Paragraph 28 Construction monitoringI1

The undertaker must, in discharging condition 22(1)(e), submit a construction monitoring plan or plans for that stage in accordance with the offshore in principle monitoring plan for written approval by the MMO in consultation with the relevant statutory nature conservation body, which must include details of any proposed construction monitoring, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must specify each survey’s objectives and explain how it will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement.

Subject to receipt from the undertaker of specific proposals pursuant to this condition the construction monitoring plan must include, in outline—

The undertaker must carry out the surveys agreed under sub-paragraph (1) and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing by the MMO in consultation with the relevant statutory nature conservation body.

In the event that the reports provided to the MMO under sub-paragraph (3) 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.