The Able Marine Energy Park Development Consent Order 2014

Mitigation site requirements

42.—(1) During the construction and operation of the authorised development, no storage, use of plant or other development is to take place—

(a) at a height greater than 3 metres from ground level within 70 metres of the North Killingholme Haven Pits Site of Special Scientific Interest; or

(b) at a height greater than 6 metres from ground level between 70 metres and 150 metres from the North Killingholme Haven Pits Site of Special Scientific Interest; or

(c) at a height greater than 9 metres from ground level between 150 metres and 200 metres from the North Killingholme Haven Pits Site of Special Scientific Interest; or

(d) at a height greater than 10 metres from ground level within the 60 metre operational buffer strip adjacent to Mitigation Area ‘A’ (identified in the terrestrial environmental monitoring and management plan),

unless otherwise agreed by the relevant planning authority in consultation with Natural England.

(2) Before any activity referred to in sub-paragraph (1) takes place on the Order land, the buffer areas referred to in sub-paragraph (1) must be clearly marked on-site (by pegs or otherwise) to the written satisfaction of the relevant planning authority.

(3) Noise resulting from the construction and operation of the authorised development must not exceed 65 dB (A) at the boundary of the North Killingholme Haven Pits Site of Special Scientific Interest, unless otherwise agreed by Natural England based on the findings of the monitoring programme and taking account of the noise level duration.

(4) Noise resulting from the construction and operation of the authorised development must not exceed 65 dB (A) anywhere in the core area of Mitigation Area ‘A’ (as specified in the terrestrial environmental monitoring and management plan), unless otherwise agreed by Natural England based on the findings of the monitoring programme and taking account of the noise level duration.

(5) The terrestrial environmental management and monitoring plan must include a monitoring programme to ensure compliance with the noise levels and the container storage locations and heights specified in this paragraph.