Offshore Renewables Planning and Consenting Issues Tim Norman Planning & Consents Manager 17 September 2009

Contents Offshore renewables activities Emerging consents regime Examples of TCE activities Challenges and issues

The Crown Estate is an Estate in Land which includes The Urban Estate: Substantial blocks of commercial and residential property including Regent Street & Pall Mall The Rural Estate: Approximately 110,000 hectares of agricultural land And …

Approx. 17,250km of foreshore (55%) Rights to explore & utilise the natural resources of the continental shelf out to 200nm (excluding hydrocarbons) Rights to lease areas for the generation of renewable energy within the UK’s Renewable Energy Zone & rights to lease areas for CCS/gas storage …The Marine Estate The Territorial Seabed (out to 12 nautical miles)

The Crown Estate Act 1961 Section 1(3) “It shall be the general duty of the Commissioners, while maintaining the Crown Estate … to … enhance its value and the return obtained from it, but with due regard to the requirements of good management” Sustainable management and long term view (commercialism and stewardship)

Round 3 : Round 3 25GW by Zones Exclusive agreements and strategic site selection ZDAs signed by end of 2009

Exclusivity awards granted Jan 2009 About 6.4 GW identified Scottish Govt carrying out SEA IDSite NameCompany Size (MW) Area (sq. km) 1Solway Firth E.ON Climate & Renewables UK Developments Wigtown BayDong Wind (UK) Ltd KintyreAirtricity Holdings (UK) Ltd IslayAirtricity Holdings (UK) Ltd Argyll ArrayScottish Power Renewables1, Beatrice Airtricity Holdings UK Ltd / SeaEnergy Renewables Ltd Inch Cape NPower Renewables Ltd / SeaEnergy Renewables Ltd Bell Rock Airtricity Holdings UK Ltd / Fluor Ltd Neart na Gaoithe Mainstream Renewable Power Ltd Forth ArrayFred Olsen Renewables Ltd Scottish Territorial Waters

The Pentland Firth Strategic Area (Marine energy) 700MW by 2020 Marine Spatial Plan framework being prepared by Scottish Govt

Pentland Firth Round 3 Scottish Territorial Waters Construct Tender process ConsentOperate Timescales for delivery of renewable energy

Planning Act (2008) Received Royal Assent in late 2008 New planning regime for Nationally Significant Infrastructure Projects (NSIP) Wind farms >100MW considered NSIP Clearer distinction between policy and decision-making Policy – addressed through National Policy Statements Decision-making – Infrastructure Planning Commission Secondary Legislation and Statutory Guidance to flesh out the new regime and its processes (e.g. applications, determinations, fees; habitats, EIA and transitional arrangements)

Infrastructure Planning Commission New independent body making decisions on NSIP applications IPC must determine in accordance with the NPS, unless: adverse impacts outweigh benefits breach of international obligations be unlawful breach statutory duty contrary to regulations about how decisions are to be taken IPC can require mitigation Statutory time limit of nine months for inquiry and decision – can be extended if reasons given to SofS Expect total time from submission of application to decision to be about a year - although a few cases may take longer

LA views on consultation LA views on consultation Community and others consulted Promoter must have regard to responses Promoter submits application IPC decides whether to accept application Consultees make comments to IPC IPC considers evidence IPC holds ‘open floor’ ‘specific Issues’ Promoter notifies consultees of comments deadline Promoter consults LA on statement of community consultation IPC decides Application in accordance with NPS Structured Consultation

Consents in Scotland Stream-lined and simplified approach to issuing licences Licences issued by Marine Scotland – a “one-stop-shop” replacing FEPA and CPA consents Marine (Scotland) Bill proposes co- ordination of S. 36 and Marine Licence applications

Emerging characteristics of marine planning & consents regime More strategic Streamlining of applications More structured consultation

Examples of TCE Activities Pentland Firth Formation of a co-ordination committee with Scottish Government, Highlands and Islands Enterprise and the Highland Council – work stream activities include: Planning and consenting Understanding the strategic planning framework Links with MSP activities Identifying potential consents issues Stakeholder engagement Discussions with agencies, NGOs and other stakeholders Links with MESPG and other committees

Examples of TCE Activities Wind farms in Scottish Territorial Waters Formation of developers groups in strategically important areas such as the Firth of Forth and the West Coast Co-ordination of discussions about cumulative impact assessment issues Co-ordination of surveys and survey methods Stakeholder engagement Grid studies

Examples of TCE Activities Round 3 Engaging with: Govt departments and agencies, local government, industry, trade associations, NGO’s etc to: 1.Understand Round 3 Zone characteristics i.e constraints and opportunities 2.Explore solutions to major barriers such as grid & supply chain, radar, marine mammals etc 3.Understand and discuss the framework for planning and consents with new organisations – IPC, MMO and Marine Scotland 4.Post-consent to continue to lead on some UK issues and provide a strategic UK overview 5.Support the developer in site specific issues where necessary

Examples of TCE Activities Round 3 Identification and commissioning of enabling works to accelerate or de-risk the consents process, including: Aerial bird surveys of key zones Working with BTO on a workshop (funded by COWRIE) to develop standards for high definition photographic survey techniques Working with SMRU and statutory advisors on the development of methods and protocols for the survey of marine mammals

Appropriate Assessment of Round 3 The Habitats Directive requires a competent national authority to carry out an AA (AA) for “any plan or project which is likely to have a significant effect on a Special Area of Conservation” Discussions with DECC confirm that The Crown Estate is the Competent Authority for this AA Working with DECC to ensure robust and timely completion of the AA Competent Authority for AA at project level will be IPC or Scottish Government

Future Issues Dealing with uncertainty Making innovative solutions (eg adaptive management) work within consenting regimes MMO and Marine Scotland Opportunities for streamlining consenting Challenges posed by different consenting regimes Marine Spatial Planning Emerging national policies on renewable energy and the marine environment NPS, MPS, National Marine Plan in Scotland OFTO regime Transfer of decommissioning liabilities Conditions attached to export cables Consents for outline applications