The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

Construction-phase traffic management plan

27

• (1) No stage of the onshore works must commence until written details of a construction-phase traffic management plan (“CTMP”), including port-related traffic, to be used for the management of construction traffic has been submitted to and approved in writing by the relevant planning authority following consultation with the local highway authority for the area within which the port is located.

• (2) The CTMP must include details (including agreed routes) for abnormal indivisible loads (“AILs”) that will be delivered by road (or confirmation that no AILs will be required for construction of the authorised project), and the approved details must be adhered to at all times during the time when AILs are to be transported to or from the authorised project by road.

• (3) Notices must be erected and maintained throughout the period of construction at construction site exits, in accordance with the CTMP, indicating to drivers the routes agreed by the relevant planning authority for traffic entering and leaving sites.

• (4) The CTMP must be in accordance with the details submitted within the CoCP.

• (5) The CTMP must be implemented on commencement of the relevant stage of construction works as approved.

European protected species: onshore

28

• (1) No stage of the onshore works must commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by any part of the onshore works or in any of the trees to be lopped or felled as part of the onshore works.

• (2) Where a European protected species is shown to be present, the stage of the onshore works likely to affect the species must not commence until, after consultation with the relevant statutory nature conservation body and the Secretary of State for the Environment, Food and Rural Affairs, a scheme of protection and mitigation measures has been submitted to and approved in writing by the relevant planning authority.

• (3) The onshore works must be carried out in accordance with the approved scheme.

• (4) In this Requirement, “European protected species” has the meaning given in regulation 42 of the Conservation of Habitats and Species Regulations 2017.

Restoration of land used temporarily for construction

29

Subject to article 29 (temporary use of land for carrying out authorised project), any land landward of MLWS within the Order limits that is used temporarily for constructing the onshore works, and not ultimately incorporated in permanent works or approved landscaping, must be reinstated to its former condition, or such condition as the relevant planning authority may approve, within 6 months of completion of the relevant stage of the onshore works, or if later by the end of the next available planting season.

Interference with telecommunications

30

• (1) Bizco 1 must submit to the relevant planning authority for approval a scheme to rectify the situation in the event that the operation of the Project A onshore works and shared works give rise to interference with telecommunications or television equipment at nearby residential properties.

• (1A) Bizco 4 must submit to the relevant planning authority for approval a scheme to rectify the situation in the event that the operation of the Project B onshore works and shared works give rise to interference with telecommunications or television equipment at nearby residential properties.

• (2) Each scheme must provide for the investigation by a qualified independent television engineer of any complaint of interference with television reception at a lawfully occupied property (defined for the purposes of this Requirement as a building within use classes C3 and C4 of the Town and Country Planning (Use Classes) Order 1987⁴⁵ that lawfully exists or had planning permission at the date on which this Order is made, where such complaint is notified to the undertaker by the relevant planning authority within 12 months of commercial operation.

• (3) Where impairment is determined by the qualified television engineer to be attributable to the authorised project, mitigation works must be carried out in accordance with the relevant approved scheme.

Onshore decommissioning

31

• (1) No later than 3 months before the cessation of commercial operation of the Project A onshore works (in whole or in part) and any part of the shared works not required for the commercial operation of Project B, Bizco 1 must submit to the relevant planning authority for approval a scheme for the demolition and removal of the Project A onshore works (in whole or in part) and any part of the shared works not required for the commercial operation of Project B, stating the final proposed condition of the relevant land including a proposed timetable.

• (1A) No later than 3 months before the cessation of commercial operation of the Project B onshore works (in whole or in part) and any part of the shared works not required for the commercial operation of Project A, Bizco 4 must submit to the relevant planning authority for approval a scheme for the demolition and removal of the Project B onshore works (in whole or in part) and any part of the shared works not required for the commercial operation of Project A, stating the final proposed condition of the relevant land including a proposed timetable.

• (2) Each proposed scheme must be based on the onshore decommissioning statement submitted with the application, and decommissioning must be carried out as approved.

• (3) References in this requirement to “the shared works” means those elements of the shared works as they relate to Project A or Project B and, for the avoidance of doubt, paragraph (1) of this requirement will not be triggered when Project B ceases commercial operation and paragraph (1A) of this requirement will not be triggered when Project A ceases commercial operation.

Emergency response plan

32

• (1) Construction of Works No. 9A or 9B must not commence until an emergency response plan relating to the construction and operation of that stage of the onshore works has been submitted for approval by the relevant planning authority following consultation with National Grid Electricity Transmission plc.

• (2) The emergency plan must be carried out as approved.

Amendments to approved details

33

• (1) Where a Requirement requires the authorised development to be carried out in accordance with details approved by the relevant planning authority or another person, the approved details must be taken to include any amendments that have been approved in writing by the relevant planning authority or other person.

• (2) Any amendment to or variation from the approved details must be in accordance with the principles and assessments set out in the environmental statement.

SCHEDULE 2 — Streets subject to street works

(1)	(2)	(3)	(4)
Extent of works shown by 2 reference points on the streets and public rights of way plan	Description of street subject to works	Co-ordinate X	Co-ordinate Y
R01A to R01B	Allison Lane	515819	456888
R02A to R02B	Barbriggs Lane	514782	455729
R03A to R03B	Skipsea Road	513687	454370
R04A to R04B	Dunnington Lane	513680	452890
R05A to R05B	Beverley Road (A165)	513278	452611
R06A to R06B	Grange Road	512239	451339
R07A to R07B	Moortown Road	511373	449791
R08A to R08B	Frodingham Road	511297	449433
R09A to R09B	Mill Lane	509729	448810
R10A to R10B	New Road	508720	448215
R11A to R11B	A1035	507872	442158
R12A to R12B	Carr Lane	507139	439611
R13A to R13B	Hull Road (A1174)	505778	437662
R14A to R14B	Long Lane	505045	436825
R15A to R15B	A1079	503935	436011

SCHEDULE 3 — Streets to be temporarily stopped up

(1)	(2)	(3)	(4)
Extent of works shown by 2 reference points on the streets and public rights of way plan	Description of street to be temporarily stopped up	Co-ordinate X	Co-ordinate Y
R02A to R02B	Barbriggs Lane	514782	455729
R04A to R04B	Dunnington Lane	513680	452890
R07A to R07B	Moortown Road	511373	449791
R08A to R08B	Frodingham Road	511297	449433
R10A to R10B	New Road	508720	448215
R12A to R12B	Carr Lane	507139	439611
01a to 01b	Ulrome footpath no. 6	517038	458116
02a to 2b	Ulrome footpath no. 2	516449	457335
03a to 3b	Ulrome footpath no. 4	515639	456727
04a to 4b	Beeford footpath no. 6	513682	454413
05a to 5b	Brandesburton footpath no. 6	510774	449166
06a to 6b	Brandesburton footpath no. 15	509388	448668
07a to 7b	Leven footpath no. 4	508538	444983
08a to 8b	Tickton bridleway no. 5	507067	440975
09a to 9b	Tickton footpath no. 6	507121	440964
10a to 10b	Tickton footpath no. 7	507027	440416
11a to 11b	Tickton footpath no. 9	507135	438531
12a to 12b	Tickton footpath no. 12	506629	438217
13a to 13b	Beverley footpath no. 23	506580	438206
14a to 14b	Wilberforce Way	506342	438106
15a to 15b	Woodmansey footpath no. 4	504697	436214
19a to 19b	Skidby footpath no. 12	504526	435466
20a to 20b	Skidby footpath no. 12	504559	435252
21a to 21b	Skidby footpath no. 11	504556	435171
22a to 22b	Skidby footpath no. 11	504760	435073
23a to 23b	Skidby footpath no. 10	504704	434993

SCHEDULE 4 — Access to works

(1)	(2)	(3)	(4)
Reference shown on access to works plan	Description of street	Co-ordinate X	Co-ordinate Y
A	Allison Lane (north)	515858	456861
B	Allison Lane (east)	515910	456816
C	Allison Lane (west)	515766	456930
D	Skipsea Road	513701	454372
E	Dunnington Lane	513699	452889
F	Grange Road (north)	512289	451305
G	Grange Road (east)	512293	451297
H	Grange Road (west)	512186	451376
I	A1035 (east)	508335	442223
J	A1035 (west)	508050	442148
K	Hull Road (A 1174 east)	505863	437638
L	Hull Road (A 1174 west)	505455	437813
M	Long Lane	505074	436809
N	Park Lane (north)	504379	436976
O	A1079	504106	435938

SCHEDULE 5 — Land over which only new rights may be acquired

(1)	(2)
Plot reference number shown on land plan	Purpose for which rights over land may be acquired
1Bi, 1Bii, 4Bi, 4Bii, 4Biii, 16B, 19B, 21B, 23B, 29B, 32B, 34B, 36B, 41B, 49B, 56B, 58B, 60B, 62B, 64B, 66B, 72B, 74B, 76B, 83B, 84B, 85B, 90B, 88B, 98B, 99Bi, 99Bii, 100B, 101B, 102B, 103B, 104B, 109B, 117B, 120B, 121B	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 4
152	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 4
153, 154, 155, 156, 157B, 159, 161, 162	New right for the construction of a new connection bay within the National Grid substation containing isolation switchgear and electrical equipment for the connection of the export cable to the transmission network for the benefit of Bizco 4
1Ai, 1Aii, 2i, 4Ai, 16A, 19A, 21A, 23A, 29A, 32A, 34A, 36A, 41A, 49A, 56A, 58A, 60A, 62A, 64A, 66A, 72A, 74A, 76A, 83A, 84A, 85A, 88A, 90C, 98A, 99Ai, 99Aii, 100A, 101A, 102A, 103A, 104A, 109A, 117A, 120A, 121A	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 1
151, 157C	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 1
157A, 157E, 165i, 166, 167, 168, 169, 170	New right for the construction of a new connection bay within the National Grid substation containing isolation switchgear and electrical equipment for the connection of the export cable to the transmission network for the benefit of Bizco 1
13E, 14, 15, 39E, 40, 81E, 82, 86, 87E, 87F, 87G, 87H, 87I, 107E, 107F, 108, 112E, 113	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 1 and Bizco 4
137i, 137ii, 139, 140, 141, 142, 143, 144, 145	New right for— the inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cables for the transmission of electronic communications; the inspection, maintenance, renewal, repair and replacement of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications; and the inspection, maintenance, renewal, repair and replacement of the converter stations in each case for the benefit of Bizco 1 and Bizco 4
130	New right for the installation, inspection, maintenance, renewal, repair, replacement and use of 2 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 1 and Bizco 4
133, 134, 135, 137ii	New right for the installation, inspection, maintenance, renewal, repair and replacement of up to 3 export cables for the transmission of HVAC electricity, together with fibre-optic cables for the transmission of electronic communications for the benefit of Bizco 1 and Bizco 4
158, 160, 164, 165ii, 165iii, 172, 173, 174, 175	New right for the inspection, maintenance, renewal, repair and replacement of the new connection bay within the National Grid substation for the benefit of Bizco 1 and Bizco 4
138	New right for landscaping together with the inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cable for the transmission of electronic communications for the benefit of Bizco 1 and Bizco 4
112C	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cable for the transmission of electronic communications for the benefit of Bizco 1
157B	New right for the construction of a new connection bay within the National Grid substation containing isolation switchgear and electrical equipment for the connection of the export cable to the transmission network for the benefit of Bizco 1
13C, 39C, 81C, 87C, 90A, 107C	New right for the installation, inspection, maintenance, renewal, repair and replacement of 2 export cables for the transmission of HVDC electricity, together with fibre-optic cable for the transmission of electronic communications for the benefit of Bizco 4

SCHEDULE 6 — Modification of compensation and compulsory purchase enactments for creation of new rights

Compensation enactments modified

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with all necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply to compensation on the compulsory purchase of land and interests in land.

Land Compensation Act 1973 modified

2

• (1) Without limiting paragraph 1, the Land Compensation Act 1973⁴⁶ has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act—

• (a) for “land is acquired or taken”, substitute “a right over land is purchased from”;

• (b) for “acquired or taken from him”, substitute “over which the right is exercisable”.

Compulsory Purchase Act 1965 modified

3

Without limiting paragraph 1, the 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to,—

• (a) the right acquired or to be acquired; or

• (b) the land over which the right is or is to be exercisable.

SCHEDULE 7 — Land of which temporary possession may be taken

(1)	(2)	(3)	(4)
Location	Plot reference numbers shown on land plan	Purpose for which temporary possession may be taken	Relevant part of authorised development
Sheet 2 – land plan	Sheet 2 – land plan	Sheet 2 – land plan	Sheet 2 – land plan
In the administrative area of East Riding of Yorkshire Council	176	Access to work site	Work No. 6B
In the administrative area of East Riding of Yorkshire Council	177	Access to work site	Work No. 6A
In the administrative area of East Riding of Yorkshire Council	178	Work site and access	Work No. 6B
In the administrative area of East Riding of Yorkshire Council	179	Work site and access	Work No. 6A
Sheet 5 – land plan	Sheet 5 – land plan	Sheet 5 – land plan	Sheet 5 – land plan
In the administrative area of East Riding of Yorkshire Council	180	Work site and access	Work No. 6A
Sheet 6	Sheet 6	Sheet 6	Sheet 6
In the administrative area of East Riding of Yorkshire Council	181	Work site and access	Work No. 6B
Sheet 7	Sheet 7	Sheet 7	Sheet 7
In the administrative area of East Riding of Yorkshire Council	182	Access to work site	Work No. 6B
In the administrative area of East Riding of Yorkshire Council	183	Access to work site	Work No. 6A
In the administrative area of East Riding of Yorkshire Council	184	Work site and access	Work No. 6B
In the administrative area of East Riding of Yorkshire Council	185	Work site and access	Work No. 6A
Sheet 11	Sheet 11	Sheet 11	Sheet 11
In the administrative area of East Riding of Yorkshire Council	186	Work site and access	Work No. 6B
In the administrative area of East Riding of Yorkshire Council	187	Work site and access	Work No. 6A
Sheet 15	Sheet 15	Sheet 15	Sheet 15
In the administrative area of East Riding of Yorkshire Council	188	Work site and access	Works No. 6A and 6B
In the administrative area of East Riding of Yorkshire Council	189	Work site and access	Works No. 6A and 6B
Sheet 17	Sheet 17	Sheet 17	Sheet 17
In the administrative area of East Riding of Yorkshire Council	190	Work site and access	Work No. 6B
In the administrative area of East Riding of Yorkshire Council	191	Work site and access	Work No. 6A
Sheet 20	Sheet 20	Sheet 20	Sheet 20
In the administrative area of East Riding of Yorkshire Council	192	Work site and access	Work No. 6B
In the administrative area of East Riding of Yorkshire Council	193	Work site and access	Work No. 6A
Sheet 21	Sheet 21	Sheet 21	Sheet 21
In the administrative area of East Riding of Yorkshire Council	194	Work site and access	Work No. 7
In the administrative area of East Riding of Yorkshire Council	195	Work site and access	Work No. 7
Sheet 22	Sheet 22	Sheet 22	Sheet 22
In the administrative area of East Riding of Yorkshire Council	196	Work site and access	Work No. 8B
In the administrative area of East Riding of Yorkshire Council	197	Work site and access	Work No. 8A

SCHEDULE 8 — Marine Licence 1: Project A Offshore (Generation – Works No. 1A and 2T)

PART A — Licensed activities

Interpretation

1

• (1) In this licence—

• “2004 Act” means the Energy Act 2004;

• “2009 Act” means the Marine and Coastal Access Act 2009;

• “Annex 1 habitat” means a habitat set out in Annex 1 to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;

• “authorised deposits” means the substances and articles specified in paragraph 2(3);

• “authorised scheme” means Works No. 1A and 2T described in paragraph 2 or any part or phase of those works;

• “cable crossings” means the crossing of existing subsea cables and pipelines by the inter-array, interconnecting or export cables authorised by the Order together with physical protection measures including cable protection;

• “cable protection” means any measures to protect cables and prevent loss of seabed sediment, for example by the use of grout bags, protective aprons, mattresses, flow energy dissipation devices or rock and gravel burial;

• “combined platform” means a single offshore platform combining 2 or more of the following—an offshore collector platform;an offshore converter platform;an offshore accommodation or helicopter platform;

• “commence” means the first carrying out of any part of the licensed activities except for pre-construction surveys and monitoring; and “commencement” must be construed accordingly;

• “commercial operation” means the exporting, on a commercial basis, of electricity from the wind turbine generators comprised within the authorised scheme;

• “Condition” means a condition in Part B;

• “draft fisheries liaison plan” means the document certified as the draft fisheries liaison plan by the Secretary of State for the purposes of the Order;

• “enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of the 2009 Act;

• “environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order and submitted with the application together with any supplementary or further environmental information submitted in support of the application;

• “gravity base foundation” means a foundation type that rests on the seabed and supports the wind turbine generator, meteorological station or offshore platform primarily due to its own weight and that of added ballast, with or without skirts or other additional fixings, which may include associated equipment including J-tubes and access platforms and separate topside connection structures or an integrated transition piece. (Sub-types for wind turbine generators and meteorological stations include conical gravity base and flat-based gravity base foundations. Sub-types for platforms include offshore platform conical or flat-base gravity base foundations and offshore platform semi-submersible gravity base foundations);

• “HAT” means highest astronomical tide;

• “HVDC” means high voltage direct current;

• “In Principle Monitoring Plan” means the document certified as the In Principle Monitoring Plan by the Secretary of State for the purposes of the Order;

• “Kingfisher Fortnightly Bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO;

• “licensed activities” means the activities specified in this Part;

• “maintain” includes inspect, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works in Part 2 of Schedule 1 (ancillary works) to the Order and any component part of any wind turbine generator, offshore platform, meteorological station, electricity or communication cable described in Part 1 of that Schedule (authorised development) (but not including the removal or replacement of foundations) to the extent outlined within the post-construction maintenance plan; and “maintenance” must be construed accordingly;

• “MCA” means the Maritime and Coastguard Agency;

• “meteorological mast” or “meteorological station” means a fixed or floating structure housing or incorporating equipment to measure wind speed and other meteorological and oceanographic characteristics, including a topside which may house electrical switchgear and communication equipment and associated equipment, and marking and lighting;

• “MHWS” (mean high water springs) means the highest level which spring tides reach on average over a period of time;

• “MMO” means the Marine Management Organisation;

• “monopole foundation” means foundation options based around a single vertical pillar structure driven, drilled, or embedded into the seabed by means such as suction or gravity. This main support structure may change in diameter via tapers and abrupt steps. (Sub-types for wind turbine generators and meteorological stations include monopole with steel monopile footing, monopole with concrete monopile footing and monopole with a single suction-installed bucket footing);

• “multi-leg foundation” means foundation options based around structures with several legs or footings. This includes jackets, tripods, and other structures which include multiple large tubulars, cross-bracing, or lattices. Multi-leg foundations may be fixed to the seabed by footings which are driven, drilled, screwed, jacked-up or embedded into the seabed by means such as suction or gravity. (Sub-types for wind turbine generators and meteorological stations include multi-legs with driven piles, drilled piles, screw piles, suction buckets and jack-up foundations. Sub-types for platforms include offshore platform jacket foundations (potentially using driven piles, suction buckets or screw piles) and offshore platform jack-up foundations);

• “notice to mariners” includes any notice to mariners which may be issued by the Admiralty, Trinity House, Queen’s harbourmasters, government departments and harbour and pilotage authorities;

• “offshore accommodation or helicopter platform” means a platform (either singly or as part of a combined platform) housing or incorporating some or all of the following: accommodation for staff during the construction, operation and decommissioning of the authorised scheme, landing facilities for vessels and helicopters, re-fuelling facilities, communication and control systems, electrical systems such as metering and control systems, J-tubes, small- and large- scale electrical power systems, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

• “offshore collector platform” means a platform (either singly or as part of a combined platform) housing or incorporating electrical switchgear or electrical transformers, electrical systems such as metering and control systems, J-tubes, landing facilities for vessels and helicopters, re-fuelling facilities, accommodation for staff during the construction, operation and decommissioning of the authorised scheme, communication and control systems, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

• “offshore converter platform” means a platform (either singly or as part of a combined platform) housing or incorporating HVDC electrical switchgear or electrical transformers and other equipment to enable HVDC transmission to be used to convey the power output of the multiple wind turbine generators to shore including electrical systems such as metering and control systems, J-tubes, landing facilities for vessels and helicopters, re-fuelling facilities, accommodation for staff during the construction, operation and decommissioning of the authorised scheme, communication and control systems, auxiliary and uninterruptible power supplies, large-scale energy storage systems, standby electricity generation equipment, cranes, storage for waste and consumables including fuel, marking and lighting and other associated equipment and facilities;

• “offshore Order limits plan” means the plans certified as the offshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;

• “offshore platform” means any of the following—an offshore accommodation or helicopter platform;an offshore collector platform;an offshore converter platform;a combined platform;

• “onshore Order limits plan” means the plans certified as the onshore Order limits and grid co-ordinates plan by the Secretary of State for the purposes of the Order;

• “Order” means the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015;

• “Order limits” means the limits shown on the offshore and onshore Order limits plans;

• “outline maintenance plan” means the document certified as the outline maintenance plan by the Secretary of State for the purposes of the Order;

• “scour protection” means protection against foundation scour and subsea damage, for example from trawling, through reinforcement measures and measures to prevent loss of seabed sediment around foundation bases. These measures include the use of bagged solutions filled with grout or other materials, protective aprons, mattresses, flow energy dissipation devices and rock and gravel burial;

• “undertaker” means Doggerbank Project 1 Bizco Limited (company number 7791991) whose registered office is 55 Vastern Road, Reading, Berkshire RG1 8BU;

• “vessel” means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water;

• “wind turbine generator” means a structure comprising a tower, a rotor with 3 blades connected at the hub, a nacelle and ancillary electrical and other equipment which may include J-tubes, transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter transfer facilities and other associated equipment, fixed to a foundation.

• (2) In this licence, a reference to any statute, order, regulation or similar instrument is a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

• (3) In this licence, unless otherwise indicated,—

• (a) all times are Greenwich Mean Time (GMT);

• (b) all co-ordinates are latitude and longitude decimal degrees to 6 decimal places. The datum system used is WGS84.

• (4) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below, and the address for returns and correspondence, is—

• (a) Marine Management Organisation

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle-upon-Tyne NE4 7YH

Email: marine.consents@marinemanagement.org.uk

Tel: 0300 123 1032;

• (b) Trinity House

Tower Hill

London EC3N 4DH

Tel: 020 7481 6900;

• (c) United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset TA1 2DN

Tel: 01823 337 900;

• (d) Maritime and Coastguard Agency

Navigation Safety Branch

Bay 2/04

Spring Place

105 Commercial Road

Southampton SO15 1EG

Tel: 023 8032 9191;

• (e) Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk NR33 0HT

Tel: 01502 562 244;

• (f) Natural England

Foundry House

3 Millsands

Riverside Exchange

Sheffield S3 8NH

Tel: 0300 060 4911;

• (g) JNCC

Inverdee House

Baxter Street

Aberdeen AB11 9QA

Tel: 01224 266 550;

• (h) English Heritage

Eastgate Court

195-205 High Street

Guildford GU1 3EH

Tel: 01483 252 057.

• (5) For information only, the details of the local MMO office to the authorised scheme is—

Details of licensed activities

2

• (1) This licence authorises the undertaker (and any agent or contractor acting on its behalf) to carry out the following licensable marine activities under Part 4 of the 2009 Act, subject to the Conditions—

• (a) the deposit at sea of the substances and articles specified in sub-paragraph (3);

• (b) the construction of works in or over the sea or on or under the sea bed including the removal, reconstruction or alteration of the position of subsea cables and pipelines;

• (c) the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation.

• (2) Subject to sub-paragraph (7), such activities are authorised in relation to the construction, maintenance and operation of—

• Work No. 1A—an offshore wind turbine generating station with a gross electrical output capacity of up to 1.2 gigawatts comprising up to 200 wind turbine generators each fixed to the seabed by monopole, multi-leg or gravity base type foundations situated within the co-ordinates of the array area specified in Table 1A;Table 1A - Co-ordinates of array areaPointLatitude (decimal degrees)Longitude (decimal degrees)CBA-154.8352411.633573CBA-254.8384122.174407CBA-354.8087002.227327CBA-454.6592861.976949CBA-554.7416851.632884up to 7 offshore platforms comprising the following—up to 4 offshore collector platforms situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations;1 offshore converter platform situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations; andup to 2 offshore accommodation or helicopter platforms situated within the co-ordinates of the array area specified in Table 1A and being fixed to the seabed by multi-leg or gravity base type foundations,provided that any of the platforms comprised in Work No. 1A(b)(i) to (iii) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations;up to 5 meteorological stations situated within the co-ordinates of the array area specified in Table 1A either fixed to the seabed by monopole, multi-leg or gravity base type foundations or utilising a floating support structure anchored to the seabed; anda network of cables for the transmission of electricity and electronic communications laid on or beneath the seabed including cable crossings between—any of the wind turbine generators comprising Work No. 1A(a);any of the wind turbine generators comprising Work No. 1A(a) and any of the works comprising Work No. 1A(b) or (c); andany of the works comprising Work No. 1A(b) and any of the works comprising Work No. 1A(c); andthe offshore converter platform comprising Work No. 1A(b)(ii) or the combined platforms referred to in Work No. 1A(b) and the export cable route in Work No. 2A (as defined in the Order);

• Work No. 2T – a temporary work area for vessels to carry out intrusive activities during construction, including vessels requiring anchor spreads alongside the cable corridors; and

• Ancillary works in connection to the above-mentioned works comprising—temporary landing places, moorings or other means of accommodating vessels in the construction or maintenance of the authorised scheme;temporary or permanent buoys, beacons, fenders and other navigational warning or ship impact protection works;temporary works for the protection of land or structures affected by the authorised scheme;cable protection, scour protection or dredging; andcable route preparation works including boulder removal and obstruction clearance, dredging and pre-sweeping.

• (3) The substances or articles authorised for deposit at sea are—

• (a) iron, steel and aluminium;

• (b) stone and rock;

• (c) concrete and grout;

• (d) sand and gravel;

• (e) plastic and synthetic;

• (f) material extracted from within the offshore Order limits during construction drilling and seabed preparation for foundation works and cable sandwave preparation works; and

• (g) marine coatings, other chemicals and timber.

• (4) Subject to the Conditions, this licence authorises the disposal of up to 1,107,411 cubic metres of material of natural origin within Work No. 1A produced during construction drilling and seabed preparation for foundation works and cable sandwave preparation works.

• (5) The undertaker must inform the MMO of the location and quantities of material disposed of each month pursuant to sub-paragraph (4) by submission of a disposal return by 31st January each year for the months August to January inclusive, and by 31st July each year for the months February to July inclusive.

• (6) This licence does not permit the decommissioning of the authorised scheme. No decommissioning activity must commence until a decommissioning programme has been approved by the Secretary of State under section 106 of the 2004 Act. Furthermore, at least 4 months before carrying out any such works, the undertaker must notify the MMO of the proposed decommissioning activity to establish whether a marine licence is required for such works.

• (7) This licence and Marine Licence 3 (as defined in the Order), when taken together, do not authorise the construction of more than 1 Work No. 1A or the construction of Work No. 1A in excess of the maximum parameters for that Work set out in Schedule 1 to the Order.

PART B — Conditions

Detailed offshore design parameters

3

• (1) Subject to sub-paragraph (2), no wind turbine generator forming part of the authorised scheme must—

• (a) exceed a height of 315 metres when measured from HAT to the tip of the vertical blade;

• (b) exceed a rotor diameter of 215 metres;

• (c) be less than a multiple of 6 times the rotor diameter from the nearest wind turbine generator in any direction being not less than 700 metres measured between turbines; or

• (d) have a distance of less than 26 metres between the lowest point of the rotating blade of the wind turbine generator and the level of the sea at HAT.

• (2) The wind turbine generators comprised in Work No. 1A must be of such a size that if they were installed to the maximum permitted gross generating capacity specified for that work the total rotor-swept area would not exceed 4.35 square kilometres.

• (3) Wind turbine generator and meteorological mast foundation structures forming part of the authorised scheme must be 1 of the following foundation options: monopole, multi-leg or gravity base.

• (4) No wind turbine generator or meteorological mast foundation structure employing a footing of driven piles forming part of the authorised scheme must—

• (a) have more than 6 driven piles;

• (b) in the case of single pile structures, have a pile diameter of greater than 10 metres and employ a hammer energy during installation of greater than 3,000 kilojoules; or

• (c) in the case of 2 or more pile structures, have a pile diameter of greater than 3.5 metres or employ a hammer energy during installation of greater than 2,300 kilojoules.

• (5) The foundations for wind turbine generators must be in accordance with the wave reflection coefficient values as set out at Fig 3.16 within Chapter 5 and Appendix 5.B of the environmental statement.

• (6) No wind turbine generator foundation must have a seabed footprint area of subsea scour protection (excluding foundation footprint) of more than 3,777 square metres.

• (7) The foundations for wind turbine generators and meteorological stations must not exceed the dimensions set out below—

Foundation type (monopole, multi-leg or gravity base foundations)	Maximum width of main supporting structure in metres	Maximum seabed footprint area per foundation (excluding scour protection) in square metres
Wind turbine generator and meteorological station foundation	61	2,376

• (8) The total seabed footprint area of subsea scour protection for wind turbine generator foundations (excluding foundation footprint) must not exceed 0.7554 square kilometres within Work No. 1A.

• (9) The volume of subsea scour protection material for wind turbine generator foundations within Work No. 1A must not exceed 1,084,800 cubic metres.

• (10) The total cable protection for HVAC inter-array cables (excluding cable crossing) must not exceed an area of 0.5557 square kilometres or a volume of 217,850 cubic metres within Work No. 1A.

• (11) References to the location of a wind turbine generator are references to the centroid point at the base of the turbine.

• (12) No lattice tower forming part of a meteorological station must exceed a height of 315 metres above HAT.

• (13) The length of HVAC cables comprising Work No. 1A must not exceed 950 kilometres.

4

• (1) The total number of offshore platforms forming part of the authorised scheme must not exceed 7 comprising—

• (a) up to 4 offshore collector platforms;

• (b) up to 1 offshore converter platform;

• (c) up to 2 offshore accommodation or helicopter platforms,

provided that any of the platforms comprised in paragraphs (a) to (c) may be co-joined to create a combined platform fixed to the seabed by multi-leg or gravity base type foundations.

• (2) The dimensions of any offshore collector platforms forming part of the authorised scheme (excluding towers, helicopter landing pads, masts and cranes) must not exceed 75 metres in length, 75 metres in width and 85 metres in height above HAT.

• (3) The dimensions of any offshore converter platform forming part of the authorised scheme (excluding towers, helicopter landing pads, masts and cranes) must not exceed 125 metres in length, 100 metres in width and 105 metres in height above HAT.

• (4) The dimensions of any offshore accommodation or helicopter platforms forming part of the authorised scheme (excluding towers, helicopter landing pads, masts and cranes) must not exceed 125 metres in length, 100 metres in width and 105 metres in height above HAT.

• (5) The dimensions of any combined platform forming part of the authorised scheme (excluding towers, helicopter landing pads, masts and cranes) must not exceed the total footprint of the individual platforms incorporated within it.

• (6) Offshore platform foundation structures forming part of the authorised scheme must be 1 of the following foundation options: gravity base or multi-leg.

• (7) No offshore platform foundation structure employing a footing of driven piles forming part of the authorised scheme must—

• (a) have more than 24 driven piles;

• (b) have a pile diameter of greater than 2.744 metres or employ a hammer energy during installation of greater than 1,900 kilojoules.

• (8) No offshore platform foundation must have a seabed footprint area of subsea scour protection (excluding foundation footprint) of more than 8,742 square metres.

• (9) The foundations for offshore platforms must not exceed the dimensions set out below—

Foundation type	Offshore collector platform (multi-leg or gravity base foundation)	Offshore converter platform (multi-leg or gravity base foundation)	Offshore accommodation or helicopter platform (multi-leg or gravity base foundation)
Maximum seabed footprint area per foundation (excluding scour protection) in square metres	5,625	12,500	12,500

• (10) The number of vessels actively carrying out impact piling as part of the installation of driven pile foundations for the authorised scheme must at no time exceed 2 within Work No. 1A.

Layout rules

5

• (1) The positions of wind turbine generators and offshore platforms must be arrayed in accordance with parameters applicable to Work No. 1A specified in Condition 3 and the principles within section 5.2 of Chapter 5 of the environmental statement.

• (2) No construction of any wind turbine generator or offshore platform forming part of the authorised scheme must commence until the MMO, in consultation with the MCA, has approved their general layout arrangements. These layout arrangements must specify the physical point of connection between generation and transmission assets for Project A (as defined in the Order).

• (3) The construction of the wind turbine generators and offshore platforms must be carried out as approved.

Notifications and inspections

6

• (1) The undertaker must ensure that—

• (a) before any licensed activities are carried out under this licence, the undertaker informs the MMO of—

• (i) the name of the person undertaking the licensed activities;

• (ii) the works being undertaken pursuant to this licence comprising those works necessary up to the point of connection with the transmission assets;

• (iii) the maximum total area and volume for any cable protection for HVAC inter-array cables and HVAC inter-platform cables to be constructed within the array area pursuant to this licence; and

• (iv) the maximum total area and volume for any cable protection to be constructed within the array area pursuant to this licence;

• (b) any works notified under this Condition when combined with any works notified under Condition 6 of Marine Licence 2 (as defined in the Order) and Condition 5 of Marine Licences 3 and 4 (as defined in the Order) do not exceed the maximum parameters set out in Schedule 1 to the Order;

• (c) a copy of this licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to—

• (i) all agents and contractors notified to the MMO in accordance with Condition 12; and

• (ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with Condition 12; and

• (d) within 28 days of receipt of a copy of this licence, the persons referred to in paragraph (c) provide a completed confirmation form to the MMO confirming that they have read and will comply with the terms of this licence.

• (2) Only the persons and vessels notified to the MMO in accordance with Condition 12 are permitted to carry out the licensed activities.

• (3) Copies of this licence must also be available for inspection at the following locations—

• (a) the undertaker’s registered address;

• (b) any site office located at or adjacent to the construction site and used by the undertaker or its agents and contractors responsible for the loading, transportation or deposit of the authorised deposits; and

• (c) on board each vessel or at the office of any transport manager with responsibility for vessels from which authorised deposits are to be made.

• (4) The documents referred to in sub-paragraph (1)(c) must be available for inspection by an enforcement officer at all reasonable times at the locations set out in sub-paragraph (3)(b).

• (5) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised scheme.

• (6) The undertaker must inform the MMO Coastal Office in writing at least 5 working days before commencement of the licensed activities or any phase of them.

• (7) Before commencement of the licensed activities or any phase of them, the undertaker must publish in the Kingfisher Fortnightly Bulletin details of the vessel routes, timings and locations relating to the construction of the authorised scheme or relevant phase.

• (8) The undertaker must ensure that a notice to mariners is issued at least 10 working days before commencement of the licensed activities or any phase of them advising of the commencement date of Work No. 1A and the expected vessel routes from the local construction ports to the relevant locations.

• (9) The undertaker must ensure that the notices to mariners are updated and reissued at weekly intervals during construction activities and within 5 days of any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under Condition 9(b). Copies of all notices must be provided to the MMO.

• (10) The undertaker must notify—

• (a) the United Kingdom Hydrographic Office at least 2 weeks before commencement, and no later than 2 weeks following completion, of the authorised scheme in order that all necessary amendments to nautical charts are made; and

• (b) the MMO, MCA and Trinity House once the authorised scheme is completed and any required lighting or marking has been established.

Chemicals, drilling and debris

7

• (1) All chemicals used in the construction of the authorised scheme, including any chemical agents placed within any monopile or other foundation structure void, must be selected from the list of notified chemicals approved for use by the offshore oil and gas industry under the Offshore Chemicals Regulations 2002⁴⁷.

• (2) The undertaker must ensure that any coatings and treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive or the Environment Agency pollution prevention control guidelines. Any spillages must be reported to the MMO marine pollution response team within the timeframes specified in the marine pollution contingency plan.

• (3) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers.

• (4) Where foundation drilling works are proposed, in the event that any system other than water-based mud is proposed, the MMO’s written approval in relation to the proposed disposal of any arisings must be obtained before the drilling commences, which may also require a marine licence.

• (5) The undertaker must ensure that any debris arising from the construction of the authorised scheme or temporary works placed seaward of MHWS is removed on completion of the authorised scheme.

• (6) At least 10 days before commencement of the licensed activities, the undertaker must submit to the MMO an audit sheet covering all aspects of the construction of the licensed activities or any phase of them. The audit sheet must include details of—

• (a) loading facilities;

• (b) vessels;

• (c) equipment;

• (d) shipment routes;

• (e) transport;

• (f) working schedules; and

• (g) all components and materials to be used in the construction of the authorised scheme.

• (7) The audit sheet must be maintained throughout the construction of the authorised scheme (or relevant phase) and must be submitted to the MMO for review at fortnightly intervals.

• (8) In the event that the MMO becomes aware that any of the materials on the audit sheet cannot be accounted for, it must require the undertaker to carry out a side-scan sonar survey to plot all obstructions across a reasonable area of search agreed with the MMO where construction works and related activities have been carried out. Representatives of the Holderness Fishing Industry Group must be invited to send a representative to be present during the survey. Any obstructions that the MMO believes to be associated with the authorised scheme must be removed at the undertaker’s expense.

Force majeure

8

If, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit the authorised deposits otherwise than in accordance with Condition 10(2) because the safety of human life or the vessel is threatened—

• (a) within 48 hours full details of the circumstances of the deposit must be notified to the MMO; and

• (b) at the written request of the MMO, the unauthorised deposits must be removed at the expense of the undertaker.

Pre-construction plans and documentation

9

The licensed activities or any phase of those activities must not commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO—

• (a) a plan to be agreed in writing with the MMO following consultation with Trinity House and the MCA which shows—

• (i) the number, specifications and dimensions of the wind turbine generators;

• (ii) the proposed location, including grid co-ordinates and choice of foundation types for all wind turbine generators, offshore platforms and meteorological stations;

• (iii) the dimensions of all monopole, multi-leg and gravity base foundations, if used; and

• (iv) the proposed layout of HVAC cables,

to ensure conformity with the description of Work No. 1A and compliance with Conditions 3 to 5;

• (b) a detailed construction and monitoring programme to include details of—

• (i) the proposed construction commencement date;

• (ii) proposed timings for mobilisation of plant, delivery of materials and installation works; and

• (iii) proposed pre-construction surveys, a proposed format and content for a baseline report, construction monitoring, post-construction monitoring and related reporting in accordance with Conditions 14, 15 and 16. The pre-construction survey programme and all pre-construction survey methodologies must be submitted to the MMO for written approval at least 4 months before commencement of any survey works detailed within;

• (c) a construction method statement in accordance with the construction methods assessed in the environmental statement to include details of—

• (i) drilling methods and disposal of drill arisings;

• (ii) turbine, meteorological mast and platform location and installation, including scour protection and foundations;

• (iii) cable installation;

• (iv) impact piling including soft start procedures;

• (v) the source of rock material used in construction and method to minimise contaminants and fines;

• (vi) contractors;

• (vii) vessels; and

• (viii) associated works;

• (d) a project environmental management and monitoring plan to include details of—

• (i) a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised scheme in relation to all activities carried out;

• (ii) a chemical risk assessment to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;

• (iii) waste management and disposal arrangements including arrangements to ensure no waste concrete slurry or wash water from concrete or cement work is discharged;

• (iv) the fisheries liaison officer appointed by the undertaker (to be notified to the District Marine Officer for the MMO’s Northern District). Evidence of liaison must be collated so that signatures of attendance at meetings, agenda and minutes of meetings with the fishing industry can be provided to the MMO if requested; and

• (v) a fisheries liaison plan in accordance with the draft fisheries liaison plan to include information on liaison with the fishing industry (including by the fisheries liaison officer referred to in sub-paragraph (iv)) and a co-existence plan;

• (e) a marine mammal mitigation protocol, the intention of which is to prevent, amongst other things, injury to marine mammals, primarily auditory injury within the vicinity of any piling, and appropriate monitoring surveys in accordance with the In Principle Monitoring Plan, to be agreed in writing with the MMO in consultation with the relevant statutory nature conservation body;

• (f) a cable specification and installation plan following consultation with the relevant statutory nature conservation body, to include—

• (i) technical specification of offshore cables, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable burial depth in accordance with industry good practice;

• (ii) a staged cable-laying plan for the Order limits, incorporating a burial risk assessment to ascertain suitable burial depths and cable-laying techniques;

• (iii) a scour protection management and cable protection plan providing details of the need, type, sources, quality and installation methods for scour protection and cable protection; and

• (iv) details of the methodology and extent of a post-lay survey, to confirm burial depths; and

• (g) a written scheme of archaeological investigation in relation to offshore areas within the Order limits in accordance with Chapter 18 Appendix B of the environmental statement, industry good practice and after discussions with English Heritage to include—

• (i) details of the responsibilities of the undertaker, archaeological consultant and contractor;

• (ii) a methodology for any further site investigation including any specifications for geophysical, geotechnical and diver- or remotely-operated vehicle investigations;

• (iii) within 3 months of any survey being completed, a timetable to be submitted to the MMO setting out the timeframe for the analysis and reporting of survey data;

• (iv) delivery of any mitigation including, where necessary, archaeological exclusion zones;

• (v) monitoring during and post-construction, including a conservation programme for finds;

• (vi) archiving of archaeological material including ensuring that a copy of any agreed archaeological report is deposited with the English Heritage archive by submitting an English Heritage OASIS form with a digital copy of the report; and

• (vii) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised scheme.

10

• (1) Each programme, statement, plan, protocol, scheme or details required to be approved under Condition 9, and the arrangements required to be approved under Condition 5, must be submitted for approval at least 4 months before the intended commencement of construction, except where otherwise stated or unless otherwise agreed in writing by the MMO.

• (2) The licensed activities must be carried out in accordance with the programme, statement, plan, protocol scheme or details approved under Condition 9.

Offshore safety management

11

• (1) Offshore works must not commence until the MMO, in consultation with the MCA, has given written approval for an Emergency Response and Co-operation Plan (“ERCoP”) which includes full details of the ERCoP for the construction, operation and decommissioning phases of the authorised scheme in accordance with the MCA recommendations contained within MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues”. The ERCoP must include the identification of a point of contact for emergency response.

• (2) The ERCoP must be implemented as approved.

• (3) No authorised development seaward of MHWS must commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised scheme contained within MGN371 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes.

Reporting of engaged agents, contractors and vessels

12

• (1) The undertaker must provide the name and function of any agent or contractor appointed to engage in the licensed activities to the MMO at least 2 weeks before the intended commencement of construction.

• (2) Each week during the construction of the authorised scheme a completed Hydrographic Note H102 must be provided to the MMO listing the vessels currently and to be used in relation to the licensed activities.

• (3) Any changes to the supplied details must be notified to the MMO in writing before the agent, contractor or vessel engages in the licensed activities.

Equipment and operation of vessels engaged in licensed activities

13

• (1) All vessels employed to perform the licensed activities must be constructed and equipped to be capable of the proper performance of such activities in accordance with the Conditions and (except in the case of remotely-operated vehicles or vessels) must comply with sub-paragraphs (2) to (6).

• (2) All motor powered vessels must be fitted with—

• (a) an electronic positioning aid to provide navigational data;

• (b) radar;

• (c) an echo-sounder; and

• (d) multi-channel VHF.

• (3) No radio beacon or radar beacon operating on the marine frequency bands must be installed or used without the prior written approval of the Secretary of State.

• (4) All vessels’ names or identification must be clearly marked on the hull or superstructure.

• (5) All communication on VHF working frequencies must be in English.

• (6) No vessel must engage in the licensed activities until all the equipment specified in sub-paragraph (2) is fully operational.

Pre-construction monitoring

14

• (1) The undertaker must, in discharging Condition 9(b), submit details for written approval by the MMO of proposed pre-construction surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report. The survey proposals must be in accordance with the principles set out in the In Principle Monitoring Plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position or will enable the validation or otherwise of key predictions in the environmental statement. The baseline report proposals must ensure that the outcome of the agreed surveys together with existing data and reports are drawn together to present a valid statement of the pre-construction position, with any limitations, and must make clear what post-construction comparison is intended and the justification for this being required.

• (2) Subject to receipt from the undertaker of specific proposals pursuant to this Condition, where appropriate and necessary it is expected that the pre-construction surveys will comprise—

• (a) an appropriate survey to determine the location and reasonable extent of any benthic habitats of conservation, ecological or economic importance (including Annex 1 habitats) in whole or in part inside the areas within the Order limits in which it is proposed to carry out construction works;

• (b) appropriate high-resolution bathymetric surveys undertaken to International Hydrographic Organisation Order 1A standard and side-scan surveys of the areas within the Order limits in which it is proposed to carry out construction works, including a 500-metre buffer area around the site of each work. This must include the identification of sites of historic or archaeological interest (A1 and A3 receptors) and any unidentified anomalies larger than 5 metres in diameter (A2 receptors), which may require the refinement, removal or introduction of archaeological exclusion zones and to confirm project-specific micro-siting requirements (for A2 receptors);

• (c) appropriate surveys of existing ornithological activity inside the areas within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, which are required to validate predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme; and

• (d) appropriate surveys of sand eel within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, which are required to validate predictions in the environmental statement.

• (3) The undertaker must carry out and complete the surveys to be undertaken under sub-paragraph (1) in a timescale which must be agreed with the MMO.

Construction monitoring

15

• (1) The undertaker must, in discharging Condition 9(b), submit details for approval by the MMO of any proposed surveys or monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme.

• (2) The details of the construction monitoring must be submitted at least 4 months before commencement of any survey works and provide the agreed reports in the agreed format in accordance with the agreed timetable. The survey proposals must be in accordance with the principles set out in the In Principle Monitoring Plan and must specify each survey’s objectives. The construction surveys must comprise—

• (a) where driven or part-driven pile foundations (for each specific foundation type) are proposed to be used, measurements of noise generated by the installation of 1 pile from each of the first 4 structures with piled foundations, following which the MMO must determine whether further noise monitoring is required. The results of the initial noise measurements must be provided to the MMO within 6 weeks of the installation of the first relevant foundation piece. The assessment of this report by the MMO must determine whether any further noise monitoring is required;

• (b) vessel traffic monitoring by Automatic Identification System, including the provision of reports on the results of that monitoring periodically as requested by the MMO; and

• (c) appropriate surveys of ornithological activity inside the areas within the Order limits in which it is proposed to carry out construction works, and any wider areas where appropriate, dependent on the outcomes of the pre-construction surveys, as agreed with the MMO in consultation with the relevant statutory nature conservation body.

Post-construction surveys

16

• (1) The undertaker must, in discharging Condition 9(b), submit details for written approval by the MMO of the post-construction surveys proposed in sub-paragraph (2), including methodologies and timings, and a proposed format, content and timings for providing reports on the results at least 4 months before commencement of any survey works detailed within. The survey proposals must be in accordance with the principles set out in the In Principle Monitoring Plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position or will enable the validation or otherwise of key predictions in the environmental statement.

• (2) Subject to receipt of specific proposals, it is expected that the post-construction surveys will comprise—

• (a) appropriate surveys of ornithological activity inside the areas within the Order limits in which construction works were carried out, and any wider areas where appropriate, which are required to validate predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme;

• (b) appropriate high-resolution bathymetric surveys undertaken to International Hydrographic Organisation Order 1A standard and side-scan sonar surveys around a sample of infrastructure locations that are considered appropriate to assess any changes in seabed topography. For this purpose, the undertaker must before the first such survey submit a desk-based assessment (which takes account of all factors which influence scour) to identify the sample of infrastructure locations that are considered appropriate with greatest potential for scour. The survey will be used to validate the desk-based assessment. Further surveys may be required if there are significant differences between the modelled scour and recorded scour;

• (c) appropriate surveys of sand eel within the Order limits in which construction works were carried out, and any wider areas where appropriate;

• (d) dependent on the outcome of the surveys undertaken under Condition 14(2)(a), appropriate surveys to determine the effects of construction activity on any benthic habitats of conservation, ecological or economic importance (including Annex 1 habitats) in whole or in part inside the areas within the Order limits to validate predictions made in the environmental statement;

• (e) vessel traffic monitoring by Automatic Identification System totalling a maximum of 28 days taking account of seasonal variations in traffic patterns over 1 year, following the commencement of commercial operation. A report must be submitted to the MMO and the MCA following the end of the monitoring; and

• (f) appropriate surveys to determine change in size and form of the drill disposal mounds over the lifetime of the authorised scheme.

• (3) The undertaker must carry out the surveys under sub-paragraph (1) and provide the reports in the agreed format in accordance with the timetable as agreed in writing with the MMO following consultation with the relevant statutory nature conservation body.

Post-construction maintenance plan

17

• (1) A post-construction maintenance plan must be submitted for written approval by the MMO at least 4 months before the licensed activities are commissioned, based on the maintenance in the outline maintenance plan.

• (2) An update to the post-construction maintenance plan must be submitted for approval every 3 years, or sooner in the event of any proposed major revision to planned maintenance activities or the adoption of any new technologies or techniques applicable to programmed maintenance.

• (3) Maintenance must be carried out as approved.

Aids to navigation

18