The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

PART 1 North Norfolk Coast Special Protection Area / Greater Wash Special Protection Area: Delivery of measures to compensate for sandwich tern loss

1.  In this Part—

“Defra” means the Department for Environment, Food and Rural Affairs;

“the GW” means the site designated as the Greater Wash Special Protection Area;

“the NNC” means the site designated as the North Norfolk Coast Special Protection Area;

“Sandwich Tern Compensation Plan” means the relevant principles for Sandwich tern compensation set out in the document certified as the habitats regulations derogation provision of evidence, annex 2A - outline sandwich tern compensation implementation and monitoring plan for the purposes of this Order under article 37 (certification of plans and documents, etc.);

“Sandwich Tern CIMP” means the Sandwich tern compensation implementation and monitoring plan for the delivery of measures to compensate for the predicted loss of adult Sandwich tern from the NNC and GW as a result of the authorised development;

“the Strategic Compensation Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic compensation measures; and

“STCSG” means the Sandwich Tern Compensation Steering Group;

2.  The offshore works may not be commenced until a plan for the work of the STCSG has been submitted to and approved by the Secretary of State following consultation with the members of the STCSG. Such plan must include—

(a) terms of reference for the STCSG;

(b) details of the membership of the STCSG;

(c) details of the schedule of meetings, timetable for preparation of the Sandwich Tern CIMP and reporting and review periods; and

(d) the dispute resolution mechanism.

3.  Following consultation with the STCSG the Sandwich Tern CIMP must be submitted to the Secretary of State for approval, in consultation with the local planning authority, the MMO, Marine Scotland (where relevant) and the relevant statutory nature conservation body.

4.—(1) The Sandwich Tern CIMP must be based on the strategy for Sandwich tern compensation set out in the Sandwich Tern Compensation Plan and include the details set out in the paragraphs below.

(2) For the nesting habitat improvements and restoration of lost breeding range measures—

(a) details of where compensation measures will be delivered and the suitability of the site to deliver the measures;

(b) details of landowner agreements and sea bed access agreements, if relevant, demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the Sandwich Tern CIMP;

(c) details of the design of nesting habitat improvements and restoration of lost breeding range measures including how risks from avian or mammalian predation and unauthorised human access will be mitigated;

(d) an implementation timetable for the delivery of the nesting habitat improvements and restoration of lost breeding range measures that ensures all compensation measures are in place at least two years prior to the operation of any turbine forming part of the authorised development;

(e) details of the maintenance schedule for the measures;

(f) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures;

(g) provision for reporting to the Secretary of State, to include details of the use of the nesting habitat improvements by breeding Sandwich tern to identify barriers to success and target any adaptive management measures;

(h) minutes from all consultations with the STCSG;

(i) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the nesting habitat improvements and restoration of lost breeding range compensation measure or as an adaptive management measure for the purposes of paragraphs ‎4‎(2)‎(f) and ‎(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with the STCSG;

(j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the nesting habitat improvements and restoration of lost breeding range compensation measure or as an adaptive management measure for the purposes of paragraphs 4‎(2)‎(f) and ‎(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the other party in consultation with the STCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(k) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of compensation measures wholly or partly in substitution for the nesting habitat improvements and restoration of lost breeding range compensation measure or as an adaptive management measure for the purposes of paragraphs 4‎(2)‎(f) and ‎(g) of this Part of this Schedule. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph.

(3) For the measures to improve breeding success at SPA sites other than the NNC—

(a) details of where compensation measures will be delivered and the suitability of the site to deliver the measures;

(b) details of landowner agreements, if relevant, demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the Sandwich Tern CIMP;

(c) details of the design of the measures including how risks from avian or mammalian predation and unauthorised human access will be mitigated;

(d) an implementation timetable for the delivery of the measures that ensures all compensation measures are in place prior to the operation of any turbine forming part of the authorised development;

(e) details of the maintenance schedule for the compensation measures;

(f) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures;

(g) provision for reporting to the Secretary of State, to include details of the use of the measures by breeding Sandwich tern to identify barriers to success and target any adaptive management measures;

(h) minutes from all consultations with the STCSG;

(i) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the measures to improve breeding success at SPA sites other than the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(2)(f) and ‎(2)(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with the STCSG;

(j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the measures to improve breeding success at SPA sites other than the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(2)(f) and ‎(2)(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the party delivering the measures, in consultation with the STCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(k) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of compensation measures wholly or partly in substitution for the measures to improve breeding success at SPA sites other than the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(2)(f) and ‎(2)(g) of this Part of this Schedule. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph.

(4) For the predator management measure at the NNC—

(a) details of the scale and location where the compensation measures will be delivered;

(b) details of landowner agreements, if relevant, demonstrating how the land will be bought or leased and assurances that the land management will deliver the ecology objectives of the Sandwich Tern CIMP;

(c) details of the design of the measures;

(d) an implementation timetable for the delivery of the measures that ensures the compensation measures are in place prior to the operation of any turbine forming part of the authorised development;

(e) details of the maintenance schedule for the compensation measures;

(f) details of the proposed ongoing monitoring and reporting on the effectiveness of the measures, including: survey methods; success criteria; adaptive management measures; timescales for the monitoring and monitoring reports to be delivered; and details of the factors used to trigger alternative compensation measures and/or adaptive management measures;

(g) provision for reporting to the Secretary of State, to include details of the effectiveness of the measures in improving the success of breeding Sandwich tern to identify barriers to success and target any adaptive management measures;

(h) minutes from all consultations with the STCSG;

(i) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a contribution to the Strategic Compensation Fund wholly or partly in substitution for the predator management measure at the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(3)(f) and ‎(3)(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Strategic Compensation Fund in consultation with the STCSG;

(j) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the predator management measure at the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(3)(f) and ‎(3)(g) of this Part of this Schedule. The sum of the contribution to be agreed between the undertaker and the party delivering the measures, in consultation with the STCSG. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph; and

(k) provision for the option to be exercised by the undertaker, following consent in writing of the Secretary of State, to collaborate with another party in the delivery of compensation measures wholly or partly in substitution for the predator management measure at the NNC or as an adaptive management measure for the purposes of paragraphs 4‎(3)(f) and ‎(3)(g) of this Part of this Schedule. The Secretary of State shall consult with the relevant statutory nature conservation body prior to granting consent in terms of this paragraph.

5.  The undertaker shall not be required to undertake the nesting habitat improvements and the restoration of lost breeding range measures, the measures to improve breeding success at SPA sites other than the NNC, or the predator management measures to the extent that—

(a) following consent of the Secretary of State, a contribution to the Strategic Compensation Fund has been elected wholly in substitution for the nesting habitat improvements and restoration of lost breeding range measures for the purposes of paragraph ‎4(2)(i) of this Part of this Schedule, or in substitution for the measures to improve breeding success at SPA sites other than the NNC for the purposes of paragraph ‎4(2)(i) of this Part of this Schedule, or in substitution for the predator management measures for the purposes of paragraph ‎4(3)(i) of this Part of this Schedule;

(b) following consent of the Secretary of State, a financial contribution towards the establishment of compensation measures by another party has been elected wholly in substitution for the nesting habitat improvements and restoration of lost breeding range for the purposes of paragraph ‎4(2)(j) of this Part of this Schedule, or in substitution for the measures to improve breeding success at SPA sites other than the NNC for the purposes of paragraph ‎4(2)(j) of this Part of this Schedule, or in substitution for the predator management measures for the purposes of paragraph ‎4(3)(j) of this Part of this Schedule; or

(c) following consent of the Secretary of State, the undertaker has elected to collaborate with another party in the delivery of compensation measures wholly in substitution for the nesting habitat improvements and restoration of lost breeding range measures for the purposes of paragraph ‎4(2)(k) of this Part of this Schedule, or in substitution for the measures to improve breeding success at SPA sites other than the NNC for the purposes of paragraph ‎4(2)(k) of this Part of this Schedule, or in substitution for the predator management measures for the purposes of paragraph ‎4(2)(k) of this Part of this Schedule.

6.  The undertaker must implement the measures set out in the Sandwich Tern CIMP approved by the Secretary of State, unless otherwise agreed in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the relevant planning authority. In particular, no operation of any turbine forming part of the authorised development may begin until at least two years after the measures set out in the Sandwich Tern CIMP have been implemented.

7.  The undertaker shall notify the Secretary of State of completion of implementation of the measures set out in the Sandwich Tern CIMP.

8.  Results from the monitoring scheme must be submitted at least annually to the Secretary of State and the STCSG, including the relevant statutory nature conservation body. This must include details of the effectiveness of such measures. If the undertaker or, on receipt of the report, the Secretary of State, determines that the measures have been ineffective the undertaker must provide 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.

9.  The compensation measures implemented in accordance with the Sandwich Tern CIMP must not be decommissioned without written approval of the Secretary of State in consultation with the relevant statutory nature conservation body.

10.  The Sandwich Tern CIMP 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 Sandwich Tern CIMP must be in accordance with the principles set out in the Sandwich Tern 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 Sandwich Tern Compensation Plan.

11.  In the event of any conflict of inconsistency between the terms of the Sandwich Tern CIMP and the provisions of this Order, the provisions of this Order shall prevail.