SCHEDULES

SCHEDULE 1AUTHORISED PROJECT

PART 3REQUIREMENTS

Time limits

schedule 1 part 3 paragraph 1 + 1.—(1) The authorised project must commence no later than the expiration of seven years beginning with the date this Order comes into force.

Detailed offshore design parameters

schedule 1 paragraph 2 + 2.—(1) The total number of wind turbine generators comprised in the authorised project must be no more than 90 having a total rotor swept area of no more than 4.45 square kilometres.

(2) Subject to sub-paragraph (3), each wind turbine generator must have—

schedule 1 paragraph 2 2 a + (a)a height of no more than 325 metres when measured from LAT to the tip of the vertical blade;

schedule 1 paragraph 2 2 b + (b)a rotor diameter of no more than 295 metres;

schedule 1 paragraph 2 2 c + (c)a distance of no less than 22 metres from MHWS to the lowest point of the rotating blade; or

schedule 1 paragraph 2 2 d + (d)a distance of no less than 830 metres from the nearest wind turbine generator in all directions,

and the authorised project will comprise turbines of a uniform height and rotor diameter.

(3) The reference in sub-paragraph (2)(d) to the location of a wind turbine generator is a reference to the centre point of that wind turbine generator.

(4) Wind turbine generator foundation structures forming part of the authorised development must be one of the following foundation options: monopile foundation, or multileg foundation.

(5) Wind turbine generator—

schedule 1 paragraph 2 5 a + (a)multileg foundations employing pin piles forming part of the authorised project must have—

schedule 1 paragraph 2 5 a i + (i)no more than 4 legs per foundation;

schedule 1 paragraph 2 5 a ii + (ii)no more than 4 pin piles per foundation; and

schedule 1 paragraph 2 5 a iii + (iii)a pin pile diameter of no greater than 4.5 metres;

schedule 1 paragraph 2 5 b + (b)multileg foundations with suction bucket must have—

schedule 1 paragraph 2 5 b i + (i)no more than 4 legs per wind turbine generator;

schedule 1 paragraph 2 5 b ii + (ii)a suction bucket diameter of no more than 15 metres; and

schedule 1 paragraph 2 5 b iii + (iii)a suction bucket penetration of no more than 25 metres; and

schedule 1 paragraph 2 5 c + (c)monopile foundation forming part of the authorised project must have a diameter no greater than 13.5 metres.

(6) The total volume of scour protection comprising development associated with the wind turbine generators comprising Work No.1 must be no more than 1,215,000 cubic metres with a maximum footprint of 405,000 square metres.

schedule 1 paragraph 3 + 3.—(1) There must be no more than 3 offshore substations.

(2) The dimensions of any offshore substation must be no more than—

schedule 1 paragraph 3 2 a + (a)65 metres in height when measured from LAT and 115 metres in height with lightning protection and ancillary structures;

schedule 1 paragraph 3 2 b + (b)80 metres in length; and

schedule 1 paragraph 3 2 c + (c)50 metres in width.

(3) There must be no offshore substation located within 500 metres of the array periphery.

(4) Offshore substation foundation structures must comprise either monopile foundations or multileg foundations.

(5) Offshore substation installations with—

schedule 1 paragraph 3 5 a + (a)multileg foundation employing pin piles forming part of the authorised project must have—

schedule 1 paragraph 3 5 a i + (i)no more than 6 legs per foundation;

schedule 1 paragraph 3 5 a ii + (ii)no more than 12 pin piles per foundation; and

schedule 1 paragraph 3 5 a iii + (iii)a pin pile diameter of no greater than 4.5 metres; and

schedule 1 paragraph 3 5 b + (b)monopile foundation forming part of the authorised project must have a diameter no greater than 13.5 metres.

schedule 1 paragraph 4 + 4.  The total volume of scour protection comprising development associated with the offshore substations comprising Work No. 3 must be no more than 65,700 cubic metres with a maximum footprint of 21,900 square metres.

schedule 1 paragraph 5 + 5.—(1) The total number of cable circuits must be no more than four.

(2) The total length of the cable circuits comprising Work No. 2 must be no more than 250 kilometres.

(3) The total volume of cable protection comprising development associated with Work No 2 must be no more than 175,000 cubic metres with a maximum footprint of 300,000 square metres.

(4) The number of cable crossings comprising Work No. 2 must be no more than four unless otherwise agreed with the MMO.

(5) The maximum area impacted by cable crossings must be no more than 10,000 square metres.

(6) The total volume of cable protection for cable crossings must not exceed 20,000 cubic metres (pre- and post-lay).

(7) The total length of the cable circuits comprising Work No. 3(b) must be no more than 40 kilometres.

(8) The total volume of cable protection comprising development associated with Work No 3(b) must be no more than 110,500 cubic metres with a maximum footprint of 122,000 square metres.

(9) The total length of cable circuits comprising Work Nos 3(b), 4 and 5 together must be no more than 170 kilometres.

(10) The total volume of cable protection comprising development associated with Work Nos. 4 and 5 must be no more than 470,000 cubic metres with a maximum footprint of 517,000 square metres.

Cable parameters

schedule 1 paragraph 6 + 6.—(1) Cable circuits comprising Works Nos. 6 and 7 must be installed by means of horizontal directional drilling (HDD).

(2) There must be no more than 4 HDD drills completed for Work Nos. 6 and 7.

(3) All cable circuits and joint bays comprising Work Nos. 8, 9 and 19 must be installed in ducting underground and the land above reinstated to pre-construction ground level save for manholes and link box chambers and once constructed all joint boxes and link box chambers must be resilient to flooding.

(4) Trenchless technology must be used to install the cable circuits in the locations identified in the crossings schedule (comprising part of the code of construction practice approved pursuant to requirement 22) for the purpose of passing under a relevant obstruction.

(5) There are to be no more than 66 joint bay locations each comprising up to four joint bays.

(6) There are to be no more than 264 link boxes and no more than 264 fibre optic cable joint boxes.

Onshore substation parameters

schedule 1 paragraph 7 + 7.—(1) The total fenced area for the substation compound (excluding access) comprising Work No. 16 must be no more than 60,000 square metres.

(2) The total area for the substation extension comprising Work No. 20 to be incorporated into the existing National Grid substation at Bolney must be no more than 6,300 square metres.

Site-specific plan for the detailed design approval of the onshore substation at Oakendene

schedule 1 paragraph 8 + 8.—(1) No stage which includes works comprising any part of Work No. 16 and Work No. 18, together with the parts of Work No. 17 associated with those works, accesses A61 and A64 as shown on sheet 33 of the access rights of way and streets plans at Kent Street, or establishment and use of either of the compounds comprising Work No. 10 shown on sheet 33 of the onshore works plans (excluding any onshore site preparation works) must commence, only insofar as such works are included within or relate to works within that stage until—

schedule 1 paragraph 8 1 a + (a)the following details of the substation (Work No.16)—

schedule 1 paragraph 8 1 a i + (i)siting and layout;

schedule 1 paragraph 8 1 a ii + (ii)scale and quantum of development and its uses;

schedule 1 paragraph 8 1 a iii + (iii)existing and proposed finished ground levels;

schedule 1 paragraph 8 1 a iv + (iv)landscaping;

schedule 1 paragraph 8 1 a v + (v)access (Work No. 18); and

schedule 1 paragraph 8 1 a vi + (vi)external appearance, form and materials for any buildings structures and other infrastructure including boundary treatment,

schedule 1 paragraph 8 1 b + (b)a single comprehensive traffic management and access plan covering—

schedule 1 paragraph 8 1 b i + (i)the programming and routing of construction traffic along the A272 and into and out of the compounds comprising Work No. 10 shown on sheet 33 of the onshore works plans and Kent Street;

schedule 1 paragraph 8 1 b ii + (ii)the safety of construction accesses off the A272 and Kent Street;

schedule 1 paragraph 8 1 b iii + (iii)the safety of non-construction traffic, pedestrians, cyclists and equestrians using Kent Street;

schedule 1 paragraph 8 1 b iv + (iv)the restriction of HGV traffic from unsuitable routes off the A272;

schedule 1 paragraph 8 1 b v + (v)measures to minimise the volume of construction traffic passing through the Air Quality Management Area at Cowfold;

schedule 1 paragraph 8 1 b vi + (vi)traffic management measures in respect of any previous stage approved under this requirement; and

schedule 1 paragraph 8 1 c + (c)details of vegetation removal, retention and replanting within Work Nos. 16 and 18 and along Kent Street at construction accesses A61 and A64 as shown on sheet 33 of the access rights of way and streets plans, which must be consistent with the outline landscape and ecology management plan;

have been submitted to and approved in writing by the relevant planning authority following consultation with the highway authority and West Sussex Fire and Rescue Service and works covered by the details submitted under this sub-paragraph (1) must be carried out in accordance with the approved details.

(2) Where details are approved pursuant to sub-paragraph (1) then details for—

schedule 1 paragraph 8 2 a + (a)construction traffic management;

schedule 1 paragraph 8 2 b + (b)accesses A61 and A64 as shown on sheet 33 of the access rights of way and streets plans;

schedule 1 paragraph 8 2 c + (c)vegetation removal, retention and replanting for the part of the stage for which approval has been secured under sub-paragraph 8(1);

shall not be required to be approved under requirements 12, 13, 15 or 24 as applicable.

(3) Any details provided by the undertaker pursuant to sub-paragraph (1) must accord with the principles set out in the relevant part of the design and access statement including taking account of climate change allowances, relationship to and effect on heritage assets, must accord with the drainage arrangements approved pursuant to requirement 17, include details of any water harvesting and recycling measures and be within the Order limits.

(4) The details submitted pursuant to sub-paragraph (3) must demonstrate how the operation of Work No. 16 will secure water neutrality.

(5) To the extent comprised in Work No. 16—

schedule 1 paragraph 8 5 a + (a)there must be no more than 12 buildings;

schedule 1 paragraph 8 5 b + (b)the height of the main operational building and other infrastructure must be no more than 28.75 metres above ordnance datum;

schedule 1 paragraph 8 5 c + (c)the maximum main building length must be no more than 70 metres;

schedule 1 paragraph 8 5 d + (d)the maximum main building width must be no more than 20 metres;

schedule 1 paragraph 8 5 e + (e)lightning protection masts must be no more than a height of 34.25 metres above ordnance datum; and

schedule 1 paragraph 8 5 f + (f)the maximum height of any fire walls must be no more than 26.25 metres above ordnance datum.

(6) For the purposes of paragraph (4) the term ‘water neutrality’ means that the use of water in the supply area before the development of Work No. 16 is the same or lower after the development is in place in order to meet the requirements of regulation 63 of the Conservation of Habitats and Species Regulations 2017.

(7) For the purposes of paragraph (5) the term ‘building’ excludes electrical infrastructure installations.

Detailed design approval – extension to National Grid substation

schedule 1 paragraph 9 + 9.—(1) Works comprising Work No. 20 (excluding onshore site preparation works) must not commence until details of—

schedule 1 paragraph 9 1 a + (a)siting and layout;

schedule 1 paragraph 9 1 b + (b)scale and quantum of development and its uses;

schedule 1 paragraph 9 1 c + (c)existing and proposed finished ground levels;

schedule 1 paragraph 9 1 d + (d)landscaping;

schedule 1 paragraph 9 1 e + (e)access; and

schedule 1 paragraph 9 1 f + (f)external appearance, form and materials for any buildings structures and other infrastructure including boundary treatment,

of the extension to the National Grid substation at Bolney have been submitted to and approved in writing by the relevant planning authority in consultation with the highway authority and Work No. 20 must be carried out in accordance with the approved details.

(2) Any details provided by the undertaker pursuant to sub-paragraph (1) must accord with the principles set out in the relevant part of the design and access statement unless otherwise agreed with the relevant planning authority, take account of climate change allowances, accord with the drainage arrangements approved pursuant to requirement 17, and be within the Order limits.

(3) To the extent comprised in Work No. 20—

schedule 1 paragraph 9 3 a + (a)there must be no more than two buildings;

schedule 1 paragraph 9 3 b + (b)operational buildings must be no more than no more than 12 metres in height above finished ground level;

schedule 1 paragraph 9 3 c + (c)the maximum height of any associated infrastructure must be no more than 12 metres in height above finished ground level;

schedule 1 paragraph 9 3 d + (d)the maximum building length must be no more than 35 metres;

schedule 1 paragraph 9 3 e + (e)the maximum building width must be no more than 20 metres; and

schedule 1 paragraph 9 3 f + (f)the maximum height of any other infrastructure must be no more than 12 metres.

(4) For the purposes of paragraph (3) “finished ground level” will be defined in accordance with the design and access statement.

Stages of onshore works

schedule 1 paragraph 10 + 10.—(1) No part of the authorised project within the Order limits landward of MLWS excluding onshore site preparation works is to commence until a written programme identifying the stages of those works has been submitted to and approved by the relevant planning authorities and to the extent that it relates to works seaward of mean high water springs comprising Work No. 6 following consultation with the MMO.

(2) No onshore site preparation works is to commence until a written programme identifying the stages of those onshore site preparation works has been submitted to and approved by the relevant planning authorities and to the extent that it relates to works seaward of mean high water springs comprising Work No. 6 following consultation with the MMO.

(3) The authorised project must be implemented in stages as approved and each reference to a stage in these requirements is a reference to a stage in the programme as so approved.

Offshore Decommissioning

schedule 1 paragraph 11 + 11.  No offshore works may commence until a written decommissioning programme in compliance with any notice served upon the undertaker by the Secretary of State pursuant to section 105(2) of the 2004 Act(1) has been submitted to the Secretary of State for approval.

Provision of landscaping

schedule 1 paragraph 12 + 12.—(1) No stage of the authorised project within the onshore Order limits may commence until for that stage a written landscape and ecology management plan and associated work programme (which accords with the relevant provisions of the outline landscape and ecology management plan and outline code of construction practice) has been submitted to and approved by the relevant planning authority following consultation with the statutory nature conservation body, Historic England (where relevant) and the Forestry Commission (where relevant).

(2) Any landscape and ecology management plan submitted under sub-paragraph (1)—

schedule 1 paragraph 12 2 a + (a)may cover one or more stages of the onshore works; and

schedule 1 paragraph 12 2 b + (b)may provide for the phased provision of planting within a stage.

(3) The landscape and ecology management plan for a stage which includes Work No. 16 and/or Work No. 20 (excluding for a stage comprising onshore site preparation works) is to include the relevant part of Work No. 17 and must accord with the relevant part of the design and access statement unless otherwise agreed by the relevant planning authority.

(4) Each stage specific landscape and ecology management plan must be implemented as approved.

Implementation and maintenance of landscaping

schedule 1 paragraph 13 + 13.—(1) All landscape works must be carried out in accordance with the landscape and ecology management plan for the relevant stage approved under requirement 12 (provision of landscaping), and in accordance with the relevant recommendations of appropriate British Standards.

(2) Any tree or shrub planted as part of an approved landscape and ecology management plan that, within a period of 10 years after completion of planting for the relevant stage, is removed by the undertaker, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species and size as that originally planted unless otherwise approved in writing by the relevant planning authority.

Biodiversity net gain

schedule 1 paragraph 14 + 14.—(1) No stage of the authorised project within the onshore Order limits (excluding any onshore site preparation works) may commence until—

schedule 1 paragraph 14 1 a + (a)a biodiversity net gain strategy for that stage which accords with the outline biodiversity net gain information comprising Appendix 22.15 of the Environmental Statement has been approved in writing by the relevant planning authority in consultation with Natural England; and

schedule 1 paragraph 14 1 b + (b)at least 70% of the total number of biodiversity units as required for that stage of the development have been secured and where appropriate proof of purchase provided in accordance with the approved biodiversity net gain strategy and to the satisfaction of the relevant planning authority in consultation with the statutory nature conservation body.

(2) The location for delivery of biodiversity units is to follow a prioritisation exercise, as described in Appendix 22.15 of the Environmental Statement, with priority given to areas inside or within close proximity to the proposed DCO limits.

(3) The biodiversity net gain strategy for each relevant stage must be implemented as approved.

(4) Any remaining shortfall in biodiversity units identified following detailed design will be secured prior to construction works being completed.

(5) Any biodiversity net gain strategy under sub-paragraph (1) may cover one or more stages of the onshore works.

Highway accesses outside the South Downs National Park

schedule 1 paragraph 15 + 15.—(1) Construction of any—

schedule 1 paragraph 15 1 a + (a)new operational means of access to a highway to be used by vehicular traffic;

schedule 1 paragraph 15 1 b + (b)new temporary means of access to a highway to be used by vehicular traffic; or

schedule 1 paragraph 15 1 c + (c)alteration, or use of an existing means of access to a highway to be used by vehicular traffic,

outside the South Downs National Park must not commence until an access plan for the relevant access has been submitted to and approved by the highway authority for the relevant highway.

(2) The access plans submitted pursuant to sub-paragraph (1) must include details of the siting, design, layout, visibility splays, access management measures and a maintenance programme relevant to the access it relates to and secure that all temporary and permanent accesses are provided to Department for Transport Design Manual for Roads and Bridges design standards or as otherwise agreed with the highway authority.

(3) The highway accesses (including visibility splays) must be constructed and maintained for the period required in accordance with the details approved pursuant to sub-paragraph (1).

Highway accesses in the South Downs National Park

schedule 1 paragraph 16 + 16.—(1) Construction of any—

schedule 1 paragraph 16 1 a + (a)new temporary means of access to a highway to be used by vehicular traffic; or

schedule 1 paragraph 16 1 b + (b)alteration, or us of an existing means of access to a highway to be used by vehicular traffic,

within the South Downs National Park must not commence until written details of the siting, design, layout, visibility splays, access management (which shall be provided to Department for Transport Design Manual for Roads and Bridges design standards or as otherwise agreed with the highway authority) and a maintenance programme relevant to the access has been submitted to and approved by the highway authority for the relevant highway following consultation with South Downs National Park Authority.

(2) The highway accesses within the South Downs National Park must be constructed and maintained for the period required in accordance with the details approved pursuant to sub-paragraph (1).

Operational drainage management

schedule 1 paragraph 17 + 17.—(1) No works to construct the onshore substation comprising Work No. 16 (excluding any onshore site preparation works) may commence until an operational drainage plan including written details of the surface and (if any) foul water drainage system (including means of pollution control) and its management during the operational life of the authorised development, in accordance with the outline operational drainage plan has been submitted to and approved by the lead local flood authority following consultation with the relevant sewerage and drainage authorities and the Environment Agency.

(2) The surface and foul water drainage system for Work No. 16 must be constructed and maintained in accordance with the approved details.

schedule 1 paragraph 18 + 18.—(1) No works to construct the extension of the National Grid substation comprising Work No. 20 (excluding any onshore site preparation works) may commence until an operational drainage plan including written details of the surface and (if any) foul water drainage system (including means of pollution control) and its management during the operational life of the authorised development, in accordance with the outline operational drainage plan has been submitted to and approved by the lead local flood authority following consultation with the relevant sewerage and drainage authorities and the Environment Agency.

(2) The surface and foul water drainage system for Work No. 20 must be constructed and maintained in accordance with the approved details.

Onshore Archaeology

schedule 1 paragraph 19 + 19.—(1) No stage of the authorised project within the onshore Order limits may commence until a site-specific written scheme of archaeological investigation for that stage which must accord with the outline onshore written scheme of investigation has been submitted to and approved by the relevant planning authority following consultation with West Sussex County Council.

(2) All archaeological investigations including those carried out as part of onshore site preparation works must be carried out in accordance with the relevant written scheme of archaeological investigation approved under sub-paragraph (1).

(3) The archaeological site investigations and post investigation assessment must be completed in accordance with the programme set out in the written scheme of archaeological investigation and provision made for analysis, publication and dissemination of results and archive deposition.

(4) Any written scheme or archaeological investigation submitted under sub-paragraph (1) may cover one or more stage of the onshore works.

(5) In the event of the discovery of previously unknown archaeological remains within the onshore Order limits, their significance and suitability for preservation in situ must be assessed by field evaluation, in accordance with the outline onshore written scheme of investigation. Any archaeological remains which are demonstrably of national significance will be preserved in situ unless it is agreed by the relevant planning authority following consultation with West Sussex County Council, that either they are not suitable for preservation in situ or that preservation in situ cannot be achieved acceptably (including obtaining all necessary consents). Should archaeological remains be left in situ on any site, a site-specific archaeological management plan must be submitted to and approved in writing by the relevant planning authority following consultation with West Sussex County Council. Any further works, including removal and reinstatement, must be carried out in accordance with the approved site-specific archaeological management plan, unless otherwise approved by the relevant planning authority.

Public rights of way

schedule 1 paragraph 20 + 20.—(1) No stage of the authorised project within the onshore Order limits may commence until a public rights of way management plan for the management of public rights of way (excluding the National Trail in the South Downs National Park) located within that stage and which accords with the outline public rights of way management plan has been submitted to and approved in writing by the highway authority following consultation with the relevant planning authority which is to include (where relevant for the stage) a programme for the temporary closure and re‑opening of the public rights of way specified at Schedule 4 (public rights of way), save for the National Trail in the South Downs National Park, comprising—

schedule 1 paragraph 20 1 a + (a)a plan for the sequencing of construction of the onshore works;

schedule 1 paragraph 20 1 b + (b)the management of any alternative routes during the temporary closure; and

schedule 1 paragraph 20 1 c + (c)the re-opening of the public rights of way upon the cessation of that part of the authorised project requiring the temporary closure of those rights of way.

(2) No stage of the authorised project within the onshore Order limits which includes the National Trail in the South Downs National Park is to commence until a public rights of way management plan for the relevant stage has been submitted to and approved in writing by the South Downs National Park Authority a programme for the temporary closure and re-opening of the National Trail within that stage, comprising—

schedule 1 paragraph 20 2 i + (i)a plan for the sequencing of construction of the onshore works;

schedule 1 paragraph 20 2 ii + (ii)the management of any alternative routes during the temporary closure; and

schedule 1 paragraph 20 2 iii + (iii)the re-opening of the National Trail upon the cessation of that part of the authorised development requiring the temporary closure of the National Trail.

(3) Any public rights of way management plan submitted under sub-paragraph (1) may cover one or more stage of the onshore works.

(4) The public rights of way management plan for each stage must be implemented as approved.

(5) No stage of the onshore works may commence unless the undertaker has provided to the highway authority and the South Downs National Park Authority a rights of way and access land communication management plan, which is to include—

schedule 1 paragraph 20 5 a + (a)proposals for informing the public of the start and duration of the connection works where public rights of way or the access land described in Schedule 6 (temporary suspension of public access to access land) are affected, including signage; and

schedule 1 paragraph 20 5 b + (b)details of the proposed diversions and temporary closures to minimise impacts on public rights of way during construction of the connection works,

and the details provided in accordance with this sub-paragraph (5) must be implemented during the construction of the relevant stages of the onshore works to which they relate.

Open access land

schedule 1 paragraph 21 + 21.—(1) No stage of the authorised project within which an area of access land is located may commence until an open access land management plan for that area of access land has been submitted to and approved in writing by the highway authority following consultation with the relevant planning authority as part of the public rights of way management plan for the stage within which the open access land is located pursuant to requirement 20 (public rights of way).

(2) Any open access land management plan submitted under sub-paragraph (1) may cover one or more area of open access land.

(3) Each open access land management plan submitted in accordance with sub-paragraph (1) must be implemented as approved.

Code of construction practice

schedule 1 paragraph 22 + 22.—(1) No stage of any works landward of MLWS may commence until a detailed code of construction practice for the stage has been submitted to and approved by the relevant planning authority, following consultation with the Environment Agency, the statutory nature conservation body, the highway authority and the lead local flood authority and, to the extent that it relates to works seaward of mean high water springs comprising Work No. 6, the MMO.

(2) Any construction code of practice submitted under sub-paragraph (1) may cover one or more stage of the works landward of MLWS.

(3) All construction works landwards of MLWS must be undertaken in accordance with the relevant approved code of construction practice.

(4) The code of construction practice must accord with the outline code of construction practice and include, as appropriate to the relevant stage—

schedule 1 paragraph 22 4 a + (a)arboricultural method statement and tree protection plan;

schedule 1 paragraph 22 4 b + (b)construction phase drainage plan;

schedule 1 paragraph 22 4 c + (c)materials management plan;

schedule 1 paragraph 22 4 d + (d)site waste management plan which accords with the outline site waste management plan;

schedule 1 paragraph 22 4 e + (e)soil management plan which accords with the outline soils management plan;

schedule 1 paragraph 22 4 f + (f)biodiversity management plan including invasive non-native species protocol;

schedule 1 paragraph 22 4 g + (g)noise and vibration management plan (construction) which accords with the outline noise and vibration management plan;

schedule 1 paragraph 22 4 h + (h)air quality management plan which accords with the outline air quality management plan;

schedule 1 paragraph 22 4 i + (i)emergency response plan;

schedule 1 paragraph 22 4 j + (j)pollution prevention plan and pollution incident response plan;

schedule 1 paragraph 22 4 k + (k)details for dealing with contaminated land and groundwater;

schedule 1 paragraph 22 4 l + (l)arrangements for temporary fencing or other means of secure enclosure of the construction sites and compounds during the carrying out of the connection works and their removal on their completion;

schedule 1 paragraph 22 4 m + (m)details for dealing with artificial light emissions (construction);

schedule 1 paragraph 22 4 n + (n)hours of construction working; and

schedule 1 paragraph 22 4 o + (o)water quality monitoring programme.

Onshore construction method statement

schedule 1 paragraph 23 + 23.—(1) No stage of the authorised project within the Order limits landward of MLWS may commence until an onshore construction method statement for the construction of the relevant stage of the works which accords with the outline construction method statement has been submitted to and approved in writing by the relevant planning authority following consultation with the statutory nature conservation body and to the extent that it relates to works seaward of mean high water springs comprising Work No. 6, the MMO.

(2) The onshore construction method statements referred to in paragraph (1) must, as appropriate to the relevant stage—

schedule 1 paragraph 23 2 a + (a)include details for the location, depth, method and process for horizontal directional drilling for the cable circuit installation works comprising Work Nos. 6 and 7 including restrictions on works above ground;

schedule 1 paragraph 23 2 b + (b)restrict access within ecologically sensitive sites including Climping Beach Site of Special Scientific Interest, Littlehampton Golf Course and Atherington Beach Local Wildlife Site, Sullington Hill Local Wildlife Site and ancient woodland at Michelgrove Park and Calcot Wood;

schedule 1 paragraph 23 2 c + (c)secure that the landfall construction compound comprising Work No. 8 do not exceed 120 metres x 100 metres;

schedule 1 paragraph 23 2 d + (d)secure that compounds associated with horizontal directional drilling do not exceed 50 metres x 75 metres;

schedule 1 paragraph 23 2 e + (e)secure appropriate burial depth for the onshore cable circuits comprising Work Nos. 9 and 19 within the relevant stage including under watercourses crossed by trenchless technology;

schedule 1 paragraph 23 2 f + (f)confirm the cable construction corridor location and its width through the relevant stage including that the width through treelines and areas of woodland is narrowed to no more than 30 metres;

schedule 1 paragraph 23 2 g + (g)include planned methods and processes for all crossings identified by the stage specific code of construction practice to be installed by trenchless technology; and

schedule 1 paragraph 23 2 h + (h)include a protocol for restoration and reinstatement of land used temporarily for construction including provisions to secure that the construction corridor through areas of woodland, across tree lines and important hedgerows (as defined pursuant to the Hedgerow Regulations 1997) are to be reinstated and which must accord with the stage specific landscape and ecological management plan approved pursuant to requirement 12 above.

(3) Any construction method statement submitted under sub-paragraph (1) may cover one or more stage of the works landward of MLWS.

(4) Each onshore construction method statement submitted in accordance with sub-paragraph (1) must be implemented as approved.

Construction traffic management plan

schedule 1 paragraph 24 + 24.—(1) No stage of the authorised project within the onshore Order limits landwards of MLWS may commence until written details of—

schedule 1 paragraph 24 1 a + (a)a construction traffic management plan (which accords with the outline construction traffic management plan); and

schedule 1 paragraph 24 1 b + (b)a construction workforce travel plan (which accords with the outline onshore construction workforce travel plan),

for the stage have each been submitted to and approved by the highway authority following consultation with the relevant planning authority.

(2) The construction traffic management plan must include, as a minimum—

schedule 1 paragraph 24 2 a + (a)a routeing plan to secure that heavy goods vehicles (HGVs) used during the construction period are to avoid settlements, the Air Quality Management Area in Cowfold and the A24 through Findon wherever possible;

schedule 1 paragraph 24 2 b + (b)management of junctions and crossings of the public highway; and

schedule 1 paragraph 24 2 c + (c)measures for laying cable circuits in streets by either single lane control or short road closure depending on the location.

(3) Any construction traffic management plan submitted under sub-paragraph (1)(a) or construction workforce travel plan submitted under sub-paragraph (1)(b) may cover one or more stage of the onshore works.

(4) The construction traffic management plan for each stage must be implemented as approved.

(5) The onshore construction workforce travel plan for each stage must be implemented as approved.

Contamination risk

schedule 1 paragraph 25 + 25.—(1) No construction works excluding onshore site preparation works may commence within the onshore Order limits in the localised areas identified within the preliminary risk assessment (desk study) included in chapter 25 of the environmental statement as being at risk from contamination until land contamination assessments have been undertaken for that localised area of the onshore Order limits and has been submitted to and approved by the relevant planning authority.

(2) The land contamination assessments must be carried out in accordance with the Environment Agency’s Land Contamination Risk Management manual (“the LCRM”) and will include the following—

schedule 1 paragraph 25 2 a + (a)results of a site investigation scheme and quantitative risk assessment based on the findings of the preliminary risk assessment (desk study) to identify any site-specific assessment risks to receptors that may require a remediation strategy described in sub-paragraph (b);

schedule 1 paragraph 25 2 b + (b)where unacceptable risks are identified based on the results of the site investigation and risk assessment referred to in sub-paragraph (a), a remediation strategy giving full details of the remediation measures required and how they are to be undertaken;

schedule 1 paragraph 25 2 c + (c)a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy secured by sub-paragraph (b) are complete and have been effective; and

schedule 1 paragraph 25 2 d + (d)provision of a verification report in line with the verification plan referred to in sub-paragraph (c) prior to completion of the works.

(3) If, during the course of construction, previously unidentified contamination is discovered, construction must cease on that localised area of land within the onshore Order limits (unless otherwise agreed in writing with the relevant planning authority) and the contamination reported to the relevant planning authority within 10 working days. Construction must not recommence on that localised area of land within the onshore order limits until a remediation strategy (including a verification plan) detailing how this contamination will be dealt with has been submitted to, and approved by, the relevant planning authority. The remediation strategy is to be developed in accordance with LCRM, which may include further site investigation and risk assessment, and must then be implemented as approved by the relevant planning authority.

Coastal erosion

schedule 1 paragraph 26 + 26.—(1) No works comprising Work Nos. 6 or 7 may commence until a coastal erosion and future beach profile estimation assessment has been carried out and a scheme identifying any mitigation or adaptive management measures required to help minimise the vulnerability of this part of the Order land from future coastal erosion and tidal flooding (if required) has been submitted to and approved in writing by the Environment Agency.

(2) Any mitigation or adaptive management measures identified as part of the scheme submitted pursuant to (1) above must be implemented as approved.

Operation phase maintenance

schedule 1 paragraph 27 + 27.—(1) The authorised development must not be brought into commercial use unless an operations and maintenance plan (OMP) for the onshore substation comprising Work No. 16 has been provided to the relevant planning authority and Natural England.

(2) The OMP provided pursuant to sub-paragraph (1) must include as a minimum—

schedule 1 paragraph 27 2 a + (a)a pollution prevention plan;

schedule 1 paragraph 27 2 b + (b)a pollution incident control plan; and

schedule 1 paragraph 27 2 c + (c)a risk assessment for major accidents and disasters.

schedule 1 paragraph 28 + 28.—(1) The authorised development must not be brought into commercial use unless an operations and maintenance plan (OMP) for the extension to the National Grid substation at Bolney comprising Work No. 20 has been provided to the relevant planning authority and Natural England.

(2) The OMP provided pursuant to sub-paragraph (1) must include as a minimum—

schedule 1 paragraph 28 2 a + (a)a pollution prevention plan;

schedule 1 paragraph 28 2 b + (b)a pollution incident control plan; and

schedule 1 paragraph 28 2 c + (c)a risk assessment for major accidents and disasters.

Control of noise during operational phase

schedule 1 paragraph 29 + 29.—(1) The onshore substation comprising Work No. 16 must not be commissioned unless an operational noise management plan (NMP) for the transmission substation has been submitted to and approved by the relevant planning authority.

(2) The NMP submitted pursuant to sub-paragraph (1) must set out the particulars of—

schedule 1 paragraph 29 2 a + (a)the noise attenuation and mitigation measures to be taken to minimise noise resulting from the onshore substation, including any noise limits (subject to paragraph (3) below); and

schedule 1 paragraph 29 2 b + (b)a scheme for monitoring attenuation and mitigation measures provided under sub- paragraph (a) which must include—

schedule 1 paragraph 29 2 b i + (i)the circumstances under which noise will be monitored;

schedule 1 paragraph 29 2 b ii + (ii)limitations on noise levels at sensitive locations;

schedule 1 paragraph 29 2 b iii + (iii)the locations at which noise will be monitored;

schedule 1 paragraph 29 2 b iv + (iv)the method of noise measurement which must be in accord with the relevant British Standards or other agreed noise;

schedule 1 paragraph 29 2 b v + (v)measurement methodology appropriate to the circumstances); and

schedule 1 paragraph 29 2 b vi + (vi)a complaints procedure.

(3) The NMP submitted pursuant to sub-paragraph (1) must ensure that the rating levels (noise emissions plus any character correction) from operation of the onshore substation comprising Work No. 16 will not exceed the noise levels set out in the design principles in the design and access statement.

(4) The approved NMP must be implemented throughout the operational life of the authorised development.

(5) Work No. 20 must not commence, excluding onshore site preparation works, until a plan has been submitted to the relevant planning authority which provides details of the equipment to be installed at the substation extension comprising Work No. 20 including—

schedule 1 paragraph 29 5 a + (a)its operational equipment that has the potential to generate noise emissions; and

schedule 1 paragraph 29 5 b + (b)characterisation of any sound and the expected frequency and duration of any such emissions to demonstrate that such emissions will not have a discernible or measurable effect in the context of the existing noise environment at the National Grid substation at Bolney.

Control of artificial light emissions during operational phase

schedule 1 paragraph 30 + 30.—(1) Work No. 16 must not commence, excluding onshore site preparation works, until an operational light emissions management plan providing details of artificial light emissions during the operation of Work No. 16, including measures to minimise lighting pollution and the hours of lighting, in accordance with the design principles in the design and access statement, has been submitted to and approved by the relevant planning authority.

(2) The approved lighting plan must be implemented throughout the operational life of the authorised development.

schedule 1 paragraph 31 + 31.—(1) Work No. 20 must not commence, excluding onshore site preparation works, until an operational light emissions management plan providing details of artificial light emissions during the operation of Work No. 20, including measures to minimise lighting pollution and the hours of lighting design principles in the design and access statement has been submitted to and approved by the relevant planning authority.

(2) The approved lighting plan must be implemented throughout the operational life of the authorised development.

Operational Travel Plan

schedule 1 paragraph 32 + 32.—(1) Prior to the commencement of the operation of the authorised development an operation travel plan which must accord with the outline operational travel plan must be submitted to, and approved by, the relevant planning authority following consultation with West Sussex County Council as highway authority.

(2) The approved operation travel plan must be implemented throughout the operational life of the authorised development.

Skills and Employment Strategy

schedule 1 paragraph 33 + 33.—(1) No works comprising the authorised development may commence, excluding onshore site preparation works, until a skills and employment strategy, in accordance with the outline skills and employment strategy, has been submitted to and approved by West Sussex County Council following consultation with the relevant planning authorities for all stages of the authorised development.

(2) The skills and employment strategy must be implemented as approved.

Construction Communication Plan

schedule 1 paragraph 34 + 34.—(1) No stage of the authorised project landward of MLWS, excluding any onshore site preparation works, may commence until a construction communication plan in accordance with the outline construction communication plan has been provided to and approved by the relevant planning authorities.

(2) The construction communication plan must be implemented as approved throughout the construction of the authorised project within the onshore order limits.

Onshore decommissioning

schedule 1 paragraph 35 + 35.—(1) The undertaker must notify the relevant planning authority of the permanent cessation of commercial operation of the authorised development within 28 days following the date of permanent cessation.

(2) Within six months of the cessation of commercial operation of the connection works an onshore decommissioning plan must be submitted to the relevant planning authority, in consultation with the relevant statutory nature conservation body, for approval unless otherwise agreed in writing by the relevant planning authority.

(3) The approved decommissioning plan must be implemented unless otherwise agreed in writing by the relevant planning authority, in consultation with the relevant statutory nature conservation body.

Primary Surveillance Radar Mitigation

schedule 1 paragraph 36 + 36.—(1) No part of any wind turbine generator (excluding foundations) shall be erected as part of the authorised development until a primary radar mitigation scheme agreed in advance with the operator has been submitted to and approved in writing by the Secretary of State in order to mitigate the impact of the authorised development on the primary radar of the operator located at Pease Pottage and any associated air traffic management operations.

(2) No part of any wind turbine generator (excluding foundations) shall be erected until the approved primary radar mitigation scheme has been implemented and the authorised development must thereafter be operated fully in accordance with the approved scheme.

(3) For the purpose of sub-paragraphs (1) and (2) above—

term operator + “operator” means NATS (En Route) plc, incorporated under the Companies Act (Company Number 4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hampshire PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services to the relevant managed area (within the meaning of section 40 of the Transport Act); and

term scheme + “primary radar mitigation scheme” or “scheme” means a detailed scheme agreed with the operator which sets out the measures to be taken to mitigate the impact of the development on the primary radar located at Pease Pottage and air traffic management operations of the Operator.

Instrument flight procedures

schedule 1 paragraph 37 + 37.—(1) Prior to commencement of the authorised development seaward of MHWS the undertaker must provide details of the number, specification (including lightning protection) and dimensions of each wind turbine generator and its location to the Airport Operator and provide confirmation of the same to the Secretary of State.

(2) Within 21 days of providing the information specified in sub-paragraph (1) above, (or such other period as may be agreed in writing between the undertaker and the Secretary of State), the undertaker must, with any written confirmation from the Airport Operator received within that 21 day period, provide written confirmation to the Secretary of State that—

schedule 1 paragraph 37 2 a + (a)none of the turbines to be installed in accordance with the information submitted pursuant to sub-paragraph (1) above would have an impact on the instrument flight procedures of Shoreham Airport; or

schedule 1 paragraph 37 2 b + (b)a turbine or turbines to be installed in accordance with the details submitted pursuant to sub-paragraph (1) above or their turbine blades would have an impact on the instrument flight procedures of Shoreham Airport and that an IFP Scheme is required.

(3) There shall be no commencement of the authorised development seaward of MHWS unless and until such time as—

schedule 1 paragraph 37 3 a + (a)the Secretary of State has confirmed and agreed in writing that they are satisfied that the provisions of paragraph 2(a) are met; or

schedule 1 paragraph 37 3 b + (b)in the event that written notification under paragraph 2(b) is received, the Secretary of State has confirmed in writing that they are satisfied that the undertaker has put in place a binding undertaking to adequately compensate the Airport Operator for producing and securing the implementation of the IFP Scheme.

(4) If an IFP Scheme is required, no wind turbine generator or turbine blade that has been identified as having an impact on instrument flight procedures may be erected or fitted unless and until such time as the Secretary of State receives written confirmation and evidence from the undertaker that—

schedule 1 paragraph 37 4 a + (a)an IFP Scheme has been approved by the Airport Operator; and

schedule 1 paragraph 37 4 b + (b)the Civil Aviation Authority has evidenced its approval to the Airport Operator of the IFP Scheme (if such approval is required).

(5) For the purposes of this requirement—

term airport operator + “Airport Operator” means the operator of Shoreham Airport being Brighton City Airport Limited of The Terminal Building, Cecil Pashley Way, Shoreham-by-sea, West Sussex, BN43 5FF or any successor as holder of a licence under the Commission Regulation (EU) No. 139/2014 (or any successor regulation) from the Civil Aviation Authority to operate Shoreham Airport; and

term ifp scheme + “IFP Scheme” means a scheme to address the identified potential impact of certain wind turbine generators or turbine blades to be constructed on the instrument flight procedures of Shoreham Airport.

Vegetation retention and removal

schedule 1 paragraph 38 + 38.—(1) No stage of works landward of MLWS may commence until a vegetation retention and removal plan (which accords with the outline vegetation retention and removal plan) has been submitted to and approved by the relevant planning authority.

(2) Any vegetation retention and removal plan submitted under paragraph (1) may cover one or more stage of the onshore works.

(3) The vegetation retention and removal plan for each stage must be implemented as approved.

Horsham District mitigation and enhancement

schedule 1 paragraph 39 + 39.—(1) The authorised project must not be commenced, save in respect of onshore site preparation works, until a Horsham District mitigation and enhancement scheme in accordance with the Horsham District mitigation and enhancement principles document has been submitted to and approved by Horsham District Council.

(2) The Horsham District mitigation and enhancement scheme must set out appropriate measures to compensate for the impact of the authorised development on the landscape character in which the onshore substation is located.

(3) The Horsham District mitigation and enhancement scheme must be implemented as approved.

Public rights of way and landscape enhancement

schedule 1 paragraph 40 + 40.—(1) The authorised project must not be commenced, save in respect of onshore site preparation works until a public rights of way and landscape enhancement scheme in accordance with the public rights of way and landscape enhancement principles document has been submitted to and approved by West Sussex County Council.

(2) The public rights of way and landscape enhancement scheme must set out appropriate measures to compensate for—

schedule 1 paragraph 40 2 a + (a)the impact of the loss of hedgerows and trees during the construction of the authorised development on the use and enjoyment of the public rights of way network in West Sussex; and

schedule 1 paragraph 40 2 b + (b)towards improvements to the public rights of way network affected by the construction of the authorised development within a 5km buffer zone of the onshore Order limits.

(3) The public rights of way and landscape enhancement scheme must be implemented as approved.

National Park enhancement and furtherance

schedule 1 paragraph 41 + 41.—(1) The authorised project must not be commenced, save in respect of onshore site preparation works, until a National Park enhancement and furtherance scheme in accordance with the National Park enhancement and furtherance principles document has been submitted to and approved by South Downs National Park Authority.

(2) The National Park enhancement and furtherance scheme must set out appropriate measures to compensate for the impact of the authorised development on the South Downs National Park and seek to further the statutory purposes of the South Downs National Park as set out in section 5 of the National Parks and Access to the Countryside Act 1949.

(3) The National Park enhancement and furtherance scheme must be implemented as approved.

European protected species licence

schedule 1 paragraph 42 + 42.—(1) No phase of the onshore works may commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by that phase of the onshore works or in any of the trees to be lopped or felled as part of that phase of the onshore works.

(2) Where a European protected species is shown to be present, the relevant phase of the onshore works must not commence until, after consultation with Natural England and the relevant planning authority, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority or a European protected species licence granted by Natural England.

(3) The onshore works must be carried out in accordance with the approved scheme.

term european protected species + (4) In this requirement “European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Species and Habitats Regulations 2017. Site-specific plan for the detailed design approval of the temporary construction compounds at Washington and Climping.

schedule 1 paragraph 43 + 43.—(1) Works to provide the temporary construction compounds comprising Work No. 10 must not commence until details of—

schedule 1 paragraph 43 1 a + (a)siting and layout;

schedule 1 paragraph 43 1 b + (b)scale and quantum of uses to be undertaken;

schedule 1 paragraph 43 1 c + (c)existing and proposed ground levels throughout the use of the compound;

schedule 1 paragraph 43 1 d + (d)access; and

schedule 1 paragraph 43 1 e + (e)infrastructure including boundary treatment for the temporary construction compounds;

schedule 1 paragraph 43 1 f + (f)have been submitted to and approved by the relevant planning authority following consultation with West Sussex County Council.

(2) Where details are approved pursuant to sub-paragraph (1) then details for access and egress points and visibility splays for the temporary construction compounds will not be required to be approved pursuant to requirements 15 or 24.

(3) The temporary construction compounds must be provided in accordance with the approved details.

Crossing Schedule

schedule 1 paragraph 44 + 44.—(1) No stage of the authorised development within the Order limits landward of MLWS (excluding any onsite preparation works) may commence until a trenchless crossing plan showing the final locations and extent of each trenchless crossing in that stage and its compound has been submitted to and approved by the relevant planning authority in consultation (where relevant) with West Sussex County Council, the Environment Agency, Southern Water and the relevant statutory nature conservation body.

(2) The undertaker must submit alongside the trenchless crossing plan, detailed feasibility assessments, supported by local ground investigation data, for trenchless crossings through irreplaceable habitats, sites of special scientific interest and sensitive landscape features within South Downs National Park.

(3) The trenchless crossings in the relevant stages must be undertaken in accordance with the approved details.

Requirement for written approval

schedule 1 paragraph 45 + 45.  Where the approval, agreement or confirmation of the Secretary of State, relevant planning authority, highway authority or another person is required under a requirement, that approval, agreement or confirmation must be given in writing.

Amendments to approved details

schedule 1 paragraph 46 + 46.—(1) With respect to any requirement which requires the authorised project to be carried out in accordance with the details approved by the relevant planning authority, highway authority or another person, the approved details must be carried out as approved unless an amendment or variation is previously agreed in writing by the relevant planning authority, highway authority or that other person in accordance with sub- paragraph (2).

(2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the relevant determining authority or that other person that the subject matter of the agreement sought is unlikely to give rise to any new or materially different environmental effects from those assessed in the environmental statement.

(3) The approved details must be taken to include any amendments that may subsequently be approved in writing by the relevant determining authority or that other person.