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The Morecambe Offshore Windfarm Generation Assets Order 2025

Type Statutory-Instrument

Publication 2025-12-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(c) the form and content of a joint report will be as directed by the arbitrator and must be provided at least five days before the hearing.

(7) Within ten days of a hearing or a decision by the arbitrator that no hearing is to be held the parties may by way of exchange provide the arbitrator with a final submission in connection with the matters in dispute and any submissions on costs. The arbitrator will take these submissions into account in the award.

(8) The arbitrator may make other directions or rulings as considered appropriate in order to ensure that the parties comply with the timetable and procedures to achieve an award on the substantive difference within four months of the date on which they are appointed, unless both parties otherwise agree to an extension to the date for the award.

(9) If a party fails to comply with the timetable, procedure or any other direction then the arbitrator may continue in the absence of a party or submission or document and may make a decision on the information before them attaching the appropriate weight to any evidence submitted beyond any timetable or in breach of any procedure or direction.

(10) The arbitrator’s award must include reasons. The parties will accept that the extent to which reasons are given is to be proportionate to the issues in dispute and the time available to the arbitrator to deliver the award.

Arbitrator’s powers

5

(1) The arbitrator has all the powers of the Arbitration Act 1996²⁶, including the non- mandatory sections, save where modified by these rules.

(2) There will be no discovery or disclosure, except that the arbitrator has the power to order the parties to produce such documents as are reasonably requested by another party no later than the statement of reply, or by the arbitrator, where the documents are manifestly relevant, specifically identified and the burden of production is not excessive. Any application and orders should be made by way of a Redfern Schedule without any hearing.

(3) Any time limits fixed in accordance with this procedure or by the arbitrator may be varied by agreement between the parties, subject to any such variation being acceptable to and approved by the arbitrator. In the absence of agreement, the arbitrator may vary the timescales or procedure, or both—

(a) if the arbitrator is satisfied that a variation of any fixed time limit is reasonably necessary to avoid a breach of the rules of natural justice and then;

(b) only for such period that is necessary to achieve fairness between the parties.

(4) On the date the award is made, the arbitrator will notify the parties that the award is completed, signed and dated, and that it will be issued to the parties on receipt of cleared funds for the arbitrator’s fees and expenses.

Costs

6

(1) The costs of the arbitration will include the fees and expenses of the arbitrator, the reasonable fees and expenses of any experts and the reasonable legal and other costs incurred by the parties for the arbitration.

(2) Subject to sub-paragraph (3), the arbitrator will award recoverable costs on the general principle that each party should bear its own costs.

(3) The arbitrator may depart from the general principle in sub-paragraph (2) and make such other costs award as it considers reasonable where a party has behaved unreasonably as defined within the National Planning Practice Guidance or such other guidance as may replace it.

Confidentiality

7

(1) Subject to sub-paragraphs (2) and (3), any arbitration hearing and documentation is to be open to and accessible by the public.

(2) The arbitrator may direct that the whole or part of a hearing is to be private or any documentation to be confidential where it is necessary in order to protect commercially sensitive information.

(3) Nothing in this paragraph prevents any disclosure of a document by a party pursuant to an order of a court in England and Wales or where disclosure is required under any enactment.

SCHEDULE 6 — Deemed Marine Licence under the 2009 Act: Morecambe Offshore Windfarm Generation Assets

PART 1 — Licensed marine activities

Interpretation

1

(1) In this marine licence—

“2004 Act” means the Energy Act 2004²⁷;

“2008 Act” means the Planning Act 2008²⁸;

“2009 Act” means the Marine and Coastal Access Act 2009²⁹;

“address” includes any number or address used for the purposes of electronic transmission;

“ancillary works” means the ancillary works described in Part 2 of Schedule 1 (ancillary works) and any other works authorised by this Order that are not development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

“authorised deposits” means the substances and articles specified in paragraph (4) of Part 1 of this licence;

“authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development) and any other development authorised by this Order that is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

“authorised project” means the authorised development and the ancillary works authorised by this Order;

“bank holiday” means a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971³⁰;

“buoy” means any floating device used for navigational purposes or measurement purposes, including wave buoys, LiDAR and guard buoys and mooring buoys;

“cable” means any cable up to 275kV for the transmission of electricity and includes direct lay cables, cables laid in cable ducts or protective covers, and further includes fibre optic and other communications cables either within the cable or laid alongside;

“cable crossings” means the crossing of existing sub-sea cables, pipelines or other existing infrastructure by the cables authorised by this Order together with cable protection;

“cable protection” means measures to protect cables from physical damage and exposure due to loss of seabed sediment including but not limited to rock placement or rock berms, concrete mattresses, the use of bagged solutions filled with grout or other materials and flow energy dissipation devices;

“commence” means the first carrying out of any licensed activities, save for activities consisting of pre-construction surveys, monitoring surveys and unexploded ordnance surveys, and any derivative of “commence” is to be construed accordingly;

“condition” means a condition in Part 2 of this licence;

“decommissioning programme” has the meaning given by section 105(2) of the 2004 Act³¹;

“design statement” means the document certified as the design statement by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“draft marine mammal mitigation protocol” means the document certified as the draft marine mammal mitigation protocol by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“electronic transmission” or “sent electronically” means a communication transmitted— by means of an electronic communications network; or by other means but whilst in electronic form;

“environmental statement” means the document certified as the environmental statement by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“foundation” means any one or more of— a gravity base foundation; a multi-legged jacket with piling foundation; a monopile foundation; or a multi-legged jacket with suction bucket foundation;

“gravity base foundation” means a structure principally of steel, concrete, or steel and concrete with a base which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“HAT” means highest astronomical tide;

“HVAC” means high voltage alternating current;

“in principle monitoring plan” means the document certified as the in principle monitoring plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“inter-array cables” means the HVAC cables linking the wind turbine generators to each other and to the offshore substation platforms;

“km” means kilometres and “km²” means square kilometres;

“kV” means kilovolt;

“LAT” means lowest astronomical tide;

“licensed activities” means those activities specified in Part 1 of this licence;

“LiDAR” means a light detection and ranging system used to measure weather and sea conditions;

“m” means metres, “m²” means square metres and “m³” means cubic metres;

“maintain” includes inspect, upkeep, repair, adjust and alter the authorised project, and further includes remove, reconstruct and replace any of the ancillary works and any component part of the authorised project (but not including the removal or replacement of foundations) provided that such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement; and any derivative of “maintain” is to be construed accordingly;

“MMO” means the Marine Management Organisation, the body created under the 2009 Act which is responsible for the regulation of this licence or any successor of that function;

“MCA” means the Maritime and Coastguard Agency, the executive agency of the Department for Transport;

“MCMS” means the Marine Case Management System web portal provided and operated by the MMO;

“MGN654” means MGN654 “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” (or any equivalent guidance that replaces or supersedes it) and its annexes;

“monopile foundation” means a steel pile either driven or driven and drilled into the seabed and associated equipment including scour protection, equipment including J-tubes, corrosion protection systems and access platforms and equipment;

“multi-legged jacket with piling foundation” means a steel jacket/lattice-type structure constructed of steel, fixed to the seabed with concrete or hollow steel pin piles and associated equipment including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“multi-legged jacket with suction bucket foundation” means a steel jacket/lattice-type structure constructed of steel, fixed to the seabed with a tubular steel structure which partially or fully penetrates the seabed securing the jacket foundations by means of suction generated on the inside of the bucket and associated equipment, including scour protection, J-tubes, corrosion protection systems and access platforms and equipment;

“offshore order limits and grid coordinates plan” means the document certified as the offshore order limits and grid coordinates plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“offshore substation platform” or “OSP” means a structure above LAT and attached to the seabed by means of one or more foundations, with one or more decks and open with modular equipment or fully clad, containing— electrical equipment required to switch, transform or convert electricity generated at the wind turbine generators to a higher voltage and provide reactive power compensation, including high voltage power transformers, high voltage switchgear and busbars, substation auxiliary systems and low voltage distribution, instrumentation, metering equipment and control systems, standby generators, shunt reactors, auxiliary and uninterruptible power supply systems; accommodation, storage, workshop auxiliary equipment and facilities for operating, maintaining and controlling the substation or wind turbine generators, including navigation, aviation and safety marking and lighting, systems for vessel access and retrieval, cranes, potable water supply, black water separation, stores, fuels and spares, communications systems and control hub facilities;

“offshore works plan” means the document certified as the offshore works plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“operation” means the undertaking of activities authorised by this Order which are not part of the construction, commissioning or decommissioning of the authorised project;

“Order” means The Morecambe Offshore Windfarm Generation Assets Order 2025;

“Order limits” means the limits shown on the offshore works plan within which the authorised project may be carried out, whose grid coordinates are set out in Part 1 of Schedule 1 (authorised development) of this Order and shown on the offshore order limits and grid coordinates plan;

“outline construction method statement” means the document certified as the outline construction method statement by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline offshore operation and maintenance plan” means the document certified as the outline offshore operation and maintenance plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline offshore written scheme of investigation” plan means the document certified as the outline offshore written scheme of investigation by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline project environmental management plan” means the document certified as the outline project environmental management plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline scour protection and cable protection plan” means the document certified as the outline scour protection and cable protection plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline underwater sound management strategy” means the document certified as the outline underwater sound management strategy by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“outline vessel traffic management plan” means the document certified as the outline vessel traffic management plan by the Secretary of State under article 12 (certification of documents and plans, etc.) of this Order;

“pin piles” means steel or concrete cylindrical piles driven or driven and drilled into the seabed to secure steel jacket foundations;

“platform link cables” means the HVAC cables linking the offshore substation platforms to each other;

“row” means a row of wind turbine generators perpendicular to the prevailing wind;

“scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed including but not limited to by the use of bagged solutions filled with grout or other materials, protective aprons, mattresses with or without frond devices, and rock, concrete and gravel placement;

“statutory historic body” means Historic England or its successor in function;

“statutory nature conservation body” means a statutory nature conservation body, being the appropriate nature conservation body as defined in regulation 5 of the Conservation of Habitats and Species Regulations 2017³² or its equivalent in the Conservation of Offshore Marine Habitats and Species Regulations 2017³³;

“transition piece” means the metal structure attached to the top of the foundation where the base of the wind turbine generator is connected and may include additional equipment such as J-tubes, corrosion protection systems, boat access systems, access platforms, craneage, radar, electrical transmission equipment and associated equipment;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“UKHO” means the United Kingdom Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN;

“undertaker” means Morecambe Offshore Windfarm Ltd (company registration number: SC734062) or any person who has the benefit of this Order in accordance with article 7 (benefit of this Order);

“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, under or over water and which is at the time in, on, under or over water;

“VHF” means very high frequency;

“WGS84” means the World Geodetic System 1984;

“wind turbine generator” or “WTG” means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include J- tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter hoisting facilities and other associated equipment including communications equipment, fixed to a foundation or transition piece; and

“working day” means a day other than a Saturday or Sunday or a bank holiday in England and Wales.

(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;

(b) all coordinates are latitude and longitude degrees and minutes to two decimal places;

(d) the expression “includes” is to be construed without limitation.

(4) Unless otherwise stated or agreed with the MMO, all submissions, notifications and communications must be sent by the undertaker to the MMO using MCMS. Except where otherwise notified by the relevant organisation, the addresses for correspondence for the purposes of this Schedule are—

(a) Centre for Environment, Fisheries and Aquaculture Science

Pakefield Road

Lowestoft

Suffolk

NR33 0HT

Tel: 01502 562 244

(b) Historic England

4th Floor

Cannon Bridge House

25 Dowgate Hill

London

EC4R 2YA

Tel: 0161 242 1416

Marine Licensing Team

Lancaster House

Hampshire Court

Newcastle upon Tyne

NE4 7YH

Email: marine.consents@marinemanagement.org.uk

Tel: 0300 123 1032

(d) Marine Management Organisation (local office)

Lutra House

Dodd Way

Walton Summit

Preston

PR5 8BX

Email: preston@marinemanagement.org.uk

Telephone: 0208 0265643

(e) Maritime and Coastguard Agency

UK Technical Services Navigation

Spring Place

105 Commercial Road

Southampton

SO15 1EG

Email: navigationsafety@mcga.gov.uk

(f) Natural England

Foss House

Kings Pool

1-2 Peasholme Green

York

YO1 7PX

(g) Trinity House

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900

(h) United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900

Email: navwarnings@btconnect.com

Details of licensed marine activities

2

Subject to the licence conditions at Part 2, this licence authorises the undertaker (and any agent or contractor acting on its behalf) to carry out the following licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act—

(a) the deposit at sea of the substances and objects specified in paragraph 4 below;

(b) the construction of works in or over the sea or on or under the seabed;

(d) site clearance and preparation works including debris, sandwave clearance, boulder clearance and the removal of out of service cables and static fishing equipment; and

(e) the disposal of up to 1,416,463 cubic metres of inert material of natural origin within this Order limits produced during construction, operation and maintenance at disposal site references to be provided to the MMO within this Order limits.

3

Such activities are authorised in relation to the construction, operation, maintenance and otherwise carrying on of—

Work No. 1— a an offshore wind generating station with a gross electrical output capacity of more than 100 MW comprising up to 35 wind turbine generators each fixed to the seabed by a foundation; and b a network of subsea inter-array cables between the wind turbine generators and between the wind turbine generators and the offshore substation platforms forming part of Work No. 2 including cable crossings and cable protection; and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising—

Work No. 2— a one or two offshore substation platforms each fixed to the seabed by a foundation; and b a network of subsea platform link cables including cable crossings and cable protection; and in connection with the licensed activities in Work No. 1 and Work No. 2 further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project and which fall within the scope of the work assessed by the environmental statement and the provisions of this licence, including— a scour protection around the foundations of the offshore structures; b cable protection measures; c the removal of material from the seabed and the disposal of inert material of natural origin within this Order limits produced during seabed preparation for and installation of foundations and cables (including sandwave clearance and seabed levelling) and boulder clearance; d removal of out of service cables and static fishing equipment; and e disposal of drill arisings in connection with any foundation drilling up to a total of 55,865 cubic metres. and the following ancillary works which are within this Order limits and which fall within the scope of the work assessed by the environmental statement comprising— a moorings or other means of accommodating vessels in the construction or maintenance of the authorised project; and b marking buoys, beacons, fenders and other navigational warning or ship impact protection works.

4

The substances and objects authorised for deposit at sea are—

(a) iron, steel, copper and aluminium;

(b) stone and rock;

(d) sand and gravel;

(e) plastic and synthetic;

(f) material extracted from within this Order limits during construction drilling or seabed preparation for foundation works, cable preparation works (including sandwave clearance) and cable installation works; and

(g) marine coatings, other chemicals and timber.

5

The activities set out in paragraph 3 are to be located within the area delineated by the coordinates shown on the offshore order limits and grid coordinates plan and listed in Table 3 below—

Point	Latitude	Longitude
1	53° 50′ 11.03673656″ N	003° 36′ 31.65915051″ W
2	53° 49′ 41.72634557″ N	003° 34′ 15.69323747″ W
3	53° 49′ 45.14948499″ N	003° 29′ 48.00160838″ W
4	53° 45′ 16.81576507″ N	003° 29′ 38.45882862″ W
5	53° 45′ 00.78002400″ N	003° 36′ 04.79995593″ W
6	53° 46′ 45.95836718″ N	003° 40′ 53.89383116″ W

6

This licence remains in force until the authorised project has been decommissioned in accordance with a decommissioning programme approved by the Secretary of State under section 106 (approval of decommissioning programmes) of the 2004 Act, including any modification to the programme under section 108 (reviews and revisions of decommissioning programmes), and the completion of such programme has been confirmed by the Secretary of State.

7

The provisions of section 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence apply only to a transfer not falling within article 7 (benefit of order) of this Order.

8

Should the undertaker become aware that any of the information on which the granting of this licence was based was materially false or misleading, the undertaker musty notify the MMO of this fact as soon as is reasonably practicable. The undertaker must explain in writing which information was materially false or misleading and must provide to the MMO the correct information.

PART 2 — Conditions

Design parameters

1

(1) The authorised project must be constructed in accordance with the parameters assessed in the environmental statement and set out in Table 4.

Parameter	Value
Maximum number of wind turbine generators	35
Maximum total rotor swept area (m²)	1,858,252
Maximum height of wind turbine generators when measured from HAT to the tip of the vertical blade (m)	310
Maximum rotor diameter of each wind turbine generator (m)	280
Minimum distance from HAT to the lowest point of the rotating blade for each turbine (m)	25
Minimum intra-row distance (between wind turbine generators in a row of wind turbine generators) (m)	1,060
Minimum inter-row distance (between rows of wind turbine generators) (m)	1,410
Maximum diameter of monopiles for wind turbine generators on monopile foundations (m)	12
Maximum diameter of piles for wind turbine generators on multi-legged jackets with piling foundations (m)	3
Maximum diameter of gravity base at the seabed for wind turbine generators on gravity base foundations (m)	65
Maximum diameter of suction buckets for wind turbine generators on multi-legged jackets with suction bucket foundations (m)	20
Maximum diameter of monopiles for offshore substation platform monopile foundations (m)	12
Maximum diameter of piles for offshore substation platforms on multi-legged jackets with piling foundations (m)	3
Maximum diameter of gravity base at the seabed for offshore substation platforms on gravity base foundations (m)	65
Maximum diameter of suction buckets for offshore substation platforms on multi-legged jackets with suction bucket foundations (m)	20
Maximum total seabed footprint of wind turbine generators (including scour protection) (m²)	248,080
Maximum number of offshore substation platforms	2
Maximum dimensions of offshore substation platforms (excluding towers, helipads, masts, cranes and lightning protection):
(a) Height when measured from HAT (m)	50
(b) Length (m)	50
(c) Width (m)	50
Maximum height when measured from HAT of offshore substation platforms (including helipads and lightning protection) (m)	70
Maximum total seabed footprint area for offshore substation platform foundations (including scour protection) (m²)	14,176
Maximum total length of cables (inter-array and platform link cables) (km)	80
Maximum number of cable crossings	15
Maximum volume of natural material for disposal (m³)	1,416,463
Maximum total footprint of scour protection (m²) (exclusive of foundations for wind turbine generators and offshore substation platforms)	139,490
Maximum total volume of scour protection for wind turbine generators and offshore substation platforms (m³)	278,980
Maximum footprint of cable protection (m²) (including cable protection, entries to offshore substation platforms and wind turbine generators and cable crossings)	216,250
Maximum volume of cable protection (m³) (including cable protection, entries to offshore substation platforms and wind turbine generators and cable crossings)	259,700
Maximum hammer energy (kilojoules or kJ) employed during installation of pin piles	2,500
Maximum hammer energy (kilojoules or kJ) employed during installation of monopile foundations	6,600

Maintenance of the authorised project

2

(1) The undertaker may at any time maintain the authorised project, except to the extent that this deemed marine licence or an agreement made under this marine licence provides otherwise.

(2) Maintenance works include but are not limited to—

(a) major wind turbine component or offshore substation platform replacement;

(b) painting and applying other coatings to wind turbine generators, foundation structures (including transition pieces) or offshore substation platforms;

(d) cable remedial burial;

(e) cable repairs and replacement;

(f) cable protection and scour protection replenishment or replacement;

(g) access ladder and boat landing replacement;

(h) anode replacement in connection with any wind turbine generator, offshore substation platform or foundation; and

(i) J-tube repair/replacement.

(3) No maintenance works authorised by this licence may be carried out until an offshore operation and maintenance plan in accordance with the outline offshore operation and maintenance plan has been submitted to and approved by the MMO.

(4) All maintenance works must be carried out in accordance with the approved offshore operation and maintenance plan unless otherwise agreed by the MMO.

(5) An annual maintenance report must be submitted to the MMO within one month following the first anniversary of the date of first operation of the authorised development (notified in accordance with paragraph 18 (completion of construction) of this licence) and every year thereafter until the permanent cessation of operation.

(6) The annual maintenance report in sub-paragraph (5) must provide a record of the licensed activities during the preceding year, the timing of activities and methodologies used.

(7) Every fifth year, the undertaker must submit to the MMO, within one month of the anniversary of the date of first operation of authorised development (notified in accordance with paragraph 18 (completion of construction) of this licence), a consolidated maintenance report which will—

(a) include a review of licensed activities undertaken during the preceding five years with reference to the reports submitted in accordance with sub-paragraph (5); and

(b) reconfirm the applicability of the methodologies and frequencies of the licensed activities permitted by this licence for the duration of this licence.

Extension of time periods

3

Any time period given in this licence to either the undertaker or the MMO may be extended with the agreement of the other party such agreement not to be unreasonably withheld or delayed.

Notifications and inspections

4

(1) The undertaker must ensure that—

(a) a copy of this licence and any subsequent amendments or revisions to it is provided to—

(i) all agents and contractors notified to the MMO in accordance with condition 13;

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 13;

(b) within 28 days of receipt of a copy of this licence and any subsequent amendments or revisions to it those persons referred to in sub-paragraph (1)(a) must confirm receipt of this licence to the MMO.

(2) Only those persons and vessels notified to the MMO in accordance with condition 13 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 and at the office of any transport manager with responsibility for vessels from which authorised deposits or removals are to be made.

(4) The documents referred to in sub-paragraph (1)(a) must be available for inspection by an authorised enforcement officer 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 the construction, operation and maintenance of the authorised project.

(6) The undertaker must inform the MMO local office at least five days prior to the commencement of the licensed activities or any part of them and within five days of the completion of the licensed activity.

(7) The undertaker must inform the Kingfisher Information Service of Seafish by email to kingfisher@seafish.co.uk of details of the vessel routes, timings and locations relating to the construction of the authorised project or relevant part—

(a) at least 14 days prior to the commencement of licensed activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data; and

(b) on completion of construction of all licensed activities,

and confirmation of notification must be provided to the MMO within five days.

(8) The undertaker must ensure that a notice to mariners is issued at least 14 days prior to the commencement of the authorised project advising of the start date of Work No. 1 and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UKHO within five days.

(9) The undertaker must ensure that notices to mariners are updated and reissued at regular intervals during construction activities and at least five days before any planned operation and maintenance works (or otherwise agreed) and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 9(1)(b). Copies of all notices must be provided to the MMO and UKHO within five days.

(10) The undertaker must notify UKHO of completion (within 14 days) of construction of the authorised project or any part thereof in order that all necessary amendments to nautical charts are made. Copies of all notices must be provided to the MMO and MCA within five days.

(11) In case of damage to, or destruction or decay of, the authorised project or any part thereof, excluding the exposure of cables, the undertaker must as soon as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the MMO, MCA, Trinity House, the Kingfisher Information Service of Seafish, and UKHO, and issue a notice to regional fisheries contacts and mariners.

(12) In case of the exposure of cables on or above the seabed, the undertaker must within three days following identification of a potential cable exposure, notify regional fisheries contacts and mariners and inform the Kingfisher Information Service of Seafish of the location and extent of exposure. Copies of all notices must be provided to the MMO, MCA, Trinity House, and UKHO within five days.

5

(1) The undertaker must during the whole of the period from commencement of construction of the authorised project to completion of decommissioning of the authorised project exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation, as Trinity House may from time to time direct.

(2) The undertaker must during the whole of the period from commencement of construction of the authorised project to completion of decommissioning of the authorised project keep Trinity House and the MMO informed of progress of the authorised project including—

(a) notice of commencement of construction of the authorised project within 24 hours of commencement having occurred;

(b) notice within 24 hours of any aids to navigation being established by the undertaker; and

(3) The undertaker must provide reports to Trinity House on the availability of aids to navigation in accordance with the frequencies set out in the aids to navigation management plan agreed pursuant to condition 9(1)(h) using the reporting system provided by Trinity House.

(4) The undertaker must during the period from commencement of the licensed activities to completion of decommissioning of the authorised project notify Trinity House and the MMO of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure.

(5) In the event that the provisions of condition 4(11) are invoked, the undertaker must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House.

(6) Any jack up barges or vessels utilised during the licensed activities, when jacked up, must exhibit signals in accordance with the UK Standard Marking Schedule for Offshore Installations.

Colouring of Structures

6

(1) Except as otherwise required by Trinity House, the undertaker must paint all structures forming part of the authorised project yellow (colour code RAL 1023) from at least HAT to a height as directed by Trinity House.

(2) Unless the MMO otherwise directs, the undertaker must paint the remainder of the structures grey (colour code RAL 7035).

Chemicals, drilling and debris

7

(1) The carriage and use of chemicals in the construction of the authorised project must comply with the International Convention for the Prevention of Pollution from Ships.

(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 the Health and Safety Executive and the Offshore Chemical Notification Scheme.

(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 percent of the total volume of all reservoirs and containers.

(4) The undertaker must inform the MMO of the location and quantities of material disposed of each month under this licence by submission of a disposal return by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive.

(5) The undertaker must ensure that only inert material of natural origin, produced during the drilling installation of or seabed preparation for foundations, and drilling mud is disposed of within this Order limits.

(6) The undertaker must ensure that any rock material used in the construction of the authorised project is from a recognised source, free from contaminants and containing minimal fines.

(7) In the event that any rock material used in the construction of the authorised project is misplaced or lost within this Order limits, the undertaker must report the loss in writing to the local enforcement office within 48 hours and if the MMO reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must, in that event, demonstrate to the MMO that reasonable attempts have been made to locate, remove or move any such material.

(8) The undertaker must ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas must be contained to prevent run off entering the water through the freeing ports.

(9) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO Marine Pollution Response Team in accordance with the marine pollution contingency plan agreed under condition 9(1)(e)(i).

(10) Debris or dropped objects which are considered a danger or hazard to navigation must be reported as soon as reasonably practicable but no later than six hours of the undertaker becoming aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by telephone, and United Kingdom Hydrographic Office by email.

(11) All dropped objects which are considered a danger or hazard to navigation or which, having regard to guidance issued by the MMO from time to time, would be considered reportable, must be reported to the MMO using the Dropped Object Procedure Form (or any updated or replacement form provided by the MMO) as soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware of an incident, unless otherwise agreed in writing with the MMO.

(12) On receipt of notification or the Dropped Object Procedure Form, the MMO may require relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do so and the MMO may require obstructions to be removed from the marine environment at the undertaker’s expense if reasonable to do so.

Force majeure

8

(1) If, due to stress of weather or any other unforeseeable cause, the master of a vessel determines that it is necessary to deposit the authorised deposits outside of this Order limits because the safety of human life or of the vessel is threatened, within 48 hours the undertaker must notify full details of the circumstances of the deposit to the MMO.

(2) The unauthorised deposits must be removed at the expense of the undertaker unless written approval is obtained from the MMO.

Pre-construction plans and documentation

9

(1) No part of the licensed activities may commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved by the MMO in consultation with the relevant statutory nature conservation body, Trinity House or the MCA, as appropriate—

(a) a design plan (which accords with the design statement) at a scale of between 1:25,000 and 1:50,000, including detailed representation on the most suitably scaled admiralty chart, which is to be submitted at least six months before the intended commencement of licensed activities, to be approved by the MMO setting out proposed details of the authorised project, including—

(i) the number, dimensions, specification, and foundation type(s) for each wind turbine generator and offshore substation platform;

(ii) the proposed layout of all wind turbine generators and offshore substation platforms (which shall be in accordance with the recommendations for layout contained in MGN654 and its annexes), including grid coordinates of the centre point of the proposed location for each wind turbine generator and offshore substation platform and providing that such centre point is subject to a maximum up to 55m micro-siting in any direction unless otherwise agreed with the MMO in consultation with the MCA and Trinity House;

(iii) the proposed specification and layout of all cables;

(iv) the proposed location and specification of all other aspects of the authorised project; and

(v) any archaeological exclusion zones or micro-siting requirements relating to any benthic habitats of conservational, ecological or economic importance constituting reef habitats of principal importance as listed under section 41 (biodiversity lists and action (England)) of the Natural Environment and Rural Communities Act 2006³⁴,

to ensure conformity with the description of Work No. 1 and Work No. 2 and compliance with conditions 1 and 2 and any wake effects plan approved by the Secretary of State in accordance with requirement 13(1)(a);

(b) a construction programme to include details of—

(i) the proposed construction start date;

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

(iii) an indicative written construction programme for all wind turbine generators and offshore substation platforms forming part of the authorised project and licensed activities;

(c) a monitoring plan (which accords with the in principle monitoring plan) to include details of proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with conditions 14, 15 and 16 to be submitted to the MMO in accordance with the following—

(i) at least six months prior to the first survey, details of the pre-construction surveys and an outline of all proposed pre-construction monitoring;

(ii) at least six months prior to construction, details of construction monitoring;

(iii) at least six months prior to completion of construction, details of operational monitoring, if required;

(d) an offshore construction method statement which is to be submitted at least six months before the intended commencement of licensed activities and is in accordance with the outline construction method statement and the construction methods assessed in the environmental statement, including details of—

(i) cable specification, installation and monitoring, to include—

(aa) the technical specification of the inter-array cables and platform link cables;

(bb) a detailed cable specification and installation plan for the authorised project, incorporating a cable burial risk assessment encompassing the identification of any cable protection that exceeds 5 percent of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5 percent of navigable depth is identified, details of any steps (to be determined following consultation with the MCA and Trinity House) to be taken to ensure existing and future safe navigation is not compromised or similar such assessment to ascertain suitable burial depths and cable laying techniques, including cable protection; and

(cc) details of cable monitoring including details of cable protection until the authorised project is decommissioned which includes a risk based approach to the management of unburied or shallow buried cables;

(ii) scour protection management and cable protection management (which accords with the outline scour protection and cable protection plan) which is to be submitted at least six months before the installation of any scour protection or cable protection including details of the need, type, sources, quantity and installation methods for scour protection and cable protection, with details updated and resubmitted for approval if changes to it are proposed following cable laying operations;

(iii) foundation installation methodology, including drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation and cable installation works;

(iv) wind turbine generator installation methodology;

(v) offshore substation platform installation methodology;

(vi) contractors;

(vii) associated ancillary works; and

(viii) guard vessels to be employed;

(e) an offshore project environmental management plan which is to be submitted at least six months before the intended commencement of licensed activities and which accords with the outline project environmental management plan covering the period of construction and operation 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 project in relation to all activities carried out;

(ii) a site specific chemical risk assessment for all chemicals that have a pathway to the marine environment and are used for the licensed activities (with the exception of any chemicals used in the course of normal navigation), which is to be submitted to the MMO for approval at least ten weeks prior to the use of such chemicals, including—

(aa) the function of the chemical;

(bb) the quantities being used and the frequency of use; and

(cc) the physical, chemical and ecotoxicological properties of the chemical (save for any chemicals present on the OSPAR List of Substances Used and Discharged Offshore which Are Considered to Pose Little or No Risk to the Environment (PLONOR));

(iii) waste management and disposal arrangements;

(iv) the contact details and responsibilities of a fisheries liaison officer;

(v) measures to minimise disturbance to marine mammals and rafting birds from vessels;

(vi) measures to minimise the potential spread of invasive non-native species;

(f) an offshore archaeological written scheme of investigation in relation to the area within this Order limits, which must accord with the outline offshore written scheme of investigation and industry good practice, in consultation with the statutory historic body to include—

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

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

(iii) archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO within four months of any survey being completed;

(iv) delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones;

(v) monitoring of archaeological exclusion zones during and post construction;

(vi) a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the Archaeological Data Service, by submitting an OASIS (Online Access to the Index of Archaeological Investigations) form with a digital copy of the report within six months of completion of construction of the authorised project, and to notify Historic England and the MMO that the OASIS form has been submitted to the Archaeological Data Service within two weeks of submission;

(vii) a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and maintenance and decommissioning of the authorised project; and

(viii) a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the offshore Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities;

(g) an offshore operation and maintenance plan which is to be submitted at least six months before the intended commencement of licensed activities and is in accordance with the outline offshore operation and maintenance plan, to be submitted to the MMO at least four months prior to commencement of operation of the licensed activities and to provide for review and resubmission every three years during the operational phase;

(h) an aids to navigation management plan to be agreed by the MMO following consultation with Trinity House specifying how the undertaker will ensure compliance with condition 5 from the commencement of construction of the authorised project to the completion of decommissioning;

(i) in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol (in accordance with the draft marine mammal mitigation protocol) which is to be submitted at least six months before the commencement of installation of any such driven or part-driven pile foundations, the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation body;

(j) a vessel traffic management plan which is to be submitted at least six months before the intended commencement of licensed activities and is in accordance with the outline vessel traffic management plan; and

(k) a fisheries liaison and co-existence plan (in accordance with the outline fisheries liaison and co-existence plan) which is to be submitted at least six months before the intended commencement of licensed activities to ensure relevant fishing fleets are notified of commencement of licensed activities pursuant to condition 4 and to include—

(i) the appointment and responsibilities of a fisheries liaison officer; and

(ii) measures to address the interaction of the licensed activities with fishing activities.

(2) Pre-commencement surveys and archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a specific written scheme of investigation (which must accord with the details set out in the outline offshore written scheme of investigation) which has been submitted to and approved by the MMO.

(3) For the purposes of sub-paragraph (1)(e)(ii)—

“chemical” means a chemical element and will include both substances and preparations;

“pathway to the marine environment” means open systems or closed systems that require top up;

“preparation” means a mixture or solution composed of two or more substances; and

“substance” means a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.

10

(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 9 must be submitted for approval at least four months before the intended commencement of licensed activities, except where otherwise stated or unless otherwise agreed by the MMO.

(2) The MMO must determine an application for approval made under condition 9 within a period of four months commencing on the date the application is received by the MMO, except where an application is required to be made no less than six months prior to the intended commencement of the authorised scheme or relevant activity in which case the MMO must determine the application for approval within the period of six months commencing on the date the application is received by the MMO, unless otherwise agreed with the undertaker such agreement not to be unreasonably withheld or delayed.

(3) The licensed activities must be carried out in accordance with the plans, protocols, statements, schemes and details approved under condition 9.

Safety zones

11

The licensed activities or relevant part thereof must not commence until (insofar as relevant to the licensed activity) an application has been made to the Secretary of State for a safety zone for the relevant activities pursuant to the 2004 Act.

Offshore safety management

12

No part of the authorised project may commence until the MMO, in consultation with the MCA, has confirmed that the undertaker has taken into account and, so far as is applicable to that part of the authorised project, adequately addressed all MCA recommendations as appropriate to the authorised project contained within MGN654.

Reporting of engaged agents, contractors and vessels

13

(1) The undertaker must provide the name, address and function of any agent, contractor or subcontractor that will carry out any of the licensed activities on behalf of the undertaker to the MMO no less than 24 hours (or such other timescale as agreed with the MMO) before that agent, contractor or subcontractor carries out any such licensed activities.

(2) The undertaker must notify the MMO of any vessel being used to carry on any licensed activity listed in this licence on behalf of the undertaker. Such notification must be received by the MMO no less than 24 hours (or such other timescale as agreed with the MMO) before the commencement of the licensed activity. Notification must include the master’s name, vessel type, vessel IMO number and vessel owner or operating company.

(3) Any changes to the details provided under sub-paragraphs (1) and (2) must be notified to the MMO at least 24 hours (or such other timescale as agreed with the MMO) before the agent, contractor or vessel engages in the licensed activities.

(4) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to any agents, contractors, subcontractors or vessels that will carry on any licensed activities on behalf of the undertaker prior to them engaging in the licensed activities.

Pre-construction monitoring and surveys

14

(1) The undertaker must, in discharging condition 9(1)(c) submit a monitoring plan or plans in accordance with the in principle monitoring plan for written approval by the MMO in consultation with the relevant statutory nature conservation body, which must contain details of proposed pre-construction monitoring and surveys, including methodologies and timings.

(2) The pre-construction survey proposals submitted under sub-paragraph (1) must be in general 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.

(3) The pre-construction survey proposals referred to in sub-paragraph (1) must have due regard to, but not be limited to, the need to undertake a swath-bathymetry survey to IHO Order 1a standard that meets the requirements of MGN654 and its annexes, and side scan sonar, of the area(s) within this Order limits in which it is proposed to carry out construction works.

(4) The undertaker must carry out the surveys specified within the monitoring plan or plans in accordance with that plan or plans.

Construction monitoring

15

(1) The undertaker must, in discharging condition 9(1)(c), submit details (which accord with the in principle monitoring plan) for approval by the MMO in consultation with the relevant statutory nature conservation body of any proposed construction monitoring, including methodologies and timings, to be carried out during the construction of the authorised project. The monitoring proposals must specify each monitoring proposal’s objectives.

(2) In the event that driven or part-driven pile foundations are proposed, such monitoring must include measurements of underwater sound generated by the installation of the first four piled foundations of each piled foundation type to be installed unless the MMO otherwise agrees.

(3) The undertaker must carry out the monitoring approved under sub-paragraph (1), including any further underwater sound monitoring required by the MMO, and provide the agreed reports in the agreed format in accordance with the agreed timetable.

(4) The results of the initial underwater sound measurements monitored in accordance with sub- paragraph (2) must be provided to the MMO within six weeks of the end of piling of the first four piled foundations. The assessment of this report by the MMO will determine whether any further underwater sound monitoring is required. If, in the reasonable opinion of the MMO in consultation with the relevant statutory nature conservation body, the assessment shows significantly different impacts to those assessed in the environmental statement or failures in mitigation, all piling activity must cease until an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed.

(5) The undertaker must carry out the surveys specified in the monitoring plan approved under condition 9(1)(c) in accordance with that plan, including any further underwater sound monitoring required by the MMO under sub-paragraph (4).

(6) Construction monitoring must include vessel traffic monitoring in accordance with the in principle monitoring plan, including the provision of reports on the results of that monitoring at the end of each year of the construction period to the MMO, MCA and Trinity House.

(7) In the event that piled foundations are proposed to be used, the details submitted in accordance with the marine mammal mitigation protocol must include proposals for monitoring marine mammals to ensure the ongoing efficacy of the marine mammal mitigation protocol.

Post-construction monitoring

16

(1) The undertaker must, in discharging condition 9(1)(c) submit details (which accord with the in principle monitoring plan) for approval by the MMO in consultation with the relevant statutory nature conservation body of proposed post-construction monitoring, including methodologies and timings, and a proposed format, content and timings for providing reports on the results.

(2) The monitoring proposals must specify each monitoring proposal’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 (or both).

(3) The post-construction monitoring referred to in sub-paragraph (1) must have due regard to, but not be limited to, the need to—

(a) undertake a full sea floor coverage swath-bathymetry survey that meets the requirements of MGN654 and its annexes, and side scan sonar, of the area(s) within this Order limits in which construction works were carried out to assess any changes in bedform topography and such further monitoring or assessment as may be agreed to ensure that cables have been buried or protected; and

(b) undertake post-construction vessel traffic monitoring in accordance with the in principle monitoring plan, including the provision of reports on the results of that monitoring to the MMO, MCA and Trinity House.

(4) The undertaker must carry out the monitoring agreed under sub-paragraph (1) and provide the agreed reports to the MMO in the agreed format in accordance with the agreed timetable.

(5) Following the installation of cables, details of cable monitoring required under 9(1)(d) must be updated with the results of the post installation surveys. The statement must be implemented until the authorised project is decommissioned and reviewed as specified within the statement, following cable burial surveys, or as instructed by the MMO.

Reporting of scour and cable protection

17

(1) Not more than four months following completion of the construction of the authorised project, the undertaker must provide the MMO and the relevant statutory nature conservation body with a report setting out details of the cable protection and scour protection used for the authorised project.

(2) The report must include the following information—

(a) the location of cable protection and scour protection;

(b) the volume of cable protection and scour protection; and

(c) any other information relating to the cable protection and scour protection as agreed between the MMO and the undertaker.

Completion of construction

18

(1) The undertaker must submit a close-out report to the MMO, MCA, Trinity House, the UKHO and the relevant statutory nature conservation body within four months of the date of completion of construction. The close out report must confirm the date of completion of construction and must include the following details—

(a) the final number of installed wind turbine generators;

(b) the installed wind turbine generator parameters relevant for ornithological collision risk modelling;

(d) latitude and longitude coordinates of the centre point of the location for each wind turbine generator and offshore substation platform provided as Geographical Information System data referenced to WGS84 datum; and

(e) latitude and longitude coordinates of the inter array cables and platform link cable routes provided as Geographical Information System data referenced to WGS84 datum.

(2) Following completion of construction, no further construction activities can be undertaken under this licence.

Marine Noise Registry

19

(1) In the event that driven or part-driven pile foundations are proposed to be used as part of the foundation installation, the undertaker must provide the following information to the Marine Noise Registry—

(a) no less than six months prior to the commencement of each stage of construction of the licensed activities, information on the expected location, start and end dates of impact pile driving to satisfy the Marine Noise Registry’s forward look requirements;

(b) within two weeks after commencement of each stage of construction of the licensed activities, information on the location, start and end dates of impact pile driving to satisfy the Marine Noise Registry’s forward look requirements; and

(c) at six month intervals following the commencement of pile driving, information on the locations and dates of impact pile driving to satisfy the Marine Noise Registry’s close out requirements by 7 April for the winter season (October to March inclusive) and 7 October for the summer season (April to September inclusive) or within 12 weeks of completion of impact pile driving, whichever is earlier.

(2) For the purpose of this condition—

“Marine Noise Registry” means the database of impulsive noise generating activities in UK seas maintained by the Joint Nature Conservation Committee or any successor database; and

“forward look” and “close out” requirements are as set out in the “UK Marine Noise Registry: Information Document, Version 1 (May 2016)” or any updated information document.

Underwater sound management strategy

20

(1) No piling activities shall commence until an underwater sound management strategy for those activities, which accords with the outline underwater sound management strategy, has been submitted to and approved by the MMO in consultation with the relevant statutory nature conservation body.

(2) Where driven or part-driven pile foundations are proposed to be installed, the underwater sound management strategy submitted under sub-paragraph (1) must include details of the noise reduction measures or noise abatement system (or both) that will be utilised to reduce sound from those piling activities.

(3) The underwater sound management strategy must be submitted to the MMO no later than six months prior to the commencement of the relevant activities (or such other timescale as agreed with the MMO).

(4) No piling activities associated with the authorised development shall be undertaken between 15 February and 31 March (inclusive), unless—

(a) such activities are deemed necessary by the undertaker during this period;

(b) any additional mitigation requirements for such activities are included in the underwater sound management strategy approved by the MMO under paragraph (1); and

(c) such activities are thereafter undertaken with the additional mitigation requirements identified and approved by the MMO under sub-paragraph (4)(b).

(5) The piling activities must be carried out in accordance with the approved underwater sound management strategy for the duration of such activities.

Deployment of new cable protection and scour protection

21

Any cable protection and scour protection (other than the replenishment or replacement of existing cable protection or scour protection) authorised under this licence must be deployed within ten years from the date on which operation of the authorised project commences unless otherwise agreed by the MMO.

SCHEDULE 7 — Compensation Measures

PART 1 — Compensation measures: Morecambe Bay and Duddon Estuary Special Protection Area and Ribble and Alt Estuaries Special Protection Area

1

In this part—

“construction of a mammalian predator-proof exclusion fence and mammalian predator removal measure” means the measure to construct a mammalian predator-proof exclusion fence and removal of mammalian predators within a fenced enclosure at key lesser black-backed gull nesting site(s);

“Defra” means the Department for Environment, Food and Rural Affairs;

“habitat management measure” means the measure to manage and improve the vegetation and scrub habitat for nesting lesser black-backed gulls at key lesser black-backed gull nesting site(s);

“LBBGCSG” means the Lesser Black-Backed Gull Compensation Steering Group;

“final lesser black-backed gull CIMP” means a lesser black-backed gull compensation implementation and monitoring plan for the delivery of a lesser black-backed gull compensation measure to compensate for the predicted loss of lesser black-backed gull from the MBDE and RAE as a result of the authorised development;

“lesser black-backed gull compensation measure” means the construction of a mammalian predator-proof exclusion fence and mammalian predator removal measure or the habitat management measure;

“the Marine Recovery Fund” means the fund to be established and operated by Defra pursuant to section 292 of the Energy Act 2023 for the implementation of strategic compensation or any equivalent fund established by a Government body for that purpose;

“Marine Recovery Fund Payment” means a contribution to the Marine Recovery Fund to compensate for the predicted loss of lesser black-backed gull from the MBDE and RAE SPA as a result of the authorised development the sum of which shall be agreed with Defra or other organisation responsible for the operation of the Marine Recovery Fund;

“MBDE” means the site designated as the Morecambe Bay and Duddon Estuary Special Protection Area;

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