Paragraph 27 Pre-construction monitoring and surveysI1
England and Wales
The undertaker must in discharging condition 22(1)(e) for construction submit a monitoring plan in accordance with an offshore in principle monitoring plan for written approval by the MMO in consultation with the relevant statutory bodies, which must contain details of proposed surveys, including methodologies and timings, and a proposed format and content for a pre-construction baseline report and—
the survey proposals must be in accordance with the principles set out in the offshore in-principle monitoring plan and must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the post-construction position or will enable the validation or otherwise of key predictions in the environmental statement; and
the baseline report proposals must ensure that the outcome of the agreed surveys together with existing data and reports are drawn together to present a valid statement of the preconstruction position, with any limitations, and must make clear what post-construction comparison is intended and the justification for this being required.
Subject to receipt from the undertaker of specific proposals pursuant to this condition, the pre-construction survey proposals must comprise, in outline—
(a full sea floor coverage swath–bathymetry survey that meets the requirements of IHO S44ed5 Order 1a, of the Order limits and a buffer outside to—
determine the location, extent and composition of any biogenic or geogenic reef features, as set out within the offshore in-principle monitoring plan;
inform future navigation risk assessments as part of the cable specification and installation plan; and
inform the identification of any archaeological exclusion zone and post consent monitoring of any such archaeological exclusion zone;
a bathymetric survey that meets the requirements of IHO S44ed5 Order 1a of the area within the Order Limits within which it is proposed to carry out construction works.
The pre-construction survey(s) carried out pursuant to sub-paragraphs (2)(a)(ii) and (2)(b) must fulfil the requirements of MGN654 and its supporting ‘Hydrographic Guidelines for Offshore Renewable Energy Developer’ (as relevant).
The undertaker must carry out the surveys specified within the monitoring plan or plans in accordance with that plan or plans, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.
Following completion of a survey carried out pursuant to this condition and prior to construction of the relevant stage, the undertaker must provide a report and full density data of the survey outcomes to the MMO, the relevant statutory nature conservation body, the MCA, the PLA and UK Hydrographic Office as relevant.
In the event that the reports provided to the MMO under sub-paragraph (5) identify impacts which are unanticipated and/or in the view of the MMO in consultation with the relevant statutory nature conservation body are significantly beyond those predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment, an adaptive management plan to reduce effects to within what was predicted within the Environmental Statement, the Habitats Regulations Assessment, and the Marine Conservation Zone Assessment, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body, must be submitted by the undertaker. The adaptive management plan, intended to reduce effects to an agreed suitable level, must be approved in writing by the MMO in consultation with the relevant statutory nature conservation body. Any such approved alternative and/or adaptive management must be implemented and monitored in full. In the event that this alternative and/or adaptive management requires a separate consent, the undertaker must apply for such consent. Where a separate consent is required to undertake the approve alternative and/or adaptive management, the undertaker shall only be required to undertake the alternative and/or adaptive management once the consent is granted.
Any monitoring report compiled in accordance with the monitoring schemes required under sub-paragraph (1) must be made publicly available and submitted (where relevant) to The Crown Estate Marine Data Exchange, the relevant Local Environmental Records Centre, and any relevant environmental recording schemes no later than six months following completion of the monitoring, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.
Annotations
Commencement
- I1
Sch. 11 para. 27 in force at 8.1.2026, see art. 1