Pre-construction plans and documentationE+W+S
8.—(1) The licensed activities may not commence until a plan setting out proposed details of the authorised scheme and including the following (insofar as relevant to that activity or phase of activity) has been submitted to and approved in writing by the MMO following appropriate consultation with Trinity House and the MCA—
(a)number, dimensions, specification, foundation types and depth for each offshore HVAC collector substation, offshore HVDC converter substation and offshore reactive compensation substation;
(b)grid co-ordinates of the centre point of the proposed location for each offshore HVAC collector substation, offshore HVDC converter substation and offshore reactive compensation substation, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions;
(c)proposed layout of all cables, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions; and
(d)location and specification of all other aspects of the authorised scheme, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions.
(2) The licensed activities, or any phase of those activities, may not commence until a code of construction practice incorporating the following (insofar as relevant to that activity or phase of activity) has been submitted to and approved in writing by the MMO—
(a)a construction and monitoring programme, to include details of—
(i)the proposed construction start date;
(ii)proposed timings for mobilisation of plant, delivery of materials and installation works; and
(iii)proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with Conditions 13, 14 and 15. The pre-construction survey programme and all pre-construction survey methodologies must be submitted to the MMO for written approval by the MMO in consultation with the relevant statutory nature conservation body at least 4 months before the commencement of any survey works detailed within;
(b)a construction method statement in accordance with the environmental statement, including details of—
(i)foundation installation, including any seabed preparation, drilling and disposal of arisings methods;
(ii)installation of offshore HVAC collector substations, offshore HVDC converter substations and offshore reactive compensation substations, including any seabed preparation and scour protection;
(iii)circuit installation, including any seabed preparation and circuit protection;
(iv)contractors;
(v)vessels; and
(vi)associated works;
(c)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 scheme in relation to all activities carried out seaward of MHWS. The plan must include a mechanism for reporting oil, fuel and chemical spills to the MMO Marine Pollution Response Team;
(ii)a chemical risk analysis to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;
(iii)a disposal plan detailing the locations, methods and timings of dredging and disposal, as well as disposal site monitoring requirements;
(iv)waste management and disposal arrangements;
(v)locations of any archaeological exclusion zones agreed as part of the written scheme of archaeological investigation approved under sub-paragraph (g);
(vi)any seasonal restrictions on construction works; and
(vii)the appointment and responsibilities of a fisheries liaison officer, an environmental liaison officer and an intertidal ecological clerk of works;
(d)a scour protection management and cable armouring plan providing details of the need, type, sources, quantity, location and installation methods for scour protection and cable armouring to be within the scope of the environmental impact assessment recorded in the environmental statement;
(e)in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol, the intention of which is to prevent injury and/or significant disturbance to marine mammals, following current best practice as advised by the statutory nature conservation bodies, which may include, but is not limited to—
(i)identification of a marine mammal mitigation zone (“MMMZ”);
(ii)appointment of an appropriate number of suitably qualified marine mammal observers;
(iii)methods for the detection of marine mammals within the MMMZ whether visually (by the marine mammal observers) or acoustically using passive acoustic monitoring equipment or other means of detection;
(iv)a reporting methodology to enable efficient communication between the marine mammal observers and the person responsible for approving commencement of piling;
(v)an appropriate soft start procedure whereby piling activities do not commence until an agreed time has elapsed and during which marine mammals have not been detected within the MMMZ;
(vi)where appropriate, methods for the application of acoustic deterrent devices; and
(vii)where appropriate, consideration of the use of noise reduction at source technologies;
(f)a cable specification and installation plan, to include—
(i)technical specification of offshore electrical circuits, including a desk-based assessment of attenuation of electro-magnetic field strengths, shielding and cable burial depth in accordance with industry good practice;
(ii)a detailed cable laying plan, including geotechnical data, cable laying techniques and a 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) to be taken to ensure existing and future safe navigation is not compromised;
(iii)details of the steps to be taken, where the offshore electrical circuits across the intertidal area are buried using trenching or ploughing to ensure that the excavation and subsequent backfilling is carried out in such a way as to maintain the sediment profile so far as is reasonably practicable; and
(iv)details of the steps to be taken, where the offshore electrical circuits across the intertidal area are installed using a trenchless technique;
(g)a written scheme of archaeological investigation in relation to the offshore Order limits seaward of MHWS in accordance with industry good practice, 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)analysis and reporting of survey data to be submitted to the MMO within 4 months of survey completion;
(iv)delivery of any mitigation including, where necessary, archaeological exclusion zones;
(v)monitoring during and post-construction, including a conservation programme for finds;
(vi)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 scheme;
(h)a proposed survey and reinstatement plan for Salicornia forming Annex 1 habitat in the parts of the offshore Order limits within which it is proposed to carry out construction works comprised in Work No. 5A, including the circumstances in which reinstatement will be required and the proposed methods of reinstatement;
(i)an offshore project maintenance plan to be submitted to the MMO at least 4 months before commencement of the operation of the licensed activities and to include provision for the review and resubmission of the plan every 3 years during the operational phase;
(j)an aids to navigation management plan specifying how the undertaker will ensure compliance with Condition 4 from the start of construction of the authorised scheme seaward of MHWS to the completion of decommissioning.
(3) Before the submission of the pre-construction plans and documentation required by this Condition, the undertaker must provide a copy of the plans and documentation to the other undertakers under the Order.
(4) The undertaker must participate in liaison meetings with other undertakers under the Order as requested from time to time by the MMO in writing in advance. The meetings must be chaired by the MMO and must consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence where it has an impact on the efficient operation of any other deemed marine licence issued under the Order (including as varied or transferred).
(5) Before giving its approval under paragraph (2), the MMO must—
(a)in relation to any programme or plan submitted under sub-paragraphs (a), (c), (d), (f), (h) or (i), consult the relevant statutory nature conservation body and the Environment Agency;
(b)in relation to any statement or protocol submitted under sub-paragraphs (b) or (e), consult the relevant statutory nature conservation body;
(c)in relation to a scheme submitted under sub-paragraph (g), consult Historic England; and
(d)in relation to a plan submitted under sub-paragraph (j), consult Trinity House.
(6) In the event that driven or part-driven pile foundations are proposed to be used, the MMO must not approve the plan referred to in paragraph (1) or the code referred to in paragraph (2) unless the MMO is satisfied, after consulting such persons as the Secretary of State may specify in relation to the plan or the part of the code specified by the Secretary of State (in addition to the persons with whom consultation is otherwise required under this Condition), that either the plan or code (or both of them) provide such mitigation as is necessary to avoid adversely affecting the integrity (within the meaning of the 2007 Regulations) of a relevant site, to the extent that marine mammals are a protected feature of that site.
(7) The mitigation referred to in paragraph (6) may include (without limitation)—
(a)seasonal restrictions to piling;
(b)scheduling of piling, having regard to previous, ongoing and future piling associated with other offshore developments, based on an updated assessment of cumulative impacts;
(c)the use of alternative foundation methodologies, such as jacket foundations (suction piles) or gravity base foundations;
(d)the use of noise reduction at source technologies;
(e)the use of other relevant technologies or methodologies that may emerge in the future.
(8) In paragraph (6), “relevant site” means—
(a)a European offshore marine site;
(b)a European site.
(9) For the purpose of paragraph (6)—
(a)the Southern North Sea possible Special Area of Conservation must be treated as a European offshore marine site until—
(i)that Area (or any part of it) becomes a European offshore marine site or a European site; or
(ii)it is decided that no part of that Area should be a European offshore marine site or a European site; and
(b)harbour porpoise must be treated as a protected feature of the Southern North Sea possible Special Area of Conservation.
(10) In this Condition—
“2007 Regulations” means the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007;
“disturbance” must be construed in accordance with regulation 39(1)(b) of the 2007 Regulations;
“European offshore marine site” has the meaning given in regulation 15 of the 2007 Regulations;
“European site” has the meaning given in regulation 24 of the 2007 Regulations;
“Southern North Sea possible Special Area of Conservation” means the Southern North Sea possible Special Area of Conservation as set out in the JNCC 2016 Harbour Porpoise Possible Special Area of Conservation Consultation dated January 2016.
Commencement Information
I1Sch. 9 para. 8 in force at 7.9.2016, see art. 1(2)