus, including mains, sewers, drains and cables; works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses; landscaping works and habitat creation including installation of bird and bat boxes, creation of hibernacula and reinforcement of existing planting to provide habitat; works for the benefit or protection of land affected by the authorised development; working sites in connection with the carrying out of the authorised development, lay down areas and compounds and storage compounds; works of restoration; fencing or other means of enclosure; and such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development. PART 2 ANCILLARY WORKS Works within the Order limits which fall within the scope of the work assessed by the environmental statement comprising— (a) intrusive ground investigations including the making of bore holes and trial pits; (b) temporary landing places, moorings or other means of accommodating vessels in the construction, maintenance and/or decommissioning of the authorised development; (c) marking buoys, beacons, fenders and other navigational warning or ship impact protection works; and (d) temporary works for the benefit or protection of land, watercourses or structures affected by the authorised development. PART 3 REQUIREMENTS Time limits 1 The authorised development must commence no later than the expiration of seven years beginning with the date this Order comes into force. Offshore design parameters 2 (1) The wind turbine generators to be constructed or operated within Work No.1 of the authorised development must be located within the area delineated by the co-ordinates in the following table and shown on sheet 3a of the offshore order limits and boundary co-ordinates plan— (1) Point | (2) Latitude | (3) Longitude 36 | 51° 46.18399’N | 01° 51.52207’E 37 | 51° 46.45215’N | 01° 51.46739’E 38 | 51° 47.79417’N | 01° 56.0602’E 39 | 51° 45.96006’N | 01° 54.98406’E 40 | 51° 44.20008’N | 01° 56.16270’E 41 | 51° 43.43466’N | 01° 58.08954’E 42 | 51° 44.92260’N | 02° 02.79174’E 43 | 51° 44.20590’N | 02° 02.65992’E 44 | 51° 44.16756’N | 02° 02.36766’E 45 | 51° 43.89822’N | 02° 01.62702’E 46 | 51° 43.70418’N | 02° 01.18500’E 47 | 51° 43.46172’N | 02° 00.54066’E 48 | 51° 42.90816’N | 01° 59.73738’E 49 | 51° 42.25464’N | 01° 58.18482’E 50 | 51° 41.80842’N | 01° 58.22082’E 51 | 51° 38.66118’N | 01° 54.67986’E 52 | 51° 37.76189’N | 01° 52.32853’E 53 | 51° 39.03140’N | 01° 52.10085’E 54 | 51° 40.08359’N | 01° 52.71647’E 55 | 51° 40.32461’N | 01° 52.55921’E 56 | 51° 40.41888’N | 01° 52.66356’E 57 | 51° 40.36970’N | 01° 52.53295’E 58 | 51° 40.36967’N | 01° 52.52982’E 59 | 51° 40.80925’N | 01° 52.24298’E 60 | 51° 41.18441’N | 01° 51.71421’E 61 | 51° 41.78502’N | 01° 51.60623’E 62 | 51° 45.61162’N | 01° 51.61163’E (2) The offshore works must be constructed in accordance with the parameters set out in the following table— (1) Parameter | (2) Value Maximum number of wind turbine generators | 57 Maximum total rotor swept area (m²) | 3,032,694.06 Maximum height of wind turbine generators when measured from MHWS to the tip of the vertical blade (m) | 377.39 Maximum rotor diameter of each wind turbine generator (m) | 337 Minimum distance from MHWS to the lowest point of the rotating blade for each wind turbine generator (m) | 27 Minimum distance between wind turbine generators (downwind) measured from the centre point of each wind turbine generator) (m) | 1180 Minimum distance between wind turbine generators (crosswind) measured from the centre point of each wind turbine generator) (m) | 944 Maximum pile diameter of single pile structures (m) | 17 Maximum pile diameter of two or more pile structures for wind turbine generator (m) | 6 Maximum pile diameter of two or more pile structures for offshore platform (m) | 3.5 Maximum total seabed footprint for installed wind turbine generators (excluding scour protection) (m²) | 94,729 Maximum total seabed footprint for installed wind turbine generators (including scour protection) (m²) | 2,709,162 Maximum total scour protection volume for wind turbine generator foundations (m³) | 4,882,186 Maximum total length of inter-array cables (km) | 170 Maximum inter-array cable protection area (m²) | 204,000 Maximum inter-array cable protection volume (m³) | 119,000 Maximum dimensions of offshore substation platforms: Height when measured from MHWS (m) (including cranes and helideck) | 61.68 Length (m) | 60 Topside area (m²) | 2,400 Maximum dimensions of offshore converter platform: Height when measured from MHWS (m) (including cranes and helideck) | 111.62 Length (m) | 130 Topside area (m²) | 10,400 Maximum total seabed footprint for two offshore substation platforms: (excluding scour protection) (m²) | 5890 (including scour protection) (m²) | 166,715 scour protection volume (m³) | 50,316 Maximum total length of export cables (km) | 125.4 Maximum export cables cable protection area (m²) | 75,240 Maximum export cables cable protection volume (m³) | 43,890 Maximum total length of platform interconnector cable (km) | 20 Maximum platform interconnector cable protection area (m²) | 24,000 Maximum platform interconnector cable protection volume (m³) | 14,000 (3) Any part of the authorised development located within the following areas shown on the Deep Water Route Cable Installation Area (Future Dredging Depths) Plan, must be designed, installed, operated and maintained at a level which would not preclude or impede dredging— (a) of the area shown shaded in orange and labelled Sunk A – Sunk DW Buffer, to a level of 22 metres below Chart Datum; (b) of the area shown shaded in pink and labelled Trinity – Trinity DW Buffer, to a level of 22 metres below Chart Datum; (c) of the area shown shaded in green and labelled Sunk B – Sunk DW Buffer, to a level of 19 metres below Chart Datum; and (d) of the area shown shaded in blue and labelled Sunk Pilotage Area – Sunk Pilot Diamond Buffer, to a level of 22 metres below Chart Datum. Aviation safety 3 (1) The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by the Air Navigation Order 2016 (with any reference to the territorial sea being read as a reference to the Renewable Energy Zone established under section 84 of the 2004 Act) and/or determined necessary for aviation safety as directed in writing by the Civil Aviation Authority, in consultation with the Defence Infrastructure Organisation Safeguarding.. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the life of the authorised development unless otherwise agreed with the Ministry of Defence. (2) The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14 days prior to the commencement of the offshore works, of the following— (a) the date of the commencement of construction of the offshore works; (b) the date any wind turbine generators are intended to be brought into use; (c) the maximum height of any construction equipment to be used; (d) the maximum heights of any wind turbine generator, meteorological mast and offshore substation platforms and/or offshore converter platform to be constructed; (e) the latitude and longitude of each wind turbine generator, meteorological mast and offshore substation platforms and/or offshore converter platform to be constructed; and (f) the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the offshore works. (3) The lights installed in accordance with sub-paragraph (1) will be operated at the lowest permissible lighting intensity level. Stages of authorised development onshore 4 (1) The onshore works must not be commenced until notification has been submitted to the discharging authority detailing whether the onshore works will be constructed— (a) in a single stage; or (b) in two or more stages. (2) The onshore works may not be commenced until written details of the stages of the onshore works have been submitted to the discharging authority. (3) The construction of the onshore works must follow the written details provided under sub-paragraph (2) of this requirement. Substation works 5 (1) Construction of Work No. 11 (onshore substation) must not commence until written details of that Work have been submitted to and approved by the discharging authority, and the written details submitted must include— (a) the layout; (b) scale; (c) proposed finished ground levels; (d) external hard surfacing materials; (e) the dimensions, external colour and materials used for the buildings; (f) security fencing, height, colour and materials; (g) vehicular and pedestrian access, parking and circulation areas; (h) operational external lighting; and (i) proposed and existing functional services above and below ground, including drainage, surface water drainage, power and communications cables and pipelines, manholes and supports. (2) The written details submitted under sub-paragraph (1) of this requirement must be in accordance with requirement 6 (detailed design parameters onshore) and in accordance with the design vision including the design and consultation process set out in sections 1.4 and 1.5 thereof and any design guide. The design review process must accord with sub-paragraph (3) of this requirement. (3) The details submitted under sub-paragraph (1) of this requirement must not be submitted to the discharging authority for approval until an independent design review panel has reviewed the details and made any written recommendations to the undertaker about those details. Any recommendations received by the undertaker from the independent design review panel must accompany the details submitted to the discharging authority for approval under sub-paragraph (1) of this requirement. (4) Work No. 11 must be carried out in accordance with the approved written details. Detailed design parameters onshore 6 (1) The onshore works must not exceed the parameters set out in the following table and sub-paragraph (2)— (1) Parameter | (2) Value Maximum number of landfall transition joint bays | 2 (2) In relation to Work No. 11 (onshore substation)— (a) the highest part of any building, any external electrical equipment or enclosure, excluding lightning rods, must not exceed a height of 13m above Ordnance Datum; (b) the total area of the fenced compound (excluding its accesses) must not exceed 58,800m²; and (c) the lightning rods within the fenced compound must not exceed a height of 18m above Ordnance Datum. Provision of landscaping 7 (1) Work No. 11 must not commence until a written landscaping scheme and associated work programme in accordance with the outline landscape and ecological management strategy for Work No. 11 has been submitted to and approved by the discharging authority in consultation with the relevant SNCB. (2) The written landscaping scheme must include details of all proposed hard and soft landscaping works including— (a) location, number, species, size and planting density of any proposed planting including any trees; and (b) implementation timetables for all landscaping works within Work No. 11. (3) The landscaping must be carried out in accordance with the approved written landscaping scheme. Code of construction practice 8 (1) No stage of the onshore works may commence until a code of construction practice (which must accord with the outline code of construction practice) for that stage has been submitted to and approved by the discharging authority in consultation with the relevant SNCB and the Environment Agency. (2) The onshore works must be constructed in accordance with the approved code of construction practice. Construction traffic management plan 9 (1) No stage of the onshore works may commence until for that stage a construction traffic management plan (which must accord with the outline construction traffic management plan) for that stage has been submitted to and approved by the discharging authority in consultation with National Highways. (2) The onshore works must be carried out in accordance with the approved construction traffic management plan. Permanent highway accesses 10 (1) No new permanent means of access to a highway to be used by vehicular traffic, or any permanent alteration to an existing means of access to a highway used by vehicular traffic may be formed until written details of the design, layout and siting of that new or altered access have been submitted to and approved by the discharging authority in consultation with the relevant highway authority. (2) The highway accesses must be constructed in accordance with the approved written details. Onshore archaeology 11 (1) Geoarchaeological and archaeological evaluation and mitigation must be carried out in accordance with the archaeological mitigation strategy. (2) No stage of the onshore works may commence until, for that stage, an archaeological written scheme(s) of investigation in accordance with the onshore outline written scheme(s) of investigation as appropriate for the relevant stage has been submitted to and approved by the discharging authority in consultation with Historic England. (3) The onshore works must be carried out in accordance with the written scheme(s) of investigation as applicable in each stage as approved under sub-paragraph (2). (4) Intrusive onshore site preparation works must not take place until an archaeological or geoarchaeological written scheme(s) of investigation, as appropriate, in accordance with the outline written scheme(s) of investigation has been submitted to and approved by the discharging authority in consultation with Historic England. The archaeological or geoarchaeological written scheme(s) of investigation required under this sub-paragraph must be implemented as approved. (5) The archaeological post investigation assessment must be completed in accordance with the programme set out in the archaeological mitigation strategy and any relevant written scheme of investigation, and provision made for analysis, publication, and dissemination of results and archive deposition. (6) For the purposes of this requirement “intrusive” in relation to onshore site preparation works means works within the onshore Order limits that require the breaking of the surface of the land. Ecological management plan 12 (1) No stage of the onshore works may commence until for that stage an ecological management plan in accordance with the outline landscape and ecological management strategy as appropriate for the relevant stage, has been submitted to and approved by the discharging authority in consultation with the relevant SNCB and the Environment Agency. (2) The ecological management plan(s) submitted under sub-paragraph (1) must include an implementation timetable and must be implemented as approved. (3) Onshore site preparation works must only take place in accordance with the relevant details set out in the outline landscape and ecology management strategy as certified in accordance with article 41 (certification of plans and documents, etc). Soil management plan 13 (1) No stage of the onshore works may commence until for that stage a soil management plan in accordance with the measures set out in the code of construction practice as appropriate for the relevant stage, has been submitted to and approved by the discharging authority in consultation with the relevant SNCB. (2) The onshore works must be carried out in accordance with the approved soil management plan(s). European protected species: onshore 14 (1) No stage of the onshore works other than surveying and investigation necessary to comply with this requirement may commence until, for that stage, pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by any part of that stage of the onshore works. (2) Where a European protected species is shown to be present, the relevant stage of the onshore works likely to affect the species must not commence until a scheme of protection and mitigation measures for that stage has been submitted to and approved by the discharging authority or a European protected species licence is granted by the relevant SNCB. (3) Each stage of the onshore works which requires a scheme of protection and mitigation measures in accordance with sub-paragraph (2) of this requirement must be carried out in accordance with the approved scheme as applicable in each stage. (4) In this paragraph, “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017. Groundwater monitoring 15 (1) No stage of the onshore works for which a groundwater monitoring plan is required in accordance with the “groundwater risk assessment and monitoring plan – private water supplies and licenced abstractions”, must be commenced until, for that stage, a groundwater monitoring plan produced in accordance with the Groundwater Risk Assessment and Monitoring Plan – Private Water Supplies and Licenced Abstractions (certified in accordance with article 40) has been submitted to and approved by the discharging authority in consultation with the Environment Agency. (2) Sub-paragraph (1) does not apply to any works or surveying and investigation necessary to inform the preparation of a groundwater monitoring plan. (3) Any plan approved under sub-paragraph (1) must be implemented as approved. Restoration of land used temporarily for construction 16 Unless provided for in requirement 20, any land landward of MLWS within the Order limits which is used temporarily for construction of the onshore works and not ultimately incorporated in permanent works or approved landscaping must be reinstated within twelve months of completion of the relevant stage of the onshore works Control of noise during operational stage 17 (1) The noise rating level for the standard operation of Work No. 11 (the onshore electrical substation) must not exceed— (a) 33dB LAr,Tr at any time at a free field location immediately adjacent to the following noise sensitive locations— (i) Normans Farm (grid reference 608446 228492); (ii) Mulberry Lodge (grid reference 608753 228577); (iii) Jubilee Villa (grid reference 609061 228932); and (b) 32dB LAr,Tr at any time at a free field location immediately adjacent to Hollylodge Farm (grid reference 609483 229368); and (c) 31dB LAr,Tr at any time at a free field location immediately adjacent to Grange Farm (grid reference 608681 230164). (2) Prior to the commencement of operation of Work No. 11, a noise investigation protocol must be submitted to and approved by the discharging authority. The protocol must set out a process for the investigation of cumulative operational noise from the proposed National Grid substation and the Five Estuaries substation as and when one or both becomes operational. (3) The determination of LAr,Tr must be in accordance with BS 4142:2014+A1:2019. The reference method set out in Annex D to BS 4142:2014+A1:2019 (or any successor thereto) must be used in the assessment of whether tonal penalties apply. The noise investigation protocol must identify— (a) the required meteorological and other conditions under which the measurements will be taken, acknowledging that data obtained during emergency operation or testing of certain plant and equipment is not to be taken into account, and (b) suitable monitoring locations (and alternative locations if appropriate). (4) Within 12 months of commencement of operation of Work No. 11, the undertaker must carry out noise evaluations at the noise sensitive locations listed in sub-paragraphs (1)(a), (1)(b) and (1)(c) and submit the results to the relevant discharging authority. If the noise rating levels are found to be exceeded, the undertaker must provide details of further noise monitoring and mitigation to be agreed in writing by the relevant discharging authority. (5) For the purposes of this requirement “standard operation” means the ordinary operation of the substations excluding emergency operation and the testing of plant and equipment associated with emergency operation. Skills and Employment Plan 18 (1) No stage of the authorised development may commence until a skills and employment plan, in accordance with the outline skills and employment plan has been submitted to and approved by the discharging authority, after consultation with Suffolk County Council. (2) The skills and employment plan must be implemented as approved. Onshore build options 19 (1) Subject to sub-paragraph (2), the undertaker may commence onshore works or exercise powers of compulsory acquisition under Part 5 of this Order, in relation to only either— (a) build option 1; or (b) build option 2. (2) Other than Work No. 9, the onshore works must not commence, nor powers of compulsory acquisition under Part 5 of this Order be exercised, until notification has been submitted to the discharging authority as to whether the undertaker intends to commence build option 1 or build option 2. The undertaker may commence or exercise powers of compulsory acquisition under Part 5 of this Order in relation only to either build option 1 or build option 2. Reuse of temporary works with the onshore works for Five Estuaries 20 (1) In the event that any temporary works which have been constructed pursuant to the Five Estuaries development consent order are proposed to be reused by the undertaker in connection with the authorised development, such reuse must not be commenced until a written scheme which accords with sub-paragraph (2) has been submitted to and approved by the discharging authority. (2) The written scheme to be submitted for approval under sub-paragraph (1) must include details of the temporary works to be reused and a timetable for their reuse, restoration or reinstatement. The written scheme must be implemented as approved. (3) Where in the event that any temporary works which have been constructed pursuant to this Order are to be subsequently used for the purposes of construction of Five Estuaries, the undertaker will not be required to maintain, restore or reinstate any such temporary works. Biodiversity net gain 21 (1) Work No. 11 and Work No. 12 must not be commenced until a biodiversity net gain assessment report (which must accord with the approach outlined in the biodiversity net gain strategy) in relation to that stage has been submitted to and approved by the discharging authority in consultation with the relevant SNCB. (2) The biodiversity net gain assessment report must be implemented as approved. Operational Drainage Strategy 22 (1) No part of Work No. 11 or Work No. 12 may commence until an operational drainage strategy for operation of that part has been submitted to and approved by the discharging authority in consultation with the Environment Agency. (2) The operational drainage strategy must be in accordance with the outline operational drainage strategy. (3) The operational drainage strategy must be implemented as approved. Horizontal directional drilling method statement 23 (1) No part of Work Nos. 4B, 4C, 4D, 6 or 12 may commence until a horizontal directional drill method statement and contingency plan for that part has been submitted to and approved by the discharging authority in consultation with the relevant SNCB and the Environment Agency. (2) The horizontal directional drill method statement and contingency plan must accord with the principles set out in the outline horizontal directional drill method statement and contingency plan. Public rights of way 24 (1) No stage of the onshore works may commence until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the streets plan, access to works plan and public rights of way plan for that stage has been submitted to and approved by the discharging authority. (2) The public rights of way management plan must be in accordance with the outline public rights of way management plan. (3) The public rights of way management plan must be implemented as approved. Offshore decommissioning 25 (1) The offshore works must not be commenced until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Act has been submitted to the Secretary of State for approval. (2) The undertaker must provide a copy of the written decommissioning programme submitted to the Secretary of State for approval under sub-paragraph (1) to the MMO. Onshore decommissioning 26 (1) A written scheme of decommissioning for the onshore works must be submitted to and approved by the discharging authority at least six months prior to any decommissioning works commencing. (2) The written scheme of decommissioning for the onshore works must include a code of construction practice and the approved scheme must be implemented as approved in the carrying out of any decommissioning works or relevant part of it. Requirement for written approval 27 Where under any of the above requirements the approval or agreement of the Secretary of State, the discharging authority or another person is required, that approval or agreement must be given in writing. Amendments to approved details 28 With respect to any requirement which requires the authorised development to be carried out in accordance with the written details, plan, strategy, scheme or other document approved under this Schedule, the approved written details, plan, strategy, scheme or other document are taken to include any amendments that may subsequently be approved or agreed by the Secretary of State, the discharging authority or another person. Obstacle free zone for navigational safety 29 (1) Unless otherwise agreed with the MCA, no wind turbine generator or offshore platform shall be installed within the area defined by the coordinates as specified in the table in sub-paragraph (3). (2) If agreement with the MCA is obtained pursuant to sub-paragraph (1) the undertaker must install any infrastructure in accordance with the details approved under sub-paragraph (1). (3) The coordinates referred to in sub-paragraph (1) are specified in the table— (1) Point | (2) Latitude | (3) Longitude A | 51° 45.7956’ N | 001° 51.5983’ E B | 51° 46.4522’ N | 001° 51.4674’ E C | 51° 47.7942’ N | 001° 56.0600’ E D | 51° 47.5410’ N | 001° 55.9115’ E E | 51° 46.7564’ N | 001° 53.2251’ E F | 51° 42.5994’ N | 001° 51.7675’ E G | 51° 40.9325’ N | 001° 52.0693’ E H | 51° 41.1844’ N | 001° 51.7142’ E I | 51° 41.7850’ N | 001° 51.6062’ E J | 51° 39.0314’ N | 001° 52.1008’ E K | 51° 39.4391’ N | 001° 52.3393’ E L | 51° 37.8725’ N | 001° 52.6222’ E M | 51° 37.7619’ N | 001° 52.3285’ E Galloper recommended route 30 (1) Unless otherwise agreed by the Secretary of State in consultation with the MCA, the undertaker must not commence any part of Work No. 1 or Work No. 2 until the MSC has ratified the proposal to remove the Galloper recommended route. (2) Unless otherwise agreed by the Secretary of State in consultation with the MCA, the undertaker must not install any surface-piercing infrastructure forming part of Work No. 1 or Work No. 2 until the MSC resolution to remove the Galloper recommended route has come into force. 31. Farmland Bird Compensation 31 (1) No part of Work No. 11 must be commenced until a FBCP has been submitted to and approved by the Secretary of State in consultation with the local planning authority for the area in which the compensation measure is to be provided. (2) The FBCP must include— (a) an updated assessment of the impact (if any) that Work No. 11 is likely to have on corn bunting based on the detailed design of Work No. 11 to include loss or displacement of territories; (b) where off-site habitat compensation is proposed to be taken forward to offset any impact identified in the updated assessment required under sub paragraph (a)— (i) a calculation of the quantum of compensation required to offset any impact identified in the updated assessment required under sub-paragraph (a) to be proportionate to the scale of likely impact; (ii) the location(s) where the compensation measures will be delivered and the suitability of that location or locations (including why the location(s) is appropriate ecologically and likely to support successful compensation), and confirmation that the necessary landowner agreement(s) are in place, including a review mechanism to provide for the scenario where it is necessary to amend the location(s) where the compensation measures will be delivered; (iii) details of the capacity and ability of the compensation areas to compensate for the impact of the authorised development on corn bunting; (iv) an implementation timetable for delivery including any arrangements made with a third party for implementation of the measures; (v) details for the ongoing management and maintenance of the compensation measures; (vi) details for the ongoing monitoring and reporting of the effectiveness of the compensation measures identified in the FBCP including survey methods, survey programmes, success criteria, and timescales for the monitoring reports to be delivered; (vii) details of any adaptive management measures, with details of the factors used to trigger any alternative and/or adaptive management measures; and (viii) details of how survey and monitoring data will be shared in the appropriate formats with the relevant Local Environmental Records Centre(s) and relevant national/regional environmental recording schemes, and any potential research collaborations; (c) provision for the option to be exercised by the undertaker, following consent in writing from the discharging authority, to pay a financial contribution to the Nature Restoration Fund wholly or partly in substitution for the provision of off-site habitat compensation or as an adaptive management measure for the purposes of sub-paragraph (b)(vii) above. The sum of the contribution is to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Nature Restoration Fund; (d) provision for the option to be exercised by the undertaker, following consent in writing from the discharging authority, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the provision of off-site habitat compensation or as an adaptive management measure for the purposes of sub-paragraph (b)(vii) above. The sum of the contribution is to be agreed between the undertaker and the discharging authority; and (e) provision for the option to be exercised by the undertaker, following consent in writing from the discharging authority, to collaborate with another party in the delivery of compensation measures wholly or partly in substitute for the provision of off-site habitat compensation or as an adaptive management measure for the purposes of sub-paragraph (b)(vii) above. (3) The undertaker must implement the measures set out in the FBCP approved by the discharging authority, unless otherwise agreed by the discharging authority following consultation with the local planning authority for the area in which the compensation measure is to be provided. (4) Results from the monitoring and reporting scheme referred to in paragraph (2)(b)(vi) must be submitted to the discharging authority in accordance with the approved FBCP and any adaptive management measures (if any are required) referred to in paragraph 2(b)(vii) must be implemented by the undertaker in accordance with the approved FBCP. (5) The FBCP approved under paragraph (1) includes any amendments that may subsequently be approved in writing by the discharging authority, including any amendments to the location where the compensation measures will be delivered as referred to in paragraph (2)(b)(ii). (6) This requirement ceases to have effect on the date that the onshore decommissioning of the authorised development is commenced. (7) In this requirement— (a) “Defra” means the Department for Environment, Food and Rural Affairs; (b) “FBCP” means Farmland Bird Compensation Plan; and (c) “Nature Restoration Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic mitigation measures to offset the adverse environmental impacts from development. PART 4 PROCEDURE FOR DISCHARGE OF REQUIREMENTS Interpretation 32 In this Part “application” means an application for any consent, agreement or approval required by a requirement whether or not the application seeks to discharge a requirement in whole or in part. Applications made under requirements 33 (1) Where an application has been made to the discharging authority for any agreement or approval required pursuant to a requirement included in this Order, the discharging authority must give notice to the undertaker of their decision, including the reasons, on the application, within a period of 8 weeks beginning with— (a) the day immediately following that on which the application is received by the discharging authority; (b) where further information is requested under paragraph 35, the day immediately following that on which further information has been supplied by the undertaker; or (c) such longer period as may be agreed by the undertaker and the discharging authority. (2) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 3 of Schedule 1 (requirements) to this Order, the discharging authority may— (a) give or refuse its consent, agreement or approval; or (b) give its consent, agreement or approval either subject to reasonable conditions, or unconditionally, and when consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with notice of the decision. (3) In the event that the discharging authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority is to be taken to have granted all parts of the application (without any condition or qualification) at the end of that period. Further information 34 (1) Where an application has been made under paragraph 33I the discharging authority has the right to request such reasonable further information from the undertaker as is necessary to enable it to consider the application. (2) If the discharging authority considers further information is needed, and the requirement does not specify that consultation with a requirement consultee is required, it must, within 21 days of receipt of the application, notify the undertaker in writing specifying the further information required. (3) If the requirement indicates that consultation must take place with a consultee the discharging authority must issue the consultation to the requirement consultee within five working days of receipt of the application. Where the consultee requires further information they must notify the discharging authority in writing specifying the further information required within 14 days of receipt of the consultation. The discharging authority must notify the undertaker in writing specifying any further information requested by the consultee within five working days of receipt of such a request. (4) In the event that the discharging authority does not give such notification as specified in sub-paragraphs (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker. Provision of information by Consultees 35 (1) Any consultee who receives a consultation under paragraph 34(3) must respond to that request within 28 days from receipt unless sub-paragraph (2) of this paragraph applies. (2) Where any consultee requests further information in accordance with the timescales set out in paragraph 34(3) then they must respond to the consultation within ten working days from the receipt of the further information requested. Fees 36 (1) Where an application is made to the discharging authority for agreement or approval in respect of a requirement the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (or any regulations replacing the same) is to be paid by the undertaker to the discharging authority in accordance with these regulations unless a bespoke arrangement has been agreed between the Applicant and discharging authority and legally secured. Appeal 37 (1) The undertaker may appeal to the Secretary of State in the event that (a) the discharging authority refuses an application for any consent, agreement or approval required by a requirement included in this Order or grants it subject to conditions (b) within the time period specified in sub-paragraph (2). (2) Any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 33 giving rise to the appeal referred to in sub-paragraph (1). (3) The appeal process is to be as follows— (a) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal (together with the undertaker, these are the “appeal parties”); (b) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person (the “appointed person”) to determine the appeal and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for their attention should be sent, the date of such notification being the “start date” for the purposes of this sub-paragraph (2); (c) the discharging authority and any consultee required to be consulted pursuant to the requirement which is the subject of the appeal must submit written representations to the appointed person in respect of the appeal within fifteen working days of the start date and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person; (d) the appeal parties must make any counter-submissions to the appointed person within ten working days of receipt of written representations pursuant to sub-paragraph (c); and (e) the appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable and in any event within 30 working days of the deadline for the receipt of counter-submissions pursuant to sub-paragraph (d). (4) The appointment of the person pursuant to sub-paragraph (3)(b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. (5) In the event that the appointed person considers that further information is necessary to consider the appeal, the appointed person must notify the appeal parties in writing specifying the further information required and the date by which the information is to be submitted and the appointed person must make any notification and set the date for the receipt of such further information having regard to the timescales in sub-paragraph (2). (6) Any further information required under sub-paragraph (5) must be provided by the appeal party from whom the further information was requested to the appointed person and other appeal parties, the discharging authority and any consultee required to be consulted pursuant to the requirement the subject of the appeal on the date specified by the appointed person (the “specified date”), and the appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within ten working days of the specified date but otherwise is to be in accordance with the process and time limits set out in sub-paragraphs (3)(c) to (3)(e). (7) On an appeal under this sub-paragraph, the appointed person may— (a) allow or dismiss the appeal; or (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not). (8) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the relevant time limits. (9) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case and may deal with the application as if it had been made to the appointed person in the first instance. (10) The decision of the appointed person on an appeal is to be final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review. (11) If an approval is given by the appointed person pursuant to this paragraph, it is to be deemed to be an approval for the purpose of Part 3 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination. (12) Save where a direction is given pursuant to sub-paragraph (13) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker. (13) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it.