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Advice to Richard Laws

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Enquiry

From
Richard Laws
Date advice given
4 August 2011
Enquiry type
Email

For my dissertation I'm looking at the effectiveness of public consultation within EIA for offshore wind farms and I’m just trying to get my bearings with the legislation that is related to that within the UK. There are new regulations for public consultation that came into force in March 2010 for offshore wind farms that produce over 50MW (which all offshore wind farms do). I was wondering which ones these are? I've been told they are much more structured and regimented for public consultation. Is it 'The infrastructure planning (compulsory acquisition) regulations 2010? Or is there more than one that's linked with public consultation for offshore wind developments?

I'm using the Humber Gateway offshore wind farm as a case study. They got consent in February this year; would they have had to meet the new regulations of 2010 as they would have already done the bulk of their consultations?

Basically any information of public consultation and offshore wind farms would be of great help.

Advice given

To clarify, the Infrastructure Planning Commission (IPC) is the body that examines applications for nationally significant infrastructure projects (NSIP). We are a relatively young organisation who came into existence in October 2009 and have been able to receive applications since 1 March 2010. In relation to offshore wind farms, those which are in waters adjacent to England or Wales or in a Renewable Energy Zone and generate 100MW or more are classified as NSIPs and come under our jurisdiction. For further detail on thresholds for offshore generating stations please refer to s14 & 15 of the Planning Act 2008.

I note from E.ONs website that the Humber Gateway application was submitted to the Department of Energy and Climate Change (DECC) under the old planning regime. For that reason the applicant was not obligated to undertake consultation in accordance with the PA 2008.

Under the new regime, I think it is important to set out the distinction between the consultation that the IPC is required to carry out in relation to an applicant's request for a scoping opinion and the consultation that the applicant is required to carry out at the pre-application stage.

IPC's Scoping Opinion Consultation Where the applicant requests the IPC for a scoping opinion, we have 42 days to adopt an opinion and send a copy to the person who made the request. Within that timeframe the IPC is required to invite consultation bodies to comment on the environmental information. A deadline for their responses will be set allowing them a minimum of 28 days to respond. We have an obligation to consult bodies described in s43 of PA 2008 and Schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regs 2009. These include local authorities and organisations such as the Environment Agency.

The Applicant's Pre-application Consultation The process set out in the PA 2008 is heavily front-loaded, and requires the developer to undertake pre-application publicity and consultation, including direct consultation with a prescribed list of consultees and publication of advertisements in national and local newspapers. The Act also requires that the developer undertake consultation targeted at the local community.

Prior to undertaking consultation the applicant is required to produce a Statement of Community Consultation (SoCC), setting out how they propose to consult. When preparing the SoCC the applicant must give the relevant local authority a minimum of 28 days to comment. The applicant must then consult the public in the vicinity of the proposal in line with the published SoCC, providing at least 28 days for such persons to respond to this consultation. The applicant must have regard to the views expressed in shaping their proposal and demonstrate this by submitting a Consultation Report as part of their application to the IPC.

Below are links to further information on the applicant’s pre-application consultation:

CLG Guidance in pre-application consultation Explains how applicants should engage with local communities, carry out public consultation and advertise their proposed Nationally Significant Infrastructure Projects before they formally submit them to the IPC.

IPC Guidance Note 1 on Pre-application stages Directs you to relevant legislation with paras 23-31 providing further detail on consultation procedures.

I hope this has been of some use.