The Secretary of State for Energy Security and Net Zero has made the Norfolk Boreas Offshore Wind Farm (Amendment) (No. 2) Order 2025, updating the 2021 development consent order by way of a non-material change. The instrument was made on 18 December 2025 and came into force on 19 December 2025 after publicity and consultation under the 2011 Regulations. The decision records that the change is not materially different from the application submitted under Schedule 6 to the Planning Act 2008.
The Order tightens how compensation for cable installation and protection within the Haisborough, Hammond and Winterton Special Area of Conservation is planned, monitored and, where necessary, delivered through strategic alternatives. It does so by revising Part 3 of Schedule 19 on compensation to protect the national site network, while leaving the underlying development consent intact.
Two interpretation updates are made. “Defra” is defined as the Department for Environment, Food and Rural Affairs (and any successor body). The definition of “undertaker” is substituted so that, subject to article 6 on benefit of the Order, it is Norfolk Boreas Limited (Company No. 03722058). These changes align the DCO with current institutional and corporate arrangements.
Minor mapping corrections are introduced in Schedule 1 to the authorised development. Three latitude/longitude points in degrees‑minutes‑seconds format are updated at points 29, 67 and 164. These adjustments are administrative and ensure the consented coordinates are recorded accurately for the onshore/offshore cable corridor documentation.
The compensation framework for the HHW SAC is clarified with new and refined terms. A benthic implementation and monitoring plan (BIMP) is defined as the vehicle for delivering cable‑related compensation measures, informed by a benthic steering group (BSG). The Order also defines the Marine Recovery Fund, established under section 292 of the Energy Act 2023 for strategic compensation, and introduces the concept of a Marine Recovery Fund Payment, the quantum of which is to be agreed with Defra or any body operating the Fund.
A previous pre‑commencement threshold is removed. The requirement that at least 8.3 hectares of marine debris must be cleared before cable installation within the HHW SAC no longer applies. In its place, the Order emphasises monitored outcomes and the ability to substitute strategic compensation via the Marine Recovery Fund where on‑site measures cannot be fully achieved.
Monitoring and reporting duties are strengthened. Unless otherwise agreed, results from the approved monitoring scheme must be submitted at least annually to the Secretary of State, the Marine Management Organisation and the relevant statutory nature conservation body. Where monitoring shows measures are ineffective, proposals to address effectiveness must be submitted and then implemented once approved in writing by the Secretary of State following consultation.
Completion reporting is formalised. A report demonstrating completion of activities required by the BIMP must be provided to the Secretary of State within 12 months of completing those activities, subject to provisions that allow substitution through the Marine Recovery Fund route where appropriate.
An adaptive management pathway is created if debris removal targets are not fully met. In that case, the undertaker may apply to make a Marine Recovery Fund Payment in substitution for the shortfall. Any application must set out how impacts and obligations are apportioned where they are shared with the Norfolk Vanguard project due to the shared cable corridor, and must evidence the material removed to date, taking account of any Norfolk Vanguard contributions already recognised.
Before approving the adaptive route, the Secretary of State must be satisfied that using the Marine Recovery Fund is acceptable in principle, including the exact proportion of the original compensation that may be substituted, and that Defra (or the Fund operator) has confirmed the Fund can be used with a quantified sum in lieu of measures. If approved, no cable installation works may take place within the HHW SAC until an implementation and monitoring plan is approved and the undertaker is discharged from further obligations under Part 3 in line with the Order.
The Order sets out clear routes to discharge. The undertaker is released from further delivery of compensation measures once the Secretary of State approves the completion report, or once the agreed Marine Recovery Fund Payment is paid in full and confirmed to meet the requirement, or once an instalment contract with Defra (or the Fund operator) is entered into and the first payment made with written confirmation. Where discharge is granted on an instalment basis, the obligation to continue payments in line with that contract remains in force.
For delivery teams, the changes mean compliance will be judged against an approved BIMP with annual reporting, outcome‑based remedial actions and, if needed, a strategic compensation payment route. Programme managers should note that pursuing the Marine Recovery Fund option introduces a hold point for cable installation within the HHW SAC until the new plan is approved and discharge is confirmed. Commercial teams should budget for a payment agreed with Defra, with potential for instalments, and ensure evidence on debris removal and any Norfolk Vanguard apportionment is maintained to the standard required by the Secretary of State. Legal and GIS teams should update documentation to the revised definitions and coordinates immediately. The Order is now in force.