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39.—(1) No development is to be commenced until an active monitoring scheme has been submitted to and agreed in writing by the MMO, following consultation with the harbour master, Environment Agency and Natural England, such scheme to include the following details—
(a)the location of active monitoring buoys and the depth and design of sensors;
(b)the frequency of measurement of temperature and dissolved oxygen;
(c)24 hours a day, 7 days a week monitoring of noise;
(d)when monitoring is to commence and cease, to include a 2-week period of pre- and post-construction monitoring to establish baseline conditions and the return to baseline conditions respectively;
(e)a log of the number and approximate locations of piling rigs that are in operation on any given day; and
(f)details of how the monitored information will be accessed by or communicated to the site contractor, the harbour master, MMO, the Environment Agency and Natural England as necessary.
(2) The development must be carried out in accordance with the relevant active monitoring scheme.
(3) No percussive piling is to take place while the data from the relevant active monitoring scheme shows either the temperature to be above 21.5 degrees Celsius or dissolved oxygen to be below 5 milligrams per litre, or both.
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