United Kingdom Statutory Instruments

"authorised works" means the scheduled works and any other works or facilities authorised by this Order;

"Civil Aviation Authority" means the body corporate called the Civil Aviation Authority constituted by the Civil Aviation Act 1982;

"the level of high water" means the level of mean high water springs;

"the limits of deviation" in relation to a work, means the limits of deviation related to that work which are shown on the works plans;

"maintain" includes inspect, repair, adjust, alter, relay, remove, reconstruct and replace; and "maintenance" shall be construed accordingly;

"the inter-turbine cables" means the cables referred to in paragraph 1(b) of Schedule 1 to this Order;

"the marine feeder cables" means the cables referred to in paragraph 1(c) of Schedule 1 to this Order;

"notice to mariners" includes any notice to mariners which may be issued to mariners by the Admiralty, Trinity House, Queen's Harbourmasters, government departments and harbour and pilotage authorities;

"the scheduled works" means the works specified in Schedule 1 to this Order;

"the sections" means the sections certified by the Secretary of State as the sections for the purposes of this Order;

"Trinity House" means the Corporation of Trinity House of Deptford Strond;

"the undertaker" means Norfolk Offshore Wind Limited or any person to whom the powers conferred by this Order are transferred in an agreement pursuant to article 22;

"vessel" means a ship, boat, raft or water craft of any description and includes non-displacement craft, seaplanes and any other thing constructed or adapted for floating on or being submersed in water (whether permanently or temporarily) and a hovercraft or other amphibious vehicle;

"the wind farm site" means an area enclosed by an imaginary line drawn between wind turbines A1, C1, C10, A10 and A1;

"wind turbine" means a wind turbine referred to in paragraph 1(a) of Schedule 1 to this Order; and

"the works plans" means the plans certified by the Secretary of State as the works plans for the purposes of this Order.

    (2) All directions, distances, lengths and points stated in any description of works or powers shall be construed as if the words "or thereabouts" were inserted after each such direction, distance, length and point.

(a) temporary or permanent landing places, jetties, or moorings or other means of accommodating vessels in the construction, maintenance and operation of the scheduled works;

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

(c) such other works, apparatus (including cables), plant and machinery of whatever description as may be necessary or expedient.

Power to deviate
     (4)  - (1) In constructing or maintaining any of the scheduled works, the undertaker may - 

(a) deviate laterally from the lines or situations shown on the works plans within the limits of deviation and in particular the marine feeder cables may commence by a connection within the limits of deviation with any of the wind turbines, and the inter-turbine cables may connect within the limits of deviation with any of the wind turbines; and

(b) deviate vertically from the levels shown on the sections - 


(i) in respect of the top of the wind turbines and subject to paragraph (2), to any extent not exceeding 20 metres downwards;

(ii) in respect of the depth of the piled foundations of the wind turbines into the seabed, to any extent upwards and to any extent not exceeding 40 metres downwards and in respect of the tripod superstructures of the foundations to any extent not exceeding 5 metres upwards and to any extent downwards;

(iii) in respect of the inter-turbine cables to any extent not exceeding 0.2 metres downwards and 0.5 metres upwards; and

(iv) in respect of the marine feeder cables to any extent not exceeding 0.5 metres downwards and 1 metre upwards.

    (2) There shall be a minimum distance of 25 metres between the lowest point of the rotating blades of the wind turbines and the level of high water.

(a) the Secretary of State may by notice in writing require the undertaker at its own expense to remove the authorised work or any part of it and restore the site to a safe and proper condition; and

(b) if it appears to the Secretary of State urgently necessary so to do, she may remove the authorised work or part of it and restore the site to its former condition and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the undertaker.

(a) obstructs another person from constructing or maintaining any of the authorised works under the powers conferred by this Order;

(b) makes fast to any part of the authorised works; or

(c) in any other way interferes with any of the authorised works or their operation;

(a) Up to 30 wind turbines fixed to the seabed by tripod foundations and extending to a height of up to 137.8 metres above the level of high water, fitted with rotating blades with a diameter of up to 110 metres and situated at the following locations:



Wind turbine number	Latitude North	Longitude East
A 1	52° 58.655'	01° 22.193'
A 2	52° 59.013'	01° 22.111'
A 3	52° 59.371'	01° 22.029'
A 4	52° 59.728'	01° 21.947'
A 5	53° 00.086'	01° 21.865'
A 6	53° 00.444'	01° 21.783'
A 7	53° 00.802'	01° 21.701'
A 8	53° 01.160'	01° 21.619'
A 9	53° 01.517'	01° 21.537'
A 10	53° 01.875'	01° 21.455'
B 1	52° 58.707'	01° 22.808'
B 2	52° 59.064'	01° 22.726'
B 3	52° 59.422'	01° 22.645'
B 4	52° 59.780'	01° 22.563'
B 5	53° 00.138'	01° 22.481'
B 6	53° 00.496'	01° 22.399'
B 7	53° 00.853'	01° 22.317'
B 8	53° 01.211'	01° 22.235'
B 9	53° 01.569'	01° 22.153'
B 10	53° 01.927'	01° 22.071'
C 1	52° 58.758'	01° 23.424'
C 2	52° 59.116'	01° 23.342'
C 3	52° 59.474'	01° 23.260'
C 4	52° 59.831'	01° 23.178'
C 5	53° 00.189'	01° 23.097'
C 6	53° 00.547'	01° 23.015'
C 7	53° 00.905'	01° 22.933'
C 8	53° 01.263'	01° 22.851'
C 9	53° 01.620'	01° 22.769'
C 10	53° 01.978'	01° 22.687'


(b) a network of cables buried under the seabed, connecting the wind turbines to each other;

(c) up to three marine feeder cables buried under the seabed connecting the wind turbines to the shore commencing by a connection with wind turbine number A1 and then proceeding in a southerly direction for 6811 metres until they reach a point beneath the level of high water.

     2. In this schedule references to the locations of a wind turbine are references to the centre point of that turbine. Chart datum is WGS 84.

"accumulation" means any accumulation of silt or other material;

"construction" includes execution and placing, maintenance, extension, enlargement, alteration, replacement, re-laying and removal; and "construct" and "constructed" shall be construed accordingly;

"drainage work" means any watercourse and any land used for providing flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure of whatever nature constructed or used for defence against water (including sea water);

(a) identify and put in place such temporary measures as are reasonably required to mitigate the relevant interference until such time as the direction is issued pursuant to paragraph 3 and the remedial requirements specified in the direction are completed (the "temporary measures"), in which event Trinity House shall provide the undertaker with notice of any temporary measures put in place pursuant to this paragraph 4(a) and the reasons such temporary measures are required; or

(b) notify the undertaker of the need to put in place the temporary measures, the reason such temporary measures are required, and the temporary measures which in its reasonable judgement are required, in which event the undertaker shall use its best endeavours to put in place such temporary measures as soon as reasonably practicable.

     5. Trinity House may recover from the undertaker its reasonable costs of putting in place temporary measures in accordance with paragraph 4(a).

     6. Following issuance of the direction the undertaker shall use its best endeavours to complete the remedial requirements identified in the direction as soon as reasonably practicable to the reasonable satisfaction of Trinity House. The undertaker shall notify Trinity House of completion of the remedial requirements specified in the direction. Upon receipt of such notification, Trinity House shall as soon as reasonably practicable certify to the undertaker in writing that the actions required pursuant to the direction have been completed, and that no further remedial requirements are required.

     7. Trinity House shall indemnify the undertaker against all claims or demands made against the undertaker in consequence of any relevant interference:

(a) from the date of receipt of the completion notice until such time as a notice of relevant interference is issued to the undertaker pursuant to paragraph 2 or the undertaker is notified of the need for temporary measures pursuant to paragraph 4(b) whichever is the sooner; and

(b) from the date that Trinity House certifies that the actions required pursuant to the directions are complete pursuant to paragraph 6.

     8. The undertaker shall indemnify Trinity House against all claims or demands made against Trinity House in consequence of any relevant interference that are caused by any failure or unreasonable delay on the part of the undertaker to comply with - 

(a) any remedial requirement that is identified by Trinity House in the direction; or

(b) any temporary measure that is identified by Trinity House pursuant to paragraph 4(b).

     9. The undertaker or Trinity House shall give to the other reasonable notice of any such claim or demand and no settlement or compromise thereof except where such may invalidate or compromise the insurance cover held by either party shall be made without the agreement of the other, which shall not be unreasonably withheld or delayed.