SCHEDULES
SCHEDULE 11DEEMED MARINE LICENCE UNDER THE 2009 ACT—GENERATION ASSETS
PART 2CONDITIONS
Design parameters
schedule 11 part 2 paragraph 1 1.—(1) The total number of wind turbine generators comprised in the authorised scheme must be no more than 90 having a total rotor swept area of no more than 4.45 square kilometres.
(2) Subject to sub-paragraph (3), each wind turbine generator forming part of the authorised scheme must have—
schedule 11 paragraph 1 2 a (a)a height of no more than 325 metres when measured from LAT to the tip of the vertical blade;
schedule 11 paragraph 1 2 b (b)a rotor diameter of no more than 295 metres;
schedule 11 paragraph 1 2 c (c)a distance of no less than 22 metres from MHWS to the lowest point of the rotating blade; or
schedule 11 paragraph 1 2 d (d)a distance of no less than 830 metres from the nearest wind turbine generator in all directions,
and the authorised scheme will comprise turbines of a uniform height and rotor diameter.
(3) The reference in sub-paragraph (2)(d) to the location of a wind turbine generator is a reference to the centre point of that wind turbine generator.
(4) Wind turbine generator foundation structures forming part of the authorised scheme must have either a monopile foundation, or multileg foundation.
(5) Wind turbine generator—
schedule 11 paragraph 1 5 a (a)multileg foundations employing pin piles forming part of the authorised scheme must have—
schedule 11 paragraph 1 5 a i (i)no more than 4 legs per foundation;
schedule 11 paragraph 1 5 a ii (ii)no more than 4 pin piles per foundation; and
schedule 11 paragraph 1 5 a iii (iii)a pin pile diameter of no greater than 4.5 metres;
schedule 11 paragraph 1 5 b (b)multileg foundations with suction bucket must have—
schedule 11 paragraph 1 5 b i (i)no more than 4 legs per wind turbine generator;
schedule 11 paragraph 1 5 b ii (ii)a suction bucket diameter of no more than 15 metres; and
schedule 11 paragraph 1 5 b iii (iii)a suction bucket penetration of no more than 25 metres; and
schedule 11 paragraph 1 5 c (c)monopile foundation forming part of the authorised scheme may have a diameter no greater than 13.5 metres.
(6) The total volume of scour protection for wind turbine generators (where necessary) must be no more than 1,215,000 cubic metres with a maximum footprint of 405,000 square metres.
schedule 11 part 2 paragraph 2 2.—(1) The total length of the array cables comprising Work No. 2 must be no more than 250 kilometres.
(2) The total volume of cable protection comprising Work No. 2 must be no more than 175,000 cubic metres with a maximum footprint of 300,000 square metres.
(3) The number of cable crossings comprising Work No. 2 must be no more than four unless otherwise agreed with the MMO.
(4) The maximum area impacted by cable crossings must be no more than 10,000 square metres.
(5) The total volume of cable protection for cable crossings must be no more than 20,000 cubic metres (pre- and post-lay).
(6) Any cable protection authorised under this licence must be deployed within 10 years from the commencement of the authorised scheme unless otherwise agreed in writing with the MMO.
(7) The array cables comprising Work No. 2 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.
Maintenance of the authorised scheme
schedule 11 part 2 paragraph 3 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—
schedule 11 paragraph 3 4 a (a)major wind turbine component or offshore substation platform replacement;
schedule 11 paragraph 3 4 b (b)painting wind turbine generators or offshore substation platforms;
schedule 11 paragraph 3 4 c (c)bird waste removal;
schedule 11 paragraph 3 4 d (d)cable remedial burial;
schedule 11 paragraph 3 4 e (e)array cable repairs;
schedule 11 paragraph 3 4 f (f)access ladder replacement;
schedule 11 paragraph 3 4 g (g)wind turbine generator anode replacement; and
schedule 11 paragraph 3 4 h (h)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 effects from those assessed in the environmental statement.
Extension of time periods
schedule 11 part 2 paragraph 4 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 inspection
schedule 11 part 2 paragraph 5 5.—(1) The undertaker must ensure that—
schedule 11 paragraph 5 1 a (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—
schedule 11 paragraph 5 1 a i (i)all agents and contractors notified to the MMO in accordance with condition 15; and
schedule 11 paragraph 5 1 a ii (ii)the masters and transport managers responsible for the vessels notified to the MMO in accordance with condition 15; and
schedule 11 paragraph 5 1 b (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—
schedule 11 paragraph 5 3 a (a)the undertaker’s registered address;
schedule 11 paragraph 5 3 b (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
schedule 11 paragraph 5 3 c (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—
schedule 11 paragraph 5 7 a (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
schedule 11 paragraph 5 7 b (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 the 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 scheme or any part thereof excluding the exposure of cables 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 cable 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.
Aids to navigation
schedule 11 part 2 paragraph 6 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—
schedule 11 paragraph 6 2 a (a)notice of commencement of construction of the authorised scheme within 24 hours of commencement having occurred;
schedule 11 paragraph 6 2 b (b)notice within 24 hours of any aids to navigation being established by the undertaker; and
schedule 11 paragraph 6 2 c (c)notice within five days of completion of construction of the authorised scheme.
(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
schedule 11 part 2 paragraph 7 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
schedule 11 part 2 paragraph 8 8.—(1) The undertaker must exhibit such lights, with such shape, colour and character and at such times as are required by Air Navigation Order 2016(1) 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—
schedule 11 paragraph 8 2 a (a)the date of the commencement of construction of the authorised scheme;
schedule 11 paragraph 8 2 b (b)the date any wind turbine generators are intended to be brought into use;
schedule 11 paragraph 8 2 c (c)the maximum height of any construction equipment to be used;
schedule 11 paragraph 8 2 d (d)the maximum height of any wind turbine generator to be constructed; and
schedule 11 paragraph 8 2 e (e)the latitude and longitude of each wind turbine generator and offshore substation 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 commissioned 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
schedule 11 part 2 paragraph 9 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
schedule 11 paragraph 10 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 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.
Pre-construction plans and documentation
schedule 11 paragraph 11 11.—(1) The authorised scheme or any part thereof must not commence until the following (insofar as relevant to that part) has been submitted to and approved in writing by the MMO, following consultation with (where relevant) Natural England, Trinity House and the MCA—
schedule 11 paragraph 11 1 a (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—
schedule 11 paragraph 11 1 a i (i)the proposed location, including grid co-ordinates of the centre point of the proposed location for each wind turbine generator, offshore substation permitted pursuant to licence 2 (transmission) and for the array periphery and choice of foundation types and depths for all wind turbine generators;
schedule 11 paragraph 11 1 a ii (ii)the number, specifications (including lighting protection) and dimensions of the wind turbine generators;
schedule 11 paragraph 11 1 a iii (iii)the proposed length location and arrangement of the array cables comprising Work No. 2;
schedule 11 paragraph 11 1 a iv (iv)the dimensions of all monopile foundations or multileg foundations;
schedule 11 paragraph 11 1 a v (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
schedule 11 paragraph 11 1 a vi (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. 1 and 2 and compliance with conditions 1 to 3;
schedule 11 paragraph 11 b (b)a construction programme to include details of—
schedule 11 paragraph 11 b i (i)the proposed construction start date;
schedule 11 paragraph 11 b ii (ii)proposed timings for mobilisation of plant delivery of materials and installation works; and
schedule 11 paragraph 11 b iii (iii)an indicative written construction programme for all wind turbine generators and array cable installation works comprised Work Nos. 1 and 2 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;
schedule 11 paragraph 11 c (c)a construction method statement in accordance with the construction methods assessed in the environmental statement including details of—
schedule 11 paragraph 11 c i (i)foundation installation methodology, including 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 where relevant;
schedule 11 paragraph 11 c ii (ii)advisory safe passing distances for vessels around construction sites;
schedule 11 paragraph 11 c iii (iii)advisory exclusion zones during any piling activities;
schedule 11 paragraph 11 c iv (iv)array cable installation method including a dredging protocol array cable installation works and minimisation of direct and indirect seabed disturbance footprint for the array cable;
schedule 11 paragraph 11 c v (v)any exclusion zones/environmental micrositing requirements for cable routing;
schedule 11 paragraph 11 c vi (vi)contractors;
schedule 11 paragraph 11 c vii (vii)vessels and vessels transit corridors;
schedule 11 paragraph 11 c viii (viii)associated ancillary works;
schedule 11 paragraph 11 c ix (ix)guard vessels to be employed; and
schedule 11 paragraph 11 c x (x)carbon measuring and reporting;
schedule 11 paragraph 11 d (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, to include details of—
schedule 11 paragraph 11 d i (i)a marine pollution contingency plan which accords with the outline marine pollution contingency plan comprising part of the outline project environmental management plan, to address the risks, methods and procedures to deal with any spills and collision incidents arising from the authorised scheme in relation to all activities carried out;
schedule 11 paragraph 11 d ii (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;
schedule 11 paragraph 11 d iii (iii)a marine biosecurity plan detailing how the risk of introduction and spread of invasive non-native species will be minimised; and
schedule 11 paragraph 11 d iv (iv)waste management and disposal arrangements;
schedule 11 paragraph 11 e (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 must include—
schedule 11 paragraph 11 e i (i)vessel traffic monitoring by automatic identification system for the duration of the construction period;
schedule 11 paragraph 11 e ii (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
schedule 11 paragraph 11 e iii (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;
schedule 11 paragraph 11 f (f)a vessel management plan including a code of conduct for vessel operators incorporating the Working in Proximity to Wildlife in the Marine Environment Protocol which shall apply, during both the construction and the operational lifetime of the authorised scheme;
schedule 11 paragraph 11 g (g)a fisheries liaison and co-existence plan which accords with the outline fisheries liaison and co-existence plan;
schedule 11 paragraph 11 h (h)a diver communication plan which accords with the outline diver communication plan;
schedule 11 paragraph 11 i (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 array cable laying operations;
schedule 11 paragraph 11 j (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;
schedule 11 paragraph 11 k (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;
schedule 11 paragraph 11 l (l)in the event that driven or part-driven pile foundations are proposed to be used—
schedule 11 paragraph 11 l i (i)the hammer energy used to drive or part-drive the pile foundations must not exceed—
schedule 11 paragraph 11 l i aa (aa)4,400kJ in respect of monopile foundations; and
schedule 11 paragraph 11 l i bb (bb)2,500kJ in respect of pin piles;
schedule 11 paragraph 11 l ii (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;
schedule 11 paragraph 11 m (m)a UXO marine mammal mitigation protocol which accords with the draft UXO marine mammal mitigation protocol;
schedule 11 paragraph 11 n (n)a cable specification and installation plan which accords with the outline cable specification and installation plan, to include—
schedule 11 paragraph 11 n i (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 burial depth in accordance with industry good practice;
schedule 11 paragraph 11 n ii (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;
schedule 11 paragraph 11 n iii (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 laying techniques, including cable protection;
schedule 11 paragraph 11 n iv (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;
schedule 11 paragraph 11 n v (v)proposals for monitoring array cables 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 cables; and
schedule 11 paragraph 11 n vi (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;
schedule 11 paragraph 11 o (o)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
schedule 11 paragraph 11 p (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 investigation has been submitted to and approved by the MMO, following consultation with 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—
schedule 11 paragraph 11 2 a (a)details of responsibilities of the undertaker, archaeological consultant and contractor;
schedule 11 paragraph 11 2 b (b)a methodology for further site investigation and surveys including any targets locations and specifications for geophysical geotechnical and diver or remotely operated vehicle investigations, removal of archaeological finds if required, and including for unexploded ordnance;
schedule 11 paragraph 11 2 c (c)archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO within six months of any survey being completed;
schedule 11 paragraph 11 2 d (d)delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones and/or micrositing prior to construction;
schedule 11 paragraph 11 2 e (e)monitoring of archaeological exclusion zones during and post construction;
schedule 11 paragraph 11 2 f (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;
schedule 11 paragraph 11 2 g (g)a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised scheme; and
schedule 11 paragraph 11 2 h (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 archaeological investigations and pre-commencement material operations which involve intrusive activities must only take place in accordance with a specific 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.
schedule 11 paragraph 12 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 authorised scheme or relevant part thereof, except where otherwise stated or 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—
schedule 11 paragraph 12 2 a (a)at least six months prior to the first survey, detail of any pre-construction surveys and an outline of all proposed monitoring;
schedule 11 paragraph 12 2 b (b)at least six months prior to construction, detail on construction monitoring; and
schedule 11 paragraph 12 2 c (c)at least six months prior to commissioning, detail of post-construction (and operational) monitoring.
(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—
schedule 11 paragraph 12 3 a (a)at least six months prior to the first survey, detail of any proposed pre-construction monitoring; and
schedule 11 paragraph 12 3 b (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 that 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
schedule 11 paragraph 13 13. The authorised scheme or relevant part thereof must not commence until (insofar as relevant to the part of the authorised scheme) an application has been made to the Secretary of State for a safety zone for the relevant activities pursuant to the 2004 Act.
Offshore safety management
schedule 11 paragraph 14 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 as appropriate to the authorised scheme 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
schedule 11 paragraph 15 15.—(1) The undertaker must provide the following information to the MMO—
schedule 11 paragraph 15 1 a (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
schedule 11 paragraph 15 1 b (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 licenced 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 relevant part of 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
schedule 11 paragraph 16 16.—(1) The undertaker must, in discharging condition 11(1)(j) in respect of 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—
schedule 11 paragraph 16 1 a (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
schedule 11 paragraph 16 1 b (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—
schedule 11 paragraph 16 2 a (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;
schedule 11 paragraph 16 2 b (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 outline in-principle monitoring plan;
schedule 11 paragraph 16 2 c (c)inform future navigation risk assessments as part of the cable specification and installation plan; and
schedule 11 paragraph 16 2 d (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 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—
schedule 11 paragraph 16 4 a (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;
schedule 11 paragraph 16 4 b (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
schedule 11 paragraph 16 4 c (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
schedule 11 paragraph 17 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
schedule 11 paragraph 18 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 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 array cable repair or replacement works, the undertaker must undertake a post installation survey along the section of array cable that has undergone repair or replacement undertaken to IHO Order 1a standard, to demonstrate the successful burial of the array 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—
schedule 11 paragraph 18 6 a (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;
schedule 11 paragraph 18 6 b (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
schedule 11 paragraph 18 6 c (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
schedule 11 paragraph 19 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
schedule 11 paragraph 20 20. Any monitoring report compiled in accordance with the monitoring plans provided under condition 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
schedule 11 paragraph 21 21. Following installation of array cables, 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
schedule 11 paragraph 22 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—
schedule 11 paragraph 22 a (a)the piling marine mammals mitigation protocol approved under condition 11(1)(l)(ii); and
schedule 11 paragraph 22 b (b)the sensitive features mitigation plan approved under condition 11(1)(k).
Reporting of cable protection
schedule 11 paragraph 23 23.—(1) Not more than four months following completion of the construction phase of the authorised scheme, 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—
schedule 11 paragraph 23 2 a (a)location of the cable protection;
schedule 11 paragraph 23 2 b (b)volume of cable protection; and
schedule 11 paragraph 23 2 c (c)any other information relating to the cable protection as agreed between the MMO and the undertaker.
Decommissioning
schedule 11 paragraph 24 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 conversation body for a decommissioning mammal protection protocol (Decommissioning MPP).
(2) The Decommissioning MPP must be implemented as approved.
Completion of construction
schedule 11 paragraph 25 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—
schedule 11 paragraph 25 1 a (a)the final number of installed wind turbine generators;
schedule 11 paragraph 25 1 b (b)a plan of the layout of installed wind turbine generators;
schedule 11 paragraph 25 1 c (c)latitude and longitude coordinates of the centre point of the location of each wind turbine generator provided as Geographical Information System data referenced to WGS84 datum;
schedule 11 paragraph 25 1 d (d)latitude and longitude coordinates of the inter array cable routes provided as Geographical Information System data referenced to WGS84 datum; and
schedule 11 paragraph 25 1 e (e)the installed wind turbine generator 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
schedule 11 paragraph 26 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—
term eastern array area “eastern array area” means the area identified as the eastern array area within the spawning herring piling restriction plan;
term outline 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
term herring spawning season “herring spawning season” means 1 November to 31 January inclusive.
Reporting of impact pile driving
schedule 11 paragraph 27 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—
schedule 11 paragraph 27 1 a (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
schedule 11 paragraph 27 1 b (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
schedule 11 paragraph 28 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.