The Mona Offshore Wind Farm Order 2025

• Citation: S.I. 2025/870
• Sections: 263

Section 1 Citation and commencement

This Order may be cited as the Mona Offshore Wind Farm Order 2025 and comes into force on 28th July 2025.

Section 2 Interpretation

(1) Except for Schedule 14 (deemed marine licence), which is subject to the definitions in that Schedule, 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 ;

“ 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 ;

“ ancillary works ” means the ancillary works described in Part 2 (ancillary works) of Schedule 1 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 section 105(1) of the 1991 Act;

“ authorised development ” means the development and associated development described in Part 1 (authorised development) of Schedule 1 and any other development authorised by this Order that is development within the meaning of section 32 of the 2008 Act;

“ authorised project ” means the authorised development and the ancillary works;

“ bank holiday ” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971 ;

“ book of reference ” means the document certified as the book of reference by the Secretary of State under article 41 for the purposes of this Order;

“ 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 Monday to Friday excluding bank holidays and other public holidays;

“ cable ” means cables up to 400kV 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 and sub-sea 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 measures to protect cables from physical damage including but not limited to concrete mattresses, with or without frond devices, and/or rock placement, the use of bagged solutions filled with grout or other materials;

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

“ commence ” means

for the purposes of the requirements, the first carrying out of any activities in relation to the offshore works, save for non-intrusive pre-construction surveys, unexploded ordnance surveys and low order unexploded ordnance clearance;

for any other purposes, the first carrying out of any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised project except for onshore site preparation works,

and the words “commenced” and “ commencement ” must be construed accordingly;

“ commercial operation ” means in relation to any part of the authorised project, the exportation, transmission or conversion, on a commercial basis, of electricity;

“ commissioning ” means the process of assuring that all systems and components of the authorised development are tested to verify that they function and are operable in accordance with the design objectives, specifications and operational requirements of the undertaker;

“ deemed marine licence ” means the marine licence set out in Schedule 14 (Marine Licence ORML2429G: Mona Offshore Wind Farm Generation Assets);

“ design principles ” means the document certified as the design principles by the Secretary of State under article 41 for the purposes of this Order;

“ 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 document certified as the environmental statement by the Secretary of State under article 41 for the purposes of this Order including the documents listed in Table 6 of Schedule 15;

“ foundation ” means any one or more of: a multi-leg pin piled jacket foundation, multi-leg suction bucket jacket foundation, or gravity base foundation;

“ gravity base foundation ” means a structure principally of steel, concrete, or steel and concrete with a base which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“ greenhouse gas reduction strategy ” means the document certified as the greenhouse gas reduction strategy by the Secretary of State under article 41 for the purposes of this Order;

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

“ HVAC ” means high voltage alternating current;

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

“ interconnector cables ” means the cables linking the offshore substation platforms to each other;

“ jacket foundation ” means a steel jacket/lattice-type structure constructed principally 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;

“ joint bay ” means an excavation formed to enable the jointing of the cables;

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

“ LAT ” means lowest astronomical tide;

“ land plan (onshore) ” means the document certified as the land plan (onshore) by the Secretary of State under article 41 for the purposes of this Order;

“ landscape enhancement scheme principles ” means the document certified as the landscape enhancement scheme principles by the Secretary of State under article 41 for the purposes of this Order;

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

“ location plan ” means the document certified as the location plan by the Secretary of State under article 41 for the purposes of this Order;

“ maintain ” includes works to:

inspect, upkeep, repair, adjust or alter the authorised project;

remove, reconstruct or replace any part of the offshore works in accordance with condition 10, Part 2 of Schedule 14; and

remove, reconstruct or replace any part of the onshore works (excluding removal, reconstruction or replacement of whole buildings associated with the onshore substation),

provided that such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “ maintain ” is to be construed accordingly;

“ MCA ” means the Maritime and Coastguard Agency, the executive agency of the Department for Transport;

“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 that spring tides reach on average over a period of time;

“ measures to minimise disturbance to marine mammals and rafting birds from transiting vessels ” means the document certified as the measures to minimise disturbance to marine mammals and rafting birds from transiting vessels by the Secretary of State under article 41 for the purposes of this Order;

“ National Grid Substation ” means the substation at Bodelwyddan which is owned and operated by National Grid;

“ NRW ” means Natural Resources Body for Wales or any successor body to its functions;

“ offshore in-principle monitoring plan ” means the document certified as the offshore in-principle monitoring plan by the Secretary of State under article 41 for the purposes of this Order;

“ offshore order limits and grid coordinates plan ” means the document certified as the offshore order limits and grid coordinates plan by the Secretary of State under article 41 for the purposes of this Order;

“ offshore substation platform ” means a structure above LAT and attached to the seabed by means of a foundation, with one or more decks and open with modular equipment or fully clad, containing—

electrical equipment required to switch, transform or convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation, including high voltage power transformers, high voltage switchgear and busbars, substation auxiliary systems and low voltage distribution, instrumentation, metering equipment and control systems, standby generators, shunt reactors, auxiliary and uninterruptible power supply systems;

accommodation, storage, workshop auxiliary equipment and facilities for operating, maintaining and controlling the substation or wind turbine generators, including navigation, aviation and safety marking and lighting, systems for vessel access, charging and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities and other associated equipment and facilities;

“ offshore works ” means Work Nos. 1 and 2 and any related further associated development in connection with those Works;

“ onshore crossing schedule ” means the document certified as the onshore crossing schedule by the Secretary of State under article 41 for the purposes of this Order;

“ onshore site preparation works ” means operations consisting of site clearance, demolition, early planting of landscaping works, archaeological investigations, environmental surveys, ecological mitigation, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, the diversion and laying of utilities and services, site security works, the erection of any temporary means of enclosure, the erection of temporary hard standing, the erection of welfare facilities, creation of site accesses and the temporary display of site notices or advertisements;

“ onshore substation ” means an HVAC substation compound sited at Bodelwyddan 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;

“ onshore substation temporary construction compound ” means a temporary construction compound and laydown area of up to 150,000 square metres needed to store equipment and materials and for site accommodation during the construction of the onshore substation;

“ onshore works ” means Work Nos. 3 to 38 inclusive and any related further associated development in connection with those Works;

“ Order land ” means the land shown on the land plan (onshore) 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 – onshore and works plan - offshore and intertidal within which the authorised project may be carried out;

“ operation ” means the undertaking of activities authorised by this Order which are not part of the construction, commissioning or decommissioning of the authorised development;

“ outline code of construction practice ” means the document certified as the outline code of construction practice by the Secretary of State under article 41 for the purposes of this Order including the annexes to the outline code of construction practice listed in Table 7 of Schedule 15;

“ outline fisheries liaison and co-existence plan ” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State under article 41 for the purposes of this Order;

“ outline highways access management plan ” means the document certified as the outline highways access management plan by the Secretary of State under article 41 for the purposes of this Order;

“ outline landscape and ecology management plan ” means the document certified as the outline landscape and ecology management plan by the Secretary of State under article 41 for the purposes of this Order;

“ outline marine mammal mitigation protocol ” means the document certified as the outline marine mammal mitigation protocol by the Secretary of State under article 41 for the purposes of this Order;

“ outline offshore written scheme of investigation and protocol for archaeological discoveries ” means the document certified as the outline offshore written scheme of investigation and protocol for archaeological discoveries by the Secretary of State under article 41 for the purposes of this Order;

“ outline offshore operations and maintenance plan ” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State under article 41 for the purposes of this Order;

“ outline onshore written scheme of investigation ” means the document certified as the outline onshore written scheme of investigation by the Secretary of State under article 41 for the purposes of this Order;

“ outline operation drainage management strategy ” means the document certified as the outline operation drainage management strategy by the Secretary of State under article 41 for the purposes of this Order;

“ outline skills and employment plan ” means the document certified as the outline skills and employment plan by the Secretary of State under article 41 for the purposes of this Order;

“ outline underwater sound management strategy ” means the document certified as the outline underwater sound management strategy by the Secretary of State under article 41 for the purposes of this Order;

“ outline vessel traffic management plan ” means the document certified as the outline vessel traffic management plan by the Secretary of State under article 41 for the purposes of this Order;

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

“ platform ” means an offshore structure 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;

“ primary temporary construction compound ” means a temporary construction compound and laydown area of up to 22,500 square metres needed to store equipment and materials and for site accommodation during the construction of the authorised project;

“ 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 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 including by the use of bagged solutions filled with grout or other materials, protective aprons, mattresses with or without frond devices, and rock and gravel placement;

“ secondary temporary construction compound ” means one of up to four temporary construction compounds and laydown areas each of up to 15,000 square metres needed to store equipment and materials and for site accommodation during the construction of the authorised project;

“ special category land plan ” means the document certified as the special category land plan by the Secretary of State under article 41 for the purposes of this Order;

“ 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 to works plan ” means the document certified as the street works and access to works plan by the Secretary of State under article 41 (certification of plans, etc.) for the purposes of this Order;

“ suction bucket ” means a tubular steel structure which 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 document certified as the temporary stopping up of public rights of way plan by the Secretary of State under article 41 for the purposes of this Order;

“ transition joint bay temporary construction compound ” means a temporary construction compound and laydown area of up to 15,000 square metres needed to store equipment and materials during and for site accommodation the construction of the transition joint bays for the authorised project;

“ tree and hedgerow plan ” means the document certified as the tree and hedgerow plan by the Secretary of State under article 41 for the purposes of this Order;

“ 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;

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

“ UKHO ” means the United Kingdom Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

“ undertaker ” means Mona Offshore Wind Limited (company registration number 13497266) whose registered office address is Chertsey Road, Sunbury on Thames, Middlesex, United Kingdom, TW16 7BP;

“ 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), transition piece, 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 and intertidal” means the document certified as the works plan – offshore and intertidal by the Secretary of State under article 41 for the purposes of this Order; and

“ works plan - onshore ” means the document certified as the works plan - onshore by the Secretary of State under article 41 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, areas and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

(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).

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, the offshore works must be constructed within the Order limits seaward of MLW and the onshore works must be constructed within the Order limits landward of MLW.

Section 4 Operation of generating station

(1) The undertaker is authorised to use and operate the authorised project 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 project.

Section 5 Deemed marine licence under the 2009 Act

The marine licence set out in Schedule 14 is deemed to have been granted to the undertaker under Part 4 (marine licensing) of the 2009 Act for the licensed marine activities specified in Part 1 of the marine licence and subject to the conditions specified in Part 2 of the marine licence.

Section 6 Power to maintain the authorised project

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

(2) 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 licensable marine activities not covered by the deemed marine licence.

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 licence) 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 licence) and such related statutory rights as may be so agreed

except where paragraph (6) applies, in which case no consent of the Secretary of State is required.

(3) Subject to paragraph (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 the deemed marine licence and such related statutory rights as may be agreed between the undertaker and the transferee; and

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

except where paragraph (6) applies, in which case no consent of the Secretary of State is required.

(4) The Secretary of State must consult NRW before giving consent to the transfer or grant to another person of the benefit of the deemed marine licence under paragraph (3).

(5) 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”) shall include 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 shall reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit shall not be enforceable against the undertaker; and

(c) the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraphs (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.

(6) No consent of the Secretary of State is required where—

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

(b) 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.

(7) Where an agreement has been made in accordance with paragraph (2) or (3), references in this Order to the undertaker, except in paragraph (5) will include references to the transferee or lessee in accordance with that agreement.

(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 NRW and the relevant planning authority.

(9) A notice required under paragraph (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) 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 sub-paragraph (4)(c), will apply to the person exercising the powers transferred or granted; and

(v) where paragraph (6) does not apply, confirmation of the availability and adequacy of funds for compensation associated with the compulsory acquisition of the Order land;

(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 specified 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.

(11) Sections 72(7) and (8) of the 2009 Act do not apply to a transfer or grant of the benefit of the provisions of the deemed marine licence to another person by the undertaker pursuant to an agreement under this article.

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 or maintenance of the authorised project or any maintenance of any part of the authorised project—

(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 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 ; and

(d) the provisions of the Neighbourhood Planning Act 2017 in so far as they relate to the temporary possession of land under articles 28 (temporary use of land for carrying out the authorised project) and 29 (temporary use of land for maintaining the authorised project) of this Order.

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 (g) and (ga) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order may be made, and no fine may be imposed, under section 82(2) of that Act if 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 project and is attributable to the carrying out of the authorised project 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 is a consequence of the construction, maintenance or decommissioning of the authorised project and cannot reasonably be avoided; or

(b) is a consequence of the use of the authorised project and cannot reasonably be avoided.

(2) 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 project.

Section 10 Street works

(1) The undertaker may, for the purposes of the authorised project, 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 within or under it;

(b) tunnel or bore under the street;

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

(d) place and keep apparatus within or under the street;

(e) maintain apparatus within or 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 12 (temporary restriction of use of streets);

whether or not the carrying out of the works or the temporary 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 temporary closure, 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 Temporary restriction of use of streets

(1) The undertaker, during and for the purposes of carrying out the authorised project, may temporarily close, 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, alter or divert the streets specified in Schedule 4 (streets to be temporarily closed or restricted) to the extent specified in column (2), by reference to the numbers shown on the street works and access to works plan.

(5) The undertaker must not temporarily close, 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 28 days of receiving an application for consent under paragraph (5)(b), that street authority is deemed to have granted consent.

Section 13 Temporary closure of public rights of way

(1) The undertaker may in connection with the carrying out of the authorised project, temporarily close , restrict or divert each of the public rights of way specified in column (1) of Schedule 5 (public rights of way to be temporarily closed or restricted) to the extent specified in column (2), by reference to the numbers and letters shown on the temporary closure of public rights of way plan.

(2) The public rights of way specified in Schedule 5 (public rights of way to be temporarily closed or restricted) may not be temporarily closed, restricted or diverted 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 rights of way management strategy forming part of the code of construction practice to be approved in accordance with the requirements set out in Schedule 2, to the reasonable satisfaction of the relevant planning 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).

Section 14 Access to works

(1) The undertaker may, for the purposes of the authorised project—

(a) form and lay out and maintain means of access, or improve or maintain existing means of access for the purposes of the authorised project in the locations specified in Schedule 6 (access to works) and shown on the street works and access to works plan; and

(b) with the approval of the relevant planning authority after consultation with the relevant highway authority in accordance with requirement 10 (highway accesses) of Schedule 2 (Requirements), form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised project.

(2) If the relevant planning authority fails to notify the undertaker of its decision within 28 days of receiving an application for approval under paragraph (1)(b) that relevant planning authority is deemed to have granted approval.

Section 15 Agreements with street authorities

(1) A street authority and the undertaker may enter into agreements with respect to—

(a) any temporary closure, alteration or diversion of a street authorised by this Order; or

(b) the carrying out in the street of any of the works referred to in article 10 (street works).

(2) Such an agreement may, without limiting paragraph (1)—

(a) provide for the street authority to carry out any function under this Order that relates to the street in question;

(b) include an agreement between the undertaker and the street authority specifying a reasonable time for the completion of the works; and

(c) contain such terms as to payment and otherwise as the parties consider appropriate.

Section 16 Discharge of water

(1) Subject to paragraphs (3) and (4) and Part 5 of this Order 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 project 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) must be 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 NRW.

(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 environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 .

(8) In this article—

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

(b) other expressions, excluding watercourse, used both in this article and in the Environmental Permitting (England and Wales) Regulations 2016 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 17 Authority to survey and investigate the land

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

(a) survey or investigate the land;

(b) without prejudice to the generality of sub-paragraph (a), make trial holes or boreholes 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, including the digging of trenches; and

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and the making of trial holes boreholes 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. If the undertaker proposes to do any of the following, the notice must include details of what is proposed—

(a) boring or excavating;

(b) leaving apparatus on the land; and

(c) taking samples.

(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, boreholes or trenches.

(4) No trial holes 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) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers 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.

(6) 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.

(7) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto or possession 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 18 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 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 project; or

(b) after the completion of that part of the authorised project 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 project is first brought into commercial operation.

(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 sub-paragraph (4)(a) to enter a building and land within its curtilage; or

(d) a power under sub-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-paragraphs (a), (c) or (d), the notice must specify the protective works proposed to be carried out.

(6) Where a notice is served under sub-paragraphs (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 45 (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 project carried out in the vicinity of the building is first brought into commercial operation 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 project;

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 project; 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 project.

Section 19 Compulsory acquisition of land

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

(2) This article is subject to:

(a) article 20 (time limit for exercise of authority to acquire land compulsorily);

(b) article 21 (compulsory acquisition of rights);

(c) article 25 (acquisition of subsoil only);

(d) article 27 (rights under or over streets);

(e) article 28 (temporary use of land for carrying out the authorised project)

(f) article 38 (crown rights); and

(g) article 39 (protective provisions).

Section 20 Time limit for exercise of authority to acquire land compulsorily

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

(a) no notice to treat may be served under Part 1 (compulsory purchase under acquisition of Land Act of 1946) of the 1965 Act; and

(b) no declaration may be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 24 (application of the 1981 Act)

in relation to any part of the Order land.

(2) The authority conferred by article 28 (temporary use of land for carrying out the authorised project) 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 21 Compulsory acquisition of rights

(1) The undertaker may acquire such rights over the Order land, by creating them as well as acquiring rights already in existence, or impose restrictions affecting the land as may be required for any purpose for which that land may be acquired under article 19 (compulsory acquisition of land).

(2) Subject to article 23 (private rights) and article 30 (statutory undertakers) in the case of the Order land specified in column (1) of Schedule 8 (land in which only new rights etc. may be acquired) the powers of compulsory acquisition conferred by this Order are limited to the acquisition of new rights in the land or the imposition of restrictions for the purpose specified in relation to that land in column (2) of that Schedule and as described in the book of reference.

(3) Subject to section 8 (other provisions as to divided land) of and Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictions)), where the undertaker acquires a right over the Order land or imposes a restriction under this article, the undertaker is not required to acquire a greater interest in that land.

(4) Schedule 9 (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 Order of a right over land by the creation of a new right or the imposition of a restriction.

(5) In any case where the acquisition of new rights or the imposition of restrictions under paragraph (1) or (2) is required for the purposes 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 or impose such restrictions 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 22 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 project” .

Section 23 Private rights

(1) Subject to the provisions of this article, all private rights or restrictions over land subject to compulsory acquisition under article 19 (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 19—

(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) (powers of entry) of the 1965 Act

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights or restrictions over land subject to the compulsory acquisition of rights or the imposition of restrictions under article 21 (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 restriction—

(a) as from the date of the acquisition of the right or the imposition of the restriction 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 restrictions 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 restriction 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 30 (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 restrictions 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’s taking temporary possession of the land;

that any or all of those paragraphs do not apply to any right or restriction 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 restriction in question is vested, belongs or benefits.

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

(a) is made with a person in or to whom the right or restriction in question is vested, belongs or benefits; 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 any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Section 24 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) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the applicable period for the purposes of section 5A” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent) the five year period mentioned in article 20 (time limit for exercise of authority to acquire land compulsorily) of the Mona Offshore Wind Farm Order 2025” .

(7) In section 6 (notices after execution of declaration) in sub-section (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” 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 25 (acquisition of subsoil only) of the Mona 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 26 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of the land under this Order.

Section 25 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 19 (compulsory acquisition of land) and paragraph (1) of article 21 (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 26 (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 a cellar, vault, arch or other construction forming part of a house, building or factory or airspace above a house, building or factory.

Section 26 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 set out in paragraphs (2) to (5).

(2) In section 4A(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), the applicable period for the purposes of section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 20 (time limit for exercise of authority to acquire land compulsorily) of the Mona 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” ;

(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 20 (time limit for exercise of authority to acquire land compulsorily) of the Mona 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 25(3) (acquisition of subsoil only) of the Mona 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 18 (protective work to buildings), article 28 (temporary use of land for carrying out the authorised project) or article 29 (temporary use of land for maintaining the authorised project) of the Mona Offshore Wind Farm Order 2025

Section 27 Rights under or over streets

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

(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 28 Temporary use of land for carrying out the authorised project

(1) The undertaker may, in connection with the carrying out of the authorised project—

(a) enter on and take temporary possession of—

(i) the land specified in column (1) of Schedule 7 (land of which only 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 project 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), haul roads, security fencing, bridges, services, signage, 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 project;

(e) construct any permanent works, or use the land, as specified in column (3) of Schedule 7 (land of which only temporary possession may be taken);

(f) construct such works as are mentioned in Part 1 (authorised development) of Schedule 1 (authorised project); and

(g) carry out mitigation works identified in the environmental statement or required pursuant to the requirements in Schedule 2.

(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, remain in possession of the land under this article for longer than is reasonably necessary and in any event, 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 project specified in relation to that land in column (3) of Schedule 7 (land of which only 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, before 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 any building, structure, drain or electric line removed under this article;

(b) remove any drainage works installed by the undertaker under this article;

(c) remove any new road surface or other improvements carried out under this article to any street specified in Schedule 3 (streets subject to street works);

(d) restore the land on which any permanent works (including ground strengthening works) have been constructed under paragraph (1)(e) insofar as the works relate to mitigation works identified in the environmental statement or required pursuant to the requirements in Schedule 2; or

(e) remove any fencing or boundary treatments installed by the undertaker under this article to replace or enhance existing fencing or boundary treatments;

(f) remove any mitigation works required pursuant to the requirements in Schedule 2 (requirements);

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

(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 project, other than loss or damage for which compensation is payable under paragraph (5).

(8) The undertaker may not compulsorily acquire any land or rights, including new rights or restrictions, over the land referred to in paragraph (1)(a)(i) of this Order.

(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) Paragraph (1)(a)(ii) does not authorise the undertaker to take temporary possession of any land which the undertaker is not authorised to acquire under article 19 (compulsory acquisition of land) or article 21 (compulsory acquisition of rights).

Section 29 Temporary use of land for maintaining the authorised project

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

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

(b) enter on any of the Order land for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised project; and

(c) 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 or 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 project 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 project, 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 project means the period of five years beginning with the date on which the authorised development is brought into commercial operation.

Section 30 Statutory undertakers

Subject to the provisions of Schedule 10 (protective provisions) the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictions over, the land belonging to statutory undertakers shown on the land plan (onshore) and described in the book of reference; and

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

Section 31 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 30 (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 30 (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 ” has the same meaning as in the 1980 Act.

Section 32 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 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 19 (compulsory acquisition of land);

(b) article 21 (compulsory acquisition of rights);

(c) article 23 (private rights);

(d) article 25 (acquisition of subsoil only);

(e) article 27 (rights under or over streets);

(f) article 28 (temporary use of land for carrying out the authorised project);

(g) article 29 (temporary use of land for maintaining the authorised project);

(h) article 30 (statutory undertakers); and

(i) article 31 (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.

(5) Nothing in this article requires a guarantee or alternative form of security to be put in place by the undertaker where—

(a) the undertaker provides the Secretary of State with financial information sufficient to demonstrate that it has appropriate funding in place without a guarantee or alternative form of security to meet any liability to pay compensation under this Order in respect of the exercise of the relevant powers in paragraph (1); and

(b) The Secretary of State provides written confirmation that no such guarantee is required, such written confirmation not to be unreasonably withheld.

Section 33 Application of landlord and tenant law

(1) This article applies to:

(a) any agreement for leasing to any person of the whole or any part of the authorised project 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 project, or any part of it,

so far as the agreement relates to the terms on which any land that 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) Accordingly, no such enactment or rule of law 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 34 Felling or lopping of trees and removal of hedgerows

(1) Subject to article 35 (trees subject to tree preservation orders) the undertaker may fell or lop, or cut back the roots of, any tree or shrub within, or overhanging, the land within the Order limits or any tree or shrub near any part of the authorised project if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub—

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

(b) from constituting a danger to persons using the authorised project.

(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, must 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 project but subject to paragraph (2)—

(a) remove any hedgerow within the Order limits or specified in Schedule 11, Part 1 (removal of hedgerows) that may be required to be removed for the purposes of carrying out the authorised project; and

(b) remove the important hedgerows within the Order limits and specified in Schedule 11 Part 2 (removal of important hedgerows).

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

Section 35 Trees subject to tree preservation orders

(1) Subject to paragraph (2), the undertaker must not fell or lop or cut back the roots of any tree which is the subject of a tree preservation order.

(2) The undertaker may fell or lop, or cut back the roots of, any tree within, or overhanging, the land within the Order limits or any tree near any part of the authorised project that is specified in Schedule 11, Part 3 (trees subject to tree preservation orders) or is subject to a tree preservation order which was made after 21 February 2024, if it 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 the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project; or

(b) from constituting an unacceptable source of danger.

(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 (23), 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 36 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 the offshore works or any relevant part, 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 offshore works.

Section 37 Saving provisions for Trinity House

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

Section 38 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) belonging to —

(a) 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) 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) 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 39 Protective provisions

Schedule 10 (protective provisions) has effect.

Section 40 Operational land for the purposes 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 41 Certification of plans and documents, 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 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 42 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 transmission 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 43 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 44 Requirements, appeals, etc.

Schedule 12 (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 45 Arbitration

(1) Subject to article 37 (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 13 (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 NRW is required under any provision of this Order is not subject to arbitration.

Section 1

A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 15 (generating stations) of the 2008 Act located in the Irish Sea approximately 28 kilometres from the coast of North Wales being an offshore wind generating station with an electrical output capacity of over 350 megawatts comprising—

Work No. 1:

(a) up to 96 wind turbine generators each fixed to the seabed by a foundation and further comprising (b) to (d) below;

(b) a network of subsea inter-array cables between the wind turbine generators and the offshore substation platforms including cable crossings and cable protection;

(c) up to four offshore substation platforms each fixed to the seabed by a foundation; and

(d) a network of subsea interconnector cables between the offshore substation platforms including cable crossings and cable protection;

and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising—

Work No. 2: installation of up to four subsea export cable circuits between Work No. 1 and Work No. 3 including cable crossings, cable protection, trenchless installation technique works including the creation of entry and exit pits for trenchless installation techniques; and

Work No. 1 and Work No. 2 are to be constructed seaward of MLW within the area delineated by the coordinates shown on the offshore order limits and grid coordinates plan and listed in Table 1 below—

Section 2

Works within the Order limits which fall within the scope of the work assessed by the environmental statement comprising –

(a) intrusive ground investigations including the making of boreholes and trial pits;

(b) temporary landing places, moorings or other means of accommodating vessels in the construction and/or maintenance of the authorised development;

(c) marking buoys, beacons, fenders and other navigational warning or ship impact protection works; and

(d) works to the benefit or protection of land, watercourses or structures affected by the authorised development.

Section 1 Time limits

(1) Subject to sub-paragraph (2) the authorised project must commence no later than the expiration of five years beginning with the date this Order comes into force.

(2) If proceedings are begun to challenge the validity of this Order before the end of the period referred to in sub-paragraph (1) the period in sub-paragraph (1) must be taken to be extended by one year.

Section 2 Offshore design parameters

(1) The offshore works must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 2.

(2) The undertaker may not undertake Work No. 1 in a manner which would give rise to any materially new or materially different environmental effects to those identified in the environmental statement and in particular may not exceed the maximum rotor swept area as identified in Table 2 .

Section 3 Aviation safety

(1) The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by Air Navigation Order 2016 and/or determined necessary for aviation safety in consultation with the Defence Infrastructure Organisation Safeguarding and as directed by the Civil Aviation Authority. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the life of the authorised project unless otherwise agreed with the Defence Infrastructure Organisation Safeguarding.

(2) The undertaker must notify Defence Infrastructure Organisation Safeguarding and the Civil Aviation Authority, at least 14 days prior to the commencement of the offshore works, of the following—

(a) the date of the commencement of construction of the offshore works;

(b) the expected date any wind turbine generators are brought into use;

(c) the maximum height of any construction equipment to be used;

(d) the maximum heights of any wind turbine generator and offshore substation platform to be constructed; and

(e) the latitude and longitude of each wind turbine generator and offshore substation platform to be constructed.

(3) The Defence Infrastructure Organisation Safeguarding and the Civil Aviation Authority must be notified of any changes to the information supplied under sub-paragraph (2) and of the completion of the construction of the offshore works.

(4) The lights installed in accordance with sub-paragraph (1) will be operated at the lowest permissible light intensity level.