Paragraph 11 Cold weather construction restriction strategyI1
England, Wales and Scotland
No construction operations for any licensed activity are to commence until a cold weather construction restriction strategy is submitted to and agreed by the MMO in consultation with Natural England. The strategy must include the following—
A provision that no construction operations (other than to finish driving any pile that is in the process of being driven at the point that the cold weather restriction comes into force) within 200 metres of exposed mudflat and at least 200 metres seaward of mean low water springs may take place following seven consecutive days of zero or sub zero temperatures (where the temperature does not exceed zero degrees centigrade for more than six hours in any day or any other formula as may be agreed with the MMO to define short periods of thaw);
The establishment of three temperature monitoring points within the Humber Estuary;
A provision that if the construction restriction comes into effect as a consequence of cold weather conditions, it will be reviewed as follows—
after 24 hours of above freezing temperatures the restriction will be lifted on a temporary basis provided that the weather forecast relevant for the area including the Port of Immingham, (as agreed with the MMO) indicates that freezing conditions will not return within five days; and
after a further five clear days of above-freezing temperatures, the restrictions will be lifted entirely.
All licensed activities must be carried out in accordance with the cold weather construction restriction strategy approved pursuant to sub-paragraph (1), unless otherwise approved by the MMO.
Annotations
Commencement
- I1
Sch. 3 para. 11 in force at 27.2.2025, see art. 1