Norfolk Boreas Offshore Wind Farm Norfolk Boreas Updated ... And whereas the The application was examined

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  • Norfolk Boreas Offshore Wind Farm

    Norfolk Boreas Updated Draft DCO (Version 8) (All Tracked Changes)

    Applicant: Norfolk Boreas Limited Document Reference: 3.1 (All Tracks) Deadline 13

    Date: July 2020 Revision: Version 8 Author: Womble Bond Dickinson

    Photo: Ormonde Offshore Wind Farm

  • S T A T U T O R Y I N S T R U M E N T S

    2019 2021 No.

    INFRASTRUCTURE PLANNING

    The Norfolk Boreas Offshore Wind Farm Order 201X202X

    Made - - - - 20202021

    Laid before Parliament 20202021

    Coming into force - - 20202021

    CONTENTS PART 1

    Preliminary 1. Citation and commencement 5 2. Interpretation 5

    PART 2 Principal Powers

    3. Development consent etc. granted by the Order 1112 4. Limits of deviation 12 5. Power to construct and maintain authorised project 12 6. Benefit of the Order 1213 7. Application and modification of legislative provisions 14 8. Defence to proceedings in respect of statutory nuisance 15

    PART 3 Streets

    9. Street works 1516 10. Public rights of way 16 11. Stopping up of streets 16 12. Access to works 17 13. Agreements with street authorities 1718 14. Application of the 1991 Act 1718

    PART 4 Supplemental Powers

    15. Discharge of water and works to watercourses 18

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    16. Authority to survey and investigate the land onshore 19 17. Removal of human remains 20

    PART 5 Powers of Acquisition

    18. Compulsory acquisition of land 2122 19. Time limit for exercise of authority to acquire land compulsorily 2122 20. Compulsory acquisition of rights 22 21. Private rights 2223 22. Application of the Compulsory Purchase (Vesting Declarations) Act 1981 2324 23. Application of Part 1 of the Compulsory Purchase Act 1965 24 24. Acquisition of subsoil or airspace only 2425 25. Rights under or over streets 2425 26. Temporary use of land for carrying out the authorised project 25 27. Temporary use of land for maintaining authorised project 2627 28. Extinguishment of private rights and restrictive covenants relating to apparatus

    removed from land subject to temporary possession 2728 29. Statutory undertakers 2728 30. Recovery of costs of new connections 2728

    PART 6 Operations

    31. Operation of generating station 2829 32. Deemed marine licences under the 2009 Act 2829

    PART 7 Miscellaneous and General

    33. Application of landlord and tenant law 2829 34. Operational land for purposes of the 1990 Act 29 35. Felling or lopping of trees and removal of hedgerows 29 36. Trees subject to tree preservation orders 2930 37. Certification of plans etc 30 38. Arbitration 31 39. Procedure in relation to certain approvals etc 31 40. Abatement of works abandoned or decayed 31 41. Saving provisions for Trinity House 31 42. Crown rights 3231 43. Protective provisions 32 44. [Compensation to protect the coherence of the Natura 2000 network 32

    SCHEDULES

    SCHEDULE 1 — Authorised Project 32 PART 1 — Authorised Development 32 PART 2 — Ancillary Works 53

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    PART 3 — Requirements 5453 SCHEDULE 2 — Streets subject to Street Works 6465 PART 1 — Scenario 1 6465 PART 2 — Scenario 2 6970 SCHEDULE 3 — Public Rights of Way to be temporarily stopped up 7475 PART 1 — Scenario 1 7475 PART 2 — Scenario 2 7879 SCHEDULE 4 — Streets to be stopped up 8283 PART 1 — Streets to be temporarily stopped up (Scenario 1) 8283 PART 2 — Streets to be temporarily stopped up (Scenario 2) 9091 PART 3 — Permanent stopping up of private means of access for which a

    substitute is to be provided – Scenario 1103SCHEDULE 5 — Access to Works PART 1—Scenario 1 104 SCHEDULE 5 — Access to Works 105 PART 1 — Scenario 1 105 PART 2 — Scenario 2 112113 SCHEDULE 6 — Land in which only New Rights etc., may be acquired 122123 PART 1 — Scenario 1 122123 PART 2 — Scenario 2 143144 SCHEDULE 7 — Modification of compensation and compulsory purchase

    enactments for creation of new rights 169170 SCHEDULE 8 — Land of which temporary possession may be taken 172173 PART 1 — Scenario 1 172173 PART 2 — Scenario 2 172177 PART 2 — Scenario 2 176 SCHEDULE 9 — Deemed Licence under the 2009 Act – Generation Assets

    (Licence 1 – Phase 1) 181182 PART 1 — Interpretation 181182 PART 2 — Licensed Marine Activities – General 186187 PART 3 — Details of Licensed Marine Activities 191192 PART 4 — Conditions 192 PART 4 — Conditions 193 PART 5 — Procedure for appeals 203205 SCHEDULE 10 — Deemed Licence under the 2009 Act – Generation Assets

    (Licence 2 – Phase 2) 205206 PART 1 — Interpretation 205206 PART 2 — Licensed Marine Activities – General 209211 PART 3 — Details of Licensed Marine Activities 215216 PART 4 — Conditions 216 PART 4 — Conditions 217 PART 5 — Procedure for appeals 227229 SCHEDULE 11 — Deemed Licence under the 2009 Act – Transmission Assets

    (Licence 1 – Phase 1) 228230 PART 1 — Interpretation 228230 PART 2 — Licensed Marine Activities – General 233234 PART 3 — Details of Licensed Marine Activities 243244 PART 4 — Conditions 244 PART 4 — Conditions 246 PART 5 — Procedure for appeals 254256

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    SCHEDULE 12 — Deemed Licence under the 2009 Act – Transmission Assets (Licence 2 – Phase 2) 255257

    PART 1 — Interpretation 255257 PART 2 — Licensed Marine Activities – General 260262 PART 3 — Details of Licensed Marine Activities 270272 PART 4 — Conditions 271273 PART 5 — Procedure for appeals 281284 SCHEDULE 13 — Deemed Licence under the 2009 Act –Project Interconnector

    assets (Scenario 1) 282285 PART 1 — Interpretation 282285 PART 2 — Licensed Marine Activities – General 286289 PART 3 — Details of Licensed Marine Activities 292295 PART 4 — Conditions 293296 PART 5 — Procedure for appeals 301303 SCHEDULE 14 — Hedgerows 302305 PART 1 — Scenario 1 - Removal of Important Hedgerows 302305 PART 2 — Scenario 1 - Removal of Hedgerows 302305 PART 3 — Scenario 2 - Removal of Important Hedgerows 302305 PART 4 — Scenario 2 - Removal of Potentially Important Hedgerows 308311 PART 5 — Scenario 2 - Removal of Hedgerows 313316 SCHEDULE 15 — ARBITRATION RULES 314317 SCHEDULE 16 — Procedure for discharge of Requirements 317 SCHEDULE 17—PROTECTIVE PROVISIONS16 — Procedure for disc SCHEDULE 17 — PROTECTIVE PROVISIONS 323 PART 1 — Protection for electricity, gas, water and sewerage undertakers 320323 PART 2 — For the Protection of National Grid 323326 PART 3 — For the Protection of Cadent Gas Limited as Gas Undertaker 332336 PART 4 — Protection for Operators of Electronic Communications Code

    Networks 338343 PART 5 — Protection of Network Rail Infrastructure Limited 340344 PART 6 — For the Protection of Anglian Water Services Limited 346351 PART 7 — For the protection of the Environment Agency and drainage

    authorities 348353 PART 8 — For the protection of Ørsted Hornsea Project Three (UK) Ltd 351356 PART 9 — For the protection of Norfolk Vanguard Limited 354359 SCHEDULE 18 — Documents to be Certified 364 PART 1 — Documents forming the environmental statement to be certified 364 PART 2 — Other documents to be certified 366 [ SCHEDULE 19 — Compensation to protect the coherence of the Natura 2000

    network 369 PART 1 — Flamborough and Filey Coast Special Protection Area:

    Construction of artificial nest sites 369 PART 2 — Alde-Ore Estuary Special Protection Area: Delivery of measures

    to improve breeding success 369 PART 3 — Haisborough, Hammond and Winterton Special Area of

    Conservation: Promotion of an extension to the Haisborough, Hammond and Winterton Special Area of Conservation 370

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    An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(1) for an Order for an order under sections 37, 114, 115, 120 and 149A section 37 of the Planning Act 2008 (“the 2008 Act”)(2a);

    And whereas the The application was examined by a Panel the Examining Authority appointed as an examining authority by the Secretary of State pursuant to Chapter 4 section 61(b) and 65(c) of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of that Act and with the Infrastructure Planning (Examination Procedure) Rules 2010(3d);. The Examining Auhority has submitted a report to the Secretary of State under section 74(2)(e) of the 2008 Act;

    The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 3 of the Infrastruture Planning (Environmental Impact Assessment) Regulations 2009(f) and, as a national policy statement has effect in relation to the proposed development, has had regard to the documents and matters referred to in section 104(2)(g) of the 2008 Act.

    The examining authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act made a report and recommendation to the Secretary of State;

    The Secretary of State, having considered the report and recommendation of the Panel, and The Secretary of State, having decided the application, has determined to make an Order giving effect to the proposals comprise