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Sheringham Shoal and Dudgeon Offshore Wind Farm, Notice of Authorisation of Compulsory Acquisition.

NR30 3PRPublished 02/05/24Expired
Eastern Daily Press • 

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NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7) OF THE PLANNING ACT 2008

THE SHERINGHAM SHOAL AND DUDGEON EXTENSIONS OFFSHORE WIND FARM ORDER 2024

NOTICE OF AUTHORISATION OF COMPULSORY ACQUISITION

The above Order, made under the Planning Act 2008 by the Secretary of State for Energy Security and Net Zero (the "Secretary of State") and published on 17th April 2024, includes provision authorising the compulsory acquisition of land, of existing rights over land, and of rights over land by creating new rights over it, as described in Schedule 1 and more particularly described in the Order and book of reference accompanying the Order.

The Order includes provision authorising the acquisition for the purpose of the construction, operation, maintenance and decommissioning of the Sheringham Shoal Extension Project and Dudgeon Extension Project ("SEP and DEP") together with associated offshore and onshore infrastructure and all associated development. SEP and DEP are situated in the North Sea approximately 17-23 kilometres off the coast of Norfolk to the north and east of Sheringham Shoal Offshore Wind Farm and north and southeast of Dudgeon Offshore Wind Farm respectively and they will connect to the National Grid at the National Grid's existing Norwich main substation.

SEP and DEP comprise the following elements:

1. Up to 53 wind turbine generators;

2. Up to two offshore substation platforms;

3. Up to two subsea export cable circuits;

4. In-field cable circuits;

5. Up to 2 interlink subsea cable circuit to the Sheringham Shoal Offshore Wind Farm and Dudgeon Offshore Wind Farm;

6. Landfall works and works to connect the offshore export cables to the onshore cables;

7. An onshore connection (comprising up to two buried cable circuits with cable ducts and other associated infrastructure) to an onshore substation;

8. The connection from there to National Grid's Norwich main substation, and other associated development.

SEP and DEP will use High Voltage Alternating Current transmission.

A copy of the Order as made by the Secretary of State, together with copies of the Secretary of State's decision letter and the Examining Authority's report of its recommendations are available to view online through the Planning Inspectorate's website:

https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/EN010109

A hard copy of the Order is available on request by contacting:

By Email: info@sepanddep.co.uk

By Phone: 0808 1963 673

A person aggrieved by the Order may challenge the Order only in accordance with Section 118 of the Planning Act 2008, which stipulates that any proceeding must be brought by filing a claim form for judicial review before the end of the period of 6 weeks; beginning with the day after the day on which the Order was published (or, if later, the day on which the statement of reasons for making the Order is published).

The provisions in the Order authorising compulsory acquisition come into force on the 9th May 2024. From that date either of the named undertakers in the Order may acquire any of the land (including any existing rights and / or new rights) described in Schedule 1 below by executing a general vesting declaration under Section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. A statement on the effect of Parts 2 and 3 of that Act is set out in Schedule 2. The named undertakers are Scira Extension Limited and Dudgeon Extension Limited ("SEL and DEL").

Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to provide SEL and DEL with information about the person's name, address and interest in land, using a prescribed form. The prescribed form is set out in Schedule 3.

SCHEDULE 1 DESCRIPTION OF THE LAND, EXISTING RIGHTS AND THE NEW RIGHTS

The Order land (as defined in Article 2 of the Order) is shown on the land plans (as defined in Article 2 of the Order) and described in the book of reference (as defined in Article 2 of the Order). This notice relates to so much of the Order land as:

• is shown shaded pink (freehold to be compulsorily acquired and in relation to which it is proposed to extinguish easements, servitudes and other private rights);

• is shown shaded blue (rights including restrictions) to be compulsorily acquired and new rights to be created (including restrictions to be imposed) and in relation to which it is proposed to suspend or extinguish easements, servitudes and other private rights); and

• together "the land subject to powers of compulsory acquisition".

A summary description of the Order land is set out below:

The SEP and DEP export cables will make landfall on the beach at Weybourne, using horizontal directional drilling. Here the offshore cables will be jointed to the onshore cables at the transition joint bays. The onshore cables will then connect to the onshore substation near Norwich and then on to the National Grid owned 400 kV Norwich Main to allow the power to be transferred to the National Grid.

Under the powers granted in the Order, SEL and/or DEL may acquire compulsorily:

a) so much of the Order land as is specified by Article 17 (compulsory acquisition of land) of the Order for the authorised development (as defined in Article 2 of the Order), or to facilitate it, or as is incidental to it; and

(b) such rights over the Order land, by creating them as well as by acquiring rights already in existence, and impose restrictions affecting part of the Order land, as is authorised by Article 19 (compulsory acquisition of rights) of the Order.

The new rights to be created and restrictions to be imposed relate to:

1) Rights required for the construction, operation, maintenance and decommissioning of the onshore cable works and ancillary apparatus;

2) Rights of access and rights to construct and improve new and existing accesses;

3) Rights required for the construction, operation, maintenance and decommissioning of services and drains;

4) Rights to install and maintain landscaping and ecological measures;

5) Rights to install and maintain boundary treatment and security infrastructure;

6) Imposition of restrictions as is necessary in order to prevent the obstruction, interruption or interference of the exercise of the rights.

SEL and/or DEL may extinguish any existing right or restriction that is inconsistent with the exercise of the powers under Article 17 of the Order or the exercise of any new right or compliance with the restrictions pursuant to Article 19 of the Order.

SEL and/or DEL may temporarily use the Order land (including so much of the Order land as is shown edged red and shaded pink, shaded blue and shaded yellow) to carry out the authorised project (as defined in Article 2 of the Order) pursuant to Article 26 of the Order and may temporarily use the Order land to maintain the authorised project pursuant to Article 27 of the Order.

SEL and/or DEL may suspend any existing right or restriction that is inconsistent with the exercise of the powers of temporary possession under Article 26 of the Order.

SCHEDULE 2 STATEMENT OF EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE

(VESTING DECLARATIONS) ACT 1981

Power to execute a general vesting declaration

1. Once the provisions in the Order which authorise compulsory acquisition come into force, SEL and/ or DEL may acquire any of the land (including any existing rights and / or new rights) described in Schedule 1 above by executing a general vesting declaration under Section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (the Act). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in SEL and/or DEL at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

2. As soon as may be after SEL and/or DEL execute a general vesting declaration, they must serve notice of it on every occupier of any of the land specified in the declaration (except land where there is one of the tenancies described in paragraph 4) and on every person who gives them information relating to the land in pursuance of the invitation contained in this notice of the authorisation of the compulsory acquisition. When the service of notices of the general vesting declaration is completed, a period specified in the declaration, of not less than three months, will begin to run. On the first day after the end of this period the land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in SEL and/or DEL together with the right to enter on the land and take possession of it. Every person on whom SEL and/or DEL could have served a notice to treat in respect of their interest in the land (other than a tenant under one of the tenancies described in paragraph 4) will be entitled to claim compensation for the acquisition of their interest in the land, with interest on the compensation from the vesting date.

3. The "vesting date" for any land specified in a declaration will be the first day after the end of the period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule A1 to the Act within that period. In such circumstances, the vesting date for the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.

Modifications with respect to certain tenancies

1. In the case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a "minor tenancy", i.e. a tenancy for a year or a yearly tenancy or a lesser interest, or "a long tenancy which is about to expire". The latter expression means a tenancy granted for an interest greater than a minor tenancy but which on the vesting date has a period still to run which is not more than the period specified in the declaration for this purpose (which must be more than a year). In calculating how long a tenancy has still to run, where any option to renew or to terminate it is available to either party, it shall be assumed that the landlord will take every opportunity open to them to terminate the tenancy while the tenant will use every opportunity to retain or renew their interest.

2. The modifications are that SEL and DEL may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 4 unless SEL and/or DEL first serves a notice to treat in respect of the tenancy and then serves every occupier of the land with a notice of its intention to enter and take possession after the period (not less than three months from the service of the notice) specified in the notice. The right of entry will be exercisable at the end of that period. The vesting of the land will be subject to the tenancy until the end of that period or until the tenancy comes to an end, whichever happens first.

SCHEDULE 3 FORM FOR GIVING INFORMATION

To: SEL and DEL

Reference [plot number(s) and address of land/property]

To be addressed to: SEL and DEL c/o Dalcour Maclaren, 1 Staplehurst Farm, Weston on the Green, Oxfordshire, OX25 3QU, or sent by email to: equinor.ukextensions@dalcourmaclaren.com

[I] [We] being [a person] [persons] who, if a general vesting declaration were executed under Section

4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the order cited above in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of [all] [part of] that land, give you the following information, pursuant to Section 134(7) of the Planning Act 2008.

1. Name and address of informant(s) (see explanatory note (i) below)

2. Land in which an interest is held by informant(s) (see explanatory note (ii) below)

3. Nature of interest (see explanatory note (iii) below)

Signed

[on behalf of]

Date

(i) In the case of a joint interest insert the names and addresses of all the informants.

(ii) The land should be described concisely.

(iii) If the interest is leasehold, the date of commencement and length of term should be given. If the land is subject to a mortgage or other incumbrance, details should be given, e.g. name of building society ad roll number.

For and on behalf of SEL and DEL

Date: 2nd May 2024

SEL and DEL, its subsidiaries and service providers will process your personal information for the purpose of implementing the Order, including its compulsory acquisition powers, and to comply with related government guidelines. Your personal information will be properly safeguarded and processed in accordance with the requirements of privacy and data and protection legislation.

To find out more about how SEL and DEL handles personal data please visit:

https://www.equinor.com/about-us/privacy-policy and for more information on how Dalcour Maclaren (appointed as SEL and DEL's agent in relation to the Order) handles personal data, including its privacy policy, please visit: https://dalcourmaclaren.com/privacy-policy.

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From

3-May-2024

To

14-Jun-2024

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