Tendring, Essex and East Anglia Coast - Compulsory Acquisition Authorisation for Offshore Wind Farm Development

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

THE NORTH FALLS OFFSHORE WIND FARM ORDER 2026

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 and published on 14 May 2026, includes provision authorising the compulsory acquisition of land, of existing rights over land, and of rights over land by creating new rights and imposing restrictions as described in Schedule 1 of this notice.

The Order includes provision authorising the acquisition for the purpose of the construction, operation, maintenance and decommissioning of the North Falls Offshore Wind Farm, an offshore generating station with a capacity exceeding 100 megawatts (MW) proposed approximately 40km off the East Anglia coast in the southern North Sea (the “Project”).

The Project includes the following main components:

• a single offshore array area covering an area of 95 square kilometres with up to 57 wind turbine generators;

• the installation of underground cables and associated infrastructure;

• construction of up to two offshore substation platforms, or, up to one offshore substation platform and up to one offshore converter platform;

• the construction of up to two cable circuits and associated ducting with the onshore landfall taking place between Holland-on-Sea and Frinton-on-Sea;

• the construction of an electrical substation between Little Bromley and Ardleigh to connect to National Grid’s proposed East Anglia Connection Node substation; and

• all associated development and ancillary works.

A copy of the Order has been deposited and may be inspected at all reasonable hours at North Falls Offshore Windfarm Ltd, Windmill Hill Business Park, Whitehill Way, Swindon, Wiltshire, SN5 6PB (care of Penny Ainsbury, Company Secretary).

A copy of the Order, together with copies of the Secretary of State’s decision letter and Examining Authority’s report of its recommendations, the Statement of Reasons, the Book of Reference and the Land Plans are available to view online, free of charge, on the North Falls Offshore Wind Farm page on the Planning Inspectorate’s website:

https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/EN010119/documents 

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 proceedings must be brought by filing a claim 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 was published).

Once the provision in the Order authorising compulsory acquisition comes into force, North Falls Offshore Wind Farm Limited may acquire any of the land (including any existing rights and/or new rights and restrictions) 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.

Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give North Falls Offshore Wind Farm Limited information about the person’s name, address and interest in land, using a prescribed form. Information may be submitted by email to contact@northfallsoffshore.com, by post to North Falls, c/o Dalcour Maclaren, The Barn, Bignell Park Barns, Chesterton, Oxfordshire, OX26 1TD or by telephone on 0800 254 5340. The prescribed form is set out in Schedule 3.

SCHEDULE 1

DESCRIPTION OF THE LAND, EXISTING RIGHTS AND THE NEW RIGHTS

The Order land 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 listed in the Book of Reference and as shown on the Land Plans shaded pink (freehold and leasehold to be compulsorily acquired and in relation to which it is proposed to extinguish easements, servitudes, and other private rights), shaded blue (new rights to be compulsorily acquired and restrictive covenants to be imposed and in relation to which it is proposed to extinguish easements, servitudes, and other private rights) and shaded yellow (temporary use of land in relation to which it is proposed to temporarily suspend easements, servitudes and other private rights).

The Project’s export cables will make landfall at Kirby Brook between Holland-on-Sea and Frinton-on-Sea where they will join the onshore cables. The cable route travels in a broadly western direction for around 24km to the location of the onshore substation between Little Bromley and Ardleigh and will then connect to National Grid’s proposed East Anglia Connection Node substation.

In respect of the land subject to powers of compulsory acquisition, this Order authorises North Falls Offshore Wind Farm Limited to:

(a) acquire so much of the Order land as is specified by article 21 (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;

(b) acquire such rights over the Order land, by creating them as well as by acquiring rights already in existence, and impose restrictive covenants affecting part of the Order land, as is authorised by article 24 (compulsory acquisition of rights) of the Order; and

(c) acquire so much of or such rights in subsoil over the Order land as authorised by article 28 (acquisition of subsoil only) of the Order.

In the case of Order land specified in Schedule 5 (land in which only new rights etc. may be acquired) of the Order, the Order authorises the acquisition of existing rights and benefit of restrictive covenants and the creation and acquisition of such new rights and imposition of such new restrictive covenants as described in Schedule 5 which include:

1. rights required for the construction, installation, retention, operation, maintenance and decommissioning of electricity cabling works in the intertidal zone, the landfall and onshore connection works and the cable route onshore including access, drainage and services;

2. rights required for ecological mitigation and enhancement works;

3. rights required for substation drainage;

4. rights required for the construction, installation, retention, operation, maintenance and decommissioning of electricity cabling works to connect to the National Grid substation including access;

5. rights required for operational and maintenance access; and

6. the imposition of restrictions as is necessary in order to prevent the obstruction, interruption or interference with the exercise of the rights and to prevent actions which may cause damage to the authorised development or interfere with the free flow and passage of electricity or telecommunications through the cables or support for the authorised development.

In respect of all of the land subject to powers of compulsory acquisition, the Order includes powers to override any existing easements and other rights in accordance with article 27 (statutory authority to override easements and other rights) of the Order and may suspend or extinguish private rights in land in accordance with article 25 (private rights) of the Order.

North Falls Offshore Wind Farm Limited may also temporarily use the Order land to carry out the authorised development (as defined in article 2 of the Order) pursuant to article 31 (temporary use of land for carrying out the authorised development) of the Order and may temporarily use the Order land to maintain the authorised development pursuant to article 32 (temporary use of land for maintaining the authorised development) of the Order.

SCHEDULE 2

STATEMENT ON THE EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981

Power to execute a general vesting declaration

1. Once the provision in the North Falls Offshore Wind Farm Order 2026 which authorises compulsory acquisition comes into force, the acquiring authority (hereinafter called North Falls Offshore Wind Farm Limited) 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 North Falls Offshore Wind Farm Limited at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

2. As soon as may be after North Falls Offshore Wind Farm Limited executes 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 the 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 North Falls Offshore Wind Farm Limited together with the right to enter on the land and take possession of it. Every person on whom North Falls Offshore Wind Farm Limited could have served a notice to treat in respect of his 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 his interest in the land, with interest on the compensation from the vesting date.

3. The “vesting date” for any land specified in the 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

4. 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 having on the vesting date 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 him to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.

The modifications are that North Falls Offshore Wind Farm Limited 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 they first serve notice to treat in respect of the tenancy and then serve every occupier of the land with a notice of their 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.

Signed

Andy Paine

Project Director

For and on behalf of North Falls Offshore Wind Farm Limited

Dated: 4 June 2026

SCHEDULE 3

FORM FOR GIVING INFORMATION

THE NORTH FALLS OFFSHORE WIND FARM ORDER 2026

To: North Falls Offshore Wind Farm Limited

[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)(cza) of the Planning Act 2008.

Signed ..................................................................................................................................

[On behalf of .................................................................................................................... ]

Date ..................................................................................................................................

Guidance notes on how to complete this form

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

North Falls Offshore Wind Farm Limited, its subsidiaries and service providers will process your personal information for the purpose of implementing the North Falls Offshore Wind Farm Order 2026, 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 protection legislation.

To find out more about how North Falls Offshore Wind Farm Limited handles personal data please visit: https://www.northfallsoffshore.com/