# The North Falls Offshore Wind Farm Order 2026, Paragraph 31: 31. Farmland Bird Compensation


(1) No part of Work No. 11 must be commenced until a FBCP has been submitted to and approved by the Secretary of State in consultation with the local planning authority for the area in which the compensation measure is to be provided.
(2) The FBCP must include—
(a) an updated assessment of the impact (if any) that Work No. 11 is likely to have on corn bunting based on the detailed design of Work No. 11 to include loss or displacement of territories;
(b) where off-site habitat compensation is proposed to be taken forward to offset any impact identified in the updated assessment required under sub paragraph (a)—
(i) a calculation of the quantum of compensation required to offset any impact identified in the updated assessment required under sub-paragraph (a) to be proportionate to the scale of likely impact;
(ii) the location(s) where the compensation measures will be delivered and the suitability of that location or locations (including why the location(s) is appropriate ecologically and likely to support successful compensation), and confirmation that the necessary landowner agreement(s) are in place, including a review mechanism to provide for the scenario where it is necessary to amend the location(s) where the compensation measures will be delivered;
(iii) details of the capacity and ability of the compensation areas to compensate for the impact of the authorised development on corn bunting;
(iv) an implementation timetable for delivery including any arrangements made with a third party for implementation of the measures;
(v) details for the ongoing management and maintenance of the compensation measures;
(vi) details for the ongoing monitoring and reporting of the effectiveness of the compensation measures identified in the FBCP including survey methods, survey programmes, success criteria, and timescales for the monitoring reports to be delivered;
(vii) details of any adaptive management measures, with details of the factors used to trigger any alternative and/or adaptive management measures; and
(viii) details of how survey and monitoring data will be shared in the appropriate formats with the relevant Local Environmental Records Centre(s) and relevant national/regional environmental recording schemes, and any potential research collaborations;
(c) provision for the option to be exercised by the undertaker, following consent in writing from the discharging authority, to pay a financial contribution to the Nature Restoration Fund wholly or partly in substitution for the provision of off-site habitat compensation or as an adaptive management measure for the purposes of sub-paragraph (b)(vii) above. The sum of the contribution is to be agreed between the undertaker and Defra or other Government body responsible for the operation of the Nature Restoration Fund;
(d) provision for the option to be exercised by the undertaker, following consent in writing from the discharging authority, to pay a financial contribution towards the establishment of compensation measures by another party wholly or partly in substitution for the provision of off-site habitat compensation or as an adaptive management measure for the purposes of sub-paragraph (b)(vii) above. The sum of the contribution is to be agreed between the undertaker and the discharging authority; and
(e) provision for the option to be exercised by the undertaker, following consent in writing from the discharging authority, to collaborate with another party in the delivery of compensation measures wholly or partly in substitute for the provision of off-site habitat compensation or as an adaptive management measure for the purposes of sub-paragraph (b)(vii) above.
(3) The undertaker must implement the measures set out in the FBCP approved by the discharging authority, unless otherwise agreed by the discharging authority following consultation with the local planning authority for the area in which the compensation measure is to be provided.
(4) Results from the monitoring and reporting scheme referred to in paragraph (2)(b)(vi) must be submitted to the discharging authority in accordance with the approved FBCP and any adaptive management measures (if any are required) referred to in paragraph 2(b)(vii) must be implemented by the undertaker in accordance with the approved FBCP.
(5) The FBCP approved under paragraph (1) includes any amendments that may subsequently be approved in writing by the discharging authority, including any amendments to the location where the compensation measures will be delivered as referred to in paragraph (2)(b)(ii).
(6) This requirement ceases to have effect on the date that the onshore decommissioning of the authorised development is commenced.
(7) In this requirement—
(a) “Defra” means the Department for Environment, Food and Rural Affairs;
(b) “FBCP” means Farmland Bird Compensation Plan; and
(c) “Nature Restoration Fund” means any fund established by Defra or a Government body for the purpose of implementing strategic mitigation measures to offset the adverse environmental impacts from development.

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Source: https://www.legislation.gov.uk/uksi/2026/567/schedule/1/paragraph/31 (the official version)
Page: https://openlegislation.uk/north-falls-offshore-wind-farm-order-2026/schedule-1/paragraph-31
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.