Paragraph 22 Pre-construction plans and documentation
The licensed activities for each stage of construction of the authorised development must not commence until the following (insofar as relevant to that activity or stage of activity) has been submitted to and approved in writing by the MMO, in consultation with, where relevant, Trinity House, the MCA, UK Hydrographic Office, relevant SNCB and (in relation to the cable specification and installation plan, the navigation and installation plan and the sediment disposal management plan (under paragraphs (h), (m) and (n)) only) the local harbour authorities—
A design plan at a scale of between 1:25,000 and 1:50,000, or in such other format as may be appropriate, including detailed representation on the most suitably scaled chart, to ensure conformity with the description of Work Nos. 2, 3 and 4A and compliance with conditions 10, 11, 12 and 13, which shows for the relevant stage—
the proposed location, including grid co-ordinates of the centre point of the proposed location for each offshore substation platform, subject to any micro-siting required due to anthropological constraints, environmental constraints or difficult ground conditions discovered post approval under this condition and choice of foundation types for all offshore platforms;
the dimensions of each offshore substation platform to be installed, including any antennae;
the length, depth and arrangement of cables comprising Work Nos. 2, 3 and 4A including cable crossings;
the type and dimensions of all foundations for the offshore substation platforms;
the proposed layout of all offshore substation platforms including any exclusion zones identified under sub-paragraph (2)(d); and
a construction programme for the relevant stage, unless otherwise agreed in writing with the MMO, to include details of—
the proposed construction start date;
proposed timings for mobilisation of plant delivery of materials and installation works; and
a construction method statement in accordance with the construction methods assessed in the environmental statement and including details for the relevant stage of—
foundation installation methodology, including drilling methods and disposal of drill arisings and material extracted during seabed preparation for foundation and cable installation works and cable installation works, and having regard to any mitigation scheme pursuant to paragraph (g);
contractors; and
associated ancillary works;
a project environmental management plan covering the period of construction for the relevant stage in accordance with the outline project environmental management plan to include details of—
a marine pollution contingency plan to address the risks, methods and procedures to deal with and report any spills and collision incidents of the authorised development in relation to all activities carried out;
a chemical risk register for all chemicals that have a pathway to the marine environment and may be used for the licensed activities (with the exception of any chemicals used in the course of normal navigation), submitted to the MMO for approval at least ten weeks prior to the use of such chemicals, to include details of—
the function of the chemicals;
the quantities being used and the frequency of use; and
the physical, chemical and ecotoxicological properties of the chemical (save for any chemicals present on the OSPAR List of Substances Used and Discharged Offshore which Are Considered to Pose Little or No Risk to the Environment (PLONOR);
a marine biosecurity plan detailing how the risk of introduction and spread of invasive non-native species will be minimised; and
waste management and disposal arrangements; and
details of a protocol for the protection of red throated divers restricting the laying of the offshore cables within, and in a 2km proximity to, the site designated as the Outer Thames Estuary Special Protection Area between 1 November and 31 March (inclusive) in any year unless otherwise agreed in writing with the MMO in consultation with the relevant SNCB;
a scour protection plan for the relevant stage providing details of the need, type, sources, quantity and installation methods for scour protection, which must be updated and resubmitted in writing for approval if changes to it are proposed following cable laying operations;
in the event that driven or part-driven pile foundations are proposed to be used, a marine mammal mitigation protocol (in accordance with the draft marine mammal mitigation protocol), the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant SNCB and which must include details of noise reduction methods through project design (primary measures) and/or, deployment of noise mitigation systems or noise abatement systems (secondary measures) that will be utilised to manage sounds from those piling activities and such protocol must include details and justification for the mitigation chosen or excluded for deployment;
a cable specification and installation plan for the relevant stage, in accordance with the outline cable specification and installation plan, to include—
technical specification of offshore cables (including fibre optic cable) below MHWS within that stage, including a desk-based assessment of attenuation of electromagnetic field strengths, shielding and cable burial depth in accordance with good industry practice;
a detailed cable laying plan for the Order limits within that stage, incorporating a burial risk assessment demonstrating compliance with condition 10(4);
a detailed cable laying plan for the Order limits within that stage, incorporating a burial risk assessment encompassing the identification of any cable protection that exceeds 5% of navigable depth referenced to Chart Datum (excluding the Areas of Interest where navigable depth may not be reduced) and, in the event that any area of cable protection exceeding 5% of navigable depth is identified (in areas other than the Areas of Interest), 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 or similar such assessment to ascertain suitable burial depths and cable laying techniques, including cable protection;
proposals for the volume, depth and areas of cable protection to be used for each cable crossing, and proposals for timing and methodology for reporting on actual volumes, actual depths and areas post construction; and
proposals for monitoring offshore cables including cable protection during the operational lifetime of the authorised development which includes a risk based approach to the management of unburied or shallow buried cables;
an aids to navigation management plan to be agreed in writing by the MMO following consultation with Trinity House, the MCA and the CAA to include details of how the undertaker will comply with the provisions of condition 17 relating to that stage for the lifetime of the authorised development;
an offshore monitoring plan for the relevant stage which accords with the principles set out in the outline offshore in-principle monitoring plan.
a fisheries liaison and co-existence plan for the relevant stage which must include details of any monitoring being undertaken and engagement with commercial fishery stakeholders and which accords with the principles set out in the outline fisheries liaison and co-existence plan;
a vessel traffic monitoring plan for the relevant stage which accords with the principles set out in the outline vessel traffic monitoring plan;
a navigation and installation plan for the relevant stage which accords with the principles set out in the outline navigation and installation plan and which must include details of any controls over RAM (Restricted Ability to Manoeuvre) vessels concurrently working within the area shown on the Deep Water Route Cable Installation Area (Future Dredging Depths) Plan coloured blue and labelled the Area For Controls For RAM Vessels ;
a sediment disposal management plan for the relevant stage which is in accordance with the principles set out in the outline sediment disposal management plan; and
no percussive piling may take place between 1st November to 31st January (inclusive) in any year for the protection of spawning herring unless otherwise agreed in writing with the MMO.
Subject to sub-paragraph (2), the licensed activities or any relevant stage of those activities must not commence unless no later than six months prior to the commencement a marine written scheme of archaeological investigation for the stage in construction has been submitted to and approved by the MMO in writing, in accordance with the outline offshore written scheme of investigation, and in accordance with industry good practice, in consultation with the statutory historic body to include—
details of responsibilities of the undertaker, archaeological consultant and contractor;
a method statement for further site investigation including any specifications for geophysical, geotechnical and diver or remotely operated vehicle investigations;
archaeological analysis of survey data, and timetable for reporting, which is to be submitted to the MMO within six months of any survey being completed;
delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones prior to construction;
monitoring of archaeological exclusion zones during and post construction, including provision of a report on such monitoring;
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 a Historic England 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 development, 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;
a reporting and recording protocol, designed in reference to the Offshore Renewables Protocol for Reporting Archaeological Discoveries as set out by the Crown Estate and reporting of any wreck or wreck material during construction, operation and decommissioning of the authorised development; and
a timetable for all further site investigations, which must allow sufficient opportunity to establish a full understanding of the historic environment within the offshore Order limits and the approval of any necessary mitigation required as a result of the further site investigations prior to commencement of licensed activities.
Pre-construction archaeological investigations and pre-commencement material operations which involve intrusive seabed works must only take place in accordance with a method statement produced under the written scheme of investigation specific to the relevant pre-construction activities (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 in consultation with the statutory historic body.
In the event that driven or part-driven pile foundations are proposed to be used, the hammer energy used to drive or part-drive monopile foundations must not exceed 6,000kJ and the hammer energy used to drive or part-drive pin pile foundations must not exceed 3,000kJ.
No more than two main vessels may be engaged at any time in activities related to piling for the licenced activities. There will only be a maximum installation of three monopiles foundations or six pin piles within a 24-hour period.
The undertaker must, before submitting any pre-construction plans and documentation required under this condition, provide a copy of the plans and documentation to any person to whom part of the benefit of the Order applying seaward of MHWS has been transferred or leased pursuant to article 5 (benefit of the order) of the Order.
A person receiving the plans and documents under sub-paragraph (6) must provide any comments on the plans and documentation to the undertaker within 14 days of receipt.
The undertaker must participate in liaison meetings as requested from time to time by the MMO in writing in advance and must consider such matters as are determined by the MMO relating to the efficient operation of a deemed marine licence issued under this Order (including as varied or transferred).