Good afternoon Sir/Madam,

Trinity House is the General Authority for , , the and with powers principally derived from the Merchant Shipping Act 1995 (as amended). The role of as a General Lighthouse Authority under the Act includes the superintendence and management of all , buoys and within our area of jurisdiction.

With reference to the attached pdf and relevant documentation, Trinity House has concerns about the following marine 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 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, 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. and the expected vessel routes from the construction 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 .

Copies of all notices must be provided to the MMO and UKHO within 5 days.

5) The undertaker must notify the UKHO of the completion (within 14 days) of the authorised project or any part thereof in order that all necessary amendments are made to nautical charts.

Copies of all notices must be provided to the MMO within 5 days.

6) In case of damage to, or destruction or decay of, the authorised project or any part thereof the undertaker shall as soon as reasonably practicable and no later than 24 hours following the undertaker becoming aware of any such damage, destruction or decay, notify MMO, MCA, Trinity House and the UKHO.

7) In case of exposure of cables on or above the seabed, the undertaker must within three days following identification of a cable exposure, notify mariners by issuing a notice to mariners and by informing Kingfisher Information Service of the location and extent of exposure.

Pre‐construction plans and documents:

The authorised project shall not commence until the following have been submitted to and approved by the MMO. Each programme, statement, plan, protocol, scheme or other detail required to be approved under this condition must be submitted to the MMO for approval at least 4 months prior to the commencement of the authorised project except where otherwise stated.

1) A plan to be agreed in writing with the MMO following appropriate consultation with Trinity House and the MCA setting out proposed details of the authorised project, including the:

a) number, dimensions, specification, foundation type(s) and depth for each WTGs, offshore platforms, substations and meteorological masts;

b) the grid coordinates of the centre point of the proposed location for each WTG, platform, substation and meteorological mast;

c) proposed layout of all cables; and

d) location and specification of all other aspects of the authorised project.

2) An Aids to Navigation Management Plan to be agreed in writing by the MMO following appropriate consultation with Trinity House specifying how the undertaker will ensure compliance with conditions (1) to (4) of ‘Aids to Navigation’ from the commencement of construction of the authorised project to the completion of decommissioning.

3) No part of the authorised project may commence until the MMO, in consultation with the MCA, has confirmed in writing that the undertaker has taken into account and, so far as is applicable to that stage of the project, adequately addressed all MCA recommendations as appropriate to the authorised project contained within MGN543 "Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response Issues" and its annexes.

4) A construction method statement in accordance with the construction methods assessed in the environmental statement and including details of – i) Cable specification, installation and monitoring, to include: a) technical specification of offshore cables below MHWS; b) a detailed cable laying plan of the Order limits, incorporating a burial risk assessment encompassing the identification of any cable protection that exceeds 5% of navigable depth referenced to chart datum and, in the event that any area of cable protection exceeding 5% of navigable depth is identified, 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 such similar assessment to ascertain suitable burial depths and cable laying techniques, including cable protection; and c) proposal for monitoring offshore cables including cable protection during operational lifetime of the authorized scheme which includes a risk based approach to the management of unburied or shallow buried cables. 5) The undertaker must conduct a swath bathymetric survey to IHO Order 1a of the site and its immediate environs extending to 500m outside of the authorised project area. The survey shall include all proposed cable routes.

This should fulfil the requirements of MGN 543 and its supporting ‘Hydrographic Guidelines for Offshore Developers’, which includes the requirement for the full density data and reports to be delivered to the MCA and the UKHO for the update of nautical charts and publications. This must be submitted as soon as possible, and no later than [three months] prior to construction. The Report of survey must also be sent to the MMO.

Aids to Navigation:

1) The undertaker shall during the whole period from the commencement of construction of the authorised project to the completion of decommissioning exhibit such lights, marks, sounds, signals and other aids to navigation, and to 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 whole period from the commencement of construction of the authorised project to the completion of decommissioning keep Trinity House and the MMO informed of progress of the authorised project including;

a. notice of commencement of construction of the authorised project 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 5 days of completion of construction of the authorised project.

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 using the reporting system provided by Trinity House.

4) The undertaker must during the whole period from the commencement of construction of the authorised project to the completion of decommissioning notify Trinity House and the MMO 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.

Colouring of structures:

1) Except as otherwise required by Trinity House the undertaker must paint all structures forming part of the authorised project yellow (colour code RAL 1023) from at least HAT to a height as directed by Trinity House. Unless the MMO otherwise directs, the undertaker must paint the remainder of the structures grey (colour code RAL 7035). Construction Monitoring of Marine Traffic

1) Construction monitoring must include vessel traffic monitoring by automatic identification system for the duration of the construction period. An appropriate report must be submitted to the MMO, Trinity House and the MCA at the end of each year of the construction period.

Post‐construction plans and documents

1) The undertaker must conduct a swath bathymetric survey to IHO 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.

2) On post decommissioning, the undertaker must conduct a swath bathymetric survey to IHO Order 1a of the cable route and the area extending to 500m from the installed generating assets area and provide the data and survey report(s) to the MCA and UKHO. [Decommissioning is not consented at this stage so this can’t be included in the DCO/DML]

This should fulfil the requirements of MGN 543 and its supporting ‘Post Construction Hydrographic Guidelines for Offshore Developers, which includes the requirement for the full density data and reports to be delivered to the MCA and the UKHO for the update of nautical charts and publications.

3) Post construction monitoring must include vessel traffic monitoring by automatic identification system for a duration of three years following the completion of construction of authorised scheme. An appropriate report must be submitted to the MMO, Trinity House and the MCA at the end of each year of the three year period.

NOTE: These are standard conditions to be applied to all DMLs, other maybe requested for site specific projects.