Good afternoon Sir/Madam, Trinity House is the General Lighthouse Authority for England, Wales, the Channel Islands and Gibraltar with powers principally derived from the Merchant Shipping Act 1995 (as amended). The role of Trinity House as a General Lighthouse Authority under the Act includes the superintendence and management of all lighthouses, buoys and beacons within our area of jurisdiction. With reference to the attached pdf and relevant documentation, Trinity House has concerns about the following marine navigation matters: • The suggested additional risk mitigation measures that restrict navigation through the MDZ and exclusion of fishing within the MDZ, as we believe this project to be similar to other offshore renewable energy installations and therefore marine vessels should be able to navigate freely within the “red line boundary”. Moreover, it is unclear which suggested additional mitigation measures will be taken forward by the applicant. • As we do not know where, when and how the MDZ will be developed, the NRA has significant limitations and therefore we would like it secured within the Order that a separate NRA must be produced by the developer of each site within the MDZ. This will ensure cumulative developments within the MDZ are accurately considered. • The safety of navigation issue is imperative and conditions 20 & 21 in the draft order may require some re-drafting, as we would like to see matters such as layout design(s), aids to navigation requirements and promulgation of marine information more adequately secured. We will provide more substantive comments and propose wording regarding the draft order in due course but attach a list of our standard conditions for renewable energy projects for your information. Please address all correspondence regarding this matter to myself at [email protected] and copied to Russell Dunham at [email protected]. Kind regards, Stephen Vanstone Navigation Services Officer | Navigation Directorate | Trinity House The Transport and Works Act 1992 The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 The Morlais Demonstration Zone Order NOTICE OF APPLICATION FOR AN ORDER Menter Môn Morlais Limited of Llangefni Town Hall, Llangefni, Anglesey, LL77 7LR has applied to the Welsh Government under section 6 of the Transport and Works Act 1992 for the above-mentioned Order under sections 3 and 5 of that Act on September the 16th, 2019. The Order would authorise the construction and operation of tidal energy devices and associated infrastructure within an offshore demonstration zone known as the Morlais Demonstration Zone (“MDZ”) which covers an area of 35 square kilometres of the Irish Sea to the west of Holy Island, Anglesey. The Order would also authorise export cables on the seabed within an export cable corridor covering an area of 4.75 square kilometres between the MDZ and a landfall site on the western coast of Holy Island known as Abraham’s Bosom. In addition to the offshore works, the Order would also authorise onshore works between a proposed electricity substation at the landfall site and a site to the east of Holyhead adjacent to the A55 to provide a grid connection with the existing electricity network infrastructure. The Order would confer power to transfer the benefit of the Order to another person and powers to execute street works, to temporarily stop up streets, to create or improve existing means of access, to enter into agreements with street authorities, to use private roads for the construction of the works, to discharge water into watercourses and public sewers or drains, to carry out protective works to buildings and to survey and investigate land. The Order also provides a saving for the Marine and Coastal Access Act 2009, a power to dredge, provision against danger to navigation and in relation to the abatement of tidal works abandoned or destroyed, for the survey of, and lights on, tidal works and relating to safety of navigation. A separate application for a marine licence in respect of the offshore works is being made to Natural Resources Wales and is subject to a separate consultation exercise. In connection with the onshore works, the Order seeks to confer powers for the compulsory acquisition and use of land for the purposes of those works and for ancillary purposes. The Order would confer powers to acquire easements or other rights in land and impose restrictive covenants, to acquire the subsoil only of land, to appropriate the subsoil or airspace of streets, to use land temporarily for the purposes of constructing and maintaining the works, provision for the incorporation of the mineral code, to disregard certain interests and improvements in land, to set-off for any enhancement in the value of retained land in assessing compensation and to override, extinguish or suspend easements and other rights The Order also provides for the application and modification of compulsory purchase enactments and a time limit of five years for the exercise of the powers of compulsory acquisition conferred under the Order. The Order provides for the disapplication of section 36 of the Electricity Act 1989 and section 23 of the Land Drainage Act 1991, a defence relating to proceedings in respect of statutory nuisance, power to lop trees and remove hedgerows, for overriding the application of landlord and tenant law, would make it an offence to obstruct the construction of the works, provides for safety zones for navigation, trawling and anchoring, provisions for the protection of statutory undertakers and other interests, savings for Trinity House and the Crown, the disapplication of certain provisions of the Neighbourhood Planning Act 2017 and includes ancillary provisions. The application is to be made subject to an environmental impact assessment. The application contains a statement that a direction for deemed planning permission is being applied for. A copy of the application for the Order, and of all plans and other documents submitted with it, may be inspected free of charge from 16th of September 2019 to 31st of October 2019 at the places and at the times set out in the Schedule to this notice. A copy of the application for the Order, and of all plans and other documents submitted with it, may also be viewed at www.morlaisenergy.com Copies of that information may be obtained from Menter Môn by emailing [email protected] or through phoning 01248 725 722. A charge may be payable. Any objections to, or other representations about, the proposals in the application should be sent to the Welsh planning Inspectorate either via email or through the post: Email: [email protected] Post: The Planning Inspectorate Crown Buildings Cathays Park Cardiff CF10 3N Reference: 3234121 -Transport & Works Act An objection or other representation MUST (i) be received by the Welsh Ministers on or before the 31st of October2019, (ii) be made in writing (whether sent by post or e-mail), (iii) state the grounds of the objection or other representation, (iv) indicate who is making the objection or other representation, and (v) give an address to which correspondence relating to the objection or other representation may be sent. (If you are sending your objection or other representation by e-mail, please provide a postal address.) The Welsh Ministers may publish copies of the objections and other representations on their website, excluding any personal information contained in them, and will copy them to the applicant for the Order including personal details. Eversheds Sutherland (International) LLP, Solicitors and Parliamentary Agents, One Wood Street, London EC2V 7WS Solicitors and Parliamentary Agents on behalf of Menter Môn Cyf. Dated: 16th of September,2019 SCHEDULE ADDRESS TIMES FOR INSPECTION Menter Môn, Monday – Friday between 10:00am 16:00pm Llangefni Town Hall, Llangefni, Anglesey, LL77 7LR Anglesey Business Centre, Monday – Friday between 9:00am – 17:00pm Isle of Anglesey County Council, Bryn Cefni Business Park, Llangefni, Anglesey LL77 7XA Holyhead Library Monday 09.30-18.00 Market Hall Tuesday 09.30-18.00 Stanley Street Wednesday 09.30-13.00 Holyhead Thursday 09.30-18.00 LL65 1HH Friday 09.30-18.00 Saturday 09.30-12.30 Standard navigation conditions for inclusion within Deemed Marine Licences (DML) for offshore renewable energy installations. Agreed by Marine Management Organisation (MMO), Trinity House and Maritime and Coastguard Agency (MCA) ‐ revised July 2019 Notifications and Inspections: 1) The undertaker must inform the MMO Coastal Office in writing at least 5 days prior to the commencement of the authorised project or any part thereof, and within 5 days of completion of the authorised project. 2) The Kingfisher Information Service of Seafish, must be informed of details of the vessel routes, timings and locations relating to the construction of the authorised project or any part thereof by email to [email protected] :‐ a) at least 14 days prior to the commencement of offshore activities, for inclusion in the Kingfisher Fortnightly Bulletin and offshore hazard awareness data, and; b) as soon as reasonably practicable and no later than 24 hours of completion of all offshore activities. Confirmation of notification must be provided to the MMO within 5 days. 3) The undertaker must ensure that a local notice to mariners is issued at least 14 days prior to the commencement of the authorised project or any part thereof advising of the start date of each Work No.<insert> and the expected vessel routes from the construction ports to the relevant location. Copies of all notices must be provided to the MMO and UKHO within 5 days. 4) The undertaker must ensure that local notice to mariners are updated and reissued at weekly intervals during construction activities and at least 5 days before any planned operations and maintenance works and supplemented with VHF radio broadcasts agreed with the MCA in accordance with the construction and monitoring programme approved under deemed marine licence condition <insert>.