{
  "url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-2/paragraph-25",
  "json_url": "https://openlegislation.uk/five-estuaries-offshore-wind-farm-order-2025/schedule-2/paragraph-25.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/2/paragraph/25",
  "kind": "paragraph",
  "number": "25",
  "heading": "Farmland bird compensation",
  "text": "(1) In this requirement—\n“compensation measure” means habitat creation or improvement designed to compensate for the loss and / or displacement of skylark and corn bunting territories as a result of the authorised development;\n“FBCP” means the farmland bird compensation plan for the delivery of the compensation measure;\n“Nature Restoration Fund” means the fund proposed to be established and operated by Defra pursuant to the Planning and Infrastructure Bill for the implementation of strategic mitigation and / or compensation measures or any equivalent fund established ... for that purpose; and\n“Nature Restoration Fund Payment” means a contribution to the Nature Restoration Fund to compensate for the loss and / or displacement of skylark and corn bunting territories as a result of the authorised development, the sum of which will be agreed with Defra or another organisation responsible for the operation of the Nature Restoration Fund.\n(2) No part of Work No. 15B is to commence until the undertaker has confirmed in writing to the Secretary of State that—\n(a) it will make a Nature Restoration Fund Payment wholly in substitution for the compensation measure and that it has received confirmation from Defra or the Nature Restoration Fund operator that suitable measures are available; or\n(b) it will submit a FBCP to the Secretary of State for approval.\n(3) If the undertaker confirms that it intends to make a Nature Restoration Fund Payment under sub-paragraph (2)(a) then no part of Work No. 15B is to commence until the Secretary of State has provided consent in writing to the Nature Restoration Fund Payment being made in substitution for the compensation measure and the undertaker has complied with any conditions specified by the Secretary of State.\n(4) Where the undertaker elects to submit a FBCP under sub-paragraph (2)(b), no part of Work No. 15B is to commence until the FBCP has been submitted to and approved by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the compensation measure is to be provided.\n(5) The FBCP (if required) must include—\n(a) an updated assessment of the impact, including loss and / or displacement of territories, that Work No. 15B is likely to have on skylark and corn bunting based on the detailed design of Work No. 15B;\n(b) a calculation of the quantum of compensation required to compensate for the impact identified in the updated assessment required under sub-paragraph (a);\n(c) the location(s) of where the compensation measure will be delivered and the ecological suitability of that location or locations, including details of the capacity and ability of the compensation areas to successfully compensate for the impact of the authorised development on skylark and corn bunting;\n(d) confirmation that the necessary landowner agreement(s) and approvals are in place, including a review mechanism to provide for the scenario where it is necessary to amend the location(s) where the compensation measure will be delivered;\n(e) an implementation timetable for delivery of the compensation measure, including any arrangements made with a third party for implementation of the compensation measure;\n(f) details of maintenance and biosecurity measures, including any contribution to be made to a third party for the ongoing management and maintenance of the compensation measure;\n(g) details for the ongoing monitoring and reporting of the effectiveness of the compensation measure including survey methods, survey programmes, success criteria, and timescales for the monitoring reports to be delivered under sub-paragraph (7);\n(h) details of any alternative and / or adaptive management measures, including details of the factors used to trigger any alternative and / or adaptive management measures; and\n(i) details of how monitoring and reporting data will be provided in the appropriate formats to the relevant Local Environmental Records Centre(s) and relevant ecological recording schemes, and any potential research collaborations.\n(6) Where the FBCP identifies the delivery of the compensation measure in collaboration with one or more third parties the details submitted pursuant to sub-paragraph (5) must identify how the effectiveness of the compensation measure and any requirement for alternative and / or adaptive management measures are to be attributed to the authorised development.\n(7) Results from the monitoring and reporting scheme referred to in sub-paragraph (5)(g) must be made publicly available and submitted at least annually to the Secretary of State, the relevant statutory nature conservation body, and the local planning authority for the area in which the compensation measure is to be provided. This must include details of the effectiveness of the compensation measure delivered. If the undertaker, or on receipt of a monitoring report, the Secretary of State, determines that the compensation measure delivered has been ineffective the undertaker must provide proposals for any alternative and / or adaptive management measures to address this. Any proposals to address the ineffectiveness of the compensation measure must thereafter be implemented by the undertaker as approved in writing by the Secretary of State in consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the compensation measure is to be provided.\n(8) The undertaker must implement the measures set out in the FBCP as approved by the Secretary of State, unless otherwise agreed by the Secretary of State following consultation with the relevant statutory nature conservation body and the local planning authority for the area in which the compensation measure is to be provided.\n(9) The compensation measure as approved in the FBCP must be maintained by the undertaker (or at its expense) for the operational lifetime of the authorised development and only decommissioned following approval in writing by the Secretary of State in consultation with the relevant statutory nature conservation body.\n(10) The FBCP approved under sub-paragraph (4) includes any amendments that may subsequently be approved in writing by the Secretary of State, including any amendments to the location(s) where the compensation measure will be delivered, as referred to in sub-paragraph (5)(c).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 Pt. 1 para. 25(1) omitted (6.10.2026) by virtue of The Five Estuaries Offshore Wind Farm (Correction) Order 2026 (S.I. 2026/1070), art. 1, Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 Pt. 1 para. 25 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/2/paragraph/25",
    "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."
}