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Advice to The Wirral Society

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Enquiry

From
The Wirral Society
Date advice given
31 July 2013
Enquiry type
Post

The Wirral Society wrote to the Rt Hon Eric Pickles MP, Secretary of State for Communities and Local Government, regarding offshore wind farm development, public consultation and the protection of seascapes.

The Planning Inspectorate was asked to reply, as the executive agency examines nationally significant infrastructure projects (NSIPs) under the Planning Act 2008 (as amended by the Localism Act 2011).

The Planning Inspectorate's Director of Major Applications & Plans responded by letter.

Advice given

Thank you for your letter of 17 June 2013 to the Rt Hon Eric Pickles MP, Secretary of State for Communities and Local Government, regarding offshore wind farm development, public consultation and the protection of seascapes. I have been asked to reply as the Planning Inspectorate examines nationally significant infrastructure projects (NSIPs) under the Planning Act 2008 (as amended by the Localism Act 2011) including offshore wind farm development which falls under this regime.

Under the 2008 Planning Act, National Policy Statements (NPSs) play an important part in the determination of NSIP proposals. NPSs set out national policy relating to the mitigation of, and adaptation to, climate change. Of the six designated Energy NPSs the Renewable Energy NPS (EN-3) is the most relevant to onshore and offshore wind farm development that meet the thresholds for energy sector NSIPs in England and Wales set out under Sections 15 - 21 of the Planning Act 2008 (as amended). There are some exemptions, however, such as offshore wind farms proposed in territorial waters adjacent to Wales where consent is applied for under the Transport and Works Act 1992 (EN-3, para 1.5.2). The Overarching NPS for Energy (EN-1) states that the decision-maker should start with a presumption in favour of granting consents for energy developments that meet the requirements of the NPSs and associated legislation given the national urgency for such infrastructure (EN-1, para 4.1.2). The decision-maker, however, should weigh the potential adverse impacts, including any long-term and cumulative adverse impacts and environmental considerations, against the benefits (EN-1, para 4.1.3). You can find out more about the role of the Energy NPSs and the statutory framework for deciding NSIP applications in Section 1.2 and 4.1 of the Overarching NPS for Energy (EN-1).

NSIPs that are subject to the European Environmental Impact Assessment Directive must be accompanied by an Environmental Statement (ES) that describes the aspects of the environment likely to be significantly affected by the life-span of the proposed NSIP. The applicant’s ES should consider any cumulative effects caused by both the NSIP proposal and how it would ‘combine and interact with the effects of other development (including projects for which consent has been sought or granted, as well as those already in existence’). Where required, a landscape and visual assessment should form part of the ES and address such issues as landscape character and impacts that may be caused by the construction and operation of the NSIP proposal.

Visual effects of development, including seascape, are identified as a relevant consideration in NPSs. NPS EN-3 addresses cumulative assessment and landscape (paras 2.6.198 to 2.6.210) and visual effects are covered in EN-1 (section 5.9). With respect to seascape, in particular, NPS EN-3 states that for proposed offshore wind farms visible from the shore, an applicant may need to carry out a seascape and visual impact assessment (SVIA) in accordance with the relevant offshore wind farm EIA policy (para 2.6.199). For the applicant’s assessment, the three principal considerations for an SVIA and any likely effects are:

  • “limit of visual perception from the coast;
  • individual characteristics of the coast which affect its capacity to absorb a development and;
  • how people perceive and interact with the seascape” (para 2.6.203).

However, there are limited circumstances (para 2.6.208) where a decision maker can refuse to grant consent for a proposed offshore wind farm on the grounds of its adverse effect on the seascape or visual amenity. Such circumstances would be: if an alternative layout within the identified site could be reasonably proposed which would minimise any harm, or; having taken into account the sensitivity of the receptor(s) set out in EN-1 paragraph 5.9.18, the adverse effects of the proposal outweigh the benefits.

In terms of your reference to public consultation, pre-application consultation forms a key requirement of the NSIP application process. An applicant has a duty to consult certain statutory bodies and persons under Section 42 - 46 of the Planning Act 2008 (as amended), and local communities under Section 47 through a Statement of Community Consultation (SoCC), before submitting their application to the Planning Inspectorate. As part of the application documents, the applicant has to produce a ‘consultation report’ setting out how they conducted their consultation in compliance with primary and secondary legislation and how the applicant has had regard to any consultation feedback.

This pre-application consultation stage is when local communities, local authorities and statutory consultees can comment on and influence a proposal before it is formally submitted, including by providing feedback on options. This should enable you to put your society’s views on seascape matters forward to any applicant. If an application is subsequently submitted to, and accepted by, the Planning Inspectorate for examination then you should have further opportunities to make representations during the examination of the proposal.

You may also find the following documents helpful: • Department for Communities and Local Government’s statutory ‘Guidance on the pre-application process’ http://infrastructure.planningportal.gov.uk/legislation-and-advice/guidance/ • The Planning Inspectorate’s (non-statutory) Advice Notes, in particular ‘Advice note eight: How to get involved in the planning process’ (in five sections) http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/ • Overarching National Policy Statement for Energy (EN-1) • National Policy Statement for Renewable Energy Infrastructure (EN-3) http://infrastructure.planningportal.gov.uk/legislation-and-advice/national-policy-statements/

I hope my reply re-assures you that the potential impacts of offshore wind farms on landscape and seascape are matters that can be considered as part of the examination of NSIPs under the Planning Act 2008.