The Secretary of State for Energy Security and Net Zero has made a non‑material change to the Norfolk Vanguard Offshore Wind Farm Order 2022. The Norfolk Vanguard Offshore Wind Farm (Amendment) (No. 3) Order 2025 took effect on 19 December 2025 and updates how Habitats Regulations compensation for the Haisborough, Hammond and Winterton Special Area of Conservation (HHW SAC) can be delivered.
The Order was determined under paragraph 2 of Schedule 6 to the Planning Act 2008, following publicity and consultation in line with regulations 6 and 7 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011. This confirms the Secretary of State’s view that the change is not material to the original consent while still requiring formal public notification and targeted consultation.
Two interpretation updates are made. First, the Order now defines “Defra” for the purposes of compensation administration. Second, the named “undertaker” is updated to Norfolk Vanguard West Limited, aligning the development consent with corporate arrangements already reflected in marine licence management.
Part 3 of Schedule 17, which governs delivery of compensatory measures for cable installation and protection within the HHW SAC, is re‑cast. It formalises a Benthic Implementation and Monitoring Plan (BIMP) and a Benthic Steering Group (BSG) to shape delivery and oversight, building on the existing compensation framework certified under the 2022 Development Consent Order.
A previous stipulation tying the start of cable installation in the HHW SAC to completion of a specified area of marine‑debris removal is removed. In place of a rigid pre‑commencement threshold, the amended provisions allow the Secretary of State to approve alternative arrangements that maintain ecological outcomes while providing operational flexibility for sequencing of works.
The central change introduces a Marine Recovery Fund Payment as an adaptive management measure where the required debris‑removal area cannot be fully achieved. The payment route is anchored to section 292 of the Energy Act 2023, which enables government to establish and operate marine recovery funds for strategic compensation linked to offshore wind.
The undertaker may apply to the Secretary of State to use the Marine Recovery Fund route for the portion of debris removal not delivered. The application must set out the share of the overall requirement attributable to Norfolk Vanguard where impacts are shared with the Norfolk Boreas project via the common cable corridor, and account for material already removed under the BIMP.
Approval depends on two confirmations. First, the Secretary of State must be satisfied that using the fund is acceptable in principle, including the exact proportion of the original compensation that can be substituted. Second, Defra or the Marine Recovery Fund operator must confirm the fund can be used and quantify the sum due in lieu of the physical compensation activities.
If approved, cable installation within the HHW SAC can proceed only once an implementation and monitoring plan is approved by the Secretary of State and the undertaker has been discharged from further obligations to deliver the physical compensation measures. Discharge can occur via approval of a completion report for delivered measures, payment in full into the Marine Recovery Fund, or entry into an instalment contract with the fund operator accompanied by the first payment and written confirmation from the Secretary of State that the obligation is met.
The amended monitoring provision requires results to be submitted at least annually to the Secretary of State, the Marine Management Organisation (MMO) and the relevant statutory nature conservation body. Where monitoring indicates the measures are not securing the intended improvement to the HHW SAC, proposals must be submitted and then implemented as approved by the Secretary of State in consultation with the MMO and the statutory nature conservation body.
For developers, the change creates a defined contingency if seabed conditions or coexistence with other users limit debris‑removal opportunities. It allows projects to move ahead once the Secretary of State has confirmed that a properly quantified payment to the Marine Recovery Fund will deliver equivalent strategic compensation, while maintaining clear monitoring and reporting duties.
The Order also recognises interaction with Norfolk Boreas in the shared export cable corridor. By requiring proportionality statements in any Marine Recovery Fund application, it reduces the risk of double‑counting or under‑delivery across the two Nationally Significant Infrastructure Projects and aligns with recent MMO variation activity on the projects’ licences.
In practice, consenting and environment teams should revisit the BIMP to incorporate the fund‑payment pathway, confirm governance for the BSG, and prepare annual reporting templates to meet the revised submission duty to the Secretary of State, MMO and the statutory nature conservation body. The legal basis remains the 2022 DCO as amended, with the Energy Act 2023 providing the statutory footing for any strategic compensation payments.