The Hornsea Four Offshore Wind Farm Order 2023

PART 2 E+W+S KITTIWAKE COMPENSATION

3.  Following consultation with the H4 OOEG, the KCIMP must be submitted to the Secretary of State for approval in consultation with the MMO and relevant SNCB for the offshore compensation measure, and with the relevant local planning authority and relevant SNCB for any onshore measure (if such measure is required). The KCIMP must be based on the strategy for kittiwake compensation set out in the kittiwake compensation plan and include— E+W+S

(a) Details of the location where the compensation measure will be delivered and the suitability of the site to deliver the measures (including why the location is appropriate ecologically and likely to support successful compensation);

(b) in relation to an offshore structure, details of any relevant seabed agreement(s);

(c) details of the design of the artificial nesting structure(s) to provide nesting for at least 750 pairs of kittiwake in total; including the projected number of nests that will be accommodated on the structure, and how risks from predation and other perturbations have been designed out or mitigated;

(d) an implementation timetable for delivery of the artificial nesting structure, such timetable to ensure that the structure is in place to allow for at least four full kittiwake breeding seasons prior to operation of any turbine forming part of the authorised development. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 April in each year and ended on 30 September;

(e) details of the maintenance schedule for the artificial nesting structure;

(f) details for the proposed ongoing monitoring and reporting of the effectiveness of the measures including—

(i) survey methods;

(ii) survey programmes;

(iii) success criteria; and

(iv) timescales for the monitoring reports to be delivered;

(g) recording of H4 OOEG consultations and project reviews;

(h) details of any adaptive management measures, with details of the factors used to trigger any alternative and/or adaptive management measures; and

(i) monitoring should include annual monitoring of the number of birds colonising the site including sufficient detail to identify barriers to breeding success (including nesting attempts and nest productivity) and target alternative or adaptive compensation measures. Evidence of natal dispersal and colony interchange with the UK NSN and FFC kittiwake colony should be included. Information of any other seabirds attempting to and/ or successfully nesting on the ANS should also be recorded.

Commencement Information

I1 Sch. 16 para. 3 in force at 3.8.2023, see art. 1

4.  The undertaker must implement the measures set out in the KCIMP approved by the Secretary of State, unless otherwise agreed by the Secretary of State in consultation with the relevant SNCB, MMO and the relevant local planning authority. No operation of any turbine forming part of the authorised development may begin until the KCIMP has been approved by the Secretary of State and four full breeding seasons following the implementation of the measures set out in the KCIMP have taken place. For the purposes of this paragraph each breeding season is assumed to have commenced on 1 April in each year and ended on 30 September. E+W+S

Commencement Information

I2 Sch. 16 para. 4 in force at 3.8.2023, see art. 1

5.  The undertaker must notify the Secretary of State of completion of construction of the artificial nesting structure as set out in the KCIMP. E+W+S

Commencement Information

I3 Sch. 16 para. 5 in force at 3.8.2023, see art. 1

6.  Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the relevant SNCB. This must include any finding that the measures have been ineffective in securing an increase in the number of adult kittiwakes available to recruit into the FCC and in such case proposals to address this. Any proposals to address effectiveness must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body. E+W+S

Commencement Information

I4 Sch. 16 para. 6 in force at 3.8.2023, see art. 1

7.  The artificial nesting structure must not be decommissioned without prior written approval of the Secretary of State in consultation with relevant SNCB. The artificial nest structures shall be maintained beyond the operational lifetime of the authorised development if they are colonised, and routine and adaptive management measures and monitoring must continue whilst the artificial nesting structures are in place. E+W+S

Commencement Information

I5 Sch. 16 para. 7 in force at 3.8.2023, see art. 1

8.  The KCIMP approved under this Schedule includes any amendments that may subsequently be approved in writing by the Secretary of State. Any amendments to or variations of the approved KCIMP must be in accordance with the principles set out in the kittiwake compensation plan and may only be approved where it has been demonstrated to the satisfaction of the Secretary of State that it is unlikely to give rise to any materially new or materially different environmental effects from those considered in the kittiwake compensation plan. E+W+S

Commencement Information

I6 Sch. 16 para. 8 in force at 3.8.2023, see art. 1

9.  In the event of any conflict between the terms of the Order and the kittiwake compensation plan or the KCIMP then the provisions of this Order shall prevail. E+W+S

Commencement Information

I7 Sch. 16 para. 9 in force at 3.8.2023, see art. 1