OpenLegislation

Paragraph 20 Pre-construction plans and documentationI1

England and Wales

(1)

The licensed activities or any phase of those activities must not commence until the following (insofar as relevant to that activity or phase of activity) have been submitted to and approved in writing by the MMO, in consultation with Trinity House, the MCA and UKHO as appropriate—

(a)

a design plan at a scale of between 1:25,000 and 1:50,000 in accordance with the layout principles, including detailed representation on the most suitably scaled admiralty chart, to be approved in writing by the MMO in consultation with Trinity House and the MCA setting out proposed details of the authorised scheme, including the—

(i)

number, dimensions, specification, foundation type(s) and depth for each wind turbine generator and offshore substation platform;

(ii)

the proposed layout of all wind turbine generators (which shall provide for two lines of orientation and otherwise be in accordance with the recommendations for layout contained in MGN654 and its annexes) and offshore substation platforms, including grid coordinates of the centre point of the proposed location for each wind turbine generator and offshore substation platform subject to up to 55m micro-siting in any direction unless otherwise agreed in writing with the MMO in consultation with the MCA and Trinity House;

(iii)

proposed layout of all cables;

(iv)

location and specification of all other aspects of the authorised scheme; and

(v)

any archaeological exclusion zones or micro-siting requirements identified pursuant to condition 20(2)(d) or relating to any benthic habitats of conservation, ecological or economic importance constituting reef habitats of principal importance as listed under Section 41 of the Natural Environment and Rural Communities Act 2006,

to ensure conformity with the description of Work No. 1 and compliance with conditions 10, 11 and 12.

(b)

A construction programme to include details of—

(i)

the proposed construction start date;

(ii)

proposed timings for mobilisation of plant delivery of materials and installation works;

(iii)

an indicative written construction programme for all wind turbine generators and offshore substation platforms forming part of the authorised scheme and licenced activities;

(c)

A monitoring plan (which accords with the offshore in principle monitoring plan) to include details of proposed pre-construction surveys, baseline report format and content, construction monitoring, post-construction monitoring and related reporting in accordance with conditions 27, 28 and 29 to be submitted to the MMO in accordance with the following—

(i)

at least six months prior to the first survey, detail of the pre-construction surveys and an outline of all proposed monitoring;

(ii)

at least six months prior to commencement of construction, detail on construction monitoring; and

(iii)

at least six months prior to completion of construction, details of operational monitoring, if required;

unless otherwise agreed in writing with the MMO.

(d)

an offshore construction method statement (which accords with the outline offshore construction method statement) in accordance with the construction methods assessed in the environmental statement, including details of—

(i)

cable specification, installation and monitoring, to include—

(aa)

the technical specification of the inter-array cables and interconnector cables;

(bb)

a detailed cable specification and installation plan for the authorised scheme, incorporating a cable burial risk assessment. The detailed cable specification and installation plan will identify the risk of needing any cable protection that may exceed 5 percent of navigable depth referenced to Chart Datum. In the event that any area of cable protection exceeding 5 percent of navigable depth is identified, the cable specification and installation plan will set out 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; and

(cc)

details of cable monitoring including details of cable protection until the authorised scheme is decommissioned which includes a risk based approach to the management of unburied or shallow buried cables;

(ii)

scour protection management and cable protection management including details of the need, type, sources, quantity and installation methods for scour protection and cable protection, with details updated and resubmitted for approval if changes to it are proposed following cable laying operations;

(iii)

foundation installation methodology, including drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation and cable installation works;

(iv)

piling methodology, in the event that driven or part-driven pile foundations are proposed to be used;

(v)

contractors;

(vi)

associated ancillary works; and

(vii)

guard vessels to be employed;

(e)

an offshore environmental management plan (which accords with the outline environment management plan) to include details of—

(i)

a marine pollution contingency plan to address the risks, methods and procedures to deal with any spills and collision incidents during construction and operation of the authorised scheme in relation to all activities carried out;

(ii)

a chemical risk assessment, including information regarding how and when chemicals are to be used, stored and transported in accordance with recognised best practice guidance and standards;

(iii)

a chemical risk assessment for all chemicals that have a pathway to the marine environment used for the marine licensed activities, outside the course of normal navigation, and are not present on the OSPAR List of Substances Used and Discharged Offshore which Are Considered to Pose Little or No Risk to the Environment (PLONOR) to be submitted to the MMO for approval no later than ten weeks prior to use of the chemicals and to include details of—

(aa)

the function of the chemical;  

(bb)

the quantities being used and the frequency of use;  

(cc)

the physical, chemical, and ecotoxicological properties;

(dd)

waste management and disposal arrangements;

F1(iv)

the appointment and responsibilities of a fisheries liaison officer;

(v)

a fisheries liaison and coexistence plan (which accords with the outline fisheries liaison and co-existence plan) to ensure relevant fishing fleets are notified of commencement of licensed activities pursuant to condition 15 and to address the interaction of the licensed activities with fishing activities;

(vi)

measures to minimise disturbance to marine mammals and rafting birds from transiting vessels; and

(vii)

measures to minimise the potential spread of invasive non-native species;

(f)

an aids to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House specifying how the undertaker will ensure compliance with condition 16 from the commencement of construction of the authorised scheme to the completion of decommissioning of the authorised scheme;

(g)

in the event that driven or part-driven pile foundations are proposed to be used a marine mammal mitigation protocol (in accordance with the outline marine mammal mitigation protocol), the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation body; and

(h)

a vessel traffic management plan (in accordance with the outline vessel traffic management plan).

(2)

The authorised scheme must not commence until a written scheme of archaeological investigation has been submitted to and approved by the MMO following consultation with the statutory historic body, in accordance with the outline offshore written scheme of investigation, and in accordance with industry good practice, following consultation with the statutory historic body to include—

(a)

details of responsibilities of the undertaker, archaeological consultant and contractor;

(b)

a methodology for further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;

(c)

archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO within four months of any survey being completed;

(d)

delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones;

(e)

monitoring of archaeological exclusion zones during and post construction where required;

(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 an 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 scheme, 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;

(g)

a reporting and recording protocol, including reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised scheme; and

(h)

a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities;

(3)

Pre-commencement surveys and archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a specific written scheme of investigation (which must accord with the details set out in the outline offshore written scheme of investigation), which has been submitted to and approved by the MMO.

Annotations

Textual amendments

F1

Sch. 3 para. 20(1)(ee)-(hh) renumbered as Sch. 3 para. 20(1)(e)(iv)-(vii) (9.4.2026) by The Morgan Offshore Wind Project Generation Assets (Correction) Order 2026 (S.I. 2026/441), art. 1, Sch.

Commencement

I1

Sch. 3 para. 20 in force at 22.9.2025, see art. 1