The Dogger Bank South East and West Offshore Wind Farms Order 2026

2 Interpretation

(1) Except for Schedules 10 to 14, which are subject to the definitions in those Schedules, 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 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; “the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016; “the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017; “access to works plan” means the plan or plans certified by the Secretary of State as the access to works plan or plans for the purposes of this Order under article 42 (certification of plans and documents, etc; “address” includes any number or address used for the purposes of electronic transmission; “ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order which are not development within the meaning of section 32 (meaning of “development”) of the 2008 Act; “array cable” means a cable linking the wind turbine generators to each other and to the offshore converter platforms; “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 (meaning of “development”) of the 2008 Act; “authorised project” means the authorised development and 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 this Order under article 42 (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” means any onshore or offshore cable and includes direct-lay cables and cables laid in cable ducts and further includes fibre optic and other communications cables either within the cable or laid alongside; “cable crossing” means a crossing of existing subsea cables or pipelines or other existing infrastructure by a cable or, where cables run together in parallel, a set of cables authorised by this Order together with cable protection; “cable ducts” means conduits for the installation of cables; “cable protection” means measures to protect cables from physical damage and exposure due to loss of seabed sediment including, but not limited to, rock placement, concrete mattresses with or without frond devices, protective aprons or coverings, bagged solutions filled with sand, rock, grout or other materials, and protective shells; “cable statement” means the document certified by the Secretary of State as the cable statement for the purposes of this Order under article 42 (certification of plans and documents, etc.); “carriageway” has the same meaning as in section 329 (further provision as to interpretation) of the 1980 Act; “commence” means either— in relation to works seaward of MHWS, the first carrying out of any licensed marine activities authorised by the deemed marine licences, save for pre-construction surveys and monitoring approved under the deemed marine licences; or in respect of any other works, the first carrying out of any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part of the authorised project except for pre-commencement works; and and the words “commenced” and “commencement” 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; “commissioning” means the process of assuring that all systems and components of the authorised project are tested to verify that they function and are operable in accordance with the design objectives, specifications and operational requirements of the undertaker; “commitments register” means the document certified by the Secretary of State as the commitments register for the purposes of this Order under article 42 (certification of plans and documents, etc.); “DBS East” means the Dogger Bank South East Offshore Wind Farm; “DBS East Project” means the DBS East Project offshore works and the DBS East Project onshore works; “DBS East Project offshore works” means Work Nos. 1A to 9A and any other authorised development and ancillary works associated with those works; “DBS East Project onshore works” means Work Nos. 10A to 34A and any other authorised development and ancillary works associated with those works; “DBS East works” means Work Nos. 1A to 34A; “DBSEL” means RWE Renewables UK Dogger Bank South (East) Limited, company number 13656240, whose registered office is Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, England, SN5 6PB; “DBS West” means the Dogger Bank South West Offshore Wind Farm; “DBS West Project” means the DBS West Project offshore works and the DBS West Project onshore works; “DBS West Project offshore works” means Work Nos. 1B to 9B and any other authorised development and ancillary works associated with those works; “DBS West Project onshore works” means Work Nos. 10B to 34B and any other authorised development and ancillary works associated with those works; “DBS West works” means Work Nos. 1B to 34B; “DBSWL” means RWE Renewables UK Dogger Bank South (West) Limited, company number 13656525, whose registered office is Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, England, SN5 6PB; “Deemed Marine Licence 1” means the deemed marine licence in Schedule 10 (Deemed Marine Licence 1: DBS East Project Offshore Generation – Work Nos. 1A, 4A and 7A); “Deemed Marine Licence 2” means the deemed marine licence in Schedule 11 (Deemed Marine Licence 2: DBS West Project Offshore Generation – Work Nos. 1B, 4B and 7B); “Deemed Marine Licence 3” means the deemed marine licence in Schedule 12 (Deemed Marine Licence 3: DBS East Project Offshore Transmission – Work Nos. 2A, 3A, 7A and 8A); “Deemed Marine Licence 4” means the deemed marine licence in Schedule 13 (Deemed Marine Licence 4: DBS West Project Offshore Transmission – Work Nos. 2B, 3B, 7B and 8B); “Deemed Marine Licence 5” means the deemed marine licence in Schedule 14 (Deemed Marine Licence 5: DBS East Project Offshore Transmission – Work Nos. 5A and 7A); “Deemed Marine Licence 6” means the deemed marine licence in Schedule 14A (Deemed Marine Licence 6: DBS West Project Offshore Transmission Work Nos. 5B and 7B); “deemed marine licences” means the deemed marine licences set out in Schedule 10 (Deemed Marine Licence 1: DBS East Project Offshore Generation – Work Nos. 1A, 4A and 7A), Schedule 11 ( Deemed Marine Licence 2: DBS West Project Offshore Generation – Work No. 1B, 4B and 7B), Schedule 12 (Deemed Marine Licence 3: DBS East Project Offshore Transmission – Work Nos. 2A, 3A, 7A and 8A), Schedule 13 (Deemed Marine Licence 4: DBS West Project Offshore Transmission – Work Nos. 2B, 3B, 7B and 8B), Schedule 14 (Deemed Marine Licence 5: DBS East Project Offshore Transmission – Work Nos. 5A and 7A), and Schedule 14A (Deemed Marine Licence 6: DBS West Project Offshore Transmission – Work Nos. 5B and 7B); “Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire WS14 9PY and any successor body to its functions; “design and access statement” means the document certified by the Secretary of State as the design and access statement for the purposes of this Order under article 42 (certification of plans and documents, etc.); “Dogger Bank SAC” means the site designated as the Dogger Bank Special Area of Conservation; “drainage authority” means in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991; “Environment Agency” means the Environment Agency, Horizon House, Deanery Road, Bristol, BS1 5AH and any successor in name or function; “environmental statement” means the documents certified by the Secretary of State as the environmental statement for the purposes of this Order under article 42 (certification of plans and documents, etc.); “guillemot compensation plan” means the document certified by the Secretary of State as the guillemot compensation plan for the purposes of this Order under Article 42 (certification of plans and documents, etc.); “haul road” means the track along the onshore export cable corridor used by traffic to facilitate access to the onshore export cable route for construction; “highway” and “highway authority” has the same meaning as in the 1980 Act; “horizontal directional drilling” refers to a trenchless technique for installing cables and cable ducts involving drilling in an arc between two points; “HVAC” means high voltage alternating current; “HVDC” means high voltage direct current; “in principle monitoring plan” means the document certified by the Secretary of State as the in principle monitoring plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “in principle Site Integrity Plan for the Southern North Sea Special Area of Conservation” means the document certified by the Secretary of State as the in principle Site Integrity Plan for the Southern North Sea Special Area of Conservation for the purposes of this Order under Article 42 (certification of plans and documents, etc.); “inter-platform cable” means a cable linking the offshore converter platforms; “intrusive” means an activity that requires or is facilitated by breaking the surface of the ground or seabed (but does not include the installation of fence or signage posts); “jacket foundation” means a lattice type structure constructed of steel which is fixed to the seabed at 3 or more points with steel pin piles and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms; “jointing bay” means an underground structure located at regular intervals along the cable route to join sections of cable and facilitate installation of the cable into the buried cable ducts; “kittiwake compensation plan” means the document certified by the Secretary of State as the kittiwake compensation plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order under article 42 (certification of plans and documents, etc.); “LAT” means lowest astronomical tide; “lead local flood authority” has the same meaning as in section 6(7) (other definitions) of the Flood and Water Management Act 2010; “link box” means an underground metal box placed within a concrete pit where the metal sheaths between adjacent export cable sections are connected and earthed, installed within a ground level manhole to allow access to the link box for regular maintenance or fault-finding purposes; “maintain” includes inspect, upkeep, repair, adjust, alter, and further includes remove, reconstruct and replace (including replenishment of cable protection), but does not include the removal, reconstruction or replacement of foundations associated with the authorised project, to the extent assessed in the environmental statement; and any derivative of “maintain” must be construed accordingly; “MCA” means the Maritime and Coastguard Agency, UK Technical Services Navigation, Spring Place, 105 Commercial Road, Southampton, SO15 1EG; “mean sea level” means the average level of the sea surface over a period of time, taking account of all tidal effects and surge events; “MHWS” or “mean high water springs” means the average throughout the year of two successive high waters during a 24-hour period in each month when the range of the tide is at its greatest (Spring tides); “MLWS” or “mean low water springs” means the lowest level that 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 or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment; “National Highways” means National Highways Limited (company number 09346363) whose registered office is at 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; “offshore accommodation platform” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and open with modular equipment or fully clad and may include a helicopter platform, containing accommodation, storage, workshop auxiliary equipment and facilities for operating, maintaining and controlling the offshore converters or wind turbine generators, including but not limited to navigation, aviation and safety marking and lighting, systems for vessel access and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities “offshore converter platform” means an offshore converter platform with equipment to convert the HVAC power generated at the wind turbine generators into HVDC power, being a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and open with modular equipment or fully clad and may include a helicopter platform, containing electrical equipment required to switch, transform, convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation, including but not limited to high voltage power transformers, high voltage switchgear and busbars, substation auxiliary systems and low voltage distribution, instrumentation, metering equipment and control systems, standby generators, shunt reactors, auxiliary and uninterruptible power supply systems, facilities to support operations and maintenance; “offshore order limits and grid coordinates plan” means the plans certified by the Secretary of State as the offshore order limits and grid coordinates plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “offshore works” means Work Nos. 1A to 9A and 1B to 9B and any related further associated development in connection with those works; “onshore HVDC converter station” means a compound comprising an onshore HVDC converter station containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation, with external landscaping and means of access; “onshore order limits and grid coordinates plan” means the plan certified by the Secretary of State as the onshore order limits and grid coordinates plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “onshore works” means Work Nos. 10A to 34A and 10B to 34B and any related further associated development in connection with those works; “Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference; “Order limits” means the limits shown on the works plans within which the authorised project may be carried out, whose offshore grid coordinates are set out in Part 1 of Schedule 1 (authorised project) of this Order; “outline code of construction practice” means the document certified by the Secretary of State as the outline code of construction practice for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline construction traffic management plan” means the document certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline drainage strategy” means the document certified by the Secretary of State as the outline drainage strategy for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline ecological management plan” means the document certified by the Secretary of State as the outline ecological management plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline fisheries liaison and co-existence plan” means the document certified by the Secretary of State as the outline fisheries liaison and co-existence plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline landscape management plan” means the document certified by the Secretary of State as the outline landscape management plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline marine mammal mitigation protocol” means the document certified by the Secretary of State as the outline marine mammal mitigation protocol for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline offshore operations and maintenance plan” means the document certified by the Secretary of State as the outline offshore operations and maintenance plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline onshore written scheme of investigation” means the document certified by the Secretary of State as the outline onshore written scheme of investigation for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline project environmental management plan” means the document certified by the Secretary of State as the outline project environmental management plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline public rights of way management plan” means Appendix C of the document certified by the Secretary of State as the outline code of construction practice for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline scour protection plan” means the document certified by the Secretary of State as the outline scour protection plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline skills and employment strategy” means the document certified by the Secretary of State as the outline skills and employment strategy for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline vessel traffic monitoring plan” means the document certified by the Secretary of State as the outline vessel traffic monitoring plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “outline written scheme of investigation (offshore)” means the document certified by the Secretary of State as the outline written scheme of investigation (offshore) for the purposes of this Order under article 42 (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; “pre-commencement works” means site clearance, demolition, early planting of landscaping works, archaeological investigations, environmental surveys, ecological mitigation, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, the diversion and laying of services, the erection of any temporary screening and means of enclosure, site security works, creation of temporary hardstanding, erection of welfare facilities, creation of site accesses, the temporary display of site notices or advertisements and any drainage works required as a result of any other pre-commencement work; “pre-existing ducts” means the ducts to be installed at landfall forming part of Work Nos. 3A, 3B, 8A and 8B. “public communications provider” has the same meaning as in section 151(1) (interpretation of chapter 1) of the 2003 Act; “public holiday” means a public holiday in England and Wales established by common law; “public rights of way plan” means the plan certified by the Secretary of State as the public rights of way plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “relevant highway authority” means in any provision of this Order the highway authority for any area of land to which the relevant provision relates; “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; “requirement” means, or a reference to a numbered requirement is to, those matters set out in Part 1 of Schedule 2 (requirements) to this Order; “scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including by the use of bagged solutions, filled with grout or other materials, protective aprons, concrete mattresses with or without frond devices, and rock and gravel placement; “special category land plan” means the plan certified by the Secretary of State as the special category land plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “statutory historic body” means Historic England, 4th Floor, Cannon Bridge House, 25 Dowgate Hill, London EC4R 2YA or its successor in function; “statutory nature conservation body” means a statutory nature conservation body, being the appropriate nature conservation body as defined in Regulation 5 of the Conservation of Habitats and Species Regulations 2017 or its equivalent in the Conservation of Offshore Marine Habitats and Species Regulations 2017; “statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and a public communications provider as defined in section 151 (interpretation of chapter 1) of the 2003 Act; “street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street; “street authority”, in relation to a street, has the same meaning as Part 3 of the 1991 Act; “streets plan” means the plan certified by the Secretary of State as the streets plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “temporary construction compound” means a temporary construction area associated with the onshore works including (as required) but not limited to hardstanding, temporary fencing, lighting, ground preparation, site offices and workshop facilities, general storage, storage of plant, storage of spoil, cable drums, ducting and other construction materials; welfare facilities; car parking; waste management, lay-down areas; bunded generators; fuel storage or any other means of enclosure or areas required for construction purposes; “transition joint bay” means an underground structure that houses the joints between the offshore export cables and the onshore export cables; “transition piece” means a metal structure attached to the top of a foundation where the base of a wind turbine generator is connected and includes additional equipment such as J-tubes, corrosion protection systems, boat access systems, access platforms, craneage, electrical transmission equipment and associated equipment; “tree preservation order and hedgerow plan” means the plan certified by the Secretary of State as the tree preservation order and hedgerow plan for the purposes of this Order under article 42 (certification of plans and documents, etc.); “trenchless crossing compound” means a construction site associated with trenchless crossing works including hard standing, lay down and storage areas for construction materials and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas comprising water and bentonite tanks, pumps and pipes, welfare facilities including offices and canteen and washroom facilities, wheel washing facilities, workshop facilities and temporary fencing or other means of enclosure and areas for other facilities required for construction purposes; “Trinity House” means the Corporation of Trinity House of Deptford Strond, Tower Hill, London EC3N 4DH; “undertaker” means, subject to article 5 (benefit of the Order)— for the purposes of constructing, maintaining, operating and decommissioning the DBS East works and any related ancillary works, DBSEL; for the purposes of constructing, maintaining, operating and decommissioning the DBS West works and any related ancillary works, DBSWL; and in any other case, DBSEL and DBSWL; “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, 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, a rotor with three blades connected at the hub, a nacelle and ancillary electrical and other equipment which may include J-tubes, transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter transfer facilities and other associated equipment, fixed to a foundation or transition piece; “working day” means a day which is not a weekend, bank holiday or public holiday in England; “works plans” means the works plans (offshore) and the works plans (onshore); “works plans (offshore)” means the plans certified by the Secretary of State as the works plans (offshore) for the purposes of this Order under article 42 (certification of plans and documents, etc.); and “works plans (onshore)” means the plans certified by the Secretary of State as the works plans (onshore) for the purposes of this Order under article 42 (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 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 6 in Part 1 of Schedule 2 (requirements); (b) conditions 1 to 5 in Part 2 of Schedule 10 (conditions); (c) conditions 1 to 5 in Part 2 of Schedule 11 (conditions); (d) conditions 1 to 3 in Part 2 of Schedule 12 (conditions); (e) conditions 1 to 3 in Part 2 of Schedule 13 (conditions); (f) condition 1 in Part 2 of Schedule 14 (conditions); (g) condition 1 in Part 2 of Schedule 14A (conditions). (4) References in this Order to numbered works are references to the works as numbered in Part 1 of Schedule 1 (authorised development). (5) Unless otherwise stated, references in this Order to points identified by letters are references to the points so lettered on the works plans. (6) References in this Order to coordinates are references to coordinates on the World Geodetic System 1984 datum. (7) The expression “includes” must be construed without limitation unless the contrary intention appears. (8) Any reference to any statute, order, regulation or similar instrument in this Order must be construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any re-enactment.