The North Falls Offshore Wind Farm Order 2026

SCHEDULE 9 DEEMED MARINE LICENCE UNDER THE 2009 ACT – TRANSMISSION ASSETS

Article 35 PART 1 LICENSED MARINE ACTIVITIES 1 (1) In this licence— “the 2004 Act” means the Energy Act 2004; “the 2008 Act” means the Planning Act 2008; “the 2009 Act” means the Marine and Coastal Access Act 2009; “the 2017 Regulations” means the Conservation of Offshore Marine Habitats and Species Regulations 2017; “aids to navigation management plan” means the aids to navigation management plan to be submitted to the MMO under condition 22(1)(i) of this licence; “Areas of Interest” means any part of those areas shown shaded orange, pink, green or blue on the Deep Water Route Cable Installation Area (Future Dredging Depths) Plan; “authorised deposits” means the substances and articles specified in paragraph 4 of this licence; “authorised development” means Work Nos. 2, 3, 4A and 4B as described in paragraph 3 of this licence or any stage of that work; “buoy” means any floating device used for navigational purposes or measurement purposes, including LIDAR buoys, wave buoys and guard buoys; “cable circuits” means a number of electrical conductors necessary to transmit electricity between two points, comprising one or more conductors which may be bundled as one cable or take the form of separate cables, and in either case the circuit may include one or more auxiliary cables for the purpose of control, monitoring, protection or general communication; “cable crossings” means a crossing of existing cables, pipelines or other existing infrastructure by cable circuits authorised by this Order together with cable protection; “cable protection” means physical measures for the protection of cables including but not limited to concrete mattresses, split pipe system, and/or rock placement (including material used for cable crossings); “cable protection replenishment” means the restoration to a former level or condition of cable protection lost by natural seabed processes or human activity; “Chart Datum” means the level below which the tide will not normally fall at a given location, usually the lowest astronomical tide; “chemical” means a chemical element and will include both substances and preparations; “commence” means the first carrying out of any licensed marine activities authorised by this marine licence, save for any operations consisting of pre-construction surveys and monitoring approved under this marine licence and the activities set out in paragraph 2(e), and “commenced” and “commencement” must be construed accordingly; “commissioning” means the process of assuring that all systems and components of the authorised development are tested to verify that they function and are operable in accordance with the specifications and operational requirements of the undertaker; “condition” means a condition in Part 2 of this licence; “Defence Infrastructure Organisation Safeguarding” means Ministry of Defence Safeguarding, Defence Infrastructure Organisation – Safeguarding, St George’s House, DIO Head Office, DMS Whittington, Lichfield, Staffordshire, WS14 9PY and any successor body to its functions; “Defra” means the Department for Environment, Food and Rural Affairs; “Deep Water Route Cable Installation Area (Future Dredging Depths) Plan” means the document certified as such by the Secretary of State under article 40 (certification of plans, etc.) for the purposes of this Order; “draft marine mammal mitigation protocol” means the document certified as the draft marine mammal mitigation protocol by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “dropped object procedure form” means the MMO notification proforma with reference MLDIR1 for reporting the loss or dumping of synthetic materials and other refuse at sea or any other format advised in writing by the MMO; “enforcement officer” means a person authorised to carry out enforcement duties under Chapter 3 Part 4 (marine licensing) of the 2009 Act; “environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of the Order under article 40 (certification of plans and documents, etc.); “habitats of principal importance” means a habitat designated as being of principal importance in accordance with section 41 (biodiversity lists and action (England)) of the Natural Environment and Rural Communities Act 2006; “HHA” means the Harwich Haven Authority; “IHO S44ed6 Order 1a” means order 1a from the fifth edition of the International Hydrographic Organisation’s Standards for Hydrographic Surveys as updated or amended from time to time; “jacket foundation” means a lattice type structure constructed of steel and additional equipment such as, J-tubes, corrosion protection systems and access platforms attached to the seabed at 3 or more points with pin piles or suction buckets; “JNCC” means the Joint Nature Conservation Committee; “JNCC Guidance” means the statutory nature conservation body ‘Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs’ Joint Nature Conservation Committee Report No.654, May 2020 published in June 2020 as amended, updated or superseded from time to time; “Kingfisher bulletin” means the bulletin published by the Humber Seafood Institute or such other alternative publication approved in writing by the MMO for the purposes of this licence; “Kingfisher Information Service” means the information service from non-departmental government body Seafish; “licensed activities” means the activities specified in Part 1 of this licence; “LGPL” means London Gateway Port Limited (company number 04341592) as harbour authority for the London Gateway Port, pursuant to the London Gateway Port Harbour Empowerment Order 2008; “local harbour authorities” means the PLA, HHA, and LGPL; “maintain” includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace (including replenishment of cable protection) to the extent assessed in the environmental statement, and “maintenance” must be construed accordingly; “Marine Management Organisation” or “MMO” means the Marine Management Organisation, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH who is the body created under the 2009 Act and who is responsible for the monitoring and enforcement of this licence; “marine noise registry” means the database developed and maintained by JNCC on behalf of Defra to record the spatial and temporal distribution of impulsive noise generating activities in UK seas; “MCA” means the Maritime and Coastguard Agency; “MGN654” means “Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues” and its annexes, as may be updated or amended from time to time; “MHWS” or “mean high water springs” means the average throughout the year, of two successive high waters, during a 24-hour period in each month when the range of the tide is at its greatest (Spring tides); “monopile foundation” means a steel pile, driven and/or drilled into the seabed and associated equipment including J-tubes, corrosion protection systems and access platforms and equipment; “offshore converter platform” means a structure, authorised by the deemed marine licence in Schedule 10 to the Order, above MHWS and attached to the seabed by means of a foundation, with equipment to convert three-phase HVAC power generated by the wind turbine generations into HVDC power; “the offshore order limits and boundary co-ordinates plan” means the plan certified as the offshore order limits and boundary co-ordinates plan by the Secretary of State for the purposes of the Order under article 40 (certification of plans and documents, etc.); “offshore platform” means the offshore substation platform(s) authorised by this licence and/or the offshore converter platform; “Offshore Renewables Protocol for Reporting Archaeological Discoveries” means the Offshore Renewables Protocol for Reporting Archaeological Discoveries, the Crown Estate (2014), Protocol for Archaeological Discoveries: Offshore Renewables Projects, Salisbury, Wessex Archaeology as amended, updated or superseded from time to time; “offshore substation platform” means a structure above MHWS and attached to the seabed by means of a foundation, with one or more decks, whether open or fully clad, accommodating electrical power transformers, switchgear, instrumentation, protection and control systems, and other associated equipment and facilities to enable the transmission of electronic communications and for electricity to be collected at, and exported from, the platform; “operation” means the undertaking of the licensed activities which are not part of the construction, commissioning or decommissioning of the authorised development; “Order” means the North Falls Offshore Wind Farm Order 2026; “the Order limits” means the limits shown on the works plans (offshore) within which the authorised development may be carried out, the grid coordinates for the area seaward of MHWS are set out in paragraph 5 of Part 1 of this licence; “outline cable specification and installation plan” means the document certified as the outline cable specification and installation plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “outline fisheries liaison and co-existence plan” means the document certified as the outline fisheries liaison and co-existence plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “outline navigation and installation plan” means the document certified as the outline navigation and installation plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “outline offshore in-principle monitoring plan” means the document certified as the outline offshore in-principle monitoring plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “outline offshore operations and maintenance plan” means the document certified as the outline offshore operations and maintenance plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “outline offshore written scheme of investigation” means the document certified as the outline offshore written scheme of investigation by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “outline project environmental management plan” means the document certified as the outline project environmental management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “outline sediment disposal management plan” means the document certified as the outline sediment disposal management plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “outline site integrity plan for the southern north sea special area of conservation” means the document certified as the outline site integrity plan for the southern north sea special area of conservation by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “outline vessel traffic monitoring plan” means the document certified as the outline vessel traffic monitoring plan by the Secretary of State for the purposes of this Order under article 40 (certification of plans and documents, etc.); “pathway to the marine environment” means open systems or closed systems that require top up; “pin piled jacket” means a jacket attached to the seabed using pin piles; “pin piles” means steel cylindrical piles driven and/or drilled into the seabed to secure jacket foundations; “platform interconnector cable” means one or more electricity cables connecting offshore platforms to each other; “PLA” means the Port of London Authority; “preparation” means a mixture or solution composed of two or more substances; “scour protection” means measures to prevent loss of seabed sediment around any structure placed in or on the seabed by use of protective aprons, mattresses, or rock and gravel placement; “SNCB” means the statutory nature conservation body being the appropriate nature conservation body as defined in Regulation 5 of the Conservation of Habitats and Species Regulations 2017 or its equivalent in the 2017 Regulations; “SNS SAC” means the site designated as the Southern North Sea Special Area of Conservation; “statutory historic body” means Historic England or its successor in function; “substance” means a chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition; “suction caisson (or bucket)” means a steel cylindrical structure attached to the legs of a jacket foundation which partially or fully penetrates the seabed and remains in place using its own weight and hydrostatic pressure differential; “suction caisson jacket” means a jacket attached to the seabed using suction caissons (typically one per leg) “Trinity House” means the Corporation of Trinity House of Deptford Strond; “UK Hydrographic Office” means the UK Hydrographic Office of Admiralty Way, Taunton, Somerset, TA1 2DN; “UK Standard Marking Schedule for Offshore Installations” means the Standard Marking Schedule for Offshore Installations published by the Department of Energy & Climate Change with reference DECC 04/11; “undertaker” means, subject to article 5 (benefit of the Order), North Falls Offshore Wind Farm Limited (company number 12435947); “vessel” means every description of vessel, however propelled or moved, and includes a non‑displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water; “working day” means a day which is not a weekend, bank holiday or public holiday in England; and “works plans (offshore)” means the plan or plans certified as the works plans (offshore) by the Secretary of State for the purposes of the Order under article 40 (certification of plans and documents, etc.). (2) A reference to any statute, order, regulation or similar instrument is construed as a reference to a statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment. (3) A reference in this licence to a work identified by the number of the work is to be construed as a reference to the work of that number given in paragraph 3 of this licence. (4) Unless otherwise indicated— (a) all times are taken to be Greenwich Mean Time; and (b) all co-ordinates are taken to be latitude and longitude degrees and minutes to two decimal places. (5) Except where otherwise notified in writing by the relevant organisation, the primary point of contact with the organisations listed below and the address for returns and correspondence are— (a) Civil Aviation Authority Aviation House Beehive Ring Road Crawley West Sussex RH6 0YR; (b) Historic England East of England Regional Office Brooklands 24 Brooklands Avenue Cambridge CB2 8BU; (c) Marine Management Organisation Marine Licensing Team Tyneside House Skinnerburn Road Newcastle Business Park Newcastle upon Tyne NE4 7AR Tel: 0300 123 1032; (d) Marine Management Organisation (Local Office) Pakefield Road Lowestoft NR33 0HT Tel: 0208 026 0654; (e) Maritime and Coastguard Agency UK Technical Services Navigation Spring Place 105 Commercial Road Southampton SO15 1EG Email: navigationsafety@mcga.gov.uk; (f) Ministry of Defence (as represented by Defence Infrastructure Organisation – Safeguarding) St George’s House 153 DIO Head Office DMS Whittington Lichfield Staffordshire WS14 9PY; (g) Natural England Teville Gate House 25 Railway Approach Worthing BN11 1UR Tel: 0300 060 4911; (h) Trinity House Tower Hill London EC3N 4DH Tel: 020 7481 6900; (i) The United Kingdom Hydrographic Office Admiralty Way Taunton Somerset TA1 2DN Tel: 01823 337 900; (j) Port of London Authority London River House Royal Pier Road Gravesend Kent DA12 2BG Tel: 01474 562200; (k) London Gateway Port Limited London Gateway Port Harbour Master London Gateway Port Limited No.1 London Gateway London Gateway Drive Stanford-le-Hope Essex SS17 9DY; (l) Harwich Haven Authority Harbour House The Quay Harwich Essex CO12 3SH. (6) Unless otherwise advised in writing by the MMO, the address for electronic communication with the MMO for the purposes of this licence is marine.consents@marinemanagement.org.uk, or where contact to the Local Office if the MMO is required, harwich@marinemanagement.org.uk. (7) Unless otherwise advised in writing by the MMO, the Marine Case Management System (“MCMS”) must be used for all licence returns or applications to vary this licence. The MCMS address is: https://marinelicensing.marinemanagement.org.uk/. Details of licensed marine activities 2 Subject to the licence conditions in Part 2, this licence authorises the undertaker (and any agent or contractor acting on its behalf) to carry out the following licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act— (a) the deposit at sea, at disposal site reference provided by the MMO, within the Order limits seaward of MHWS of the substances and articles specified in paragraph 4 below and in Work Nos. 2 to 4A of up to 5,139,984 cubic metres (being a maximum, not an approximate upper figure) of inert material of natural origin produced during construction drilling or seabed preparation for foundation works and seabed preparation for cable installation, cable installation (whether by ploughing, jetting, trenching or a combination of installation techniques), and excavation of drilling pits for trenchless installation techniques; (b) the construction of works in or over the sea, and/or on or under the seabed; (c) dredging for the purposes of seabed preparation for foundation works, preparation for construction vessels and/or electrical circuit works; (d) boulder clearance works by displacement ploughing or subsea grab technique or any other equivalent method; (e) the removal of sediment samples for the purposes of informing environmental monitoring under this licence during pre-construction, construction and operation; (f) removal of static fishing equipment; (g) wet storage; and (h) site preparation works. 3 Such activities described in paragraph 2 are authorised in relation to the construction, maintenance and operation of— Work No. 2— up to two offshore substation platforms each fixed to the seabed by one of the following foundation types: monopile, multi-leg pin pile jacket or multi-leg suction bucket jacket and a platform interconnector cable including one or more cable crossings. Work No. 3— up to two cable circuits between Work No. 2 and Work No. 4A, including one or more cable crossings; Work No. 4A— up to two cable circuits and associated ducting between Work No. 3 and Work No. 4B including up to three drilling exit pits for trenchless installation techniques, one or more cable crossings and a temporary work area for vessels to carry out anchoring and positioning. Work No. 4B— landfall connection works comprising up to two cable circuits and associated ducting between Work No. 4A and Work No. 4C, including trenchless installation technique works. In connection with such Works Nos. 2, 3 4A, and 4B and to the extent that they do not otherwise form part of any such work, further associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development and which fall within the scope of the work assessed by the environmental statement and the provisions of this licence, including— scour protection around the foundations of the offshore substation platforms; cable protection measures such as the placement of rock and/or concrete mattresses; the removal of material from the seabed required for the construction of Work Nos. 2, 3 and 4A; and temporary landing places, moorings or other means of accommodating or anchoring vessels in the construction and/or maintenance of the authorised development and buoys. 4 The substances or articles authorised for deposit at sea are— (a) iron and steel, copper and aluminium; (b) stone and rock; (c) concrete and grout; (d) sand and gravel; (e) plastic, synthetic and rubber; (f) material extracted from the seabed within the offshore Order limits during construction drilling or seabed preparation for foundation works, vessels, cable installation preparation works and cable installation works and excavation of drilling pits for trenchless installation techniques; (g) anchors and weights used for the calibration of vessels, consisting of a hessian sack, metal shackles or chains; and (h) marine coatings, other chemicals and timber. 5 The grid coordinates within which that part of the authorised development comprising Work Nos. 2, 3 and 4A must be located are specified below and more particularly on the offshore order limits and boundary co-ordinates plan— (1) Point ID | (2) Latitude (WGS84 (DDM)) | (3) Longitude (WGS84 (DDM)) 1 | 51° 49.15653’N | 01° 14.19781’E 2 | 51° 48.89411’N | 01° 16.00324’E 3 | 51° 48.93931’N | 01° 20.16189’E 4 | 51° 51.14871’N | 01° 26.78016’E 5 | 51° 52.50692’N | 01° 27.14152’E 6 | 51° 52.57065’N | 01° 27.16916’E 7 | 51° 52.64883’N | 01° 27.22273’E 8 | 51° 52.72182’N | 01° 27.29646’E 9 | 51° 52.78924’N | 01° 27.39211’E 10 | 51° 52.86734’N | 01° 27.55868’E 11 | 51° 53.26911’N | 01° 29.04967’E 12 | 51° 53.29595’N | 01° 29.19064’E 13 | 51° 53.30653’N | 01° 29.39203’E 14 | 51° 53.28761’N | 01° 29.59449’E 15 | 51° 52.70790’N | 01° 31.99872’E 16 | 51° 52.63952’N | 01° 32.20092’E 17 | 51° 52.47783’N | 01° 32.62017’E 18 | 51° 52.44756’N | 01° 32.68431’E 19 | 51° 52.40237’N | 01° 32.74776’E 20 | 51° 51.05315’N | 01° 34.25159’E 21 | 51° 50.81073’N | 01° 37.13538’E 22 | 51° 50.96701’N | 01° 38.26250’E 23 | 51° 51.10934’N | 01° 38.88062’E 24 | 51° 51.46878’N | 01° 40.28054’E 25 | 51° 51.48276’N | 01° 40.47097’E 26 | 51° 51.47070’N | 01° 40.63503’E 27 | 51° 51.43842’N | 01° 40.78925’E 28 | 51° 51.37801’N | 01° 40.94765’E 29 | 51° 51.28360’N | 01° 41.08521’E 30 | 51° 48.92805’N | 01° 43.48196’E 31 | 51° 48.81263’N | 01° 43.54037’E 32 | 51° 47.56548’N | 01° 43.88635’E 33 | 51° 47.50920’N | 01° 43.94405’E 34 | 51° 47.47326’N | 01° 44.01182’E 35 | 51° 47.31551’N | 01° 44.55852’E 36 | 51° 46.18399’N | 01° 51.52207’E 36 | 51° 46.18399’N | 01° 51.52207’E 37 | 51° 46.45215’N | 01° 51.46739’E 38 | 51° 47.79417’N | 01° 56.0602’E 39 | 51° 45.96006’N | 01° 54.98406’E 40 | 51° 44.20008’N | 01° 56.16270’E 41 | 51° 43.43466’N | 01° 58.08954’E 42 | 51° 44.92260’N | 02° 02.79174’E 43 | 51° 44.20590’N | 02° 02.65992’E 44 | 51° 44.16756’N | 02° 02.36766’E 45 | 51° 43.89822’N | 02° 01.62702’E 46 | 51° 43.70418’N | 02° 01.18500’E 47 | 51° 43.46172’N | 02° 00.54066’E 48 | 51° 42.90816’N | 01° 59.73738’E 49 | 51° 42.25464’N | 01° 58.18482’E 50 | 51° 41.80842’N | 01° 58.22082’E 51 | 51° 38.66118’N | 01° 54.67986’E 52 | 51° 37.76189’N | 01° 52.32853’E 53 | 51° 39.03140’N | 01° 52.10085’E 54 | 51° 40.08359’N | 01° 52.71647’E 55 | 51° 40.32461’N | 01° 52.55921’E 56 | 51° 40.41888’N | 01° 52.66356’E 57 | 51° 40.36970’N | 01° 52.53295’E 58 | 51° 40.36967’N | 01° 52.52982’E 59 | 51° 40.80925’N | 01° 52.24298’E 60 | 51° 41.18441’N | 01° 51.71421’E 61 | 51° 41.78502’N | 01° 51.60623’E 62 | 51° 45.61162’N | 01° 51.61163’E 62 | 51° 45.61162’N | 01° 51.61163’E 63 | 51° 46.80531’N | 01° 44.27081’E 64 | 51° 47.02029’N | 01° 43.53214’E 65 | 51° 47.14620’N | 01° 43.29432’E 66 | 51° 47.35775’N | 01° 43.07473’E 67 | 51° 48.70770’N | 01° 42.68329’E 68 | 51° 50.92504’N | 01° 40.42289’E 69 | 51° 50.60854’N | 01° 39.20429’E 70 | 51° 50.44922’N | 01° 38.51020’E 71 | 51° 50.26732’N | 01° 37.16414’E 72 | 51° 50.53831’N | 01° 33.91006’E 73 | 51° 50.55473’N | 01° 33.82809’E 74 | 51° 50.58713’N | 01° 33.73900’E 75 | 51° 50.63161’N | 01° 33.66473’E 76 | 51° 52.05000’N | 01° 32.08189’E 77 | 51° 52.22165’N | 01° 31.61943’E 78 | 51° 52.76395’N | 01° 29.36475’E 79 | 51° 52.4014’N | 01° 27.99607’E 80 | 51° 50.89889’N | 01° 27.59335’E 81 | 51° 50.83063’N | 01° 27.54393’E 82 | 51° 50.76639’N | 01° 27.45303’E 83 | 51° 48.42854’N | 01° 20.46655’E 84 | 51° 48.41280’N | 01° 20.40213’E 85 | 51° 48.40234’N | 01° 20.31730’E 86 | 51° 48.33800’N | 01° 14.52722’E 87 | 51° 48.87115’N | 01° 13.61544’E 88 | 51° 48.98239’N | 01° 13.82661’E 89 | 51° 48.98187’N | 01° 13.82982’E 90 | 51° 49.04064’N | 01° 13.94325’E 91 | 51° 49.03475’N | 01° 13.95772’E 92 | 51° 49.09068’N | 01° 14.07320’E 93 | 51° 49.09716’N | 01° 14.07885’E General provisions 6 This marine licence remains in force until the authorised development has been decommissioned in accordance with a programme approved by the Secretary of State under section 106 (approval of decommissioning programmes) of the 2004 Act, including any modification to the programme under section 108 (reviews and revisions of decommissioning programmes) of the 2004 Act, and the completion of such programme has been confirmed by the Secretary of State in writing. 7 The provisions of section 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this marine licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence only apply to a transfer not falling within article 5 (benefit of the Order). 8 With respect to any condition which requires the licensed activities be carried out in accordance with the plans, protocols or statements approved under this licence, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the MMO. 9 Any amendments to or variations from the approved details, plan or scheme must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the MMO that it is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement. PART 2 CONDITIONS Design parameters 10 (1) The dimensions of any offshore substation platform forming part of the authorised development (including cranes and helideck) must not exceed— (a) 61.68 metres in height when measured from MHWS; (b) 60 metres in length; and (c) 2,400 m² topside area. (2) Offshore substation platform foundation structures forming part of the authorised development must be one of either monopile foundation, multi-leg pin pile jacket foundation or multi-leg suction bucket jacket foundation. (3) No offshore substation platform— (a) jacket foundation employing pin piles forming part of the authorised development may— (i) have a pin pile diameter of greater than 3.5 metres; and (ii) employ more than 12 pin piles per jacket foundation; and (b) monopile foundation forming part of the authorised development may not have a diameter greater than 17 metres. (4) Any part of the authorised development located within the following areas shown on the Deep Water Route Cable Installation Area (Future Dredging Depths) Plan, must be designed, installed, operated and maintained at a level which would not preclude or impede dredging: (a) of the area shown shaded in orange and labelled Sunk A – Sunk DW Buffer, to a level of 22 metres below Chart Datum; (b) of the area shown shaded in pink and labelled Trinity – Trinity DW Buffer, to a level of 22 metres below Chart Datum; (c) of the area shown shaded in green and labelled Sunk B – Sunk DW Buffer, to a level of 19 metres below Chart Datum; and (d) of the area shown shaded in blue and labelled Sunk Pilotage Area – Sunk Pilot Diamond Buffer, to a level of 22 metres below Chart Datum. 11 (1) The total number of offshore platforms constructed under this licence and the licence granted under Schedule 10 to the Order must not exceed two. (2) The total permanent seabed footprint area for offshore platform foundations must not exceed— (a) 5,890 square metres excluding scour protection; and (b) 166,715 square metres including scour protection. (3) The total volume of scour protection material for the offshore platform foundations is 50,316 cubic metres. (4) The total volume of drill arisings under this licence and the licence granted under Schedule 10 must not exceed 11,451 cubic metres. 12 The total length of the cable circuits in Work Nos. 2, 3 and 4A, and the area and volume of their cable protection (including cable crossings) must not exceed the following— (1) Work No. | (2) Parameter | (3) Value Work No. 2 | Maximum total length | 20 km Maximum protection area | 24,000 m² Maximum protection volume | 14,000 m³ Work Nos. 3 and 4A | Maximum total length | 125.4 km Maximum protection area | 75,240 m² Maximum protection volume | 43,890 m³ Maintenance of the authorised development 13 (1) The undertaker may at any time maintain the authorised development, except to the extent that this licence or an agreement made under this licence provide otherwise. (2) Maintenance works include but are not limited to— (a) repair, maintenance, refurbishment and replacement of offshore electrical components; (b) painting and applying other coatings; (c) bird waste and marine growth removal; (d) cable remedial burial; (e) cable repairs and replacement; (f) cable protection replenishment; (g) access ladder and boat landing replacement; (h) replacement of offshore platform anodes; and (i) J-tube repair/replacement. (3) In undertaking activities under sub-paragraphs (2)(a), (2)(d), (2)(e) and (2)(f), other than in the Areas of Interest where navigable depth may not be reduced to any extent, the undertaker must not reduce water depth by more than 5% Chart Datum unless agreed with the MMO and the MCA in writing. (4) An operations and maintenance plan in accordance with the outline offshore operations and maintenance plan shall be submitted to the MMO for approval in consultation with the relevant SNCB, the MCA and (only to the extent that the plan relates to the Areas of Interest) the local harbour authorities at least six months prior to the commencement of operations. All operation and maintenance activities must be carried out in accordance with the approved operations and maintenance plan and the approved cable specification and installation plan. Vessels under the undertaker’s control 14 (1) The undertaker must issue to operators of vessels under its control operating within the Order limits a code of conduct to prevent collision risk or injury to marine mammals which must be in accordance with the outline project environmental management plan. (2) The undertaker must ensure appropriate co-ordination of vessels within its control operating within the Order limits so as to reduce collision risk to other vessels including advisory safe passing distances for vessels. Extension of time periods 15 Any time period given in this licence given to either the undertaker or the MMO may be extended with the agreement of the other party in writing such agreement not to be unreasonably withheld or delayed. Notifications and inspections 16 (1) The undertaker must ensure that a copy of this marine licence (issued as part of the grant of the Order) and any subsequent amendments or revisions to it is provided to— (a) all agents and contractors notified to the MMO in accordance with condition 26; and (b) the masters and offshore operations managers responsible for the vessels notified to the MMO in accordance with condition 26; (2) Only those persons and vessels notified to the MMO in accordance with condition 26 are permitted to carry out the licensed activities. (3) The documents referred to in sub-paragraph (1)(a) must be available for inspection at the following locations— (a) the undertaker’s registered address; (b) any site office located at or adjacent to the construction site and used by the undertaker or its agents and contractors responsible for the loading, transportation or deposit of the authorised deposits; and (c) on board each vessel and at the office of any offshore operations managers with responsibility for vessels from which authorised deposits or removals are to be made. (4) The undertaker must ensure that a copy of this marine licence and any subsequent revisions or amendments have been read and understood by the masters of any vessel being used to carry on any licensed activity set out in condition 26(3), and that a copy of this marine licence is held on board any such vessel. (5) The undertaker must provide access, and if necessary appropriate transportation, to the offshore construction site or any other associated works or vessels to facilitate any inspection that the MMO considers necessary to inspect the works during construction and operation of the authorised development. (6) The undertaker must inform the MMO Local Office in writing at least 14 days prior to the commencement of the licensed activities or any part of them and within 14 days of the completion of each licensed activity. (7) The undertaker must inform the Kingfisher Information Service, by email to kingfisher@seafish.co.uk, of details regarding the vessel routes, timings and locations relating to the construction of the authorised development or relevant stage— (a) at least 14 days prior to the commencement of offshore activities, for inclusion in the Kingfisher bulletin and offshore hazard awareness data; and (b) as soon as reasonably practicable, and in any event no later than 24 hours after completion of construction of all offshore activities, confirmation of notification must be provided to the MMO in writing within five days. (8) The undertaker must ensure that a local notification to mariners is issued at least 14 days prior to the commencement of the authorised development or any relevant stage advising of the start date of the relevant Work No. and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the MMO, MCA and UK Hydrographic Office within five days of issue. (9) The undertaker must ensure that local notifications to mariners are updated and reissued at weekly intervals during construction activities and at least five days before any planned operations and maintenance works and the notices must be supplemented with VHF radio broadcasts agreed with the MCA in accordance with the project environmental management plan approved under deemed marine licence condition 22(1)(d) and monitoring plan approved under condition 22(1)(f). Copies of all local notifications must be provided to the MMO and UK Hydrographic Office within five days of issue, save for in the case of a notice relating to operations and maintenance, which must be provided within 24 hours of issue. (10) The undertaker must notify the UK Hydrographic Office of the commencement (within 14 days), progress and completion of construction (within 14 days) of the licenced activities in order that all necessary amendments to nautical and aeronautical charts are made and the undertaker must send a copy of such notifications to the MMO and MCA within five days of the notification. (11) In case of damage to, or destruction or decay of, the authorised development seaward of MHWS or any part thereof, excluding the exposure of cables, the undertaker must as soon as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify the MMO, the MMO Local Office, the MCA, Trinity House, the Kingfisher Information Service and the UK Hydrographic Office. (12) In case of exposure of cables on or above the seabed, the undertaker must within three days following identification of a potential cable exposure, notify mariners and inform the Kingfisher Information Service of the location and extent of exposure. Copies of all notices must be provided to the MMO, the MCA, Trinity House and the UK Hydrographic Office within five days of notifying mariners. (13) The undertaker must notify the MMO in writing a minimum of 14 days in advance of the commencement of each discrete incident of cable repair, replacement, or protection replenishment activity or scour protection replacement activity. Such a notification must include proposed timings and a description of proposed methodologies. (14) The undertaker must ensure that the MMO, the MMO Local Office, local mariners, local fishermen’s organisations and the Source Data Receipt Team at the UK Hydrographic Office, Taunton, Somerset, TA1 2DN (sdr@ukho.gov.uk) are notified within 14 days of completion of each instance of cable repair, replacement or protection replenishment activity. (15) Where any notice required by sub-paragraphs (8) to (14) above relates to any works or any part of the authorised development within the Areas of Interest, the undertaker must also send copies of any such notice to the local harbour authorities. (16) Should the undertaker become aware that any of the information on which the granting of this licence was based was materially false or misleading, the undertaker must notify the MMO local office of this fact in writing as soon as is reasonably practicable. The undertaker must explain in writing what information was materially false or misleading and must provide to the MMO the correct information. Aids to navigation 17 (1) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning of the authorised development seaward of MHWS 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. (2) The undertaker must during the period from the start of construction of the authorised development to completion of decommissioning of the authorised development seaward of MHWS keep Trinity House, the MMO and (only to the extent such relates to the Areas of Interest) the local harbour authorities informed in writing of progress of the authorised development seaward of MHWS including the following— (a) notice of commencement of construction of the authorised development within 24 hours of commencement having occurred; (b) notice within 24 hours of any aids to navigation being established by the undertaker; and (c) notice within five days of completion of construction of the authorised development. (3) The undertaker must provide reports to Trinity House on the availability of aids to navigation in accordance with the frequencies set out in the aids to navigation management plan agreed pursuant to condition 22(1)(i) using the reporting system provided by Trinity House. (4) The undertaker must during the whole period from commencement of the licensed activities to completion of decommissioning of the authorised development seaward of MHWS notify Trinity House and the MMO in writing of any failure of the aids to navigation and the timescales and plans for remedying such failures, as soon as possible and no later than 24 hours following the undertaker becoming aware of any such failure. (5) In the event that the provisions of condition 16(12) are invoked, the undertaker must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as directed by Trinity House. (6) Any jack up barges or vessels utilised during the licensed activities, when jacked up, must exhibit signals in accordance with the UK Standard Marking Schedule for Offshore Installations. Colouring of structures 18 Except as otherwise required by Trinity House, the undertaker must colour all offshore substation platform structures yellow (colour code RAL 1023) from at least highest astronomical tide to a height directed by Trinity House. Aviation safety 19 (1) The undertaker must exhibit such lights, with such shape, colour and character as are required in writing by the Air Navigation Order 2016 (with any reference to the territorial sea being read as a reference to the Renewable Energy Zone established under section 84 of the 2004 Act) and/or determined necessary for aviation safety as directed by the Civil Aviation Authority in consultation with the Defence Infrastructure Organisation Safeguarding. Lighting installed specifically to meet Ministry of Defence aviation safety requirements must remain operational for the life of the authorised development unless otherwise agreed in writing with the Ministry of Defence. (2) The undertaker must notify the Defence Infrastructure Organisation Safeguarding, the Civil Aviation Authority and the MMO, at least 14 days prior to the commencement of the licensed activities, in writing of the following information— (a) the date of the commencement of the licensed activities; (b) the date any offshore substation platforms are to be installed; (c) the maximum height of any construction equipment or vessels to be used; (d) the maximum heights of offshore substation platforms to be constructed (including any antennae); and (e) the latitude and longitude of each offshore substation platform to be constructed, and the Defence Infrastructure Organisation Safeguarding and the Civil Aviation Authority must be notified of any changes to the information supplied under this paragraph of this condition and of the completion of the construction of the authorised development. Copies of notifications must be provided to the MMO. Chemicals, drilling and debris 20 (1) The undertaker must ensure that any coatings and/or treatments are suitable for use in the marine environment and are used in accordance with relevant guidelines approved by the Health and Safety Executive. (2) The storage, handling, transport and use of fuels, lubricants, chemicals and other substances must be undertaken so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers. (3) The undertaker must inform the MMO of the location and quantities of material disposed of each month under the Order, by submission of a disposal return by 15 February each year for the months August to January inclusive, and by 15 August each year for the months February to July inclusive. (4) The undertaker must ensure that only inert material of natural origin, produced during the drilling installation of or seabed preparation for foundations, vessels or cables or cable installation, and drilling mud is disposed of within the Order limits seaward of MHWS. (5) The undertaker must ensure that any rock material used in the construction of the authorised development is from a recognised source, free from contaminants and containing minimal fines. (6) In the event that any rock material used in the construction of the authorised development is misplaced or lost below MHWS, the undertaker must report the loss to the MMO Local Office in writing within 48 hours of becoming aware of it and if the MMO, in consultation with the MCA and Trinity House, reasonably considers such material to constitute a navigation or environmental hazard (dependent on the size and nature of the material) the undertaker must endeavour to locate the material and recover it at its own expense. (7) The undertaker must 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 the freeing ports. (8) The undertaker must ensure that any oil, fuel or chemical spill within the marine environment is reported in writing to the MMO, Marine Pollution Response Team in accordance with the marine pollution contingency plan agreed under condition 22(1)(d)(i). (9) Regarding incidents of dropped objects— (a) Debris or dropped objects within the Order limits which are considered a danger or hazard to navigation must be reported as soon as reasonably practicable but no later than six hours from the undertaker becoming aware of an incident, to the relevant HM Coastguard Maritime Rescue Co-ordination Centre by telephone (Dover Maritime Rescue Coordination Centre: 0344 382 0593), and the UK Hydrographic Office email: navwarnings@btconnect.com; (b) All dropped objects, including those in (a), within the Order limits must be reported to the MMO using the dropped object procedure form (including any updated form as provided by the MMO) as soon as reasonably practicable and in any event within 24 hours of the undertaker becoming aware of an incident, unless otherwise agreed in writing with the MMO; and (c) On receipt of notification or the dropped object procedure form, the MMO may require relevant surveys to be carried out by the undertaker (such as side scan sonar) if reasonable to do so and the MMO may require obstructions to be removed from the marine environment at the undertaker’s expense if reasonable to do so. Force majeure 21 (1) If, due to stress of weather or any other cause, the master of a vessel determines that it is necessary to deposit the authorised deposits within or outside of the Order limits because the safety of human life and/or of the vessel is threatened (an “unauthorised deposit”), full details of the circumstances of the deposit must be notified to the MMO in the manner provided in condition 20(9) within 48 hours. (2) Any unauthorised deposit must be removed at the expense of the undertaker unless written approval is obtained from the MMO. Pre-construction plans and documentation 22 (1) 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) 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— (i) 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; (ii) the dimensions of each offshore substation platform to be installed, including any antennae; (iii) the length, depth and arrangement of cables comprising Work Nos. 2, 3 and 4A including cable crossings; (iv) the type and dimensions of all foundations for the offshore substation platforms; (v) the proposed layout of all offshore substation platforms including any exclusion zones identified under sub-paragraph (2)(d); and (vi) any exclusion zones or micro-siting requirements identified in any mitigation plan pursuant to sub-paragraph (2)(d) or relating to any habitats of principal importance identified as part of surveys undertaken in accordance with condition 27; (b) a construction programme for the relevant stage, unless otherwise agreed in writing with the MMO, to include details of— (i) the proposed construction start date; (ii) proposed timings for mobilisation of plant delivery of materials and installation works; and (iii) an indicative written construction programme for all offshore substation platforms and cable comprised in the Work Nos. 2, 3 and 4A and the works in paragraph 2 (insofar as not shown in sub-paragraph (ii) above); (c) a construction method statement in accordance with the construction methods assessed in the environmental statement and including details for the relevant stage of— (i) 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); (ii) contractors; and (iii) associated ancillary works; (d) 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— (i) 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; (ii) 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— (aa) the function of the chemicals; (bb) the quantities being used and the frequency of use; and (cc) 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); (iii) a marine biosecurity plan detailing how the risk of introduction and spread of invasive non-native species will be minimised; and (iv) waste management and disposal arrangements; and (v) 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; (e) 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; (f) details of proposed pre-construction monitoring surveys, construction monitoring, post-construction monitoring and related reporting in accordance with conditions 27, 28 and 29; (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 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; (h) a cable specification and installation plan for the relevant stage, in accordance with the outline cable specification and installation plan, to include— (i) 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; (ii) a detailed cable laying plan for the Order limits within that stage, incorporating a burial risk assessment demonstrating compliance with condition 10(4); (iii) 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; (iv) 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 (v) 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; (i) 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; (j) an offshore monitoring plan for the relevant stage which accords with the principles set out in the outline offshore in-principle monitoring plan. (k) 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; (l) a vessel traffic monitoring plan for the relevant stage which accords with the principles set out in the outline vessel traffic monitoring plan; (m) 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 ; (n) 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 (o) 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. (2) 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— (a) details of responsibilities of the undertaker, archaeological consultant and contractor; (b) a method statement 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 six months of any survey being completed; (d) delivery of any mitigation including, where necessary, identification and modification of archaeological exclusion zones prior to construction; (e) monitoring of archaeological exclusion zones during and post construction, including provision of a report on such monitoring; (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 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; (g) 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 (h) 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. (3) 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. (4) 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. (5) 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. (6) 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. (7) 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. (8) 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). 23 (1) Except where otherwise stated or agreed in writing with the MMO, each programme, statement, plan, protocol or scheme required to be approved under condition 22 (save for that required under condition 22(1)(f)) must be submitted for approval at least six months prior to the intended commencement of the relevant stage of the licensed activities. (2) The pre-construction monitoring surveys, construction monitoring, post-construction monitoring and related reporting required under condition 22(1)(f) must be submitted in accordance with the following, unless otherwise agreed in writing with the MMO— (a) at least six months prior to the first survey of the relevant stage, detail of any pre– construction surveys and an outline of all proposed monitoring; (b) at least six months prior to construction, detail on construction monitoring; and (c) at least six months prior to commissioning, detail of postconstruction (and operational) monitoring. (3) The MMO must determine an application for approval made under condition 22 within a period of six months commencing on the date the application is received by the MMO, unless otherwise agreed in writing with the undertaker such agreement not to be unreasonably withheld or delayed. (4) The licensed activities must be carried out in accordance with the approved plans, protocols, statements, schemes and details approved under condition 22, unless otherwise agreed in writing by the MMO (provided that before giving any such agreement the MMO must consult with any party that it was required to consult with, or who would have given a prior approval, in relation to a relevant plan, protocol, statement, scheme or details pursuant to condition 22). (5) The plans, protocols, statements, schemes and details submitted under condition 22 must ensure that any residual effects fall within the scope of those predicted in the environmental statement. Southern North Sea Special Conservation Area Site Integrity Plan 24 (1) No piling activities can take place until a southern north sea special area of conservation site integrity plan, which accords with the principles set out in the outline southern north sea special area of conservation site integrity plan, has been submitted to and approved in writing by the MMO in consultation with the relevant SNCB. (2) The southern north sea special area of conservation site integrity plan submitted for approval under sub-paragraph (1) must contain a description of the conservation objective for the SNS SAC, as well as any relevant management measures and it must set out the key SNCB advice on activities within the SNS SAC relating to piling as set out within the JNCC Guidance and how this has been considered in the context of the licensed activities. (3) The southern north sea special area of conservation site integrity plan submitted for approval under sub-paragraph (1) must be submitted in writing to the MMO no earlier than nine months and no later than six months prior to the commencement of piling activities. (4) In approving the southern north sea special area of conservation site integrity plan under sub-paragraph (1) the MMO must determine whether the licensed activities at the pre-construction stage, in-combination with other plans and projects, would be in line with the JNCC Guidance. (5) The southern north sea special area of conservation site integrity plan approved by the MMO under sub-paragraph (1) may be amended with the prior written approval of the MMO, in consultation with the relevant SNCB, where the MMO determines that the licensed activities, in-combination with other plans or projects at the pre-construction stage, is in line with the JNCC Guidance. (6) The licensed activities must be carried out in accordance with the SIP approved under this condition 24, unless otherwise agreed in writing with the MMO. Offshore safety management 25 No stage of the authorised development may commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and adequately addressed all MCA recommendations as appropriate to the authorised development contained within MGN654. Reporting of engaged agents, contractors and vessels 26 (1) The undertaker must provide the following information to the MMO— (a) the name, company number, address and function of any agent, contractor or subcontractor appointed to engage in the licensed activities not less than ten working days prior to such agent or contractor commencing any licensed activity; and (b) each week during the construction of the authorised development a list of the vessels currently and to be used in relation to the licensed activities, including the master’s name, vessel type, vessel IMO number and vessel owner or operating company. (2) Any changes to the supplied details must be notified to the MMO in writing, as far as practicable, prior to the agent, contractor or vessel engaging in the licensed activities. (3) The undertaker must notify the MMO in writing not less than 24 hours prior to the commencement of major component exchanges, ladder replacements or cable related works— (a) any agents, contractors or subcontractors that will carry out such works; and (b) any vessel proposed to be used for such works, including the master’s name, vessel type, vessel IMO number and vessel owner or operating company. Pre-construction monitoring and surveys 27 (1) The undertaker must in discharging condition 22(1)(f) for construction submit a monitoring plan in accordance with the outline offshore in-principle monitoring plan for written approval by the MMO in consultation with the relevant SNCB, 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 offshore in-principle 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 postconstruction 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 of the Order limits and a buffer outside, that meets the requirements of IHO S44ed6 Order 1a, to— (i) determine the location, extent and composition of any biogenic or geogenic reef features, as set out within the outline offshore in-principle 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) a bathymetric survey that meets the requirements of IHO S44ed6 Order 1a of the area within the Order Limits within which it is proposed to carry out construction works. (3) The pre-construction survey(s) carried out pursuant to sub-paragraphs (2)(a) and (2)(b) 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 approved monitoring plan or plans in accordance with that plan or plans, unless otherwise agreed in writing by the MMO in consultation with the relevant SNCB. (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 SNCB, the MCA and UK Hydrographic Office as relevant. Construction monitoring 28 (1) The undertaker must, in discharging condition 22(1)(f) in respect of construction monitoring, submit a construction monitoring plan or plans for that stage in accordance with the outline offshore in-principle monitoring plan for written approval by the MMO in consultation with the relevant SNCB, which must include details of any proposed construction monitoring, including methodologies and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in accordance with the principles set out in the outline offshore in-principle monitoring plan and must specify the objectives for each survey and explain how the survey will assist in either informing a useful and valid comparison with the pre-construction position and/or will enable the validation or otherwise of key predictions in the environmental statement. (2) If the plan or plans submitted to the MMO under this condition contain survey proposals, the construction monitoring plan must include, in outline— (a) vessel traffic monitoring by automatic identification system for the duration of the construction period, with provision for a report to be submitted to the MMO, Trinity House, and the MCA annually during the construction period for the authorised development; and (b) where piled foundations are to be employed, unless otherwise agreed by the MMO in writing, details of proposed monitoring of the noise generated by the installation of the first four piled foundations of each piled foundation type to be constructed collectively under this licence and the deemed marine licences granted under Schedules 8 and 10 of the Order. (3) If, in the reasonable opinion of the MMO in consultation with the SNCB the monitoring carried out pursuant to condition 28(2)(b) above shows impacts significantly in excess to those assessed in the environmental statement and there has been a failure of the mitigations set out in the marine mammal mitigation protocol, all piling activity must cease until either contingency measures approved within the marine management mitigation protocol have been implemented or an update to the marine mammal mitigation protocol and further monitoring requirements have been agreed. (4) The undertaker must carry out the surveys specified within the approved construction monitoring plan or plans in accordance with that plan or plans, and provide the approved reports in the format and to timings approved pursuant to sub-paragraph (1), unless otherwise agreed in writing by the MMO in consultation with the relevant SNCB. (5) If, in the event that the reports provided under sub-paragraph (4) identify significant effects not previously assessed or beyond those predicted within the Environmental Statement, an adaptive management plan that aims to reduce effects to within what was predicted in the Environmental Statement, unless otherwise agreed with the MMO in writing, must be submitted to the MMO as soon as reasonably practicable after providing to the MMO the report(s) submitted under sub-paragraph (4). The adaptive management plan must be approved by the MMO in consultation with the relevant SNCB. Any such agreed and approved adaptive management or mitigation should be implemented and monitoring undertaken in full to a timetable first agreed in writing with the MMO. In the event that the adaptive management measures require separate consent, the undertaker shall apply for such consent but only be required to undertake the relevant adaptive management once the consent is granted, with the timetable in the plan adjusted accordingly. Post-construction monitoring 29 (1) The undertaker must, in discharging condition 22(1)(f) in respect of post-construction monitoring, submit a post-construction monitoring plan or plans for that stage in accordance with the outline offshore in-principle monitoring plan for written approval by the MMO in consultation with the relevant SNCB including details of proposed post-construction surveys, including methodologies (including appropriate buffers, where relevant) and timings, and a proposed format, content and timings for providing reports on the results. The survey proposals must be in accordance with the principles set out in the outline offshore in-principle monitoring plan and must specify objectives for each survey and explain how the survey will assist in either informing a useful and valid comparison with the preconstruction position and/or will enable the validation or otherwise of key predictions in the environmental statement. (2) If the plan or plans submitted to the MMO under this condition contain survey proposals, the post-construction survey plan or plans must include, in outline— (a) details of a survey to determine any change in the location, extent and composition of any biogenic or geogenic reef feature identified in the pre-construction survey in the parts of the offshore Order limits in which construction works were carried out. The survey design must be informed by the results of the pre-construction benthic survey; (b) a bathymetric survey to monitor the effectiveness of archaeological exclusion zones. The data will be analysed by an accredited archaeologist as defined in the marine written scheme of archaeological investigation required under condition 22(2); and (c) vessel traffic monitoring by automatic identification system for a duration of three consecutive years following the completion of construction of the authorised development, unless otherwise agreed in writing by the MMO, with provision for a report to be submitted annually to the MMO, Trinity House, and the MCA. (3) The undertaker must conduct a swath bathymetric survey to IHO S44ed6 Order 1a of the installed export cable route and provide the data and survey report(s) to the MCA and UKHO. The MMO should be notified once this has been done, with a copy of the Report of Survey also sent to the MMO. (4) The undertaker must carry out the surveys specified within the approved post-construction monitoring plan or plans in accordance with that plan or plans and provide the agreed reports in the agreed format, unless otherwise agreed in writing with the MMO in consultation with the relevant SNCB. (5) Within 12 weeks of completion of any cable repair or replacement works, the undertaker must undertake a post installation survey along the section of cable that has undergone repair or replacement to demonstrate the successful burial of the cable, and submit a report to the MMO in writing on its findings. (6) If, in the event that the reports provided under sub-paragraph (4) identify significant effects not previously assessed or beyond those predicted within the Environmental Statement, an adaptive management plan that aims to reduce effects to within what was predicted in the Environmental Statement, unless otherwise agreed with the MMO in writing, must be submitted to the MMO as soon as reasonably practicable after providing to the MMO the report(s) submitted under sub-paragraph (4). The adaptive management plan must be approved by the MMO in consultation with the relevant SNCB. Any such agreed and approved adaptive management or mitigation should be implemented and monitoring undertaken in full to a timetable first agreed in writing with the MMO. In the event that the adaptive management measures require separate consent, the undertaker shall apply for such consent but only be required to undertake the relevant adaptive management once the consent is granted, with the timetable in the plan adjusted accordingly. (7) To the extent that a survey under sub-paragraphs (3), (4) or (5) relates to the Areas of Interest, the undertaker must provide a copy of it to the local harbour authorities. Timing of monitoring report 30 Any monitoring report compiled in accordance with the monitoring plans provided under conditions 27, 28 and 29 must be provided to the relevant body no later than four months following receipt by the undertaker of the results of monitoring to which it relates, unless otherwise agreed with the relevant body in writing. Reporting of impact pile driving 31 (1) In the event that driven or part-driven pile foundations are proposed to be used as part of the foundation installation the undertaker must provide the following information to the marine noise registry— (a) no less than six months prior to the commencement of each stage of construction of the licensed activities, information on the expected location, start and end dates of impact pile driving to satisfy the marine noise registry’s Forward Look requirements; (b) within two weeks after commencement of each stage of construction of the licensed activities, information on the location, start and end dates of impact pile driving to satisfy the Marine Noise Registry’s Forward Look requirements; and (c) at six month intervals following the commencement of pile driving, information on the locations and dates of impact pile driving to satisfy the marine noise registry’s Close Out requirements by 7 April for winter season October – March inclusive and 7 October for summer season April – September inclusive; or within 12 weeks of completion of impact pile driving, whichever is earlier. (2) The undertaker must notify the MMO in writing of the successful submission of Forward Look or Close Out data pursuant to sub-paragraph (1) above within 7 days of the submission. (3) For the purpose of this condition, “Forward Look” and “Close Out” mean the requirements as set out in the UK Marine Noise Registry Information Document Version 1 (July 2015) as amended, updated or superseded from time to time. Maintenance reporting 32 (1) An annual maintenance report must be submitted to the MMO in writing within one month following the first anniversary of the date of commencement of operations, and every year thereafter until the permanent cessation of operation. (2) The report must provide a record of the licensed activities as set out in condition 13 during the preceding year, the timing of activities and methodologies used. (3) Every fifth year, the undertaker must submit to the MMO in writing, within one month of that date, a consolidated maintenance report, which will— (a) include a review of licensed activities undertaken during the preceding five years with reference to the reports submitted in accordance with sub-paragraph (1) of this condition; and (b) reconfirm the applicability of the methodologies and frequencies of the licensable activities permitted by this licence for the remaining duration of this licence. Stages of construction 33 (1) The licenced activities must not be commenced until a written scheme setting out the stages of construction of the authorised development seaward of MHWS has been submitted to and approved by the MMO in writing. (2) The scheme must be implemented as approved. (3) The written scheme referred to in sub-paragraph (1) must be submitted to the MMO in writing four months prior to the planned commencement of the licenced activities. Completion of construction 34 (1) The undertaker must submit a close out report in writing to the MMO and the relevant SNCB within three months of the date of completion of construction. The close out report must confirm the date of completion of construction and must include the final number of installed offshore substation platforms. (2) Following completion of construction, no further construction activities can be undertaken under this licence. Cable and Scour Reporting 35 (1) Not more than four months following completion of the construction of the licensed activity, the undertaker must provide the MMO and the relevant SNCBs with a report setting out details of the cable protection and scour protection used for the licensed activities. (2) The report must include the following information— (a) The location of cable protection and scour protection; (b) The volume of cable protection and scour protection; and (c) Any other information relating to the cable protection and scour protection as agreed between the MMO and the undertaker. 36 The undertaker must submit a close out report to the MCA, Trinity House and the UK Hydrographic Office within three months of the date of completion of construction. The close out report must confirm the date of completion of construction and must include the following— (a) the final number of installed offshore substation platforms; (b) a plan of the layout of installed offshore substation platforms; and (c) latitude and longitude coordinates of the centre point of the location of each offshore substation platform, provided as Geographical Information System data referenced to WGS84 datum. Deployment of cable protection 37 Any cable protection authorised under this licence must be deployed within 10 years from the date the Order comes into force unless otherwise agreed by the MMO in writing. Placement of cable and cable protection proximate to Margate and Long Sands SAC 38 (1) Unless otherwise agreed in writing by the MMO in consultation with the relevant SNCB, no cable circuits comprised in Work No. 3 or cable protection measures shall be installed within the area defined by the coordinates as specified in the table in sub-paragraph (3). (2) If agreement with the MMO is obtained pursuant to sub-paragraph (1), the undertaker must install any cable circuits or cable protection measures in accordance with the details approved under sub-paragraph (1). (3) The coordinates referred to in sub-paragraph (1) are specified in the table— (1) Point | (2) Latitude | (3) Longitude 1 | 51° 48.36144N | 001° 42.77159E 2 | 51° 48.37295N | 001° 42.76875E 3 | 51° 48.41343N | 001° 42.75876E 4 | 51° 48.66988N | 001° 42.69547E 5 | 51° 48.67455N | 001° 42.69432E 6 | 51° 48.67936N | 001° 42.69320E 7 | 51° 48.69382N | 001° 42.69006E 8 | 51° 48.70770N | 001° 42.68329E 9 | 51° 49.05786N | 001° 42.32663E 10 | 51° 49.07583N | 001° 42.30832E 11 | 51° 49.21771N | 001° 42.16377E 12 | 51° 49.68296N | 001° 41.68965E 13 | 51° 49.72103N | 001° 41.65085E 14 | 51° 50.89144N | 001° 40.45719E 15 | 51° 50.92384N | 001° 40.42412E 16 | 51° 50.90057N | 001° 40.57444E 17 | 51° 50.73624N | 001° 40.74293E 18 | 51° 50.71250N | 001° 40.76728E 19 | 51° 48.88430N | 001° 42.64015E 20 | 51° 48.75971N | 001° 42.76767E 21 | 51° 48.75135N | 001° 42.77623E 22 | 51° 48.74687N | 001° 42.78049E 23 | 51° 48.74223N | 001° 42.78428E 24 | 51° 48.73745N | 001° 42.78759E 25 | 51° 48.73255N | 001° 42.79039E 26 | 51° 48.72755N | 001° 42.79267E 27 | 51° 48.72246N | 001° 42.79444E 28 | 51° 48.71751N | 001° 42.79563E 29 | 51° 48.71659N | 001° 42.79576E 30 | 51° 48.71252N | 001° 42.79634E 31 | 51° 48.70751N | 001° 42.79654E 32 | 51° 48.70246N | 001° 42.79632E 33 | 51° 48.69742N | 001° 42.79576E 34 | 51° 48.61790N | 001° 42.78554E 35 | 51° 48.58695N | 001° 42.78167E 36 | 51° 48.57932N | 001° 42.78155E 37 | 51° 48.51798N | 001° 42.78057E 38 | 51° 48.49747N | 001° 42.78025E 39 | 51° 48.49537N | 001° 42.78021E 40 | 51° 48.44900N | 001° 42.77947E 41 | 51° 48.37184N | 001° 42.77338E 42 | 51° 48.36482N | 001° 42.77282E 43 | 51° 48.36309N | 001° 42.77269E 44 | 51° 48.36148N | 001° 42.77256E 45 | 51° 48.35849N | 001° 42.77232E 46 | 51° 48.35989N | 001° 42.77198E Pre-construction, construction and post-construction monitoring and the local harbour authorities 39 (1) The undertaker must consult the local harbour authorities on the proposed activities and programme for any pre-construction monitoring, construction monitoring, postconstruction monitoring and related reporting within the Areas of Interest no less than 20 business days before such survey work is programmed to commence. The undertaker must have regard to any request made by the local harbour authorities for reasonable amendment to the proposed activities or programme, which request must be made to the undertaker within 5 business days of receipt of the details of the proposed activities and programme. (2) The undertaker must notify the local harbour authorities of the final planned programme for any pre-construction monitoring, construction monitoring, postconstruction monitoring within the Areas of Interest no less than 5 business days before such survey work is programmed to begin. (3) The undertaker must consult the local harbour authorities on any application for marine licensing for the clearance of unexploded ordnance within or which may affect the Areas of Interest before such applications are submitted to the MMO. The undertaker must have regard to any request made by the local harbour authorities for reasonable amendment to the proposed application, which request must be made to the undertaker within 10 business days of receipt of the details of the proposed application. (4) The undertaker must notify the local harbour authorities of the final programme for any clearance of unexploded ordnance to be undertaken within the Areas of Interest no less than 20 business days before such disposal is programmed to begin. Remediation 40 (1) Where, following the installation or maintenance of cables forming Work No. 3, located within the Areas of Interest, it is identified by the undertaker (who shall notify the MMO and the local harbour authorities as soon as reasonably practicable of this fact and in any event within 2 business days) or, following inspection by a local harbour authority (and the same is notified to the undertaker as soon as reasonably practicable), that the level of any cable is such that the condition 10(4) has not been achieved or at any time following installation or maintenance the cable has moved such that the requirements of condition 10(4) are no longer being achieved, then, unless otherwise agreed in writing with the MMO and the local harbour authorities, the undertaker is required to carry out remediation works as specified in the cable specification and installation plan subject to subject to sub paragraph (2) below. (2) Unless otherwise agreed in writing with the MMO and the local harbour authorities, the undertaker will carry out the following arrangements for the carrying out of the remediation works— (a) the undertaker will re-bury the cable to the required specification to achieve the requirements of condition 10(4); and (b) following the completion of the works in sub-paragraph (2)(a), if it is identified by the undertaker or the local harbour authorities (following inspection) that the required specification is not achieved, then the undertaker will remove the cable without unreasonable delay and thereafter relay a new cable pursuant to an updated cable specification and installation plan approved by the MMO and the local harbour authorities which updated cable specification and installation plan specifically identifies and addresses why the previous cable burial was not successful, how that has been addressed and what measures are to be used in relaying the cable to prevent the failure reoccurring. (3) The steps in this paragraph shall be repeated until the requirement in condition 10(4) is achieved or the cable is permanently removed from the areas referred to in paragraph 38(1).