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

SCHEDULE 2

Article 3 PART 1 Requirements Time limits 1 (1) The DBS East Project must commence no later than the expiration of seven years beginning with the date this Order comes into force. (2) The DBS West Project must commence no later than the expiration of seven years beginning with the date this Order comes into force. Detailed offshore design parameters Wind turbine generator dimensions 2 (1) Subject to sub-paragraph (2), wind turbine generators forming part of the authorised project must not— (a) exceed a height of 376.8 metres when measured from MHWS to the tip of the vertical blade; (b) exceed a rotor diameter of 344.08 metres; (c) be less than 830 metres from the nearest wind turbine generator in any direction; (d) have a distance of less than 34 metres between the lowest point of the rotating blade of the wind turbine generator and mean sea level; (e) exceed 100 wind turbine generators in respect of the DBS East Project offshore works; or (f) exceed 100 wind turbine generators in respect of the DBS West Project offshore works. (2) References to the location of a wind turbine generator are references to the centre point at the base of the wind turbine generator. Wind turbine generator foundations 3 (1) Wind turbine generator foundations must be one or more of the following options: piled monopile foundation or piled jacket foundation. (2) Any wind turbine generator piled monopile foundations must not have a pile diameter exceeding 15 metres. (3) Any wind turbine generator piled jacket foundation must not have— (a) more than four legs; (b) more than four piles; or (c) a pile diameter exceeding four metres. (4) Within Work No. 1A, the wind turbine generator foundations must not have— (a) a total combined seabed footprint (including scour protection) exceeding 311,725 square metres; or (b) a total combined amount of scour protection exceeding 302,221.21 square metres. (5) Within Work No. 1B, the wind turbine generator foundations must not have— (a) a total combined seabed footprint (including scour protection) exceeding 311,725 square metres; or (b) a total combined amount of scour protection exceeding 302,221.21 square metres. Offshore converter platform dimensions 4 (1) The total number of offshore converter platforms and offshore accommodation platforms in respect of the authorised project must not exceed two, consisting of one offshore converter platform and one offshore accommodation platform. (2) The dimensions of any offshore converter platform and offshore accommodation platform (excluding helidecks, lightning protection, towers, masts and cranes) must not exceed— (a) 125 metres in length; (b) 100 metres in width; or (c) 105 metres in height above LAT. Offshore converter platform foundations 5 (1) Offshore converter platforms and offshore accommodation platform foundations must be of one or more of the following foundation options: piled monopile, or piled jacket. (2) Any offshore converter platform or offshore accommodation platform piled monopile foundation must not have a pile diameter exceeding 15 metres. (3) Any offshore converter platform or offshore accommodation platform piled jacket foundation must not have— (a) more than eight legs; (b) more than eight piles; or (c) a pile diameter exceeding 3.8 metres. (4) Any offshore converter platform or offshore accommodation platform foundation must not have— (a) a seabed footprint (including scour protection) exceeding 5,411 square metres for piled monopile or piled jacket foundations; or (b) a seabed footprint (excluding scour protection) exceeding 177 square metres for piled monopile or piled jacket foundations. (5) Within Work Nos. 4A and 4B, the offshore accommodation platform foundations must not have— (a) a total combined seabed footprint (including scour protection) exceeding 5,411 square metres; or (b) a total combined amount of scour protection exceeding 5,234 square metres. (6) Within Work Nos. 2A and 2B, the offshore converter platform foundations must not have— (a) a total combined seabed footprint (including scour protection) exceeding 10,822 square metres; or (b) a total combined amount of scour protection exceeding 10,468 square metres. (7) The total volume of scour protection for wind turbine generators, offshore converter platforms and offshore accommodation platforms must not exceed 1,067,840 cubic metres. Cables and cable protection 6 (1) Within Work No. 1A the array cables must not, in total— (a) exceed 350 kilometres in length; (b) exceed 20 cable crossings; (c) have cable protection (including cable crossings) exceeding 375,780 square metres in area; or (d) have cable protection (including cable crossings) exceeding 219,115 cubic metres in volume. (2) Within Work No. 1B the array cables must not, in total— (a) exceed 350 kilometres in length; (b) exceed 20 cable crossings; (c) have cable protection (including cable crossings) exceeding 375,780 square metres in area; or (d) have cable protection (including cable crossings) exceeding 219,115 cubic metres in volume. (3) Within Work No. 2A the inter-platform cables must not, in total— (a) exceed 1 in number; (b) exceed 23 kilometres in length; (c) exceed 1 cable crossing; (d) have cable protection (including cable crossings) exceeding 43,203 square metres in area; or (e) have cable protection (including cable crossings) exceeding 39,207 cubic metres in volume. (4) Within Work No. 2B the inter-platform cables must not, in total— (a) exceed 1 in number; (b) exceed 23 kilometres in length; (c) exceed 1 cable crossing; (d) have cable protection (including cable crossings) exceeding 43,203 square metres in area; or (e) have cable protection (including cable crossings) exceeding 39,207 cubic metres in volume. (5) Within Work No. 3A, the offshore export cables must not, in total— (a) exceed 2 in number; (b) exceed 376 kilometres in length; (c) exceed 12 cable crossings; (d) have cable protection (including cable crossings) exceeding 576,021 square metres in area; or (e) have cable protection (including cable crossings) exceeding 522,615 cubic metres in volume. (6) Within Work No. 3B the offshore export cables must not, in total— (a) exceed 2 in number; (b) exceed 306 kilometres in length; (c) exceed 12 cable crossings; (d) have cable protection (including cable crossings) exceeding 470,350 square metres in area; or (e) have cable protection (including cable crossings) exceeding 426,747 cubic metres in volume. (7) Within Work Nos. 5A and 5B the inter-platform cables must not, in total— (a) exceed 3 in number; (b) exceed 138 kilometres in length; (c) exceed 9 cable crossings; (d) have cable protection (including cable crossings) exceeding 286,808 square metres in area; or (e) have cable protection (including cable crossings) exceeding 260,234 cubic metres in volume. (8) Within Work Nos. 8A and 8B the offshore export cables must not, in total— (a) exceed 4 in number; (b) involve cable crossings; or (c) have any cable protection. Offshore decommissioning 7 (1) The DBS East Project 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) of the 2004 Act (requirement to prepare decommissioning programmes) has been submitted to the Secretary of State for approval. (2) The DBS West Project 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) of the 2004 Act (requirement to prepare decommissioning programmes) has been submitted to the Secretary of State for approval. Phases of authorised development 8 (1) The DBS East Project onshore works must not be commenced until a written scheme setting out the phases of construction of the DBS East Project onshore works has been submitted to and approved by the relevant planning authority. (2) The DBS West Project onshore works must not be commenced until a written scheme setting out the phases of construction of the DBS West Project onshore works has been submitted to and approved by the relevant planning authority. (3) Any subsequent amendments to any written scheme submitted for approval under sub-paragraphs (1) or (2) must be submitted to, and approved by, the relevant planning authority. (4) Each written scheme submitted for approval under sub-paragraphs (1) or (2) scheme must be implemented as approved. The approved details shall be taken to include any further amendment that may subsequently be approved in accordance with sub-paragraph (3). (5) The DBS East Project onshore works must not be commenced until notification has been submitted to the relevant planning authority by the undertaker as to whether DBSWL intends to commence development of the DBS West Project. (6) The notification required under sub-paragraph (5) must be submitted to the relevant planning authority prior to any submission of a written scheme to be submitted for approval under sub-paragraphs (1) or (2). (7) If the notification submitted under sub-paragraph (5) gives notice that DBSWL does not intend to commence development of the DBS West Project, DBSEL must not commence construction of Work No. 25A. (8) If the notification submitted under sub-paragraph (5) gives notice that DBSWL does intend to commence development of the DBS West Project, DBSEL must not commence construction of Work No. 26A. Detailed design parameters onshore 9 (1) Construction of Work Nos. 25A or 26A (as appropriate in accordance with requirement 8) must not be commenced until the details specified under sub-paragraph (3) have been submitted to and approved in writing by the relevant planning authority. (2) Construction of Work No. 26B must not be commenced until the details specified under sub-paragraph (3) have been submitted to and approved in writing by the relevant planning authority. (3) The details required for approval under sub-paragraphs (1) or (2) are— (a) layout; (b) scale, which must not exceed— (i) 24 metres in height; and (ii) a maximum footprint of 32,208 square metres for each onshore converter station; (c) proposed finished ground levels; (d) external appearance and materials; (e) hard surfacing materials; (f) vehicular and pedestrian access and parking areas; (g) minor structures, such as furniture, refuse or other storage units, signs and external lighting; and (h) proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports. (4) The details submitted under sub-paragraphs (1) or (2) must be in accordance with the design and access statement. (5) Work Nos. 25A or 26A and 26B must be carried out in accordance with the details approved under sub-paragraphs (1) or (2) for each work. Provision of landscaping 10 (1) No phase of the onshore works maybe commenced until a written landscape management plan (which accords with the outline landscape management plan) for that phase has been submitted to, and approved by, the relevant planning authority. (2) Pre-commencement early planting of landscaping works must only take place in accordance with a specific written landscape management plan for early planting of landscaping works (which accords with the relevant details for early planting of landscaping works in the outline landscape management plan) that has been submitted to and approved by the relevant planning authority. (3) Each landscape management plan must include details of all proposed hard and soft landscaping works, including— (a) surveys, assessments and method statements; (b) location, number, species, size and planting density of any proposed planting; (c) cultivation, treatment of materials and other operations to ensure plant establishment; (d) proposed finished ground levels; (e) details of existing trees and hedges to be removed and details of existing trees and hedges to be retained, with measures for their protection during the construction period where applicable and the details provided should be in accordance with British Standard 5837:2012 “Trees in relation to design, demolition and construction” and the Hedgerow Regulations 1997; and (f) implementation timetables for all landscaping works, including proposals for reinstatement. (4) The details submitted under sub-paragraphs (2) and (3) must be in accordance with the design and access statement. (5) A landscape management plan submitted under sub-paragraph (1) may cover one or more phase of the onshore works. (6) Each landscape management plan must be implemented as approved. Implementation and maintenance of landscaping 11 (1) All landscaping works must be carried out in accordance with a landscape management plan approved under requirement 10 (provision of landscaping). (2) Any tree or shrub planted as part of an approved landscape management plan that— (a) within five years after planting; or (b) in relation to Work Nos. 22A(g), 22B(g), 24A, 24B, 27A, 27B, 29A and 29B at any time during the operational lifetime of the authorised development, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, then that tree or shrub must be replaced in the next planting season with a specimen of the same species and size as that originally planted, unless otherwise agreed by the relevant planning authority. Ecological management plan 12 (1) No phase of the onshore works may be commenced until a written ecological management plan (which accords with the outline ecological management plan) for that phase reflecting the survey results and ecological mitigation and enhancement included in the environmental statement has been submitted to and approved by the relevant planning authority in consultation with the relevant statutory nature conservation body and (where works have potential to affect wetland habitat) the Environment Agency. (2) Pre-commencement site clearance works must only take place in accordance with a specific written ecological management plan for site clearance works (which accords with the relevant details for pre-commencement site clearance works in the outline ecological management plan) has been submitted to and approved by the relevant planning authority in consultation with the relevant statutory nature conservation body and (where works have potential to affect wetland habitat) the Environment Agency. (3) An ecological management plan submitted under sub-paragraph (1) may cover one or more phase of the onshore works. (4) An ecological management plan submitted under sub-paragraph (1) must include an implementation timetable. (5) Each ecological management plan must be implemented as approved. Permanent fencing and other means of enclosure 13 (1) No phase of the onshore works may be brought into commercial operation until details of all proposed permanent fences, walls or other means of enclosure for that phase have been submitted to and approved by the relevant planning authority. (2) The details submitted under sub-paragraph (1) must be in accordance with the design and access statement. (3) All permanent fencing, walls and other means of enclosure must be implemented in accordance with the details approved under sub-paragraph (1). (4) Any permanent fencing in relation to Work Nos. 25A or 26A and 26B approved under sub-paragraph (1) must be completed before that work is brought into commercial operation. (5) Any details submitted under sub-paragraph (1) may cover one or more phase of the onshore works. (6) Permanent fencing, walls and other means of enclosure approved under sub-paragraph (1) must be provided and maintained until the onshore works to which they relate are decommissioned in accordance with the onshore decommissioning plan approved under requirement 27. Traffic and Transport 14 (1) No phase of the onshore works may be commenced until a construction traffic management plan (which must be in accordance with the outline construction traffic management plan) for that phase has been submitted to and approved by the relevant planning authority in consultation with— (a) the relevant highway authority; and/or (b) National Highways; and/or (c) Hull City Council, as specified in the outline construction traffic management plan. (2) Any plan submitted under sub-paragraph (1) may cover one or more phase of the onshore works. (3) Each plan approved under sub-paragraph (1) must be implemented as approved upon commencement of the relevant phase of the onshore works. Highway accesses 15 (1) No construction of any new permanent or temporary means of access to a highway, or alteration, or use of an existing means of access to a highway, may not commence until an access plan for that access has been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority. (2) The access plan must include details of the siting, design, layout, visibility splays, access management measures, lighting, signing, safety measures, swept path analysis and a maintenance programme relevant to the access it relates to. (3) The highway accesses (including visibility splays) must be constructed and maintained in accordance with the approved details. Pre-commencement, Construction and Operational Drainage Strategy 16 (1) No phase of the onshore works may be commenced until a written plan for drainage during construction of the relevant phase has been submitted to and approved by the relevant planning authority in consultation with the lead local flood authority, relevant drainage authority and the Environment Agency. (2) No pre-commencement works may be carried out until a specific written plan for drainage for the relevant pre-commencement works has been submitted to and approved or agreed not required by the relevant planning authority in consultation with the lead local flood authority, relevant drainage authority and the Environment Agency. (3) No phase of the onshore works may be commenced until a written plan for drainage during operation of the relevant work, has been submitted to and approved by the relevant planning authority in consultation with the lead local flood authority, relevant drainage authority and the Environment Agency. (4) Each pre-commencement drainage strategy, construction drainage strategy and operational drainage strategy must— (a) accord with the principles for the relevant phase set out in the outline drainage strategy; (b) include a timetable for implementation; and (c) include provision for the maintenance of any measures identified. (5) Each pre-commencement drainage strategy, construction drainage strategy and operational drainage strategy must be implemented as approved. (6) A construction drainage strategy and operational drainage strategy submitted under sub-paragraphs (1) and (2) may cover one or more phases. Foul Water Drainage 17 (1) No phase of the onshore works may be commenced until written details of the foul water drainage system, if any, (including means of pollution control) for the construction of that phase of the onshore works have been submitted to and approved by the relevant drainage and sewerage authorities in consultation with the lead local flood authority and the Environment Agency. (2) No phase of the onshore works may be commenced until written details of the foul water drainage system, if any, (including means of pollution control) for the operation of that phase of the onshore works have been submitted to and approved by the relevant drainage and sewerage authorities in consultation with the lead local flood authority and the Environment Agency. (3) The foul water drainage system must be constructed, operated and maintained in accordance with the approved written details. (4) Written details submitted under sub-paragraphs (1) and (2) may cover one or more phase of the onshore works. Onshore Archaeology 18 (1) No phase of the onshore works may be commenced until a written scheme of archaeological investigation for that phase (which must accord with the outline onshore written scheme of investigation) has, after consultation with the statutory historic body, been submitted to and approved by the relevant planning authority in consultation with the statutory historic body. (2) Each scheme must— (a) set out a pre-construction programme of archaeological evaluation that defines the extent and character of archaeological sites and identifies where subsequent archaeological mitigation (i.e. archaeological excavation or monitoring) are required; (b) set out the programme and methodology for site investigation and recording; (c) set out the programme for post-excavation assessment, the results of which may inform the scope of analysis; (d) include provision for analysis of the site investigation and recording; (e) include provision for publication and dissemination of the analysis and records of the site investigation; (f) include provision for archive deposition of the analysis and records of the site investigation; and (g) nominate a competent person or organisation to undertaker the works set out in the written scheme of investigation. (3) A written scheme of archaeological investigation or archaeological monitoring works submitted under sub-paragraph (1) may cover one or more phase of the onshore works. (4) All archaeological investigations must be carried out in accordance with the relevant written scheme approved under sub-paragraph (1). (5) The pre-construction archaeological evaluation, archaeological site investigations, archaeological monitoring and post-excavation assessment for each phase must be completed for that phase in accordance with the programme set out in the relevant written scheme of archaeological investigation and provision made for analysis, publication and dissemination of results and archive deposition secured for that phase. (6) For the purposes of this requirement 18 only, the definition of “commence” includes intrusive archaeological investigations. Code of construction practice 19 (1) No phase of the onshore works may be commenced until a code of construction practice (which must accord with the outline code of construction practice) for that phase has been submitted to and approved by the relevant planning authority in consultation as appropriate with the Environment Agency, the relevant statutory nature conservation body and the MMO where required. (2) A code of construction practice submitted under sub-paragraph (1) may cover one or more phase of the onshore works. (3) All construction works for each phase must be undertaken in accordance with the relevant approved code of construction practice. (4) Pre-commencement screening and fencing works must only take place in accordance with a specific plan for such pre-commencement works which must accord with the relevant details for screening and fencing security set out in the outline code of construction practice, and which has been submitted to and approved by the relevant planning authority following consultation with the relevant statutory nature conservation body. (5) All temporary fencing must be removed on completion of the relevant phase of the onshore works unless otherwise approved by the relevant planning authority. (6) All pre-commencement screening and fencing works must be removed on completion of the relevant pre-commencement works unless otherwise approved by the relevant planning authority. Construction hours for the onshore works 20 (1) Construction work for the onshore works must only take place between 0700 hours and 1900 hours Monday to Saturday, with no activity on Sundays, bank holidays or public holidays, except as specified in sub-paragraphs (2) to (4). (2) Outside the hours specified in sub-paragraph (1), construction work may be undertaken for essential activities including but not limited to— (a) continuous periods of operation that are required as assessed in the environmental statement, such as concrete pouring, drilling, and pulling cables (including fibre optic cables) through ducts and trenchless crossings; (b) internal fitting out works associated with the onshore HVDC converter station buildings comprised within Work Nos. 25A or 26A and 26B; (c) delivery of abnormal loads to the onshore works that may otherwise cause congestion on the local road network; (d) the testing or commissioning of any electrical plant installed as part of the onshore works; (e) security monitoring; or (f) activity necessary in the instance of an emergency or where there is an immediate risk to persons, the environment, delivery of electricity, or property. (3) Save for emergency works, full details, including but not limited to type of activity, vehicle movements and type, timing and duration and any proposed mitigation, of all essential construction activities under sub-paragraph (2) and undertaken outside of the hours specified in sub-paragraph (1) must be approved by the relevant planning authority in writing in advance, and must be carried out within the agreed time. (4) In the event of an emergency, notification of that emergency must be given to the relevant planning authority and the relevant highway authority as soon as reasonably practicable. (5) For the purposes of this requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action. Control of noise during operational phase 21 (1) Prior to the commencement of Work No. 25A or 26A a noise management plan for those works must be submitted to and approved by the relevant planning authority. (2) Prior to the commencement of Work No. 26B a noise management plan for that work must be submitted to and approved by the relevant planning authority. (3) Any noise management plan submitted under sub-paragraphs (1) or (2) must set out the particulars of— (a) an assessment of noise from the converter station, demonstrating that the rating level of the converter station sound (determined in accordance with British Standard 4142:2014+A1:2019 ‘Methods for rating and assessing industrial and commercial noise’) must not exceed the following levels at daytime (0700 – 2300 hours) and nighttime (2300 – 0700 hours) at the stated properties (OSGB coordinates provided)— (i) 50 dB(A) daytime and 40 dB(A) nighttime at Butt Farm, Victoria Road (X:502021, Y:437000); (ii) 58 dB(A) daytime and 40 dB(A) nighttime at— (aa) 158 Victoria Road (X:502448, Y:437129); (bb) Maurice Wood, Jocks Lodge, Victoria Road (X:502509, Y:436990); (cc) Bentley Lodge, Victoria Road (X:502572 ,Y:436762); (dd) Spring Mount, Victoria Road (X:502558,Y:436638); (ee) Rose Villa, Bentley (X:502533,Y:436495); (iii) 49 dB(A) daytime and 40 dB(A) nighttime at— (aa) Lake Farm, Bentley (X:501894 ,Y:435945); (bb) Church Cottage, Bentley (X:501974,Y:435973); (cc) St Peters House, Bentley (X:501985,Y:435982); (dd) 1-4 Manor Farm Cottages, Bentley (X:502107,Y:436022); (ee) Keeper’s Cottage, Bentley (X:502147,Y:436035); (ff) Rose Cottage, Bentley (X:502159,Y:436035); (b) a scheme for monitoring noise levels which must include— (i) the circumstances under which noise will be monitored; (ii) the locations at which noise will be monitored; (iii) the method of noise measurement (which must be in accordance with British Standard 4142:2014+A1:2019 ‘Methods for rating and assessing industrial and commercial noise’, an equivalent successor standard or other agreed noise measurement methodology appropriate to the circumstances); and (c) a scheme for a complaints procedure. (4) Each noise management plan approved under sub-paragraphs (1) or (2) must be implemented as approved. Control of artificial light emissions 22 (1) Work No. 25A or 26A must not be commenced until a written scheme for the management and mitigation of artificial light emissions during the operation of that work has been submitted to and approved by the relevant planning authority. (2) Work No. 26B must not be commenced until a written scheme for the management and mitigation of artificial light emissions during the operation of that work has been submitted to and approved by the relevant planning authority. (3) The details submitted under sub-paragraphs (1) or (2) must be in accordance with the design and access statement. (4) Each scheme approved under sub-paragraphs (1) or (2) must be implemented as approved and thereafter operated and maintained in accordance with the approved details. European protected species: onshore 23 (1) No phase of the onshore works may be commenced until final 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 that phase of the onshore works or in any of the trees to be lopped or felled as part of that phase of the onshore works. (2) Where a European protected species is shown to be present, the relevant phase of the onshore works must not commence until a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority or a European protected species licence has been granted by the relevant statutory nature conservation body. (3) The onshore works must be carried out in accordance with any approved European protected species license or approved scheme, as applicable. (4) In this requirement “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 2017 Regulations. Public Rights of Way Management Plan 24 (1) No phase of the onshore works that would affect a public right of way specified in Schedule 4 may be commenced until a public rights of way management plan in respect of that phase and in accordance with the outline public rights of way management plan, including the specification for making up of an alternative right of way (where appropriate) has been submitted to and approved by the relevant planning authority. (2) All alternative public rights of way must be implemented in accordance with the approved public rights of way management plan. (3) A public rights of way management plan submitted under sub-paragraph (1) may cover one or more phases of the onshore works. Restoration of land used temporarily for construction 25 Subject to article 30 any land landward of MLWS within the Order limits that is used temporarily for construction of the onshore works, and not ultimately incorporated in permanent works or approved landscaping, must be reinstated to its former condition, or such condition as the relevant planning authority may approve in consultation with, where appropriate, the MMO, and where reinstatement works affect a watercourse, the relevant drainage authority, as soon as reasonably practicable and in any event within twelve months of completion of the relevant phase of the onshore works, or such other period as the relevant planning authority may approve. Skills and employment 26 (1) No phase of the DBS East Project may be commenced until a skills and employment strategy (which accords with the outline skills and employment strategy) in respect of that phase has been submitted to and approved in writing by the relevant planning authority. (2) Any phase of the DBS West Project must not be commenced until a skills and employment strategy in respect of that phase (which accords with the outline skills and employment strategy) has been submitted to and approved in writing by the relevant planning authority. (3) All skills and employment strategies must be implemented as approved. (4) A skills and employment strategy submitted under sub-paragraph (1) may cover one or more phases of the onshore works. Onshore decommissioning 27 (1) Within six months of the permanent cessation of commercial operation of the DBS East Project onshore works, an onshore decommissioning plan must be submitted by DBSEL to the relevant planning authority for approval unless otherwise agreed in writing by the relevant planning authority. (2) Within six months of the permanent cessation of commercial operation of the DBS West Project onshore works, an onshore decommissioning plan must be submitted by DBSWL to the relevant planning authority for approval unless otherwise agreed in writing by the relevant planning authority. (3) Any onshore decommissioning plan submitted under sub-paragraphs (1) or (2) must be approved by the relevant planning authority prior to any decommissioning works commencing unless otherwise agreed in writing between the relevant planning authority and the undertaker. (4) If the relevant planning authority fails to notify the undertaker of its decision within 56 days of receiving a request for approval under sub-paragraphs (1) or (2) the relevant planning authority is deemed to have given its approval. (5) Any decommissioning plan approved under this requirement must be implemented as approved. Notification of generation of power 28 (1) DBSEL must notify the relevant planning authority and the MMO upon first generation of power from each phase of the DBS East Project no later than seven days after the occurrence of this event. (2) DBSWL must notify the relevant planning authority and the MMO upon first generation of power from each phase of the DBS West Project no later than seven days after the occurrence of this event. Contaminated land and groundwater scheme 29 (1) Pre-commencement remedial work and onshore works in respect of any identified ground contamination that is likely to cause significant harm to persons or pollution of controlled waters or the environment, must only take place in accordance with a scheme to deal with the contamination of that land (including groundwater), which scheme must be submitted to, and approved by, the relevant planning authority in consultation with the Environment Agency. (2) Each scheme submitted under sub-paragraph (1) must include an investigation and assessment report, prepared by a specialist consultant to identify the extent of any contamination and the remedial measures to be taken for that stage to render the land fit for its intended purpose, together with a management plan which sets out measures in the event that contamination not previously identified is found to be present and long-term measures with respect to any contaminants remaining on the site. (3) Such remediation as may be identified in each approved scheme must be carried out in accordance with that approved scheme. Port traffic 30 (1) No part of Work Nos. 1A or 1B may commence until— (a) a port construction traffic management plan for the onshore port-related traffic to and from the construction port or ports and relating to that part of the authorised project, has been submitted to and approved by the relevant highway authority in consultation with the relevant planning authority; or (b) the relevant highway authority has confirmed, after consultation with the relevant planning authority, that no port construction traffic management plan is required for that part of the authorised project. (2) No part of Work Nos. 1A or 1B may begin commercial operation until— (a) a port travel plan for the onshore port-related traffic to and from the operation port or ports and relating to that part of the authorised project, has been submitted to and approved by the relevant highway authority in consultation with the relevant planning authority; or (b) the relevant highway authority has confirmed, after consultation with the relevant planning authority, that no port travel plan is required for that part of the authorised project. (3) The port construction traffic management plan must be implemented as approved at all times specified within the port construction traffic management plan during the construction of the authorised project. (4) The port travel plan must be implemented as approved at all times specified within the port travel plan during the operation of the authorised project. (5) For the purposes of this requirement— “relevant planning authority” and “relevant highway authority” mean— in respect of sub-paragraph (1), the planning or highway authority or authorities in whose area the relevant construction port is located; and in respect of sub-paragraph (2), the planning or highway authority or authorities in whose area the relevant operation port is located; “construction port” or “ports” means a port or ports situated in England and/or Wales and used for construction of the authorised project; and “operation port” or “ports” means a port or ports situated in England and/or Wales and used by management personnel for the ongoing operational management of the authorised project. Ministry of Defence Radar Mitigation 31 (1) No wind turbine generator forming part of Work No. 1B is permitted to rotate its rotor blades on its horizontal axis until the undertaker has submitted a Radar Mitigation Scheme to the Secretary of State and the Secretary of State, having consulted with the Ministry of Defence, confirms satisfaction in writing to the undertaker that appropriate mitigation will be implemented and maintained for the life of the authorised development and that arrangements have been put in place with the Ministry of Defence to ensure that the approved mitigation is implemented and maintained for the life of the DBS West Project offshore works. (2) The undertaker must thereafter comply with all obligations contained within the approved mitigation for the life of the DBS West Project offshore works. (3) For the purposes of this requirement— “appropriate mitigation” means measures to prevent or remove any adverse effects which the DBS West Project Offshore works will have on the air defence radar(s) at Remote Radar Head (RRH) Staxton Wold, and the Ministry of Defence’s air surveillance and control operations; “approved mitigation” means the detailed Radar Mitigation Scheme (RMS) that will set out the appropriate mitigation and timescales for implementation as agreed with the Ministry of Defence at the time the Secretary of State confirms satisfaction in writing in accordance with sub-paragraph (1); and “Ministry of Defence” means the Ministry of Defence as represented by Defence Infrastructure Organisation – Safeguarding, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire, WS14 9PY or any successor body. Biodiversity net gain 32 (1) No phase of the onshore works may be commenced until a biodiversity net gain strategy (in accordance with the biodiversity net gain strategy forming Appendix 18-10 of the environmental statement) in relation to that phase has been submitted and approved by the relevant planning authority in consultation with the relevant statutory nature conservation body. (2) Any biodiversity net gain strategy submitted under sub-paragraph (1) may cover one or more phases of the onshore works. (3) The biodiversity net gain strategy for each phase must be implemented as approved. Onshore monitoring plan 33 (1) No phase of the onshore works may be commenced until an onshore operational monitoring plan (in accordance with the outline code of construction practice) in relation to that phase has been submitted to and approved by the relevant planning authority. (2) An onshore operational monitoring plan submitted under sub-paragraph (1) may cover one or more phases of the onshore works. (3) The onshore operational monitoring plan for each phase must be implemented as approved. Amendments to approved details 34 (1) Where any requirement requires the authorised project to be carried out in accordance with the details approved by the relevant planning authority or another person (the “approving authority”), the approved details must be taken to include any amendments that may subsequently be approved by the approving authority (after consulting any person that the approving authority is required to consult under the relevant requirement). (2) The approving authority must not approve an amendment unless it is satisfied that the amendment is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement. Onshore collaboration 35 DBSEL and DBSWL must— (a) before submitting any plan or document required to be submitted for approval under the requirements to the relevant discharging authority, provide a copy of the plan or document to the other undertaker and allow a reasonable period of time to enable the other undertaker to provide comments on the relevant plans and documentation; and (b) when submitting any plan or document referred to in sub-paragraph (a) for approval, submit to the relevant discharging authority any comments duly received from the other undertaker or a statement confirming that no such comments were received. Permanent access road to onshore converter stations 36 (1) No part of the permanent access road to the onshore DBS East Project converter station and onshore DBS West Project converter station may be commenced until details of its precise location, width, the proposed finished ground levels and materials, along with any signage or lighting proposed at the entrance to the access road have been submitted to and approved in writing by the relevant planning authority. (2) The details submitted under sub-paragraph (1) must be in accordance with the design and access statement. (3) The permanent access road to the onshore DBS East Project converter station and onshore DBS West Project converter station must be carried out in accordance with the details approved under sub-paragraph (1). Wake effects plan 37 (1) Work No. 1A must not be commenced until either— (a) a wake effects plan relating to Work No. 1A has been submitted to and approved by the Secretary of State following consultation with each of the owners of the relevant offshore wind farms; or (b) the undertaker has provided evidence to the Secretary of State that alternative mitigation for wake effects has been agreed with each of the owners of the relevant offshore wind farms; or (c) a combination of (1)(a) and (1)(b) is provided to and agreed by the Secretary of State to ensure that any wake effects of Work No. 1A on each of the relevant offshore wind farms are considered. (2) Work No. 1B must not be commenced until either— (a) a wake effects plan relating to Work No. 1B has been submitted to and approved by the Secretary of State following consultation with each of the owners of the relevant offshore wind farms; or (b) the undertaker has provided evidence to the Secretary of State that alternative mitigation for wake effects has been agreed with each of the owners of the relevant offshore wind farms; or (c) a combination of (2)(a) and (2)(b) is provided to and agreed by the Secretary of State to ensure that any wake effects of Work No. 1B on each of the relevant offshore wind farms are considered. (3) Any wake effects plan provided in accordance with paragraphs (1)(a), 1(c), (2)(a) or (2)(c) must include— (a) the wake effects from the authorised project on the annual energy production of the relevant offshore wind farms; (b) details of reasonable steps that have been taken or are proposed to be taken by the undertaker to minimise wake effects on the relevant offshore wind farms provided that this shall not require the undertaker to materially reduce the capacity of the authorised project; (c) the timescales for implementation of any wake effect mitigation measures; (d) any time limits for wake effect mitigation measures; and (e) details of consultation with each of the owners of the relevant offshore wind farms and the extent of any agreement or disagreement with each of them regarding whether any design changes or operational measures could further reduce any wake effect impacts. (4) In order to facilitate the undertaker’s compliance with the above— (a) the undertaker must consult with the owners of the relevant offshore wind farms as early as reasonably practicable to identify the details including relevant wind turbine generator parameters of their respective relevant offshore wind farms which may be at risk of wake loss impacts from the authorised project; and (b) the owners of the relevant offshore wind farms must make available to the undertaker all information in their possession reasonably requested by the undertaker in respect of such details and parameters for the relevant offshore wind farms pursuant to sub-paragraph 4(a). (5) The layout plan submitted to the MMO under condition 24(1)(a) of Schedule 10 to this Order must be in accordance with any approved wake effects plan submitted in accordance with sub-paragraph (1). (6) The layout plan submitted to the MMO under condition 24(1)(a) of Schedule 11 to this Order must be in accordance with any approved wake effects plan submitted in accordance with sub-paragraph (2). (7) Each approved wake effects plan submitted under this requirement must be implemented as approved. (8) For the purposes of this requirement—“relevant offshore wind farms” means— (a) the two offshore wind farms consented under the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 and known as Dogger Bank A and Dogger Bank B; (b) the offshore wind farm consented under the Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 and known as Dogger Bank C; (c) the offshore wind farm consented under the Hornsea One Offshore Wind Farm Order 2014 and known as Hornsea One; (d) the offshore wind farm consented under the Hornsea Two Offshore Wind Farm Order 2016 and known as Hornsea Two; and (e) the offshore wind farm consented under the Hornsea Three Offshore Wind Farm Order 2020 and known as Hornsea Three. PART 2 Approval of matters specified in requirements Applications made under requirements 38 In this Part of this Schedule, “discharging authority” means— (a) any body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or (b) the local authority in the exercise of its functions set out in sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 subsequently referred to as “the 1974 Act”. 39 (1) Where an application has been made to the discharging authority for any consent, agreement or approval required pursuant to a requirement included in Part 1 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to the undertaker of its decision on the application within a period of eight weeks beginning with— (a) the day immediately following that on which a valid application is received by the discharging authority (such validity to be confirmed by the discharging authority within five days of receipt of the application); (b) where further information is requested under paragraph 40, the day immediately following that on which the further information has been supplied by the undertaker; or (c) such longer period as may be agreed in writing 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 1 of this Schedule, 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 where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision within the 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. (4) In this Part of this Schedule, references to the “undertaker” should be read as a reference to the undertaker who submitted the relevant application. Further information 40 (1) In relation to any application referred to in paragraph 39, the discharging authority may request such further information from the undertaker as it considers necessary to enable it to consider the application. (2) If the discharging authority considers that further information is necessary, and the requirement concerned contained in Part 1 of this Schedule does not specify that consultation with a consultee is required, the discharging authority must, within ten working days of receipt of the application, notify the undertaker in writing specifying the further information required. (3) If the requirement concerned contained in Part 1 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within five working days of receipt of the application, and notify the undertaker in writing specifying any further information requested by the consultee within five working days of receipt of such a request. (4) If the discharging authority does not give the notification within the period specified in sub- paragraphs (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of the undertaker. Appeal 41 (1) Where a person (“the applicant”) makes an application to a discharging authority, the applicant 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— (i) a requirement contained in Part 1 of this Schedule; or (ii) a document referred to in any requirement contained in Part 1 of this Schedule. (b) the discharging authority issues a notice further to sections 60 (control of noise on construction sites) or 61 (prior consent for work on construction sites) of the 1974 Act; (c) on receipt of a request for further information pursuant to paragraph (3), the applicant considers that either the whole or part of the specified information requested by the discharging authority is not necessary for the consideration of the application; or (d) on receipt of any further information requested, the discharging authority notifies the applicant that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for the consideration of the application. (2) The appeal process is as follows— (a) any appeal by the applicant 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 39(1), giving rise to the appeal referred to in sub-paragraph (1); (b) the applicant 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 specified under the relevant requirement contained in Part 1 of this Schedule; (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent; (d) the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within 20 working days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person; (e) the applicant must make any counter-submissions to the appointed person within 20 working days of receipt of written representations pursuant to sub-paragraph (d) above; and (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the 20 day period for counter-submissions under sub-paragraph (e). (3) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State. (4) 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, the appeal party from whom the information is sought, and the date by which the information is to be submitted. (5) Any further information required under sub-paragraph (4) must be provided by the appeal party from whom the further information was requested to the appointed person and the other appeal parties by the date specified by the appointed person. 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 date specified by the appointed person but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (2)(f). (6) On an appeal under this 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), and may deal with the application as if it had been made to the appointed person in the first instance. (7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits. (8) 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. (9) The decision of the appointed person on an appeal is 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 a judicial review. (10) If an approval is given by the appointed person pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 1 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. (11) Save where a direction is given pursuant to sub-paragraph (12) 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 applicant. (12) On application by the discharging authority or the applicant, 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.