The Department for Energy Security and Net Zero has made the Norfolk Boreas Offshore Wind Farm (Amendment) (No. 2) Order 2025, a non‑material change under Schedule 6 of the Planning Act 2008. Made on 18 December and in force from 19 December 2025, the instrument updates compensation and monitoring for works within the Haisborough, Hammond and Winterton Special Area of Conservation (HHW SAC) and corrects several project details.
At Article 2, the Order adds a definition for the Department for Environment, Food and Rural Affairs (Defra) and restates the undertaker as Norfolk Boreas Limited (Company No. 03722058). It also corrects specific offshore coordinates used in the authorised development descriptions. These are drafting clarifications rather than changes to the overall project scope set by the 2021 Development Consent Order.
For compensation within the HHW SAC, Part 3 of Schedule 19 is revised. The earlier pre‑commencement trigger requiring marine‑debris removal before cable installation is withdrawn, with delivery to be monitored and reported to the Secretary of State, the Marine Management Organisation and the relevant statutory nature conservation body, including proposals where measures prove ineffective. The shift reflects practical challenges evidenced during Benthic Implementation and Monitoring Plan (BIMP) submissions for the Norfolk projects.
The Order introduces an adaptive route through the Marine Recovery Fund established by section 292 of the Energy Act 2023. Where debris removal cannot be delivered in whole or part, the undertaker may apply to substitute the outstanding requirement with a Marine Recovery Fund Payment. Approval depends on the Secretary of State accepting the principle and proportion, and on Defra or the Fund operator confirming eligibility and the quantified sum due.
Once approved, cable installation within the HHW SAC remains contingent on an implementation and monitoring plan being signed off and on formal discharge of compensation obligations. Discharge may occur when a completion report is accepted, when the agreed Marine Recovery Fund Payment is paid in full, or when a contract to pay by instalments is executed and the first instalment made; payment obligations under any contract then continue. These arrangements align the DCO with the statutory Fund mechanism.
Where impacts are shared with the Norfolk Vanguard scheme via the common cable corridor, any application to switch to a Marine Recovery Fund Payment must set out the relevant proportion attributable to Norfolk Boreas. This mirrors the developer’s three‑project delivery strategy across Norfolk Vanguard East, Norfolk Vanguard West and Norfolk Boreas noted in recent marine licence variations.
Governance around the BIMP and the Benthic Steering Group is retained, with the Secretary of State determining BIMP approvals post‑decision. DESNZ decisions in 2023–2024 on BIMP iterations for the Norfolk projects highlight both the monitoring expectations and the need to adjust delivery where earlier compensation assumptions proved difficult to achieve.
For project delivery, the change reduces schedule risk tied to locating sufficient debris for removal while preserving environmental outcomes through either site‑level measures or a quantified payment into the Marine Recovery Fund. Developers should plan for the potential Fund liability, recognising that sums are set under the statutory mechanism and that monitoring and reporting duties remain in place.
For regulators and statutory bodies, the emphasis moves to regular reporting to the Secretary of State, the MMO and the statutory nature conservation body, with corrective actions implemented where monitoring shows limited effectiveness. This keeps compensation performance under central scrutiny while allowing a strategic alternative if site‑level measures cannot be delivered.
The instrument amends, rather than replaces, the Norfolk Boreas Offshore Wind Farm Order 2021. The 2021 Order continues to govern the wider project framework, including deemed marine licences, with this amendment updating compensation routes, roles and drafting points to reflect current policy and statutory tools.