Representation by Orsted Hornsea Project Three UK (Orsted Hornsea Project Three UK)
- Date submitted
- 17 June 2021
- 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 A47 Tuddenham DCO overlap with the Order limits and Order land as defined in the Hornsea Three Order. Hornsea Three engaged with Highways England in relation to the possible interactions and impacts of the A47 Tuddenham DCO on Hornsea Three during the Examination of Hornsea Three and prior to the submission of the A47 Tuddenham DCO Application. Hornsea Three has subsequently reviewed the Highways England A47 Tuddenham DCO Application which has been accepted by PINS. This letter forms the initial representation to the proposal. The A47 North Tuddenham to Easton Dualling DCO (the “A47 Tuddenham DCO”) will interact with the Hornsea Three Order in two main ways: a. Overlap of works areas where Highways England had identified potential material storage areas and needs to create the new A47 mainline, utilities diversions and new route for walkers, cyclists and horse riders with the Hornsea Three Order onshore export cable corridor; and b. Loss of access for Hornsea Three for both construction and operation from Church Lane, north of the A47, when the Easton roundabout is removed. What has been provided by Highways England The A47 Tuddenham DCO includes development consent for works relating to the Hornsea Three Order. Works No. 94 grants consent for the Hornsea Three cables and Works No. 99 grants consent for the temporary haul road to construct the Hornsea Three cables. Requirement 13 of the A47 Tuddenham DCO requires Highways England to obtain Hornsea Three’s written approval prior to commencing Works No. 94 and all works must be carried out in accordance with Requirements 10, 17, 18 and 22 in Schedule 1 Part 3 of the Hornsea Three Order. The A47 Tuddenham DCO also includes compulsory acquisition powers to acquire new rights over land and impose restrictions relating to the installation of the Hornsea Three cables and rights to access to install and maintain the Hornsea Three cables. It is helpful that the powers in the A47 Tuddenham DCO can be transferred to Hornsea Three for the purposes of undertaking Works No. 94 and Works No 99. However, it is noted that there is currently no obligation upon Highways England to transfer the powers to Hornsea Three or any obligation on Highways England to cooperate and facilitate the installation of the Hornsea Three cables and the temporary haul road. 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 for the A47 Tuddenham DCO. Hornsea Three note that there are generic protective provisions for Electricity Act 1989 licence holders in the A47 Tuddenham DCO but as currently drafted these only apply to existing apparatus and would not therefore apply to the construction of the Hornsea Three cables. 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 A47 Tuddenham DCO. However, as Hornsea Three is a consented nationally significant infrastructure project, it is crucial that the A47 Tuddenham DCO 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. 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 summary of the issues, and the measures that Hornsea Three requires to resolve them, is set out below. Technical issues: • Highways England to provide confirmation that the replacement access track will be suitably designed to allow the maximum design of Hornsea Three’s construction vehicles to utilise the access. Specifically, Hornsea Three requires it’s abnormal load requirements to be facilitated, including any necessary approvals from the highways authority to be secured by Highways England on behalf of Hornsea Three. • Highways England to provide confirmation that the new dumbbell roundabout will be suitably designed and aligned to allow the maximum design of Hornsea Three’s construction vehicles to utilise the roundabout. • Highways England to provide confirmation of the construction activities that it 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. • Highways England to provide sufficient information to Hornsea Three to establish whether the A47 Tuddenham DCO will prevent or restrict Hornsea Three from complying with Hornsea Three’s Taverham Highways Intervention Scheme (HIS) (as required pursuant to Requirement 18 (Construction Traffic Management Plan) of the Hornsea Three Order). Highways England to provide confirmation that it will work with Hornsea Three to agree any changes which might be required to the HIS with the local highways authority (Norfolk County Council). • Highways England to provide sufficient information to Hornsea Three to establish whether the A47 Tuddenham DCO will have any impacts on the Hornsea Three construction traffic routes.In particular, Hornsea Three would like to understand whether any of its vehicle movements may need to be re-routed and if this will align with previous commitments made to other relevant key stakeholders. Legal issues: • Highways England to provide confirmation that it will procure (either by agreement or compulsory acquisition) adequate permanent access rights for Hornsea Three to the Hornsea Three cable corridor for operational purposes. As mentioned above, whilst compulsory acquisition powers have been included in the A47 Tuddenham DCO there is no obligation on Highways England to exercise the powers or transfer the powers to Hornsea Three. • Highways England to provide confirmation that the replacement access provided by Highways England will remain in situ until the completion of the construction of Hornsea Three (which is likely to be after the opening of the new road). This includes ensuring that the temporary use powers are of a sufficient duration and including a positive obligation on Highways England to keep the access in place and maintained to a suitable standard. With regard to the A47 Tuddenham DCO Hornsea Three reserves the right to make further representations as the examination progresses but proposes the following additions/amendments to the A47 DCO on a preliminary basis: a. The rights and restrictions in Schedule 5 (Land in which only new rights etc. may be acquired) need to be amended so as to align with the rights in the Hornsea Three Order (including rights to “use” and rights for landscaping) and need to refer to the correct Works No. b. A provision is included to state that if compliance with the A47 DCO prevents the undertaker from complying with any article or requirement in the Hornsea Three Order then the undertaker shall not be in breach of the Hornsea Three Order and it shall be a defence to an offence under s161 of the Planning Act 2008 to prove that the undertaker was not able to comply as a result of the A47 DCO (and vice versa). c. Hornsea There require protective provisions to be included on the face of the A47 DCO. The parties propose to discuss and agree protective provisions and Hornsea Three will endeavour to submit draft protective provisions by the first deadline. Hornsea Three will continue to work with Highways England to facilitate agreement between the parties to ensure both projects can co-exist. Both parties are open to entering into a co-operation agreement to facilitate co-existence. This agreement will include the ongoing engagement with affected landowners. Hornsea Three looks forward to further engagement with Highways England on these and any other matters that may arise.