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8. Energy Consents and Planning
Objectives:
- to continue our approach of continuous improvement in systems of planning, regulatory enforcement and consenting;
- for these processes to be characterized by speed and surety of decision;
- to develop a shared ethos of brokering and facilitation with agreed core principles. To develop a strategic relationship with industry and key stakeholders, ensuring Scotland's planning environment supports investment in, and deployment of, renewable projects swiftly and democratically;
- to reverse the perception that the planning system is a barrier to the deployment of renewable technologies and investment in Scotland, to demonstrate that in planning terms alone, Scotland is the ideal location for companies who are developing existing or emerging technologies;
- to develop closer working with Local Planning Authorities and other statutory parties, facilitating better sharing of information and experience. To address staff and other resource needs, and where necessary establish task groups to address local, regional or national constraints to renewable development;
- to lead engagement with relevant organisations to identify technology solutions, where these exist, as one aspect of removing barriers to deployment.
Renewables consenting in Scotland - real planning reform for real economic benefit "For many years, the British Wind Energy Association ( BWEA) and Scottish Renewables have been campaigning to speed up the decision making process for applications being determined under Section 36 of the Electricity Act in Scotland. In 2007 the incoming Scottish Government promised to improve the system in order to maintain investor confidence in what is effectively the renewable powerhouse of the UK. These promises were kept, with a flurry of decisions coming after Government took office and a further voluntary pledge to make decisions on Section 36 projects within nine months of submission. No less than a dozen projects have been determined since the new Government was formed, sending positive signals about Scotland's determination to reach not only 2010 renewable energy targets, but to remain open for business to help meet the more challenging 2020 targets. Of the 1.9 GW of onshore consents secured in the UK in 2008, almost 1.3 GW have come from eight Section 36 projects, seven of which are in Scotland. BWEA - State of the Industry Report (Oct 08) |
Overview
It is vital that developers have a clear understanding in the infancy of any proposed planning application of what is expected from them and from any application.
In 2008, Scottish Government introduced revised scoping procedures for on-shore developments, helping developers understand constraints and key opportunities, and promote the delivery of more comprehensive environmental statements at application. At the same time, early engagement with communities and stakeholders has been shown to assist the renewables industry to bring forward sensitively designed proposals and to expedite decision making. We have consequently been working to deliver cross-agency access and support throughout the planning process from application to determination and onto the final commissioning of the development.
Of even more significance, perhaps, the Energy Consents and Deployment Team within the Scottish Government has undergone a transformation, with staff numbers doubling and the development of specific areas of expertise. Twenty-four months ago the team were running a routine administrative process and were perceived externally as having little regard to the commercial impact of decision timeframes, and limited contact with other organisations involved in the process. The expanded team has evolved into a real centre of expertise in energy consents, enabling Ministers to make fully informed, expertly advised decisions within dramatically reduced timeframes, and helping developers to navigate within an increasingly streamlined system.
Consent Applications Good applications routinely involve: - well developed, well researched propositions
- extensive pre-screening consultation
- flexibility, pragmatism and a willingness to engage
Poor applications routinely involve; - overly ambitious schemes
- lack of regard to environmental designations
- the waste of resource across multiple organisations that inquiry proceedings all too often entail
- Inaccurate or incomplete Environmental Impact Assessment ( EIA) data
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Key to the success of the SG approach to consents has been a focus on:
- identifying areas where there is scope to play a facilitative role by encouraging pre-scoping dialogue between developers, statutory consultees and other stakeholders;
- working with other stakeholders to identify and overcome barriers to project deployment where technical solutions exist (e.g. radar issues);
- making champions of renewables projects and developers that employ best practice, enabling the development community to learn from its own members.
Next steps
- Scottish Natural Heritage ( SNH), the Scottish Environmental Protection Agency ( SEPA) and local authorities have been engaging on an ad hoc basis in 'pre-applications groups' to assist developers in preparing their applications. This early engagement has been hugely beneficial to all parties. Scottish Government will work with industry and stakeholders to establish this as common practice where possible, recognizing that this process can be resource intensive.
- Flexibility on conditions (e.g. to handle changing specifications from turbine manufacturers) to ensure the terms of the consent are not an undue burden on the realisation and delivery of the development.
- Focus on post-consents support and engagement by playing a brokering role between developers and other stakeholders to attempt to resolve any barriers to deployment.
Specific Actions:
Consents
- Consider efficacy of Section 36 framework and, with the UK Government, opportunities for reform.
Planning
- Create a supportive planning landscape. Over the last months the Scottish Government and its agencies have been working with industry and local authorities to look at a variety of ways that we can significantly increase co-operation and speed up the pace of planning reform that underpins confidence in investing in renewables projects in Scotland.
- Strategically work with Local Planning Authorities to realise their renewable energy ambitions and ensure that the planning and consenting regimes better support investment in renewables in Scotland.
- Facilitate cross-working and understanding among decision makers through a series of workshops with Local Authorities and key stakeholders, helping to assist the realisation of their renewables ambitions and strategically address barriers to achievement.
- Work to ensure that the principles of renewables planning policy are reflected in the reformed Scottish Planning Policy. The National Planning Framework 2 recognises the strategic importance of renewable energy and its associated infrastructure.
- Continue to work with Local Planning Authorities to develop their strategic locational guidance in line with Planning Advice Note ( PAN) 45 and to ensure that the planning system produces decisions that are efficient, transparent, consistent and timely.
- Hold knowledge-exchange sessions within the Scottish Government to raise awareness of staff, increase understanding of the various stakeholder roles within the planning system and investigate methods of refining complex publicity and consultation procedures.
SW Scotland Regional Aviation Solution Group Large scale wind farm proposals can impact significantly on both Primary Radar and Secondary Radar systems because they appear as clutter, potentially obscuring actual air craft in the same air space from view. This raises operational safety risks related to the development of large scale wind
farms depending on their location. In Scotland there are currently 10 section 36 projects with an objection in place concerning either civil or defence radar. With the inclusion of Council Planning Authority applications considered under the Town and Country Planning Act regime, there are at least 14 applications - equating to 1 GW of potential renewable energy - clustered in the south-west of Scotland which have an objection |
Environmental
- Through creation of a Scottish Ornithological Steering Group (detailed on the following page), broker the sharing of environmental information to better inform planning and consenting regimes and maximise the sustainable exploitation of Scotland's renewable energy resources.
- Facilitate the development of a national data sharing centre. Improved collaboration across the renewable industry and coordination of scientific work will greatly assist in the assessment of environmental impacts of developments and help developers avoid environmentally sensitive areas.
- By collating and sharing the vast data that has already been gathered from developments, offer developers a more robust and quicker advice on their development. While we understand that developers have previously been reticent to share information that has a commercial value to competitors we have to be more strategic in our support of the renewable industry. Furthermore, such collaboration will be less resource intensive not only on key stakeholders but also on developers who in the past have had to support numerous local bird monitoring groups that are development specific.
Eskdalemuir Seismic Array: Noise Limit Solutions Scottish Government officials are engaged with an action group comprising of BWEA, the MoD and academia to develop long term noise limit solutions. The Eskdalemuir Seismic Array is one of 170 seismic stations across the globe used to monitor compliance with the Comprehensive Nuclear-Test-Ban Treaty. The UK is bound by the Test-Ban Treaty not to compromise the detection capabilities of the Eskdalemuir station, and it is the responsibility of the MoD to safeguard this station. In 2005 a study concluded that micro-seismic noise is propagated by wind turbine structures, as the rotation of the blades excite modes of vibration of the tower, which in turn resonate at the detection frequencies of the seismic array. A maximum permissible background noise increase due to wind turbines (a noise budget) of 0.336nm at Eskdalemuir was recommended and it was agreed that MoD should introduce a statutory consultation zone of 50km around Eskdalemuir. MoD permitted development on a first come first served basis as projects entered the planning system, until this noise budget was reached. Wind farm developments, either permitted or currently being considered in the planning system, have now consumed the calculated noise budget. Meetings have been held between BWEA, MoD, Scottish Government, and Professor Styles from Keele University. |
Scottish Renewable Energy Ornithological Steering Group Since 2002 -2003 six approved wind farms have imposed specific conditions requiring ornithological research or monitoring studies to assess the effect of particularly sensitive species in specific circumstances. These have required the formation of an Ornithological Steering Group and it is suggested that a Scotland-wide steering group be developed to maximise the benefits of collaboration and co-operation. The Group would offer the opportunity to better co-ordinate the bird monitoring data collated from all other consented wind farms throughout Scotland which can be analysed and used to better inform future site selection, planning decisions and operational requirements. The group would also act as a 'reference bank' for the sharing of data and recording of the results of implementing mitigation good practice which can be used as a model for other developers to follow and to inform future decisions. The Group would comprise qualified and experienced ornithological and planning personnel, and be focussed on those sites with specific monitoring and research requirements. Representation would be present from Scottish Government Research and Science Division. SNH, Royal Society for the Protection of Birds ( RSPB), Scottish Renewables and those developers involved in the commissioning and operation of the relevant wind farms. The group will convene as required, but regular meetings are likely to be twice a year to evaluate bird survey information relating to relevant wind farm development sites. |
Application Update Meetings Incomplete information or analysis within the Environmental Statement has been emphasised by the Energy Consents and Deployment Team as one of the main barriers to speedy determination. To attempt to ensure the information presented is of a quality and quantity to be considered sufficient by all consultees, a pre-consultation presentation of the development to the statutory consultees will be undertaken where necessary. Further to this, a meeting between the Energy Consents and Deployment Team and the developer will be held prior to determination to ensure all information held is up to date and relevant for both parties. |
Marine Consents and Marine Planning
Overview
The Scottish Parliament is currently considering new marine legislation which include proposals for integrated marine planning and consents. This links with proposals in the off-shore zone being considered by the UK Parliament. Both make provisions for improved planning and simplified regulation which will improve the regulatory framework for marine renewables.
The Scottish Government established Marine Scotland in April 2009 to draw together core marine policy and regulatory functions for the sea in one body. Marine Scotland will be the main body responsible for delivering the new responsibilities arising from new marine legislation. It will deliver sustainable economic growth from the sea, managing marine use to meet the long term needs of nature and people. Specific objectives include:
- Manage growing and competing demands for marine resources;
- Reduce the complexity of marine management, in line with wider objectives.
The Scottish Government's Marine Energy Spatial Planning Group is piloting and prioritising certain workstreams in relation to wave, tidal stream and offshore wind energy. This is in order to limit uncertainty for the sectors given the tight timescales involved in their development to 2020, and to pilot approaches for their sustainable development. These approaches will support the marine management framework which should be developed under the forthcoming marine legislation. The Marine Energy Spatial Planning Group is led by Marine Scotland, and comprises representatives from the renewables industry, Enterprise Agencies, Local Authorities, regulatory authorities, and The Crown Estate.
Alongside this, the Marine Strategic Studies Forum has been established to provide key feedback on studies affecting marine stakeholders. The focus of this Group will not be limited to studies relating to offshore renewables, but will be open to studies on other topics where these arise. Meeting quarterly, the Group includes representatives from environment, fishing, shipping and renewables interests.
Objectives
The proposed new marine legislation will provide the framework and objectives for a new marine planning system. In advance, specific actions will be taken forward to provide greater certainty in the planning system to allow offshore wind, wave and tidal developers to progress with projects.
Specific Actions: Marine Renewables
Planning:
- Through MESPG, the Scottish Government will continue to facilitate sustainable marine renewable energy development with The Crown Estate, Scottish Natural Heritage, SEn, HIE, Scottish Renewables and the other partners to strategically plan the areas of opportunity for renewables deployment.
- Through MESPG, with feed-in from MSSF, produce an non-statutory Interim Marine Spatial Plan for the Pentland Firth and Orkney Waters. A consultation period will be held later this year with final publication in early 2010.
- Review the Interim Marine Spatial Plan for the Pentland Firth and Orkney Waters as a priority after the Assent of the Scottish Marine Bill.
Consents & Licensing:
- Through MESPG, recommend simplified guidance for consents & licensing for marine renewables, including detailed guidance for developers on the Environmental Impact Assessment and Appropriate Assessment process.
Environment:
- Through MESPG, with feed-in from MSSF, carry out a strategic programme of environmental research necessary for the development of the marine energy sector
- In partnership with SNH, produce monitoring protocols for marine renewables.
- Through MESPG, facilitate a 'deploy and monitor' approach to early marine renewables developments
Through MESPG, stimulate and facilitate regional promotional initiatives for marine renewables.
Offshore Wind:
- Through MESPG, with feed-in from MSSF, take forward an SEA for Offshore Wind Energy development in Scottish Territorial Waters to be complete early 2010
- Consider what further environmental and planning work is required at the regional scale for offshore wind development after completion of consultation on the SEA. Meanwhile, encourage potential developers to consider existing users, uses and sensitivities in the marine environment as they move forward their projects.
- Through MESPG, recommend simplified guidance for consents & licensing for marine renewables, including detailed guidance for developers on the Environmental Impact Assessment and Appropriate Assessment process.
Key Marine Bill Proposals - Integrated marine licence with specific provision to combine with electricity consent to create a single process for consenting marine renewables
- Statutory marine planning system including a UK Marine Policy Statement and a National Marine Plan for Scotland to support early, transparent examination of issues underpinning renewable marine opportunities.
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