Public Notices

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

East Anglia TWO Limited
Notice ID: 11134699

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

THE EAST ANGLIA TWO OFFSHORE WIND FARM ORDER

NOTICE OF AUTHORISATION OF COMPULSORY ACQUISITION

The above Order, made under the Planning Act 2008 by the Secretary of State for Business, Energy and Industrial Strategy (the “Secretary of State”) and published on 31 March 2022, includes provision authorising the compulsory acquisition of land, existing rights over land, and of rights over land by creating a new right over it as described in Schedule 7 to the Order and in the Book of Reference accompanying the Order.

The Order includes provision authorising for the purpose of the construction, operation, maintenance and decommissioning of the East Anglia TWO Offshore Wind Farm to be located in the southern North Sea approximately 32.6km from the Suffolk coast at its nearest point and will occupy an area of up to 218.4km². The Order, amongst other things, authorises:

1. Up to 75 offshore wind turbines and their foundations;

2. Up to one offshore meteorological mast and its foundations;

3. Subsea cables connecting the wind turbines and the offshore platforms; 4.

4. Up to one offshore construction, operation and maintenance platform and its foundations;

5. Up to four offshore electrical platforms and their foundations;

6. A network of subsea platform link cables;

7. Up to two offshore subsea export cables to transmit electricity from the offshore electrical platforms to landfall located north of Thorpeness in Suffolk;

8. Landfall connection works north of Thorpeness in Suffolk;

9. Onshore cables commencing at landfall and running to the onshore substation in the vicinity of Grove Wood, Friston;

10. A new onshore substation in the vicinity of Grove Wood, Friston;

11. Overhead line realignment works in proximity to Grove Wood, Friston including permanent realignment of a short section of the northern and southern overhead line circuits including the reconstruction and/or relocation of up to two pylons and construction of up to one additional pylon in order to realign the northern overhead lines and the reconstruction and/or relocation of up to one pylon in order to realign the southern overhead lines;

12. Temporary diversion of the northern and southern overhead line circuits;

13. Construction of up to three permanent cable sealing end compounds (one of which may include circuit breakers) and underground connections;

14. A new National Grid substation; and

15. Associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of East Anglia TWO.

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 free of charge on the following project webpage on the National Infrastructure Planning website: https://infrastructure.planninginspectorate.gov.uk/projects/eastern/east-anglia-two-offshore-windfarm/ Hard copies of the above-mentioned documents will be available for inspection free of charge as set out below.

Inspection Location - Suffolk County Council Endeavour House, 8 Russell Road, Ipswich, IP1 2BX

Opening Times - Monday to Friday 8:00am to 5:00pm

Notes- Hard copy of Order documents

Inspection Location - East Suffolk Council Woodbridge Library, New Street, Woodbridge, Suffolk, IP12 1DT

Opening Times - Monday and Sunday 10:00am to 4:00pm Tuesday 9:00am to 7:30pm Wednesday and Thursday 9:00am to 5:30pm Friday 9:00am to 7:00pm Saturday 10:00am to 4:00pm

Notes - Hard copy of Order documents

Inspection Location - East Suffolk Council Marina Centre, Marina, Lowestoft, NR32 1HH

Opening Times - Tuesdays and Thursdays 10:00am to 4:00pm

Notes - Hard copy of Order documents

Inspection Location - Orbis Energy Wilde Street, Lowestoft, NR32 1XH

Opening Times - Monday to Friday 8:30am to 5:00pm

Notes - Hard copy of Order documents

Inspection Location - Leiston-cum-Sizewell Town Council Council Offices, Main Street, Leiston, Suffolk, IP16 4ER

Opening Times - Monday and Tuesday 9:00am to 12:30pm and 2:00pm to 4:45pm Thursday to Friday 9:00am to 12:30pm.

Notes - Hard copy of Order 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 form for judicial review before the end of the period of 6 weeks beginning with 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, East Anglia TWO Limited 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.

Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give information about the person’s name, address and interest in land, using the prescribed form to East Anglia TWO Limited at:

FAO Land Referencing, Dalcour Maclaren, 1 Staplehurst Farm, Weston on the Green, Bicester, Oxfordshire, OX25 3QU Or eastangliatwo@scottishpower.com The prescribed form is set out in Schedule 3 below. 

SCHEDULE 1

DESCRIPTION OF THE LAND, EXISTING RIGHTS AND 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 on the land plans shaded pink (land subject to temporary occupation and use and freehold acquisition), shaded blue (land subject to temporary occupation and use and acquisition of permanent rights) and shaded brown (land subject to temporary occupation and use) (the land subject to powers of compulsory acquisition). A summary description of the Order land is set out below:

The landfall connection works will be located north of Thorpeness in Suffolk, and the onshore substation and overhead line realignment works will be located in the vicinity of Grove Wood, Friston. Under the powers granted in the Order, East Anglia TWO Limited may acquire compulsorily:

a) so much of the Order land as is specified by Article 18 (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 20 (compulsory acquisition of rights) of the Order.

The purpose for which new rights may be acquired and restrictions may be imposed is described in Schedule 7 to the Order and includes:

a) Rights to install cables by way of (but not limited to) directional drilling, digging trenches, auger boring, thrust boring, micro tunnelling or pipe ramming or other similar trenchless techniques.

b) Rights to retain and use the cables, transition bays and jointing installations for the purposes of the transmission of electricity and telecommunications.

c) Rights to benefit from continuous vertical and lateral support for the cables, transition bays, jointing installations, pipes, cables, conduits, service media, electricity poles, electricity pylons, overhead electricity lines, telecommunications cable and any ancillary equipment and apparatus.

d) Rights to enter onto, pass and repass and remain on the Order land with or without all necessary plant, vehicles, machinery, materials, drilling fluids, apparatus, temporary structures and equipment.

e) Rights to place and use plant, vehicles, machinery, materials, apparatus, equipment and temporary structures on and within the Order land.

f) Rights to carry out terrestrial work activities.

g) Rights to lay down, construct, install, retain, adjust, alter, test, use, maintain, repair, renew, upgrade, inspect, survey, cleanse, re-lay, connect into, divert, protect, make safe, make incapable of operation, replace and remove:

i. pipes, cables, conduits, service media or apparatus that are used for the purposes of transmitting and distributing electricity, communications, gas, oil, water supply, sewerage and drainage (including pipes, cables, conduits, service media or apparatus of statutory undertakers);

ii. electricity poles, electricity pylons, electricity masts overhead electricity lines, telecommunications cables and any ancillary equipment and apparatus (including but not limited to the use of scaffolding) and any other works as necessary;

iii. public and private drains, watercourses, sewers, ponds or culverts, and to drain into and manage waterflows in any public and private drains, watercourses, sewers, ponds or culverts;

iv. temporary welfare facilities;

v. cable marker posts;

vi. hard standing and other surface materials;

vii. temporary paths and bridleways for public use;

viii. temporary access roads;

ix. temporary haul roads;

x. temporary noise alleviation measures;

xi. temporary barriers for the protection of fauna;

xii. supporting or protective structures; and

xiii. temporary fencing, gates, walls, barriers or other means of enclosure.

h) Rights to retain and use electricity poles, electricity pylons, electricity masts, overhead electricity lines, telecommunications cables and all ancillary equipment and apparatus for the purposes of the transmission of electricity and telecommunications and for any other purpose ancillary to the authorised project.

i) Rights to remove and discharge water from the Order land.

j) Rights to fell, prune, cut, coppice, alter, lop, uproot and replant trees, shrubs and hedges, and remove roots of trees, shrubs and hedges.

k) Rights to install, execute, implement, retain, repair, improve, renew, relocate, maintain and carry out mitigation, maintenance, remediation and/or enhancement works.

l) Rights to install, execute, implement, retain, repair, improve, renew, remove, relocate and plant trees, woodland, shrubs, hedgerows, seeding and other ecological measures together with the right to maintain, inspect and replant such trees, shrubs and landscaping.

m) Rights to retain, maintain, straighten, widen, repair, alter, upgrade and use existing access routes for the purposes of accessing the Order land, adjoining land and highway.

n) Rights to remove, store and stockpile materials (including excavated material) within the Order land.

o) Rights to remove fences, hedges, gates or other barriers during any period during which terrestrial work activities is to occur (subject to the prior erection of any temporary stock proof fencing as is reasonably required) and the replacement, replanting or re-instatement of fences, hedges or other barriers.

p) Rights to remove archaeological artefacts where they would prevent or cause it to be materially more difficult to undertake terrestrial work activities or where leaving such archaeological artefacts in situ would materially increase the cost of the terrestrial work activities.

q) Rights to erect temporary signage and provide measures for the benefit of public and personnel safety;

r) Rights to carry out surveys, making of boreholes, trial pits and archaeological trenches and field stripping, auger hole sampling and the taking of soil and other samples.

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

East Anglia TWO Limited may suspend any existing right or restriction that is inconsistent with the exercise of the powers under Article 18 of the Order or the exercise of any new right or compliance with the restrictions pursuant to Article 20 of the Order.

East Anglia TWO Limited may also temporarily use the Order land 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.

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 provision in the East Anglia TWO Offshore Wind Farm Order 2022 which authorises compulsory acquisition comes into force, East Anglia TWO 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 “1981 Act”). This has the effect, subject to paragraphs 3 and 5 below, of vesting the land in East Anglia TWO Limited at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

2. As soon as may be after East Anglia TWO Limited executes a general vesting declaration, it 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 it information relating to the land in pursuance of the invitation contained in the notice of 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 East Anglia TWO Limited together with the right to enter on the land and take possession of it. Every person on whom East Anglia TWO 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 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 1981 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/her to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.

5. The modifications are that East Anglia TWO 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 it first serves 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: East Anglia TWO Limited

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

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 and roll number.

For and on behalf of East Anglia TWO Limited

Date: 11 April 2022

Please refer to our Privacy Notice (https://www.scottishpowerrenewables.com/pages/privacy.aspx) for information on how East Anglia TWO Limited collects, stores and uses information that identifies individuals (“Personal Information”) in connection with its business activities.