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Hearing Document 1 – Burbo Bank Extension Offshore Wind Farm Order

BURBO BANK EXTENSION OFFSHORE WIND FARM

DONG Energy Burbo Extension (UK) Ltd.

Appendix 3 Schedule of Changes to the Development Consent Order (Version 3 – January 2014) for the proposed Burbo Bank Extension Offshore Wind Farm Order

Planning Inspectorate Reference: EN010026 Version: Final 6 January 2014 (submitted for Deadline IV of 7 January)

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Burbo Bank Offshore Wind Farm Schedule of changes to the Development Consent Order (Version 2) (as at 7 January 2014)

Changes made in Version 2

Changes made in Version 3

Section

Consultee

Comments from consultee

Change made

Interpretation (Article 2)

N/A

General

Inclusion of definition for deemed generation assets marine licence and deemed transmission assets marine licence to reflect additional wording in Article 6 (Benefit of the Order); inclusion of definition of Secretary of State Minor amendments to definitions for consistency and clarity.

Definition of “maintain”

The definition of maintain has been amended as follows: “maintain” includes inspect, maintain, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works in Part 2 of Schedule 1 (ancillary works) and any component part of any wind turbine generator or offshore substation described in Part 1 of Schedule 1 (authorised development) (including replacement of defective subsea cables but not including the alteration removal or replacement of foundations) to the extent assessed in the environmental statement; and “maintenance” shall be construed accordingly; The definition of maintain has been further amended as follows: “maintain” includes inspect, maintain, repair, adjust and alter, and further includes remove, reconstruct and replace any of the ancillary works in Part 2 of Schedule 1 (ancillary works) and any component part of any wind turbine generator or offshore substation described in Part 1 of Schedule 1 (authorised development) (including replacement of defective subsea cables but not including the alteration removal or replacement of foundations) to the extent assessed in the environmental statement; and “maintenance” shall be construed accordingly;

Article 6 (Benefit of the Order)

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MMO

“The MMO wish to raise an issue in relation to the potential for splitting the deemed marine licence within the DCO. The MMO are a prescribed consultee to PINS for Nationally Significant Infrastructure Projects, and as such are unable to state what is or isn’t permissible under the Planning Act 2008 (PA).

Additional wording has been inserted in Article 6 (Benefit of the Order) as follows: (1)

Except as provided for by this article, section 156(1) of the 2008 Act applies to grant of development consent by this Order. Subject to the provisions of this article, the undertaker may with the consent of the

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Consultee


Change made

…

Secretary of State who would be responsible for determining an application for development consent within the subject matter of this Order—

The MMO is highlighting, that based upon MCAA, should the applicant seek to transfer partial benefits of the DML (i.e. split the DML), this is not permissible.”

(a)

transfer to another person ("the transferee") any or all of the benefit of the provisions of this Order (excluding the deemed marine licences referred to in (3) below) and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b)

grant to another person ("the lessee") for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order (excluding the deemed marine licences referred to in (3) below) and such related statutory rights as may be so agreed except where paragraph (5) applies in which case no such consent shall be required.

… (3) The undertaker may with the written consent of the MMO— (a)

where an agreement has been made in accordance with paragraph 1(a), transfer to the transferee the whole of the deemed generator assets marine licence and/or the whole of the deemed transmission assets marine licence and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b)

where an agreement has been made in accordance with paragraph 1(b), grant to the lessee, for the duration of the period mentioned in paragraph 1(b), the whole of the deemed generator assets marine licence and/or the whole of the deemed transmission assets marine licence and such related statutory rights as may be so agreed.

except where paragraph (5) applies, in which case no such consent shall be required. (4) Where the undertaker has transferred any benefit and/or a deemed marine licence, or for the duration of any period during which the undertaker has granted any benefit and/or a deemed marine licence under paragraph (1) or (3)—

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(a)

the benefit and/or a deemed marine licence transferred or granted ("the transferred benefit") shall include any rights that are conferred, and any obligations that are imposed by virtue of the provisions to which the transferred benefit relates;

(b)

the transferred benefit shall reside exclusively with the transferee or, as the case may be, the lessee and the transferred benefit shall not be enforceable against the undertaker save in the case of a deemed marine licence transferred or granted in respect of any breach of an

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Consultee


Change made obligation by the undertaker which occurs prior to such transfer or grant. (5) This paragraph applies where the transferee or lessee under paragraph (1) or (3) is the holder of a licence under section 6 of the Electricity Act 1989. (6) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) or (3) shall be subject to the same restrictions, liabilities, obligations and undertakings as would apply under this Order if those benefits or rights were exercised by the undertaker. (7) Where paragraph (5) applies— (a)

the undertaker shall provide written notification to the Secretary of State prior to transferring and/or granting any benefit under paragraph (1); and

(b)

the undertaker shall provide written notification to the MMO prior to transferring and/or granting any deemed marine licence under paragraph (3).

Article 9 (Deemed marine licence under the Marine and Coastal Access Act 2009)

MMO

See comments in relation to Article 5 (Benefit of the Order).

Amendments have been made to Article 9 to reflect the split of the marine licence into two, being the generation assets marine licence and the transmission assets marine licence.

Article 11 (Crown rights)

The Crown Estate

“In the light of our experience with other projects and their development consent orders we have revised the drafting of the Crown Rights clause. This has been done in particular to deal with the application of Section 135 of the Planning Act 2008, with respect to rights in Crown Land.“

Article 11 (Crown rights) has been amended as follows: (1)

Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown or and in particular, nothing in this Order authorises the undertaker— (a)

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to take, use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)— (i)

belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

(ii)

belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

(iii)

belonging to a government department or held in trust for Her Majesty for the purposes of a government department

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Consultee


Change made without the consent in writing of that government department; or (b)

(2)

Schedule 1 (Authorised Project), Part 1 (Authorised Development)

MMO

Comments from the MMO to limit “associated development” to what has been assessed in the ES and the provisions of the DMLs.

to exercise any right under this Order compulsorily to acquire an interest in any land which is Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown without the consent in writing of the appropriate Crown authority (as defined in the 2008 Act).

A consent under paragraph (1)(b) may be given unconditionally or may be subject to such conditions or upon such terms as may be considered necessary or appropriate; and shall be deemed to have been given in writing where it is sent electronically.

The text in the works description has been amended as follows: and in connection with such Work Nos. 1 to 3 and to the extent that they do not otherwise form part of any such work, further associated development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised project and which fall within the scope of the work assessed by the environmental statement and the provisions of the deemed marine licences. This amendment has also been made in the DMLs.

Schedule 1 (Authorised Project), Part 3 (Requirements), Requirements 7 - 15

MMO

Request to relocate / replicate this with the DMLs.

These requirements have been moved to the DMLs. The Interpretation section has also been removed as these related to requirements 7-15.

Requirement 6 (Lighting)

MMO

The MMO has requested that this requirement be moved back to the Requirements section of the DCO.

Requirement 6 (Lighting) has been moved back to the DCO.

Requirement 8 (Navigational radar scheme at the Port of Liverpool)

Port of Liverpool

A Requirement has been included to secure mitigation in relation to the impact on the primary surveillance radar at the Airport.

The following Requirement has been included: (1)

No construction of any wind turbine generator forming part of the authorised development shall commence until the Secretary of State having consulted with the Operator is satisfied that appropriate mitigation will be implemented and maintained for the life of the authorised development and that arrangements have been put in place with the Operator to ensure that such appropriate mitigation is implemented.

(2)

For the purposes of this requirement— “appropriate mitigation” means a navigational radar scheme to prevent or remove any adverse impacts which the operation of the authorised

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Section

Consultee


Change made development will have on the Operator’s ability to provide safe navigation within the limits of the Port of Liverpool during the lifetime of the authorised development; “Operator” means Mersey Docks and Harbour Company Limited incorporated under the Companies Act (07438262) whose registered office is Maritime Centre, Port of Liverpool, Liverpool, Merseyside L21 1LA or such other organisation as is authorised from time to time under Docks and Harbours Act 1972 to provide safe navigation within the limits of the Port of Liverpool. The undertaker shall thereafter comply with all other obligations contained within the approved mitigation for the duration of the operation of the authorised development.

Schedule 2 (Deemed licence under Marine and Coastal Access Act 2009 – generator assets) and Schedule 3 (Deemed licence under Marine and Coastal Access Act 2009 – transmission assets)

MMO

See MMO’s comments on transfer of the marine licence.

Amendments have been made to split the marine licence into generation assets marine licence (Schedule 2) and the transmission assets marine licence (Schedule 3). The generation assets marine licence comprises Work No. 1 and the transmission assets marine licence comprises Work Nos. 2 and 3. The interpretation section, parameters in conditions 1-4, wording regarding notices in condition 5(8) and references to the other Schedule in condition 8 reflect this split.

Schedule 2, Part 1.1(3) states that all co-ordinates shall be taken to be latitude and longitude to two decimal places. However, all co-ordinates within the DML are given to three decimal places.

Revised coordinates have been provided.

N/A

Change reference to “authorised development” to “authorised scheme” in the DMLs to reflect the definition used.

This amendment has been made.

Interpretation (Article 2)

N/A

General

Minor amendments to definitions for consistency and clarity.

Section 2 (Details of licensed marine activities)

N/A

The volume of drill arisings to be disposed has been split between generation and transmission assets DMLs.

The disposal amounts have been split in Section 2(1)(d) as follows: Generation assets DML: (d)

the disposal of up to 828,000 m3 of inert material of natural origin produced during the drilling installation of monopiles or jacket foundations for Work No. 1 at disposal site reference [●].

Transmission assets DML: (d)

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the disposal of up to 12,000m3 of inert material of natural origin produced during the drilling installation of monopiles or jacket foundations for Work No. 2 at disposal site reference [●].

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Section

Consultee


Change made

Section 5 (Details of licensed marine activities)

N/A

See the Applicant’s comments above on transfer of the marine licence.

The following has been added to reflect the splitting of the marine licence:

Part 2 (Conditions), Conditions 1-4 (Design parameters)

MMO

The MMO has requested that disposal volumes (dredged material) are included, as well as the quantified worst case volumes of scour protection for foundations and for cables.

The following wording has been added to Condition 4(4) (generation marine licence):

5.

(4)

The provisions of Section 72 of the 2009 Act shall apply to this licence save that the provisions of Section 72(7) relating to the transfer of the licence shall only apply to a transfer not falling within article 6(benefit of the Order).

The total amount of scour protection for the WTGs forming part of the authorised development shall not exceed 1,552,500m3.

And (transmission marine licence): (4)

The total amount of scour protection for the offshore substation forming part of the authorised development shall not exceed 22,500m3.

Condition 5(5) (Notifications and inspections)

MMO

“The MCA has no enforcement powers under the MCAA, therefore reference to MCA should be removed.”

The words “or MCA” in Condition 5(5) have been removed.


MMO

The MMO suggests including “a second notice to mariners is issued advising of the start date of Work No. 3 (subsea export cables) and the route of the subsea export cables within at least 10 working days prior to commencement of activity”.

Condition 5(8) in Schedule 3 has been amended as follows (and removed from Schedule 2) :


MMO

“Notification to the Hydrographic Office needs to be within 2 weeks of commencement and 2 weeks of completion.”

Condition 5(10) is amended as follows:

Condition 5A (Navigational practice, safety and emergency response); Condition 5B (Aids to navigation); Condition

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MMO

Request to relocate / replicate this with the DMLs.

(b)

a second notice to mariners is issued advising of the start date of at least 10 working days prior to the commencement of Work No.3 (subsea export cables) advising of the start date of Work No. 3 and the route of the subsea export cables.

(a)

the Hydrographic Office of both the commencement (within two weeks), progress and completion (within two weeks) of the authorised scheme in order that all necessary amendments to nautical charts are made;

(b)

the MMO, MCA and Trinity House within two weeks once the authorised scheme is completed and any required lighting or marking has been established.

These requirements have been moved to the DMLs. Condition 5C appears in the generation marine licence only.

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Section

Consultee


Change made

Trinity House

Amendments to wording requested on other projects to Condition 5B(1).

Condition 5B(1) has been updated as follows:

Trinity House

Amendments to wording requested on other projects to remove wording “in writing” from Condition 5B(4)


N/A

Applicant’s amendments to make the condition more precise.

Condition 5B has been amended as follows:

5C (Lighting) Condition 5B (Aids to navigation)

The undertaker shall at or near the authorised development during the whole period of the construction, operation, alteration, replacement or decommissioning of the authorised development scheme exhibit such lights, marks, sounds, signals and other aids to navigation, and take such other steps for the prevention of danger to navigation, as Trinity House may from time to time direct in writing.

(2)

Applicant amendments to remove duplication with Condition 5.

The undertaker shall ensure that timely and efficient notices to mariners and other navigational warnings of the position and nature of the authorised development scheme seaward of MHWS, are issued during and after the period of construction, alteration, replacement or decommissioning of the authorised development scheme, such information to be promulgated to mariners in the shipping and fishing industry as well as to recreational mariners in accordance with conditions 5(8) and (9).

Condition 5B has been amended as follows: (5)

The undertaker shall notify the UK Hydrographic Office, in writing, of the progress and completion of the authorised development seaward of MHWS.

Condition 5C(3) (Lighting)

Civil Aviation Authority

Request a change from Air Navigation Order 2005 to 2009


Condition 6(2) (Chemicals, drilling and debris)

MMO

The MMO has suggested in relation to other DCOs that this should be changed to the following: “The undertaker shall ensure that any coatings / treatments are suitable for use in the marine environment and are used in accordance with guidelines approved by Health and Safety Executive and the Environment Agency Pollution Prevention Control Guidelines”.

Condition 6(2) has been amended as follows:

Conditions 6(9) and (10) (Chemicals, drilling and debris)

N/A

These conditions have been removed as they relate to disposal.

Conditions 9 and 10 have been removed.

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The undertaker shall ensure that any coatings/treatments are suitable for use in the marine environment and are used in accordance with best environmental practice (for example, guidelines approved by the Health and Safety Executive or the Environment Agency Pollution Prevention Control Guidelines.

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Consultee


Change made


MMO

To ensure there is no impact from pollutants or increased sediment concentrations, the MMO requests the addition of the following condition in this section: “The undertaker shall ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.”

The following wording has been added to Condition 6:


MMO

To manage the associated navigational risks associated with rock transhipment and the potential loss of material that could cause hazard to other sea users. The MMO requests that the following condition be added to this section: The undertaker must ensure that any rock misplaced/lost below MHWS are reported to the District Marine Office within 48 hours, and located and recovered.



MMO

To ensure there is no impact from waste concrete or cement works, the MMO requests that addition of the following condition in this section: “The undertaker shall ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas should be contained to prevent run-off entering the marine environment through freeing ports.”



MMO

To ensure there is an appropriate response to any fuel, oil or chemical spill within the marine environment, the MMO requests the addition of the following condition in this section: “The undertaker shall ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team.”


Condition 8(a) (Preconstruction plans and documentation)

N/A

Wording added to reflect the Triton Knoll Offshore Wind Farm Order in respect of design plans

Condition 8(a) has been amended as follows:

(9)

(10)

(11)

(12)

(a)

The undertaker shall ensure that any rock material used in the construction of the authorised scheme is from a recognised source, free from contaminants and containing minimal fines.

In the event that any rock material used in the construction of the authorised scheme is misplaced or lost below MHWS, the undertaker shall report the loss to the District Marine Office within 48 hours and if the MMO shall reasonably consider such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker shall endeavour to locate the material and recover it.

The undertaker shall ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas should be contained to prevent run off entering the water through the freeing ports.

The undertaker shall ensure that any oil, fuel or chemical spill within the marine environment is reported to the MMO, Marine Pollution Response Team.

A design plan at a scale of between and including 1:25,000 and 1:50,000, including detailed representation on the most suitably scaled admiralty chart, to be agreed in writing with the MMO in consultation with Trinity House and the MCA which shows: (i)

the indicative proposed layout and location and choice of foundation of all wind turbine generators;

Phased construction can be reflected by use of the words "no part of the works" and "as relevant to that part". However the following wording is added

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Consultee


Change made to condition 8(a): (vii)

in plan form, the indicative programming of particular works as set out in the indicative construction programme to be provided under condition 8(b)(iv),

Wording has also been added to condition 8(b) as follows: (iv)

an indicative written construction programme for all wind turbine generators and cables comprised in the works at paragraph 2(2) of Part 1 (licensed marine activities) of this Schedule (insofar as not shown in (b) above);

The details of the above to be provided vary according to the works with the generation or transmission assets marine licence, but the principles are the same for both licences. MMO

English Heritage

MMO request to reword to include monitoring and link to Condition 8 in relation to micro-siting plan

The following has been added to Condition 8(a):

Request from English Heritage to link the plan in Condition 8(a) to any mitigation identified pursuant to Condition 8(h).

The following has been added to Condition 8(a):

(xii)

(ix)

any exclusion zones or micrositing requirements identified in any mitigation scheme pursuant to condition 8(j);

any archaeological exclusion zones identified under condition 8(h)(iv);

Condition 8(d) (Preconstruction plans and documentation)

Natural Resources Wales

Request for inclusion of reference to a biosecurity risk assessment.

The following has been added to Condition 8(d):

Condition 8(g) (Preconstruction plans and documentation)

MMO

The MMO has requested the removal of references to the Welsh Government.

Condition 8(g) has been amended as follows:

Condition 8(h) (Preconstruction plans and documentation)

MMO

Change “good practice” to “best practice”.


English Heritage

Amendments requested in SoCG.

Condition 8(h) has been amended as follows:

(v)

A cable specification and installation plan, which will cover the cable works in both English and Welsh territorial waters and to be agreed in writing by the MMO and the Welsh Government Marine Consents Unit, and to include:

(iv)

Condition 8(i) (Preconstruction plans

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N/A

Amendments to refer to “authorised scheme” instead of “offshore wind farm”.

a biosecurity risk assessment in accordance with the guidance relating to IMO conventions set out in MGN 363.

delivery of any mitigation including, where necessary, archaeological exclusion zones including all spatial data for the extent and location of archaeological exclusion zones;

Condition 8(i) has been amended as follows: (i)

A vessel traffic management plan during operation of the offshore wind

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Change made

and documentation)

farm authorised scheme.

Condition 8(j) (Preconstruction plans and documentation)

MMO

Condition 12 (Preconstruction monitoring)

N/A

Condition 13 (Construction monitoring)

Wording has been added to Condition 8(j) as follows:

Inclusion of reference to an ornithological survey.

Condition 12(2) in the generation assets has been updated as follows:

(j)

(d)

A mitigation scheme for any Annex 1 features identified by the survey referred to in condition 12(2)(a).

a survey of existing ornithological activity inside the area(s) within the Order limits in which it is proposed to carry out construction works, and any wider area(s) where appropriate, which is required to test predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme.

Removal of pre-construction surveys in the transmission assets DML.

Condition 12(2) in the transmission assets DML has been updated as follows:

N/A

Minor amendments proposed by the Applicant.

Amendments to split the condition into subparagraphs for ease of reference and removal of the reference to approval at least four months prior to commencement of survey works, as this is covered in Condition 9(2).

MMO

The MMO has requested the removal of the reference to JNCC.


The MMO has requested the reference to noise measurements generated by the installation of the first four monopile foundations to refer to all piled foundations.


Removal of reference to noise monitoring in the transmission assets DML.

Condition 13 in the transmission assets DML has been amended as follows:

N/A

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MMO request to reword to include monitoring and link to Condition 8 in relation to micro-siting plan

a survey to determine the location, extent and composition of any benthic habitats of conservation, ecological and or economic importance;

(1)

Unless otherwise agreed, the undertaker shall, in discharging condition 8(b), submit details for approval by the MMO in consultation with Natural England of any proposed surveys or monitoring, including methodologies and timings, to be carried out during the construction of the authorised scheme. The survey proposals shall specify each survey's objectives. In any event, such monitoring shall, where driven or part-driven pile foundations are proposed to be used, include monitored background noise measurements (during periods when piling is not being undertaken) and measurements of noise generated by the installation of all piled foundations.

(2)

The undertaker shall carry out the surveys approved under paragraph (1) and provide the agreed reports in the agreed format in accordance

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Consultee


Change made with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with Natural England. (3)

Condition 14 (Post construction surveys)

N/A

Minor amendments proposed by the Applicant to correct errors.

Amendments to change the word “modelled” to “predicted” and to correct an erroneous reference to condition 16 instead of 14.

Inclusion of reference to an ornithological survey.

Condition 14(2) in the generation assets has been updated as follows: (c)

Removal of surveys in the transmission assets DML and reference to a benthic Annex I Habitat survey.

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The results of the initial noise measurements shall be provided to the MMO within four weeks of the installation of the last of the four piles. The assessment of this report by the MMO shall determine whether any further noise monitoring is required.

an ornithological survey covering the area(s) within the Order limits in which construction works were carried out, and any wider area(s) where appropriate, as required to test predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme.

Condition 13(2) in the transmission assets DML has been amended as follows: (2)

The post construction surveys referred to in condition 14(1) shall unless otherwise agreed with the MMO have due regard to, but not be limited to, the need to undertake a survey to determine the effects of construction activity on any benthic Annex 1 Habitat in whole or in part inside the area(s) within the Order limits, dependent on the outcome of the survey undertaken in condition 12(2)(a) above. (a)

one high resolution swath bathymetric survey and side scan sonar survey per annum around a sample of adjacent turbines to a distance of three turbine spacings to assess any changes in seabed topography. For this purpose the undertaker will prior to the first such survey submit a desk based assessment (which takes account of all factors which influence scour) to identify the sample of adjacent turbines with greatest potential for scour. The survey will be used to validate the desk based assessment: further surveys beyond the maximum period of three years post-construction specified in condition 14(3) may be required if there are significant differences between the predicted scour and recorded scour;

(b)

a survey to determine the location, extent and composition of any benthic habitats of conservation, ecological and or economic importance to validate predictions made in the environmental statement; and

(c)

an ornithological survey covering the area(s) within the Order limits in which construction works were carried out, and any

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Change made wider area(s) where appropriate, as required to test predictions in the environmental statement concerning key ornithological interests of relevance to the authorised scheme.

MMO

The MMO has requested amendments to provide that the postconstruction surveys are not limited to the first three years post-construction.

Condition 14 has been amended as follows: … (2)

The post construction surveys referred to in condition 14(1) shall unless otherwise agreed with the MMO have due regard to, but not be limited to, the need to undertake— (a)

one high resolution swath bathymetric survey and side scan sonar survey per annum around a sample of adjacent turbines to a distance of three turbine spacings to assess any changes in seabed topography. For this purpose the undertaker will prior to the first such survey submit a desk based assessment to be approved by the MMO (which takes account of all factors which influence scour) to identify the sample of adjacent turbines with greatest potential for scour. The survey will be used to validate the desk based assessment: further surveys beyond the maximum period of three years post-construction specified in condition 14(3) may be required if there are significant differences between the predicted scour and recorded scour;

… (3)

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The undertaker shall carry out the surveys agreed under paragraph (1) for a period of three years post-construction which may be nonconsecutive years and provide the agreed reports in the agreed format in accordance with the agreed timetable, unless otherwise agreed in writing with the MMO in consultation with Natural England.

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Change made

Condition 15 (Piling restrictions)

MMO

The MMO was of the understanding that the sole spawning restriction was for April and May, as previously agreed is for an outright ban on piling during this period. This is not what has been presented in the DML. However, we are content with the suggestion for a report to be produced providing a calculation of the projected noise from the piling of the chosen foundations to allow the MMO to determine the appropriate piling restriction. This condition should be amended so that it applies to piling of all foundations (monopiles and jackets) not just monopile foundations.

Condition 15 has been amended as follows (and removed from the transmission assets licence):

MMO

N/A

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It may be advisable that conditions 15(1) and 15(2) should start ‘Except with express written permission from the MMO`. If agreed at a later date, restrictions can be removed without the need to vary the DCO. A further restriction has been added to this condition to reflect the “6 hours on – 6 hours off” restriction for piling.

(1)

Unless otherwise agreed in writing with the MMO, the installation of monopile piled foundations of 8 metres diameter with a hammer energy of 2,700kj or greater shall not take place within the Order limits between: (a)

1 April and 15 May to avoid the impacts on high intensity dover sole spawning; or

(b)

15 April to 31 May to avoid the impacts on salmon smolt and sea trout smolt migration.

(2)

In the case of proposed installation of monopile piled foundations of less than 8 metres diameter and/or a hammer energy of less than 2,700kj a calculation of projected noise measurements and contours shall be provided to the MMO and installation shall not take place until the same or reduced piling restriction period or alternative mitigation has been approved by the MMO in writing in consultation with the Environment Agency, unless otherwise agreed in writing with the MMO.

(3)

Unless otherwise agreed with the MMO, the installation of piled foundations shall be carried out on the basis of “6 hours on – 6 hours off”, so that a period of 6 hours of no piling shall follow each piling event which shall be up to 6 hours in duration (be that from single or two simultaneous piling operations) in order to allow the migration of adult salmon and sea trout.

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