Legalize / United Kingdom / Statutory-Instrument

The Outer Dowsing Offshore Wind Farm Order 2026

Type Statutory-Instrument

Publication 2026-02-10

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(5) The total number of offshore artificial nesting structures forming part of the authorised scheme and the authorised schemes in licence 3 (northern artificial nesting structure 1) and/or licence 4 (northern artificial nesting structure 2) and/or licence 6 (southern artificial nesting structure 2) taken together must not exceed two.

Maintenance of the authorised scheme

11

(1) 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.

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

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

(a) major offshore artificial nesting structure component replacement;

(b) offshore artificial nesting structure component repairs;

(d) bird waste and marine growth removal; and

(e) access ladder and boat ladder replacement;

(4) Where the MMO’s approval is required under sub-paragraph (2), approval may be given only where it has been demonstrated to the satisfaction of the MMO that the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Vessels under the undertaker’s control

12

(1) The undertaker must issue to operators of vessels under its control operating within the Order limits a code of conduct to prevent collision risk or injury to marine mammals.

(2) The undertaker must ensure appropriate co-ordination of vessels within its control operating within the Order limits so as to reduce collision risk to other vessels including advisory safe passing distances for vessels.

Extension of time periods

13

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

Notification and Inspection

14

(1) The undertaker must ensure that—

(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent variations to it is provided to—

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

(ii) the masters and offshore operations 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 those persons referred to in sub-paragraph (a) above must confirm receipt of this licence in writing 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 or at the office of any offshore operations 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) above.

(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 Local Office in writing at least 14 days prior to commencement of the licensed activities or any part of them, and within five days of completion of the licensed activities.

(7) The Kingfisher Information Service of Seafish must be informed of details of the vessel routes, timings and locations relating to the construction of the authorised scheme or part thereof by including the information in a notice via the Kingfisher Service of Seafish portal (https://kingfisherbulletin.org/submit-notice) and sent by email to kingfisher@seafish.co.uk—

(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) as soon as reasonably practicable and no later than 24 hours after completion of construction of the authorised scheme,

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

(8) A notice to mariners must be issued at least 14 days prior to the commencement of the licensed activities or any part of them advising of the start date of Work No. 9, and to the extent that they are carried out under this licence, Work No. 8, 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 UK Hydrographic Office within five days.

(9) The notices 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 and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 20(1)(b). Copies of all notices must be provided to the MMO and UK Hydrographic Office within five days.

(10) The undertaker must notify the UK Hydrographic Office—

(a) of commencement of the licensed activities at least 14 days prior to commencement;

(b) of the progress of the licensed activities; and

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 MCA within five days.

(11) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS or any part thereof 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 MMO, MCA, Trinity House, Kingfisher Information Service, the UK Hydrographic Office and regional fisheries organisations.

15

(1) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS 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 seaward of MHWS keep Trinity House and the MMO 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 approved pursuant to condition 11(1)(h) using the reporting system provided by Trinity House.

(4) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS 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 14(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.

Colouring of structures

16

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

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

Chemicals, drilling and debris

17

(1) Unless otherwise agreed in writing by the MMO, all chemicals and substances, including paints and coatings, used below 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 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 storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers.

(4) The undertaker must inform the MMO of the location and quantities of material disposed of each month under the Order, 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, drilling mud and dredged material, produced during the drilling installation of or seabed preparation for foundations is disposed of within the disposal site reference(s) to be provided in writing by the MMO within the extent of the Order limits seaward of MHWS. Any material of anthropogenic origin will be screened out and disposed of at an appropriate waste facility onshore.

(6) 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.

(7) 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 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.

(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 approved under condition 20(1)(d)(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 from the undertaker becoming aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by telephone (0344 382 0580), and the UK Hydrographic Office email: navwarnings@btconnect.com.

(11) All dropped objects including those in sub-paragraph (10), must be reported to the MMO using the Dropped Object Procedure Form (including any updated form as 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.

Notification of unauthorised deposits

18

(1) If the master of a vessel determines that it is necessary to make an unauthorised deposit within or outside of the Order limits because the safety of human life and/or of 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.

Aviation safety

19

The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14 days prior to the commencement of the licensed activities, in writing of the following information—

(a) the date of the commencement of construction of the licensed activities;

(b) the date the offshore artificial nesting structure is brought into use;

(d) the maximum heights of the offshore artificial nesting structure to be constructed; and

(e) the latitude and longitude of the offshore artificial nesting structure 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 licensed activities. Copies of notifications must be provided to the MMO within five days of the notification to the Defence Infrastructure Organisation Safeguarding.

Pre-construction plans and documents

20

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

(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, to be approved in writing by the MMO in consultation with Trinity House, the MCA, UKHO and the relevant statutory nature conservation body which shows—

(i) the proposed location and choice of foundation of the offshore artificial nesting structure;

(ii) the grid coordinates of the centre point of the proposed location for the offshore artificial nesting structure;

(iii) the dimensions of all foundations;

(iv) the proposed layout of the offshore artificial nesting structure to be constructed under this licence; and

(v) any exclusion zones/environmental micrositing requirements;

to ensure conformity with the description of Work Nos. 8 and 9 and compliance with conditions 1 to 9 above;

(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 the offshore artificial nesting structure comprised in the works at paragraph 3 of Part 1 (licensed marine activities) of this licence (insofar as not shown in sub-paragraph (ii) above);

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

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

(ii) scour protection management including details of the need, type, sources, quantity and installation methods for scour protection;

(iii) main contractors;

(iv) vessels and vessels transit corridors; and

(v) associated and ancillary works;

(d) A project environmental management plan in accordance 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 of the authorised scheme in relation to all activities carried out;

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

(iii) waste management and disposal arrangements;

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

(v) a marine biosecurity plan detailing how the risk of introduction and spread of invasive non-native species will be minimised;

(e) In the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol in accordance with the outline marine mammal mitigation protocol (piling), the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation body, to be submitted to the MMO at least six months prior to commencement of piling activities. The marine mammal mitigation protocol must include deployment of noise mitigation systems or noise abatement systems (or both) that will be utilised to manage sounds from those piling activities. The marine mammal mitigation protocol must include full details and justification for the mitigation chosen or excluded for deployment;

(f) An offshore operations and maintenance plan, in accordance with the outline offshore operations and maintenance plan, to be submitted to the MMO at least three months prior to commencement of operation of the licensed activities and to provide for review and resubmission every five years during the operational phase;

(g) A written scheme of archaeological investigation in relation to the offshore Order limits seaward of mean high water, which must be submitted to the statutory historic body at least four months prior to commencement of the licensed activities and to the MMO at least three months prior to commencement of the licensed activities and which must accord with the outline marine archaeological 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, where required;

(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 scheme, and to notify the MMO and Historic England 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 decommissioning of the authorised scheme; 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;

(h) An aids to navigation management plan to be approved 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 for the lifetime of the authorised scheme; and

(i) A biogenic reef mitigation plan in accordance with the outline biogenic reef mitigation plan.

(2) In the event that driven or part-driven pile foundations are proposed to be used, the hammer energy used to drive or part-drive the pile foundations must not exceed 3,500kJ.

(3) Pre-construction archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a specific written scheme of archaeological investigation which is itself in accordance with the details set out in the outline written scheme of investigation (offshore), and which has been submitted to and approved by the MMO in consultation with the statutory historic body.

21

(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 11 must be submitted for approval at least three months prior to the intended commencement of licensed activities, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) No licensed activity may commence until for that licensed activity the MMO has approved in writing any relevant programme, statement, plan, protocol or scheme required to be approved under condition 11.

(3) Subject to sub-paragraph (5), the MMO must determine an application for approval made under condition 11 within a period of three months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.

(4) The licensed activities 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.

(5) Where an application for approval is made under condition 11(1)(e), the MMO must determine the application for approval within a period of six months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.

Reporting of engaged agents, contractors and vessels

22

(1) The undertaker must provide the following information to the MMO, unless otherwise agreed in writing by the MMO—

(a) the name, company number (if applicable), address and function of any agent, contractor or subcontractor appointed to engage in the licensed activities not less than ten working days prior to such agent or contractor commencing any licensed activity; 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 licensed activities, including the master’s name, vessel type, vessel IMO number and vessel owner or operating company.

(2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activities.

Reporting of impact pile driving

23

(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 the licenced 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) 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; and

(c) within 12 weeks of completion of impact pile driving, 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 of the successful submission of Forward Look or Close Out data pursuant to sub-paragraph (1) above within 7 days of the submission.

(3) For the purpose of this condition—

(a) “Marine Noise Registry” means the database developed and maintained by JNCC on behalf of Defra to record the spatial and temporal distribution of impulsive noise generating activities in UK seas; and

(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) or any updated information document.

Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)

24

(1) No piling activities can begin until a Site Integrity Plan (SIP), which accords with the principles set out in the in principle Southern North Sea SAC Site Integrity Plan so far as relevant to the authorised scheme, has been submitted to, and approved in writing, by the MMO in consultation with the relevant statutory nature conservation body.

(2) The SIP submitted for approval must contain a description of the conservation objectives for the Southern North Sea Special Area of Conservation (SNS SAC) as well as any relevant management measures and it must set out the key statutory nature conservation body advice on activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this has been considered in the context of the authorised scheme.

(3) The SIP must be submitted to the MMO no later than six months prior to the commencement of piling activities.

(4) In approving the SIP the MMO must be satisfied that the authorised scheme at the pre-construction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.

(5) The approved SIP may be amended with the prior written approval of the MMO, in consultation with the relevant statutory nature conservation body, where the MMO remains satisfied that the authorised scheme, in-combination with other plans or projects at the pre-construction stage, is in line with the JNCC Guidance.

(6) The MMO must determine an application for approval made under condition 15 within a period of four months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.

(7) The licensed activities must be carried out in accordance with the SIP approved under condition 15, unless otherwise agreed in writing by the MMO.

Maintenance reporting

25

(1) An annual maintenance report must be submitted to the MMO in writing within three months following the first anniversary of the date of commencement of operations, and every year thereafter until the permanent cessation of operation.

(2) The report must provide a record of the licensed activities as set out in condition 2 during the preceding year, the timing of activities and methodologies used.

(3) Every fifth year, the undertaker must submit to the MMO in writing, within three months of that date, 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 condition 16(1) of this licence; and

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

SCHEDULE 15 — Deemed marine licence under the 2009 Act – southern artificial nesting structure 2

PART 1 — Licensed marine activities

1

(1) In this licence—

“the 2008 Act” means the Planning Act 2008;

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

“the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017;

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

“authorised scheme” means Work Nos. 8 and 9 described in paragraph 3 of Part 1 of this licence or any part of that work;

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

“commence” means the first carrying out of any licensed marine activities authorised by this licence, save for operations consisting of offshore preparation works and the words “commencement” and “commenced” must be construed accordingly;

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

“enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 of Part 4 (marine licensing) of the 2009 Act;

“Environment Agency” means the non-departmental public body of that name created by section 1 of the Environment Act 1995;

“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.);

“gravity base structure” means a structure principally of steel, concrete, or steel and concrete 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;

“in principle Southern North Sea SAC Site Integrity Plan” means the document certified as the in principle Southern North Sea SAC Site Integrity Plan by the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.);

“JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’ Joint Nature Conservation Committee Report No. 654, May 2020 published in June 2020 as amended, updated or superseded from time to time;

“LAT” means lowest astronomical tide;

“licence 1 (generation)” means the licence set out in Schedule 10 (deemed marine licence under the 2009 Act – offshore transmission assets);

“licence 2 (transmission)” means the licence set out in Schedule 11 (deemed marine licence under the 2009 Act – offshore transmission assets);

“licence 3” means the licence set out in Schedule 12 (deemed marine licence under the 2009 Act – northern artificial nesting structure 1);

“licence 4” means the licence set out in Schedule 13 (deemed marine licence under the 2009 Act – northern artificial nesting structure 2);

“licence 5” means the licence set out in Schedule 14 (deemed marine licence under the 2009 Act – southern artificial nesting structure 1);

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

“maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace (including replenishment of cable protection), but does not include the removal, reconstruction or replacement of foundations associated with the offshore works, to the extent assessed in the environmental statement; and “maintenance” and any derivative of maintain must be construed accordingly;

“Marine Management Organisation” or “MMO” means the body created under the 2009 Act which is responsible for the monitoring and enforcement of this licence;

“MCA” means the Maritime and Coastguard Agency;

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

“offshore artificial nesting structure” means a structure attached to the seabed by means of a foundation, providing nesting facilities for birds;

“offshore Order limits” means the limits shown on the works plans within which the authorised scheme may be carried out;

“offshore preparation works” means surveys and monitoring seaward of MHWS undertaken prior to the commencement of construction to prepare for construction;

“offshore works” means Work Nos. 1 to 11 and any related associated development in connection with those works and ancillary works described in Schedule 1 part 1 and Schedule 1 part 2 of the Order respectively;

“the Order” means the Outer Dowsing Offshore Wind Farm Order 2026;

“outline marine archaeological written scheme of investigation” means the document certified as the outline marine archaeological written scheme of investigation by the Secretary of State for the purposes of the Order under article 40;

“outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of the Order under article 40;

“outline marine mammal mitigation protocol (piling)” means the document certified as the outline marine mammal mitigation protocol (piling) by the Secretary of State for the purposes of this Order under article 40;

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

“pin pile jacket foundation” means a jacket/lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel pin piles and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

“SAC” means special area of conservation;

“statutory nature conservation body” means the appropriate nature conservation body as defined in regulation 5 of the 2017 Regulations;

“suction bucket” means large diameter steel cylindrical shells which penetrate the seabed assisted by a hydrostatic pressure differential for securing steel jacket foundations;

“suction bucket jacket foundation” means a jacket/lattice-type structure constructed of steel which is fixed to the seabed at three or more points with steel suction buckets and associated equipment including scour protection, J-tubes, corrosion protection systems and access platform(s) and equipment;

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

“undertaker” means GT R4 Limited (company number 13281221);

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

“UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN; and

“works plans” means the plans certified as the works plans onshore and works plans offshore by the Secretary of State for the purposes of the Order under article 40 (certification of plans etc.).

(2) reference to any statute, order, regulation or similar instrument is construed as 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) Unless otherwise indicated—

(a) all times are taken to be Greenwich Mean Time (GMT); and

(b) all coordinates are taken to be latitude and longitude degrees and minutes to two decimal places.

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

(a) Marine Management Organisation

Marine Licensing Team

Tyneside House

Skinnerburn Road

Newcastle upon Tyne

NE4 7AR

Tel: 0300 123 1032;

(b) Marine Management Organisation (local office)

CEFAS (Centre for Environment, Fisheries and Aquaculture Science) Building

Pakefield Road

Lowestoft

NR33 0HT

Tel: 0208 026 6094;

Tower Hill

London

EC3N 4DH

Tel: 020 7481 6900;

(d) The United Kingdom Hydrographic Office

Admiralty Way

Taunton

Somerset

TA1 2DN

Tel: 01823 337 900;

(e) Maritime and Coastguard Agency

UK Technical Services Navigation

Spring Place 105 Commercial Road

Southampton

SO15 1EG

Tel: 020 3817 2426/2433

Email: navigationsafety@mcga.gov.uk;

(f) Natural England

4th Floor, Foss House

1-2 Peasholme Green

York

YO1 7PX

Tel: 0300 060 3900;

(g) Historic England

The Foundry

82 Granville Street

Birmingham

B1 2LH

Tel: 0121 625 6888.

2

Subject to the licence conditions at Part 2, this licence authorises the undertaker (and any agent or contractor acting on their 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 articles specified in paragraph 4 below;

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

(d) debris clearance works;

(e) boulder clearance works either by displacement ploughing or subsea grab technique or other equivalent method;

(f) the removal of out of service cables;

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

(h) removal of static fishing gear; and

(i) the disposal of up to 36,300 cubic metres of inert material of natural origin and/or dredged material within the offshore Order limits produced during construction drilling or seabed preparation for foundation works at disposal site reference(s) to be provided in writing by the MMO within the extent of the Order limits seaward of MHWS.

3

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

4

The substances or articles authorised for deposit at sea are—

(a) iron and steel, copper and aluminium;

(b) stone and rock;

(d) sand and gravel;

(e) plastic and synthetic;

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

(g) weights used for the calibration of vessels, consisting of a hessian sack, metal shackles or chains; and

(h) marine coatings, other chemicals and timber.

5

The grid coordinates for the authorised scheme are specified below—

Point	Latitude	Longitude
72	53° 23′ 28.968″ N	001° 36′ 50.876″ E
73	53° 24′ 16.718″ N	001° 36′ 29.872″ E
74	53° 25′ 20.282″ N	001° 40′ 32.493″ E
75	53° 26′ 57.794″ N	001° 43′ 24.853″ E
76	53° 27′ 49.898″ N	001° 44′ 31.828″ E
77	53° 29′ 41.527″ N	001° 45′ 49.905″ E
78	53° 30′ 58.889″ N	001° 46′ 11.727″ E
79	53° 32′ 26.981″ N	001° 46′ 26.029″ E
80	53° 29′ 31.665″ N	001° 50′ 59.277″ E
81	53° 28′ 40.456″ N	001° 50′ 35.937″ E
82	53° 28′ 15.252″ N	001° 49′ 10.015″ E
83	53° 27′ 55.714″ N	001° 48′ 37.205″ E
84	53° 27′ 22.142″ N	001° 48′ 29.033″ E
85	53° 26′ 51.166″ N	001° 48′ 21.158″ E
86	53° 26′ 12.576″ N	001° 48′ 8.060″ E
87	53° 25′ 38.653″ N	001° 48′ 8.593″ E

6

This licence remains in force until the authorised scheme has been decommissioned.

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

8

With respect to any condition which requires the licensed activities 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 the details, plan or scheme must be in accordance with the principles and assessments set out in the environmental statement, and approval for an amendment may be given only where it has been demonstrated to the satisfaction of the MMO that the amendment is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

PART 2 — Conditions

Design parameters

10

(1) The dimensions of the offshore artificial nesting structure forming part of the authorised scheme must not exceed—

(a) 60 metres in height when measured from LAT;

(b) 23 metres in length; and

(2) The offshore artificial nesting structure foundation structures forming part of the authorised scheme must be monopile, gravity base structure, pin pile jacket or suction bucket jacket foundations.

(3) In respect of the offshore artificial nesting structure—

(a) no monopile foundation may have a diameter greater than eight metres;

(b) no gravity base structure foundation may have a diameter at the level of the seabed greater than 50 metres;

(i) have a pin pile diameter of greater than five metres; or

(ii) employ more than four pin piles per jacket foundation;

(d) no suction bucket jacket foundation forming part of the authorised scheme may—

(i) have a suction bucket diameter of greater than ten metres; or

(ii) employ more than four suction buckets per jacket foundation;

(4) The total seabed footprint area for the offshore artificial nesting structure foundations must not exceed—

(a) 2,000 square metres excluding scour protection; and

(b) 12,300 square metres including scour protection.

(5) The total number of offshore artificial nesting structures forming part of the authorised scheme and the authorised schemes in licence 3 (northern artificial nesting structure 1) and/or licence 4 (northern artificial nesting structure 2) and/or licence 5 (southern artificial nesting structure 1) taken together must not exceed two.

Maintenance of the authorised scheme

11

(1) 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.

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

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

(a) major offshore artificial nesting structure component replacement;

(b) offshore artificial nesting structure component repairs;

(d) bird waste and marine growth removal; and

(e) access ladder and boat ladder replacement.

(4) Where the MMO’s approval is required under sub-paragraph (2), approval may be given only where it has been demonstrated to the satisfaction of the MMO that the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Vessels under the undertaker’s control

12

(1) The undertaker must issue to operators of vessels under its control operating within the Order limits a code of conduct to prevent collision risk or injury to marine mammals.

(2) The undertaker must ensure appropriate co-ordination of vessels within its control operating within the Order limits so as to reduce collision risk to other vessels including advisory safe passing distances for vessels.

Extension of time periods

13

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

Notification and Inspection

14

(1) The undertaker must ensure that—

(a) a copy of this licence (issued as part of the grant of the Order) and any subsequent variations to it is provided to—

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

(ii) the masters and offshore operations 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 those persons referred to in sub-paragraph (a) above must confirm receipt of this licence in writing 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 or at the office of any offshore operations 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) above.

(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 Local Office in writing at least 14 days prior to commencement of the licensed activities or any part of them, and within five days of completion of the licensed activities.

(7) The Kingfisher Information Service of Seafish must be informed of details of the vessel routes, timings and locations relating to the construction of the authorised scheme or part thereof by including the information in a notice via the Kingfisher Service of Seafish portal (https://kingfisherbulletin.org/submit-notice) and sent by email to kingfisher@seafish.co.uk—

(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) as soon as reasonably practicable and no later than 24 hours after completion of construction of the authorised scheme,

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

(8) A notice to mariners must be issued at least 14 days prior to the commencement of the licensed activities or any part of them advising of the start date of Work No. 9, and to the extent that they are carried out under this licence, Work No. 8, 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 UK Hydrographic Office within five days.

(9) The notices 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 and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction programme approved under condition 20(1)(b). Copies of all notices must be provided to the MMO and UK Hydrographic Office within five days.

(10) The undertaker must notify the UK Hydrographic Office—

(a) of commencement of the licensed activities at least 14 days prior to commencement;

(b) of the progress of the licensed activities; and

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 MCA within five days.

(11) In case of damage to, or destruction or decay of, the authorised scheme seaward of MHWS or any part thereof 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 MMO, MCA, Trinity House, Kingfisher Information Service, the UK Hydrographic Office and regional fisheries organisations.

15

(1) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS 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 seaward of MHWS keep Trinity House and the MMO 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 approved pursuant to condition 11(1)(h) using the reporting system provided by Trinity House.

(4) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning seaward of MHWS 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 14(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.

Colouring of structures

16

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

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

Chemicals, drilling and debris

17

(1) Unless otherwise agreed in writing by the MMO, all chemicals and substances, including paints and coatings, used below 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 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 storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers.

(4) The undertaker must inform the MMO of the location and quantities of material disposed of each month under the Order, 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, drilling mud and dredged material, produced during the drilling installation of or seabed preparation for foundations is disposed of within the disposal site reference(s) to be provided in writing by the MMO within the extent of the Order limits seaward of MHWS. Any material of anthropogenic origin will be screened out and disposed of at an appropriate waste facility onshore.

(6) 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.

(7) 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 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.

(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 approved under condition 20(1)(d)(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 from the undertaker becoming aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by telephone (0344 382 0580), and the UK Hydrographic Office email: navwarnings@btconnect.com.

(11) All dropped objects including those in sub-paragraph (10), must be reported to the MMO using the Dropped Object Procedure Form (including any updated form as 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.

Notification of unauthorised deposits

18

(1) If the master of a vessel determines that it is necessary to make an unauthorised deposit within or outside of the Order limits because the safety of human life and/or of 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.

Aviation safety

19

The undertaker must notify the Defence Infrastructure Organisation Safeguarding, at least 14 days prior to the commencement of the licensed activities, in writing of the following information—

(a) the date of the commencement of construction of the licensed activities;

(b) the date the offshore artificial nesting structure is brought into use;

(d) the maximum heights of the offshore artificial nesting structure to be constructed; and

(e) the latitude and longitude of the offshore artificial nesting structure to be constructed,

Pre-construction plans and documents

20

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

(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, to be approved in writing by the MMO in consultation with Trinity House, the MCA, UKHO and the relevant statutory nature conservation body which shows—

(i) the proposed location and choice of foundation of the offshore artificial nesting structure;

(ii) the grid coordinates of the centre point of the proposed location for the offshore artificial nesting structure;

(iii) the dimensions of all foundations;

(iv) the proposed layout of the offshore artificial nesting structure to be constructed under this licence; and

(v) any exclusion zones/environmental micrositing requirements;

to ensure conformity with the description of Work Nos. 8 and 9 and compliance with conditions 1 to 9 above.

(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 the offshore artificial nesting structure comprised in the works at paragraph 3 of Part 1 (licensed marine activities) of this licence (insofar as not shown in sub-paragraph (ii) above);

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

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

(ii) scour protection management including details of the need, type, sources, quantity and installation methods for scour protection;

(iii) main contractors;

(iv) vessels and vessels transit corridors; and

(v) associated and ancillary works;

(d) A project environmental management plan in accordance 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 of the authorised scheme in relation to all activities carried out;

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

(iii) waste management and disposal arrangements;

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

(v) a marine biosecurity plan detailing how the risk of introduction and spread of invasive non-native species will be minimised;

(e) In the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol in accordance with the outline marine mammal mitigation protocol (piling), the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation body, to be submitted to the MMO at least six months prior to commencement of piling activities. The marine mammal mitigation protocol must include deployment of noise mitigation systems or noise abatement systems (or both) that will be utilised to manage sounds from those piling activities. The marine mammal mitigation protocol must include full details and justification for the mitigation chosen or excluded for deployment;

(f) An offshore operations and maintenance plan, in accordance with the outline offshore operations and maintenance plan, to be submitted to the MMO at least three months prior to commencement of operation of the licensed activities and to provide for review and resubmission every five years during the operational phase;

(g) A written scheme of archaeological investigation in relation to the offshore Order limits seaward of mean high water, which must be submitted to the statutory historic body at least four months prior to commencement of the licensed activities and to the MMO at least three months prior to commencement of the licensed activities and which must accord with the outline marine archaeological 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, where required;

(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 scheme, and to notify the MMO and Historic England 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 decommissioning of the authorised scheme; 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;

(h) An aids to navigation management plan to be approved 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 for the lifetime of the authorised scheme; and

(i) A biogenic reef mitigation plan in accordance with the outline biogenic reef mitigation plan.

(2) In the event that driven or part-driven pile foundations are proposed to be used, the hammer energy used to drive or part-drive the pile foundations must not exceed 3,500kJ.

(3) Pre-construction archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a specific written scheme of archaeological investigation which is itself in accordance with the details set out in the outline written scheme of investigation (offshore), and which has been submitted to and approved by the MMO in consultation with the statutory historic body.

21

(1) Each programme, statement, plan, protocol or scheme required to be approved under condition 11 must be submitted for approval at least three months prior to the intended commencement of licensed activities, except where otherwise stated or unless otherwise agreed in writing by the MMO.

(2) No licensed activity may commence until for that licensed activity the MMO has approved in writing any relevant programme, statement, plan, protocol or scheme required to be approved under condition 11.

(3) Subject to sub-paragraph (5), the MMO must determine an application for approval made under condition 11 within a period of three months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.

(4) The licensed activities 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.

(5) Where an application for approval is made under condition 11(1)(e), the MMO must determine the application for approval within a period of six months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.

Reporting of engaged agents, contractors and vessels

22

(1) The undertaker must provide the following information to the MMO, unless otherwise agreed in writing by the MMO—

(a) the name, company number (if applicable), address and function of any agent, contractor or subcontractor appointed to engage in the licensed activities not less than ten working days prior to such agent or contractor commencing any licensed activity; 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 licensed activities, including the master’s name, vessel type, vessel IMO number and vessel owner or operating company.

(2) Any changes to the supplied details must be notified to the MMO in writing prior to the agent, contractor or vessel engaging in the licensed activities.

Reporting of impact pile driving

23

(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 the licenced 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) 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; and

(c) within 12 weeks of completion of impact pile driving, 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 of the successful submission of Forward Look or Close Out data pursuant to sub-paragraph (1) above within 7 days of the submission.

(3) For the purpose of this condition—

(a) “Marine Noise Registry” means the database developed and maintained by JNCC on behalf of Defra to record the spatial and temporal distribution of impulsive noise generating activities in UK seas; and

(b) “Forward Look” and “Close Out” requirements are as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) or any updated information document.

Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)

24

(1) No piling activities can begin until a Site Integrity Plan (SIP), which accords with the principles set out in the in principle Southern North Sea SAC Site Integrity Plan so far as relevant to the authorised scheme, has been submitted to, and approved in writing, by the MMO in consultation with the relevant statutory nature conservation body.

(2) The SIP submitted for approval must contain a description of the conservation objectives for the Southern North Sea Special Area of Conservation (SNS SAC) as well as any relevant management measures and it must set out the key statutory nature conservation body advice on activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this has been considered in the context of the authorised scheme.

(3) The SIP must be submitted to the MMO no later than six months prior to the commencement of piling activities.

(4) In approving the SIP the MMO must be satisfied that the authorised scheme at the pre-construction stage, in-combination with other plans and projects, is in line with the JNCC Guidance.

(5) The approved SIP may be amended with the prior written approval of the MMO, in consultation with the relevant statutory nature conservation body, where the MMO remains satisfied that the authorised scheme, in-combination with other plans or projects at the pre-construction stage, is in line with the JNCC Guidance.

(6) The MMO must determine an application for approval made under condition 15 within a period of six months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker.

(7) The licensed activities must be carried out in accordance with the SIP approved under condition 15, unless otherwise agreed in writing by the MMO.

Maintenance reporting

25

(1) An annual maintenance report must be submitted to the MMO in writing within three months following the first anniversary of the date of commencement of operations, and every year thereafter until the permanent cessation of operation.

(2) The report must provide a record of the licensed activities as set out in condition 2 during the preceding year, the timing of activities and methodologies used.

(3) Every fifth year, the undertaker must submit to the MMO in writing, within three months of that date, 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 condition 16(1) of this licence; and

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

SCHEDULE 16

1

Not used.

SCHEDULE 17 — Hedgerows

PART 1 — Removal of hedgerows

(1) Area	(2) Reference to hedgerow
Boston Borough Council	The hedgerow marked 1323 on sheet 27 of 51 of the important hedgerows and tree preservation order plan.
Boston Borough Council	The hedgerow marked 1405 on sheet 33 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The hedgerow marked 719 on sheet 15 of 51 of the important hedgerows and tree preservation order plan.

PART 2 — Removal of important hedgerows

(1) Area	(2) Reference to hedgerow
Boston Borough Council	The important hedgerow marked 57 on sheet 3 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 1986 on sheet 2 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 71 on sheets 3 and 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 91 on sheet 3 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 96 on sheets 3 and 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 99 on sheets 3 and 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 107 on sheets 3 and 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 183 on sheet 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 186 on sheets 4 and 5 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 197 on sheet 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 201 on sheet 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 203 on sheet 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 211 on sheet 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 213 on sheet 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 1932 on sheet 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 1977 on sheet 4 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 157 on sheet 5 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 1940 on sheet 5 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 1969 on sheet 8 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 168 on sheet 10 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 248 on sheet 10 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 270 on sheets 10 and 11 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 305 on sheets 10 and 11 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 325 on sheet 13 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 335 on sheet 13 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 1948 on sheet 17 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 1015 on sheet 20 of 51 of the important hedgerows and tree preservation order plan.
East Lindsey District Council	The important hedgerow marked 1036 on sheet 21 of 51 of the important hedgerows and tree preservation order plan.
Boston Borough Council	The important hedgerow marked 1954 on sheets 21 and 22 of 51 of the important hedgerows and tree preservation order plan.
Boston Borough Council	The important hedgerow marked 1154 on sheet 25 of 51 of the important hedgerows and tree preservation order plan.
Boston Borough Council	The important hedgerow marked 1175 on sheet 25 of 51 of the important hedgerows and tree preservation order plan.
Boston Borough Council	The important hedgerow marked 1378 on sheet 33 of 51 of the important hedgerows and tree preservation order plan.
Boston Borough Council	The important hedgerow marked 1380 on sheet 33 of 51 of the important hedgerows and tree preservation order plan.
Boston Borough Council	The important hedgerow marked 1383 on sheet 33 of 51 of the important hedgerows and tree preservation order plan.
Boston Borough Council	The important hedgerow marked 1773 on sheets 43 and 44 of 51 of the important hedgerows and tree preservation order plan.
Boston Borough Council	The important hedgerow marked 1836 on sheet 44 of 51 of the important hedgerows and tree preservation order plan.

SCHEDULE 18 — Protective Provisions

PART 1 — Protection for electricity, gas, water and sewerage undertakers

Application

1

For the protection of the affected undertakers referred to in this part of this Schedule the following provisions have effect unless otherwise agreed in writing between the undertaker and the affected undertaker concerned.

2

In this Part of this Schedule—

“affected undertaker” means— any licence holder within the meaning of Part 1 (electricity supply) of the 1989 Act (an “electricity undertaker”); a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986 (a “gas undertaker”)[^f00088]; a water undertaker within the meaning of the Water Industry Act 1991 (a “water undertaker”); a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry Act 1991 (a “sewerage undertaker”), for the area of the authorised development but, for the avoidance of doubt, does not include the undertakers specified in Parts 3, 4, 5, 7, 8 9, 13, 14 or 15 of this Schedule, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained;

“alternative apparatus” means alternative apparatus adequate to enable the affected undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the 1989 Act), belonging to or maintained by that electricity undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by that gas transporter for the purposes of gas supply; in the case of a water undertaker— mains, pipes or other apparatus belonging to or maintained by that water undertaker for the purposes of water supply; any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991[^f00089] at the time of the works mentioned in this Part; in the case of a sewerage undertaker— any drain or works vested in the sewerage undertaker in accordance with the Water Industry Act 1991; any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of the Water Industry Act 1991[^f00090] or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewerage disposal works, at future date)[^f00091] of the Water Industry Act 1991, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of the Water Industry Act 1991) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties; and

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land.

Precedence of the 1991 Act in respect of apparatus in the street

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the affected undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

No acquisition etc. except by agreement

4

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

5

(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of an affected undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the affected undertaker in question.

(2) If, for the purpose of executing any works in, on or under any land purchased, held, or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the affected undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an affected undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the affected undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the affected undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use all reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the affected undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 38 (arbitration).

(5) The affected undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 38 (arbitration), and after the grant to the affected undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the affected undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the affected undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the affected undertaker.

(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

Facilities and rights for alternative apparatus

6

(1) Where, in accordance with the provisions of this part of this Schedule, the undertaker affords to an affected undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the affected undertaker in question or in default of agreement settled by arbitration in accordance with article 38 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the affected undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that affected undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

7

(1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 5(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 5(2), the undertaker must submit to the affected undertaker in question a plan, section and description of the works to be executed.

(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the affected undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the affected undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by an affected undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If an affected undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 6 apply as if the removal of the apparatus had been required by the undertaker under paragraph 5(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the affected undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

Expenses and costs

8

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The Outer Dowsing Offshore Wind Farm Order 2026

Maintenance of the authorised scheme

11

Vessels under the undertaker’s control

12

Extension of time periods

13

Notification and Inspection

14

Aids to navigation

15

Colouring of structures

16

Chemicals, drilling and debris

17

Notification of unauthorised deposits

18

Aviation safety

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Pre-construction plans and documents

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21

Reporting of engaged agents, contractors and vessels

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Reporting of impact pile driving

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Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)

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Maintenance reporting

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SCHEDULE 15 — Deemed marine licence under the 2009 Act – southern artificial nesting structure 2

PART 1 — Licensed marine activities

1

2

3

4

5

6

7

8

9

PART 2 — Conditions

Design parameters

10

Maintenance of the authorised scheme

11

Vessels under the undertaker’s control

12

Extension of time periods

13

Notification and Inspection

14

Aids to navigation

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Colouring of structures

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Chemicals, drilling and debris

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Notification of unauthorised deposits

18

Aviation safety

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Pre-construction plans and documents

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21

Reporting of engaged agents, contractors and vessels

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Reporting of impact pile driving

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Southern North Sea Special Area of Conservation Site Integrity Plan (Piling)

24

Maintenance reporting

25

SCHEDULE 16

1

SCHEDULE 17 — Hedgerows

PART 1 — Removal of hedgerows

PART 2 — Removal of important hedgerows

SCHEDULE 18 — Protective Provisions

PART 1 — Protection for electricity, gas, water and sewerage undertakers