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 2020•9 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
ID Site Name Company Size (MW)
Area (sq. km)
1 Solway Firth E.ON Climate & Renewables UK Developments
300 61.46
2 Wigtown Bay Dong Wind (UK) Ltd 280 51.07
3 Kintyre Airtricity Holdings (UK) Ltd 378 69.4
4 Islay Airtricity Holdings (UK) Ltd 680 94.58
5 Argyll Array Scottish Power Renewables 1,500 361
6 Beatrice Airtricity Holdings UK Ltd / SeaEnergy Renewables Ltd
920 121.3
7 Inch Cape NPower Renewables Ltd / SeaEnergy Renewables Ltd
905 149.9
8 Bell Rock Airtricity Holdings UK Ltd / Fluor Ltd
700 92.82
9 Neart na Gaoithe
Mainstream Renewable Power Ltd
360 105.1
10 Forth Array Fred Olsen Renewables Ltd 415 128.4
Scottish TerritorialWaters
The Pentland Firth Strategic Area(Marine energy)
• 700MW by 2020• Marine Spatial
Plan framework being prepared by Scottish Govt
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Pentland Firth
Round 3
Scottish Territorial
Waters
Construct
Tender process Consent
Operate
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 commentsdeadline
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 ActivitiesPentland 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 ActivitiesWind 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 ActivitiesRound 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 opportunities2.Explore solutions to major barriers such as grid & supply chain, radar, marine mammals etc3.Understand and discuss the framework for planning and consents with new organisations – IPC, MMO and Marine Scotland4.Post-consent to continue to lead on some UK issues and provide a strategic UK overview5.Support the developer in site specific issues where necessary
Examples of TCE ActivitiesRound 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