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  • Norfolk Vanguard Offshore Wind Farm

    Hornsea Project Three draft DCO

    Applicant: Norfolk Vanguard Limited Document Reference: ExA; ISH7; 10.D7.16 Deadline 7

    Date: May 2019

    Photo: Kentish Flats Offshore Wind Farm

  • Hornsea Project Three Offshore Wind Farm

    Hornsea Project Three

    Offshore Wind Farm

    Final Draft Development Consent Order – clean

    Date: 01st April 2019

  • Final Draft Development Consent Order - clean

    April 2019

    i

    Document Control

    Document Properties

    Organisation Ørsted Hornsea Project Three

    Author Pinsent Masons

    Checked by Chelsea Nickles

    Approved by Andrew Guyton

    Title Final Draft Development Consent Order - clean

    PINS Document Number

    REP9-003

    Version History

    Date Version Status Description / Changes

    14/05/2018 1 Final Submitted with Application Documents (APP-027)

    07/11/2018 A Final Submitted at Deadline 1 (7 th Nov 2018) – REP1-133

    15/01/2019 B Final Submitted at Deadline 4 (15th Jan 2019) – REP4-003

    08/02/2019 C Final Submitted at Deadline 6 (8th Feb 2019) – REP6-003

    14/03/2019 D Final Submitted at Deadline 7 (14th Mar 2019) – REP7-003

    26/03/2019 E Final Submitted at Deadline 9 (26th Mar 2019) REP9-003

    01/04/2019 F Final Submitted at Deadline 10 (1st April 2019)

    Ørsted

    5 Howick Place,

    London, SW1P 1WG

    © Orsted Power (UK) Ltd, 2019. All rights reserved

    Front cover picture: Kite surfer near a UK offshore wind farm © Ørsted Hornsea Project Three (UK) Ltd., 2019.

  • Final Draft Development Consent Order - clean

    April 2019

    ii

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

    201* No. 0000

    INFRASTRUCTURE PLANNING

    The Hornsea Three Offshore Wind Farm Order

    Made - - - - [ ]

    Coming into force - - [ ]

    CONTENTS

    PART 1

    PRELIMINARY

    1. Citation and commencement

    2. Interpretation

    PART 2

    PRINCIPAL POWERS

    3. Development consent etc. granted by the Order

    4. Power to maintain authorised project

    5. Benefit of the Order

    6. Application and modification of legislative provisions

    7. Defence to proceedings in respect of statutory nuisance

    PART 3

    STREETS

    8. Street works

    9. Application of the 1991 Act

    10. Temporary stopping up of streets

    11. Temporary stopping up of public rights of way

    12. Access to works

    13. Agreements with street authorities

    14. Power to alter layout etc. of streets

    PART 4

    SUPPLEMENTAL POWERS

    15. Discharge of water

    16. Protective work to buildings

    17. Authority to survey and investigate the land onshore

  • 2

    PART 5

    POWERS OF ACQUISITION

    18. Compulsory acquisition of land

    19. Time limit for exercise of authority to acquire land compulsorily

    20. Compulsory acquisition of rights

    21. Private Rights

    22. Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    23. Acquisition of subsoil only

    24. Modification of Part 1 of the Compulsory Purchase Act 1965

    25. Rights under or over streets

    26. Temporary use of land for carrying out the authorised project

    27. Temporary use of land for maintaining authorised project

    28. Statutory undertakers

    29. Recovery of costs of new connections

    PART 6

    OPERATIONS

    30. Operation of generating station

    31. Deemed marine licences under the 2009 Act

    PART 7

    MISCELLANEOUS AND GENERAL

    32. Application of landlord and tenant law

    33. Operational land for purposes of the 1990 Act

    34. Felling or lopping of trees and removal of hedgerows

    35. Trees subject to tree preservation orders

    36. Certification of plans and documents, etc.

    37. Arbitration

    38. Requirements, appeals, etc.

    39. Abatement of works abandoned or decayed

    40. Saving provisions for Trinity House

    41. Crown rights

    42. Protective provisions

    43. Funding

    SCHEDULE 1 — AUTHORISED PROJECT

    PART 1 — AUTHORISED DEVELOPMENT

    PART 2 — ANCILLARY WORKS

    PART 3 — REQUIREMENTS

    SCHEDULE 2 — STREETS SUBJECT TO STREET WORKS

    SCHEDULE 3 — STREETS TO BE TEMPORARILY STOPPED UP

    SCHEDULE 4 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY

    STOPPED UP

  • 3

    SCHEDULE 5 — ACCESS TO WORKS

    SCHEDULE 6 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE

    ACQUIRED

    SCHEDULE 7 — MODIFICATION OF COMPENSATION AND

    COMPULSORY PURCHASE ENACTMENTS FOR

    CREATION OF NEW RIGHTS

    SCHEDULE 8 — LAND OF WHICH TEMPORARY POSSESSION MAY BE

    TAKEN

    SCHEDULE 9 — PROTECTIVE PROVISIONS

    PART 1 — PROTECTION FOR ELECTRICITY, GAS, WATER AND

    SEWERAGE UNDERTAKERS

    PART 2 — FOR THE PROTECTION OF NATIONAL GRID AS

    ELECTRICITY AND GAS UNDERTAKER

    PART 3 — FOR THE PROTECTION OF CADENT GAS LIMITED AS

    GAS UNDERTAKER

    PART 4 — PROTECTION FOR OPERATORS OF ELECTRONIC

    COMMUNICATIONS CODE NETWORKS

    PART 5 — PROTECTION OF NETWORK RAIL INFRASTRUCTURE

    LIMITED

    PART 6 — FOR THE PROTECTION OF ANGLIAN WATER SERVICES

    LIMITED

    PART 7 — FOR THE PROTECTION OF THE ENVIRONMENT

    AGENCY AND DRAINAGE AUTHORITIES

    PART 8 — FOR THE PROTECTION OF NORFOLK VANGUARD

    PART 9 — FOR THE PROTECTION OF NORFOLK BOREAS

    SCHEDULE 10

    PART 1 — REMOVAL OF HEDGEROWS

    PART 2 — REMOVAL OF IMPORTANT HEDGEROWS

    SCHEDULE 11 — DEEMED MARINE LICENCE UNDER THE 2009 ACT—

    GENERATION ASSETS

    PART 1 — LICENSED MARINE ACTIVITIES

    PART 2 — CONDITIONS

    SCHEDULE 12 — DEEMED MARINE LICENCE UNDER THE 2009 ACT –

    TRANSMISSION ASSETS

    PART 1 — LICENSED MARINE ACTIVITIES

    PART 2 — CONDITIONS

    SCHEDULE 13 — ARBITRATION RULES

    An application has been made to the Secretary of State for an order under the Planning Act 2008

    (“the 2008 Act”)(a).

    The application was examined by the Examining Authority, which has made a report to the

    Secretary of State under section 74(2) 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.

    (a) 2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c.20).

  • 4

    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

    Infrastructure Planning (Environmental Impact Assessment) Regulations 2009(a) and has had

    regard to the documents and matters referred to in section 104(2) of the 2008 Act.

    The Secretary of State, having decided the application, has determined to make an Order giving

    effect to the to the proposals comprised in the application on the terms in the opinion of the

    Secretary of State are not materially different from those proposed in the application.

    The Secretary of State is satisfied that open space within the Order land, when burdened with any

    new rights authorised for compulsory acquisition under the terms of this Order, will be no less

    advantageous than it was before such acquisition, to the persons whom it is vested, other persons,

    if any, entitled to rights of common or other rights, and the public, and that, accordingly, section

    132(3) of the 2008 Act applies.

    The Secretary of State, in exercise of the powers conferred by sections 114 and 120 of the 2008

    Act, makes the following Order—

    PART 1

    PRELIMINARY

    Citation and commencement

    1. This Order may be cited as the Hornsea Three Offshore Wind Farm Order and comes into

    force on [ ] 201[ ].

    Interpretation

    2.—(1) In this Order—

    “the 1961 Act” means the Land Compensation Act 1961(b);

    “the 1965 Act” means the Compulsory Purchase Act 1965(c);

    “the 1980 Act” means the Highways Act 1980(d);

    “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(e);

    “the 1989 Act” means the Electricity Act 1989(f);

    “the 1990 Act” means the Town and Country Planning Act 1990(g);

    “the 1991 Act” means the New Roads and Street Works Act 1991(h);

    “the 2004 Act” means the Energy Act 2004(i);

    “the 2008 Act” means the Planning Act 2008;

    “the 2009 Act” means the Marine and Coastal Access Act 2009(j);

    (a) S.I. 2009/2263. Regulation 3