The Department for Energy Security and Net Zero has confirmed a Secretary of State decision on 19 December 2025 approving a non‑material change to the Norfolk Vanguard development consent order. The amendment updates the compensation framework for effects within the Haisborough, Hammond and Winterton Special Area of Conservation and creates a pathway to use the Marine Recovery Fund established under the Energy Act 2023 and implemented by regulations from December 2025. ([gov.uk](https://www.gov.uk/government/publications/norfolk-vanguard-non-material-change-planning-act-2008))
Article 2 is amended to define “Defra” for the purposes of the Order and to substitute the ‘undertaker’ with Norfolk Vanguard West Limited, aligning the consent with current project corporate arrangements under RWE’s Norfolk Offshore Wind Zone. DESNZ lists RWE Renewables UK for the decision, while the Marine Management Organisation’s 2025 variation notices show Norfolk Vanguard West Limited as an undertaker on the project’s deemed marine licences. ([gov.uk](https://www.gov.uk/government/publications/norfolk-vanguard-non-material-change-planning-act-2008))
Part 3 of Schedule 17 is re‑cast around a Benthic Implementation and Monitoring Plan (BIMP) and a Benthic Steering Group to shape delivery, with a completion report required once BIMP activities conclude. These mechanisms govern compensatory measures linked to cable installation and protection in the HHW SAC. ([infrastructure.planninginspectorate.gov.uk](https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/EN010079/EN010079-004625-Secretary%20of%20State%20for%20Energy%20Security%20and%20Net%20Zero%20Decision%20Letter%20-%20v2%20BIMP.pdf))
The previous hard stop that required a defined area of marine debris to be cleared before any cable installation within the HHW SAC is removed. In its place, results from the monitoring scheme must be provided at least annually to the Secretary of State, the Marine Management Organisation and the relevant statutory nature conservation body, with proposals and implementation where measures prove ineffective. ([infrastructure.planninginspectorate.gov.uk](https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/EN010079/EN010079-004625-Secretary%20of%20State%20for%20Energy%20Security%20and%20Net%20Zero%20Decision%20Letter%20-%20v2%20BIMP.pdf))
Where the required area of marine debris cannot be fully removed, the amendment enables an application to the Secretary of State to substitute the shortfall with a Marine Recovery Fund Payment as an adaptive management measure. The application must identify the proportional share where effects are shared with Norfolk Boreas because of the common cable corridor and quantify debris removed under the BIMP to date. ([infrastructure.planninginspectorate.gov.uk](https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/EN010079/EN010079-004625-Secretary%20of%20State%20for%20Energy%20Security%20and%20Net%20Zero%20Decision%20Letter%20-%20v2%20BIMP.pdf))
Approval of any substitution depends on two confirmations: that the Secretary of State considers the use of the Fund acceptable in principle, and that Defra or the Fund operator confirms the Fund can be used with monetary quantification of the sum due. This mirrors the Energy Act 2023 scheme, which permits a payment into the Marine Recovery Fund to discharge a compensation condition to the extent determined by the relevant decision‑maker. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2025/1230/made?utm_source=openai))
Following approval, the Secretary of State may discharge the undertaker from further project‑level compensation duties on approval of the completion report or upon payment of the agreed sum to the Marine Recovery Fund, including via an instalment agreement confirmed in writing. Where instalments are used, the obligation to complete the payment schedule continues. ([legislation.gov.uk](https://www.legislation.gov.uk/uksi/2025/1230/made?utm_source=openai))
The change reflects delivery realities recorded by government decisions. DESNZ’s July 2024 BIMP decision letter identified very low densities of seabed debris in and around the HHW SAC and accepted collaborations in English and wider North Sea waters as credible work streams, while discounting sea‑surface removal as compensation. The amendment embeds an adaptive route consistent with the strategic compensation model now available through the Marine Recovery Fund. ([infrastructure.planninginspectorate.gov.uk](https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/EN010079/EN010079-004625-Secretary%20of%20State%20for%20Energy%20Security%20and%20Net%20Zero%20Decision%20Letter%20-%20v2%20BIMP.pdf))
For programme leads, the update reduces schedule risk from debris scarcity while retaining close oversight. Annual reporting to the Secretary of State, the MMO and Natural England, plus the option to trigger a Fund substitution, provides a structured means to maintain coherence of the national site network in line with the certified compensation plan. ([infrastructure.planninginspectorate.gov.uk](https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/EN010079/EN010079-004625-Secretary%20of%20State%20for%20Energy%20Security%20and%20Net%20Zero%20Decision%20Letter%20-%20v2%20BIMP.pdf))
Project teams should ensure internal governance reflects the amended definitions and compensation pathway, maintain the BIMP and the annual monitoring cycle, and prepare the evidential case for any Fund application should a shortfall arise. DESNZ’s decision page provides the official confirmation of the change, while the Marine Recovery Funds Regulations supply the wider statutory context. ([gov.uk](https://www.gov.uk/government/publications/norfolk-vanguard-non-material-change-planning-act-2008))