# The Associated British Ports (Immingham Eastern Ro-Ro Terminal) Development Consent Order 2024, Paragraph 12: Piling and marine construction works

Extent: E+W

(1) Subject to sub-paragraph (2) below, the piling of marine piles in connection with the authorised development shall be subject to the following conditions—
(a) There shall be at least a 20 minutes “soft start” period prior to the commencement of any piling; and
(b) The form of soft start shall be submitted to and agreed in writing by the MMO in consultation with Natural England on matters related to its functions prior to the commencement of piling.
(2) An active and mobile 500 metre marine mammals observation zone, the centre point of which will be the location of the particular marine pile being driven percussively, shall be created, and 30 minutes prior to the commencement of percussive piling a search must be undertaken of the zone, with the purpose of identifying whether any marine mammals enter the zone, and if such mammals are observed within the zone, percussive piling must not be commenced until the mammals have cleared the zone or until 20 minutes after the last visual detection, subject to sub-paragraph (4).
(3) An active and mobile 500 metre marine mammals observation zone, the centre point of which will be the location of the particular marine pile being driven percussively, shall be maintained during percussive piling with the purpose of identifying whether any marine mammals enter the zone and if such mammals are observed, percussive piling must cease until the mammals have cleared the zone and there is no further detection after 20 minutes.
(4) Where percussive piling is paused for any reason other than the detection of marine mammals, then recommencement of the percussive piling shall be subject to the provisions be paragraph (2) save for where the active and mobile 500 metre marine mammals observation zone has been observed throughout the period of the pause in operations and no such mammals were observed entering the zone, in which case percussive piling may be recommenced immediately.
(5) Wherever possible the undertaker will use vibro-piling methodology whilst it is recognised that percussive piling may be required to drive the piles to their ultimately required depth.
(6) The undertaker must use a noise suppression system consisting of a piling sleeve with noise insulating properties for percussive piling.
(7) Subject to sub-paragraph (8) below, the undertaker must ensure that no marine construction activity for the approach jetty, linkspan, innermost pontoon and the inner finger pier shall take place between 1 October and 31 March inclusive in any year located within 200 metres of the exposed intertidal mudflat.
(8) During the restricted period between 1 October and 31 March inclusive in any year, marine construction activity may be undertaken provided that at distances less than 200 metres of exposed intertidal mudflat provided that an acoustic barrier/visual screening is installed on both sides of any semi-completed structure and construction activity will then be undertaken on the approach jetty itself, behind the screens, with no use of large heavy plant.
(9) During the period between 1 October and 31 March inclusive in any year, the undertaker must ensure that on all floating construction barges an acoustic barrier/screening is placed on the side of the barges closest to the foreshore, and construction activity can only be undertaken from the side of the barge facing away from the foreshore.
(10) No piling of marine piles within the waterbody is to take place between 1 March and 31 March, 1 June and 30 June and 1 August and 31 October inclusive in any one calendar year after sunset and before sunrise on any day, save for any—
(a) piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water;
(b) emergency works; and
(c) piling operations that have been initiated where an immediate cessation of the activity would form an unsafe working practice.
(11) The undertaker must ensure that no percussive piling of marine piles within the waterbody shall take place between 1 April and 31 May inclusive in any one calendar year, save for any percussive piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water.
(12) Percussive piling of marine piles is to be restricted at other times as follows—
(a) from 1 June to 30 June inclusive in any year, the maximum duration of percussive piling permitted within any four-week period must not exceed—
(i) 140 hours where a single piling rig is in operation; or
(ii) 196 hours where two or more rigs are in operation; and
(b) from 1 August to 31 October inclusive in any year, the maximum duration of percussive piling permitted within any four-week period must not exceed—
(i) 140 hours where a single piling rig is in operation; or
(ii) 196 hours where two or more rigs are in operation,
save for any percussive piling of marine piles undertaken on exposed mudflat outside the water column at periods of low water and save for percussive piling operations that have been initiated where an immediate cessation of the activity would form an unsafe working practice.
(13) The measurement of time during each work-block described in sub-paragraph (12) of this licence must begin at the start of each timeframe, roll throughout it, then cease at the end, where measurement will begin again at the start of the next timeframe, such process to be repeated until the end of piling works.
(14) Percussive piling must only be carried out in accordance with the cold weather construction restriction strategy.

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Source: https://www.legislation.gov.uk/uksi/2024/1014/schedule/3/paragraph/12 (the official version)
Page: https://openlegislation.uk/associated-british-ports-immingham-eastern-ro-ro-terminal-development-consent-order-2024/schedule-3/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.