The Five Estuaries Offshore Wind Farm Order 2025

• Citation: S.I. 2025/1376
• Sections: 414

Section 1 Citation and commencement

This Order may be cited as the Five Estuaries Offshore Wind Farm Order 2025 and comes into force on 8th January 2026.

Section 2 Interpretation

(1) In this Order—

“ 1961 Act ” means the Land Compensation Act 1961 ;

“ 1965 Act ” means the Compulsory Purchase Act 1965 ;

“ 1980 Act ” means the Highways Act 1980 ;

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

“ 1984 Act ” means the Road Traffic Regulation Act 1984 ;

“ 1989 Act ” means the Electricity Act 1989 ;

“ 1990 Act ” means the Town and Country Planning Act 1990 ;

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

“ 2003 Act ” means the Communications Act 2003 ;

“ 2004 Act ” means the Energy Act 2004 ;

“ 2008 Act ” means the Planning Act 2008;

“ 2009 Act ” means the Marine and Coastal Access Act 2009 ;

“ 2016 Regulations ” means the Environmental Permitting (England and Wales) Regulations 2016 ;

“ ancillary works ” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order that are not development within the meaning of section 32 of the 2008 Act;

“ apparatus ” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“ archaeological mitigation strategy ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ 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 that is development within the meaning of section 32 of the 2008 Act;

“ 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 such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ build option 1 ” means the scenario in which the authorised development will deliver works to support grid connection co-ordination, including the laying of onshore cable ducts (Work Nos. 5A, 6A, 7A, 8A, 9A, 10A, 11A, 12A, 14A and 15E), for transfer to and/or use by the developer or operator of North Falls, as part of co-ordination for grid connection works for offshore generation;

“ build option 2 ” means the scenario in which the undertaker only constructs those works required for the Five Estuaries Offshore Wind Farm grid connection and does not construct Work Nos. 5A, 6A, 7A, 8A, 9A, 10A, 11A, 12A, 14A and 15E;

“ 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 wave buoys, LiDAR and guard buoys;

“ business day ” means a day other than a Saturday or Sunday or a bank holiday in England and Wales;

“ cable ” means up to 400 kilovolts cables for the transmission of electricity and includes direct lay cables, cables laid in cable ducts or protective covers, and further includes fibre optic and other communications cables either within the cable or laid alongside;

“ cable circuits ” means a number of electrical conductors necessary to transmit electricity between two points within the authorised development, comprising up to three electrical conductors, which may be attached together or take the form of single cables, and in either case the circuit may include one or more auxiliary cables for the purpose of control, monitoring, protection or general communications;

“ cable crossings ” means the crossing of existing cables, pipelines or other existing infrastructure by the cables authorised by this Order together with cable protection;

“ cable ducts ” means conduits for the installation of cables;

“ cable protection ” means physical measures for the protection of cables from physical damage including but not limited to concrete mattresses, split pipe system, and/or rock placement, and protective aprons or coverings (including material used for cable crossings);

“ carriageway ” has the same meaning as in section 329 of the 1980 Act;

“ code of construction practice ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ commence ” means—

in relation to the offshore works, the first carrying out of any licensed marine activities authorised by the deemed marine licences, save for pre-construction survey and monitoring approved under the deemed marine licences; or

in respect of the onshore works, the first carrying out of a material operation, as defined in section 155 of the 2008 Act comprised in or for the purposes of the authorised development other than onshore site preparation works,

and “commencement”, “commenced” and cognate expressions are to be construed accordingly;

“ compensatory works ” means Work Nos. 18A and 18B to provide compensatory measures for Lesser Black Back Gulls;

“ deemed marine licence ” means the marine licences set out in Schedules 10 (deemed marine licence – generation assets) and 11 (deemed marine licence – transmission assets);

“ deep water route cable installation area (future dredging depths) plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ discharging authority ” for the purposes of Schedule 2 of this Order means Essex County Council;

“ electronic transmission ” means a communication transmitted—

by means of an electronic communications network; or

by other means but while in electronic form;

“ environmental statement ” means the documents certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ foundation ” means any of a monopile, multi-leg pin-piled jacket, mono suction caisson or multi-leg suction caisson jacket;

“ HAT ” means highest astronomical tide;

“ HVAC ” means high voltage alternating current;

“ highway ” and “ highway authority ” have the same meaning as in section 328 of the 1980 Act;

“ inter-array cables ” means the cables linking the wind turbine generators to each other and to the other offshore works;

“ jacket foundation ” means a steel jacket/lattice-type structure constructed of steel, fixed to the seabed with steel pin piles or steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“ jointing ” means a process by which two or more cables are connected to each other by means of cable joints;

“ land plans (onshore) ” means the documents certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ LAT ” means lowest astronomical tide;

“ LiDAR ” means a light detection and ranging system used to measure weather and sea conditions;

“ location plan - offshore ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ location plan - onshore ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ maintain ” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace, any component part of any offshore work including any cable, and the onshore works described in Parts 1 and 2 of Schedule 1 (authorised development) not including removal, reconstruction or replacement of foundations and buildings associated with the onshore substation, to the extent assessed in the environmental statement, and any derivative of maintain must be construed accordingly;

“Margate and Long Sands – SAC benthic mitigation plan” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“Marine Management Organisation” or “ MMO ” means the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH, being the body created under the 2009 Act and which is responsible for the monitoring and enforcement of the deemed marine licences;

“ MCA ” means the Maritime and Coastguard Agency;

“mean high water springs” or “ MHWS ” means the highest level which spring tides reach on average over a period of time;

“mean low water springs” or “ MLWS ” means the lowest level which spring tides reach on average height of all low waters above Chart Datum over a period of time;

“ monopile foundation ” means a steel or concrete pile foundation, driven and/or drilled into the seabed and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“ National Grid ” means National Grid Electricity Transmission Plc, Company Number (02366977, and having its registered office at 1 - 3 Strand, London, WC2N 5EH);

“ National Highways ” means National Highways Limited (company number 09346363) whose registered office is 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;

“ North Falls ” means the nationally significant infrastructure project known as North Falls Offshore Wind Farm, being an offshore electricity generating station approximately 24.5 kilometres from its nearest point at the Port of Lowestoft for which an application for development consent was accepted for examination on 22nd August 2024;

“ offshore in-principle monitoring plan ” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);

“ offshore Order limits and grid coordinates plan ” means the document certified as such by the Secretary of State for the purposes of the Order under article 43 (certification of plans, etc.);

“ offshore project design principles ” means the document certified as such by the Secretary of State for the purposes of the Order under article 43 (certification of plans, etc.);

“ offshore substation ” means a platform attached to the seabed by means of a foundation, with one or more decks, whether open or fully clad, accommodating electrical power transformers, switchgear, instrumentation, protection and control systems, and other associated equipment and facilities to enable the transmission of electronic communications and for electricity to be collected at, and exported from, the platform;

“ offshore works ” means Work Nos. 1 to 3 inclusive and any related further associated development in connection with those Works;

“ onshore site preparation works ” means onshore works comprising surveying or investigatory works including archaeological investigations, environmental surveys, investigations for the purpose of assessing ground conditions; remediation of contamination, preparatory works to existing infrastructure and diversion and laying of utilities and services; creation of any temporary means of access; site clearance including vegetation clearance; erection of screening and fencing, site security works, creation of temporary hard standing, or the temporary display of site notices or advertisements;

“ onshore substation design principles document ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ onshore works ” means Work Nos 4 to 18 inclusive 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 plan - offshore and works plan - onshore within which the authorised development may be carried out;

“ outline cable specification and installation plan ” means the document certified as such by the Secretary of State for the purposes of this Order under article 43 (certification of plans, etc.);

“ outline construction traffic management plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline fisheries liaison and co-existence plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline groundwater monitoring plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline landscape and ecological management plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline marine mammal mitigation protocol ” means the document certified as the outline marine mammal mitigation protocol - piling by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline marine written schemes of investigation ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline offshore operations and maintenance plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline onshore written schemes of investigation ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline project environmental management plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline public access management plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline sediment disposal management plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline skills and employment strategy ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline southern north sea special area of conservation site integrity plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline workforce travel plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ outline working in proximity to wildlife in the marine environment plan ” means the document certified as the working in proximity to wildlife in the marine environment plan by the Secretary of State under article 43 (certification of plans, etc.) forming an appendix to the outline project environmental management plan;

“ pin piles ” means steel or concrete cylindrical piles driven and/or drilled into the seabed to secure steel jacket foundations;

“ platforms ” means the offshore structures housing or incorporating electrical equipment such as switchgear and transformers and high voltage reactive controls, electrical systems such as metering and control systems, J-tubes, landing facilities for vessels and helicopters, re-fuelling facilities, vessel charging facilities, communication and control systems, auxiliary and uninterruptible power supplies, energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

“ relevant planning authority ” means in any given provision of this Order (including the requirements), the local planning authority—

for the area of land to which the provision relates is situated; and

with the relevant legislative competence under the 1990 Act for the matter to which that provision relates;

“ requirements ” means, or a reference to a numbered requirement is a reference to, those matters set out in 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 by use of protective aprons, mattresses, or rock and gravel placement;

“ SNCB ” 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 ;

“ special category land plans ” means the plan certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ stage ” for the purposes of the requirements means the phase of Works, being the Works to be carried out at the same time as set out in the order in which all of the Works are planned to be undertaken;

“ statutory undertaker ” means any person falling within section 127(8) of the 2008 Act and a public communications provider as defined in section 151 of the 2003 Act;

“ street ” means a street within the meaning of section 48 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 in Part 3 of the 1991 Act ;

“ street works and access plan ” means the plan certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ substation ” means in relation to the onshore works, an HVAC substation compound sited within Work No. 15 containing electrical equipment (including power transformers, gantries, switchgear, reactive compensation equipment, electrical protection equipment devices (disconnectors, circuit breakers), cooling, harmonic filters, cables and back-up generators), control buildings, lightning protection masts, communications masts, access including internal roads, fencing and other associated equipment, structures or buildings;

“ suction caisson foundation ” means a tubular steel structure with steel buckets that partially or fully penetrates the seabed and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“ temporary closure of public rights of way plan ” means the plan certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ transition joint bay ” means underground concrete bays in Work No. 5 where the offshore export cables are jointed to the onshore cable circuits;

“ tree preservation order and hedgerow plan ” means the document certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order;

“ trenchless installation technique compound ” means a construction site associated with the cable or cable circuit works where horizontal directional drilling or other trenchless construction technique is proposed including hard standings, 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, areas for 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;

“ trenchless installation techniques ” means the installation of electrical circuits and/or cables by means of boring techniques for installing cable ducts including horizontal directional drilling, pipe jacking/horizontal auger boring and micro-boring;

“ tribunal ” means the Lands Chamber of the Upper Tribunal;

“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;

“ undertaker ” means, subject to article 7 (benefit of the Order) Five Estuaries Offshore Wind Farm Limited, incorporated under company number 12292474 and having its registered office at Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, United Kingdom, SN5 6PB;

“ 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;

“ wind turbine generator ” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J-tube(s), access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment including communications equipment, fixed to a foundation or transition piece;

“ works plan - offshore ” means the plan or plans certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order; and

“ works plan - onshore ” means the plan or plans certified as such by the Secretary of State under article 43 (certification of plans, etc.) for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

(3) All distances, directions, capacities, volumes and lengths referred to in this Order are approximate save in respect of the parameters referred to in—

(a) requirements 2 (offshore design parameters) and 5 (onshore substation works, design and landscaping) in Part 1 (requirements) of Schedule 2 (requirements);

(b) the conditions in Part 2 (conditions) of Schedule 10 (deemed marine licence – generation assets); and

(c) the conditions in Part 2 (conditions) of Schedule 11 (deemed marine licence – transmission assets).

(4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(5) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the relevant plans.

(6) References in this Order to numbered works are references to the works as numbered in Part 1 of Schedule 1 (authorised development).

(7) The expression “ includes ” is to be construed without limitation unless the contrary intention appears.

(8) A reference to any statute, order, regulation or similar instrument is 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 subsequent re–enactment.

Section 3 Development consent etc. granted by the Order

(1) Subject to the provisions of this Order and to the requirements the undertaker is granted—

(a) development consent for the authorised development; and

(b) consent for the ancillary works,

to be carried out within the Order limits.

(2) Subject to the requirements and conditions of the deemed marine licences, the offshore works must be constructed within the Order limits seaward of MHWS and the onshore works must be constructed within the Order limits landward of MLWS.

Section 4 Operation of generating station

(1) The undertaker is authorised to use and operate the authorised development for which development consent is granted by this Order.

(2) Paragraph (1) does not relieve the undertaker of any requirement to obtain any permit or licence under any legislation that may be required from time to time to authorise the operation of the authorised development.

Section 5 Deemed marine licences under the 2009 Act

The deemed marine licences set out in Schedules 10 (deemed marine licence — generation assets) and 11 (deemed marine licence — transmission assets) respectively, are deemed to be granted to the undertaker under Part 4 (marine licences) of the 2009 Act for the licensed marine activities set out in Part 1, and subject to the conditions set out in Part 2, of each of those Schedules.

Section 6 Power to maintain the authorised development

(1) Subject to paragraph (2), the undertaker may at any time maintain the authorised development, except to the extent that this Order or an agreement made under this Order provides otherwise.

(2) The power to maintain conferred under paragraph (1) does not relieve the undertaker of any requirement to obtain any further licence under Part 4 (marine licensing) of the 2009 Act for the offshore works not covered by the deemed marine licences.

Section 7 Benefit of the Order

(1) Subject to this article, the provisions of this Order have effect solely for the benefit of the undertaker.

(2) Subject to paragraph (5), the undertaker may with the written consent of the Secretary of State—

(a) transfer to another person (the “transferee”) any or all of the benefit of the provisions of this Order (excluding the deemed marine licences) and such related statutory rights as may be agreed between the undertaker and the transferee; and

(b) grant to another person (the “lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order (excluding the deemed marine licences) and such related statutory rights as may be so agreed;

except where paragraph (7) applies, in which case the consent of the Secretary of State is not required.

(3) Subject to paragraphs (5) the undertaker may with the written consent of the Secretary of State—

(a) where an agreement has been made in accordance with paragraph (2)(a), transfer to the transferee the whole of any of the deemed marine licences and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b) where an agreement has been made in accordance with paragraph (2)(b), transfer to the lessee for the duration of the period mentioned in paragraph (2)(b), the whole of any of the deemed marine licences and such related statutory rights as may be so agreed.

(4) Where an agreement has been made in accordance with paragraph (2) or (3) references in this Order to the undertaker, except in paragraphs (6), (8), (11) and the first reference in paragraph (12) include references to the transferee or lessee.

(5) The Secretary of State must consult the MMO before giving consent to the transfer or grant to another person of the benefit of the provisions of the deemed marine licences.

(6) Where the undertaker has transferred any benefit, or for the duration of any period during which the undertaker has granted any benefit, under paragraphs (2) or (3)—

(a) the benefit transferred or granted (“the transferred benefit”) includes any rights that are conferred, and any obligations that are imposed, by virtue of the provisions to which the benefit relates;

(b) the transferred benefit resides exclusively with the transferee or, as the case may be, the lessee and the transferred benefit is not enforceable against the undertaker save in the case of a deemed marine licence transferred or granted in respect of any breach of an obligation by the undertaker which occurs prior to such transfer or grant or which occurs as a result of any activity carried out by the undertaker on behalf of the transferee; and

(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (2) or (3) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

(7) The consent of the Secretary of State is required for the exercise of powers under paragraphs (2) or (3) except where—

(a) the transferee or lessee is the holder of a licence under section 6 (licences authorising supply, etc.) of the 1989 Act;

(b) the transfer is of Work No. 13A to National Highways to allow National Highways to carry out works to the strategic road network;

(c) the transfer is of Work No. 13 to the local highway authority to allow the local highway authority to carry out works to the local road network; or

(d) the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—

(i) no such claims have been made,

(ii) any such claim has been made and has been compromised or withdrawn,

(iii) compensation has been paid in final settlement of any such claim,

(iv) payment of compensation into court has taken place in lieu of settlement of any such claim, or

(v) it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable.

(8) Prior to any transfer or grant under this article taking effect, the undertaker must give notice in writing to the Secretary of State, and if such transfer or grant relates to the exercise of powers in their area, to the MMO and the relevant planning authority.

(9) The notice required under paragraphs (8) must—

(a) state—

(i) the name and contact details of the person to whom the benefit of the provisions will be transferred or granted;

(ii) subject to paragraph (10), the date on which the transfer will take effect;

(iii) the provisions to be transferred or granted;

(iv) the restrictions, liabilities and obligations that, in accordance with paragraph (6)(c), will apply to the person exercising the powers transferred or granted; and

(v) where paragraph (7) does not apply, confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land; and

(b) be accompanied by—

(i) where relevant, a plan showing the works or areas to which the transfer or grant relates; and

(ii) a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted.

(10) The notice given under paragraph (8) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice and the date specified under paragraph 9(a)(ii) must not be earlier than the expiry of fourteen days from the date of receipt by the Secretary of State of the notice.

(11) Sections 72(7) and (8) of the 2009 Act (variation, suspension, revocation and transfer) do not apply to a transfer or grant of the whole of the benefit of the provisions of the deemed marine licences to another person by the undertaker pursuant to an agreement under paragraph (3) save that the MMO may amend any deemed marine licence granted under Schedule 10 (deemed marine licence - Generation Assets) or Schedule 11 (deemed marine licence - Transmission Assets) of the Order to correct the name of the undertaker to the name of a transferee or lessee under this article 7 (benefit of the Order).

Section 8 Application and modification of legislative provisions

The following enactments do not apply in relation to the construction of any work or the carrying out of any operation for the purpose of or in connection with, the construction of the authorised development or any maintenance of any part of the authorised development—

(a) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate authority) to the Water Resources Act 1991 ;

(b) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991 ;

(c) sections 23 (prohibition on obstructions etc. in watercourses) and 30 (authorisation of drainage works in connection with a ditch) of the Land Drainage Act 1991 ;

(d) regulation 12 (requirement for environmental permit) of the 2016 Regulations in respect of a flood risk activity only;

(e) the provisions of the Neighbourhood Planning Act 2017 in so far as they relate to the temporary possession of land under articles 30 (temporary use of land for carrying out the authorised development) and 31 (temporary use of land for maintaining the authorised development) of this Order;

(f) Sections 6 (grass verges etc.) and 30 (unauthorised structures on seashore) of the Essex Act 1987 ;

(g) Holland Haven Country Park Local Nature reserve byelaws made by Tendring District Council on 5th July 1995 under sections 20, 21(4) and 106 of the National Parks and Access to the Countryside Act 1949 in accordance with section 236 of the Local Government Act 1972 ; and

(h) Regulation 6 of the Hedgerows Regulations 1997 is modified so as to read for the purposes of this Order only as if there were inserted after paragraph (1)(j) the following—

(k) or for carrying out development which has been authorised by an order granting development consent pursuant to the Planning Act 2008.

Section 9 Defence to proceedings in respect of statutory nuisance

(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraphs (d), (fb), (g) and (ga) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if—

(2) the defendant shows that the nuisance—

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance or decommissioning of the authorised development and is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974 ; or

(b) is a consequence of the construction, maintenance or decommissioning of the authorised development and cannot reasonably be avoided; or

(c) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised development and that the nuisance is attributable to the use of the authorised development which is being used in compliance with requirement 15 (control of noise during the operational stage); or

(d) is a consequence of the use of the authorised development and cannot reasonably be avoided.

(3) For the purposes of paragraph (1) above, compliance with the controls and measures relating to noise, vibration, dust or artificial light described in the final code of construction practice approved in accordance with requirement 6, will be sufficient, but not necessary, to show that an alleged nuisance could not reasonably be avoided.

(4) Section 61(9) (consent for work on construction site) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction, maintenance or decommissioning of the authorised development.

Section 10 Street works

(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) as is within the Order limits and may—

(a) break up or open the street, or any sewer, drain or tunnel under it;

(b) tunnel or bore under the street;

(c) remove or use all earth and materials in or under the street;

(d) place apparatus under the street;

(e) maintain apparatus under the street or change its position; and

(f) execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (e).

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act .

Section 11 Application of the 1991 Act

(1) The provisions of the 1991 Act mentioned in paragraph (2) that apply in relation to the carrying out of street works under that Act and any regulations made or code of practice issued or approved under those provisions apply (with all necessary modifications) in relation to—

(a) the carrying out of works under article 10 (street works); and

(b) the temporary closure, temporary alteration or temporary diversion of a street by the undertaker under article 14 (temporary restriction of use of streets);

whether or not the carrying out of the works or the closure, alteration or diversion constitutes street works within the meaning of that Act.

(2) The provisions of the 1991 Act are—

(a) subject to paragraph (3), section 55 (notice of starting date of works);

(b) section 57 (notice of emergency works);

(c) section 60 (general duty of undertakers to co-operate);

(d) section 68 (facilities to be afforded to street authority);

(e) section 69 (works likely to affect other apparatus in the street);

(f) section 76 (liability for cost of temporary traffic regulation);

(g) section 77 (liability for cost of use of alternative route); and

(h) all provisions of that Act that apply for the purposes of the provisions referred to in sub-paragraphs (a) to (g).

(3) Section 55 of the 1991 Act as applied by paragraph (2) has effect as if references in section 57 of that Act to emergency works included a reference to a closure, stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(4) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

(a) section 56(d) (power to give directions as to timing of street works);

(b) section 56A(e) (power to give directions as to placing of apparatus);

(c) section 58(f) (restriction on works following substantial road works);

(d) section 58A(g) (restriction on works following substantial street works);

(e) section 61 (protected streets); and

(f) schedule 3A(h) (restriction on works following substantial street works).

Section 12 Construction and maintenance of new or altered highway

(1) Any highway to be constructed under this Order must be completed to the reasonable satisfaction of the relevant highway authority and, unless otherwise agreed in writing with the highway authority, the highway including any culverts or other structures laid under it must be maintained by and at the expense of the relevant highway authority from its completion.

(2) Where a highway is altered or diverted under this Order, the altered or diverted part of the highway must be completed to the reasonable satisfaction of the relevant highway authority and, unless otherwise agreed in writing with the relevant highway authority, that part of the highway including any culverts or other structures laid under it must be maintained by and at the expense of the relevant highway authority from its completion.

(3) In this article “ relevant highway authority ” means the highway authority in which the highway that is constructed, altered or diverted is situated.

Section 13 Temporary closure of public rights of way

(1) The undertaker may, in connection with the carrying out of the authorised development, temporarily close each of the public rights of way specified in column (1) of Part 2 (rights of way to be temporarily closed or restricted) of Schedule 4 (traffic regulation) to the extent specified in column (2), by reference to the letters shown on the temporary closure of public rights of way plan.

(2) The rights of way specified in Part 2 (rights of way to be temporarily closed or restricted) of Schedule 4 (traffic regulation) may not be temporarily closed under this article unless a diversion for the closed section of that right of way, is first provided by the undertaker to the standard defined in the public access management plan to be approved in accordance with the requirements, to the reasonable satisfaction of the highway authority.

(3) The relevant diversion route provided under paragraph (2) will be subsequently maintained by the undertaker until the re-opening of the relevant right of way specified in paragraph (1).

(4) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Section 14 Temporary restriction of use of streets

(1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily close, restrict, alter or divert any street and may for any reasonable time—

(a) divert the traffic or a class of traffic from the street; and

(b) subject to paragraph (3), prevent all persons from passing along the street.

(2) Without limiting paragraph (1), the undertaker may use any street temporarily closed under the powers conferred by this article within the Order limits as a temporary working site.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary closure, alteration or diversion of a street under this article if there would otherwise be no such access.

(4) Without limiting paragraph (1), the undertaker may temporarily close, restrict, alter or divert the streets specified in Part 1 of Schedule 4 (streets to be temporarily restricted) to the extent specified by reference to the letters and numbers shown on the street works and access plan.

(5) The undertaker must not temporarily close, restrict, alter, divert or use as a temporary working site—

(a) any street referred to in paragraph (4) without first consulting the street authority; and

(b) any other street without the consent of the street authority, which may attach reasonable conditions to the consent.

(6) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) If a street authority fails to notify the undertaker of its decision within 56 days of receiving an application for consent under paragraph (4), that street authority is deemed to have granted consent.

Section 15 Access to works

The undertaker may, for the purposes of the authorised development, form and lay out means of access, or improve an existing means of access for the purposes of the authorised development within the Order limits from the streets listed in Schedule 5 (access to works) and shown on the street works and access plan.

Section 16 Traffic regulation

(1) Subject to the provisions of this article, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with, or in consequence of, the construction of the authorised development temporarily—

(a) permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road;

(b) make provision as to the direction or priority of vehicular traffic on any road;

(c) place traffic signs and signals in the extents of the road specified in column (2) of Part 1 (streets to be temporarily closed or restricted), column (2) of Part 2 (public rights of way to be temporarily close or restricted) and column (3) of Part 3 (speed limits) of Schedule 4 (traffic regulation), and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016 .

(2) The undertaker must notify the chief officer of police and the traffic authority in whose area the road is situated of the intended date of commencement of development under this Order and the intended date of commencement of any works where the provision set out in paragraph (1) will apply not less than 14 days before such work are commenced.

(3) On and after the date notified by the undertaker in accordance with paragraph (4) no person is to drive any motor vehicle at a speed exceeding the limit specified in column (3) of Part 4 (speed limits) of Schedule 4 (traffic regulation) along the lengths of road identified in the corresponding row of column (2) of that Part for the period stated in the notice, which period may not exceed 18 months from the date notified.

(4) The undertaker must notify the chief officer of police and the traffic authority in whose area the road is situated of the date upon which paragraph (3) takes effect not less than 14 days before that date.

(5) The undertaker may issue more than one notice under paragraph (4). Where more than one notice is issued, the provision of section 88(1) (temporary speed limits) of the 1984 Act limiting the period of a temporary speed limit order to a period not exceeding 18 months applies to each notice individually, and notices may run consecutively.

(6) Without limitation on the scope of paragraph (1), and subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised development revoke, amend or suspend in whole or in part any order not listed in Schedule 4 made, or having effect as if made, under the 1984 Act, either at all times or at times, on days or during such periods as may be specified by the undertaker.

(7) The power conferred by paragraph (6) may be exercised at any time prior to the expiry of 12 months from the commencement of operation of the authorised development but subject to paragraph (9) any prohibition, restriction or other provision made under this article may have effect both before and after the expiry of that period.

(8) The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (9).

(9) The undertaker must not exercise the powers conferred by this article unless it has—

(a) given not less than—

(i) 12 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) 4 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

(10) Any prohibition, restriction or other provision made by the undertaker under this article—

(a) has effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004 .

(11) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by this article within a period of 24 months from the commencement of operation of the authorised development.

(12) Before exercising the powers conferred by this article the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person.

(13) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(14) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

(15) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when in accordance with regulation 3(5) of those regulations.

(16) Save for any application made to National Highways, if the traffic authority fails to notify the undertaker of its decision within 56 days of receiving an application for consent under this article, the traffic authority is deemed to have granted consent.

Section 17 Power to alter layout etc. of streets

(1) Subject to paragraphs (2) and (3), the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with constructing, operating or maintaining the authorised development, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may—

(a) alter the level or increase the width of the street including any kerb, footway, cycle track or verge; and

(b) make and maintain passing place(s).

(2) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.

(3) The powers conferred by paragraph (1) must not be exercised without the consent of the street authority.

(4) If a street authority fails to notify the undertaker of its decision within 56 days of receiving an application for consent under paragraph (5), that street authority is deemed to have granted consent.

Section 18 Discharge of water

(1) Subject to paragraphs (3) and (4) below the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may inspect, lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) is determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991 .

(3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(4) The undertaker must not carry out any works to any public sewer or drain pursuant to paragraph (1) except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(5) The undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of, or construct any Works in, under, over or within eight metres of, any watercourse forming part of a main river, or within 16 metres of a tidally influenced main river without the prior written consent of the Environment Agency.

(6) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(7) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by regulation 12 (requirement for an environmental permit) of the 2016 Regulations.

(8) In this article—

(a) “ public sewer or drain ” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board or a local authority; and

(b) other expressions, excluding watercourse, used both in this article and in the 2016 Regulations have the same meaning as in those Regulations.

(9) If a person who receives an application for consent or approval fails to notify the undertaker of a decision within 28 days of receiving an application for consent under paragraph (3), or approval under paragraph (4)(a) that person is deemed to have granted consent or given approval, as the case may be.

Section 19 Authority to survey and investigate the land

(1) The undertaker may for the purposes of this Order enter on any land above MLWS shown within the Order limits or which may be affected by the authorised development and—

(a) survey or investigate the land;

(b) without prejudice to the generality of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer, subsoil and groundwater, and remove soil and groundwater samples;

(c) without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, bore holes or trenches.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article on behalf of the undertaker—

(a) must, if so required before or after entering the land, produce written evidence of their authority to do so; and

(b) may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4) No trial holes, bore holes or trenches are to be made under this article—

(a) in land located within the highway boundary without the consent of the highway authority; or

(b) in a private street without the consent of the street authority;

but such consent must not be unreasonably withheld or delayed.

(5) Following completion of any activities being undertaken pursuant to this article the undertaker must remove all apparatus placed on the land in connection with such activities as soon as practicable, and the land must be restored to its original condition.

(6) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) If either a highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent—

(a) under paragraph (4)(a) in the case of a highway authority; or

(b) under paragraph (4)(b) in the case of a street authority;

that authority is deemed to have granted consent.

(8) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Section 20 Protective work to buildings

(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building within the Order limits which may be affected by the authorised development as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or

(b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of five years beginning with the day on which that part of the authorised development first becomes operational.

(3) For the purpose of determining how the powers under this article are to be exercised, the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage.

(4) For the purpose of carrying out protective works under this article to a building, the undertaker may (subject to paragraphs (5) and (6))—

(a) enter the building and any land within its curtilage; and

(b) where the works cannot be carried out reasonably conveniently without entering land that is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

(a) a power under paragraph (1) to carry out protective works to a building;

(b) a power under paragraph (3) to enter a building and land within its curtilage;

(c) a power under paragraph (4)(a) to enter a building and land within its curtilage; or

(d) a power under paragraph (4)(b) to enter land,

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise the power and, in a case falling within sub-paragraph (a), (c) or (d), specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of ten days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 47 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of the powers.

(8) Where—

(a) protective works are carried out under this article to a building; and

(b) within the period of five years beginning with the day on which the part of the authorised development carried out in the vicinity of the building first becomes operational it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development;

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act.

(10) Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies in respect of the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(12) In this article “ protective works ”, in relation to a building, means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage that may be caused to the building by the carrying out, maintenance or use of the authorised development; and

(b) any works the purpose of which is to remedy any damage that has been caused to the building by the carrying out, maintenance or use of the authorised development.

Section 21 Compulsory acquisition of land

(1) The undertaker may acquire compulsorily so much of the Order land as is required to carry out or to facilitate, or is incidental to, the authorised development.

(2) This article is subject to article 22 (time limit for exercise of authority to acquire land compulsorily), paragraph (2) of article 23 (compulsory acquisition of rights), article 27 (acquisition of subsoil only), article 29 (rights under or over streets), paragraph (8) of article 30 (temporary use of land for carrying out the authorised development), article 40 (crown rights) and article 41 (protective provisions).

Section 22 Time limit for exercise of authority to acquire land compulsorily

(1) After the end of the period of 7 years beginning on the day on which this Order is made—

(a) no notice to treat is to be served under Part 1 (Compulsory Purchase under Acquisition of Land Act of 1946) of the 1965 Act; and

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 26 (application of the 1981 Act),

in relation to any part of the Order land.

(2) The authority conferred by article 30 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Section 23 Compulsory acquisition of rights

(1) The undertaker may acquire such rights over the Order land, or impose restrictive covenants affecting the land as may be required for any purpose for which that land may be acquired under article 21 (compulsory acquisition of land), by creating them as well as acquiring rights already in existence.

(2) Subject to article 25 (private rights) and article 32 (statutory undertakers) in the case of the Order land specified in column (1) of Schedule 7 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of new rights in the land or the imposition of restrictive covenants as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

(3) Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 11 of Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants)), where the undertaker acquires a right over land or the benefit of a restrictive covenant, the undertaker is not required to acquire a greater interest in that land.

(4) Schedule 8 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictions) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(5) In any case where the acquisition of new rights or the imposition of restrictive covenants under paragraph (1) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question.

(6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

Section 24 Compulsory acquisition of land: minerals

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated in this Order, subject to the following modifications—

(a) paragraph 8(3) is not incorporated;

(b) for “acquiring authority” substitute “undertaker” ; and

(c) for “undertaking” substitute “authorised development” .

Section 25 Private rights

(1) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to compulsory acquisition under article 21 (compulsory acquisition of land) cease to have effect in so far as their continuance would be inconsistent with the exercise of the powers under article 21—

(a) as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b) on the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act ,

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights or restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 23 (compulsory acquisition of rights) cease to have effect in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant—

(a) as from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker (whether the right is acquired compulsorily, by agreement or through the grant of lease of the land by agreement); or

(b) on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act in pursuance of the right,

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable, in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land.

(4) Any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenant under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 32 (statutory undertakers) applies.

(6) Paragraphs (1) to (3) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land;

(ii) the undertaker’s appropriation of the land;

(iii) the undertaker’s entry onto the land; or

(iv) the undertaker taking temporary possession of the land;

that any or all of those paragraphs do not apply to any right specified in the notice; or

(b) any agreement made at any time between the undertaker and the person in or to whom the right or restrictive covenant in question is vested or belongs.

(7) If an agreement referred to in paragraph (6)(b)—

(a) is made with a person in or to whom the right or restrictive covenant is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person;

the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(8) Reference in this article to private rights over land includes reference to any trusts or incidents to which the land is subject.

Section 26 Application of the 1981 Act

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied, has effect with the following modifications.

(3) In section 1 (application of Act) for sub-section (2) substitute—

This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) Omit section 5 (earliest date for execution of declaration).

(5) Omit section 5A (time limit for general vesting declaration).

(6) In section 5B(1) (extension of time limit during challenge)—

(a) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order)” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent)” ; and

(b) for “the three year period mentioned in section 5A” substitute “the seven year period mentioned in article 22 (time limit for exercise of authority to acquire land compulsorily) of the Five Estuaries Offshore Wind Farm Order 2025” .

(7) In section 6 (notices after execution of declaration) for sub-section (1)(b) substitute—

on every other person who has given information to the acquiring authority with respect to any of that land further to the invitation published and served under section 134 of the Planning Act 2008,

(8) In section 7 (constructive notice to treat) in sub-section (1)(a) omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

But see article 27 (acquisition of subsoil only) of the Five Estuaries Offshore Wind Farm Order 2025 which excludes the acquisition of subsoil from this Schedule.

(10) References to the 1965 Act in the 1981 Act are to be constructed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act and as modified by article 28 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of the land under this Order.

Section 27 Acquisition of subsoil only

(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 21 (compulsory acquisition of land) and paragraph (1) of article 23 (compulsory acquisition of rights) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where the undertaker acquires any part of, or rights in the subsoil of land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—

(a) Schedule 2A to the 1965 Act (as modified by article 28 (modification of Part 1 of the 1965 Act));

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c) section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

(4) Paragraphs (2) and (3) do not apply where the undertaker acquires any part of, or rights in a cellar, vault, arch or other construction forming part of a house, building or factory.

Section 28 Modification of Part 1 of the 1965 Act

(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1) (extension of time limit during challenge), for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the 2008 Act, the seven year period mentioned in article 22 (time limit for exercise of authority to acquire land compulsorily) of the Five Estuaries Offshore Wind Farm Order 2025” .

(3) In section 11A (powers of entry: further notice of entry)—

(a) in sub-section (1)(a), after “land” insert “under that provision” ; and

(b) in sub-section (2), after “land” insert “under that provision” .

(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 22 (time limit for exercise of authority to acquire land compulsorily) of the Five Estuaries Offshore Wind Farm Order 2025” .

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

But see article 27(3) (acquisition of subsoil only) of the Five Estuaries Offshore Wind Farm Order 2025 which excludes the acquisition of subsoil only from this Schedule.

(b) at the end insert—

INTERPRETATION

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 19 (authority to survey and investigate the land), article 20 (protective work to buildings), article 30 (temporary use of land for carrying out the authorised development) or article 31 (temporary use of land for maintaining the authorised development) of the Five Estuaries Offshore Wind Farm Order 2025.

Section 29 Rights under or over streets

(1) The undertaker may enter on and appropriate so much of the subsoil of or air-space over any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Section 30 Temporary use of land for carrying out the authorised development

(1) The undertaker may, in connection with the carrying out of the authorised development, but subject to article 22 (time limit for exercise of authority to acquire land compulsorily)—

(a) enter on and take temporary possession of—

(i) the land specified in column (1) of Schedule 6 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (2) of that Schedule relating to the part of the authorised development specified in column (3) of that Schedule; and

(ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b) remove any buildings, agricultural plant and apparatus, drainage, fences, debris and vegetation from that land;

(c) construct temporary works (including the provision of means of access), structures and buildings on that land;

(d) use the land for the purposes of a working site with access to the working site in connection with the authorised development;

(e) construct any permanent works specified in relation to that land in column (3) of Schedule 6 (land of which temporary possession may be taken), or any other mitigation works in connection with the authorised development; and

(f) construct such works on that land as are mentioned in Schedule 1 (authorised development) including carrying out any mitigation works required under the requirements set out in Schedule 2 (requirements).

(2) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken in respect of land specified under paragraph (1)(a)(ii).

(3) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of Schedule 6 (land of which temporary possession may be taken); or

(b) in the case of any land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(4) Unless the undertaker has served notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act or otherwise acquired the land or rights over land subject to temporary possession, before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a) replace a building removed under this article;

(b) restore the land on which any permanent works (including ground strengthening works, drainage works, highway works including visibility splay creation or improvement, boundary treatments and mitigation works) have been constructed under paragraph (1)(e); or

(c) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development.

(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

(8) The undertaker must not compulsorily acquire, acquire new rights over or impose restrictive covenants over the land referred to in paragraph (1)(a)(i) of this article.

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in paragraph (1).

Section 31 Temporary use of land for maintaining the authorised development

(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a) enter on and take temporary possession of any land within the Order land if such possession is reasonably required for the purpose of maintaining the authorised development; and

(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11) In this article “ the maintenance period ”, in relation to any part of the authorised development, means the period of five years beginning with the date on which the authorised development is brought into commercial operation.

Section 32 Statutory undertakers

Subject to the provisions of Schedule 9 (protective provisions) the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans (onshore) within the Order land and described in the book of reference; and

(b) extinguish the rights of, and remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Section 33 Recovery of costs of new connections

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 32 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 32 (statutory undertakers), any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer;

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this paragraph—

“ public communications provider ” has the same meaning as in section 151(1) of the 2003 Act ; and

“ public utility undertaker ” means a gas, water, electricity of sewerage undertaker.

Section 34 Funding

(1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any Order land unless it has first put in place in relation to that land either—

(a) a guarantee and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or

(b) an alternative form of security and the amount of that security for that purpose approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2).

(2) The provisions are—

(a) article 21 (compulsory acquisition of land);

(b) article 23 (compulsory acquisition of rights);

(c) article 25 (private rights);

(d) article 27 (acquisition of subsoil only);

(e) article 29 (rights under or over streets);

(f) article 30 (temporary use of land for carrying out the authorised development);

(g) article 31 (temporary use of land for maintaining the authorised development);

(h) article 32 (statutory undertakers); and

(i) article 33 (recovery of costs of new connections).

(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

Section 35 Application of landlord and tenant law

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) No enactment or rule of law to which paragraph (2) applies is to apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Section 36 Felling or lopping of trees and removal of hedgerows

(1) Subject to article 37 (trees subject to tree preservation orders), the undertaker may fell or lop any tree or shrub, or cut back its roots, within or encroaching upon land within the Order limits if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons within the authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must—

(a) do no unnecessary damage to any tree or shrub; and

(b) pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2)—

(a) remove any hedgerows within the Order limits and specified in Part 2 of Schedule 12 (removal of hedgerows) that are required to be removed for the purposes of carrying out the authorised development; and

(b) remove any important hedgerows as are within the Order limits and specified in Part 3 of Schedule 12 (removal of important hedgerows) that are required to be removed for the purposes of carrying out the authorised development.

(5) In this article “hedgerow” and “ important hedgerow ” has the same meaning as in the Hedgerows Regulations 1997 .

Section 37 Trees subject to tree preservation orders

(1) Subject to paragraph (2), the undertaker must not fell, lop, prune, or cut back the roots of any tree which is the subject of a tree preservation order except as provided in Schedule 12 Part 1 (tree preservation orders).

(2) The undertaker may fell, lop or cut back the roots of any tree within or encroaching upon the Order limits that is subject to a tree preservation order and which is not listed in Schedule 12 Part 1 (tree preservation orders) if the tree preservation order was made after 12 March 2024 and the undertaker reasonably believes it to be necessary in order to do so in order to prevent the tree—

(a) from obstructing or interfering with onshore site preparation works for the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons within the authorised development.

(3) In carrying out any activity authorised by paragraph (2)—

(a) the undertaker must not cause unnecessary damage to any tree and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

(4) The authority given by paragraph (2) constitutes a deemed consent under the relevant tree preservation order.

(5) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, must be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) In this article, “ tree preservation order ” has the same meaning as in section 198 (power to make tree preservation orders) of the 1990 Act.

Section 38 Abatement of works abandoned or decayed

Where any of the offshore works or any part of them is abandoned or allowed to fall into decay, the Secretary of State may, following consultation with the undertaker, issue a written notice requiring the undertaker at its own expense either to repair, make safe and restore one or any of those works, or remove them or any relevant part of it, without prejudice to any notice served under section 105(2) (requirement to prepare decommissioning programmes) of the 2004 Act . The notice may also require the restoration of the site of the relevant part(s) of the works.

Section 39 Saving provisions for Trinity House

Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House.

Section 40 Crown rights

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any licensee or lessee to use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

(a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Section 41 Protective provisions

Schedule 9 (protective provisions) has effect.

Section 42 Application of the 1990 Act

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land) of the 1990 Act.

Section 43 Certification of plans, etc.

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all of the documents listed in Schedule 15 (documents to be certified) for certification that they are true copies of the documents referred to in this Order.

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Section 44 Service of notices

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(c) with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(c) the notice or document is legible in all material respects; and

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “ legible in all material respects ” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Section 45 No double recovery

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Section 46 Requirements

Schedule 2 Part 2 (approval of matters specified in requirements) has effect in relation to all agreements or approvals granted, refused or withheld in relation to the requirements.

Section 47 Arbitration

(1) Subject to article 39 (saving provisions for Trinity House) any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules at Schedule 14 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

(2) For the avoidance of doubt, any matter for which the consent or approval of the Secretary of State or the MMO is required under any provision of this Order is not subject to arbitration.

Section 48 Compensation

Schedule 13 (compensation) has effect.

Signed by authority of the Secretary of State for Energy Security and Net Zero

Section 1 Time limits

The authorised development must commence no later than the expiration of seven years beginning with the date this Order comes into force.

Section 1 Interpretation

In this Part of this Schedule “ application ” means an application for any consent, agreement or approval required by a requirement whether or not the application seeks to discharge a requirement in whole or in part.