Infrastructure Planning Citation and commencement 1 This Order may be cited as the Triton Knoll Offshore Wind Farm Order 2013 and shall come into force on 12th July 2013. Interpretation 2 1 Except for Schedule 2 (Deemed Licence under the Marine and Coastal Access Act 2009), which is subject to the definitions in that Schedule, in this Order— “the 1990 Act ” means the Town and Country Planning Act 1990 ; “the 2004 Act ” means the Energy Act 2004 ; “the 2008 Act” means the Planning Act 2008; “the 2009 Act ” means the Marine and Coastal Access Act 2009 ; “ancillary works” means the ancillary works described in Part 2 of Schedule 1 and which are not development within the meaning of section 32 of the 2008 Act; “authorised development” means the development and associated development described in Part 1 of Schedule 1, which is development within the meaning of section 32 of the 2008 Act; “authorised project” means the authorised development and the ancillary works authorised by this Order; “collector substation” means a platform (either singly or as part of a combined substation) with one or more decks or housing or incorporating high voltage alternating current electrical switchgear and/or electrical transformers and other equipment to enable power from multiple WTGs to be collected and electrically converted for transmission including permanent accommodation for operations and maintenance staff, helicopter landing facilities, craneage, access equipment, J-tubes, marking and lighting, and other associated equipment and facilities; “combined substation” means a single platform comprising a collector substation combined with either an HVDC substation or with a large HVDC substation; “concrete monopile foundation” means a concrete or steel reinforced concrete pile, typically cylindrical, drilled into the seabed, and associated equipment including scour protection, J-tube, corrosion protection systems and access platforms and equipment; “the deemed marine licence” means the licence set out in Schedule 2 and deemed by article 8 to have been granted under Part 4 of the 2009 Act, by virtue of section 149A of the 2008 Act; “environmental statement” means the document (Reference 05/01) certified as the environmental statement by the Secretary of State for the purposes of this Order and submitted with the application on 31 January 2012; “gravity base foundation” means a structure principally of steel, concrete or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or additional steel skirts and associated equipment including scour protection, J-tube, corrosion protection systems and access platforms and equipment; “HVDC substation” means a platform (either singly or as part of a combined substation or linked by bridge to a collector substation) with one or more decks housing or incorporating high voltage direct current electrical switchgear and/or electrical transformers and other equipment to enable HVDC transmission to be used to convey the power output of the multiple WTGs to shore including permanent accommodation for operations and maintenance staff, helicopter landing facilities, craneage, access equipment, J-tubes, marking and lighting and other associated equipment and facilities; “jacket foundation” means a metal jacket/lattice type structure constructed of steel or reinforced concrete which is fixed to the seabed at two or more points with driven or pre-installed piles or with suction cans and associated equipment including scour protection, J-tube, corrosion protection systems with access platforms and equipment; “the land plan” means the plan submitted with the application (02/02/v2 dated 6 September 2012) and certified as the land plan by the Secretary of State for the purposes of the Order ; “large HVDC substation” means an HVDC substation (either singly or as part of a combined substation) whose maximum dimensions exceed those of an HVDC substation as set out in paragraph 5(3) in Part 3 of Schedule 1; “maintain” includes inspect, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works and any component part of any wind turbine generator, collector substation, meteorological station or HVDC substation described in Part 1 of Schedule 1 (including replacement of defective subsea cables to the extent assessed in the environmental statement but not including the alteration removal or replacement of foundations) and “maintenance” shall be construed accordingly; “ MCA ” means the Maritime and Coastguard Agency; “meteorological station” means a lattice tower housing or incorporating equipment to measure wind speed and other wind characteristics, including a service platform housing electrical switchgear and communication equipment and associated equipment, oceanographic equipment and connecting cable to be sited within 300 metres of the mast, and marking and lighting; “ MMO ” means the Marine Management Organisation; “monopile foundation” means a concrete monopile foundation or a steel monopile foundation; “the Order limits” means the limits shown on the Works plan as the limits within which the authorised development may be carried out, whose grid coordinates are set out in Part 1 of Schedule 1 (authorised development) of this Order; “offshore substation” means either a collector substation or HVDC substation; “Renewable Energy Zone” means the areas of the sea designated under the Renewable Energy Zone (Designation of Area) Order 2004 ; “the Requirements” means the requirements set out in Part 3 of Schedule 1 (Requirements) to this Order; “scheduled works” means the works numbered 1 and 2 specified in Part 1 of Schedule 1 to this Order, or any part of them; “scour protection” means measures to prevent loss of seabed sediment around foundation bases by use of protective aprons, mattresses, flow energy dissipation (frond) devices or rock and gravel dumping; “steel monopile foundation” means a steel pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including scour protection, bracing J-tube, corrosion protection systems and access platforms and equipment; “suction bucket monopod foundation” means a tubular metal structure which partially penetrates the seabed and remains in place using its own weight and a hydrostatic pressure differential and associated equipment, including scour protection, bracing, J-tube, corrosion protection systems and access platforms and equipment; “suction can” means a large diameter steel cylinder which is fixed to the base of the foundation and partially penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential; “ Trinity House ” means the Corporation of Trinity House of Deptford Strond; “tripod foundation” means a metal jacket/lattice type structure consisting of three main legs linked by cross-braces supporting a single central support for the transition piece and turbine, constructed of steel or reinforced concrete which is fixed to the seabed with driven or pre-installed piles or suction cans, and associated equipment including scour protection, J-tube, corrosion protection systems and access platforms and equipment; “ undertaker ” means Triton Knoll Offshore Wind Farm Limited; “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” or “ WTG ” 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-tubes, 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, fixed to a foundation; “the Works plan” means the plan submitted with the application (02/03/v3 dated 11 December 2012) and certified as the Works plan by the Secretary of State for the purposes of this Order. 2 All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development shall be taken to be measured along that work. 3 Any reference in this Order to a work identified by the number of the work, or by a combination of letters and numbers (for example, “Work No. 1”), is to be construed as a reference to the work of that number authorised by this Order. 4 References in this Order to numbered Requirements are to the Requirements with those numbers in Part 3 of Schedule 1. 5 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 air-space above its surface. Development consent etc granted by the Order 3 Subject to the provisions of Part 3 of Schedule 1 (Requirements), Schedule 2 (deemed marine licence) and the other provisions of this Order, 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. Maintenance of authorised project 4 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. Operation of electricity generating station 5 1 The undertaker is authorised to operate the generating station comprised in the authorised development. 2 This article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station. Benefit of the Order 6 1 Subject to paragraphs (2) and (3) 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 and such related statutory rights as may be agreed between the undertaker and the transferee; or 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 and such related statutory rights as may be so agreed. 2 The Secretary of State shall consult the MMO before giving consent to the transfer to another person of any or all of the benefit of the provisions of the deemed Marine Licence. 3 Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (4), shall include references to the transferee or lessee. 4 The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker. Abatement of works abandoned or decayed 7 Where Work Nos. 1 and 2 or any part of it or any part of the ancillary works 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 to repair and restore or remove any part of Work Nos. 1 and 2 or the ancillary works, without prejudice to any notice served under section 105(2) of the 2004 Act. The notice may also require the restoration of the site of the relevant parts of Work Nos. 1 and 2 to a safe and proper condition within an area and to such an extent as may be specified in the notice. Deemed licence under the Marine and Coastal Access Act 2009 8 The undertaker is granted a deemed licence under Part 4 Chapter 1 of the 2009 Act to carry out the works and make the deposits specified in Part 1 of Schedule 2, subject to the licence conditions set out in Part 2 of that Schedule. Saving for Trinity House 9 Nothing in this Order prejudices or derogates from any of the rights, duties or privileges of Trinity House. Crown rights 10 1 Nothing in this Order shall— a prejudicially affect any estate, right, power, privilege, authority or exemption of the Crown; or b authorise the undertaker to take, use, enter upon or in any manner interfere with any land, hereditaments or rights of whatever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) belonging to— i Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or ii a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department. 2 A consent under paragraph (1)(b) may be given unconditionally or may be subject to such conditions or upon such terms as may be considered necessary or appropriate. Certification of plans etc 11 1 The undertaker shall, as soon as practicable after the making of this Order, submit to the Secretary of State copies of— a the Works plan (document reference 02/03/v3 dated 11 December 2012); b the land plan (document reference 02/02/v2 dated 6 September 2012); and c the environmental statement (document reference 05/01), for certification that they are true copies of the documents referred to in this Order. 2 A plan or document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy. Arbitration 12 Any difference under any provision of this Order, unless otherwise provided for, shall be referred to and settled by a single arbitrator to be agreed between the parties, or failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State. Signed by authority of the Secretary of State for Energy and Climate Change Giles Scott Head of National Infrastructure Consents Department of Energy and Climate Change 11th July 2013