The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015

PART 1 Licensed activities

Interpretation

1.—(1) In this licence—

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

“Annex 1 habitat” means a habitat set out in Annex 1 to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

“authorised deposits” means the substances and articles specified in paragraph 2(3);

“authorised scheme” means Work Nos. 1B, 2B, 3B and 2T described in paragraph 2 or any part or phase of those works;

“cable crossing” means the crossing of existing subsea cables and pipelines by the inter-array, inter-platform or export cables authorised by the Order together with physical protection measures including cable protection;

“cable protection” means measures to protect cables from physical damage and exposure due to loss of seabed sediment including, but not limited to, the use of bagged solutions filled with grout or other materials, protective aprons or coverings, mattresses, flow energy dissipation devices or rock and gravel burial;

“chemical risk assessment” means the chemical risk assessment referred to in Condition 13(d)(ii);

“combined platform” means a single offshore platform combining 2 or more of the following—

(a)

an offshore collector platform;

(b)

an offshore converter platform;

(c)

an offshore accommodation or helicopter platform;

“commence” means begin to carry out any part of the licensed activities except for the pre-construction surveys and monitoring; and “commencement” must be construed accordingly;

“Condition” means a condition in Part 2;

“disposal scenario statement” means the document certified as the disposal scenario statement by the Secretary of State under article 42 of the Order (certification of plans and documents, etc.);

“draft fisheries liaison plan” means the document certified as the draft fisheries liaison plan by the Secretary of State under article 42 of the Order;

“enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of the 2009 Act;

“environmental statement” means the document certified as the environmental statement by the Secretary of State under article 42 of the Order together with any supplementary or further environmental information submitted in support of the application for the Order;

“HAT” (highest astronomical tide) means the highest tide that can be predicted to occur under average meteorological conditions;

“HVAC” means high voltage alternating current;

“HVDC” means high voltage direct current;

“Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO;

“licensed activities” means the activities specified in paragraph 2;

“maintain” includes inspect, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works in Part 2 of Schedule 1 (ancillary works) to the Order and any component part of any offshore platform, meteorological station, electricity or communication cable described in Part 1 of that Schedule (authorised development) (but not including the removal or replacement of foundations) to the extent set out in the offshore maintenance plan referred to in Condition 21; and “maintenance” must be construed accordingly;

“marine pollution contingency plan” means the marine pollution contingency plan referred to in Condition 13(d)(i);

“MCA” means the Maritime and Coastguard Agency;

“meteorological mast” or “meteorological station” means a fixed or floating structure housing or incorporating equipment to measure wind speed and other meteorological and oceanographic characteristics, including a topside which may house electrical switchgear and communication equipment and associated equipment, and marking and lighting;

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

“MLWS” (mean low water springs) means the average of the low water heights occurring at the time of spring tides;

“MMO” means the Marine Management Organisation;

“monopole foundation” means a foundation option based around a single vertical pillar structure driven, drilled, or embedded into the seabed by means such as suction or gravity. This main support structure may change in diameter via tapers or abrupt steps. (Sub-types for wind turbine generators and meteorological stations include monopole with steel monopile footing, monopole with concrete monopile footing, and monopole with a single suction-installed bucket footing);

“multi-leg foundation” means a foundation option based around structures with several legs or footings. This includes jackets, tripods and other structures which include multiple large tubulars, cross-bracing or lattices. Multi-leg foundations may be fixed to the seabed by footings which are driven, drilled, screwed, jacked-up or embedded into the seabed by means such as suction or gravity. Sub-types for wind turbine generators and meteorological stations include multi-legs with driven piles, drilled piles, screw piles, suction buckets and jack up foundations. Sub-types for platforms include offshore platform jacket foundations (potentially using driven piles, suction buckets or screw piles) and offshore platform jack-up foundations);

“notice to mariners” includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;

“offshore accommodation or helicopter platform” means a platform (either singly or as part of a combined platform) housing or incorporating some or all of the following: accommodation for staff during the construction, operation and decommissioning of the authorised scheme, landing facilities for vessels and helicopters, re-fuelling facilities, communication and control systems, electrical systems such as metering and control systems, small- and large-scale electrical power systems, J-tubes, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

“offshore collector platform” means a platform (either singly or as part of a combined platform) housing or incorporating electrical switchgear or electrical transformers, electrical systems such as metering and control systems, J-tubes, landing facilities for vessels and helicopters, re-fuelling facilities, accommodation for staff during the construction, operation and decommissioning of the authorised scheme, communication and control systems, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

“offshore converter platform” means a platform (either singly or as part of a combined platform) housing or incorporating HVDC electrical switchgear or electrical transformers and other equipment to enable HVDC transmission to be used to convey the power output of the multiple wind turbine generators to shore including electrical systems such as metering and control systems, J-tubes, landing facilities for vessels and helicopters, re-fuelling facilities, accommodation for staff during the construction, operation and decommissioning of the authorised scheme, communication and control systems, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

“offshore in principle monitoring plan” means the document certified as the offshore in principle monitoring plan by the Secretary of State under article 42 of the Order;

“offshore order limits and grid co-ordinates plan” means the plans certified as the offshore order limits and grid co-ordinates plan by the Secretary of State under article 42 of the Order;

“offshore platform” means any of the following—

(a)

an offshore accommodation or helicopter platform;

(b)

an offshore collector platform;

(c)

an offshore converter platform;

(d)

a combined platform;

“onshore order limits and grid co-ordinates plan” means the plans certified as the onshore order limits and grid co-ordinates plan by the Secretary of State under article 42 of the Order;

“Order” means the Dogger Bank Teesside A and B Offshore Wind Farm Order 2015;

“Order limits” means the limits shown on the offshore order limits and grid co-ordinates plan and the onshore order limits and grid co-ordinates plan;

“outline offshore archaeological written scheme of investigation” means the document certified as the outline offshore archaeological written scheme of investigation by the Secretary of State under article 42 of the Order;

“outline offshore maintenance plan” means the document certified as the outline offshore maintenance plan by the Secretary of State under article 42 of the Order;

“scour protection” means measures to prevent loss of seabed sediment around foundation bases by the use of bagged solutions filled with grout or other material, protective aprons, mattresses, flow energy dissipation devices and rock and gravel burial;

“undertaker” means Doggerbank Project 3 Bizco Limited (company number 07791964) whose registered office is 55 Vastern Road, Reading, Berkshire RG1 8BU;

“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, a rotor with 3 blades connected at the hub, a 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 transfer facilities and other associated equipment, fixed to a foundation.

(2) In this licence, a reference to any statute, order, regulation or similar instrument is a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

(3) In this licence, unless otherwise indicated,—

(a) all times are Greenwich Mean Time (GMT);

(b) all co-ordinates are latitude and longitude decimal degrees to 6 decimal places. The datum system used is World Geodetic System 1984 datum (WGS84).

(4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below, and the address for returns and correspondence, is—

(a) Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YH

Email: [e-mail]

Tel: [phone];

(b) Trinity House

Tower Hill

London EC3N 4DH

Tel: [phone];

(c) United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: [phone];

(d) Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton SO15 1EG

Tel: [phone];

(e) Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield S3 8NH

Tel: [phone];

(f) English Heritage

Eastgate Court

195-205 High Street

Guildford GU1 3EH

Tel: [phone].

(5) For information only, the details of the local MMO office to the authorised scheme is—

• Marine Management Organisation – Northern Marine Area

• MMO Coastal Office

• Neville House

• Central Riverside

• Bell Street

• North Shields

• Tyne and Wear NE30 1LJ

• Email: [e-mail]

• Tel: [phone].

Details of licensed activities

2.—(1) This licence authorises the undertaker (and any agent or contractor acting on its behalf) to carry out the following licensable marine activities under Part 4 of the 2009 Act, subject to the Conditions—

(a) the deposit at sea of the substances and articles specified in sub-paragraph (3);

(b) subject to sub-paragraphs (5) and (6), the construction of the works specified in sub-paragraph (2) in or over the sea or on or under the sea bed including the removal, reconstruction or alteration of the position of subsea cables and pipelines;

(c) the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation.

(2) The licensed activities are authorised in relation to the construction, maintenance and operation of—

Work No. 1B –

(a) an offshore wind turbine generating station with a gross electrical output capacity of up to 1.2 gigawatts comprising up to 200 wind turbine generators each fixed to the seabed by monopole, multi-leg or gravity base type foundations situated within the area enclosed by the points whose co-ordinates are set out in Table 1B (the “array area”);

Table 1B – Array area

Point	Latitude (decimal degrees)	Longitude (decimal degrees)
25	55.12443	2.14572
26	55.13002	2.21780
51	54.97070	2.50189
52	54.96096	2.48529
56	54.83864	2.27783
57	54.83862	2.26336
24	55.01111	1.95454

(b) up to 7 offshore platforms comprising the following—

(i) up to 4 offshore collector platforms situated within the array area and fixed to the seabed by multi-leg or gravity base type foundations;

(ii) 1 offshore converter platform situated within the array area and fixed to the seabed by multi-leg or gravity base type foundations;

(iii) up to 2 offshore accommodation or helicopter platforms situated within the array area and fixed to the seabed by multi-leg or gravity base type foundations,

provided that any of the platforms comprised in Work No. 1B(b)(i) to (iii) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations;

(c) up to 5 meteorological stations situated within the array area either fixed to the seabed by monopole, multi-leg or gravity base type foundations or utilising a floating structure secured by chain and anchor;

(d) a network of cables for the transmission of electricity and electronic communications laid on or beneath the seabed (including cable crossings) between—

(i) any of the wind turbine generators comprising Work No. 1B(a);

(ii) any of the wind turbine generators comprised in Work No. 1B(a) and any of the works comprised in Work No. 1B(c);

(iii) any of the works comprising Work No. 1B(b) and any of the works comprised in Work No. 1B(c); and

(iv) the offshore converter platform referred to in Work No. 1B(b)(ii) or a combined platform referred to in Work No. 1B(b) and the export cable route in Work No. 2B;

(e) up to 10 vessel moorings situated within the array area consisting of a single floating buoy secured by chain and anchor anchored to the seabed;

Work No. 2B – up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid on or beneath the seabed between Work No. 1B(b)(ii) or a combined platform referred to in Work No. 1B(b) and Work No. 3B (including cable crossings) and situated within the co-ordinates of the export cable corridor area specified in the offshore order limits and grid co-ordinates plan;

Work No. 3B – up to 2 export cables for the transmission of HVDC electricity together with fibre-optic cables for the transmission of electronic communications laid underground between MLWS and MHWS connecting Work No. 2B with Work No. 4B (as set out in Part 1 of Schedule 1 to the Order);

Work No. 2T – a temporary work area for vessels to carry out intrusive activities during construction, including vessels requiring anchor spreads, alongside the cable corridors; and

Ancillary works in connection with the above-mentioned works comprising—

(a) temporary landing places, moorings or other means of accommodating vessels in the construction or maintenance of the authorised scheme;

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

(c) temporary works for the protection of land or structures affected by the authorised scheme;

(d) cable protection, scour protection or dredging; and

(e) cable route preparation works including boulder removal and obstruction clearance, dredging and pre-sweeping.

(3) The substances or articles authorised for deposit at sea are—

(a) iron, steel and aluminium;

(b) stone and rock;

(c) concrete and grout;

(d) sand and gravel;

(e) plastic and synthetic;

(f) material extracted from within the offshore areas within the Order limits during construction drilling and seabed preparation for foundation works and cable sandwave preparation works; and

(g) marine coatings, other chemicals and timber.

(4) The licence does not permit the decommissioning of the authorised scheme. No decommissioning activity may commence until a decommissioning programme has been approved by the Secretary of State under section 106 of the Energy Act 2004. Furthermore, at least 4 months before carrying out any decommissioning activity, the undertaker must notify the MMO of the proposed activity to establish whether a marine licence is required for the activity.

(5) This licence does not authorise the construction of the works specified in sub-paragraph (2)(a) or (d)(i), (ii) or (iii)

(6) This licence and Marine Licence 2 (as defined in the Order), when taken together, do not authorised the construction of more than 1 Work No. 1B or the construction of Work No. 1B in excess of the maximum parameters for that work set out in Schedule 1 to the Order.