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Advice to Ferdinando Giammichele

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Enquiry

From
Ferdinando Giammichele
Date advice given
17 September 2013
Enquiry type
Email

DONG Energy is intending to increase the total installed capacity of the offshore wind farm stated in the draft DCO by 1 MW, from 258 MW to 259 MW.

In support of this change, DONG Energy is conducting an audit of the Environmental Statement (ES) to present to the Examining Authority during the examination. This document demonstrates that the increase in MW capacity is a minor change to the Project, as all other parameters will remain the same in the draft DCO and the revised MW capacity still falls within the worst case as assessed in the ES.

Other consents (being the modification application to National Grid and the Agreement for Lease) are being sought and DONG Energy will update the Examining Authority on their progress during the examination.

With the Examining Authority's consent, DONG Energy will make the audit referred to above available on 28 October 2013 (Deadline I).

Advice given

I refer to your letter of 10 September 2013, providing a progress update in respect of the application, prior to the preliminary meeting.

Amongst the issues raised was a proposal to increase the installed capacity of the project by 1 MW, described in your letter in the following terms:

?Increase in Installed Capacity from 258 to 259 MW 3.5 DONG Energy is intending to increase the total installed capacity of the offshore wind farm stated in the draft DCO by 1 MW, from 258 MW to 259 MW. 3.6 In support of this change, DONG Energy is conducting an audit of the Environmental Statement (ES) to present to the Examining Authority during the examination. This document demonstrates that the increase in MW capacity is a minor change to the Project, as all other parameters will remain the same in the draft DCO and the revised MW capacity still falls within the worst case as assessed in the ES. 3.7 Other consents (being the modification application to National Grid and the Agreement for Lease) are being sought and DONG Energy will update the Examining Authority on their progress during the examination. 3.8 With the Examining Authority's consent, DONG Energy will make the audit referred to above available on 28 October 2013 (Deadline I).? The Examining authority (ExA) will need to consider whether the change that you propose is a minor change, capable of being considered within the current examination process.

This letter provides you with advice under section 51 of the Planning Act 2008 (as amended) (?s51 advice?) about the information that will be necessary to enable the ExA to undertake that consideration.

Whilst the audit approach that you outline in paragraph 3.6 of your letter appears in general terms to be an appropriate course of action, its precise purpose and the detail of its operation remain unclear.

Irrespective of whether or not this is considered to be a minor change to the project, you are requested to commence by setting out a clear statement of what is proposed to change.

Paragraph 3.6 of your letter does not explain how the audit process will then demonstrate how the change might affect the assessment already undertaken or how the conclusions reached with regard to the impacts of the proposed change to the scheme will be explained.

In order to address these matters, it would assist the ExA for a table to be prepared, setting out the likely significant impacts already identified in the ES and to assess against each impact whether or not the proposed change alters the original assessment and provides a description to justify the conclusions reached. A rigorous review will help to demonstrate that your assessment is robust.

It will also be necessary for you to consider and identify whether any new (un-assessed) impacts would arise from the proposed change.

You are requested to assess whether the proposed increase of 1MW affects the 'worst case' parameters that have been identified and assessed for each EIA topic considered in the ES, not only in terms of potential impacts on the number of turbines, but also inter-array and export cables, substations and all other significant elements of project construction. Your revised assessment will also need to assess whether or not the proposed change to the total installed capacity has any implications for any development within Welsh Waters (export cable) and the onshore development in Wales, which would be considered in the EIA under cumulative impacts. The effect on any proposed mitigation identified in the ES will also need to be considered.

You do not expressly refer to the need to reconsider the Habitat Regulations Assessment (HRA) report provided with the application. It will be equally relevant and important for you to address the HRA as well as the ES. It would therefore assist the ExA if you were to consider the impact of the proposed change on the parameters assessed in the HRA and the outcome of the conclusions reached in relation to the European sites assessed and any mitigation proposed for those sites.

The timing for the receipt of your review of the ES and HRA Report has been added to the agenda for the Preliminary Meeting. The ExA will hear submissions from you and invited attendees, before making a decision about the date, which will be confirmed in the examination timetable. However, unless there are well argued reasons why draft timetable Deadline I should not be adopted as the submission date, it would appear reasonable for you to plan to submit on that date. Please note that this advice is without prejudice to the exercise of discretion by the ExA.