Representation by Orsted Hornsea Project Three (UK) Limited (Orsted Hornsea Project Three (UK) Limited)
- Date submitted
- 14 November 2022
- Submitted by
- Members of the public/businesses
This relevant representation is made by Orsted Hornsea Project Three (UK) Limited (“Hornsea Three”) the named undertaker on the Development Consent Order (DCO) for the Hornsea Three Offshore Wind Farm Order 2020 (the “Hornsea Three Order”). The proposed Order limits and Order land for the Application overlap with the Order limits and Order land as defined in the Hornsea Three Order. Hornsea Three engaged with Equinor New Energy Limited (the Applicant) in relation to the possible interactions and impacts of the Application on Hornsea Three prior to the submission of the Application. Hornsea Three has subsequently reviewed the Application which has been accepted by PINS. This letter forms the initial representation to the proposal. The Application will interact with the Hornsea Three Order in two main ways: a. nearby or overlapping rights for the onshore grid connection cable routes at: i. The point of landfall; and ii. The connection with the substation at Dunston b. the potential for crossing and proximity of the cables at three locations east and south-east of Weston Longville. The Application provides four “scenarios” to address the various potential consenting and construction methodologies for the project. The works listed as forming part of the Authorised Development in Schedule 1 are split into works A (relating to the Sheringham Extension Project) works B (relating to the Dudgeon Extension Project) and works C (Sheringham and Dudgeon Extension Projects integrated works). The plans anticipate broadly similar land interaction with the Hornsea Three cable route, irrespective of whether works A or B are undertaken. There is less interaction with works C. As noted above there are three main points of interaction; landfall, a crossing area where the Application’s cable route crosses the Hornsea Three cable route and interaction in the vicinity of the substation. There are also overlapping rights e.g rights of access. Further work is currently being undertaken to fully understand the extent of the interaction between the Application and the Hornsea Three Order. Hornsea Three shall make further representations once the interface is fully understood. The rights to be acquired by the Applicant include freehold acquisition, temporary possession and collections of rights and restrictive covenants labelled A to I, inclusive. The plots of land where Hornsea Three is recognised as having an interest are generally subject to only one category of Right at a time. Hornsea Three is the holder of a generation licence under the Electricity Act 1989 and a statutory undertaker for the purposes of s127 of the Planning Act 2008. Hornsea Three has the benefit of a number of Option Agreements over land within the proposed Order limits in the Application. Hornsea Three note that there are generic protective provisions for Electricity Act 1989 licence holders but as currently drafted these only apply to existing apparatus and would not therefore apply to the construction of the Hornsea Three cables. The Application does include protective provisions for the benefit of Hornsea Three in respect of “specified works” (the “Protective Provisions”). Specified Works are defined as works within a “crossing area” (being land within as-yet-unspecified land parcel(s)); within as-yet-unspecified number of meters of the Hornsea Three cable corridor or apparatus; or that may in any way adversely affect any apparatus. Issues to be resolved: Hornsea Three considers that the two schemes can co-exist and therefore does not have an in-principle objection to the Application. However, as Hornsea Three is a consented nationally significant infrastructure project with a contract for difference, it is crucial that the Application does not prohibit or delay the construction and/or operation of Hornsea Three or result in Hornsea Three being in breach of the Hornsea Three Order or its obligations under the contract for difference. Hornsea Three has identified a number of issues that need to be resolved so as to ensure that no serious detriment is caused to Hornsea Three. A fuller account of the issues, and the measures that Hornsea Three requires to resolve them will be provided once Hornsea Three has scrutinised the Applicants proposed plans. In the meantime Hornsea Three shall engage with the Applicant to agree amendments to the Protective Provisions to address the following: i. Provisions relating to the timing and coordination of construction works including: a. construction programme (e.g., to ensure that alternative access is provided before an existing access is materially blocked) b. construction mitigation measures including discharge of any requirements; c. landscape and ecological measures including discharge of any requirements; d. ground investigations; e. fencing and other security measures; f. construction traffic management g. liaison between contractors (including monitoring, communication and emergency protocols); and h. community liaison and complaints procedure. ii. Provisions relating to the timing of consent. iii. Greater specificity in respect of when thermal interaction alone will not be a reasonable objection, i.e. by reference to parameters above which thermal interaction would nevertheless be a reasonable objection; iv. Provisions relating to the payment of any additional costs; v. An indemnity for any loss or damage; and vi. Provisions relating to dispute resolution prior to arbitration (e.g. internal escalation) and reference to another party and not the Secretary of State in the event that an arbitrator cannot be agreed. The environmental statement submitted by the Applicant refers to the Applicants desire to enter into a co-operation agreement relating to the proposed crossings/proximity arrangements and the interface at the substation site. Hornsea Three is open to discussion in this regard. Additional Information requested: Hornsea Three wishes to engage to improve its understanding of the construction activities that the Applicant is proposing to undertake and any permanent operational apparatus to be installed within the area of overlapping Order limits so it can be understood whether such activities will have an impact on the construction, operation or maintenance of Hornsea Three. Hornsea Three would also like to understand whether there is likely to be any temporal overlaps relating to any survey or construction activities. It would also be helpful if the Applicant could provide sufficient information to Hornsea Three to establish whether the Application will have any impacts on the Hornsea Three construction traffic routes, location and use of construction compounds and/or services It is imperative that Hornsea Three maintains its commitments to relevant stakeholders and any interactions therefore must take account of any existing commitments outside of the Hornsea Three DCO. Hornsea Three will continue to work with the Applicant to facilitate agreement between the parties to ensure both projects can co-exist. This agreement should include the ongoing engagement with affected landowners. Hornsea Three looks forward to further engagement with the Applicant on these and any other matters that may arise.