Legalize / United Kingdom / Statutory-Instrument

The Rampion 2 Offshore Wind Farm Order 2025

Type Statutory-Instrument

Publication 2025-04-04

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Point	Latitude	Longitude	Point	Latitude	Longitude
1	50° 46’ 49.8007″	-000° 32’ 42.0835″	97	50° 37’ 8.9157″	-000° 37’ 51.3889″
2	50° 46’ 40.6972″	-000° 32’ 42.1966″	98	50° 37’ 14.4423″	-000° 37’ 52.1326″
3	50° 45’ 42.5924″	-000° 32’42.9178″	99	50° 37’ 26.2596″	-000° 37’ 53.7231″
4	50° 44’ 50.3060″	-000° 32’ 43.5658″	100	50° 37’ 33.2783″	-000° 37’ 54.6678″
5	50° 43’ 27.9008″	-000°32’ 44.5850″	101	50° 37’ 47.0466″	-000° 37’ 56.5213″
6	50° 43’ 4.3293″	-000° 32’ 44.8761″	102	50° 37’ 52.4650″	-000° 37’ 57.2507″
7	50° 42’ 28.3486″	-000° 32’ 45.3201″	103	50° 37’ 55.7250″	-000° 37’ 57.5509″
8	50° 42’ 25.1670″	-000° 32’ 45.4370″	104	50° 39’ 1.7938″	-000° 36’ 8.7262″
9	50° 42’ 22.6856″	-000° 32’ 42.9705″	105	50° 39’ 24.3939″	-000° 33’ 40.8674″
10	50° 41’ 28.6123″	-000° 31’ 57.7034″	106	50° 40’ 16.3645″	-000° 34’ 24.3839″
11	50° 41’ 12.8834″	-000° 31’ 44.5421″	107	50° 41’ 39.4711″	-000° 35’ 34.0336″
12	50° 39’ 52.3821″	-000° 30’ 37.2248″	108	50° 42’ 42.0736″	-000° 36’ 26.5498″
13	50° 41’ 11.3500″	-000° 21’ 55.8599″	109	50° 42’ 54.3446″	-000° 36’ 23.8715″
14	50° 39’ 53.9451″	-000° 21’ 30.9561″	110	50° 43’ 29.5066″	-000° 36’ 16.1947″
15	50° 38’ 43.2945″	-000° 21’ 8.2445″	111	50° 44’ 36.7196″	-000° 36’ 1.5105″
16	50° 38’ 11.9503″	-000° 20’ 58.1743″	112	50° 45’ 10.4373″	-000° 35’ 54.1393″
17	50° 37’ 42.3197″	-000° 20’ 48.6580″	113	50° 46’ 18.6039″	-000° 35’ 39.2272″
18	50° 37’ 32.8206″	-000° 20’ 45.6028″	114	50° 46’ 31.3325″	-000° 35’ 36.4412″
19	50° 37’ 32.7858″	-000° 20’ 45.5916″	115	50° 46’ 30.8906″	-000° 35’ 31.1402″
20	50° 37’ 32.7633″	-000° 20’ 45.5843″	116	50° 46’ 30.6142″	-000° 35’ 24.4745″
21	50° 37’ 22.7988″	-000° 20’ 42.3409″	117	50° 46’ 30.6147″	-000° 35’ 17.7946″
22	50° 38’ 31.7775″	-000° 16’ 26.9705″	118	50° 46’ 30.8922″	-000° 35’ 11.1291″
23	50° 38’ 13.3227″	-000° 16’ 17.0707″	119	50° 46’ 31.4453″	-000° 35’ 4.5064″
24	50° 38’ 41.3993″	-000° 14’ 22.9538″	120	50° 46’ 32.2718″	-000° 34’ 57.9549″
25	50° 39’ 19.2087″	-000° 11’ 18.3535″	121	50° 46’ 33.3681″	-000° 34’ 51.5025″
26	50° 39’ 19.3373″	-000° 11’ 17.7245″	122	50° 46’ 34.7296″	-000° 34’ 45.1770″
27	50° 39’ 19.5025″	-000° 11’ 16.9170″	123	50° 46’ 35.4901″	-000° 34’ 42.2812″
28	50° 39’ 19.6186″	-000° 11’ 16.3492″	124	50° 46’ 35.5228″	-000° 34’ 42.0236″
29	50° 39’ 19.6908″	-000° 11’ 15.9965″	125	50° 46’ 35.5994″	-000° 34’ 41.2888″
30	50° 39’ 19.7648″	-000° 11’ 15.6344″	126	50° 46’ 35.6054″	-000° 34’ 41.2313″
31	50° 39’ 20.4130″	-000° 11’ 12.4655″	127	50° 46’ 35.9055″	-000° 34’ 38.5822″
32	50° 39’ 20.4164″	-000° 11’ 12.4490″	128	50° 46’ 36.0094″	-000° 34’ 37.7299″
33	50°39’ 20.6912″	-000° 11’ 11.1054″	129	50° 46’ 36.5355″	-000° 34’ 33.8272″
34	50° 39’ 20.6985″	-000° 11’ 11.0695″	130	50° 46’ 37.0004″	-000° 34’ 30.8806″
35	50° 39’ 20.7558″	-000° 11’ 10.7896″	131	50° 46’ 37.0010″	-000° 34’ 30.8770″
36	50° 39’ 20.7809″	-000° 11’ 10.6668″	132	50° 46’ 37.1267″	-000° 34’ 30.0528″
37	50° 39’ 20.8160″	-000° 11’ 10.4952″	133	50° 46’ 37.6810″	-000° 34’ 26.8347″
38	50° 39’ 20.8414″	-000° 11’ 10.3711″	134	50° 46’ 37.7138″	-000° 34’ 26.5748″
39	50° 39’ 20.8985″	-000° 11’ 10.2572″	135	50° 46’ 38.0846″	-000° 34’ 24.1951″
40	50° 39’ 20.8985″	-000° 11’ 10.0916″	136	50° 46’ 38.3829″	-000° 34’ 22.3753″
41	50° 39’ 20.9320″	-000° 11’ 9.9280″	137	50° 46’ 38.8484″	-000° 34’ 19.6871″
42	50° 39’ 20.9471″	-000° 11’ 9.8540″	138	50° 46’ 38.9607″	-000° 34’ 19.0720″
43	50° 39’ 20.9846″	-000° 11’ 9.6706″	139	50° 46’ 39.2202″	-000° 34’ 17.6871″
44	50° 39’ 21.0187″	-000° 11’ 9.5038″	140	50° 46’ 40.5811″	-000° 34’ 11.3611″
45	50° 39’ 21.0425″	-000° 11’ 9.3875″	141	50° 46’ 41.8814″	-000° 34’ 6.3216″
46	50° 39’ 21.0907″	-000° 11’ 9.1519″	142	50° 46’ 42.2559″	-000° 34’ 4.9738″
47	50° 39’ 21.1078″	-000° 11’ 9.0682″	143	50° 46’ 42.5759″	-000° 34’ 3.8412″
48	50° 39’ 21.1552″	-000° 11’ 8.8368″	144	50° 46’ 42.9023″	-000° 34’ 2.7225″
49	50° 39’ 21.1689″	-000° 11’ 8.7697″	145	50° 46’ 43.3239″	-000° 34’ 1.3002″
50	50° 39’ 21.1691″	-000° 11’ 8.7686″	146	50° 46’ 44.3721″	-000° 33’ 57.9966″
51	50° 39’ 21.2393″	-000° 11’ 8.4254″	147	50° 46’ 44.3810″	-000° 33’ 57.9636″
52	50° 39’ 21.2579″	-000° 11’ 8.3345″	148	50° 46’ 45.2637″	-000° 33’ 55.0152″
53	50° 39’ 21.2944″	-000° 11’ 8.1562″	149	50° 46’ 45.5808″	-000° 33’ 53.9984″
54	50° 39’ 21.3304″	-000° 11’ 7.9801″	150	50° 46’ 46.0305″	-000° 33’ 52.5844″
55	50° 39’ 21.3412″	-000° 11’ 7.9272″	151	50° 46’ 46.4507″	-000° 33’ 51.2883″
56	50° 39’ 22.1787″	-000° 11’ 3.8321″	152	50° 46’ 46.9907″	-000° 33’ 49.6586″
57	50° 39’ 22.8501″	-000° 11’ 0.5488″	153	50° 46’ 47.8546″	-000° 33’ 47.2974″
58	50° 39’ 22.8994″	-000° 11’ 0.3078″	154	50° 46’ 48.2437″	-000° 33’ 46.1079″
59	50° 39’ 22.9375″	-000° 11’ 0.1216″	155	50° 46’ 49.1345″	-000° 33’ 43.6730″
60	50° 39’ 22.9921″	-000° 10’ 59.8545″	156	50° 46’ 49.4912″	-000° 33’ 39.3906″
61	50° 39’ 23.0026″	-000° 10’ 59.8033″	157	50° 46’ 50.3164″	-000°33’ 32.8380″
62	50° 39’ 23.0301″	-000° 10’ 59.6688″	158	50° 46’ 51.1191″	-000° 33’ 27.9509″
63	50° 39’ 23.0417″	-000° 10’ 59.6121″	159	50° 46’ 51.3096″	-000° 33’ 26.8988″
64	50° 39’ 23.0889″	-000° 10’ 59.3814″	160	50° 46’ 51.3391″	-000° 33’ 26.6492″
65	50° 36’ 40.5733″	-000° 10’ 7.2790″	161	50° 46’ 51.5789″	-000° 33’ 24.7195″
66	50° 35’ 56.8348″	-000° 12’ 29.9698″	162	50° 46’ 51.6477″	-000° 33’ 24.1929″
67	50° 35’ 46.1905″	-000° 13’ 4.6597″	163	50° 46’ 51.7030″	-000°33’ 23.6624″
68	50° 35’ 26.4347″	-000° 14’ 9.0079″	164	50° 46’ 51.7067″	-000° 33’ 23.6272″
69	50° 35’ 44.1096″	-000° 20’ 10.6548″	165	50° 46’ 52.2817″	-000° 33’ 18.8380″
70	50° 36’ 25.6547″	-000° 21’ 2.8378″	166	50° 46’ 52.2855″	-000° 33’ 18.8103″
71	50° 36’ 27.9442″	-000° 21’ 5.7145″	167	50° 46’ 52.3480″	-000°33’ 16.5867″
72	50°36’ 33.7315″	-000° 21’ 12.9867″	168	50° 46’ 52.3819″	-000° 33’ 15.6368″
73	50° 36’ 36.0255″	-000° 21’ 15.9940″	169	50° 46’ 52.4500″	-000° 33’ 14.2166″
74	50° 36’ 42.3253″	-000° 21’ 24.2532″	170	50° 46’ 52.3827″	-000° 33’ 13.4068″
75	50° 36’ 50.0795″	-000°21’ 34.4205″	171	50° 46’ 52.2788″	-000° 33’ 12.3576″
76	50° 35’ 29.7384″	-000° 34’ 43.2949″	172	50° 46’ 52.1807″	-000° 33’ 11.5423″
76	50° 37’ 0.5901″	-000° 21’ 48.2036″	173	50° 46’ 52.1397″	-000° 33’ 11.1979″
77	50° 37’ 2.6269″	-000° 21’ 50.8749″	174	50° 46’ 52.0974″	-000° 33’ 10.8392″
78	50° 37’ 26.1929″	-000° 22’ 21.7880″	175	50° 46’ 51.8731″	-000° 33’ 8.8265″
79	50° 37’ 27.1480″	-000° 22’ 23.0411″	176	50° 46’ 51.3468″	-000° 33’ 2.6428″
80	50° 36’ 38.8171″	-000° 27’ 24.4229″	177	50° 46’ 51.3360″	-000° 33’ 2.4787″
81	50° 36’ 16.5551″	-000° 29’ 46.1531″	178	50°46’ 51.3359″	-000° 33’ 2.4775″
82	50° 36’ 12.3786″	-000° 30’ 12.7043″	179	50° 46’ 51.2831″	-000° 33’ 1.9360″
83	50° 35’ 33.2206″	-000° 34’ 21.0588″	180	50°46’ 51.0907″	-000° 32’ 59.8173″
84	50° 35’ 29.7384″	-000° 34’ 43.2949″	181	50° 46’ 50.8304″	-000° 32’ 56.7205″
85	50° 35’ 11.5476″	-000° 36’ 40.5405″	182	50° 46’ 50.6907″	-000° 32’ 54.9373″
86	50° 35’ 8.6938″	-000° 36’ 58.9128″	183	50° 46’ 50.5692″	-000° 32’ 53.2671″
87	50° 35’ 8.5860″	-000°37’ 35.2466″	184	50° 46’ 50.5517″	-000° 32’ 53.0243″
88	50° 35’ 15.1952″	-000° 37’ 36.0920″	185	50° 46’ 50.4801″	-000° 32’ 52.0184″
89	50° 35’ 17.9985″	-000° 37’ 36.4578″	186	50° 46’ 50.4366″	-000° 32’ 51.4437″
90	50° 35’ 18.0869″	-000° 37’ 36.4693″	187	50° 46’ 50.4028″	-000° 32’ 51.0278″
91	50° 35’ 25.0537″	-000° 37’ 37.3783″	188	50° 46’ 50.3262″	-000° 32’ 50.1580″
92	50° 35’ 31.1113″	-000° 37’ 38.1688″	189	50° 46’ 50.1892″	-000° 32’ 48.5032″
93	50° 35’ 52.0407″	-000° 37’ 40.9002″	190	50° 46’ 50.1151″	-000° 32’ 47.5480″
94	50° 36’ 22.3039″	-000° 37’ 44.8508″	191	50° 46’ 49.9511″	-000° 32’ 45.2090″
95	50° 46’ 49.8007″	-000° 32’ 42.0835″
96	50° 36’ 36.3272″	-000° 37’ 46.6819″

(4) The grid coordinates for that part of the offshore Order limits seaward of MLWS where those parts of the authorised project comprising Work No. 5 may be carried out as shown on the works plan are specified below—

Point	Latitude	Longitude	Point	Latitude	Longitude
1	50° 47’ 54.8542″	-000° 32′ 41.2745″	44	50° 46’ 46.9907″	-000° 33’ 49.6586″
2	50° 47’ 47.1541″	-000° 32’ 41.3703″	45	50° 46’ 46.4507″	-000° 33’ 51.2883″
3	50° 47’ 24.0826″	-000° 32’ 41.6574″	46	50° 46’ 46.0305″	-000° 33’ 52.5844″
4	50° 46’ 49.8007″	-000° 32’ 42.0835″	47	50° 46’ 45.5808″	-000° 33’ 53.9984″
5	50° 46’ 49.9511″	-000° 32’ 45.2090″	48	50° 46’ 45.2637″	-000° 33’ 55.0152″
6	50° 46’ 50.1151″	-000° 32’ 47.5480″	49	50° 46’ 44.3810″	-000° 33’ 57.9636″
7	50° 46’ 50.1892″	-000° 31’ 48.5032″	50	50° 46’ 44.3721″	-000° 33′ 57.9966″
8	50° 46’ 50.3262″	-000° 32’ 50.1580″	51	50° 46’ 43.3239″	-000° 34’ 1.3002″
9	50° 46’ 50.4028″	-000° 32’ 51.0278″	52	50° 46’ 42.9023″	-000° 34’ 2.7225″
10	50° 46’ 50.4366″	-000° 32’ 51.4437″	53	50° 46’ 42.5759″	-000° 34’ 3.8412″
11	50° 46’ 50.4801″	-000° 32’ 52.0184″	54	50° 46’ 42.2559″	-000° 34’ 4.9738″
12	50° 46’ 50.5517″	-000° 32’ 53.0243″	55	50° 46’ 41.8814″	-000° 34’ 6.3216″
13	50° 46’ 50.5692″	-000° 32’ 53.2671″	56	50° 46’ 40.5811″	-000° 34’ 11.3611″
14	50° 46’ 50.6907″	-000° 32’ 54.9373″	57	50° 46’ 39.2202″	-000° 34’ 17.6871″
15	50° 46’ 50.8304″	-000° 32’ 56.7205″	58	50° 46’ 38.9607″	-000° 34’ 19.0720″
16	50° 46’ 51.0907″	-000° 32’ 59.8173″	59	50° 46’ 38.8484″	-000° 34’ 19.6871″
17	50° 46’ 51.2831″	-000° 33’ 1.9360″	60	50° 46’ 38.3829″	-000° 34’ 22.3753″
18	50° 46’ 51.3359″	-000° 33’ 2.4775″	61	50° 46’ 38.0846″	-000° 34’ 24.1951″
19	50° 46’ 51.3360″	-000° 33’ 2.4787″	62	50° 46’ 37.7138″	-000° 34’ 26.5748″
20	50° 46’ 51.3468″	-000° 33’ 2.6428″	63	50° 46’ 37.6810″	-000° 34’ 26.8347″
21	50° 46’ 51.8731″	-000° 33’ 8.8265″	64	50° 46’ 37.1267″	-000° 34’ 30.0528″
22	50° 46’ 52.0974″	-000° 33’ 10.8392″	65	50° 46’ 37.0010″	-000° 34’ 30.8770″
23	50° 46’ 52.1397″	-000° 33’ 11.1979″	66	50° 46’ 37.0004″	-000° 34’ 30.8806″
24	50° 46’ 52.1807″	-000° 33’ 11.5423″	67	50° 46’ 36.5355″	-000° 34’ 33.8272″
25	50° 46’ 52.2788″	-000° 33’ 12.3576″	68	50° 46’ 36.0094″	-000° 34’ 37.7299″
26	50° 46’ 52.3827″	-000° 33’ 13.4068″	69	50° 46’ 35.9055″	-000° 34’ 38.5822″
27	50° 46’ 52.4500″	-000° 33’ 14.2166″	70	50° 46’ 35.6054″	-000° 34’ 41.2313″
28	50° 46’ 52.3819″	-000° 33’ 15.6368″	71	50° 46’ 35.5994″	-000° 34’ 41.2888″
29	50° 46’ 52.3480″	-000° 33’ 16.5867″	72	50° 46’ 35.5228″	-000° 34’ 42.0236″
30	50° 46’ 52.2855″	-000° 33’ 18.8103″	73	50° 46’ 35.4901″	-000° 34’ 42.2812″
31	50° 46’ 52.2817″	-000° 33’ 18.8380″	74	50° 46’ 34.7296″	-000° 34’ 45.1770″
32	50° 46’ 51.7067″	-000° 33’ 23.6272″	75	50° 46’ 33.3681″	-000° 34’ 51.5025″
33	50° 46’ 51.7030″	-000° 33’ 23.6624″	76	50° 46’ 32.2718″	-000° 34’ 57.9549″
34	50° 46’ 51.6477″	-000° 33’ 24.1929″	77	50° 46’ 31.4453″	-000 35’ 4.5064″
35	50° 46’ 51.5789″	-000° 33’ 24.7195″	78	50° 46’ 30.8922″	-000° 35’ 11.1291″
36	50° 46’ 51.3391″	-000° 33’ 26.6492″	79	50° 46’ 30.6147″	-000° 35’ 17.7946″
37	50° 46’ 51.3096″	-000° 33’ 26.8988″	80	50° 46’ 30.6142″	-000° 35’ 24.4745″
38	50° 46’ 51.1191″	-000° 33’ 27.9509″	81	50° 46’ 30.8906″	-000° 35’ 31.1402″
39	50° 46’ 50.3164″	-000° 33’ 32.8380″	82	50° 46’ 31.3325″	-000° 35’ 36.4412″
40	50° 46’ 49.4912″	-000° 33’ 39.3906″	83	50° 46’ 50.5124″	-000° 35’ 32.2424″
41	50° 46’ 49.1345″	-000° 33’ 43.6730″	84	50° 47’ 32.2233″	-000° 35’ 23.1074″
42	50° 46’ 48.2437″	-000° 33’ 46.1079″	85	50° 47’ 32.8858″	-000° 35’ 22.9623″
43	50° 46’ 47.8546″	-000° 33’ 47.2974″

6

This licence remains in force until the authorised scheme has been decommissioned in accordance with a 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, and the completion of such programme has been confirmed by the Secretary of State in writing.

7

The provisions of sections 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 only apply to a transfer not falling within article 5 (benefit of the Order) of the Order.

8

With respect to any condition which requires the authorised scheme or licensed activities to be carried out in accordance with the plans, protocols or statements approved under this licence, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the MMO.

9

Any amendments to or variations from the approved plans, protocols or statements must be in accordance with the principles and assessments set out in the environmental statement and approval for an amendment or variation may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the MMO that the amendment or variation is unlikely to give rise to any new or materially different environmental effects from those assessed in the environmental statement.

PART 2 — CONDITIONS

Design parameters

1

(1) There must be no more than 3 offshore substations.

(2) The dimensions of any offshore substation forming part of the authorised scheme must be no more than—

(a) 65 metres in height when measured from LAT and 115 metres in height with lightning protection and ancillary structures;

(b) 80 metres in length; and

(3) There must be no offshore substation located within 500 metres of the array periphery.

(4) Offshore substation foundation structures forming part of the authorised scheme must comprise either monopile foundations or multileg foundations.

(5) Offshore substation installations with—

(a) multileg foundation employing pin piles forming part of the authorised scheme must have—

(i) no more than 6 legs per foundation;

(ii) no more than 12 pin piles per foundation; and

(iii) a pin pile diameter of no greater than 4.5 metres; and

(b) monopile foundation forming part of the authorised scheme must have a diameter no greater than 13.5 metres.

(6) The total volume of scour protection to be used as associated development for the offshore substations comprising Work No. 3(a) must be no more than 65,700 cubic metres with a maximum footprint of 21,900 square metres.

2

(1) The total number of cable circuits comprising Work Nos. 3(b), and 4 to 6 must be no more than four.

(2) The total length of the interconnector cables comprising Work No. 3(b) must be no more than 40 kilometres.

(3) The total volume of cable protection comprising Work No. 3(b) must be no more 110,500 cubic metres with a maximum footprint of 122,000 square metres.

(4) The total length of cable circuits comprising Work Nos. 3(b), 4 and 5 together must be no more than 170 kilometres.

(5) The total volume of cable protection to be used as development associated with Work Nos. 4 and 5 must be no more than 470,000 cubic metres with a maximum footprint of 517,000 square metres.

(6) Any cable protection authorised under this licence must be deployed within 10 years from commencement of the authorised scheme unless otherwise agreed in writing with the MMO.

(7) The cable circuits comprising Work Nos. 3(b) and 4 must be installed using one or more of the following installation methods: ploughing, trenching or jetting and are to be installed at a target burial depth of 1 metre below seabed surface.

(8) The cable circuits comprising Work No. 5 are to emerge in HDD exit pits and be laid on or beneath the seabed or in ducts laid on or beneath the seabed.

(9) The cable circuits comprising Work No. 6 must be installed underground and beneath the seabed by horizontal directional drilling.

Maintenance of the authorised project

3

(1) No less than four months prior to the completion of construction of the authorised scheme the undertaker must submit to the MMO for approval an operations and maintenance plan which accords with the outline offshore operations and maintenance plan.

(2) The undertaker may at any time maintain the authorised scheme, except to the extent that this licence or an agreement made under this licence provides otherwise. All operation and maintenance activities must be carried out in accordance with the approved operations and maintenance plan unless otherwise agreed in writing between the undertaker and the MMO.

(3) No maintenance works whose likely effects are not assessed in the environmental statement may be carried out, unless otherwise approved by the MMO.

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

(a) major offshore substation platform replacement;

(b) painting offshore substation platforms;

(d) cable remedial burial;

(e) export cable and interconnector cable repairs;

(f) access ladder replacement; and

(g) J-tube repair/replacement.

(5) Where the MMO’s approval is required under paragraph (3), approval may be given only where it has been demonstrated to the satisfaction of the MMO that the works for which approval is sought are unlikely to give rise to any new or materially different environmental effects from those assessed in the environmental statement.

Extension of time periods

4

Any time period in this licence given to either the undertaker or the MMO may be extended with the written agreement of the other party.

Notifications and inspections

5

(1) The undertaker must ensure that—

(a) 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 15; and

(ii) the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 15; and

(b) within 28 days of receipt of a copy of this licence those persons referred to in sub-paragraph (a) must provide a completed confirmation form to the MMO confirming receipt of this licence.

(2) Only those persons and vessels notified to the MMO in accordance with condition 15 are permitted to carry out the authorised scheme.

(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 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 construction and operation of the authorised scheme.

(6) The undertaker must inform the MMO Coastal Office in writing at least five days prior to the commencement of the authorised scheme or any part thereof and within five days of the completion of the authorised scheme.

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

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

(b) completion of construction of all offshore activities within five days thereof,

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

(8) A notice to mariners must be issued at least 14 days prior to the commencement of the authorised scheme or any part thereof advising of the relevant start date 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) Local notifications to mariners must be updated and reissued at weekly intervals during construction activities and at least five days before any planned operations and maintenance works (unless otherwise agreed in writing) and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 11(1)(b). Copies of all notices must be provided to the MMO, MCA and UKHO within five days.

(10) The undertaker must notify the UKHO of completion of construction (within 14 days) of the authorised scheme in order that all necessary amendments to nautical charts are made and the undertaker must send a copy of such notifications to the MMO and the 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 cable circuits the undertaker must as soon as possible 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 the UKHO and issue a notice to mariners and regional fisheries contacts.

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

6

(1) The undertaker must during the whole period from commencement of the authorised scheme to completion of decommissioning 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 period from the start of construction of the authorised scheme to completion of decommissioning of the authorised scheme keep Trinity House, the MMO, MCA and UKHO informed of progress of the authorised scheme including the following—

(a) notice of commencement of construction of the authorised scheme 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 11(1)(o) using the reporting system provided by Trinity House.

(4) The undertaker must during the whole period from commencement of the authorised scheme to completion of decommissioning of the authorised scheme 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 5(11) or 5(12) 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.

Colour of structures

7

(1) The undertaker must colour all structures yellow (colour code RAL 1023) from at least highest astronomical tide to a height directed by Trinity House, or must colour the structure as directed by Trinity House from time to time.

(2) Subject to sub-paragraph (1), unless the MMO otherwise directs, the undertaker must ensure that the remainder of the structures are painted light grey (colour code RAL 7035).

Aviation safety

8

(1) The undertaker must exhibit such lights, with such shape, colour and character as are required in writing by Air Navigation Order 2016[^f00061] and determined necessary for aviation safety following consultation with the Defence Infrastructure Organisation Safeguarding and as directed by the Civil Aviation Authority. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the life of the authorised scheme unless otherwise agreed with the Ministry of Defence.

(2) The undertaker must notify the Defence Infrastructure Organisation Safeguarding, the Civil Aviation Authority, NATS (En Route) plc and the MMO, at least 14 days prior to the commencement of the authorised scheme, in writing of the following information)—

(a) the date of the commencement of construction of the authorised scheme;

(b) the maximum height of any construction equipment to be used;

(d) the latitude and longitude of each offshore substation and wind turbine generator to be constructed,

and the Defence Infrastructure Organisation Safeguarding must be notified of any changes to the information supplied under this paragraph and of the completion of the construction of the authorised scheme. Copies of such notifications must be provided to the MMO within five working days of the notification to the Defence Infrastructure Organisation Safeguarding.

(3) Within 14 days of the commencement of construction of the authorised scheme the undertaker must submit an operational lighting scheme for the lighting of structures above 60 metres in height to the Defence Infrastructure Organisation Safeguarding and the Civil Aviation Authority which must include the proposed intensity levels.

(4) The authorised scheme must not be brought into commercial operation unless and until the lighting scheme submitted pursuant to sub-paragraph (3) has been approved and implemented.

(5) The lights installed in accordance with sub-paragraphs (1) and (4) will be operated at the lowest permissible lighting intensity level.

Chemicals, drilling and debris

9

(1) Unless otherwise agreed in writing by the MMO all chemicals and substances including paints and coatings used below the MHWS for the undertaking of the licensed activities must be approved in writing by the MMO prior to use. Submission for approval to the MMO must take place no later than ten weeks prior to use, unless otherwise agreed to by the MMO in writing.

(2) The undertaker must ensure that any coatings/treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive and the Environment Agency Pollution Prevention Control Guidelines.

(3) The undertaker must ensure that only inert material of natural origin, drilling mud and dredged material, produced during the drilling installation of or seabed preparation for foundations, and sandwave clearance works is disposed of within the extent of the offshore Order limits. Any material of anthropogenic origin will be screened out and disposed of at an appropriate waste facility onshore. The undertaker must inform the MMO of the location and quantities of material disposed of each month under the Order by reference to the disposal site identifier agreed with the MMO, 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.

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

(5) In the event that any rock material used in the construction of the authorised scheme is misplaced or lost below MHWS, the undertaker must report the loss to the MMO Local Office within 48 hours and if the MMO reasonably considers following consultation with the MCA and Trinity House, such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must endeavour to locate the material and recover it.

(6) 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 should be contained to prevent run off entering the water through the freeing ports.

(7) 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 approved under condition 11(1)(d)(i).

(8) All dropped objects must be reported to the MMO using the dropped object procedure form as soon as reasonably practicable and in any event within 24 hours following the undertaker becoming aware of an incident. On receipt of 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 on receipt of such surveys the MMO may require obstructions which are hazardous to other marine users to be removed from the seabed at the undertaker’s expense if reasonable to do so.

Force majeure

10

(1) 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 within or outside of the Order limits because the safety of human life or if the vessel is threatened, within 48 hours full details of the circumstances of the deposit must be notified 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

11

(1) The authorised scheme or any part thereof must not commence until the following (insofar as relevant to that activity) has been submitted to and approved in writing by the MMO, following consultation with (where relevant) Natural England, Trinity House and the MCA—

(a) A design plan at a scale of between 1:25,000 and 1:50,000, including detailed representation on the most suitably scaled admiralty chart, which shows—

(i) the proposed location, including grid co-ordinates of the centre point of the proposed location for each wind turbine generator permitted pursuant to licence 1 (generation), offshore substation and the array periphery and choice of foundation types and depths for all offshore substations;

(ii) the number, specifications and dimensions of the offshore substations;

(iii) the proposed length location and arrangement of interconnector cables and export cables comprising Work Nos. 3 to 6 targeting areas of seabed that maximise cable burial;

(iv) the dimensions of all monopile foundations or multileg foundations;

(v) any exclusion zones/environmental micrositing requirements due to marine heritage constraints, environmental constraints or difficult ground conditions discovered post approval under this condition 11 (pre-construction plans and documentation) and condition 16 (pre-construction monitoring and surveys); and

(vi) that the details set out in relation to sub-paragraphs (i) to (v) do not prevent that part of the wind farm separation zone oriented north to south being open and navigable for all vessels and compliant with Marine Guidance Note (MGN) 654,

to ensure conformity with the description of Work Nos. 3 to 6 and compliance with conditions 1 to 3;

(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; and

(iii) an indicative written construction programme for all offshore substations and cable circuit installation works comprised in Work Nos. 3 to 6 at paragraph 3 of Part 1 (licenced marine activities) of this Schedule (insofar as not shown in sub-paragraph (ii)),

unless otherwise agreed in writing with the MMO;

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

(i) foundation installation methodology, including whether or not gravel bags will be used, a dredging protocol, piling methods including maximum proposed hammer energy, drilling methods and disposal of drill arisings and material extracted to include seabed preparation for foundation installation works where relevant;

(ii) advisory safe passing distances for vessels around construction sites;

(iii) advisory exclusion zones during any piling activities;

(iv) cable installation method including a dredging protocol, export cable and interconnector cable installation works and minimisation of direct and indirect seabed disturbance footprint for the export cable and interconnector cables;

(v) any exclusion zones/environmental micrositing requirements for cable circuit routing;

(vi) contractors;

(vii) vessels and vessels transit corridors;

(viii) associated ancillary works;

(ix) guard vessels to be employed; and

(x) carbon measuring and reporting;

(d) a project environment management plan which accords with the outline project environment management plan, which must be submitted to the MMO at least six months prior to commencement of the authorised scheme or the relevant part thereof and is to include details of—

(i) a marine pollution contingency plan, which accords with the outline marine pollution contingency plan, to address the risks, methods and procedures to deal with any spills and collision incidents 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) a marine biosecurity plan detailing how the risk of introduction and spread of invasive non-native species will be minimised; and

(iv) waste management and disposal arrangements;

(e) a vessel traffic monitoring strategy which accords with the outline vessel traffic monitoring strategy comprising part of the offshore in-principle monitoring plan which is to include—

(i) vessel traffic monitoring by automatic identification system for the duration of the construction period;

(ii) post-construction vessel traffic monitoring by automatic identification system for the period of three consecutive years following the completion of construction of authorised scheme; and

(iii) submission of a report to the MMO, Trinity House and the MCA at the end of each year of the construction period and the following three years post-construction;

(f) a vessel management plan including a code of conduct for vessel operators which must incorporate the Working in Proximity to Wildlife in the Marine Environment Protocol which shall apply during both construction and the operational lifetime of the authorised scheme;

(g) a fisheries liaison and co-existence plan which accords with the outline fisheries liaison and co-existence plan;

(h) a diver communication plan which accords with the outline diver communication plan;

(i) a scour protection and cable protection plan which accords with the outline scour protection and cable protection plan providing details of the need, type, sources, quantity and installation methods for scour protection, which must be updated and resubmitted for approval if changes to it are proposed following cable laying operations;

(j) a monitoring plan which accords with the offshore in-principle monitoring plan and is to detail proposals for pre-construction monitoring surveys, construction monitoring, post-construction monitoring and related reporting;

(k) a sensitive features mitigation plan which accords with the in-principle sensitive features mitigation plan which must be submitted to the MMO at least six months prior to commencement of the authorised scheme or the relevant part thereof and is to include spatial and temporal restrictions on piling activities;

(l) in the event that driven or part-driven pile foundations are proposed to be used—

(i) the hammer energy used to drive or part-drive the pile foundations must not exceed—

(aa) 4,400kJ in respect to monopile foundations; and

(bb) 2,500kJ in respect of pin piles;

(ii) a piling marine mammal mitigation protocol which accords with the draft piling marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals, including details of soft start procedures with specified duration periods following current best practice as advised by the relevant statutory nature conservation bodies;

(m) a UXO marine mammal mitigation protocol which accords with the draft UXO marine mammal mitigation protocol;

(n) a cable specification and installation plan which accords with the outline cable specification and installation plan, to include—

(i) technical specification of offshore cable circuits on or below the seabed, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable circuit burial depth in accordance with industry good practice;

(ii) a sandwave and other seabed clearance plan for all designated sites affected, including details of the volumes of material to be dredged, timing of works, locations for disposal and monitoring proposals;

(iii) a detailed cable laying plan for the Order limits, incorporating a burial risk assessment which accords with the outline cable burial risk assessment, encompassing the identification of any cable protection that exceeds 5% of navigable depth referenced to Chart Datum and, in the event that any area of cable protection exceeding 5% 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 circuit laying techniques, including cable protection;

(iv) proposals for the volume and areas of cable protection to be used for each cable crossing (if any) and arrangements for crossing and proximity agreements to be put in place with existing subsea pipelines and cable operators;

(v) proposals for monitoring offshore cable circuits including cable protection during the operational lifetime of the authorised scheme which includes a risk based approach to the management of unburied or shallow buried cable circuits; and

(vi) proposals for any necessary mitigation that may be required as a result of further site investigations, which must be approved by the MMO, in consultation with Natural England, prior to commencement of licensed activities;

(o) proposals for any necessary mitigation that may be required as a result of further site investigations, which must be approved by the MMO, in consultation with Natural England, prior to commencement of licensed activities.an aid to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House, to include details of how the undertaker will comply with the provisions of condition 6 (aids to navigation) from the commencement of construction of the authorised scheme to the completion of decommissioning; and

(p) a great black-backed gull monitoring plan, which must detail proposals for pre-construction monitoring surveys, post-construction monitoring and related reporting.

(2) The authorised scheme must not commence unless no later than six months prior to the commencement a written scheme of archaeological investigation has been submitted to and approved by the MMO following consultation with West Sussex County Council (in relation to those part of the offshore Order limits landwards of MLWS) and the statutory historic body, in accordance with the outline marine written scheme of investigation, and in accordance with industry good practice, following consultation with the statutory historic body to include—

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

(b) a methodology for further site investigation and surveys including any target locations and specifications for geophysical geotechnical and diver or remotely operated vehicle investigations, removal of archaeological finds if required, and including for unexploded ordnance;

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

(d) delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones prior to construction;

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

(f) 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 scheme, and to notify the MMO and the statutory historic body that the OASIS form has been submitted to the Archaeological Data Service within two weeks of submission;

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

(h) a timetable for further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the relevant parts of 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.

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

12

(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 11 (save for those required under conditions 11(1)(j) and 11(1)(p)) must be submitted for approval at least four months prior to the intended commencement of the relevant part of the authorised scheme, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) The monitoring plan required under condition 11(1)(j) must be submitted in accordance with the following, unless otherwise agreed in writing with the MMO—

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

(b) at least six months prior to construction, detail on construction monitoring; and

(3) The monitoring plan required under condition 11(1)(p) must be submitted in accordance with the following, unless otherwise agreed in writing with the MMO, in consultation with Natural England—

(a) at least six months prior to the first survey, detail of any proposed pre-construction monitoring; and

(b) at least six months prior to commissioning, detail of any proposed post-construction and operational monitoring.

(4) The MMO must determine an application for approval made under condition 11 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 in writing with the undertaker.

(5) No part of the authorised scheme may commence until for the relevant part of the authorised scheme the MMO has approved in writing any relevant programme, statement, plan, protocol or scheme required to be approved under condition 11.

(6) The authorised scheme must be carried out in accordance with the approved plans, protocols, statements, schemes and details approved under condition 11, unless otherwise agreed in writing by the MMO, in consultation with (where relevant) Natural England.

Safety Zones

13

The authorised scheme 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 pursuant to the 2004 Act.

Offshore safety management

14

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

15

(1) The undertaker must provide the following information to the MMO—

(a) the name and function of any agent or contractor appointed to engage in the authorised scheme no less than 24 hours before the agent, contractor or subcontractor carries out any part of the authorised scheme; and

(b) each week during the construction of the authorised scheme a completed Hydrographic Note H102 listing the vessels currently and to be used in relation to the authorised scheme.

(2) Any changes to the name and function of the specified agent, contractor or subcontractor that will carry out the specified licensed activities or vessel to be used must be notified to the MMO in writing prior to the agent, contractor, subcontractor or vessel carrying out the authorised scheme.

(3) The undertaker must ensure that a copy of this licence and any subsequent revisions or amendments has been provided to any agents, contractors or subcontractors that will carry out the part of the authorised scheme on behalf of the undertaker prior to them carrying out any licensed activity.

Pre-construction monitoring and surveys

16

(1) The undertaker must, in discharging condition 11(1)(j) in respect of pre-construction surveys and monitoring, provide details of proposed surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report and—

(a) the survey proposals must be in accordance with the principles set out in the offshore 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; and

(b) 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, the pre-construction survey proposals must have due regard to the need to undertake—

(a) a full sea floor coverage swath-bathymetry survey undertaken to IHO Order 1a standard that meets the requirements of MGN654 and its annexes, and side scan sonar of those parts of the offshore Order limits in which it is proposed to carry out the authorised scheme including proposed cable locations and an appropriate buffer. This should fulfil the requirements of MGN654 and its supporting ‘Hydrographic Guidelines for Offshore Renewable Energy Developers’, which includes the requirement for the full density data and reports to be delivered to the MCA and the UKHO for the update of nautical charts and publications;

(b) a survey to determine the location, extent and composition of chalk habitats, stony reef and potential Sabellaria spinulosa reef features, potential nesting sites for black seabream, and peat and clay exposures as set out within the offshore in-principle monitoring plan;

(d) inform the identification of any archaeological exclusion zone and post consent monitoring of any such archaeological exclusion zone.

(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the baseline report to the MMO in the agreed format and in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO and submitted to the MCA in a form approved pursuant to MGN 654.

(4) The undertaker must, in discharging condition 11(1)(p), submit a monitoring scheme that provides details of proposed pre-construction surveys, including methodologies and timings, and a proposed format, content, and timings for providing pre-construction monitoring reports. The monitoring scheme must be in accordance with the great-black backed gull monitoring plan approved under condition 11(1)(p) and must—

(a) specify each survey’s objectives and explain how it will assist in informing a useful and valid comparison with the post-construction position, and how it will enable the validation or otherwise of key predictions in the environmental statement;

(b) have due regard to the need to undertake monitoring to determine the distribution and behaviour of great black-backed gulls within the Rampion array area, and the effectiveness of deterrents in reducing roosting behaviour and level of activity within the Rampion array area; and

(c) 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.

(5) The undertaker must carry out the surveys as agreed under sub-paragraph (4) and provide the pre-construction monitoring reports to the MMO and Natural England in the agreed format and in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO, in consultation with Natural England.

Construction monitoring

17

The undertaker must in discharging condition 11(1)(j) for the monitoring plan for the construction phase provide details of any proposed construction monitoring, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in accordance with the principles set out in the offshore 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 and/or will enable the validation or otherwise of key predictions in the environmental statement.

Post-construction monitoring

18

(1) The undertaker must, in discharging condition 11(1)(j), submit a monitoring plan for the post-construction monitoring providing details of proposed post-construction surveys, including methodologies (including appropriate buffers, where relevant) and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in accordance with the offshore 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 and/or will enable the validation or otherwise of key predictions in the environmental statement and is to include a survey to determine the location, extent and composition of and Sabellaria spinulosa reef and potential nesting sites for black seabream.

(2) The surveys to be undertaken pursuant to sub-paragraph (1) must include a swath bathymetric survey to IHO Order 1a of those parts of the offshore Order limits where the authorised scheme has been constructed and provide the data and survey report(s) to the MCA and UKHO. This should fulfil the requirements of MGN654 and its supporting ‘Hydrographic Guidelines for Offshore Renewable Energy Developers’, which includes the requirement for the full density data and reports to be delivered to the MCA and the UKHO for the update of nautical charts and publications.

(3) The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO.

(4) Within 12 weeks of completion of any cable repair or replacement works, the undertaker must undertake a post installation survey along the section of cable that has undergone repair or replacement undertaken to IHO Order 1a standard to demonstrate the successful burial of the cable, and submit a report to the MMO, the MCA and Trinity House on its findings.

(5) In the event that the reports provided to the MMO under sub-paragraph (3) identify impacts which are unanticipated and/or in the view of the MMO in consultation with the relevant statutory nature conservation body are significantly beyond those predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment an adaptive management plan to reduce effects to within what was predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment, unless otherwise agreed by the MMO in writing in consultation with the relevant statutory nature conservation body, must be submitted alongside the monitoring reports submitted under sub-paragraph (3). This plan must be agreed by the MMO in consultation with the relevant statutory nature conservation bodies to reduce effects to an agreed suitable level for this project. Any such agreed and approved adaptive management or mitigation should be implemented and monitored in full to a timetable first agreed in writing with the MMO in consultation with the relevant statutory nature conservation body. In the event that this adaptive management or mitigation requires a separate consent, the undertaker must apply for such consent. Where a separate consent is required to undertake the agreed adaptive management or mitigation, the undertaker shall only be required to undertake the adaptive management or mitigation once the consent is granted.

(6) The undertaker must, in discharging condition 11(1)(p), submit a monitoring scheme providing details of proposed post-construction and operational surveys, including methodologies and timings, and a proposed format, content and timings for providing post-construction and operational monitoring reports. The scheme must be in accordance with the great black-backed gull monitoring plan approved under condition 11(1)(p) and must—

(a) specify each survey’s objectives and explain how it will assist in informing a useful and valid comparison with the pre-construction position and how it will enable the validation or otherwise of key predictions in the environmental statement;

(b) have due regard to the need to undertake monitoring to determine the distribution and behaviour of great black-backed gulls within the Rampion array area and array area, and the rates of collision and avoidance of great black-backed gulls with wind turbine generators within the array area; and

(c) ensure that the outcome of the agreed surveys together with existing data and reports are drawn together to present a valid statement of the post-construction and operational position, with any limitations, and must make clear what pre-construction comparison is intended and the justification for this.

(7) The undertaker must carry out the surveys as agreed under sub-paragraph (6) and provide the post-construction and operational monitoring reports to the MMO and Natural England in the agreed format and in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO, in consultation with Natural England.

(8) Any monitoring report compiled in accordance with the monitoring schemes required under sub-paragraph (6) must be provided to the MMO and Natural England no later than four months following completion of the monitoring to which it relates, unless otherwise agreed in writing by the MMO, in consultation with Natural England.

(9) All monitoring reports must be made publicly available and submitted to relevant evidence databases no later than six months following completion of the monitoring required by the great black-backed gull monitoring plan as approved under condition 11(1)(p) unless otherwise agreed in writing by the MMO, in consultation with Natural England.

(10) In the event that the reports provided to the MMO and Natural England under sub-paragraph (6) identify impacts which are unanticipated and/or in the view of the MMO in consultation with the relevant statutory nature conservation body are significantly beyond those predicted within the Environmental Statement, an adaptive management plan to reduce effects to within what was predicted within the Environment Statement, unless otherwise agreed by the MMO in writing in consultation with the relevant statutory nature conservation body, must be submitted alongside the monitoring reports submitted under sub-paragraph (6). This plan must be agreed by the MMO in consultation with the relevant statutory nature conservation bodies. Any such agreed and approved adaptive management or mitigation should be implemented and monitored in full to a timetable agreed in writing with the MMO, in consultation with the relevant statutory nature conservation body. In the event that this adaptive management or mitigation requires a separate consent, the undertaker must apply for such consent. Where a separate consent is required to undertake the agreed adaptive management or mitigation, the undertaker shall only be required to undertake the adaptive management or mitigation once the consent is granted.

Monitoring of underwater noise from piling

19

(1) The undertaker must, in discharging condition 11(1)(j), submit details (which accord with the offshore in-principle monitoring plan) for approval by the MMO in consultation with the relevant statutory nature conservation bodies, of any proposed monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The survey proposals must specify each survey’s objectives. In the event that driven or part-driven pile foundations are proposed, such monitoring must include measurements of noise generated by the installation of at least eight of the first twelve piled foundations of each piled foundation type to be installed unless otherwise agreed in writing by the MMO, in consultation with the relevant statutory nature conservation bodies.

(2) The undertaker must carry out the surveys approved under sub-paragraph (1), including any further noise monitoring required in writing by the MMO, and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with the relevant statutory nature conservation bodies.

(3) The results of the initial noise measurements monitored in accordance with sub-paragraph (1) must be provided to the MMO within six weeks of the first eight of each piled foundation. The assessment of this report by the MMO will determine whether any further noise monitoring is required. If, in the 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.

(4) In the event that piled foundations are proposed to be used, the details submitted in accordance with the offshore in-principle monitoring plan must include proposals for monitoring marine mammals and noise abatement mitigation used, unless otherwise agreed in writing by the MMO, in consultation with the relevant statutory nature conservation bodies.

Timing of monitoring report

20

Any monitoring report compiled in accordance with the monitoring plans provided under conditions 11 must be provided to the MMO no later than four months following completion of the monitoring to which it relates, unless otherwise agreed in writing with the MMO.

Updating of cable monitoring plan

21

Following installation of cable circuits, the cable monitoring plan required under condition 11(1)(n)(v) must be updated with the results of the post-installation surveys. The plan must be implemented during the operational lifetime of the project and reviewed as specified within the plan, following cable burial surveys, or as instructed in writing by the MMO.

Piling

22

In the event that driven or part-driven pile foundations are proposed to be used any such piling must be undertaken in accordance with—

(a) the piling marine mammal mitigation protocol approved under condition 11(1)(l); and

(b) the sensitive features mitigation plan approved under condition 11(1)(k).

Reporting of cable protection

23

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

(2) The report is to include the following information—

(a) location of the cable protection;

(b) volume of cable protection; and

Decommissioning

24

(1) Prior to any decommissioning activities being undertaken the undertaker must submit and secure the written approval of the MMO in consultation with the relevant statutory nature conservation body for a decommissioning mammal protection protocol (Decommissioning MPP).

(2) The Decommissioning MPP must be implemented as approved.

Completion of construction

25

(1) The undertaker must submit a close out report to the MMO, MCA, UKHO and the statutory nature conservation body within three 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 offshore substations;

(b) a plan of the layout of installed offshore substations;

(c) latitude and longitude coordinates of the centre point of the location of each offshore substation provided as Geographical Information System data referenced to WGS84 datum;

(d) latitude and longitude coordinates of the export cable route provided as Geographical Information System data referenced to WGS84 datum; and

(e) the installed offshore substation parameters relevant for seascape landscape and visual impact.

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

Herring piling restriction

26

(1) No piling activity can commence within the eastern array area during the herring spawning season until a spawning herring piling restriction plan (in accordance with the outline spawning herring piling restriction plan) containing updated underwater noise modelling has been submitted to and approved by the MMO. The updated underwater noise model must be based on final project parameters to be used to install piles in the eastern array area and must include details of any verified mitigation measures to be employed.

(2) If the herring spawning plan demonstrates that noise levels associated with piling activity in the eastern array area during the herring spawning season will exceed the levels shown on the spawning herring piling restriction plan then no piling activity may be undertaken within the eastern array area during the herring spawning season without the written approval of the MMO.

(3) All piling activity within the eastern array area during the herring spawning season must be undertaken in accordance with the details approved under sub-paragraph (1) or as required as a condition of approval under sub-paragraph (2).

(4) In this condition—

“eastern array area” means the area identified as the eastern array area within the spawning herring piling restriction plan;

“outline spawning herring piling restriction plan” means the plan certified as the outline spawning herring piling restriction plan by the Secretary of State for the purposes of the Order under article 49 (certification of plans and documents etc); and

“herring spawning season” means 1 November to 31 January inclusive.

Reporting of impact pile driving

27

(1) Only when 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) prior to the commencement of each part of construction of the authorised scheme, information on the expected location and expected start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward Look requirements; and

(b) within 12 weeks of completion of impact pile driving for the relevant part of the authorised scheme, information on the locations and dates of impact pile driving to satisfy the Marine Noise Registry’s Close Out requirements.

(2) The undertaker must notify the MMO in writing of the successful submission of Forward Look or Close Out data pursuant to sub-paragraph (1) within seven days of the submission.

(3) For the purpose of this condition, “Forward Look” and “Close Out” mean the requirements as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) as amended, updated or superseded from time to time.

Piling restriction

28

No piling associated with the authorised development may be undertaken between 1 March to 31 July inclusive, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

SCHEDULE 13 — HEDGEROWS

PART 1 — REMOVAL OF HEDGEROWS

(1) Area	(2) Location of hedgerow as shown on the tree preservation order and hedgerow plan
Arun District	H10 shown on sheet 2
Arun District	H13 shown on sheet 2
Arun District	H16 shown on sheet 2
Arun District	H22 shown on sheet 3
Arun District	H27 shown on sheet 4
Arun District	H600 shown on sheet 5
Arun District	H601 shown on sheet 5
Arun District	H531 shown on sheet 7
South Downs National Park	H540 shown on sheet 8
South Downs National Park	H541 shown on sheet 8
South Downs National Park	H545 shown on sheet 11
South Downs National Park	H546 shown on sheet 11
South Downs National Park	H548 shown on sheet 11
South Downs National Park	H551 shown on sheet 11
South Downs National Park	H553 shown on sheet 11
South Downs National Park	H589 shown on sheet 11
South Downs National Park	H590 shown on sheet 11
South Downs National Park	H129 shown on sheet 20
South Downs National Park	H135 shown on sheet 20
South Downs National Park	H146A shown on sheet 21
South Downs National Park	H157 shown on sheet 21
South Downs National Park	H158 shown on sheet 22
South Downs National Park	H161 shown on sheet 21
South Downs National Park	H162 shown on sheet 22
South Downs National Park	H163 shown on sheet 22
South Downs National Park	H165 shown on sheet 21
South Downs National Park	H166 shown on sheet 21
South Downs National Park	H167 shown on sheet 22
South Downs National Park	H172 shown on sheet 21
South Downs National Park	H179 shown on sheets 22 and 23
South Downs National Park	H185 shown on sheet 22
Horsham District	H197 shown on sheet 22
Horsham District	H201a shown on sheet 24
Horsham District	H202 shown on sheet 23
Horsham District	H206a shown on sheet 21
Horsham District	H210 shown on sheet 24
Horsham District	H211 shown on sheet 24
Horsham District	H214 shown on sheet 24
Horsham District	H219 shown on sheet 24
Horsham District	H220 shown on sheet 24
Horsham District	H229 shown on sheet 24
Horsham District	H230 shown on sheet 25
Horsham District	H235 shown on sheet 25
Horsham District	H237 shown on sheet 25
Horsham District	H246 shown on sheet 25
Horsham District	H247 shown on sheet 26
Horsham District	H257 shown on sheet 26
Horsham District	H263 shown on sheet 27
Horsham District	H266 shown on sheet 27
Horsham District	H269 shown on sheet 27
Horsham District	H271 shown on sheet 27
Horsham District	H277 shown on sheet 27
Horsham District	H295 shown on sheet 28
Horsham District	H297 shown on sheet 28
Horsham District	H302 shown on sheet 28
Horsham District	H309 shown on sheet 28
Horsham District	H312 shown on sheet 28
Horsham District	H317 shown on sheet 28
Horsham District	H349 shown on sheet 29
Horsham District	H358 shown on sheet 29
Horsham District	H359 shown on sheet 29
Horsham District	H363 shown on sheet 29
Horsham District	H373 shown on sheet 29
Horsham District	H378 shown on sheets 28 and 29
Horsham District	H380 shown on sheets 28 and 29
Horsham District	H383 shown on sheet 30
Horsham District	H384 shown on sheet 30
Horsham District	H406 shown on sheet 30
Horsham District	H422 shown on sheet 30
Horsham District	H424 shown on sheet 30
Horsham District	H433 shown on sheet 31
Horsham District	H475 shown on sheet 32
Horsham District	H476 shown on sheet 32
Horsham District	H482 shown on sheet 32
Horsham District	H497 shown on sheet 33
Horsham District	H505 shown on sheet 33
Horsham District	H511 shown on sheet 33
Horsham District	H512 shown on sheet 33
Horsham District	H514 shown on sheet 33
Horsham District	H516 shown on sheet 33
Horsham District	H520b shown on sheet 33
Horsham District	H610 shown on sheet 33
Horsham District	H612 shown on sheet 33
Horsham District	H613 shown on sheet 25
Mid-Sussex District	H469 shown on sheet 34
Mid-Sussex District	H489 shown on sheet 34

PART 2 — REMOVAL OF IMPORTANT HEDGEROWS

(1) Area	(2) Reference of hedgerow as shown on the tree preservation and hedgerow plan
Arun District	H521 shown on sheet 5
Arun District	H527 shown on sheet 6
Arun District	H528 shown on sheet 6
South Downs National Park	H549 shown on sheet 10 and 11
South Downs National Park	H168 shown on sheet 22
South Downs National Park	H181 shown on sheet 23
Horsham District	H228 shown on sheet 24
Horsham District	H245 shown on sheet 25
Horsham District	H308 shown on sheet 28
Horsham District	H372 shown on sheet 29
Horsham District	H377 shown on sheet 29
Horsham District	H464b shown on sheet 32
Horsham District	H474 shown on sheet 32
Horsham District	H481 shown on sheets 32 and 33
Horsham District and Mid-Sussex District	H507 shown on sheet 33
Horsham District	H509 shown on sheet 33
Horsham District	H515 shown on sheet 33
Mid-Sussex District	H456 shown on sheet 34

SCHEDULE 14 — PROCEDURE FOR DISCHARGE OF CERTAIN APPROVALS

Applications made for certain approvals

1

(1) Where an application has been made to a discharging authority for any consent, agreement or approval required or contemplated by any of the requirements in Part 3 of Schedule 1 (requirements) to this Order the undertaker must—

(a) give the discharging authority sufficient information to identify the requirement(s) to which the application relates; and

(b) provide such particulars, plans and drawings as are reasonably considered necessary to deal with the application.

(2) The discharging authority must give notice to the undertaker of its decision on the application before the end of the decision period.

(3) For the purposes of this paragraph the decision period is—

(a) where no further information is requested under paragraph 2 (further information), 56 days from the day immediately following that on which the application is received by the discharging authority;

(b) where further information is requested under paragraph 2 (further information), 56 days from the day immediately following that on which the further information has been supplied by the undertaker under paragraph 2; or

(c) such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in sub-paragraph 3(a) or (b).

Further information

2

(1) In relation to any application to which this Schedule applies, the discharging authority has the right to request such further information from the undertaker as is reasonably necessary to enable it to consider the application.

(2) If the discharging authority considers such further information to be necessary it must, as soon as reasonably practicable and in any event within 20 business days of receipt of the application notify the undertaker in writing specifying the further information required.

(3) If the discharging authority does not give such notification as specified in sub-paragraph (2) it is to be deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

Fees

3

(1) Where an application is made to the discharging authority for consent, agreement or approval in respect of a requirement, the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012[^f00062] (or any regulations replacing the same) is to be paid by the undertaker to the relevant discharging authority.

(2) Any fee paid under this Schedule must be refunded to the undertaker within 42 days of—

(a) the application being rejected as invalidly made; or

(b) the discharging authority failing to determine the application within the decision period as determined under paragraph 1, unless within that period the undertaker agrees, in writing, that the fee is to be retained by the discharging authority and credited in respect of a future application.

Appeals

4

(1) The undertaker may appeal to the Secretary of State in the event that—

(a) the discharging authority refuses an application for any consent, agreement or approval required or contemplated by any of the requirements in Part 3 of Schedule 1 (requirements) to this Order or grants it subject to conditions;

(b) the discharging authority does not give notice of its decision to the undertaker within the decision period specified in paragraph 1 (applications made for certain approvals);

(c) on receipt of a request for further information under paragraph 2 (further information) the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

(d) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

(2) The appeal process is as follows—

(a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the decision period as determined under paragraph 1;

(b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and the relevant requirement consultees (if applicable);

(c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

(d) the discharging authority and the requirement consultees must submit written representations to the appointed person in respect of the appeal within 20 business days of the date on which the appeal parties are notified of the appointment of a person under sub‑paragraph (2)(c) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person; and

(e) the appeal parties are to make any counter-submissions to the appointed person within 20 business days of receipt of written representations under sub-paragraph (2)(d).

(3) The appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

(4) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(5) If the appointed person considers that further information is necessary to enable consideration of the appeal the appointed person must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

(6) Any further information required under sub-paragraph (5) is to be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 business days of that date.

(7) On an appeal under this paragraph, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

(8) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the prescribed time limits, or set by the appointed person under this paragraph.

(9) The appointed person may proceed to a decision even though no written representations have been made within the prescribed time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

(10) The decision of the appointed person on an appeal is to be final and binding on the appeal parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

(11) If an approval is given by the appointed person under this Schedule, it is deemed to be an approval for the purpose of any consent, agreement or approval for the purpose of Part 3 of Schedule 1 (requirements) as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

(12) Except where a direction is given under sub-paragraph (13) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the undertaker.

(13) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Planning Practice Guidance published by the Ministry of Housing, Communities and Local Government or any circular or guidance which may from time to time replace it.

Interpretation of Schedule 14

5

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