OpenLegislation

Paragraph 17 Pre-construction monitoring and surveysI1

England, Wales and Scotland

(1)

The undertaker must in discharging condition 13(1)(f) for each stage of construction submit a monitoring plan or plans for that stage in accordance with an outline marine 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—

(a)

the survey proposals must be in accordance with the principles set out in the outline marine 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

(b)

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.

(2)

Subject to receipt from the undertaker of specific proposals pursuant to this condition, the pre-construction survey proposals must comprise, in outline—

(a)

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—

(i)

determine the location, extent and composition of any biogenic or geogenic reef features, as set out within the outline marine monitoring plan;

(ii)

inform future navigation risk assessments as part of the cable specification and installation plan; and

(iii)

inform the identification of any archaeological exclusion zone and post consent monitoring of any such archaeological exclusion zone;

(b)

any ornithological monitoring required by the ornithological monitoring plans submitted in accordance with condition 13(1)(j).

(c)

a bathymetric survey that meets the requirements of IHO S44ed5 Order 1a of the area within the following coordinates—

Development area node pointWGS84 UTM Zone 31N (metres)WGS84 (DMS)WGS84 (decimal degrees)
EastingNorthingLatitudeLongitudeLatitudeLongitude
1401818599248054° 4′ 16.157″ N1° 29′ 58.386″ E54.071151.49955
2411109598494454° 0′ 18.479″ N1° 38′ 37.320″ E54.005131.64370
3397695598562754° 0′ 31.626″ N1° 26′ 19.993″ E54.008781.43889
4397800597899253° 56′ 57.085″ N1° 26′ 33.766″ E53.949191.44271
5387657598357953° 59′ 17.868″ N1° 17′ 11.556″ E53.988301.28654
6401818599248054° 4′ 16.157″ N1° 29′ 58.386″ E54.071151.49955
(3)

The pre-construction survey(s) carried out pursuant to condition 17(2)(a)(ii) and 17(2)(c) must fulfil the requirements of MGN654 and its supporting ‘Hydrographic Guidelines for Offshore Renewable Energy Developer’ (as relevant).

(4)

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.

(5)

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 and UK Hydrographic Office as relevant.

Annotations

Commencement

I1

Sch. 11 para. 17 in force at 3.8.2023, see art. 1

Notes on the whole SI

Textual amendments

F1

Word in preamble substituted (31.1.2024) by The Hornsea Four Offshore Wind Farm (Correction) Order 2024 (S.I. 2024/117), art. 1(2), Sch.