The Walney Extension Offshore Wind Farm Order 2014

Pre-construction plans and documentation E+W

11.—(1) The licensed activities shall not commence until the following have been submitted to and approved by the MMO and, in relation to paragraphs (a) to (g), (j) and (k), following consultation with Natural England. Each programme, statement, plan, protocol, scheme or other detail required to be approved under this condition must be submitted to the MMO for approval at least four months prior to the commencement of works, except where otherwise stated or unless otherwise agreed by the MMO—

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

(i) the proposed construction start date;

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

(iii) proposed pre-construction surveys/monitoring, baseline reporting format and content, construction surveys/monitoring, post-construction surveys/monitoring and related reporting in accordance with licence conditions 12 to 14;

(iv) a design plan at a scale of between 1:25,000 and 1:50,000, including detailed representation on the most suitable scaled Admiralty Chart, as agreed with the MMO, in consultation with Trinity House, the MCA and Natural England, which shows any archaeological exclusion zones identified under paragraph (h), and any exclusion zones and/or micrositing requirements identified in any mitigation scheme pursuant to paragraph (j); and

(v) proposed timings for the disposal of material produced during construction drilling and seabed preparation for foundation works;

(b) a plan to be agreed with the MMO in consultation with Trinity House and the MCA setting out proposed details of the authorised development, specifying the—

(i) number, specification(s) and dimensions of each WTG;

(ii) number, dimensions and foundation type(s) and depth for each WTG;

(iii) the grid coordinates of the centre point of the proposed location for each WTG;

(iv) proposed layout of all cables; and

(v) the proposed location(s) for the disposal of material produced during construction drilling and seabed preparation for foundation works;

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

(i) foundation installation, including any seabed preparation, drilling and disposal of arisings methods;

(ii) turbine installation, including any seabed preparation and scour protection;

(iii) cable installation, including cable protection;

(iv) protective coatings and paints as required under condition 8(2);

(v) contractors;

(vi) vessels and vessel transit corridors;

(vii) ancillary works; and

(viii) drilling methods and disposal of material produced during construction drilling and seabed preparation for foundation works;

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

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

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

(iii) a method statement for the taking of sediment samples;

(iv) waste management and disposal arrangements including a protocol covering potential finds of objects associated with the legacy of disposal at sea of material from the nuclear industry; and

(v) the appointment and responsibilities of a fisheries liaison officer and an environmental liaison officer;

(e) a scour protection management plan providing details of the need, type, sources, quantity and installation methods for scour protection;

(f) a marine mammal mitigation protocol, including a requirement for a soft start procedure, when driven or part-driven pile foundations are used;

(g) cable specification and installation plan in accordance with the methodology assessed in the environmental statement, to include—

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

(ii) a detailed cable laying plan for the Order limits seaward of MHWS, incorporating geotechnical data and a cable burial risk assessment to inform cable burial depths and cable laying techniques, including contingency measures, in the event cable burial is not achieved by the methods proposed in that plan;

(h) a written scheme of archaeological investigation in relation to the Order limits in accordance with industry good practice and developed in consultation with English Heritage to include—

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

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

(iii) a programme for the analysis and reporting of survey data, and timing, which is to be submitted to the MMO within four months of the survey being completed, unless otherwise agreed with the MMO;

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

(v) details of monitoring during and post construction, including a conservation programme for finds and publication of reports, developed in consultation with English Heritage, associated with the consented development;

(vi) details of methods for archiving of archaeological material; and

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

(i) a written scheme, developed in consultation with the Ministry of Defence, detailing any potential survey and/or construction vessel transit through, or temporary presence within, the Eskmeals firing range (Danger Areas D406 and D406B) associated with the construction of the authorised development and a communications protocol between the undertaker and the Ministry of Defence’s range controllers relating thereto;

(j) a mitigation scheme for any Annex I Habitat identified by the survey referred to in condition 12(2)(a);

(k) an offshore operations and maintenance plan that must be submitted to the MMO at least four months prior to commencement of the operation of the licensed activities and include provision for the review and resubmission of that plan every three years during the operational phase. The offshore operations and maintenance plan must include details of—

(i) information on the presence of Annex I Habitat as identified in condition 12(2)(a);

(ii) information on, including likely schedule of, corrective and preventative maintenance activities proposed during the operation of the licensed activities, as identified in the environmental statement and Schedule of Offshore Maintenance Activities;

(iii) a summary of the environmental impact of the activities listed under sub-paragraph (ii), as identified in the environmental statement and Schedule of Offshore Maintenance Activities, and having regard to sub-paragraph (i); and

(iv) the anticipated maintenance activities that exceed the frequency and/or scope of licensable activities identified in the environmental statement and Schedule of Offshore Maintenance Activities, and the proposed approach to the licensing of these activities,

and each programme, statement, plan, protocol, scheme or other detail required to be approved under this condition must be submitted to the MMO for approval at least four months prior to the commencement of works, except where otherwise stated or unless otherwise agreed by the MMO.

(2) The undertaker must ensure that a copy of any agreed archaeological report is deposited with the National Monuments Record, in accordance with the Online AccesS to the Index of archaeological investigationS (OASIS) system.

(3) The licensed activities must be carried out in accordance with any programme, statement, plan, protocol, scheme or other details approved under this licence condition, unless otherwise agreed by the MMO.

Commencement Information

I1 Sch. 9 Pt. 2 para. 11 in force at 28.11.2014, see art. 1