{
  "url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-11/paragraph-22",
  "json_url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-11/paragraph-22.json",
  "legislation": "uksi/2025/1376",
  "legislation_title": "The Five Estuaries Offshore Wind Farm Order 2025",
  "legislation_url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025",
  "path": "schedule/11/paragraph/22",
  "kind": "paragraph",
  "number": "22",
  "heading": "Pre-construction plans and documentation",
  "text": "(1) The licensed activities for each stage of construction of the authorised development must not commence until the following (insofar as relevant to that activity or stage of activity) has been submitted to and approved in writing by the MMO, in consultation with, where relevant, Trinity House, the MCA, in so far as it affects the Deep Water Routes the PLA, in so far as it affects the intertidal area, Essex County Council as the discharging authority for the purposes of Requirement 9 in Part 1 of Schedule 2 to the Order, the UK Hydrographic Office and the relevant SNCB—\n(a) a design plan, prepared in accordance with the offshore project design principles document at a scale of between 1:25,000 and 1:50,000, or in such other format as may be appropriate, including detailed representation on the most suitably scaled chart, which shows for the relevant stage—\n(i) the proposed location, including grid co-ordinates of the centre point of the proposed location for each offshore substation platform, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions discovered post approval under this condition and choice of foundation types for all offshore electrical installations;\n(ii) the dimensions of all offshore electrical installations to be installed, including any antennae;\n(iii) the length and arrangement of cables comprised in Work Nos. 2, 2A and 3;\n(iv) the type and dimensions of all foundations for the offshore substation platforms;\n(v) the proposed layout of all offshore electrical installations including any exclusion zones identified under sub-paragraph (2)(d); and\n(vi) any exclusion zones or micro-siting requirements identified in any mitigation plan pursuant to sub-paragraph (2)(d) or relating to any habitats of principal importance identified as part of surveys undertaken in accordance with condition 27,\nto ensure conformity with the description of Work Nos. 2, 2A and 3 and compliance with conditions 10, 11 and 12 above;\n(b) a construction programme to include details of—\n(i) the proposed construction start date;\n(ii) proposed timings for mobilisation of plant delivery of materials and installation works; and\n(iii) an indicative written construction programme for all offshore electrical installations and cable comprised in the works at paragraphs 2 and 3 of Part 1 (licensed marine activities) of this Schedule (insofar as not shown in sub-paragraph (ii) above),\nunless otherwise agreed in writing with the MMO;\n(c) a construction method statement in accordance with the construction methods assessed in the environmental statement and including details for the relevant stage of—\n(i) foundation installation methodology, including drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation and cable installation works and having regard to any mitigation scheme pursuant to sub-paragraph (1)(f);\n(ii) contractors; and\n(iii) associated ancillary works;\n(d) a project environmental management plan in accordance with the outline project environmental management plan covering the period of construction for the relevant stage to include details of—\n(i) a marine pollution contingency plan to address the risks, methods and procedures to deal with and report any spills and collision incidents of the authorised development in relation to all activities carried out;\n(ii) a chemical risk register to include information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance;\n(iii) a marine biosecurity plan detailing how the risk of introduction and spread of invasive non-native species will be minimised;\n(iv) waste management and disposal arrangements; and\n(v) a working in proximity to wildlife plan in accordance with the outline working in proximity to wildlife plan and including details of a best practice protocol for the protection of red throated divers restricting the laying of the electrical export cables forming part of Work No. 2(c) within, and in a 2km proximity to, the Outer Thames Estuary Special Protection Area between 1st November and 31st March (inclusive) in any year unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body following the submission by the undertaker of a red-throated diver deep water route mitigation strategy;\n(e) details of proposed pre-construction monitoring surveys, construction monitoring, post-construction monitoring and related reporting in accordance with conditions 27, 28 and 30;\n(f) in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol for that stage, in accordance with the outline marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals. The marine mammal mitigation protocol must include, following current best practice as advised by the relevant statutory nature conservation bodies, details of soft start procedures with specified duration periods and details of noise reduction methods through project design (primary measures) and deployment of noise abatement systems or noise reduction systems (secondary measures) that will be utilised to manage noise from those piling activities, including full details and justification for any mitigation chosen and / or excluded for deployment;\n(g) a cable specification and installation plan for the relevant stage which accords with the principles of the outline cable specification and installation plan, to include—\n(i) technical specification of offshore cables (including fibre optic cable) below MHWS within that stage, including a desk-based assessment of cable burial depth in accordance with good industry practice;\n(ii) a detailed cable laying plan for the Order limits within that stage, incorporating a 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 and Trinity House) to be taken to ensure existing and future safe navigation is not compromised or similar such assessment to ascertain suitable burial depths and cable laying techniques, including cable protection;\n(iii) proposals for the volume and areas of cable protection to be used for each cable crossing, and proposals for timing and methodology for reporting on actual volumes and areas post construction;\n(iv) proposals for the cable laying methodology, volume and areas of cable protection within the Margate and Long Sands special area of conservation, and proposals for timing and methodology for reporting on actual volumes and areas post construction, in accordance with the Margate and Long Sands SAC benthic mitigation plan; and\n(v) proposals for monitoring offshore cables including cable protection during the operational lifetime of the authorised development which includes a risk based approach to the management of unburied or shallow buried cables;\n(h) an aids to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House, to include details of how the undertaker will comply with the provisions of condition 17 relating to that stage for the lifetime of the authorised development;\n(i) an offshore monitoring plan for the relevant stage which accords with the principles set out in the offshore in-principle monitoring plan setting out the circumstances in which monitoring will be required and the monitoring to be carried out in such circumstances;\n(j) a navigation and installation plan for the relevant stage which accords with the principles set out in the outline navigation and installation plan;\n(k) a fisheries liaison and co-existence plan for the relevant stage which accords with the principles set out in the outline fisheries liaison and co-existence plan; and\n(l) a sediment disposal management plan for the relevant stage which accords with the principles set out in the outline sediment disposal management plan.\n(2) Subject to sub-paragraph (3), the licensed activities or any relevant stage of those activities must not commence unless no later than six months prior to the commencement a marine written scheme of archaeological investigation for the stage in construction has been submitted to and approved by the MMO in writing, in accordance with the outline marine written schemes of investigation, and in accordance with industry good practice, in consultation with the statutory historic body to include—\n(a) details of responsibilities of the undertaker, archaeological consultant and contractor;\n(b) a method statement for further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;\n(c) archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO within six months of any survey being completed;\n(d) delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones prior to construction;\n(e) monitoring of archaeological exclusion zones during and post construction, including provision of a report on such monitoring;\n(f) a requirement for the undertaker to ensure that a copy of any agreed archaeological report is deposited with the National Record of the Historic Environment, by submitting a Historic England OASIS (‘online access to the index of archaeological investigations’) form with a digital copy of the report within six months of completion of construction of the authorised development, and to notify the MMO that the OASIS form has been submitted to the National Record of the Historic Environment within two weeks of submission;\n(g) a reporting and recording protocol, designed in reference to the Offshore Renewables Protocol for Reporting Archaeological Discoveries as set out by the Crown Estate and reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised development; and\n(h) a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the offshore Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities.\n(3) Pre-construction archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a method statement produced under the written scheme of investigation specific to the relevant pre-construction activities (which must accord with the details set out in the outline marine written schemes of investigation) which has been submitted to and approved by the MMO in consultation with the statutory historic body.\n(4) In the event that driven or part-driven pile foundations are proposed to be used, the hammer energy used to drive or part-drive monopile foundations must not exceed 7,000kJ and the hammer energy used to drive or part-drive pin pile foundations must not exceed 3,000kJ.\n(5) No more than two main vessels may be engaged at any time in activities related to piling for the licenced activities. There will only be a maximum installation of two monopile foundations or 8 pin piles within a 24-hour period. It is possible for installation of the two piled foundations to occur concurrently i.e. within a 24-hour period at up to two locations within the area of Work No. 2 or up to two locations within the array. The two piled foundation locations may also be piled sequentially.\n(6) Percussive piling associated with wind turbine generator foundations, together with cable laying or seabed preparation must not take place between 1 November to 24 January (inclusive) in any year within the southern array area for the protection of spawning herring unless otherwise agreed in writing by the MMO. For the purposes of this condition “southern array area” means the area identified as having medium to high confidence in terms of suitability for herring spawning within the heatmapping exercise detailed within the Fish and Shellfish Ecology Technical Baseline Report.\n(7) The undertaker must, before submitting any pre-construction plans and documentation required under this condition, provide a copy of the plans and documentation to any other undertaker to whom part of the benefit of this Order has been transferred or leased pursuant to article 7 (benefit of the Order) of the Order.\n(8) The undertaker to whom part of the benefit of the Order has been transferred or leased pursuant to article 7 (benefit of the Order) must provide any comments on the plans and documentation to the undertaker within 14 days of receipt.\n(9) The undertaker must participate in liaison meetings as requested from time to time by the MMO in writing in advance and must consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence issued under this Order (including as varied or transferred).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 11 para. 22 in force at 8.1.2026, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1376/schedule/11/paragraph/22",
    "retrieved_at": "2026-10-28T21:07:51.328273+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}