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Consultation Report East Anglia THREE Offshore Windfarm November 2015
East Anglia THREE
Consultation Report
Document Reference – 5.1
Author – Royal HaskoningDHV East Anglia THREE Limited Date – November 2015 Revision History – Revision A
Consultation Report East Anglia THREE Offshore Windfarm November 2015
This Page Is Intentionally Blank
Consultation Report East Anglia THREE Offshore Windfarm November 2015
Table of Contents
1 Summary ...................................................................................................... 5
1.1 Introduction .......................................................................................................... 5
1.2 Consultation Requirements and this Report ........................................................ 6
1.3 Background ........................................................................................................... 6
1.4 Timing ................................................................................................................... 7
1.5 SoCC consultation ................................................................................................. 7
1.6 Section 47 Consultation – Community and Wider Consultation .......................... 8
1.7 Section 42 consultation – Statutory and Prescribed Bodies Consultation ........... 9
1.8 Section 48 publicity .............................................................................................. 9
1.9 Conclusion ............................................................................................................ 9
2 Introduction ............................................................................................... 11
2.1 The Proposed East Anglia THREE Project ........................................................... 11
2.2 The Application ................................................................................................... 12
2.3 EATLs Approach to Consultation ........................................................................ 12
2.4 East Anglia FOUR ................................................................................................ 12
2.5 This Report .......................................................................................................... 13
3 Statutory Requirements .............................................................................. 20
3.1 The Consultation Report ..................................................................................... 20
3.2 Relevant Legislation and guidance ..................................................................... 20
3.3 Relevant Guidance .............................................................................................. 22
4 Consultation on the SoCC and Development of Community Consultation
Strategy ...................................................................................................... 24
4.1 Summary ............................................................................................................. 24
4.2 Statutory Requirements and Guidance .............................................................. 25
4.3 Defining who Should be Consulted .................................................................... 26
4.4 Development of the SoCC ................................................................................... 27
4.5 The Final SoCC and the Report to Inform the SoCC ........................................... 31
Consultation Report East Anglia THREE Offshore Windfarm November 2015
4.6 Publication of the SoCC ...................................................................................... 32
4.7 Update to the Statement of Community Consultation ...................................... 34
4.8 Summary of the Community Consultation Strategy .......................................... 36
4.9 Compliance with the SoCC .................................................................................. 37
4.10 Statement of Compliance ................................................................................... 37
5 Informal community involvement ............................................................... 39
5.1 Introduction ........................................................................................................ 39
5.2 Phase I Public Information Days ......................................................................... 39
5.3 Other Informal Engagement ............................................................................... 41
5.4 Informal public updates ...................................................................................... 42
6 Section 47 Consultation .............................................................................. 44
6.1 Summary ............................................................................................................. 44
6.2 Consultation Activities ........................................................................................ 45
6.3 Phase I PIDS ........................................................................................................ 45
6.4 Phase IIa PIDs – Consultation on the PEIR .......................................................... 45
6.5 Public Information Days – Phase III of Consultation .......................................... 50
6.6 Community Involvement .................................................................................... 52
6.7 Compliance Statement ....................................................................................... 52
7 Section 48 Publicity Notices ........................................................................ 56
7.1 Summary ............................................................................................................. 56
7.2 Publication and Contents of Notices .................................................................. 56
7.3 Compliance Statement ....................................................................................... 57
8 Consultation Under the EIA Regulations ...................................................... 59
8.1 Summary ............................................................................................................. 59
8.2 The Scoping Report 2012 .................................................................................... 59
8.3 Screening Note: Consideration of Transboundary Impacts ............................... 60
8.4 The Planning Inspectorate‘s Advice Based upon Consultation on the Scoping
Reports, Supplementary and Transboundary Information ................................ 60
Consultation Report East Anglia THREE Offshore Windfarm November 2015
9 Non-Statutory Technical Consultation ......................................................... 62
9.1 Summary ............................................................................................................. 62
9.2 Introduction ........................................................................................................ 62
9.3 Onshore .............................................................................................................. 62
9.4 Offshore .............................................................................................................. 66
9.5 Non Statutory Consultation with Directly Affected Landowners ....................... 71
9.6 Changes in Programme ....................................................................................... 72
9.7 Environmental Statement Chapter Reviews ...................................................... 73
9.8 Consultation of the DCO and other Certified Documents .................................. 75
9.9 Conclusion .......................................................................................................... 84
10 Statutory Nature Conservation Body (SNCB) Informal Consultation ............. 85
10.1 Summary ............................................................................................................. 85
10.2 Evidence Plan ...................................................................................................... 85
10.3 Draft ES chapter review ...................................................................................... 90
10.4 Final Pre-application Steering group meeting .................................................... 90
10.5 Conclusion .......................................................................................................... 91
11 Section 42 Consultation .............................................................................. 92
11.1 Summary ............................................................................................................. 92
11.2 Section 42 Consultation Requirements .............................................................. 92
11.3 Identification of Section 42 Consultees .............................................................. 92
11.4 Phases of Section 42 Consultation ..................................................................... 96
11.5 Phase IIa - Consultation on the PEIR................................................................... 97
11.6 Phase IIb – Consultation on the Cable Route Accesses .................................... 103
11.7 Phase III – Consultation on Phasing .................................................................. 105
11.8 Statement of Compliance ................................................................................. 111
12 Conclusion ................................................................................................ 112
13 References ................................................................................................ 113
14 Acronyms and Glossary ............................................................................. 114
Consultation Report East Anglia THREE Offshore Windfarm November 2015
14.1 Abbreviations .................................................................................................... 114
14.2 Glossary of terms .............................................................................................. 114
15 Final Statement of Compliance ................................................................. 116
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 1
Appendices to this Consultation Report are listed in the table below.
Appendix number Title
1 Consultation on the early draft Statement of Community Consultation and early draft Report to Inform the Statement of Community Consultation
2 Consultation on the Second draft Statement of Community Consultation and Second draft Report to Inform the Statement of Community Consultation
3 Consultation on Draft Update to Statement of Community Consultation
4 Final Statement of Community Consultation
5 Final Report to Inform the Statement of Community Consultation
6 Final Update to the Statement of Community Consultation
7 Record of Formal Meetings
8 Advert for the Statement of Community Consultation
9 Summary of Environmental Considerations Onshore
10 Summary of Environmental Considerations Offshore
11 Evidence of Statement of Community Consultation and Report to inform the Statement of Community Consultation on the project website
12 Advertising the Publication of the Statement of Community Consultation and Phase I Public Information Days.
13 Email to registered website users at the time of the Phase I Public Information Days
14 Consultation on Early Draft Update to Statement of Community Consultation
15 Phase III Section 47(6) and 48 Notices and evidence of them published in newspapers
16 Phase I Public Information Day Display Boards
17 Phase I Public Information Days Feedback Form
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 2
18 Summary of Phase I Feedback Form Responses
19 List of Informal Consultation Meetings and Locally Awarded Contracts
20 Email sent to Parish Councils 14th April 2015 Informing of Revised Application Date
21 Phase III Advertising Poster and Email sent to Parish Councils
22 Advertising Section 42 Phase IIa Consultation
23 Materials used in the Phase IIa Public Information Days
24 Section 48 Notices for Phase IIa in National Newspapers
25 Article from the BBC news website, 16th June 2014
26 Phase III Public Information Day Display Boards
27 Phase III Public Information Days Feedback forms
28 Example of an East Anglia Offshore Wind Newsletter
29 Master Consultee List
30 Phase III Section 42 Letter to Statutory consultees
31 Phase III Section 42 Letter to Parish Councils
32 Phase III Section 42 Letter to Transboundary consultees
33 Phase III Section 42 Letter to Fishermen consultees
34 Example letter sent to vessel operators (and list of recipients)
35 Informal Consultation with Landowners
36 Example of letter informing consultee of programme change
37 The East Anglia THREE Evidence Plan
38 Phase IIa Formal Consultee responses
39 Phase IIb Formal Consultee responses
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 3
40 Phase III Formal Consultee responses
41 Phase IIa pre-Section 42 consultation letter
42 Section 42 letter Accompanying the Phase IIa
43 Invitation to Councils to Attend Councillor Specific Information Session on 16th June 2014
44 Section 44 Phase IIa Letter to Landowners
45 Phase IIa Section 46 letter to The Planning Inspectorate accompanying the
46 List of Consultees that Responded to Section 42 Consultation
47 Example of Section 42 Reply Letter
48 Letter sent to Newly Identified S44 Consultees
49 East Anglia THREE Cefas Meeting Minutes – 26th June 2014
50 List of National Air Traffic Management Advisory Committee members directly
Emailed requesting comments on PEIR
51 Section 42 Phase IIb consultation letter sent to Parish Councils
52 Section 42 Phase IIb consultation letter sent to Landowners previously consulted
53 Section 42 Phase IIb letter to newly identified landowners
54 Section 42 Phase IIb letter to previously consulted statutory consultees
55 Section 42 Phase IIb letter to newly
identified Transboundary consultees
56 Section 42 Phase IIb letter to Transboundary consultees
57 Section 42 Phase IIb Plans
58 Advertising the Phase III Consultation
59 Phase III Report (Consultation)
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 4
60 Phase III Section 46 Letter to Planning Inspectorate
61 Phase II Section 44 Site Notices and locations
62 A3 Map used for Phase III Site Notices
63 Phase III Site notice locations and photographs of notices in situ
64 Phase III Section 44 Letter to Landowners and Mortgagees
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 5
1 SUMMARY
1.1 Introduction
1. The East Anglia THREE Offshore Windfarm (The proposed East Anglia THREE project)
is being proposed by East Anglia THREE Limited (EATL), a subsidiary of East Anglia
Offshore Wind Limited (EAOW), a joint venture between ScottishPower Renewables
(SPR) and Vattenfall Wind Power Limited.
2. SPR is part of the Iberdrola group, one of the largest utilities in the world and the
leading wind energy producer. Committed to sustainable value creation for all
stakeholders, Iberdrola is focused on the Atlantic Area and has a renewables
capacity of over 24,900 MW. In addition to a strong global onshore portfolio
including Whitelee (the UK’s largest onshore windfarm), and investment in the
emerging marine energy industry, Iberdrola’s global offshore wind business is
managed from Glasgow and is currently progressing the development of offshore
wind throughout the UK, Germany and France, cementing its position at the
forefront of the renewable energy industry.
3. Vattenfall is one of Europe’s largest generators of electricity and the largest
producer of heat. The Parent Company, Vattenfall AB, is 100%-owned by the
Swedish state. Vattenfall owns and operates a broad range of assets across Europe
from six energy sources – biomass, coal, hydro, natural gas, nuclear and wind
power. The company‘s main business interests are in Sweden, Germany, the
Netherlands, Denmark and the UK. Vattenfall sees wind power as a cornerstone of
its total energy mix and currently has over 1000 turbines installed in its core
markets. In the UK, Vattenfall owns and operates Thanet, Kentish Flats, Kentish Flats
Extension and Ormonde Offshore Wind Farms.
4. With a potential generating capacity of 1,200MW, the proposed East Anglia THREE
project is a Nationally Significant Infrastructure Project (NSIP) under the Planning Act
2008 (as amended). Consent to construct, operate and decommission the proposed
East Anglia THREE project is therefore being sought from the Planning Inspectorate
(who would examine the application on behalf of the Secretary of State) under the
Planning Act 2008 (as amended, hereafter referred to as the Act).
5. This report details the consultation that has been undertaken in support of the
proposed East Anglia THREE project Development Consent Order (DCO) application.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 6
1.2 Consultation Requirements and this Report
6. This consultation report responds to one of the key requirements set out in the Act,
i.e. that relating to the statutory obligation on applicants to complete a process of
pre-application consultation. This consultation should be undertaken with statutory
or prescribed bodies (under Section 42 of the Act), with local communities (under
Section 47) and more widely through the general notification of a proposed
application (under Section 48).
7. An applicant must have regard to any relevant response received as a result of this
statutory consultation when deciding on the application it will make to the Planning
Inspectorate (Section 49).
8. Section 37 of the Act requires all applications for a DCO to be accompanied by a
consultation report which gives details of compliance with the statutory
requirements, any relevant responses received and the account taken of those
responses.
9. Guidance provided by Department for Communities and Local Government (DCLG)
and the Planning Inspectorate has been followed in undertaking the consultation
and the production of this report.
10. Each section of this consultation report is, wherever possible, structured
chronologically in accordance with the pre-application consultation that took place
for the proposed East Anglia THREE project. Consultation activities, both during and
outside the statutory consultation periods, are set out. Where relevant, a summary
of responses provided and the account taken of these responses by EATL is provided
by environmental topic (e.g. navigation, landscape).
1.3 Background
11. The proposed East Anglia THREE project is being developed within the East Anglia
Zone. The Zone has the potential to include up to six other offshore windfarms. In
June 2014 East Anglia ONE, the first windfarm within the East Anglia Zone to be
developed, was awarded consent. East Anglia ONE and THREE share the same
onshore cable route which runs for 37km from the coast at Bawdsey to the grid
connection point at Bramford substation.
12. During the development of East Anglia ONE considerable consultation was
undertaken from 2010 onward, both to determine the cable route and to shape, and
develop the project. The consultation carried out by EATL builds on that previously
undertaken for East Anglia ONE and where relevant, this is referred to in this report.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 7
However, for detail of that consultation please refer to the East Anglia ONE
consultation report (East Anglia Offshore Wind Limited 2012a).
1.4 Timing
13. EATL has been in continued consultation with stakeholders regarding the proposed
East Anglia THREE project since May 2012. During this time EATL has undertaken
formal consultation phases which comprised the following:
August 2013 – Consultation Under Section 47 with local authorities, The
Planning Inspectorate and the MMO on the draft Statement of Community
Consultation (SoCC)
October 2013- Phase I, Section 47 consultation on the SoCC and introducing
the project.
June 2014 - Phase IIa, Section 42, Section 47 consultation and Section 48
publicity on the Preliminary Environmental Information Report (PEIR) and
update on the project;
June 2014 - Phase IIb, Section 42 consultation with a limited number of
consultees on accesses to the onshore cable route;
May 2015 - Consultation under Section 47 with local authorities and the
MMO on an update to the SoCC; and
June 2015 - Phase III, Section 42 and Section 47 consultation and Section 48
publicity on construction phasing.
1.5 SoCC consultation
14. Section 47 of the Act was amended by the Localism Act 2011. The amendments set
out in the 2011 Act provide that once the SoCC has been finalised, the applicant
must make the statement available for inspection by the public in a way that is
reasonably convenient for people living in the vicinity of the land (section 47(6) of
the 2008 Act as amended) and also publish a notice stating where and when the
statement can be inspected (Section 47(6)(a) as amended).
15. As required under Section 47 of the Act, East Anglia THREE consulted relevant
authorities on drafts of the SoCC and the Report to Inform the SoCC (Appendix 1 and
Appendix 2), including officials at Suffolk County Council, Suffolk Coastal District
Council, Mid-Suffolk District Council, Waveney District Council, Babergh District
Council, Ipswich Borough Council and the Marine Management Organisation (MMO).
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 8
Ipswich Borough Council did not provide comment on either the draft SoCC or final
SoCC.
16. The SoCC was updated in May 2015 as a result of changes to the project. Therefore,
the draft update to the SoCC (Appendix 3) was consulted upon with the above
relevant authorities as per Section 47(2).
17. EATL had regard to the responses received from the relevant authorities on both the
draft SoCC and the draft update to the SoCC, as per Section 47(5).
1.6 Section 47 Consultation – Community and Wider Consultation
18. EATL invited members of the public (as defined in the Report to inform the SoCC and
agreed with local authorities) and organisations representing the public to
participate in three phases of community consultation under Section 47 of the Act.
EATL carried out its community consultation in accordance with the agreed SoCC,
Report to Inform the SoCC and Update to SoCC (Appendix 4, Appendix 5 and
Appendix 6), as well as the updated versions.
19. During community consultation members of the public raised a number of questions
and issues. EATL has sought to respond to all questions and take into account issues
raised. Where community feedback has led to changes to the consultation process,
the Environmental Impact Assessment (EIA), application documents such as the
Environmental Statement (ES) or to the project itself, these changes have been
identified in this report. In summary, points raised have influenced, or would
influence, the application and project in the following ways:
A number of access routes (hereafter referred to as accesses) to the onshore
cable route have been removed from project design due to stakeholder
concerns regarding their suitability.
Due to safety concerns the preferred method of protecting underwater
cables is first to bury them and if this is not possible to protect them using
concrete mattresses (rather than other means of cable protection such as
rock dump).
Due to continued support for the cables to be pulled through pre-installed
ducts, installed by East Anglia ONE, EAOW have committed to this approach.
Due to the concerns of local residents about construction noise levels EATL
have committed to only working between the hours of 7am and 7pm along
the cable route.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 9
To minimise the impacts on local traffic, which have been raised as a concern
throughout the consultation process, EATL have committed to wherever
possible, restricting HGV movements during peak traffic times.
1.7 Section 42 consultation – Statutory and Prescribed Bodies Consultation
20. EATL carried out consultation as required by Section 42 with landowners and those
with an interest in the land where the project is located as defined by Section 44,
host authorities and neighbouring authorities as defined by Section 43, the MMO
and those persons prescribed in The Infrastructure Planning (Applications:
Prescribed Forms and Procedures) Regulations 2009 (the APFP Regulations) (as
amended). EATL also identified organisations which it deemed appropriate to treat
in the same way as Section 42 consultees, such as local and transboundary fishing
organisations and individuals. For ease, all these consultees are referred to as
“Section 42 consultees” in this report.
21. One key change to the proposed East Anglia THREE project as a result of this
consultation was the refinement of the East Anglia THREE site (i.e. the windfarm site)
boundary. The eastern boundary was moved to create a two nautical mile buffer
between the East Anglia THREE site and the deep water shipping route at the
request of Rijkswaterstaat.
1.8 Section 48 publicity
22. EATL carried out publicity requirements in accordance with Section 48 of the Act.
Advertising for each Phase (I to III) of consultation was published in the relevant
national and regional newspapers as well as in several local publications. The
publication of adverts was timed to coincide with the start dates for the each phase
as listed in section 1.4. Site notices were also displayed at many locations along the
cable route and posters were provided to Parish Councils for display on notice
boards.
1.9 Conclusion
23. EATL has undertaken consultation on the proposed East Anglia THREE project in
accordance with the requirements of the Act, secondary legislation, and in line with
Government and Planning Inspectorate guidance/ advice. EATL has exceeded the
statutory requirements across many aspects to provide meaningful consultation and
to ensure that issues identified and raised by the local community, landowners and
those with an interest in the application site, as well as local authorities and
prescribed consultees, have been considered and addressed at an early stage in the
project‘s development.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 10
24. This has resulted in EATL being able to keep consultees informed about project
progress, and has enabled and encouraged consultees to actively engage and
influence the development of the project to ensure that impacts caused by the
project are kept to a minimum.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 11
2 INTRODUCTION
2.1 The Proposed East Anglia THREE Project
25. In January 2010, The Crown Estate awarded EAOW the rights to explore the
potential development of approximately 7,200MW of wind capacity within an area
of sea off the coast of East Anglia known as Zone 5, subsequently renamed by EAOW
as the East Anglia Zone. The East Anglia Zone is being developed as a number of
individual windfarms. East Anglia ONE was the first project to be proposed within
the East Anglia Zone, the Development Consent Order for which was granted
consent in June 2014. East Anglia ONE Limited (EAOL) is the company responsible
for developing that windfarm.
26. The East Anglia THREE project is being proposed by EATL, a subsidiary of EAOW. It is
in the second projects to be proposed within the East Anglia Zone. The windfarm
site covers an area of approximately 305km2 and is situated 69km offshore from
Lowestoft.
27. Other projects are expected to be developed within the East Anglia Zone; however it
is not currently possible to provide further detail on these projects.
28. The location for East Anglia THREE site was decided following a thorough screening
exercise to establish areas of the East Anglia Zone with the lowest technical and
consenting risk.
29. A “Generator Build” Grid Connection Offer was received from National Grid
Electricity Transmission (NGET) for the connection of 7,200MW of offshore wind
generation to the National Electricity Transmission System in East Anglia. This
includes the connection of East Anglia ONE, East Anglia THREE and one other future
EAOW project to the NGET substation at Bramford, Suffolk. As noted above, East
Anglia ONE has already obtained consent.
30. For the proposed East Anglia THREE project, the connection at Bramford will require
transmission infrastructure including offshore platforms to support up to four
offshore collector stations, two offshore converter stations and a possible
accommodation platform (within the East Anglia THREE site), offshore subsea and
onshore underground cabling and an onshore substation. The export cables will be
laid from the windfarm, making landfall at Bawdsey in Suffolk. The cables will follow
the cable route established for East Anglia ONE onshore from Bawdsey to Bramford.
31. The consent awarded to East Anglia ONE included the provision to install
underground ducts onshore, through which two future projects would pull onshore
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 12
cables at a later date. EAOW has made the commitment to install these ducts,
therefore reducing the level of disturbance caused along the cable route during the
construction of East Anglia THREE.
32. The proposed East Anglia THREE project will therefore follow the same onshore
cable route (including a shared landfall) as East Anglia ONE and will incorporate
powers to pull through cables through the previously installed ducts. As a result the
DCO application for East Anglia THREE includes an onshore redline boundary that is
identical to East Anglia ONE’s, with the exception of the access points and the area
around the new substation at Bramford.
2.2 The Application
33. With a generating capacity of up to 1,200MW, the East Anglia THREE project
proposal is a NSIP under the Act. A DCO to construct, operate and decommission the
proposed East Anglia THREE project is therefore being sought from the Planning
Inspectorate (who would examine the application on behalf of the Secretary of
State) under the Act.
34. This Consultation Report forms part of the required application material for the DCO.
2.3 EATLs Approach to Consultation
35. EATL has taken a “joined up approach” to consultation, whereby public and wider
consultation conducted under Section 47 of the Act has been, where possible,
aligned with other consultation activities associated with Sections 42 and 48 of the
Act. By taking this approach EATL has aimed to minimise confusion and limit
consultation fatigue.
36. Examples of this include holding Public Information Days (PIDs) timed to coincide
with the publication of the SoCC (Phase I), Preliminary Environmental Information
Report (PEIR) (Phase IIa) and the Phase III Report (Consultation) (Phase III) as well as
consulting at the same time under Section 42 and Section 47 of the Act.
37. For the purposes of this report however, it has been necessary to separate the
various elements of consultation to allow EATL to demonstrate that all requirements
of the Act have been satisfied. Therefore it has been necessary within this report to
cross reference between sections, to avoid repetition.
2.4 East Anglia FOUR
38. Until summer 2013 the proposed East Anglia THREE project was progressed in
parallel, including with regard to consultation, with East Anglia FOUR, another
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 13
development project proposed within the zone at that time. In 2013, a decision was
made to develop the projects sequentially, with an initial focus on the development
of East Anglia THREE. Following a government announcement in summer 2014 on
the future levels of funding for offshore wind projects, project development within
the East Anglia zone was suspended and a comprehensive review of the whole zonal
plan was undertaken. In early 2015, a decision was taken to recommence the
development of the proposed East Anglia THREE project. The zonal plan for the
remainder of the zone is still under discussion. Consideration of future zonal
projects has therefore been removed from cumulative assessments pending greater
certainty of their location, size and likely development timescales.
2.5 This Report
39. Section 37 of the Act requires all applications for development consent to be
accompanied by a consultation report.
40. Section 37(7) further defines the consultation report as a document giving details of
pre-application consultation and specifically:
a) What has been done in compliance with Sections 42 (statutory and
prescribed bodies), 47 (local communities) and 48 (publicising the proposed
application) of the Act in relation to the proposed application;
b) Any relevant responses received; and
c) The account taken by the applicant of any relevant responses.
41. Each section of this Consultation Report is structured (as far as possible)
chronologically in accordance with the consultation that took place during the pre-
application period for the proposed East Anglia THREE project. Consultation
activities, both within and outside the statutory consultation periods, are discussed.
Where relevant, a summary of responses provided, and the account taken of these
responses by EATL, is provided by environmental topic.
42. A timeline to illustrate when the statutory consultation was undertaken is shown in
Diagram 1.1. It should be noted that Diagram 1.1 does not include any non-
statutory consultation as this has continued throughout the application phase of the
project.
43. This consultation report comprises the following chapters:
Chapter 1 is a summary of this Consultation Report;
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 14
Chapter 2 (the present chapter) introduces the Consultation Report;
Chapter 3 sets out the statutory requirements governing the consultation
process for NSIPs, including relevant legislation and guidance;
Chapter 4 describes the development of the SoCC, including EATL
consultation strategy and how the geographical consultation area was
defined;
Chapter 5 describes the informal community and wider stakeholder
consultation undertaken prior to formal Section 47 consultation;
Chapter 6 describes the statutory consultation carried out under Section 47
and its influence on the project;
Chapter 7 describes the publication and content of the Section 48 Notices;
Chapter 8 explains the EIA scoping process;
Chapter 9 explains the non-statutory consultation undertaken outside of the
formal Section 42 consultation on technical issues;
Chapter 10 describes the consultation undertaken with Statutory Nature
Conservation Bodies (SNCBs) through the Evidence Plan process;
Chapter 11 describes the formal consultation carried out under Section 42 of
the Act (Phase IIa, Phase IIb and Phase III) and its influence on the project.
During this period and up until submission of the application EATL also
undertook consultation with relevant Section 42 consultees on specific
application documents, including the draft DCO, the draft deemed Marine
Licence draft Habitats Regulations Assessment (HRA) and selected draft
Environmental Statement chapters;
Chapter 12 provides a conclusion of the consultation activities undertaken;
Chapter 13 provides a list of References used in this report;
Chapter 14 provides a glossary of technical terms and explains the meaning
of the acronyms and abbreviations and used in this report; and
Chapter 15 is a Statement of Compliance showing how relevant legislation
and guidance has been complied with in relation to consultation. Further, a
completed Section 55 Acceptance of Applications Checklist follows at the end
of that chapter.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 15
44. Appendices 1 to 64 provide further information about consultation activities carried
out, including: copies of the consultation materials used and publicity undertaken for
the East Anglia THREE application; summaries of the responses received and any
action taken by EATL as part of the development of the SoCC and as a result of local
and wider community consultation under Section 47 of the Act and consultation
under Section 42 of the Act.
45. Table 2.1 below provides a summary of the key stages of consultation undertaken
by EATL including both statutory and non-statutory consultation. The key statutory
consultation is also presented as a timeline illustrated in Diagram 1.1
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 16
Table 2.1 Summary of Key stages of Consultation Undertaken by EATL
Date Stage of Consultation Purpose of Consultation Chapter of the
report
November 2012 Scoping request submitted to the Planning Inspectorate: East Anglia THREE
Offshore Windfarm EIA Scoping Report.
To obtain a Scoping Opinion from the Planning
Inspectorate.
Chapter 8
December 2013 Formal Scoping Opinion, including responses from the Planning Inspectorate
and statutory consultees, received by EAOW.
Chapter 8
August -
September 2013
Non-statutory consultation on the Statement of Community Consultation
(SoCC), and Report to Inform the SoCC, with local authorities and MMO.
To obtain feedback on the draft documents. Chapter 4
August -
September 2013
Section 47 consultation on the SoCC, and Report to Inform the SoCC, with local
authorities and MMO.
To obtain feedback on the draft documents. Chapter 4
September 2013 SoCC and report to inform SoCC published on website and sent to local
authorities under Section 47.
To communicate consultation strategy to local
community.
Chapter 4
Key to Table 2.1
Non-statutory Consultation
Section 47 Consultation
Section 42 Consultation
Section 48 Publicity
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 17
Date Stage of Consultation Purpose of Consultation Chapter of the
report
September 2013 Advertisements for SoCC published in local newspapers under Section 47. Introduce East Anglia THREE (and East Anglia
FOUR) to the public
Chapter 6
October 2013 Section 47 Phase I community consultation. Begins with Public Information
Days (PIDs) held in Bawdsey, Woodbridge and Bramford on the 1st
to the 3rd
of
October.
Introduce East Anglia THREE (and East Anglia
FOUR) to the public
Chapters 6
and 11
October 2013 SoCC deposited in local libraries for viewing by members of the public. Introduce East Anglia THREE and FOUR to the
public
Chapter 6
May / June 2014 Section 48 Phase IIa Publication of Notices advertising PEIR consultation Raise awareness of the project under Section
48 and advertise the PEIR PIDs
Chapter 6
June 2014 Section 42 Phase IIa (PEIR) Raise awareness of the project under Section
42 and start the formal Section 42 consultation
on the PEIR
Chapter 11
June 2014 Section 47 Phase IIa consultation (PEIR) Raise awareness of the project under Section
47
Chapter 11
August 2014 Section 42 Phase IIb consultation (Accesses) To consult with relevant parties on all proposed
options for access points.
Chapter 11
May 2015 Section 47 Consultation on the update to SoCC To obtain feedback on the draft documents. Chapter 4
June 2015 Update to the SoCC published under Section 47 To communicate the update on consultation
strategy to local community.
Chapter 4
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 18
Date Stage of Consultation Purpose of Consultation Chapter of the
report
June 2015 Section 42 Phase III consultation (Phasing) To consult on the removal of trenching
Scenario 2 and the two construction phasing
options
Chapter 11
June 2015 Section 47 Phase III consultation; includes Public Information Days on 22nd
and
23rd
June 2015
To consult with the public on key changes to
the project design.
Chapters 6
and 11
June 2015 Section 48 Phase III Publication of Notices (advertising consultation) To consult with the public on key changes to
the project design.
Chapter 7
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 19
Diagram 1.1 Timeline to illustrate statutory consultation undertaken during East Anglia THREE’s pre-application consultation
Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec
2015 2014 2013
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 20
3 STATUTORY REQUIREMENTS
3.1 The Consultation Report
46. This Consultation Report responds to one of the key requirements set out in the Act,
i.e. that relating to the statutory obligation on applicants to complete a process of
pre-application consultation. This consultation should be undertaken with statutory
or prescribed bodies (under Section 42 of the Act), with local communities (under
Section 47) and through the general notification (and associated awareness raising
and publicity) of a proposed application (under Section 48).
3.2 Relevant Legislation and guidance
47. The legislation setting out the requirements for pre-application consultation for
NSIPs such as the proposed East Anglia THREE project comprises:
The Planning Act 2008 (the Act) (as amended);
The Infrastructure Planning (Applications: Prescribed Forms and Procedures)
Regulations 2009 (the APFP Regulations) (as amended); and
The Infrastructure Planning (Environmental Impact Assessment) Regulations
2009 (the EIA Regulations).
48. The three key legal requirements relating to pre-application consultation under the
Act are discussed below.
3.2.1 Section 42 of the Act
49. Under Section 42 of the Act, the applicant is required to consult the following about
the proposed application:
The consultees listed in Schedule 1 of the APFP Regulations. Many of these
are mandatory depending on the type of project and its geographic location.
However, a number of categories of statutory consultee require a judgement
to be made as to whether, and precisely which, organisations should be
consulted in the particular circumstances of the development.
Those local authorities as described within Section 43 of the Act. Local
authorities are defined as those within which the land to which the proposed
application relates is located. It also includes those local authorities that
share a boundary of that authority. Where the development is sited in a two-
tier local authority area, lower-tier district authorities will only need to be
consulted if they share a boundary with the lower-tier district authority in
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 21
which the development is sited. In this case, the relevant local authorities
are:
o Suffolk County Council;
o Mid Suffolk and Babergh District Council; and
o Suffolk Coastal District Council.
The Marine Management Organisation (the MMO).
All those with an interest in land to which the application relates as described
in Section 44 of the Act, i.e. a person is within Section 44 if the applicant
knows that the person is an owner, lessee, tenant or occupier of the land; is
interested in the land or has power to sell and convey the land or to release
the land; or is entitled to make a relevant claim if the order sought by the
proposed application were to be made and fully implemented.
50. Each consultee must be supplied with the consultation documents and given a
deadline for making representations (at least 28 days from the day after receipt of
the consultation documents). Under Regulation 11 of the EIA Regulations, the
consultation bodies under Section 42(a) must also be sent a copy of the Section 48
notice (referred to below).
51. Section 46 of the Act provides that at the same time as the Section 42 consultation
being commenced, the Secretary of State must be sent a copy of the same
information as was sent to the Section 42 consultees.
3.2.2 Section 47 of the Act
52. Under Section 47 of the Act, consultation must be carried out with the local
community (i.e. people living in the vicinity of the land to which the application
relates). The form of this consultation must be discussed in advance with the local
authority or authorities within whose land the development is located. In this case,
the relevant local authorities are:
Mid-Suffolk District Council;
Suffolk Coastal District Council; and
Suffolk County Council.
53. Section 47 of the Act requires the applicant to consult on the content of the draft
SoCC for a minimum period of 28 days.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 22
54. Section 47 of the Planning Act 2008 was amended by the Localism Act 2011. The
amendments set out in the 2011 Act provide that once the SoCC has been finalised,
the applicant must make the statement available for inspection by the public in a
way that is reasonably convenient for people living in the vicinity of the land (Section
47(6) of the 2008 Act as amended) and also publish a notice stating where and when
the statement can be inspected (Section 47(6)(a) as amended).
55. The applicant must then carry out its consultation in accordance with the proposals
set out in the SoCC.
56. In developing the SoCC, regard must be had to the EIA Regulations and relevant
guidance about pre-application procedure. Regulation 10 of the EIA Regulations
stipulates that the SoCC must set out whether the proposal is EIA development and,
if so, how the applicant intends to publicise and consult on preliminary
environmental information.
3.2.3 Section 48 of the Act
57. Under Section 48 of the Act and Regulation 4 of the APFP Regulations, the applicant
is required to publish a notice of the proposed application in a prescribed form, in
one or more local newspapers for two successive weeks and once in a national
newspaper and the London Gazette. In addition, where the proposal is for an
offshore windfarm, the notice must also be advertised in an appropriate fishing
trade journal and Lloyd's List. The Section 48 notice must state where members of
the public may view documentation relating to the application and include a
deadline for representations to be made (at least 28 days from the date when the
notice is last published). DCLG Guidance paragraph 41 advises that, where possible,
the first of these notices should appear at approximately the same time as the
commencement of the community consultation phase pursuant to the SoCC.
3.2.4 Section 49 of the Act
58. Under Section 49 of the Act, the applicant has a duty to have regard to any ‘relevant
responses’ received as a result of the statutory consultation and publicity conducted
pursuant to Sections 42, 47 and 48 outlined above. A relevant response is defined in
Section 49(3)(a) as a response from a person consulted under Sections 42, 47 and 48
that is received by the applicant before the deadline imposed in accordance with
that section.
3.3 Relevant Guidance
59. The principles which have guided EATL’s pre-application consultation strategy are
derived from relevant guidance and as set out in a number of published documents
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 23
some of which were published in the latter part of EATL’s consultation process,
including:
DCLG document Planning Act 2008: Guidance on Pre-application Consultation
(January 2013) (DCLG Guidance);
The Planning Inspectorate Advice Note 16 on the developer‘s pre-application
consultation, publicity and notification duties (April 2012), this Advice Note
has now been retired;
The Planning Inspectorate Advice Note 14 on compiling the consultation
report (April 2012); and
The Planning Inspectorate Advice Note 6 on the preparation and submission
of application documents (April 2012).
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 24
4 CONSULTATION ON THE SOCC AND DEVELOPMENT OF COMMUNITY CONSULTATION STRATEGY
4.1 Summary
60. EATL produced a SoCC and a document containing further detail of its strategy for
consulting with the community (the Report to Inform the SoCC) in May 2013. The
SoCC covered Phase I and Phase IIa of the consultation on the proposed East Anglia
THREE project. Phases IIb which was carried out with certain landowners and Phase
III which was carried out due to changes in the project design were in addition to
that outlined in the original SoCC, and so were covered in the Update to SoCC which
was produced in June 2015.
61. At meetings with Local Authorities and the MMO the SoCC parameters and EATL‘s
overall approach to community consultation was discussed and developed in
accordance with these consultees wishes.
62. As required under the Act, the SoCC was formally consulted on for a period of 28
days with relevant Local Authorities and the MMO.
63. Accordingly, drafts of the SoCC and the Report to Inform the SoCC were formally
consulted on between 9th August 2013 and 11th September 2013. A final version of
the advert for the SoCC was published in local newspapers and Fishing News
between 13th and 17th September 2013. Public Information Days (PIDs) were held
between 1st and 3rd October 2013 to enable the public to better understand the
contents of and purpose of the SoCC and EATL‘s approach to consultation.
64. Due to an administrative error, copies of the SoCC and Report to inform the SoCC
were not provided to libraries located along the cable route until 18th October 2013;
however they were displayed until 1st December 2013 to account for this delay. The
SoCC was available to view online from September 2013. EATL were not made
aware, by any of the libraries, of any requests to view the SoCC prior to its display.
Furthermore, no emails were sent to the project website requesting to see it, nor
were there any mentions of this delay during the PIDs.
65. In June 2015 a third phase of consultation (Phase III) was conducted under Section
42 of the Act. This consultation had not been envisaged at the start of the project
and therefore it was deemed necessary to update the SoCC prior to this consultation
in order to reflect the additional consultation required based on a number of
changes to the project description as set out in the PEIR. The update consisted of a
short document outlining how EATL had met the requirements of the original SoCC
and what the Phase III consultation would entail.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 25
66. As a result of consultation, the draft SoCC and Report to Inform the SoCC were
amended to take into account comments received from the local authorities, the
Planning Inspectorate and the MMO. The update to the SoCC was formally
consulted on between 4th May 2015 and the 1st June 2015 (however responses were
received within a few days). The advert for the update to the SoCC was published
along with the adverts for the PIDs between the 11th and 18th of June and the PIDs
were held on the 22nd and 23rd June 2015.
4.2 Statutory Requirements and Guidance
67. In accordance with Section 47 of the Act and as amended by the Localism Act 2011,
EATL is required to consult with people living in the vicinity of the proposed
development. To encourage early and effective engagement with local
communities, Section 47 provides that the applicant must prepare a SoCC in
discussion with the relevant local authorities outlining the strategy for engagement.
68. The final SoCC must be made available for inspection by people living in the vicinity
of the land and that a notice stating where and when the SoCC can be inspected is
published.
69. The purpose of the SoCC is to set out the community consultation strategy and
programme to be followed ahead of an application being submitted to the Secretary
of State. In accordance with Regulation 10 of the EIA Regulations, the SoCC must
also state whether the proposal is an EIA development and how the applicant
proposes to publicise and consult on the preliminary environmental information.
70. Advice Note 16 (page 4), recommends that the SoCC:
Provides a succinct summary of the Planning Inspectorate role as an
examining authority, and draws attention to the status of the National Policy
Statements;
Highlights the importance of the pre-application consultation in relation to
the examination process after an application is accepted by the Planning
Inspectorate;
Provides sufficient detail of the project, including the scale of the proposal,
and refers to both positive benefits to the local community and issues which
could be considered negative elements of the project; and
Indicates what information will be provided during the consultation process
on the scope for any associated land restoration, landscaping, other
mitigation or compensation measures.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 26
71. The DCLG Guidance (paragraph 18) explains that in addition to the statutory
consultees, applicants may also wish to seek the views of other people who may be
significantly affected by the project.
72. The DCLG Guidance (paragraph 25) goes on to note that the impacts of a project
could be significantly wider than just the local authority area where it takes place
and that the applicant might decide to consult people living in a wider area who
could be affected by the project and that this intention should be reflected in the
SoCC.
73. The Report to Inform the SoCC defined how EATL identified who should be
consulted. Further detail is provided in Section 4.3 below.
4.3 Defining who Should be Consulted
74. In accordance with the DCLG Guidance, EATL has taken a logical approach in
determining which geographical areas receive the focus of community consultation,
as set out below. Given the synergies between the projects, the consultation for
East Anglia THREE builds upon consultation undertaken previously for East Anglia
ONE as discussed below but with the aim of reducing stakeholder confusion and
consultation fatigue.
75. In accordance with Advice Note 16, which advises that local authorities ‘knowledge is
key and may influence decisions on the geographical extent of consultation,
meetings were held to discuss the proposed East Anglia THREE project and redline
boundary (details of meetings are displayed in Appendix 7).
76. Local offshore and onshore communities with the potential to be significantly
affected by the proposed East Anglia THREE project were identified in conjunction
with the local authorities and MMO and the East Anglia ONE project team as follows:
Users of the offshore and inshore waters which broadly fall within the
following groupings: shipping and navigation; fishermen; other industry
users, e.g. aggregates, offshore facility operators and cable/ pipelines
operators; leisure users; those with a non-statutory nature, conservation or
cultural interest.
Users of the onshore area which broadly fall within the following groupings:
residents, landowners, tenants, lessees and individuals who own or have
right to use the land within or adjacent to the redline boundary; leisure users
of the land; users with a non-statutory nature, conservation or cultural
interest; district and county councillors with wards/divisions wholly or partly
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 27
within any of the redline boundary; members of the British and European
Parliaments with local constituencies wholly or partly within any of the
redline boundary.
Other groups likely to be indirectly affected by the proposed East Anglia
THREE project including: port and harbour operators; local suppliers and
manufacturers; local skills and training providers; local road users.
77. EAOW has been consulting on developments within the East Anglia Zone since 2010
and the consultation for the proposed East Anglia THREE project built on the
consultation to date. Consultation with relevant local authorities during discussion
for East Anglia ONE helped to identify the local community and determined the
consultation methods that were deemed to be the most appropriate to ensure an
inclusive process. This included the identification of ‘hard to reach’ groups and ways
of enabling them to access relevant information. EATL sought to identify any gaps
within these groups to ensure that the list of stakeholders was up to date.
78. A full list of proposed consultees in terms of organisations and groups identified
during the development of the SoCC was provided in Appendix C of the Report to
Inform the SoCC. A copy of the final SoCC is provided in Appendix 4 of this report
and a copy of the final Report to Inform the SoCC is provided in Appendix 5. A copy
of the update to the SoCC is provided in Appendix 6.
4.4 Development of the SoCC
79. The Act requires EATL to formally consult with local authorities before preparing its
SoCC to gain advice on its content. Consultation with Local Authorities enabled a
better understanding of socio-economic, cultural, historical and other characteristics
that may influence decisions on the most effective methods of consultation in the
local area.
4.4.1 Consultation on Early draft of SoCC
80. In order to ensure continuity between East Anglia ONE and East Anglia THREE the
project manager for East Anglia THREE attended the East Anglia ONE Local Authority
Steering Group meetings with Suffolk County Council, Suffolk Coastal District
Council, Mid Suffolk District Council and Babergh District Council planners. During
the meeting on 14th May 2013 with Suffolk County Council the local planning officers
were informed of the intention of EATL to provide a draft SoCC in May 2013 and a
final SoCC in August / September 2013.
81. On 30th May 2013 an Early-draft SoCC and Report to Inform the SoCC was sent by
email to Suffolk County Council, Suffolk Coastal District Council, Babergh District
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 28
Council, Mid Suffolk District Council, Ipswich Borough Council, the Planning
Inspectorate and the MMO for their informal comments (Appendix 1).
82. Suffolk County Council responded on behalf of itself and the District councils to this
informal consultation and the MMO and The Planning Inspectorate also responded.
Their detailed response are presented in Appendix 1 and a summary of some of the
key points are included below:
Suffolk County Council:
o All ‘jargon’ should be removed from both the SoCC and the Report to inform
the SoCC;
o The introductory text should explain the significance of the onshore works
and some description of the route and converter station.
o The SoCC need only be agreed with the host authorities i.e. SCC/MSDC/SCDC;
therefore the intention to consult more widely than the host authorities
should be reflected in the SoCC- not that those neighbouring authorities
should be involved in agreeing the SoCC;
o More clarity is needed about what the nature of impacts might be in other
local authorities’ areas and the necessity for consulting people there; and
o It could be made clearer as to the points at which people have the
opportunity to make representations on the application.
The MMO:
o Requested a diagram outlining the main components of the transmission
system (turbine array, export cables, collector stations, onshore substation
etc) and figures showing the location of the Zone and East Anglia THREE sites.
o Recommended that details of the project should be held at local libraries; and
o Requested that information be included regarding the Fisheries Liaison
officer.
The Planning Inspectorate
o Recommended the phrases formal and informal be used or statutory and non-
statutory be used when describing the different elements of consultation.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 29
o Noted that there could be further detail provided on how the consultation will
be phased; and
o Suggested figures should be included which identify major towns.
83. In addition, informal feedback received at Local Authority Steering Group meetings
was that there may be potential for confusion between the East Anglia THREE and
East Anglia FOUR projects.
84. All feedback was taken into account and the formal draft SoCC, draft Report to
Inform the SoCC (Appendix 2) and the draft notification of the SoCC (in the form of a
newspaper advert) was produced (Appendix 8).
4.4.2 Statutory Consultation on the SoCC
85. On 9th August 2013, a second draft SoCC and draft Report to Inform the SoCC were
sent by email to all the relevant local authorities and the MMO (the email and the
accompanying drafts are displayed in Appendix 2) to provide them with a formal
opportunity, as required under Section 47(2) of the Planning Act 2008 (as amended)
to review the proposed EATL approach to community consultation and to provide
feedback on proposals. A period of 28 days from the 9th August to the 11th
September 2013 was provided for responses. A copy of the consultation documents
was also sent to the Planning Inspectorate for comment. The formal responses
received are provided in Appendix 2. A summary of responses and subsequent
amendments made is provided below:
SoCC
o On the request of the Suffolk County Council the terms “Formal/ Informal”
were changed to “Statutory / Non-Statutory”
o The Local Planning Authorities (combined) requested that a Non-technical
summary of the scoping report be made accessible to members of the public
to accompany the SoCC. Consequently two documents were produced which
summarised the project’s environmental considerations, onshore and
offshore. These were available in libraries alongside the SoCC and at the PIDs,
and are presented in Appendix 9 and Appendix 10.
o The Local Planning Authorities also requested a fixed time period to be set for
the receipt of comments at this stage of the project. A deadline of 31st
October 2013 was set and referenced in the SoCC and the Report to inform
the SoCC
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 30
o The Local Planning Authorities requested that more information was included
on the application for the installation of ducts to accommodate cables for East
Anglia THREE (and any future projects) as associated development in the East
Anglia ONE DCO. Consequently further detail was added to the SoCC and
Report to Inform the SoCC
o Suffolk County Council noticed mistakes in the parameters presented, in
particular the size of the windfarm and the distances from shore. EATL
corrected these errors for the final SoCC
o Suffolk County Council confirmed that it would not be possible to host copies
of the SoCC at their offices in Ipswich.
Report to inform the SoCC
o A definition was requested for “Generator Self Build” and “Grid Connection
Agreement” both of which were included.
o Clarification of timings of discussions with Local Planning Authorities was
included.
o The Local Planning Authorities suggested methods of identifying hard to reach
groups. EATL utilised the following methods to contact hard to reach groups:
o The publication date of the SoCC was advertised in local papers and
Fishing News
o The SoCC was offered in large print, Braille and audio forms on
request;
o Published in several community publications, such as In Touch
magazine and The Link newsletter.
o Copies of the SoCC were made available in libraries and at Public
Information Days, as identified
o Those registered on the EAOW website were informed by email
o Advertisement of Public Information Days through newspaper
advertisements, mailshots, posters and leaflets in local shops, on the
project website and on the BBC website (as presented in Appendix 25)
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 31
o Hard to reach groups were also targeted through a number of
activities undertaken by EAOW on behalf on both the East Anglia ONE
project and proposed East Anglia THREE project, including:
Meetings held to specifically target fishermen on the cable
route;
Meetings with Parish Councils and local community
organisations;
Appearances on BBC Radio Suffolk prior to the East Anglia
THREE Public Information Days, on 16th June 2014 and 22nd
June 2015; and
Sponsorship alongside Archant Newspapers by East Anglia
Offshore Wind of the ‘Maths Challenge’ in Suffolk. (Note this
took place in 2012, however contributed to the wider
awareness of EAOW.)
86. Ipswich Borough Council did not provide comment on the early draft SoCC and
Report to Inform the SoCC or the formal drafts of either of these documents.
87. Comments received from LPAs, MMO and PINS were taken into consideration in the
production of the final SoCC and this is presented in Appendix 4. The Report to
Inform the SoCC and the notification of the SoCC were also amended accordingly and
the final versions are presented in Appendix 5 and Appendix 8 respectively. The
SoCC and Report to inform the SoCC were then made available on the East Anglia
THREE website (Appendix 11) and other locations as detailed above.
4.5 The Final SoCC and the Report to Inform the SoCC
88. The final SoCC met the requirements set out in the relevant guidance outlined in
section 4.2 above and was used by the EATL project team as the minimum standard
by which consultation should be undertaken. The SoCC briefly explained what the
proposed East Anglia THREE project would entail, the procedure under which the
project would be consented, how EATL would obtain the community‘s views during
consultation, and how and when interested persons could best make their views
known. The SoCC also gave notification of the intention to hold public information
days and gave an indication of when these would take place.
89. As required by Regulation 10 of the EIA Regulations, the SoCC also stated that the
East Anglia THREE project would require an EIA and that a Preliminary Environmental
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 32
Information Report (PEIR) would be available during the Section 47 community
consultation period and the Section 42 formal consultation period.
90. The Report to Inform the SoCC was designed to be read alongside the SoCC and
explains in greater detail EATL‘s commitment to engagement with the local
community throughout the pre-application consultation process. Information
included within the report is detailed in section 4.8 of this Consultation Report.
91. The SoCC also explained that the Report to Inform the SoCC was available to
download on the Project website (Appendix 11) and hard copies were available upon
request. The Report was also available to view at the Phase I PIDs (see section 6.3 for
details).
4.6 Publication of the SoCC
92. The SoCC was published on 16th September 2013. Prior to 16th September a holding
notice was displayed on the project website informing of the forthcoming
publication of the SoCC. To provide further notification of the SoCC and Report to
Inform the SoCC public adverts (which are provided in Appendix 12) were published
in local newspapers including:
Fishing News - Friday 13th September 2013,
East Anglian Daily Times - Tuesday 17th September 2013,
Eastern Daily Press - Tuesday 17th September 2013, and
Ipswich Star - Tuesday 17th September 2013.
93. The adverts also included information of where and when the PIDs (described in
section 6.3) would be held.
94. At the time of publication the SoCC was displayed on the project website (Appendix
11) and an email was sent to the following organisations advertising the publication
of the SoCC and the Report to inform the SoCC, as well as advertising the Phase I
PIDs (see section 6.3 for further detail):
Suffolk County Council;
Ipswich Borough Council;
The Marine Management Organisation;
Babergh District Council;
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 33
Suffolk Coastal County Council;
Culpho Parish Council;
Bramford Parish Council;
Little Bealings Parish Council;
Claydon Parish Council;
Newbourne Parish Council;
Playford Parish council;
Martlesham Parish Council;
Ramsholt Parish Council;
Great Blakenham Parish Council;
Witnesham Parish Council;
Kirton Parish Council;
Alderton Parish Council;
Bawdsey Parish Council;
Woodbridge Parish Council;
Waldringfield Parish Council;
Akenham Parish Council;
Great Bealings Parish Council;
Westerfield Parish Council; and
Members of the public who had registered on the project website.
95. Due to an administrative error hard copies of the SoCC were not distributed to public
libraries until after the introductory PIDs (held between October 1st and 3rd) as had
been planned. They were sent on 18th October 2013 to the following public libraries
where they were displayed and accessible until 1st December 2013:
Hadleigh;
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 34
Woodbridge;
Felixstowe; and
Ipswich County
96. EATL were not made aware, by any of the libraries, of any requests to view the SoCC
prior to its display. Furthermore, no emails were sent to the project website
requesting to see it, nor were there any mentions of this delay during the PIDs. The
SoCC was available to view online from September 2013, as per the public adverts
(Appendix 12).
97. An email providing information about the SoCC and where and when the PIDs would
be held was sent to all those persons that had registered for updates on the East
Anglia THREE Offshore wind website (76 at that time). A copy of that email is
provided in Appendix 13
4.7 Update to the Statement of Community Consultation
98. In June 2015 a third phase of consultation (Phase III) was carried out (see section
11.7). This consultation had not been envisaged at the start of the project and
therefore it was deemed necessary to update the SoCC prior to this consultation in
order to reflect the additional consultation required based on a number of changes
to the project description originally presented in the Preliminary Environmental
Information Report (PEIR). The update consisted of a short document outlining how
EATL had met the requirements of the original SoCC and what the Phase III
consultation would entail. A copy of the final update to the SoCC is provided in
Appendix 6.
4.7.1 Consultation on Early draft update to Statement of Community Consultation
99. An early informal draft of the update to the SoCC was provided to The Planning
Inspectorate, Suffolk County Council, Mid Suffolk District Council and Suffolk Coastal
District Council on 28th of April 2015. This is provided in Appendix 14. The comments
received included:
100. Suffolk County Council (responded on behalf of themselves, Mid Suffolk District
Council and Suffolk Coastal District Council):
A recommendation that the phases of consultation be clearly named and
separated as follows:
o Phase I – Autumn 2013 – Section 47 only
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 35
o Phase IIa – Early summer 2014 – Section 42 and Section 47 (PEIR)
o Phase IIb – Late summer 2014 – Section 42 and Section 47 (Accesses)
o Phase III – Summer 2015 – Section 42 and Section 47 (Phasing Update)
Make clear under what section of the Act this consultation is being
conducted.
Be clear under what sections of the Act consultation has already been
conducted.
101. These comments were addressed and an updated version was sent back to Suffolk
County Council on 30th April 2015 for its approval. One further amendment was
made to the document following Suffolk County Councils response.
4.7.2 Consultation on Formal Draft under Section 47 of the Act
102. The formal draft of the Update to SoCC was sent to The Planning inspectorate,
Suffolk County Council, Suffolk District Council, Suffolk Coastal District Council and
the MMO on the 4th May 2015 for their consultation under Section 47 of the Act.
The 28 day consultation period stated on the 4th May 2015 and ran until 1st June
2015 (the email along with the draft update to SoCC is provided in Appendix 3).
103. No additional (from that on the early draft) comments were received on the formal
draft Update to the SoCC from The Planning Inspectorate. The MMO responded on
20th May 2015 confirming that the draft update to the SoCC was fit for purpose and
that the MMO had no comment.
104. Suffolk County Council sent a response on the 7th May 2015 which suggested some
amendments to the Update SoCC which included:
It should be made clearer that it is the full application that is to be submitted
in November 2015, rather than just the Environmental Statement;
It should be made clearer exactly who the relevant authorities are; and
Other minor amendments were also suggested.
4.7.3 Publication of the Update to the SoCC
105. The Update to the SoCC was provided to Parish Councils along the cable route (as
listed in section 4.6), as well as being available for public viewing at the PIDs
associated with Phase III of consultation (see section 6.5 for detail on Phase III PIDs)
and on the East Anglia THREE website.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 36
106. Prior to the opening of Phase III consultation on 19th July 2015, a notice was
displayed in local newspapers informing of the forthcoming publication of the
update to the SoCC and informing of PIDs (for further information on these see
section 6.5). This encompassed a public notice under Section 47(6) of the Act and
was published in the following newspapers:
East Anglian Daily Times - Thursday 11th June 2015 and Thursday 18th June
2015,
Eastern Daily Press - Thursday 11th June 2015 and Thursday 18th June 2015,
and
Ipswich Star - Thursday 11th June 2015 and Thursday 18th June 2015.
107. Hard copies of the SoCC were sent to the following public libraries where they were
displayed and accessible from 19th June 2015 to 23rd July 2015.
Hadleigh;
Woodbridge;
Lowestoft
Felixstowe; and
Ipswich County
108. The Section 47 notice that was produced by EATL and evidence of the notice as was
published in newspapers is provided in Appendix 15.
4.8 Summary of the Community Consultation Strategy
109. The fundamental objective of the community consultation strategy has been to
ensure open and effective engagement with any community member who has an
interest in the proposed East Anglia THREE project. Recognising the importance of
community consultation, EATL put forward four main objectives, as follows:
Keeping local communities informed about the project throughout the pre-
application phase using a variety of consultation methods;
Helping local communities gain a better understanding of what the proposed
development is likely to mean to them;
Enabling local communities to feedback on, and thus inform, the proposals;
and
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 37
Explaining how comments raised have been considered during the
development of the proposals.
110. Bringing together the Planning Inspectorate's requirements and EATL‘s objectives for
community engagement, the key principles guiding the consultation conducted by
the EATL team were to ensure consultation was understandable and meaningful,
early and on-going, as well as accessible and proactive. These principles were set
out in EATL’s final Report to Inform the SoCC for the proposed East Anglia THREE
project (Appendix 5) and enabled EATL, in consultation with local authorities and the
MMO, to develop its consultation strategy with these in mind.
4.9 Compliance with the SoCC
111. As described in Chapter 5 and 6, statutory community consultation under Section 47
took place in accordance with the SoCC and update to SoCC.
4.10 Statement of Compliance
112. EATL complied with the Act and EIA Regulations as follows:
a. A draft SoCC was prepared which set out how the Applicant proposed to
consult the community and consulted upon with the relevant authorities in
whose area the proposed East Anglia THREE project lies (Section 47(2)).
b. Statutory consultation with the relevant local authorities on the SoCC ran
from 9th August until 11th of September 2013 for initial SoCC (Phase I) and
from 4th May until 1st June 2015 for the update to SoCC (Phase III), thus
allowing a period of 28 days for responses in both occasions (Section 47(3)).
c. The consultation documents comprised a draft SoCC and Report to Inform
the SoCC for Phase I and a update to the draft SoCC for Phase III (Section
47(4)).
d. EATL considered all relevant comments received on the draft SoCC and draft
Update to the SoCC (Section 47(5)).
e. Notice of the SoCC was published in local and national newspapers between
the 13th and 15th of September 2013 for Phase I and between the 11th and
18th June 2015 for Phase III. The SoCC and Update to the SoCC were also
made available on the Applicant's website (Section 47(6)).
f. The consultation process was carried out in accordance with the SoCC and
the Update to the SoCC, as explained in Chapter 6 of this report (Section
47(7)).
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 38
g. The SoCC and the Update to the SoCC stated that the application comprised
EIA development and how EATL intended to publicise and consult on the
preliminary environmental information (Regulation 10 of the EIA
Regulations).
h. EATL also had regard to the DCLG Guidance on the pre-application process
(Section 50).
113. Please see the final Statement of Compliance at Chapter 15 for more details.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 39
5 INFORMAL COMMUNITY INVOLVEMENT
5.1 Introduction
114. EAOW has consulted extensively with communities throughout Suffolk and Norfolk
both informally and formally since 2010 through East Anglia ONE and throughout the
East Anglia Zone development. Given the similar onshore parameters of the East
Anglia THREE project and East Anglia ONE project, EATL built upon the existing
consultation efforts of East Anglia ONE rather than undertake an entirely new
engagement strategy, thereby avoiding potential stakeholder confusion.
115. The Consultation Report for East Anglia ONE is available on the Planning
Inspectorate website (EAOW 2012a). This report and its appendices detail all the pre
application consultation that was conducted for that project. The onshore cable
route for the East Anglia ONE project and the proposed East Anglia THREE project
are largely the same, with the exception of several access points. The consultation
for East Anglia THREE builds on the consultation undertaken for East Anglia ONE.
This section summaries the continued informal consultation that has been
conducted specifically for the proposed East Anglia THREE project.
5.2 Phase I Public Information Days
116. EATL initiated early consultation by holding its first Public Information Days (PIDs) on
1st, 2nd and 3rd October 2013, referred to as the Phase I PIDs. These PIDs were
designed to bring to the public’s attention the SoCC and introduce the proposed East
Anglia THREE project and inform on the approach to the EIA.
117. Bawdsey, Woodbridge and Bramford were chosen as the locations for the PIDs to
take into account the communities that would be most affected and to try and
minimise travel time for attendees. Table 5.1 outlines details of the events.
118. A PID was held at Bawdsey to consult with residents that would potentially be
affected by works associated bringing the export cables onto land (cable landfall).
Bramford was selected as a location to consult with communities that would be
affected by the onshore substations. Woodbridge was chosen as an accessible area
and a mid-way point along the cable route between Bawdsey and Bramford.
119. Nine or more of the wider East Anglia project team attended each of the PIDs which
are outlined below.
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Table 5.1 Details of the introductory Public Information Days .
Town Venue Date Time
Bawdsey Bawdsey Village Hall, IP12
3AH
Tuesday, 1st
October 2pm – 7pm
Woodbridge Shire Hall, IP12 4LP Wednesday, 2nd
October
2pm – 7pm
Bramford Bramford Church Rooms,
IP8 4AT
Thursday, 3rd
October 2pm – 7pm
120. The principal aims of the Phase I PIDs were to advertise and inform the local
communities of the SoCC and to introduce the proposed East Anglia THREE project
to the general public. As part of the Section 47 consultation for East Anglia ONE the
general public had been made aware of future projects and the PIDs built on this
knowledge.
5.2.1 Consultation Materials
121. The principal consultation materials used for the introductory PIDs were the public
exhibition boards. Eleven boards were displayed at all three events which informed
members of the public about the proposed East Anglia THREE project. The boards
which are displayed in Appendix 16 covered the infrastructure of the projects,
onshore and offshore areas affected by the projects, the consultation strategy and
the electrical transmission works required. The exhibition boards were also made
available to download from the project website.
122. Also available in hard copies at the PIDs were:
East Anglia THREE Scoping report (document 6.5 of this application);
East Anglia THREE SoCC (Appendix 4);
Report to inform the SoCC (Appendix 5); and
Summaries of Environmental Considerations both onshore and offshore
(Appendix 9 and Appendix 10).
123. All of the above were also available on CD, copies of which were handed out during
the events.
124. Separate summaries of “Environmental Considerations for the Offshore
Environment” and Onshore Environment were provided. They presented, in non-
technical language, the main environmental considerations to be included within the
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 41
EIA process. The information within these documents was taken from the Scoping
report (document 6.5).
125. The PIDs were attended by a total of 57 people (across the three events) ranging
from local community members to members of the local Parish and District and
County Council. The main topics of discussion were:
How the proposed East Anglia THREE project would fit within the Zone and
East Anglia ONE;
Possible disruption caused by the scheme;
Investment by EAOW in the area; and
Traffic impacts of construction.
126. Most concerns raised were answered at the event and where necessary, EATL gave
further response by email to consultees.
5.2.2 Feedback forms / Questionnaires
127. Feedback forms given out at PIDs were an effective method of obtaining the local
community‘s views on a range of issues related to EATL’s proposal. Feedback forms
were also available through the project website. A copy of the feedback form can be
seen at Appendix 17.
128. A total of 11 feedback forms were completed and returned during the October 2013
PIDs. EATL ensured all responses were considered and provided individual responses
where possible. A summary of the responses and analysis of the answers from the
Phase I feedback forms received is provided in Appendix 18.
5.3 Other Informal Engagement
129. EAOW commissioned Eastern Edge Ltd in 2011 to assist with its Stakeholder
Engagement Strategy for East Anglia ONE. Building on the work of East Anglia ONE,
EATL has continued to work with Eastern Edge Ltd to ensure consistency of
engagement is maintained across all stakeholders throughout the project
development phase.
130. In addition to Section 42, Section 44 and Section 47 consultees, the following
stakeholders were identified: Members of Parliament; leaders and relevant portfolio
holders of the County and District/Borough Council; the New Anglia Local Enterprise
Partnership (LEP) and the South East LEP; the East of England Energy Group (EEEGR);
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 42
the three Chambers of Commerce (county level); and, the Norfolk and Suffolk Energy
Alliance (NSEA).
131. Despite identifying stakeholders more widely across Essex and Norfolk; the main
focus for consultation for the proposed East Anglia THREE project is Suffolk. The
strategic engagement has and will continue to include the Local Planning Authorities
as well as other key stakeholders, through multiple meetings (see chapter 9). A list
of some of the meetings held is provided in Appendix 19.
132. There was significant investment in effective engagement at this level by the East
Anglia ONE Development Team, through regular and ongoing meetings with the
statutory bodies. East Anglia THREE Limited were able to continue this and build
upon the embedded knowledge of the East Anglia ONE project.
133. Between 2013 and 2015 there was a programme of engagement with the East
Anglian supply chain. EAOW has engaged bi-laterally with dozens of regional
suppliers at their business locations in order to understand their capabilities and
interest in EAOW’s programme. These have been at a strategic level with Directors
as well as an operational level with the EAOW Heads of Work Packages (e.g.
Foundations, Cables and O&M) and other procurement specialists. Some of these
meetings are subject to Non-Disclosure Agreements and therefore cannot be
disclosed here however a list those which can be disclosed is displayed in Appendix
19.
5.4 Informal public updates
134. Periodically throughout the development of the East Anglia Zone thus far, EAOW
have produced and circulated newsletters providing updates on the different
projects. An example of such newsletter is provided in Appendix 28. Further news
letters will be distributed post submission of the East Anglia THREE application.
Throughout the development of the project EATL have also kept all members of the
public who have registered on project website up to date with periodic emails
examples of these can be found in Appendix 13.
135. In addition to the other forms of consultation undertaken, EATL have engaged with a
number of land agents appointed by landowners identified as having an interest in
the East Anglia ONE and East Anglia THREE cable route to coordinate the negotiated
agreement of access for the purposes of pre-construction, construction and
operation activities. This network has been used to keep landowners up to date with
the progress of the East Anglia THREE project. One of the landowners on the project
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 43
has elected to represent himself throughout the process and EATL have discussed
matters with him directly.
136. Eleven residents of the village of Burstall had requested further (in addition to other
consultation described in this report such as PIDs, updates from the website and
email correspondence with the project team) detail on any updates to both the East
Anglia ONE and the proposed East Anglia THREE projects as they could be directly
affected by the onshore converter stations therefore on 14th April 2015 these
residents were also sent an email which is presented in Appendix 20.
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6 SECTION 47 CONSULTATION
6.1 Summary
137. EATL has taken a “joined up approach” (See section 2.3) to consultation. By taking
this approach EATL has aimed to minimise confusion and limit consultation fatigue.
Therefore, although this section primarily addresses consultation undertaken to
satisfy the requirements of Section 47 of the Act, there is overlap with consultation
conducted under other sections of the Act and therefore cross referencing has been
provided to other sections of this report.
138. Community engagement under Section 47 has been conducted in three phases
which, for phases IIa and III mirror those used for Section 42 consultation (see
Section 11) and are as follows:
Phase I Consultation on the SoCC and introducing the project (see section
5.2);
Phase IIa Consultation on the PEIR; and
Phase III - Consultation on construction phasing.
139. Each Phase of consultation was extensively advertised and included a set of PIDs
held at appropriate locations along the onshore cable route.
140. EAOW had already established relationships with members of the public through the
consultation for East Anglia ONE. EATL built on these relationships and developed
new ones, especially with those who registered an interest via the East Anglia THREE
website.
141. Phase I consultation was designed to both consult on the SoCC (see Chapter 4) and
provide information on the proposed East Anglia THREE Project at a very early stage
of development, thereby maximising the opportunities for members of the public to
influence the project design. EATL provided this information through public notices
and through the first set of PIDs held along the cable route (see section 5.2 for
further detail on the Phase I PIDs).
142. Phase IIa consultation sought to consult under both Sections 47 and 42 (see Chapter
11) of the Act in tandem and used the PEIR to do this. Thus the PEIR was available at
PIDs along with display boards that summarised the findings of the PEIR. During
Phase IIa consultation, the decision to include an additional stage of consultation
(Phase IIb) in order to provide more information about the proposed access routes
to the cable route was taken. However, as this consultation was limited to those
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 45
affected by the onshore cable route, this consultation was primarily conducted
under Section 42 of the Act (see Chapter 11).
143. Due to a delay in application submission date and a number of changes in project
design, a decision was made to include a third phase of consultation which had not
been envisaged in the original SoCC. Therefore, an update to SoCC was produced to
account for this. Detail is provided in section 4.7 of this report. This Phase III
consultation was conducted under both Section 42 and Section 47 of the Act, using a
formal report and PIDs to conduct the consultation in tandem.
6.2 Consultation Activities
144. The six principal means of consulting with the community, as documented in the
SoCC, Report to Inform the SoCC and the Update to SoCC are set out below:
Public Information Days (PIDs);
Project Updates;
Consultation with elected representatives;
Consultation with key non-statutory stakeholders and special interest groups;
Consultation through local media; and
Responding to comments.
145. Details of how each of the above has been carried out in accordance with the SoCC
are provided in this Chapter and Chapter 11 and summarised in Table 6.3.
6.3 Phase I PIDS
146. Detail of the Phase I PIDs is provided above in Section 5.2
6.4 Phase IIa PIDs – Consultation on the PEIR
147. Following the production of the PEIR in June 2014 EATL held a second round of PIDs.
Although this consultation was primarily conducted under Section 42 of the Act (See
Section 11) in order to obtain more detailed comments on the PEIR from statutory
consultees, the holding of the PIDs was carried out under Section 47 of the Act to
ensure that the local community was kept up to date and had a chance to respond
on the more detailed documentation.
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6.4.1 Advertising the Phase IIa PIDs
148. The Phase IIa PIDs were advertised to local communities. Details of how and where
the events were advertised are contained within Appendix 22.
149. MPs for Waveney, Great Yarmouth, Suffolk Coastal, South Suffolk, central Suffolk
and north Ipswich, Ipswich and West Suffolk were also sent an email on 28th May
2014 inviting them to attend a councillor specific meeting on 16th June 2014 at
Woodbridge library. The format of that meeting was similar to the PIDs which
followed it, with display boards, feedback forms (Appendix 23) and digital and hard
copies of the PEIR available for consultation.
150. Emails were sent by EATL to all relevant Parish Councils on 23rd May 2014 informing
them of the Phase IIa consultation and details of the PIDs. A copy of this email and
its recipients are included in Appendix 22.
151. A similar email was also sent on 27th May 2014 to all stakeholders who had
registered via the project website to receive updates on the project.
152. A letter, the mailing list of which was taken from the electoral roll, was sent to all the
residents of Burstall. The letter provided details of the Phase IIa PIDs and how to
view and consult on the PEIR. A copy of this letter is provided in Appendix 22,
section 22.5.22.
153. As with the Phase I PIDs, publicity notices (in this case, using the Section 48 Notice
which included an advert for the PIDs) were placed in several local and national
newspapers. Dates of these publications can be found in Table 6.1 and evidence of
this is provided in Appendix 24.
154. The press office page on the Scottish Power Renewables web page
(http://www.scottishpowerrenewables.com/pages/press_office.asp) published the
dates of the PEIR PIDs (see Appendix 22). Links to this advert were included on other
websites including the BBC news website (See Appendix 25).
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 47
Table 6.1 Details of the introductory Public Information Days.
Town Venue Date Time
Woodbridge Woodbridge Library, New Street
IP12 1DT
Monday 16th
June, 2014 2pm – 7pm
Ipswich Endeavour House, 8 Russell Road,
IP1 2BX
Tuesday 17th
June, 2014 9:30-12:30
Bawdsey Bawdsey Village Hall, IP12 3AH Tuesday 17th
June, 2014 2pm – 7pm
Burstall Burstall Village Hall, IP8 3RD Wednesday 18th
June,
2014
2pm – 7pm
6.4.2 The PEIR PIDs
155. The Phase IIa PIDs attracted a total of over 80 people attending across the three
days.
6.4.2.1 Woodbridge PID 16th June 2014
156. 20 people attended the Woodbridge PID. Conversations were held about the
following issues:
Members of Martlesham Parish council informed EATL that a planning
application for 250 houses had been submitted to Suffolk Coastal District
Council. The houses would be situated on the other side of Sandy Lane,
Martlesham, opposite the greenhouses.
Residents informed EATL that it had been misnaming Mill Road, and it should
be “Newbourne Road”.
Inquiries were made as to whether the Parish Councils could be personally
informed of the East Anglia ONE consent decision when it happened. EATL
sent an email the following day to all the Parish Councillors containing
information about the announcement of the decision to grant East Anglia
ONE consent the email contained links to where this information was
available.
A comment was made that it would be useful to have some “support” for the
Deben Estuary Partnership’s plans to shore up sea defences.
A local resident had concerns over an area near Martlesham where he
walked his dog that he thought might be destroyed. He said that nightingales
and other wildlife were present. He was told that contractors would take
photographs beforehand, to ensure they reinstated the land as they found it.
He was also informed that there would be a Code of Construction Practice
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 48
and an Ecological Management Plan – together with an Ecological Clerk of
Works and a Community Liaison Officer.
Several local residents raised concerns about the locations of proposed
accesses to the onshore cable route. These points were noted and residents
informed that EATL would be undertaking site visits of all proposed access
locations in order to check the feasibility of their use.
6.4.2.2 Endeavour House – 17th June 2014
157. 5 people attended the Endeavour House PID.
158. Whilst on the premises the EATL team spoke with the leader of Suffolk County
Council, the director of economy, skills and the environment, the Spatial Planning
and Sub Regional Partnerships Manager and the Economic Development Manager
and former stand-in CE of New Anglia LEP to inform them about the East Anglia ONE
decision and the proposed East Anglia THREE project. A number of council
employees viewed the project material in passing but did not specifically attend the
event.
6.4.2.3 Bawdsey – 17th June 2014
159. 29 people attended the Bawdsey PID.
160. The attendees asked about the following:
Community benefit for East Anglia THREE;
How long the Horizontal Directional Drilling (HDD) under the Deben would
take;
Boat traffic movements i.e. concerns about people with yachts, particularly
moored at Ramsholt – and the fact that they would need to get to and from
their boats; and
Onshore traffic, vibration, impacts on the houses by roads which would be
used to access the cable route.
6.4.2.4 Burstall – 18th June 2014
161. 32 people attended the Burstall PID.
162. The Chairman of the Burstall Parish Council attended saying that he had not been
happy with the outcome of the hearings for East Anglia ONE and making it clear that
he would not be supporting the proposed East Anglia THREE project.
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6.4.3 Feedback form / Questionnaire
163. Three Feedback forms were returned during the PIDs the key messages from these
were as follows:
Concern over private water supply;
Concern over some accesses and impact on caravan site;
Visual impacts of the converter sheds–landscaping should start early and
sheds should be green; and
Overall the project team was “well informed and very helpful”.
164. In response to these concerns the Access points to the cable route have been
designed so that they cause minimal disruption to traffic and should not adversely
affect any caravan sites. Following the comment on the colour scheme as well as
wider consultation on landscaping it has been decided that the substations will have
olive green facades and grey roofs (This is reflected in the Computer Model
Visualisations associated with the East Anglia THREE ES, Volume 2, Chapter 29
Seascape, Landscape and Visual Figures 29.9 to 29.23). The ES concludes that the
East Anglia THREE project will have no significant effects on private water supplies
(Volume 1, Chapter 22 Land Use and Chapter 21 Water and Flood risk).
6.4.4 Traffic and Transport issues
165. During the Phase IIa PIDs one of Royal HaskoningDHV’s traffic and transport experts
was present to hold specific consultation on traffic related issues. During these PIDs
the following concerns were raised:
Concerns regarding the suitability of several of the proposed accesses were
raised by potentially affected residents;
A request to restrict HGV hours of operation (it was noted that in a recently
granted planning permission for conversion of a farm to commercial business
that a condition had been imposed restricting HGV traffic after 8pm);
The need for EATL to be aware of and sensitive to events such as the
Woodbridge Regatta which are critical to the upkeep of local amenities. The
suggestion was made that HGVs avoid these events;
The need to restrict HGV movements during the school run times;
The fact that Ramsholt is home to over 200 moorings. It was suggested that
HGVs should be routed via Alderton rather than north south route via B1083;
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Concern over traffic conflicts with Bawdsey school;
Concern with HGVs negotiating Shottisham Bridge; and
Access via Tye Lane and the track adjacent being unsuitable for frequent HGV
movements.
166. As a result of these concerns received at the PIDs and following written responses to
the Section 42 Phase IIa consultation (see section 11.5 for further detail) the
following actions were taken by the EATL team:
A further additional consultation, Phase IIb (See section 11. 6) was
undertaken under Section 42 to focus specifically on accesses;
EATL made a commitment to limit HGV movements during peak traffic hours;
EATL have commissioned the production of a traffic management plan which
sets out how traffic associated with the proposed East Anglia THREE project
would be managed to cause minimal disruption.
Following the Phase IIb Section 42 Consultation the access via Tye Lane was
removed from the East Anglia THREE project.
6.5 Public Information Days – Phase III of Consultation
6.5.1 Advertising the Phase III Consultation PIDs
167. A specific East Anglia THREE consultation events poster was also produced, detailing
the dates and locations of the two PIDs which were held for Phase III. A copy is
provided in Appendix 21. These were provided to Local Parish Councils for display.
This poster also detailed the addresses of the five libraries where consultation
material could be accessed during the consultation period (19th June to 23rd July
2015).
168. Additionally, Section 47 notices providing a notification of the Update to the SoCC
contained details of the times and locations of the PIDs alongside information on the
libraries where consultation materials could be accessed during the consultation
period. These were published in the following local newspapers one week apart in
successive weeks:
East Anglian Daily Times - Thursday 11th June and Thursday 18th June 2015,
Eastern Daily Press - Thursday 11th June and Thursday 18th June 2015, and
Ipswich Star - Thursday 11th June and Thursday 18th June 2015.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 51
169. Evidence of these publications can be found in Appendix 15.
6.5.2 The Phase III Consultation PIDs
170. Two PIDs were held to accompany Phase III of consultation (Table 6.2) and to
promote the update to the SoCC (see section 4.7) following the commencement of
the formal consultation period on 19th June 2015. The Phase III Report
(Consultation), Update to the SoCC and PIDs boards (Appendix 26) were made
available for public viewing, along with the opportunity to discuss the project with
members of the EATL team. Forms were also provided upon which consultees could
provide feedback to EATL (Appendix 27).
Table 6.2 Details of the Phase III Public Information Days
Town Venue Date Time
Bramford Bramford Church Rooms, Ship Lane,
Bramford, IP8 4AL
22nd
June 2015 12:00-19:00
Woodbridge Woodbridge Library, New Street,
Woodbridge, IP12 1DT
23rd
June 2015 12:00-19:00
171. 22 people attended each of the Phase III PIDs (44 in total across the two days).
Feedback forms were available (See Appendix 27) however no forms were
completed, with attendees appearing to prefer open discussion with the members of
the project team that were available. The majority of attendees were local residents
some of which were Parish Councillors. The PIDs were also attended by the planning
project manager from Suffolk County Council. The main topics discussed included:
Traffic numbers;
Location of the accesses (and use of them);
Potential to keep haul road in place from East Anglia ONE (and why it is
necessary to assess the worst case that the haul road may be removed
between Phase 1 and Phase 2, even if that may not be the eventual
outcome);
The reasons for phasing with regard to the government's new Contracts for
Difference (CfD) regime; and
Technical questions about the technology and the significance of LFAC (Low
Frequency Alternating Current) vs HVDC (High Voltage Direct Current)
solutions which were being considered.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 52
172. Generally the attendees were supportive of the proposed East Anglia THREE project
and welcomed EAOW’s decision to install ducts for future projects as part of the East
Anglia ONE works therefore reducing the amount of construction disturbance.
6.6 Community Involvement
173. EATL intentionally situated the PIDs in three locations close to the areas affected by
the proposed electrical transmission works: Woodbridge, Bramford and Bawdsey or
Burstall. The PIDs at Woodbridge focused on the onshore route and engineering
works, the Bramford and Burstall PIDs focused on the substation site and building
and the Bawdsey PIDs, focused on traffic movements, the size of the construction
plant and coastal erosion. Attendees varied from local community members to
members of the local parish district and county councils.
174. The feedback gained by members of the project team present at the PIDs and via
email and letter responses received has identified that many members of the public
have a general interest in the project and renewables as a whole. Some members of
the public showed support for the location of the cable route and substation due to
the existing National Grid infrastructure already being located there. Many showed
support for the commitment by EAOW to include ducting for future projects within
their plans. Members of the local community expressed their satisfaction with the
engagement they had received and the more detailed information provided about
the onshore cable route and construction methodologies.
175. Consultation undertaken with Parish Councils (under Section 42) was also informed
by the communities they represent and therefore, although not conducted under
Section 47 is recognised as community involvement. These consultations have
directly influenced amendments made to the accesses points to the onshore cable
route. This was especially apparent during Phase IIb of consultation discussed in
section 11.6 of this report.
6.7 Compliance Statement
176. In accordance with Section 47(7) of the Act, Phases I, IIa and III Section 47
consultation was carried out in line with the proposals set out in the SoCC and
Update to SoCC, all commitments were fulfilled and EATL has had regard to all
responses. Details of how EATL complied with the SoCC and Update to SoCC are
provided in Table 6.3.
177. Where objections were raised during these stages of pre-application consultation to
the proposed development, EATL proposed additional consultation through face-to-
face meetings, phone calls and written correspondence with consultees to ensure
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 53
that any changes that could be made to the design, and details of proposals to
mitigate any concerns, could be included within the application.
178. Please see the full Statement of Compliance at Chapter 15 for more details.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 54
Table 6.3 Activities carried out and compliance with the SoCC and Update to SoCC
Commitment Overview SoCC Statement EATLs compliance with the commitment
Public Information Days (Phase
I - Project Info and SoCC)
Following publication of this SoCC, EATL will hold Public Information
Days where members of the local community can meet with the East
Anglia THREE project team to discuss how local views can be taken
into account.
Information Days will be publicised in the local press, harbour notices,
on the East Anglia THREE website, on posters and flyers distributed
locally and through direct correspondence with Parish Councils and
Community Organisations
Three PIDs were held Bawdsey Woodbridge on 1st
2nd
and
3rd
of October 2013 following the publication of the SoCC
in September 2013.
The PIDS were advertised in Fishing News, East Anglian
Daily Times, Eastern Daily Press and the Ipswich Star.
Posters were displayed on harbour notices, public notice
boards in the vicinity of the PIDs. Instead of flyers, emails
were sent to all local councils detailing the venues and
timings.
Public Information Days (Phase
IIa - PEIR)
Public information days will be held in Spring/ Summer 2014 to
coincide with the publication of the PEIR.
Following the start of the Section 42 Consultation on PEIR
(23rd
May 2014) three PIDs were held at Bawdsey
Woodbridge and Burstall on 16th,
17th
and 18th
(respectively) of June 2014
Public Information Days
(Section 42 Phase III – Project
update)
These were not detailed in the original SoCC and form an additional
element of consultation. These were listed in the updated SoCC
Following the start of the Section 42 (Phase III)
consultation (date) two PIDs were held in Bramford and
Woodbridge on the 22nd
and 23rd
of June 2015
respectively.
Consultation with elected
representatives
East Anglia THREE Limited will meet with elected representatives and
will offer further engagement (e.g. attendance at Parish Council
meetings) on request or to coincide with the public information days.
Regular meetings with Parish Councils throughout the development of
the East Anglia ONE Offshore Windfarm will be continued throughout
the development of East Anglia THREE.
Representatives from the East Anglia THREE project team
have regularly attended the Parish Council meetings
throughout the pre application process and engaged with
Parish Council representatives by email and letter during
key phases of consultation.
Consultation with key non
statutory stakeholders and
special interest groups
East Anglia THREE Limited will ensure that relevant groups are invited
to the Public Information Days and will arrange face-to-face meetings
with them on an on-going basis as requested.
Suffolk Wildlife Trust attended a stakeholder workshop on
20th
February 2013
Whale and Dolphin Conservation attended a meeting with
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 55
Commitment Overview SoCC Statement EATLs compliance with the commitment
Brown and May Marine will liaise with fishermen and fishermen’s
organisations on behalf of East Anglia THREE Limited through
meetings and project updates in its role as Fisheries Liaison Officer.
EATL on 7th
July 2014
The Royal Society for the Protection of Birds (RSPB) has
been a participant in the Evidence Plan Process attending
the initial ornithology meetings.
Consultation through local
media
East Anglia THREE Limited will issue press releases where appropriate
about the windfarm development and the offshore renewable energy
sector in local media and trade journals.
In addition to the Section 48 notice, adverts promoting
the PIDs were placed in the main Suffolk newspapers, the
East Anglian Daily Times, Ipswich star and Eastern Daily
press. All adverts were displayed on the East Anglia
THREE project website and an article was placed on the
BBC website. Adverts were also placed in “local keeping
in touch” websites and published magazines as well as
parish magazines and newsletters (Appendix 28).
Responding to comments All comments and information we receive during Phases I, II and III of
the consultation will be recorded in a consultation database and
carefully considered by EAOW.
The EATL project team provided a dedicated phone
number, feedback form, email address and information
service throughout its consultation process to enable
people to speak directly to / email a member of the team
to ask questions and raise issues regarding the proposed
East Anglia THREE project.
Methods of getting in touch
with EATL
Visit our project website: http://eastangliathree.eastangliawind.com/
Email: [email protected]
Call (general enquiries): Keith Morrison on 0141 6140400
Call (fisheries liaison issues): Brown and May Marine (Stephen
Appleby) on 01379 870181 or 07887 77700
Post: FREEPOST RSTC-EJEY-RKRX, EAOW, 1 Atlantic Quay, 45
Robertson Street, 4th Floor, Glasgow, G2 8JB, or use the feedback
forms available at the public information days.
EATL staff took note of all issues raised at the PIDs and
attendees provided feedback via electronic touch screens,
a paper feedback form, the website, or by using the
Freepost address to write in.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 56
7 SECTION 48 PUBLICITY NOTICES
7.1 Summary
179. The proposed application for East Anglia THREE was published in accordance with
Section 48 of the Act. The Section 48 Notices were published in two stages:
Phase II(a) - The first coincided with the start of Section 47 consultation and
Section 42 consultation on the PEIR; and
Phase III - The second coincided with Phase III Section 47 and Section 42
consultation on construction phasing.
180. During each phase of consultation Section 48 notices were published in local and
national newspapers as described below.
7.2 Publication and Contents of Notices
181. EATL published the proposed application in accordance with Section 48 of the Act
and Regulation 4 of the APFP Regulations on several occasions prior to the DCO
application. On each occasion these notices were combined with advertisements for
PIDs (see Chapter 6 and Appendix 22 for further detail).
182. The first Section 48 notifications (Phase IIa) were combined with information on how
to access the PEIR and when published in local papers and Fishing News with an
advertisement for the PEIR PIDs (See chapter 6 for further information on the PEIR
PIDs). A copy of the notification sent by EATL and evidence of its publication in the
national newspapers is provided in Appendix 24 and their publication in local
newspapers and fishing news in Appendix 22. Dates of the publications are
presented in Table 7.1. The deadline for responses was given as the 8th July 2014.
183. At the same time as notices were being published letters were sent to all APFP
prescribed consultees (as described in section 11.5 and recorded in Appendix 29) and
all consultees who had registered for projects updates on the project website were
provided with the same information as that on the Section 48 Notice. An example of
this email is provided in Appendix 13.
184. The second Section 48 notifications (Phase III) were placed to:
Advertise the proposed application for the DCO;
Present an outline of the project;
Outline the reports to be produced as part of Phase III of consultation; and
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 57
Name the libraries at which consultation material could be accessed during
the consultation period (19th June to 23rd July 2015).
185. A copy of the second Section 48 notification issued by EATL and evidence of its
publication is in the national, local newspapers and in Fishing News is provided in
Appendix 58 and Appendix 15 respectively. Dates of the publications are presented
in Table 7.1. The deadline for responses was given as 23rd July 2015.
186. In accordance with Regulation 11 of the EIA Regulations, the Section 48 notice was
sent to the Section 42 consultees on 12th June 2015 along with letters presented in
Appendices 30 to 33.
Table 7.1 Newspaper adverts for the PIDs
Newspaper Distribution Dates of Second
Notice (2014)
Dates for the third
notice (2015)
The Times National 27th
May 18th
June
London Gazette National 27th
May 18th
June
Fishing News Coverage: England,
Scotland,
Wales, Northern Ireland,
parts of
Scandinavia
30th
May 12th
and 19th
June
East Anglian Daily
Times
Daily paper in Suffolk,
covering
West, North and East
Suffolk and
Essex
27th
May and 3rd
June 11th
and 18th
June
Eastern Daily
Press
Norfolk, northern parts of
Suffolk,
Eastern Cambridgeshire
27th
May and 3rd
June 11th
and 18th
June
Ipswich Star Evening paper in Ipswich 27th
May and 3rd
June 11th
and 18th
June
Lloyds List National 27th
May 18th
June
7.3 Compliance Statement
187. EATL complied with the relevant legislation as follows:
EATL prepared and published Section 48 Notices for Phase IIa and III of
consultation in the manner prescribed under the APFP Regulations (Section
48(1))
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 58
The deadline for responses was included in the Section 48 Notices as 8th July
2014 and 23rd July 2015 (allowing a minimum of 28 days in each case)
(Section 48(2)).
The Applicant published the Section 48 Notices as required by Regulation 4(2)
of the APFP Regulations.
The Section 48 Notices included all of the elements listed under Regulation
4(3) of the APFP Regulations.
At the same time as publishing the Section 48 Notices , EATL sent a copy of
that notice to the consultation bodies and to any person notified to the EATL
in accordance with Regulation 9(1)(c) (Regulation 11 of the EIA Regulations).
188. The requirements under the Act are for the Applicant to have regard to the
responses in developing the proposed application (Section 49). No responses were
received specifically in relation to the Section 48 Notice but where it has been
identified through Feedback form analysis that respondents have heard about the
consultation from newspapers (which could have included the Section 48 Notices),
this has been acknowledged in the relevant section.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 59
8 CONSULTATION UNDER THE EIA REGULATIONS
8.1 Summary
189. EATL undertook scoping in 2012. This included a detailed scoping report that was
submitted to the Planning Inspectorate with a request for a scoping opinion
(document 6.6 of this application). Following consultation with the relevant bodies,
the Planning Inspectorate provided a formal scoping opinion in late 2012.
190. Transboundary consultation for the project was conducted in accordance with
Planning Inspectorate Advice Note 12. Key transboundary issues were agreed
through the provision of a screening note from EATL to the Planning Inspectorate,
and the issue of a screening matrix by the Planning Inspectorate to the relevant EEA
States.
191. Organisations (defined by the EIA Regulations as those prescribed under section
42(a) of the Act and set out in Schedule 1 of the APFP Regulations) and each local
authority that is within Section 43) were consulted by the Planning Inspectorate on
both the onshore and offshore works for the proposed East Anglia THREE project.
192. The comments received and issues raised by the statutory consultees and
transboundary consultees were all considered by EATL in refining its proposal for the
East Anglia THREE project. All matters raised were addressed throughout the
Section 42 consultation (Chapter 11) and the feedback was used to inform the PEIR
and ES.
8.2 The Scoping Report 2012
193. In accordance with Regulation 8 of EIA Regulations, a scoping request was made to
the Planning Inspectorate in November 2012 which was supported by the East Anglia
THREE Offshore Windfarm EIA Scoping Report (document 6.5 of this application).
This included detailed information on the approach to EIA for the offshore windfarm,
an indicative project description for all offshore and onshore works and a summary
of potential impacts which were going to be assessed.
194. The Planning Inspectorate issued its formal Scoping Opinion in December 2012
(document 6.6 of this application). All responses made by the consultation bodies
formally consulted during the scoping exercise are documented in this report which
is also publically available on the Planning Inspectorate website1. A list showing the
1 http://infrastructure.planningportal.gov.uk/projects/eastern/east-anglia-three-offshore-wind-
farm/?ipcsection=folder
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 60
consultees responding within the statutory period and their responses is presented
in Appendix 2 of the Report (document 6.6).
8.3 Screening Note: Consideration of Transboundary Impacts
195. In January 2013, the Planning Inspectorate issued a Transboundary Impacts
Screening Matrix based on the relevant considerations specified in Advice Note 12.
196. The Planning Inspectorate also published a notification in the London Gazette
inviting stakeholders from Belgium, Denmark, France, Germany, Norway and The
Netherlands to notify the Planning Inspectorate by 6th March 2013 if they wished to
be consulted on the proposed development.
8.4 The Planning Inspectorate‘s Advice Based upon Consultation on the Scoping
Reports, Supplementary and Transboundary Information
197. In its scoping opinion (document 6.6), the Planning Inspectorate stated it was
satisfied that the topics identified in the scoping report encompass those matters
identified in Schedule 4, Part 1, paragraph 19 of the EIA Regulations. The main
potential issues identified by the Planning Inspectorate in its scoping opinion were as
follows:
Offshore:
o Benthic ecology;
o Marine Mammals;
o Ornithology;
o Commercial Fisheries;
o Aviation, in particular UK and Dutch main routes;
o Marine archaeology and cultural heritage.
Onshore:
o Ecology;
o Archaeology and cultural heritage;
o Traffic and transport;
o Socio-economic impacts, in particular disruption on the beach at the landfall
site for the export cables.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 61
Wider scheme
o Seascape, landscape and visual amenity.
198. All matters raised by the Planning Inspectorate and other consultees were addressed
throughout the period prior to Section 42 consultation and the feedback was used to
inform the PEIR and ES.
199. Details of additional consultation carried out prior to the formal Section 42
consultation period, including the dates and summaries of the activities and
individual meetings and responses, can be found in Table 6.3 and Appendices 7 and
19 and Chapter 9 of this report.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 62
9 NON-STATUTORY TECHNICAL CONSULTATION
9.1 Summary
200. Throughout the development of the project from early 2012 EATL has been
conducting Non statutory (or informal) consultation with local authorities, nature
conservation agencies and landowners potentially affected by the project. This
informal consultation has had a significant effect on the design and development of
the proposed East Anglia THREE project.
9.2 Introduction
201. Detailed below is the consultation which EATL has undertaken outside of that which
was conducted under Section 42. The nature of the consultation described in this
chapter was less formal and less prescriptive than the section 42 consultation which
is detailed in Chapter 11. However, it may be helpful to refer to Chapter 11 whilst
reading this chapter as all of the consultees referenced in this chapter were also
consulted under the statutory Section 42 consultation described in Chapter 11 and
consultation initiated with the Section 42 period often led to further consultation
out with the Section 42 process.
202. The consultation described in this Chapter is categorised by consultee or groups of
consultees and divided into onshore and offshore consultees.
9.3 Onshore
203. A chronological order is observed under each consultee sub heading and therefore
the chapter overall does not follow a chronological order.
9.3.1 Local Authorities' Meetings
204. Throughout the EIA process EATL has organised and attended monthly meetings
with the local authorities; attendees to these meetings included councillors from
Suffolk County Council and Mid Suffolk District Council.
9.3.1.1 Local Authority Steering group
205. EAOW formed a steering group with the Local Planning Authorities in 2012 in order
to keep them up to date with how projects within the East Anglia Zone were
progressing and identify any concerns that the Local Planning Authorities had with
any the proposed projects.
206. Representatives from EAOW and EATL attended these meetings which were held
approximately once a month depending on the how rapidly the project was
developing, discussions during these meetings included:
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 63
Updates on technical elements of the proposed East Anglia THREE project;
The draft SoCC and recommendations;
Surveys requirements and scope
Locations of PIDs to maximise effectiveness;
Material for display at the PIDs;
The approach to consent for the East Anglia THREE project; and
Key environmental issues arising through the EIA
207. When required, meetings were dedicated to specific topics such as traffic (meeting
held on 18th June 2015) and Public rights of way (16th July 2015). The fact that these
meetings were dedicated to certain topic meant that the local Planning Authorities
could ensure that the relevant persons attended. On the 4th September 2015 a day
long meeting was held with the Local Planning Authorities to review the relevant
chapters of the ES and review other DCO documents including the:
Outline Landscape and Environmental Management Strategy; and the
Outline Code of Construction Practice. Statement of Common Ground
(SoCG).
9.3.2 Consultation with the Environmental Health officers
208. During July and August 2015 EATL and their specialists consulted with the
Environmental Health Officers (EHOs) from Suffolk County Council, Ipswich Borough
Council and Mid Suffolk and Babergh District Council on the Noise and Air quality
assessments.
209. The consultation with an EHO at Ipswich Borough Council, providing advice on behalf
of Suffolk County Council, was conducted by email correspondence and was
primarily regarding the approach to assessment and in particular the Air Quality
Management Areas (AQMAs). The EHO requested further detail on the assessment
methodology and which AQMAs would be impacted. EATL provided a detailed
explanation of the methodologies used along with maps clearly showing which
AQMAs would be impacted. On receipt of this information the EHO confirmed that
she was happy with the assessment providing certain guidance was followed and
that the traffic data should be agreed with Suffolk County Council highways
[department] prior to modelling.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 64
210. Consultation with an EHO at Mid Suffolk and Babergh District Council which centred
on discussions about the onshore noise impact assessment and proposed mitigation
measures. These issues were the focus of a meeting held on 7th August 2015.
Following the meeting the EHO from Mid Suffolk and Babergh District Council
confirmed that he agreed with the methodology used in the assessment and the
mitigation measures that were being proposed to reduce impacts of operational
noise at the onshore substation (see East Anglia THREE Environmental Statement,
Volume 1, Chapter 21 Noise and Vibration for further detail). Through further
consultation by email in September 2015 the exact wording of conditions to be
included within the draft DCO were agreed.
211. Further consultation was held through email with a second EHO at Mid Suffolk and
Babergh District Councils on the subject of ground conditions. The conclusion of
which was that the EHO agreed that the approach proposed (Within East Anglia
THREE Environmental Statement, Volume 1, Chapter 19 Soils, geology and ground
conditions) with respect to land contamination is appropriate given the risks along
the route and that the mitigation measures proposed were appropriate.
9.3.3 Consultation with Historic England
212. EATL provided the Offshore Archaeology and Cultural Heritage and Onshore
Archaeology and Cultural Heritage ES chapters to Historic England for review in
August 2015, and the Onshore and Offshore Written Schemes of Investigation in
September 2015. Responses to these documents were provided by Historic England
by email on 8th October 2015 and 15th October 2015.
9.3.4 Consultation with Highways England
213. EATL initially consulted with Highways England via a letter sent on the 16th
September 2015. The letter requested whether Highways England would be able to
consent to the wording in the Crown Rights Article in accordance with Section 135 of
the Planning Act 2008 (as amended). An email exchange between EATL and
Highway England between 16th September 2015 and 17th September 2015 provided
clarification on which section of the Highways act is relevant to the Crown Rights
Article and therefore temporary diversion of public rights of way and provided
information regarding the strategic road network ownership.
9.3.5 Consultation with Suffolk Wildlife Trust
214. On the 18th September 2015 EATL held a meeting with Suffolk Wildlife Trust, during
this meeting EATL provided an update on how the project was evolving post Phase
IIa Section 42 consultation and provided a forum for Suffolk Wildlife Trust to ask
questions about the data collected and the possible impacts.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 65
9.3.6 Site Visit to the Deben Estuary
215. On 19th June 2014 EATL organised a site visit to the Deben Estuary to which the
following were invited:
Natural Environment Manager, Suffolk County Council;
Planning Projects Manager, Suffolk County Council;
Senior Ornithologist, Natural England;
Senior Environmental specialist, Marine Ornithology, Natural England;
RSPB;
Marine Lead Advisor, Natural England (did not attend); and
Senior Ecologist at Suffolk County Council (did not attend).
216. The event was designed to provide more information to consultees on the
engineering techniques which are being proposed for use during construction in
around the Deben estuary and to explain what impacts this may have on receptors
at the site.
217. The day started with a presentation on HDD techniques which was delivered at the
Suffolk County Council offices in Ipswich. This was followed by a site visit which
involved the consultees being transported to the Ramsholt Arms, which had been
identified as a suitable viewing point for the Bawdsey and Ramsholt Marshes.
218. General feedback provided on the day was that the site visit had been very useful
and had furthered understanding of the project.
9.3.7 Parish Councils
219. Following the PEIR PIDs (Section 6.4.2) informal consultation continued between
some consultees and the EATL team. An example of this was where a councillor for
Martlesham provided information on an intended access route, the EATL survey
team then met with the councillor to inspect the access route and verify the
information provided.
9.3.8 Natural England
220. Throughout the EIA process EATL has organised and attended monthly meetings
with Natural England case officers. These meetings were conducted by
teleconference calls and were used to update Natural England on the EIA and any
project developments. Details of other specific meetings are described below.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 66
221. Following a decision in September 2014 to delay the application date (see section
9.6.1 for details); there was a pause in consultation until the beginning of 2015. On
19th March 2015 East Anglia THREE held a meeting with Natural England to restart
consultation and inform of recent developments with the project, including the
potential that the construction period may need to be carried out in two phases.
During this meeting Natural England was content with the concept of having a
phased construction approach as an option within the project envelope (see section
11.6.2 for an explanation of phasing). It did however raise concerns about the
potential impact to overwintering Brent geese which are known to feed in the
marshes around the Deben estuary. EATL re-affirmed that it would commit to
cessation of all construction activities between the November and February within
that area of the onshore cable corridor, therefore removing the impact on feeding
geese.
222. In April 2015 an email was sent to all the Parish Councils that could be affected by
the project outlining the revised timeframe for the application (see section 11.6 for
further detail) and introducing the concept of phasing a copy of the email is provided
in Appendix 20.
223. During October 2015 EATL consulted with Natural England’s European Protected
Species (EPS) team regarding the submittal of a draft EPS licence for great crested
newts. However, due to the fact that prior to the application submission date (18th
November 2015) there was insufficient information to be able to finalise the EPS
licence, it was agreed that the most appropriate time for consultation on this matter
was post submission.
9.4 Offshore
9.4.1 The MMO
224. Throughout the EIA process EATL has organised and attended monthly meetings
with the MMO case officers. These meetings were conducted by teleconference
calls and were used to update the MMO on the progress of the EIA and any project
developments.
9.4.2 Joint Consultation with the MCA and Trinity House
225. Informal consultation between EATL the MCA and Trinity House started as early as
November 2012 during monthly calls to discuss projects in the East Anglia Zone. The
consultation specific to East Anglia THREE took the form of an agenda where issues
such as: the results of traffic surveys; agreement on the approach to forthcoming
changes in the Dutch routing measures and the MCAs and Trinity House’s response
to the scoping report.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 67
9.4.3 MCA
226. The East Anglia THREE Scoping Opinion (Document 6.6) stated that impacts to
offshore telecommunications and interference with marine radar could be scoped
out of the EIA on the condition that there were no objections from operators and
service providers. In response to this EATL sent a letter dated 15th September 2013
to the MCA providing justification for the scoping out of marine telecommunications
and interference and requesting agreement from the MCA on this issue. On 17th
October 2013 the MCA sent an email in reply to this letter stating that:
“Your analysis of the argument is accepted and on those grounds MCA are happy for
telecommunications and interference to be scoped out of the EIS assessment.
However as radar interference is a real navigational risk, MCA would however require
that radar interference is retained within the detailed Navigation Risk Assessment. “
227. The Navigation Risk Assessment (provided in Appendix 15.1 of the East Anglia THREE
ES) includes assessment of potential interference with Marine Radar. No other
objections to the scoping out of the assessment of marine telecommunications and
interference were received by EATL during any subsequent phases of consultation.
228. A meeting was held with the MCA on 16th July 2015 (Appendix 7) during this meeting
updates and changes to the project design were discussed and how these affected
the Navigational Risk Assessment (NRA). The distance of buffers between the East
Anglia THREE site and shipping routes were also discussed, after which
representatives from the MCA indicated that they needed to consult more widely
within the organisation before agreeing that the proposed buffers were suitable.
Following that meeting on 16th July 2015 an email was sent to the MCA enquiring
whether the MCA where happy with the 1nm buffer between the East Anglia THREE
project and the DWR. On 30th July 2015 MCA replied to confirm that they were
satisfied with this 1mn buffer.
9.4.4 Royal Yachting Association (RYA)
229. On 3rd August 2015 EATL held a meeting with the RYA to explain what the changes to
the project meant for the NRA. Also during this meeting it was confirmed by EATL
that there is no intention for operational safety zones within the East Anglia THREE
site and that safety zones will only be required during construction and
maintenance. It was also confirmed that marking will be to MCA and Trinity House
requirements and that it will be clear to a vessel if it is at the East Anglia ONE or East
Anglia THREE site.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 68
9.4.5 Trinity House Lighthouse Service
230. On the 21st of July 2015 EATL held a meeting with Trinity House. During this meeting
relevant changes to the project were discussed and it was explained to Trinity House
Lighthouse Services how these changes affected the NRA. Also during the meeting
Trinity House confirmed that 2nm is the preferred buffer for the Deep Water Route,
on the west side of East Anglia THREE site, but in principal they had no issue with the
1nm buffer that is being proposed.
9.4.6 Vessel Operators
231. To support the Shipping and Navigation EIA and NRA, Automatic Identification
System (AIS) and radar surveys were completed which identified and monitored
vessel movement within the proposed East Anglia THREE site and a potential project
area to the north of East Anglia THREE. The four surveys were completed in the
following periods:
27th August to 6th September 2012;
12th April to 21st May 2013;
24th July to 3rd August 2013; and
23rd January to 2nd February 2014
232. All vessels which crossed through the East Anglia THREE site or to the north of the
site one or more times during the four surveys were sent a letter informing them of
the project. An example of this letter and the mailing list is provided in Appendix 34.
233. As part of a joint consultation with EAOL and EATL a meeting was held with CLdN
(formerly Cobelfret) a privately owned, Luxembourg based shipping company
operating ferries and bulk carriers on 1st January 2014. Euroship and UBEM both of
which are vessel management companies and are subsidiaries of CLdN attended this
meeting. During this meeting it was shown that the proposed East Anglia THREE
project would not interfere with the identified routes that CLdN or its subsidiaries
use.
9.4.7 Ministry of Defence
234. In addition to consultation during statutory periods, ongoing consultation has been
undertaken with MoD between the 20th September 2013 and 13th October 2015, this
included meetings held on the 6th November 2014 and on 20th August 2014
(Appendix 7), during which the parameters and methodologies used for modelling
impacts to radar were agreed. Further discussions, which were conducted by email,
included clarifications on how to model the affects, MoD informal modelling showing
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 69
extent of Line of Sight for a series of wind turbine tip heights, and possible use of
Non Automatic Initiation Zone (NAIZ) as mitigation. Email correspondence during
August 2015 was used to inform the MoD of project updates and agree results of
modelling.
9.4.8 The Royal Society for the Protection of Birds (RSPB)
235. The RSPB was involved in the Evidence Plan process and therefore their involvement
is captured in section 10.2 below.
9.4.9 Whale and Dolphin Conservation - WDC
236. On 7th July 2014 there was an opportunity to meet with the Whale and Dolphin
Conservation Society (WDC) as a meeting had already been scheduled between
Scottish Power Renewables and the WDC to discuss a separate project.
237. The WDC welcomed the opportunity to meet with representatives of the EATL team
and overall, WDC was satisfied with the assessment methodology and comfortable
that the site contained relatively low densities of marine mammals however, their
overarching concerns were cumulative effects of noise from piling and, corkscrew
injuries.
238. The WDC asked about the role of non-statutory bodies in the development of the
Marine Mammals Mitigation Plan (MMMP). EATL advised the requirement for such
a plan is often a condition of an offshore windfarm consent, however, on previous
projects consultation on this document only included statutory bodies such as
Natural England. A draft MMMP is being submitted as part of this DCO application
and is Document 8.15 and will therefore be available for comment by any interested
party.
239. EATL consulted again with WDS in August 2015 with an offer of a meeting to discuss
updates to the assessment and the final submission. However, a suitable date for a
meeting was not agreed prior to the application being made.
9.4.10 Environment Agency
240. In September 2015 EATL contacted the Environment Agency by email update them
on project developments and to provide a reminder of the application submission
date and subsequent potential examination timescales for Section 56 responses.
9.4.11 Navigational Risk Assessment
241. In order to complete the NRA consultation with all relevant users of the East Anglia
THREE site was undertaken. A hazard workshop was hosted by EATL and ANATEC
Ltd. (EATLs appointed shipping and navigation consultants) on 3rd February 2014 to
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 70
identify the navigational hazards associated with the development. This workshop
was attended by the maritime stakeholders including:
Rederscentrale (Belgian Fisheries)
Brown & May Marine Ltd.;
Cruising Association;
DFDS Ferries;
P&O Ferries;
Hanson Marine Aggregates;
VisNed (Netherlands Fisheries); and
RNLI.
The following organisations were invited, however did not attend the workshop:
Royal Yachting Association (RYA);
Chamber of Shipping;
CLdN Ro-Ro UK Ltd. (Cobelfret);
Teekay Shipping (UK) Ltd.;
Europilots;
UK Pilots Association;
Maritime Coastguard Agency;
Trinity House Lighthouse Services;
Department for Transport; and
Bristow Group
242. The outcome of the meeting was the production of a Hazard Risk log which was
circulated to all relevant stakeholders following the meeting and was then circulated
again on the 6th August 2015 following changes to the design of the proposed East
Anglia THREE project in the 2015 (see section 9.6) and its re-evaluation.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 71
243. Further information on the NRA can be found in the East Anglia THREE
Environmental Statement Volume 3, Appendix 15.1 and details of the consultation
undertaken for the NRA can be found in Section 6 of that Appendix. Once the NRA
had been completed meetings were held with the following consultees to seek
approval of the NRA:
The MCA on 27th June 2014
The RYA on 27th June 2014
The Chamber of Shipping on 2nd July 2014; and
Trinity House Lighthouse Services on 2nd July 2014.
9.4.12 Operators of Other Infrastructure
244. Consultation outside of the formal Phase I, IIa and III Section 42 Consultation was
also undertaken with current and future operators of infrastructure that is / could in
future be located within or close to the East Anglia THREE site and offshore cable
corridor. This included cable operators, dredging companies (see section 9.3.4
above), other offshore windfarm operators and oil and gas infrastructure operators.
245. EATL hosted a meeting with ENI UK Ltd. (ENI) an oil and gas exploration company
who hold the licences for licence blocks that overlap with parts of the proposed East
Anglia THREE project on the 23rd July 2015. The meeting was used to discuss both
parties’ aspirations in the area. ENI confirmed that they are considering a number of
locations for drilling prospective wells some of which would be located within the
East Anglia THREE site; however, their current priority is the drilling of prospective
wells that would be located outside of the East Anglia THREE site.
9.5 Non Statutory Consultation with Directly Affected Landowners
246. As the East Anglia THREE onshore cable route follows the same cable route as the
consented East Anglia ONE project, consultation with landowners who may be
affected by the project has been ongoing since 2011 (information on the formal
consultation under section 42, and therefore Section 44, with Landowners is
provided in section 11.3.3 of this report).
247. Land agreements sought on behalf of the East Anglia ONE project incorporate rights
for the East Anglia THREE works, so the majority of landowners affected were
contacted extensively throughout that process. However as the East Anglia THREE
cable route includes a number of accesses not utilised by East Anglia ONE additional
landowner searched were conducted.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 72
248. Following a review of landowner information, three additional landowners were
identified as being affected by East Anglia THREE that had not been affected by East
Anglia ONE. Landowners were initially identified using information gained through
the East Anglia ONE process. This was then checked against updated Land Registry
searches, and through discussion with land agents appointed by landowners to
coordinate negotiated agreements with the projects. New landowners were
contacted directly by the East Anglia THREE project.
249. Letters were sent to all landowners affected by East Anglia THREE (both those who
are affected by additional accesses and those who are not) on 6th October 2015 and
8th October 2015.
250. On 23 October 2015, EAOW issued a non-statutory request for information (RFIs)
under cover of a letter sent to all landowners identified as directly affected by the
preferred onshore cable corridor. The request for information asked for details of
the person(s) or organisations having an interest in land or property within the
preferred onshore cable corridor, the nature of their tenure in the property, details
of the current occupier, any private rights benefiting and affecting the property, any
restrictive covenant(s), and whether the plans (by reference to relevant extracts of
the Book of Reference) showing the person‘s land were correct. The RFIs were
accompanied by information setting out EAOW's current understanding of the
recipients' land, including details of other interests, current mortgages. Parties were
asked to provide details of any current managing agents. A copy of the RFI was sent
to landowners solicitors (where known) on 25th October 2015.
251. A summary of the consultation with landowners is provided in Appendix 35.
9.6 Changes in Programme
9.6.1 Delay in Application Submission from 2014 to 2015
252. Due to uncertainties with the Contracts for Difference (CfD) the date for submission
of the proposed East Anglia THREE project application was delayed from November
2014 to November 2015. The decision to delay was made in September 2014,
however at this time a new submission date had not been defined. As soon as the
decision was made to delay the application date, all consultees who had responded
to the Section 42 Phase IIa (see section 11.5) or Phase IIb (Section 11.6) consultation
were sent letters informing them of the delay. An example of these letters are
displayed in Appendix 36 and an email was sent form the project email address
informing anyone who had registered (including those who registered in Phase I) on
the website of the delay in application timescales.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 73
253. In January 2015 the decision was made to submit the application in November 2015.
During the Phase III consultations (Section 11.7) consultees were made aware of the
revised intended application date.
9.6.1.1 Implications of the Change
254. With the change in application date, EATL considered it necessary to seek advice on
the validity of data collected thus far on the project, given the extended time
frames.
255. A letter was sent to the MCA on 4th March 2015 stating that EATL recognised that a
survey of vessel traffic within the East Anglia THREE site (and a site to the north of
the East Anglia THREE site) completed in May 2013 would, under guidance note
MGN371 (MCA 2008) be considered out of date in November 2015. The letter
requested advice from the MCA as to whether further survey would be required.
The MCA replied with a letter dated 19th March 2015 which confirmed that they
were content that further vessel surveys were not required for a DCO application if
submitted in November 2015.
256. Following the decision in September 2014 to delay the application there was an
opportunity to reflect on the way that consultation was being carried out and make
improvements to the process. EAOW held a meeting with Natural England on 28th
January 2015 to discuss the progress of East Anglia ONE and also outline how
consultation will proceed with the proposed East Anglia THREE project form that
point forward.
257. In May 2015 EATL wished to seek confirmation from Natural England that, despite
the delay in submission of the application, the onshore ecological survey data on
which the assessment is based was still valid. EATL received an email on 21st May
2015 confirming that in Natural England’s opinion all survey data would be relevant
for a November 2015 submission.
9.7 Environmental Statement Chapter Reviews
258. In July 2015 the MMO, Natural England and Suffolk County Council were all provided
with relevant chapters of the Environmental Statement for review. The aim of this
review was to provide the statutory consultees a final chance to comment on the
assessments and raise any concerns about the methods used and the conclusions
drawn. The following chapters were provided:
Suffolk County Council
o Chapter 23 Terrestrial Ecology;
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o Chapter 22 Land use;
o Chapter 27 Traffic and Transport;
o Chapter 28 Socio-economics, Tourism and Recreation; and
o Chapter 20 Air quality.
Natural England
o Chapter 7 Marine Geography Oceanography and Physical Processes;
o Chapter 12 Marine Mammals ;
o Chapter 24 Onshore Ornithology;
o Chapter 23 Terrestrial Ecology; and
o Chapter 13 Offshore Ornithology.
MMO (and CEFAS)
o Chapter 7 Marine Geography Oceanography and Physical Processes;
o Chapter 12 Marine Mammals;
o Chapter 10 Benthic Ecology; and
o Chapter 13 Offshore Ornithology.
259. Through consultation with the MMO it was decided that there was not sufficient
time for CEFAS to review chapters and provide detailed comments prior to the
application date and therefore they were provided for Cefas’s information rather
than as a review.
260. The reviews provided comments which EATL did not consider required substantial
changes to the relevant chapters. Each chapter listed above addressed the
comments in detail within that chapter (see the consultation table in each chapter)
and provided below are summary of the key general points raised:
Further referencing was required between chapters and other documents
which form the DCO application;
Greater detail should be provided on the assumptions behind many the
calculations which had been made;
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 75
In some cases greater justification was required for the outcome of the
assessments; and
The most up to date guidance and source information should be used and
referenced.
261. EATL held a meeting (See Appendix 7) on the 3rd September with relevant experts
from Suffolk County Council to discuss all the Environmental Statement chapters
that had been provided to them. The outcome of this meeting was an outline of the
SoCG between EATL and Suffolk County Council.
9.8 Consultation of the DCO and other Certified Documents
9.8.1 DCO and DMLs
262. Starting on the 7th of August 2015 the following organisations were sent the draft
DCO and Explanatory Memorandum so that they could become familiar with the
provisions made within that document:
National Grid;
The MMO
Anglian Water;
Network Rail;
British Telecom;
Easynet;
BSKYB (Sky);
Virgin Media;
Atkins Global - Vodafone; Energis;
Thus;
ESP Utilities Group Limited;
Centrica;
Wireless Infrastructure;
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 76
Highways England; and
Suffolk County Council
263. Suffolk County Council responded to the draft DCO on 12th October 2015, with a
comprehensive review of the DCO which included comments on the wording
particularly in regard to how hedges, street works and reinstatement are treated
within the conditions.
264. EATL then contacted all statutory undertakers between the 28th September and 18th
October to ask them if they were satisfied with the Protective Provisions section of
the DCO. It was recognised, by EATL that, it was unlikely that any of the above
organisations would respond prior to the application being submitted however
Anglian Water did respond to EATL indicating that they were satisfied with the DCO
and thought the provision made were adequate.
265. In addition to being sent the DCO, the MMO and Trinity house were also sent draft
copies of the DMLs on 27th September 2015.
266. On the 25th September Trinity House responded to say that Trinity House had been
correctly defined in the DCO and DMLs and that the DMLs provided for conditions
which “closely resemble the standard navigation conditions (agreed between Trinity
House, MCA, MMO and UKHO)”.
267. On the 16th October 2015 the MMO responded with comments on the DCO, these
included a suggestion that a “requirement for a ‘co-operation statement’” should be
included, a requirement for all relevant reports to be agreed with the MMO and
clarification on the assumptions behind the calculations for disposal of material
should be provided.
9.8.2 Certified Documents
268. The MMO were provided with the following draft documents in September and
October 2015:
The Outline Landscape and Ecological Management Strategy (OLEMS);
Outline Offshore Operations and maintenance plan (OOOMP); and
In Principle Monitoring Plan (IPMP)
269. The MMO responded to these documents on the 16th October 2015. Comments on
the IPMP and OOOMP are provided in Table 9.1.
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270. Natural England were provided with the drafts of the following documents in
September and October 2015:
The OLEMS;
IPMP; and
The Marine Mammals Management Plan (MMMP)
271. Natural England provided comments on the MMMP on 9th October 2015, the IPMP
on 13th October 2015 and the OLEMs on the 28th October 2015; responses are
summarised in Table 9.1
272. Suffolk County Council, Mid Suffolk and Babergh District Councils and Suffolk Coastal
District Council were provided with the following during September and Early
October 2015:
The Outline Code of Construction Practise (OCoCP) Report;
The OLEMS;
The Draft Design and Access Statement (DAS);
The Outline Onshore Written Scheme of Investigation (Outline Onshore WSI);
The Outline Travel Plan;
The Outline Traffic Management Plan (OTMP); and
The Outline Access Management Plan (OTMP).
273. Suffolk County Council provided comments on all of these documents and the
responses are summaries in Table 9.1 below.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 78
Table 9.1 Summary of the Stakeholders Key Comments on Certified Documents. It should be noted that these are summaries of comments rather than the full comments.
Stakeholder Document reviewed Comments EATL Response
Natural England
MMMP Natural England advised that two Marine Mammal
Observers (MMO) (rather than the one suggested)
and that the Passive Acoustic monitoring (PAM)
should from part of the mitigation.
Para 18 updated to state:
Monitoring of marine mammals would involve the
deployment of at least one marine mammal observer
(MMO) one hour after sunrise until one hour before
sunset. A single passive acoustic monitoring (PAM)
device will be deployed when necessary to ensure 24/7
working is possible. The use of acoustic deterrent
devices (ADD) will be reviewed in consultation with the
Marine Management Organisation and Natural England
prior to agreement of the final MMMP.
IPMP With regard to Marine Mammals and Marine and
Coastal Ornithology, Natural England would
welcome further discussions to better understand
the rationale for the proposed monitoring
methodologies for the sensitive receptors and the
most effective ways to answer the questions posed
by the EIA
EATL welcome further discussion on the IPMP with
Natural England.
EATL have provided further rational for their stated
position with regards Ornithological monitoring within
the IPMP.
EATL recognise Natural England’s advice with regard
Marine Mammal monitoring and have updated the
IPMP to make reference to appropriate surveys such as
those included within the Disturbance Effects on
Harbour Porpoise of the North Sea (DEPONS) project or
site based monitoring. It is the EATL preferred position
to retain the suggested specific site based alternative.
OLEMS Detail should be included as to what further action
will be undertaken if the pre-construction survey
identifies any notable species.
Further detail has been added to the final pre
application draft
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 79
Stakeholder Document reviewed Comments EATL Response
Should identify who would need to be satisfied with
the works rather than stating the ‘EcoW and/or
ACoW’ and ‘Natural England/Suffolk county Council
and/or Mid Suffolk or Suffolk Coastal District’.
This has been clarified in the final pre application draft
MCA IPMP Content with the traffic monitoring proposal. No action required.
MMO (with advice
from Cefas)
Site characterisation
Report
MMO had one comment which was that further
detail should be included regarding the likelihood
that sediment would be dredged from and area
which was known to have elevated levels of Arsenic
Further information was added to the report to clarify
that due to the lack of steep sided sandwaves in that
location dredging was unlikely. However if dredging
was required EATL would commit to further sampling to
ascertain the extent of the area containing elevated
levels of Arsenic.
IPMP The monitoring proposal should add that future
surveys may be required if the results of the post-
construction survey highlights any impacts.
Agreed and Table 3 updated
The monitoring proposal states that measured data
will be compared with predictions but is not clear on
what information will be collected, i.e. monitoring of
the noise produced during installation of the first
four foundations.
Updated and clarified in Table 5 that monitoring would
look to compare the measured data, from the first four
foundations, with predictions for received levels, source
levels that were made in the original ES.
Due to limited timescales the MMO has not been
able to consult with the Centre for Environment,
Fisheries and Aquaculture Science (Cefas) on this
document but will do so during section 56
consultation. MMO advises that the applicant also
seeks Natural England advice on the proposals
detailed in the IPMP.
Natural England were also consulted on with regard to
this document
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 80
Stakeholder Document reviewed Comments EATL Response
OOOMP It should be made clear which vessels will be used
for which activities
Text clarified throughout document
Further information is required as to what extent
‘minor fault finding and repairs’ have been assessed
in the environmental statement.
Clarification provided in document (para 5 2nd
bullet
point)
which activities and clarification is required on what
constitutes the ‘initial operation period’
Text updated to clarify just the operation period
Suffolk County Council,
Mid Suffolk and
Babergh District
Council and Suffolk
Coastal District Council
OCoCP Had no comments at this stage No action required
OLEMS Include plan / drawing to show landscape planting and mounding.
Document updated to include this.
Lighting design at substation should be secured by
specific DCO requirement
The DCO contains a condition that no “works may
commence until written details of any external lighting
to be installed […], including measures to prevent light
spillage, have, after consultation with the highway
authority, been submitted to and approved by the
relevant planning authority.
Ensure consistency with ES Chapter 29 Seascape,
Landscape and Visual Amenity
Noted
Consider effects of chalara around the substation
separately.
Noted and document updated to reflect this.
Consider inter/intra project effects between phases
and East Anglia ONE
Noted and ES Chapters 23 Terrestrial Ecology and 29
Seascape, Landscape and Visual Amenity include
appendices to consider these elements.
Design and Access Reference to particular building typology unhelpful Text updated to remove this reference.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 81
Stakeholder Document reviewed Comments EATL Response
Statement (DAS)
East Anglia ONE design review to be taken into
account
Noted.
Ensure consistency with ES Chapter 29 Seascape,
Landscape and Visual Amenity
Noted
Provide fuller description of elements within
onshore design envelope
Document updated to reflect this.
Include graphics within the document Document updated to reflect this.
Outline Onshore WSI Had no comments at this stage No action required
Outline Travel Plan Discussions with SCC regarding measures to monitor
and control car-share numbers and preventing ad-
hoc parking on the highway.
Detail of measures contained within the OTP.
Outline Traffic
Management Plan (OTMP)
Wording requested to clarify that HGVs will be
prohibited from travelling through Coddenham.
Additional detail contained in the OTMP.
Further detail requested regarding highway
condition survey methodology.
Further details requested regarding measures for
managing HGV deliveries during major incidents.
Details requested of the peak HGV demand that
would be managed by pilot vehicle.
Additional detail included within Table 2 of the OTMP.
Swept path analysis to accesses AF and AD required
to check the existing highway geometry is suitable.
Swept path analysis provided in Appendix 4 of the
OTMP, demonstrates no issues with the existing
highway geometry.
Amendments to Table 2 requested, to include Table 2 of the OTMP amended to include additional
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 82
Stakeholder Document reviewed Comments EATL Response
number of days over which the impacts would occur
and details of existing traffic flows.
detail.
Amendments to mitigation measures for vehicles
travelling to accesses AJ and AK to accommodate a
point of conflict.
Details requested of how HGVs will be managed
along a section of the B1079 East of Grundisburgh
where the road narrows.
A review requested of the rationale for utilising
Lower Road to access, access AD rather than using
Henley Road.
Initial screening of sensitive receptors identified that
Henley Road serves pedestrian routes to schools
/leisure centres and is a densely populated residential
area with on-street-parking in places. It was therefore
considered that the route was unsuitable for HGV
construction traffic.
Outline Access
Management Plan
(OAMP)
A review of the access strategy to ensure the
visibility splays are compliant with the existing or
proposed design speed contained withinTD9/93.
Table 4 and Appendix 3 of the OAMP contain additional
detail.
A review of the access strategy to ensure that
visibility splays relying upon a reduced speed limit to
achieve a compliant design are self-enforcing.
Amendments to the road safety audit wording
requested.
OAMP text updated for submission.
Amendments to typical access details requested. Amended detail contained within Appendix 2 of the
OAMP.
Historic England Outline Onshore WSI Reconsider classification of potential impacts in
area.
Noted and text updated accordingly.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 83
Stakeholder Document reviewed Comments EATL Response
Consider geoarchaeological survey methods within
the WSI
Noted and text updated accordingly.
HE see reassurance from EATL that an
archaeological contractor is appointed in sufficient
time to allow suitable level of engagement with HE
and SCC
Noted and Section 1.16 updated to state that this is
necessary
Outline Offshore WSI Include section outlining the main roles and
responsibilities in relation to the historic
environment.
Section 7.2 of the Outline Offshore WSI updated to
reflect this.
Include brief section outlining project parameters
and requirement for seabed preparation, including
proposed methods.
Section 3.1 of the Outline Offshore WSI updated to
reflect this.
Ensure consistency with ES Chapter 187 Offshore
Archaeology and Cultural Heritage.
Noted
We confirm the required use of ORPAD (Offshore
Renewables Protocol for
Archaeological Discoveries)
Noted
HE seek confirmation on whether archaeological
input will be required for future offshore surveys.
Updated to reflect that this will be the case.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 84
9.8.3 Draft SoCG
274. The MMO were also sent a draft SoCG on the 5th October 2015. This was discussed
on 21st October 2015 and the MMO agreed to provide comments in due course.
275. Suffolk County Council were sent a template for a SoCG on 24th September 2015. A
response was received on the 29th September suggesting a slightly different layout.
This was implemented in subsequent versions of the document.
9.9 Conclusion
276. To take account of fundamental environmental issues and constraints to the project,
EATL undertook significant non-statutory informal consultation with a number of
statutory and non-statutory technical consultees. Non statutory consultation has
had a significant effect on the design and development of the proposed East Anglia
THREE project.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 85
10 STATUTORY NATURE CONSERVATION BODY (SNCB) INFORMAL CONSULTATION
10.1 Summary
277. EATL has conducted much of the consultation with SNCBs through the Evidence Plan
process. This novel process has bought together relevant consultees using topic
focussed groups. This approach has allowed EATL to clearly inform SNCBs about the
impacts that the proposed East Anglia THREE project may have on the environment
and has allowed open a transparent discussion to take place which has in turn
influenced project design to minimise the impacts to the environment.
10.2 Evidence Plan
278. The main mechanism to help agree the ecological information EATL needs to supply
to the Planning Inspectorate as part of its DCO application and to help to ensure
compliance with the EIA and HRA was through the Evidence Plan. The Evidence plan
was introduced by the Major Infrastructure and Environment Unit (MIEU) which held
overall responsibility for the plan.
279. The Evidence Plan is a framework within which statutory consultees and EATL ensure
that the EIA and HRA process is completed in a way that is satisfactory to all parties
involved. A steering group hosted and chaired by MIEU was made up of Defra,
Natural England2 and the MMO and EATL is responsible for; overseeing progress of
the evidence plan, agreeing resolution of any issues that emerge during the Plan
process, ensuring that progress is maintained and to provide sign-off for decisions of
Expert Topic Groups.
280. Within the plan seven expert topic groups (ETG) were set up as displayed in Diagram
10.1 below. These groups were designed to streamline the process and ensure that
the most relevant people attended the meetings.
2 Note that originally the Joint Nature Conservation Committee (JNCC) was also represented within this
process until changes in remit led JNCC to withdraw
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 86
Diagram 10.1 Group Structure for the East Anglia THREE Evidence Plan.
281. Each ETG was responsible for agreeing the approach to addressing Technical issues
such as how data is collected and how it is interpreted. A list of meetings held under
the evidence plan is provided below. Topics with more complex issues or issues
where agreement was harder to obtain required more meetings than topics where
agreement was more straightforward. The agreement logs from all ETG Evidence
Plan meetings can be found in the Appendices for the relevant ES Chapters in
Volume III of the East Anglia THREE ES as follows:
Appendix 7.1 Evidence plan for Physical Processes
Appendix 10.1 Evidence plan for Benthic Ecology
Appendix 11.1 Evidence Plan for Fish and Shellfish Ecology
Appendix 12.1 Evidence Plan for Marine Mammal Ecology;
Appendix 13.1 Evidence Plan for Ornithology; and
Appendix 23.3 Evidence Plan for Terrestrial Ecology.
282. Table 10.1 provides a record of all Evidence Plan meetings. It should be noted that
the RSPB was also included in this process with regard to the ornithological
meetings.
Steering Group
Marine Mammals
Physical Processes
Ornithology Benthic
Ecology Fish Ecology Onshore
Ecology
Expert Topic Groups
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 87
Table 10.1 record of Evidence Plan meetings
Meeting date Attendees Topic
7th
March 2013 EATL, Defra, Natural England, JNCC
and Cefas
Steering Group Meeting How the
Evidence plan will work.
7th
May EATL, Defra, Natural England, MMO,
JNCC and Cefas
Steering Group Meeting Finalising
the overarching Evidence Plan
5th
August EATL, RSPB Meeting to explain the process
with RSPB and gauge how RSPB
wished to be involved
10th
September 2013 EATL, Natural England and Cefas Fish and Shellfish Ecology ETG
Meeting 1
10th
September 2013 EATL, Natural England and Cefas Benthic Ecology ETG Meeting 1
13th
September 2013 EATL, Natural England and Cefas Physical Processes ETG Meeting 1
13th
September 2013 EATL, Natural England Marine Mammal ETG Meeting 1
30th
September 2013 EATL, Natural England and RSPB Offshore Ornithology ETG Meeting
1
11th
November 2013 EATL, Natural England and RSPB Offshore Ornithology ETG Meeting
2
12th
November 2013 EATL, Defra, Natural England, MMO
and Cefas
Steering Group Meeting –evidence
plan progress
15th
November 2013 EATL, Natural England Marine Mammal ETG Meeting 2
5th
December 2013 EATL, Natural England and SCC Onshore Ecology ETG Meeting 1
26th
February 2014 EATL, Natural England Marine Mammal ETG Meeting 3
28th
March 2014 EATL, Natural England and RSPB Offshore Ornithology ETG Meeting
3
7th
May 2014 EATL, Natural England, MIEU, MMO
and The Planning Inspectorate
Steering Group Meeting –evidence
plan progress
2nd
July 2014 EATL, Natural England and RSPB Offshore Ornithology ETG Meeting
4 (PEIR)
3rd
July 2014 EATL, Natural England, MMO, Cefas Marine PEIR meeting (physical
processes, marine mammals,
benthic ecology, fish and shellfish
ecology)
2nd
June 2015 EATL, Natural England, MMO and The
Planning Inspectorate
Steering Group Meeting –evidence
plan progress
3rd
June 2015 EATL, Natural England and RSPB Offshore Ornithology ETG Meeting
5
6th
July 2015 EATL, Natural England Marine Mammal ETG Meeting 4
6th
July 2015 EATL, Natural England, RSPB and SCC Offshore Ornithology ETG Meeting
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 88
Meeting date Attendees Topic
6
4th
August EATL, Natural England, the MMO and
the Planning Inspectorate
Steering Group Meeting –evidence
plan progress and chapter review
21st
October EATL, Natural England, the MMO and
the Planning Inspectorate
Steering Group Meeting –evidence
plan progress
10.2.1 Consultation Materials
283. A document which sets out the aims, working arrangements and principles of the
assessment for the Evidence Plan was finalised with the Joint Nature Conservation
Committee (JNCC)3, Natural England, Cefas the MMO, the MIEU and EATL in
September 2013. This document displayed in Appendix 37.
10.2.1.1 Initial round of ETG Meetings
284. The first phase of ETG meetings for each of the groups presented in Diagram 10.1
were held in September 2013 (with the exception of onshore ecology which was held
in December). Prior to these meetings a background paper was sent to all attendees
outlining the following:
A summary of the proposed development;
Data available for the baseline;
Any surveys that have been undertaken or will be undertaken to support the
baseline and assessment;
Outline the impacts that EATL propose to assess in the EIA;
Any impacts that are to be scoped out of the assessment; and
An approach to how each impact will be assessed
285. These papers are presented in the East Anglia THREE ES chapter Appendices listed in
paragraph 281 above.
286. Following each meeting minutes, which included a table outlining everything that
had been agreed during the meetings (agreement log), were circulated to all
attendees for final sign off. The Agreement logs are available in the ES chapter
Appendices listed above in paragraph 281.
3 Note that due to a change of remit JNCC withdrew from this process in Summer 2013.
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287. On the basis of the first round of meetings, it was decided that other than a few
technical points (which could be agreed via email) the only topics which would need
extensive further discussion would be Ornithology and Marine Mammals.
10.2.1.2 ETG meetings – Ornithology and Marine Mammals
288. The second phase of ETG meetings involved topic areas which required agreement
on a greater number of Issues. Marine Mammals and Ornithology ETGs several
times to discuss:
Evidence base
Assessment methodology
Appropriate baselines and reference populations
Cumulative impact assessment
Habitats Regulations Assessment (HRA) (including the high level screening for
these topics)
289. Prior to the these meetings further background papers were sent to all attendees
outlining exactly which species would be included in the assessment and the
proposed approach to cumulative impact assessment. These papers are provided in
ES chapter Appendices listed above in paragraph 281. The agreement log from these
meetings is also presented in these Appendices.
10.2.1.3 ETG meetings - PEIR
290. During this phase of the Evidence plan EATL convened topic groups on 2nd and 3rd
2014 to discuss the findings of the impact assessment covering the following topics:
Physical Processes;
Benthic Ecology;
Fish and Shellfish Ecology;
Marine Mammals; and
Ornithology.
291. Due to the relative complexity of the issues around the topics, ornithology
discussions were held on one day and all other marine topics the next. Onshore
ecology was not discussed. The primary basis of the two days was a discussion
based around Natural England’s draft response to the PEIR. The intention of the two
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workshops was to discuss as many issues as possible prior to stakeholders submitting
responses to the PEIR, this meant that clarifications could be separated out from real
disagreements and this would expedite resolution of outstanding issues. These
discussions covered both the EIA and the HRA screening, an initial high level report
on which was included in the PEIR documentation.
292. With regard to ornithology, Natural England’s issues were addressed point by point,
the result being that some questions were resolved on the day (and were not taken
forward in their PEIR response). RSPB had not provided a draft response at that
point. The discussions from this workshop helped to refine the stakeholders’ PEIR
responses.
293. With regard to other topics, the basis for discussions at the next workshop was again
the draft PEIR response from Natural England. Discussions covered all four marine
topics and again the workshop helped to refine the stakeholders’ PEIR responses.
10.2.1.4 ETG meetings – 2015
294. Further evidence plan meetings were held in 2015. As most issues with other topics
had been resolved these meetings covered just marine mammals and ornithology.
The key topics covered were:
Updates required to assessment based upon changes in the project design or
recent conclusions from other NSIP examinations;
Cumulative impact assessment methodology;
HRA screening (full screening for the two topics); and
The approach to the full HRA assessment.
10.3 Draft ES chapter review
295. During July and August 2015 draft ES chapters were provided to Natural England and
the MMO for review, although the reviews were not officially completed under the
Evidence Plan, they were done to coincide with the Evidence Plan steering group
meeting on the 4th of August (Table 10.1). Further information on this draft chapter
review process is provided in section 9.7 above.
10.4 Final Pre-application Steering group meeting
296. A final pre-application Evidence Plan Steering group meeting was held on 21st
October 2015. The meeting was attended by EATL, Natural England, the MMO and
the Planning Inspectorate. At the meeting the following topics were discussed:
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Summary of the application and examination process;
Outstanding issues likely to come up in the examination (harbour porpoise
draft Special Areas of Conservation, annual potential mortality rates of birds)
Agreement of the EP process to date, i.e. agreement logs
Future engagement
10.5 Conclusion
297. To take account of fundamental environmental issues and to inform survey
strategies and constraints to the project, EATL undertook significant consultation
with a number of SNCBs. This consultation has had a significant effect on the design
and development of the proposed East Anglia THREE project.
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11 SECTION 42 CONSULTATION
11.1 Summary
298. EATL has undertaken Section 42 consultation concurrently with Section 47 and 48
consultation (see Chapters 6 and 7 respectively) as follows:
Phase II(a) - Consultation on the PEIR;
Phase II(b) - Consultation on access routes to the onshore cable route; and
Phase III - Consultation on construction phasing.
299. Each phase of consultation was notified to the Section 42 consultees and a minimum
of 28 days provided for responses. Further information on how this was conducted
can be found in Chapters 6 and 7 and associated Appendices 22 to 33.
300. All responses to Section 42 Consultation are provided in Appendices 38, 39 and 40.
Note that these appendices contain all comments made by each consultee and
outline where and/or how the responses have been addressed.
11.2 Section 42 Consultation Requirements
301. Under Section 42, developers are required to consult with local authorities within
Section 43 of the Act, the MMO, and those persons prescribed in the APFP
Regulations, known as Schedule 1 consultees. Section 42 also includes landowners
and those with an interest in the land that fall within categories set out in Section 44.
11.3 Identification of Section 42 Consultees
11.3.1 Schedule 1 of the APFP Regulations
302. Schedule 1 of the APFP Regulations contains a list of prescribed organisation to be
consulted. Planning Inspectorate Advice Note 14 on compiling consultation reports
stipulates that if the prescribed list differs from that detailed in Schedule 1 in the
APFP Regulations then this should be robustly justified.
303. Appendix 29 presents the consultees from the APFP Regulations Schedule 1
prescribed list that were consulted by EATL and Table 11.1 below presents those
consultees on the prescribed list in the APFP Regulations which did not participate in
the East Anglia THREE consultation. The table provides justification for why these
were not consulted.
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Table 11.1 Schedule 1 consultees from the APFP Regulations not consulted by EATL
Organisation Justification
The Welsh Ministers The proposed development does not affect land in Wales
Royal Commission on Ancient and
Historical Monuments of Wales
The proposed development does not affect land in Wales
The Commission for Rural
Communities
This Commission was abolished in 2013
The Countryside Council for
Wales
The proposed development does not affect land in Wales and
the JNCC represent the Countryside Council for Wales, now
Natural Resource Wales.
The Historic Buildings and
Monuments Commission for
England
This is now part of English Heritage/ Historic England who
have been consulted.
The relevant Northern Ireland
Department
The proposed development does not affect land in Northern
Ireland
The Scottish Environment
Protection Agency
The proposed development does not affect land in Scotland
The Scottish Executive The proposed development does not affect land in Scotland
The Scottish Fisheries Protection
Agency
This organisation no longer exists and is incorporated into
Marine Scotland who were consulted
The Scottish Human Rights
Commission
The proposed development does not affect land in Scotland
The Water Industry Commission
of Scotland
The proposed development does not affect land in Scotland
Transport for London The proposed development does not affect land in London
The Natural Resources Body for
Wales
The proposed development does not affect land in Wales.
304. It should be noted that on the 1st April 2015, English Heritage separated into the
English Heritage Trust, responsible for the upkeep of listed buildings etc., and
Historic England, responsible for policy. Following this change EATL continued to
consult with Historic England.
11.3.2 Local Authorities
305. Local Authorities were identified for consultation during the East Anglia THREE
Scoping process (see Section 8.2). The starting point for this identification was
through use of existing relationships established through the development of the
East Anglia ONE project. Both Suffolk County Council and Norfolk County Council
were asked at Scoping stage to identify any additional Local Authorities which should
be included in Section 42 consultation. Through this process, the Local Authorities
presented in Table 11.2 were identified.
306. Section 43 of the Act categorises local authorities as:
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a. A local planning authority will be a host or neighbouring authority for the
purposes of the Act if it falls within one of the following:
i. A local authority (“B”) is either a unitary council or a district council in
which the development is situated (a host authority)
A local authority (“A”) is a neighbouring local authority that shares a boundary with a
unitary council or lower-tier district council within whose area the
development (proposed NSIP and any associated development) is situated,
a B.
ii. A local authority (“D”) which is not a district council and where the
land is in the area of a county council (“C”) and any part of the
boundary of D’s area is also part of the boundary of C’s area.
307. Table 11.2 follows these categories
Table 11.2 Local Authorities identified for Section 42 consultation
Local Authority Category Justification
B Babergh District Council,
Suffolk Coastal District Council
Mid Suffolk District Council
Waveney District Council
South Cambridgeshire District Council
East Cambridgeshire District Council
Tendring District Council
Braintree District Council
South Norfolk District Council
Breckland District Council
A Ipswich Borough Council,
Colchester Borough Council
Great Yarmouth Borough Council
King's Lynn and West Norfolk Borough Council
C Suffolk County Council
Essex County Council*
Norfolk County Council*
Cambridgeshire County Council
D Kirton & Falkenham Parish Council
Tuddenham St. Martin Parish Council
Swilland and Witnesham Parish Council
Grundisburgh & Culpho Parish Council
Martlesham Parish Council
Ramsholt Parish Council
Bawdsey Parish Council
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Local Authority Category Justification
Alderton Parish Council
Westerfield Parish Council
Hemley Parish Council
Newbourne Parish Council
Waldringfield Parish Council
Playford Parish Council
Little Bealings Parish Council
Great Bealings Parish Council
Woodbridge Town Council
Akenham Parish Meeting
Bramford Parish Council
Little Blakenham Parish Council
Claydon and Whitton Parish Council
Burstall Parish Council
Hintlesham and Chattisham Parish Council
Copdock and Washbrook Parish Council
Sproughton Parish Council
Flowton Parish Meeting
* During the consultation process these authorities contacted EATL to request that they are
not consulted regarding the proposed East Anglia THREE project
11.3.3 Persons with an Interest in the Land under Section 44
308. The East Anglia THREE onshore cable route follows the same cable route as that
consented for the East Anglia ONE project, however, additional accesses are
required for East Anglia THREE.
309. Land agreements sought on behalf of the East Anglia ONE project incorporate rights
for the East Anglia THREE works, so the majority of landowners affected were
contacted extensively throughout this process, and have been since 2011.
310. Following a review of landowner information, three additional landowners were
identified as being affected by EATL that had not been affected by East Anglia ONE.
The process for identifying landowners was as follows:
a. Landowners were initially identified using information gained through the
East Anglia ONE process.
b. This information was then checked against updated Land Registry searches of
the areas in question.
c. The majority of the landowners affected by the East Anglia ONE project have
appointed land agents to coordinate negotiated agreements. These land
agents were contacted to ensure the information available was accurate.
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d. New landowners, and those not represented by a land agent, were contacted
directly by the East Anglia THREE project.
e. On 23 October 2015, EAOW issued a non-statutory request for information
(RFIs) under cover of a letter sent to all landowners identified as directly
affected by the East Anglia THREE onshore cable corridor. The RFIs asked for
details of person(s) or organisations with an interest in land or property
within the cable corridor, and for further details of these parties. A copy of
the RFI was sent to landowners solicitors (where known) on 25th October
2015.
11.3.4 Additional Parties with Land Interests
311. In the process of ongoing diligent inquiry leading up to the application, as is almost
inevitable with projects of this scale, the Applicant has identified a small number of
additional parties not included in the Section 42 consultation or the final circulation
of consultation documents. These parties are believed by EATL to have an interest
under Section 44, but were discovered too late in the process to be consulted at an
earlier stage, either because of changes to ownership of land interests since
preparation for the Section 42 consultation completed, or as a result of EATL’s
ongoing diligent enquiry into the land.
312. EATL will be writing to any such parties on an individual basis as soon as possible and
will provide them access to the consultation materials in the usual way. EATL
intends to refresh the searches and enquiries at Land Registry and Companies House
at intervals through the process of examination to make sure all affected parties are
informed during that process and form part of the Book of Reference. All of the
information that has been gained by diligent inquiry and which is relevant has been
provided in the Book of Reference.
11.4 Phases of Section 42 Consultation
313. The East Anglia THREE section 42 Consultation was undertaken in three main phases
as follows:
Phase IIa – Consultation on the PEIR – Section 42, Section 47 and Section 48.
Phase IIb – Consultation with a limited number of Section 42 consultees on
amendments to accesses routes to the cable corridor. This followed the
access routes proposed during the PEIR (Section 42 Phase IIa) Consultation.
Phase III – Consultation on construction of the project in a Single or Two
Phased approach – Section 42, Section 47 and Section 48.
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314. Each Phase was extensively advertised; further information on how this was
conducted can be found in Chapters 6 and 7 and associated appendices.
11.5 Phase IIa - Consultation on the PEIR
11.5.1 Informing Statutory Consultees of the Publication of the PEIR
315. The PEIR report was sent to consultees on 23rd May 2014. The deadline for
responses was 8th July 2014, which allowed a minimum of 28 days as per Section 45
of the Act.
316. In order to ensure that all the relevant organisations had enough time to prepare
resource to review the PEIR a letter was sent on 8th May 2014, to give advance
notification of the consultation and to enquire as to which format (DVD or hard
copy), the consultee would like to receive the PIER. An example of the letter which
was sent either by email or by post to the relevant organisations is provided in
Appendix 41.
317. An example of the letter that accompanied the distribution of the PEIR is provided in
Appendix 42. Bespoke letters were sent to the different consultee groups however
the letter provided in Appendix 42 was sent to the majority of consultees, mostly
those who were not landowners.
318. All Parish Councils directly affected by the project were informed about the PEIR
PIDs and were invited to a separate meeting to be held on the morning of 16th June
2014 in conjunction with the PIDs. A copy of the invitation to this meeting is
included in Appendix 43.
319. The event was specifically for councillors representing wards affected by the onshore
works of the proposed East Anglia THREE project and formed part of the Section 42
consultation on the findings of the PEIR.
320. On 17th June 2014 the project team visited Suffolk County Council and Parish
Councillors were also invited to attend this event (see Appendix 43). The public
information boards used for the Phase IIa PIDs were on display during that morning
and the project team were on hand to answer any questions from councillors or
council staff.
11.5.2 Issuing the PEIR
321. The official Section 42 consultation period for the PEIR ran from 27th May till the 8th
July 2014. The PEIR was issued to over 350 organisations or individuals a list of
which are displayed in Appendix 29.
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322. The covering letter to Section 44 consultees provided in Appendix 44 was sent to all
who had land interests (i.e. landowners, third party interests, leases/tenants,
mortgagees). The covering letter to the other Section 42 consultees groups is
provided in Appendix 30 to 33.
323. At the same time as the PEIR was being issued to consultees the report was also sent
to the Planning inspectorate in accordance with Section 46. A copy of the letter
which accompanied the report is provided in Appendix 45.
324. In accordance with Regulation 11 of the EIA Regulations, a copy of the Section 48
Notice was sent at the same time to Section 42 consultees.
325. As the PEIR was also available on the project website4, some consultees choose to
access the report via this method rather than receiving a DVD or hard copy.
11.5.3 Consultation Materials
326. The Section 42 consultation ran at the same time as the Phase IIa Section 47
consultation. Therefore materials for the latter were made available to the Section
42 consultees, as well as the PEIR. Various different materials were used at the
Phase IIa PIDs, both to convey information to visitors and to encourage feedback.
These included: information boards, a hard copy of the complete PEIR, copies of the
PEIR on CD available free of charge and feedback questionnaires. All of the above
were also available to download from the East Anglia THREE project website. The
feedback form and display boards are provided in Appendix 23.
11.5.4 Implications of EA ONE consent
327. During the Section 42 consultation period for the PEIR consent was granted for the
East Anglia ONE project. A number of consultees corresponded with EATL to
ascertain what the impact of this consent may be for East Anglia THREE. On this
subject communication was had with:
English Heritage (now Historic England);
Suffolk County Council
Suffolk Coastal District Council; and
Mid Suffolk District Council.
4 http://eastangliathree.eastangliawind.com/downloads.aspx
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11.5.5 Summaries of Responses to the PEIR and Subsequent Consultation on Key issues
328. 65 individuals or representatives from various organisations provided a response to
the Section 42 Phase IIa consultation. A list of all respondees to all Phases of Section
42 consultation is provided in Appendix 46. Responses detailed responses to Phase
IIa consultation are provided in Appendix 38. Furthermore, the majority of the
responses to the PEIR were captured in the relevant technical chapters (7-29) of the
East Anglia THREE ES, Volume 1. Within Section 2 of each ES chapter all points of
each response are listed and detail is provided on where the comment has been
addressed within the ES or other submission documents. In addition individual
letters were sent out to reply in detail to all respondees during August to October
2015, an example of this reply letter is provided in Appendix 47.
11.5.5.1 Specialist Consultation
329. In addition to the general invitation to comment on the PEIR which was extended to
all consultees and widely advertised to the general public EATL held additional
consultation with specialists as part of and resulting from the Section 42
consultation. The main points raised during these more specialist elements of PEIR
consultation are provided below.
11.5.5.1.1 Fish and Shellfish Ecology and Commercial Fisheries
11.5.5.1.1.1 Cefas
330. Following the publication of the PEIR, EATL and its consultants met with CEFAS to
discuss the findings of the report and data that may become available before DCO
submission. The minutes of this meeting are available in Appendix 49.
11.5.5.1.2 Chapter 15 Shipping and Navigation
331. Letters were sent to all companies whose vessels had passed more than once
through the East Anglia THREE site (or a potential future project to the north of the
East Anglia THREE site) during the AIS traffic survey periods (see Appendix 15.1 in
East Anglia THREE Environmental Statement, Volume 3). These letters explained the
proposed developments and where further information could be obtained about the
project. An example of this letter is presented in Appendix 34.
332. The only response East Anglia THREE received to these letters came from Hansons
Aggregates who simply stated that they were active in the area of the East Anglia
THREE project and therefore requested continued involvement in the consultation.
11.5.5.1.2.1 Eastern Inshore Fisheries and Conservation Authority (EIFCA)
333. After providing the PEIR to the EIFCA, EATL offered to meet with the EIFCA to discuss
the findings of the PEIR. The EIFCA felt that because they were members of the East
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 100
Anglia Commercial Fisheries Working Groups there was no requirement for a specific
meeting to discuss the PEIR.
11.5.5.1.2.2 Rijkswaterstaat
334. Following the publication of the PEIR, EATL offered to meet with the Ministry of
Transport and the Environment of Rijkswaterstaat to discuss the findings of the PEIR.
On 3rd December 2014 EATL met with Rijkswaterstaat in Schiphol Airport. The
meeting was used to provide an update to Rijkswaterstaat on the East Anglia THREE
project and to discuss ecology and shipping and navigation, timing and future
development, and reaction from EATL on how the PEIR responses from the Ministry
are being resolved.
335. At the meeting it was highlighted that in Dutch waters lower sound exposure limits
(SELs) are used to assess the potential impacts of noise on harbour porpoise than are
used in the UK. EATL explained that because the project is being built in UK waters it
will be acceptable to use the UK SELs that have been defined by the JNCC.
336. During the meeting the distance between the deep water shipping routes and the
boundaries of the East Anglia THREE site (2nm to the East and 1nm to the west) were
agreed as being appropriate. Rijkswaterstaat did however have concerns about the
safety of shipping to the south of the East Anglia THREE site. EATL agreed to discuss
with UK Stakeholders what measures could be taken to protect shipping that may
occur on the southern boundary of the windfarm. This was subsequently addressed
through discussion with relevant UK Stakeholders.
337. During a call on 26th October 2015 EATL provided Rijkswaterstaat with a project
update. Key matters raised previously by Rijkswaterstaat were discussed i.e.
shipping and navigation and marine mammal concerns, following these discussions
Rijkswaterstaat highlighted that as it stands they have no objections to the project
going ahead. There was a commitment from both sides to work together post
submission to consider the marine mammal report released by the Dutch in autumn
2016 to understand if and how this should be incorporated into the EATL marine
mammal assessment.
11.5.5.1.3 Chapter 16 Aviation and MoD
11.5.5.1.3.1 MoD
338. Chapter 16, Aviation and MoD, of the PEIR was sent to the Senior Safeguarding
Office and the Radar Modeller on 27th May 2014 as part of the Section 42
consultation. The accompanying email requested that the MoD:
Review the PEIR materials (which were attached to the email);
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Model the worst case “test” scenarios (which were supplied in a subsequent
email on 3rd June 2014);
Meet with EATL to discuss MoD response to EATLs work to date and the
results of the test scenario modelling to agree a way forward so as to enable
the MoD not to need to object to East Anglia THREE when it is put formally
into planning; and
Agree the limits within which mitigation may be required – and turbine
heights for which mitigation will not be required, etc.
339. Potential worst case scenario layouts (both plans and shapefiles) were sent to the
MoD to allow them to model the effects on radar as an attachment to an email on
12th June 2014.
340. EATL arranged a meeting with the MoD to discuss the findings of the PEIR on 20th
August 2014. During the proposed methods for modelling the effect of the turbines
on radar were discussed and agreed. The MoD had specific concerns regarding the
radar at RAF Trimingham and requested that further modelling scenarios be run to
provide confidence that the proposed East Anglia THREE project would not impact
upon this installation. Further modelling was completed and results are included in
the DCO application.
11.5.5.1.3.2 NATS
341. Following the provision of the PEIR to the National Air Traffic Services (NATS) an
email was sent by EATL to confirm what was required from its review and an offer to
meet if required. NATS responded by informing EATL that it will only commit to an
objection or no objection stance at application stage which has not allowed EATL to
design the windfarm to avoid or minimise impacts. It also indicated that it would not
review the PEI Chapter in detail. It would however do its own modelling as part of
Technical and Operational Advice (TOPA) but that this would be at the outline of the
site – e.g. to determine line of site at the boundary, not to give an accurate radar
detection across the EA3 site.
11.5.5.1.3.3 NERL
342. NERL was also contacted directly with questions regarding how the East Anglia
THREE windfarm may interfere with its Radar. The response was that having carried
out an analysis of the proposed East Anglia Three project envelope NERL did not
envisage any radar objection to the development as proposed.
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11.5.5.1.3.4 Operators of Helicopters and Related Infrastructure
343. An email was sent to helicopter operators including: the aviation environment
federation, Rainair (Beccles), bond offshore helicopters, Bristow group and CHC
helicopters on 12th June 2014 to remind them of the phase IIa consultation and
request their comments. None of these organisations responded formally to Section
42 consultation.
11.5.5.1.3.5 NATMAC
344. The National Air Traffic Management and Advisory Committee (NATMAC) is an
advisory body sponsored by the Director of Airspace Policy. The committee is set up
to be consulted for advice and views on any major matter concerned with airspace
management. NATMAC has a membership drawn from the whole spectrum of the
UK aviation community making it an ideal for PEIR consultation. An email was sent
by EATL on the 12th July 2014 to those members of NATMAC listed in Appendix 50. A
response to this email was received from the UK Flight Safety Committee (the only
NATMAC member to formally respond to the S42 consultation) informing EATL that
wind turbines in the closest points of the site would be visible by the Trimingham
and Cromer radars. This has led to modelling work being conducted to define
exactly what height of turbine would be visible in what part of the East Anglia THREE
site. The MoDs response to this email is provided in section 9.4.7 which also relates
to visibility of the turbines by radar.
11.5.5.1.3.6 Luchtverkeersleiding Nederland
345. Luchtverkeersleiding Nederland (Air Traffic Control the Netherlands) was contacted
on 9th June 2014 with a request that it review the information provided in the PEIR
and provide comment. The reply from Luchtverkeersleiding Nederland provided on
16th June 2014 clearly demonstrated that its opinion had not changed from that
provided during the ZEA consultation which was that it “do[es] not expect radar
issues with the wind turbines planned in the East Anglia Offshore Wind zone”.
11.5.5.1.4 Chapter 18 Infrastructure and Other users
11.5.5.1.4.1 OSPAR
346. Following the publication of the PEIR, consultation was had with OSPAR in relation to
data used within the report that shows a munition dumpsite within the East Anglia
THREE offshore windfarm. A request was sent to OSPAR for further information on
the site. The response was that the site was likely to contain conventional
munitions, which includes, but is not limited to, bombs, grenades, torpedoes and
mines which were jettisoned by vessels following World War I and World War II. No
further information was provided.
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11.5.5.1.4.2 Verizon – Subsea Cable Operator
347. Following production of the PEIR Verizon requested a meeting with all cable
operators which would be affected by the East Anglia THREE project. EATL agreed to
arrange this meeting however cable operators were unavailable to attend a joint
meeting due to resourcing and workload. EATL organised individual meetings with
cable operators and joined the subsea cables industry group Subsea Cables UK to
discuss the project and plans, and timescales for agreeing cable crossings
agreements. It was decided that the most appropriate time for detailed discussion
would be once detailed cable laying plans were being developed and this would
occur at the post consent stage of the project. At that time greater detail would be
provided by EATL to cable operators on the location and nature of any proposed
cable crossings and cable crossing agreements could be made. EATL committed to
informing cable operators of updates to the project and maintaining an open door
policy to requests for meetings and face to face updates.
11.6 Phase IIb – Consultation on the Cable Route Accesses
348. The PEIR contained information on the proposed (at the time of writing) routes by
which vehicles and plant would access the onshore cable route (termed Accesses in
the PEIR). The proposed accesses typically made use of exiting lanes or tracks where
possible, although some would have required temporary road construction.
Following Phase IIa of Section 42 consultation on the PEIR, a review of the onshore
access points was undertaken by EATL in response to concerns raised during Phase
IIa (see section 11.5.5). The review considered a number of factors including:
Consultee responses received during the PEIR consultation period (27th May -
8th July);
Feedback (including face-to-face conversations) from the PEIR PIDs (see
section 6.4.2);
EAOW’s decision to commit to installing ducts for further projects, during
construction of East Anglia ONE; and
Findings of a site visit in June 2014.
349. Feedback from local stakeholders provided useful information on the suitability of
those accesses contained in the PEIR and was influential in defining new and
alternative access points. The decision of EAOW to commit to installing ducts for
future projects during East Anglia ONE construction would reduce the requirement
for haul road along the entire length of the cable route during East Anglia THREE
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 104
construction. Therefore some of the accesses that were proposed in the PEIR were
no longer required.
350. Following a survey of the entire cable route and all access points in June 2014 a long
list of 59 potential accesses was produced. Following the identification of these 59
potential accesses a second round of consultation was completed. This round of
consultation was termed Section 42 Phase IIb consultation and involved only
consultees with an interest in the onshore cable route. 155 companies or individuals
received a Section 42 Phase IIb consultation pack and the list of these is provided in
Appendix 29. Depending on the consultee and whether they had been consulted
previously the contents of the consultation pack included the following:
Letters which were sent to each type of Phase IIb consultee including:
o All Parish councils affected by the project (Appendix 51)
o All Section 44 consultees previously consulted (i.e. landowners, third party
interests, leases/tenants, mortgagees)(Appendix 52)
o New Section 44 consultees who previously had not been consulted (Appendix
53)
o New statutory consultees (Appendix 54)
o Previously consulted statutory consultees (Appendix 55); and
o Transboundary consultees (Appendix 56).
The updated set of maps that were issued to all Phase IIb consultees
(Appendix 57).
351. The consultation period ran from 29th July 2014 to 9th September 2014.
11.6.1 Summaries of Responses and Subsequent Consultation on Key issues
352. 21 individuals or representatives from various organisations provided a response to
the Section 42 Phase IIb consultation. All responses to Phase IIb consultation are
provided in Appendix 39. Furthermore, these are captured in the relevant technical
chapters (7-29) of the East Anglia THREE ES. Within Section 2 of each chapter all
points of each response are listed and detail is provided on where the comment has
been addressed within the ES.
353. Of the 21 responses received the majority provided information about the suitability
of some of the accesses which had been proposed. Consultees considered some
proposed accesses to be unsuitable for the following reasons:
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 105
Used by school children traveling to and from school;
Perceived dangerous accesses that adjoin roads where traffic travels at high
speeds;
Concerns over noise and visual disturbance to local residence; and
Concerns that accesses which may cause traffic disruption and delays.
354. Based on these responses EATL refined its onshore red line boundary to remove
many of these accesses. Further information on this process can be found in Chapter
4 site selection and alternative of the East Anglia THREE ES.
11.7 Phase III – Consultation on Phasing
355. Following the first round of awards under the Contracts for Difference (CfD) in 2015
it became apparent that, due to the way the funding was distributed it may be the
case that the most economically effective way of building offshore windfarms might
be to do so in units of approximately 600MW. Therefore it was decided by EATL that
the application for consent of the proposed East Anglia THREE project should
maintain an option to build the up to 1200MW project potentially in two phases.
356. EATL considered this to be a significant enough change to the project that had been
presented in the PEIR to undertake a further phase of consultation (Phase III). This
consultation period was undertaken from 19th June Until 23rd July 2015 and
comprised the production of a Phase III Report (Consultation) (EATL 2015) which
provided an update on the predicted impacts of the following changes to the project
description assessed within the PEIR which included the following:
The removal of Scenario 2 (trenching of the onshore cables, rather than
pulling through pre-laid ducting (Scenario 1));
A Single Phased and Two Phased approach to construction of the windfarm;
and
Other project description updates and where further detail was now
available on project design.
11.7.1 Removal of Scenario Two (trenching)
357. As the East Anglia ONE project was not consented at the time of the PEIR
publication, it was not known if the East Anglia ONE project would obtain permission
to install ducts for future projects. Therefore the East Anglia THREE PEIR assessed
two scenarios – Scenario 1 where ducts were pre-installed by East Anglia ONE and
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 106
Scenario 2 where no ducts were present and East Anglia THREE had to install cables
via open-trenching. With the successful consent of the East Anglia ONE project,
Scenario 2 no longer needed to be considered and was removed from the project
description. Consequently East Anglia THREE cable route will utilise ducts which will
be installed as part of the East Anglia ONE project.
358. As a result of removing Scenario 2 there are no Horizontal Directional Drilling
construction proposed as part of the East Anglia THREE project, and open trenching
would be limited to the area around the substation at Bramford. This limits the
amount of construction work necessary for the proposed East Anglia THREE project.
This change was also outlined in the Update to SoCC (Appendix 6).
11.7.2 Phasing
359. As part of the Phase III consultation EATL provided information on two construction
phasing options, a Single Phase or Two Phased approach. This means that although
the overall capacity of the proposed East Anglia THREE project remains the same (i.e.
up to 1200MW), EATL can construct the project as either a single build of 1200MW
or in a phased way i.e. in two discrete 600MW blocks. This approach ensures that
EATL is able to accommodate any changes in the shape of the Regulatory Support
Framework in years to come, if the Framework for example would not support the
development of the full capacity in one period.
11.7.3 Other project updates
360. The Phase III Report (Consultation) (EATL 2015) also included information on where
updates had been made to the project design, this mainly consisted of areas where
more information was available and the design had been refined since the PEIR. No
comments received during Phase III consultation directly related to these updates.
11.7.4 Informing Consultees of the Phase III Consultation
361. A full list of the consultees contacted as part of Phase III of consultation is provided
in Appendix 29 and detail of what the consultation pack included is provided below.
To satisfy the requirements of Section 48 of the Act notices were place in national
and local publications and a were positioned along the onshore cable route, full
details are provided in section 7 of this report. Furthermore an email was sent from
the project email account to all consultees who had registered with the project
website. This email was also sent to 11 residents of the town of Burstall as they had
requested it and did not want to register on the project website. The email not only
provided detail of the Phase III consultation but also provided timings and locations
for the PIDs (more information on the PIDs provided in section 6.6.2). A copy of the
email is provided in Appendix 58.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 107
11.7.4.1 Section 42 Consultees
362. In order to ensure that Natural England would be able to allocate resources to
review and comment upon the Phase III report it was informed of the imminent
arrival of the report by email on 7th May 2015.
363. Consultees were then provided with a consultation pack on the following dates:
Statutory consultees – by letter on 12th June 2015
Parish Councils – by letter on 12th June 2015
Transboundary consultees - by letter on 12th June 2015
Local fishermen - by letter on 12th June 2015
364. As part of this consultation pack, consultees received a letter informing them of the
consultation process, the documents associated with this phase of consultation and
the timescales for the consultation period. Letters were sent to the following
consultees:
Section 42 Letter to statutory consultees – Phase III (Appendix 30).
Section 42 Letter to Parish Councils – Phase III (Appendix 31).
Section 42 Letter to Transboundary consultees – Phase III (Appendix 32).
Section 42 Letter to Fishermen – Phase III (Appendix 33)
365. The letter was accompanied by the following documents:
Phase III Report (Appendix 59);
Section 48 notice (Appendix 15); and
Update to the SoCC – Parish Councils and PINS only (Appendix 6 ).
366. Overall 852 consultees were sent a consultation pack. The consultation period ran
from 19th June 2015 until 23rd July 2015.
367. Statutory consultees were subsequently contacted during 23rd June to 27th July 2015
(by email if an address was held or by phone alternatively) to confirm their receipt of
the consultation material.
368. If a consultee had not received a pack, or could not confirm that they had received a
consultation pack then either an electronic consultation pack was sent by email or a
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 108
second hard copy was distributed. Of the 127 statutory consultees, 5 confirmed,
when contacted, that they had not received the original consultation pack and a
digital version of the pack was then emailed to these consultees. These consultees
were:
Cambridgeshire County Council;
Tendring District Council;
Suffolk Constabulary;
Equality and Human Rights Commission; and
The Disabled Persons Transport Advisory Committee
369. Despite numerous attempts to contact the following consultees, no response was
provided to confirm if they had received the report:
Ipswich Hospital NHS Trust
East of England Ambulance Headquarters
British Gas Pipelines
Centrica
EDF Energy
Energetics Gas Limited
Energetics Electricity Limited
EOn Energy
SSE Pipelines Limited
SSE Southern Electric
Utility Grid Installations Limited
UK Power Networks Limited
370. Consultees which were re-sent the Phase III consultation pack (in either hard copy or
electronic format) were informed that they would have an extended deadline for
responding to the consultation. The extension depended on when they confirmed
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 109
receipt of the consultation pack but in all cases allowed for a minimum of 28 days
following the day on which they received the pack.
371. The Planning Inspectorate received a different introductory letter as part of Section
46 of the Act (Appendix 60) informing it of the forthcoming consultation under
Section 42 of the Act. Alongside this letter, the Planning Inspectorate received the
Phase III Report, Section 48 notice and the update to the SoCC (Appendix 6).
11.7.4.2 Site Notices
372. At the start of the Phase IIa Section 42 consultation period A3 posters were placed
along the cable route at strategic locations. A copy of the poster is presented in
Appendix 61 along with a map showing the locations at which this poster was
displayed as well as photos of the poster at each location.
373. The site notices were placed on 27th May 2014. A check of the site notices was
completed on 18th June 2014. During the check a number of the Notices were either
missing or damaged. These were repaired or replaced on the 24th June 2014.
374. At the start of the Phase III consultation, site notices were placed at the 58 identified
site locations on 17th June 2015. These comprised laminated A4 posters of the
Section 48 notices (see Appendix 15) and an A3 site notice depicting the site location
and the cable route. This is provided in Appendix 62. A map was then produced
showing each site location and photographs were provided of the notice installed
prior to the opening of consultation on 19th June 2015. An inspection of the site
notices was completed after one week on the 24th June 2015 and during this check it
was found that four notices were in need of repair or replacement. These four
notices were replaced or repaired on the 24th June 2015. Evidence of the site notices
in situ is provided in Appendix 63. Any notices which were identified as being
damaged or missing were re-photographed.
11.7.4.3 Section 44 Consultees
375. Landowners and mortgagees were also provided with the consultation material
under Section 44 of the Act. All consultees identified were sent an introductory
letter and the relevant documentation (as per the pack provided to Section 42
consultees – see section 11.7.4.1). The letter provided can be viewed in Appendix
64. They were also sent the Phase III Report (consultation) (Appendix 59) and the
Section 48 notice (Appendix 15).
376. Following an administrative error, 15 additional section 44 consultees were
identified after the official closure date for the Phase III consultation. The
consultation for these parties was extended from 15th August when they were
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 110
provided with the Phase III Report (provided in Appendix 59 and Section 48 notice
(Appendix 58) until 12th September, allowing for a further 28 day consultation
period. No consultation responses were received from these consultees. An
example of the letter which was sent to these newly identified consultees is
provided in Appendix 48.
377. Following this, an additional 3 section 44 consultees were identified. A letter was
sent to these parties extending the consultation from 30th September, when they
were provided with the Phase III Report (provided in Appendix 59 and Section 48
notice (Appendix 58), to 28th October 2015, allowing for a further 28 day
consultation period. No consultation responses were received from these
consultees.
11.7.4.4 Parish Councils
378. On 10th June 2015 an email was sent to all Parish Councils along the cable route (see
section 4.6 for list of Parish Councils). The email informed the recipient of the Phase
III consultation and attached a poster advertising this consultation, together with the
public information days listed. It was requested that this poster should be displayed
at suitable locations throughout each Parish. The email and the poster are provided
in Appendix 21.
11.7.5 Summaries of Responses and Subsequent Consultation on Key issues
379. All responses to Phase III consolation are provided in Appendix 40. The majority of
the responses were fairly generic regarding the project as a whole rather than
relating to the specific changes to the project, these are summarised below:
Little Bealings and Burstall Parish councils reiterated their general objections
to disturbance caused by the project.
Burstall Parish Council suggested that it had not been meaningfully consulted
with in regards to the proposed East Anglia THREE project. EATL responded
by indicating the three statutory consultations undertaken, each including
PIDs in the locality of Burstall.
Suffolk County Council responded to say that it was supportive of ducts being
installed during East Anglia ONE construction and was not concerned with
East Anglia THREE taking a phased approach to construction.
A member of the public, had concerns over access J and the safety of other
users using the path.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 111
380. No landowners responded formally to the Phase III Section 42 consultation, however
this may be due to the fact that landowner consultation has been conducted
separately (see section 9.5).
381. Marine Scotland provided a response to the Phase III consultation in which they
confirmed that they had not comments to make at that stage.
382. In response to the Phase III consultation a number of changes were made to the
Proposed East Anglia THREE project and the application documents these included:
The landscaping strategy is detailed within the OLEMS, this document will be
submitted as part of the application and will be made available for
consultation and comment during the examination phase;
Access J was removed from the proposed East Anglia THREE project.
11.8 Statement of Compliance
383. EATL complied with the relevant legislation as follows:
EATL consulted those bodies listed in Schedule 1 of the Applications
Regulations, local authorities within the definition in Section 43, and all those
with an interest in land to which the application relates as described in
Section 44 of the Act. EATL also consulted other stakeholders EATL deemed
necessary to consult with in regard to the proposed East Anglia THREE
project.
For both Phases, all consultees were informed of the deadline for responses
in a cover letter notifying the commencement of consultation. The letter
stated that the consultation process would run from 27th May 2014 until 8th
July 2014 (Phase IIa); from 29th July until 9th September (Phase IIb); and from
19th June 2015 until 23rd July 2015 (Phase III). In each case a minimum of 28
days was provided.
EATL has had regard to all relevant responses to consultation (Section 49).
EATL provided PINS with a copy of the same documentation that was sent to
the Section 42 consultees during each phase of consultation (Section 46).
EATL also had regard to the DCLG Guidance on the pre-application process
(Section 50).
384. Please see the full Statement of Compliance at Chapter 15 of this report for more
details.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 112
12 CONCLUSION
385. EATL has undertaken pre-application consultation on the proposed East Anglia
THREE project in accordance with the requirements of the Act, secondary legislation
and in line with relevant Government and The Planning Inspectorate advice
(formerly guidance and advice issued by PINS). EATL has consulted the local
community (including the ‘offshore’ community), local authorities, landowners and
those with an interest in the application site, those prescribed by the relevant
Regulations and others whose views EATL considered important.
386. EATL‘s consultation has gone considerably beyond the statutory requirements.
Informal consultation with stakeholders began in 2012, has continued right up until
the date of submission and will continue as the project progresses. Reponses
received beyond the 28 day formal consultation periods were given full
consideration and influenced to the project where appropriate.
387. A key stage in the community consultation process was to define the area where the
consultation would be targeted. This exercise was undertaken as part of the SoCC
consultation with the Local Authorities, including Suffolk County Council, Suffolk
Coastal District Council, Mid-Suffolk District Council, Babergh District Council and the
MMO. Careful consideration was given to identify those living in the vicinity of the
proposed East Anglia THREE project and those that may be affected by the wider
impacts of the development.
388. As reported, a wide range of methods were adopted in order to communicate with
as much of the community as possible in the consultation. EATL has sought to make
consultation materials easy to understand and accessible, and has encouraged
members of the community to participate and make their views known through
feedback forms, at Public Information Days and via the website, emails, phone calls
and written responses.
389. Issues have been raised in all strands of EATL’s consultation and each of these issues
has been carefully considered by EATL. In many cases the issues raised have
influenced the consultation process itself, the EIA and the ES, and/or the other DCO
application documents. These have, in turn, shaped the East Anglia THREE proposal.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 113
13 REFERENCES
East Anglia Offshore Wind Limited (2012a) East Anglia ONE Offshore Windfarm
Consultation report. Available at:
https://royalhaskoningdhv.app.box.com/files/0/f/581178924/1/f_6988657158
East Anglia Offshore Wind Limited (2012b) East Anglia THREE Offshore Windfarm.
Environmental Impact Assessment Scoping Report
EATL (2015) Section 42 Phase III (Consultation) Report available at:
https://eastangliathree.eastangliawind.com/downloads.aspx
Marine and Coastguard Agency (MCA) (2008) MGN 371 (M+F) Offshore Renewable
Energy Installations (OREIs) Guidance on UK Navigational Practice, Safety and
Emergency Response Issues.
The Planning Inspectorate (2012a) Advice note fourteen: Compiling the consultation
report
The Planning Inspectorate (2013) Advice Note Three: EIA Notification and
Consultation
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 114
14 ACRONYMS AND GLOSSARY
14.1 Abbreviations
Acronym In Full
EIA Environmental Impact Assessment
PEIR Preliminary Environmental Information Report
SoCC Statement of Community Consultation
DCLG Department for Communities and Local Government
SoS Secretary of State
MCA Marine and Coastguard Agency
RSPB Royal Society for the Protection of Birds
HDD Horizontal Directional Drilling
SCC Suffolk County Council
MMMP Marine Mammals Mitigation Plan
APFP Prescribed Forms and Procedures Regulations 2009
PINS Planning Inspectorate
MoD Ministry of Defence
MSDC Mid Suffolk District Council
SCDC Suffolk Coastal District Council
NAIZ Non-Automatic Initiation Zone
14.2 Glossary of terms
Term Explanation
East Anglia THREE Site This refers to the windfarm site containing wind turbines,
offshore platforms, navigation markings, meteorological mast
and other ancillary structures
Offshore cable corridor This refers to areas in which cables would be installed to
connect the East Anglia THREE windfarm with East Anglia
ONE windfarm or to land
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 115
Term Explanation
Landfall site This refers to the area of the coast where the East Anglia
THREE export cable would transition from the marine
environment onto land.
Onshore cable route 37km long and nominal 75m wide corridor within which up to
12 (single core) cables and up to two fibre optic cables would
be installed in ducts to connect the proposed East Anglia
THREE project to the onshore substation.
Onshore substation location The location of the onshore substation for the proposed East
Anglia THREE project at Bramford. The substation compound
would cover a maximum area of 160m by 190m.
Single Phase A single phase (up to 12MW installed in a single construction
period.
Two Phased Two phases of up to 600MW each, with the start date of each
phase of works separated by no more than 18 months.
Export cable corridor The corridor of seabed within which the, up to four, export
cables would be located. This is displayed in (Figure 1.1)
Interconnector cable corridor The corridor of seabed within which the, up to four,
interconnector cables would be located.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 116
15 FINAL STATEMENT OF COMPLIANCE
390. Table 15.1 provides details on how relevant legislation and guidance has been
complied with in relation to consultation. Table 15.2 contains a completed Section
55 Acceptance of Applications Checklist.
Table 15.1 Table showing how legislation and guidance has been complied
Ref Requirement Compliance
Planning Act 2008
Section
42
Duty to consult
The applicant must consult the
following about the proposed
application:
(a) such persons as may be
prescribed;
The Applicant consulted all persons prescribed under the Infrastructure
Planning (Applications: Prescribed Forms and Procedure) Regulations
2009 (see Appendix 29 of the Consultation Report for the full list).
(aa) the Marine Management
Organisation;
The Applicant consulted with the MMO (see Appendix 29 and Appendix 7
of the Consultation Report for the full list).
(b) each local authority that is
within Section 43;
The Applicant consulted with each local authority identified under
Section 43 (see Appendix 29 and section 11 of the Consultation Report
for the full list).
(c) the Greater London
Authority if the land is in
Greater London; and
Not applicable.
(d) each person who is within
one or more of the
categories set out in Section
44.
The Applicant consulted all persons identified under Section 44, being
persons with a relevant interest in land affected by the Project (see the
Book of Reference for the full list).
Section
45
Timetable for consultation
under Section 42
(1) The applicant must, when
consulting a person under
Section 42, notify the
person of the deadline for
the receipt by the
applicant of the person’s
response to the
consultation.
All consultees were informed of the deadlines for responses to the three
phases of Section 42 Consultation in a cover letter notifying the
commencement of consultation (see copy letters at Appendices 30-33,
41, 42,44,47,48 and 51-57 of the Consultation Report). The letters stated
that the consultation process would run as follows:
Phase IIa consultation ran from 23rd
May 2014 until 8th
July 2014.
Phase IIb consultation ran from the 29th
July 2014 until 9th
September
2014
Phase III consultation ran from the 19th
June 2015 until the 23rd
July
2015.
(2) A deadline notified under Phase IIa consultation ran from 23rd
May 2014 until 8th
July 2014
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 117
Ref Requirement Compliance
subsection (1) must not be
earlier than the end of the
period of 28 days that
begins with the day after
the day on which the
person receives the
consultation documents.
providing a period of 46 working days for responses.
Phase IIb consultation ran from the 29th
July 2014 July until 9th
September 2014 providing a period of 42 working days for responses
Phase III consultation ran from the 19th
June 2015 until the 23rd
July
2015. providing a period of 34 days for responses
(3) In subsection (2) “the
consultation documents”
means the documents
supplied to the person by
the applicant for the
purpose of consulting the
person.
The consultation documents provided for the Section 42 consultation
were:
1. The PEIR report for Phase IIa consultation which has not been
appended to this report as it contains several large documents but
it is available in full at:
https://eastangliathree.eastangliawind.com/downloads.aspx;
2. The Plans for Phase IIb consultation provided in Appendix 57 of
the Consultation Report
3. The Phase III Report (Consultation) for Phase III consultation which
is provided in Appendix 59 of the Consultation Report
Section
46
Duty to notify Secretary of State
of proposed application
(1) The applicant must supply
the Secretary of State with
such information in
relation to the proposed
application as the
applicant would supply to
the Secretary of State for
the purpose of complying
with section 42 if the
applicant were required by
that section to consult the
Secretary of State about
the proposed application.
The Applicant notified PINS of the proposed application on 19th
May
2014 by way of a formal cover letter and package including the
consultation documents, see Appendix 45 of the Consultation Report.
(2) The applicant must comply
with subsection (1) on or
before commencing
consultation under section
42.
The package was sent to PINS on 19th
May 2014, before the date of
commencement of the formal consultation on 23rd
May 2014.
Section
47
Duty to consult local community
(1) The applicant must prepare
a statement setting out
how the applicant
proposes to consult, about
the proposed application,
The Applicant prepared a draft Statement of Community Consultation
(SoCC) which set out how the Applicant proposed to consult the
community. Further details on the process for preparing the SoCC can be
found in Chapter 4 of the Consultation Report. The SoCC is attached to
the Consultation Report at Appendix 4.
An Update to Statement of Community Consultation was published on
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 118
Ref Requirement Compliance
people living in the vicinity
of the land.
11th
June2015. This is attached at Appendix 6 of the Consultation
Report.
(2) Before preparing the
statement, the applicant
must consult each local
authority that is within
section 43(1) about what is
to be in the statement.
The Applicant consulted with Suffolk County Council, Suffolk Coastal
District Council, Babergh District council, Mid Suffolk District Council,
Ipswich Borough council.
Consultation also took place with the Planning Inspectorate and the
MMO,
Further consultation on the updated SoCC took place with the above
authorities, Planning Inspectorate and MMO
(3) The deadline for the receipt
by the applicant of a local
authority’s response to
consultation under
subsection (2) is the end of
the period of 28 days that
begins with the day after
the day on which the local
authority receives the
consultation documents.
Statutory consultation with the relevant local authorities on the SoCC
ran from 9th
August 2013 until 11th
September 2013.
The updated SoCC was the subject of consultation with the authorities
noted in the previous section, the Planning Inspectorate and the MMO
between 4th
May 2015 and 1st
June 2015
(4) In subsection (3) “the
consultation documents”
means the documents
supplied to the local
authority by the applicant
for the purpose of
consulting the local
authority under subsection
(2).
The consultation documents comprised a draft SoCC report to inform
the SoCC and update to SoCC (see Appendices 1, 2 and 3) of the
Consultation Report.)
(5) In preparing the statement,
the applicant must have
regard to any response to
consultation under
subsection (2) that is
received by the applicant
before the deadline
imposed by subsection (3).
The Applicant considered all relevant comments received on the draft
SoCC. For more information on how comments were addressed see
Chapter 4 of the Consultation Report.
(6) Once the applicant has
prepared the statement,
the applicant must—
(a) make the statement
available for
inspection by the
public in a way that
Notice of the SoCC was published in local Newspapers - Ipswich Star,
East Anglian Daily Times, Eastern Daily Press, Fishing News between the
13th
and 17th
September 2013. The SoCC was also made available on the
Applicant's website from 16th
September 2013,. The SoCC was made
available for inspection at the following local libraries: Hadleigh;
Woodbridge; Felixstowe; and Ipswich County. Emails were also sent to
the authorities noted at Chapter 4.6 of the Consultation Report
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 119
Ref Requirement Compliance
is reasonably
convenient for
people living in the
vicinity of the land,
(b) publish, in a
newspaper
circulating in the
vicinity of the land,
a notice stating
where and when
the statement can
be inspected, and
(c) publish the
statement in such
manner as may be
prescribed.
informing them of publication of the SoCC.
Notice of the Update to the SoCC was published in the East Anglian Daily
Times, Eastern Daily News and Ipswich Star on 11th
and 18th
June 2015.
The Update to the SoCC was provided to Parish Councils noted in
Chapter 4.6 of the Consultation Report. The SoCC was made available for
inspection at the following local libraries: Hadleigh; Woodbridge;
Lowestoft; Felixstowe; and Ipswich County. The Update to the SoCC was
made available at the PIDS for Phase III Consultation on 22nd
and 23rd
June 2015.
The Update to the SoCC was also made available on the Applicant's
website.
(7) The applicant must carry
out consultation in
accordance with the
proposals set out in the
statement.
The Applicant’s consultation process was carried out in accordance with
the SoCC, as explained in Chapter 4 of the Consultation Report.
Section
48
Duty to publicise
(1) The applicant must
publicise the proposed
application in the
prescribed manner.
The Applicant prepared and published a Section 48 Notice in the manner
prescribed under the Infrastructure Planning (Applications: Prescribed
Forms and Procedure) Regulations 2009 (see below for more detail).
The published notice is provided at Appendix 15 and 24 of the
Consultation Report.
(2) Regulations made for the
purposes of subsection (1)
must, in particular, make
provision for publicity
under subsection (1) to
include a deadline for
receipt by the applicant of
responses to the publicity.
The deadline was included in the Section 48 Notice as:
8 July 2014 for Phase IIa; and
23 July 2015 for Phase III..
Section
49
Duty to take account of
responses to consultation and
publicity
(1) Subsection (2) applies where
the applicant—
(a) has complied with
sections 42, 47 and
48, and
(b) proposes to go ahead
The Applicant has had regard to all relevant responses to consultation
and publicity.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 120
Ref Requirement Compliance
with making an
application for an
order granting
development
consent (whether or
not in the same
terms as the
proposed
application).
(2) The applicant must, when
deciding whether the
application that the
applicant is actually to
make should be in the
same terms as the
proposed application, have
regard to any relevant
responses.
The applicant has had regard to all relevant responses.
(3) In subsection (2) “relevant
response” means—
(a) a response from a person
consulted under section 42
that is received by the
applicant before the deadline
imposed by section 45 in that
person’s case,
(b) a response to consultation
under section 47(7) that is
received by the applicant
before any applicable
deadline imposed in
accordance with the
statement prepared under
section 47, or
(c) a response to publicity
under section 48 that is
received by the applicant
before the deadline imposed
in accordance with section
48(2) in relation to that
publicity.
Section 42 responses are considered in Chapter 11 of the Consultation
Report.
Section 47 responses are considered in Chapter 6 of the Consultation
Report.
As Section 48 consultation occurred at the same time as Section 47
consultation was ongoing, the Applicant is unable to distinguish
between responses received as a result of publicity under either section.
Section
50
Guidance about pre-application
procedure
(1) Guidance may be issued
about how to comply with
The Applicant has complied with the guidance set out in DCLG Guidance
on pre-application consultation (see below).
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 121
Ref Requirement Compliance
the requirements of this
Chapter.
(2) Guidance under this section
may be issued by the
Secretary of State.
(3) The applicant must have
regard to any guidance
under this section.
The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
Reg 3 Prescribed consultees
The persons prescribed for the
purposes of section 42(a) (duty
to consult) are those listed in
column 1 of the table in
Schedule 1 to these Regulations,
who must be consulted in the
circumstances specified in
relation to each such person in
column 2 of that table.
The Applicant consulted all persons prescribed under the Infrastructure
Planning (Applications: Prescribed Forms and Procedure) Regulations
2009 (see Appendix 29 of the Consultation Report for the full list).
Reg 4
(2) The applicant must publish a
notice, which must include
the matters prescribed by
paragraph (3) of this
regulation, of the
proposed application—
(a) for at least two
successive weeks in
one or more local
newspapers
circulating in the
vicinity in which the
proposed
development would
be situated;
(b) once in a national
newspaper;
(c) once in the London
Gazette and, if land
in Scotland is
affected, the
Edinburgh Gazette;
and
(d) where the proposed
The Applicant published the Section 48 Notice as follows:
For Phase IIa
(a) For two successive weeks in the following local newspapers during
the weeks commencing 27th
May 2014 and 3rd
June 2014; and 11th
and 11th
June 2015
East Anglian Daily News
Eastern Daily Press
Ipswich Star
(b) Once in a national newspaper (The Times) on 27th
May 2014
(c) Once in London Gazette on 27th
May 2014
(d) Once in Fishing News on 30th
May 2014
(e) Once in Lloyds List on 27 May 2014
For Phase III
(a) For two successive weeks in the following local newspapers during
the weeks commencing 11th
June 2015 and 18th
June 2015:
East Anglia Daily News
Eastern Daily Press
Ipswich Star
(b) Once in a national newspaper (The Times) on 18th
June 2015
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 122
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application relates to
offshore
development—
(i) once in Lloyd’s
List; and
(ii) once in an
appropriate
fishing trade
journal.
(c) Once in London Gazette on 18th
June 2015
(d) Once in Fishing News on 12th
and 19th
June 2015
(e) Once in Lloyds List on 18th
June 2015
The copies of the newspaper notices are provided at Appendix 24 of the
Consultation Report.
(3) The matters which the notice
must include are:
The Section 48 Notice included all of the elements listed under
Regulation 4(3).
(a) the name and address of
the applicant;
Two Section 48 notices were provided by the Applicant; one to
accompany Section 42 Phase IIa and a second to accompany Section 42
Phase III. The name and address of the Applicant were included in both.
(b) a statement that the
applicant intends to make
an application for
development consent to
the Secretary of State;
Both Section 48 Notices state that the developer proposes to apply to
the Secretary of State under section 37 of the Planning Act 2008 (as
amended) for the DCO.
(c) a statement as to whether
the application is EIA
development;
Both Section 48 Notices state that the Project is a development
requiring environmental impact assessment.
(d) a summary of the main
proposals, specifying the
location or route of the
proposed development;
Both Section 48 Notices state the provisions that will be outlined in the
proposed DCO. The Section 48 Notice that accompanied Section 42
Phase III provided an updated to that that accompanied Section 42
Phase IIa and stated that the proposed DCO would, amongst other
things, authorise:
1. Offshore wind turbines and associated foundations (anticipated to be up to 172 wind turbines, each having a rated capacity of between 7 MW and 12 MW, with an installed capacity of up to 1,200 MW;
2. Up to two meteorological masts and foundations; 3. Up to two LiDAR (Light Detection and Ranging) monitoring buoys; 4. Up to four offshore collector stations and up to two offshore
converter station platforms; 5. Up to one offshore platform housing accommodation facilities; 6. Subsea inter-array cables between the wind turbines and converter
station and collector station platforms; 7. Up to four subsea export cables to transmit electricity from the
offshore platforms to shore; 8. Up to four interconnector cables between the East Anglia ONE and
East Anglia THREE Projects; 9. Scour protection around foundations and on interarray and export
cables as required; 10. Landfall at Bawdsey with onshore transition pits to join the offshore
and onshore cables; 11. Up to four onshore underground cables pulled through existing
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 123
Ref Requirement Compliance
ducting to be laid by East Anglia ONE, running for approximately 37km from landfall to the connection point at Bramford, Suffolk, with jointing pits, to transmit electricity to a new onshore transformer substation;
12. An onshore transformer substation at Bramford, Suffolk, to connect the offshore windfarm to the National Grid;
13. The permanent and/or temporary compulsory acquisition if required) of land and/or rights for the proposed Project;
14. Overriding of easements and other rights over or affecting land for the proposed Project;
15. The application and/or disapplication of legislation relevant to the proposed Project including inter alia legislation relating to compulsory purchase; and
16. Such ancillary, incidental and consequential provisions, permits or consents as are necessary and/or convenient..
(e) a statement that the
documents, plans and
maps showing the nature
and location of the
proposed development
are available for
inspection free of charge
at the places (including at
least one address in the
vicinity of the proposed
development) and times
set out in the notice;
The Section 48 Notice that accompanied Section 42 Phase IIa states that
copies of the details of the proposals, environmental reports, plans,
maps and other documents may be inspected free of charge from 27th
May 2014 until at least 8th
July 2014 at the following locations and times:
Ipswich County Library
Lowestoft Library
Woodbridge Library
Hadleigh Library
Felixstowe Library
Mon 9am – 6pm
9am – 6pm
10am – 4pm
Closed Closed
Tues 9am – 7pm
9am – 7pm
9.30am – 7.30pm
9.30am – 5pm
9am – 5.30pm
Wed 9am – 6pm
9am – 6pm
9am – 5.30pm
9.30am – 5pm
9am – 7.30pm
Thurs 9am – 6pm
9am – 7pm
9am – 5.30pm
9.30am – 5pm
9am – 5.30pm
Fri 9am – 7pm
9am – 6pm
9am – 7.30pm
9.30am – 7.30pm
9am – 7.30pm
Sat 8.30am – 5pm
9am – 5pm
9am – 5pm 9.30am – 5pm
9am – 5pm
Sun 10am – 4pm
10am – 4pm
10am – 4pm
10am – 4pm
10am – 4pm
Copies of the documents are also stated to be available online through
the Applicant’s website at www.eastangliawind.com and it is confirmed
that they can be provided on request.
The Section 48 Notice that accompanied Section 42 Phase III states that
copies of the details of the proposals, environmental reports, plans,
maps and other documents may be inspected free of charge from 19th
June 2015 until at least 23rd
June 2015 at the following locations and
times:
Ipswich County Library
Lowestoft Library
Woodbridge Library
Hadleigh Library
Felixstowe Library
Mon 9am – 9am – 10am – Closed 10am –
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 124
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6pm 6pm 4pm 4pm
Tues 9am – 7pm
9am – 7pm
9.30am – 7.30pm
9.30am – 5pm
9am – 5.30pm
Wed 9am – 6pm
9am – 6pm
9am – 5.30pm
9.30am – 5pm
9am – 7.30pm
Thurs 9am – 6pm
9am – 7pm
9am – 5.30pm
9.30am – 5pm
9am – 5.30pm
Fri 9am – 7pm
9am – 6pm
9am – 7.30pm
9.30am – 7.30pm
9am – 7.30pm
Sat 8.30am – 5pm
9am – 5pm
9am – 5pm 9.30am – 5pm
9am – 5pm
Sun 10am – 4pm
10am – 4pm
10am – 4pm
10am – 4pm
10am – 4pm
Copies of the documents are also stated to be available online through
the Applicant’s website at www.eastangliawind.com and it is confirmed
that they can be provided on request.
(f) the latest date on which
those documents, plans
and maps will be
available for inspection
(being a date not earlier
than the deadline in sub-
paragraph (i));
The Section 48 Notice that accompanied Section 42 Phase IIa states that
copies of the details of the proposals, environmental reports, plans,
maps and other documents may be inspected free of charge from 27th
May 2014 to 8th July 2014.
The Section 48 Notice that accompanied Section 42 Phase III states that
copies of the details of the proposals, environmental reports, plans,
maps and other documents may be inspected free of charge from 19th
June 2015 until at least 23rd
June.
(g) whether a charge will be
made for copies of any of
the documents, plans or
maps and the amount of
any charge;
Both Section 48 Notices state that a reasonable copying charge may
apply.
(h) details of how to respond
to the publicity; and
Both Section 48 Notices state that any representations on the proposals should be made in writing to FREEPOST RSTC-EJEY-RKRX, East Anglia Offshore Wind, 4th Floor, 1 Atlantic Quay, Glasgow G2 8JB. or by e-mail to [email protected] .
(i) a deadline for receipt of
those responses by the
applicant, being not less
than 28 days following
the date when the notice
is last published.
The Section 48 Notice that accompanied Section 42 Phase IIa states that
the deadline for receipt of responses by the developer was 8th
July 2014.
The Section 48 Notice that accompanied Section 42 Phase III states that
The deadline for receipt of responses by the developer was 23rd July
2015.
The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
Reg 6 Procedure for establishing
whether environmental impact
assessment is required
The Applicant applied to PINS on 9th
November 2012 for a scoping
opinion for the proposed development. The scoping request is provided
at Document 6.5
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(1) A person who proposes to
make an application for an
order granting
development consent
must, before carrying out
consultation under section
42 (duty to consult)
either—
(a) request the Secretary of
State to adopt a
screening opinion in
respect of the
development to which
the application relates;
or
(b) notify the Secretary of
State in writing that the
person proposes to
provide an
environmental
statement in respect of
that development.
The scoping opinion is provided at Document 6.6.
(3) A request or notification
under paragraph (1) must
be accompanied by—
(a) a plan sufficient to
identify the land;
(b) a brief description of the
nature and purpose of
the development and of
its possible effects on
the environment;
(c) such other information or
representations as the
person making the
request may wish to
provide or make.
The Applicant supplied PINS with the relevant information, including:
A covering letter
East Anglia THREE Offshore Wind Farm Scoping Report
Reg 10 Consultation statement
requirements
The consultation statement
prepared under section 47 (duty
to consult local community)
must set out —
(a) whether the development
The Applicant stated in the SoCC that:
Legislation requires that East Anglia THREE Limited undertake an
Environmental Impact Assessment (EIA) to identify likely significant
environmental effects of the project.
East Anglia THREE Limited will provide the preliminary findings of the EIA
within the PEIR, and make this information available to the local
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 126
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for which the applicant
proposes to make an
application for an order
granting development
consent is EIA
development; and
(b) if that development is EIA
development, how the
applicant intends to
publicise and consult on the
preliminary environmental
information.
community for consultation. The PEIR will include a description of the
proposals and baseline information (to date) and identify the potential
impacts of the development, as well as possible measures to reduce,
prevent or offset these. This will include information on the scope for
any associated land restoration, landscaping, other mitigation or
compensatory measures for natural habitats impact if required.
East Anglia THREE Limited intends to publish the PEIR towards the end
of the EIA process, in Spring / Summer 2014, in a form similar to a draft
Environmental Statement (ES). This will enable local communities to
have the most information possible to comment on the proposals prior
to the publication of the ES, and therefore help to shape the proposals
in advance of submission of the application to the Planning Inspectorate.
The SoCC further states:
EAOW has already commenced non-statutory and statutory consultation
with local authorities, in initial project discussions and in preparation of
this document. Following publication of this SoCC, East Anglia THREE
Limited will hold Public Information Days where members of the local
community can meet with the East Anglia THREE project team to discuss
how local views can be taken into account. Whilst non-statutory
community consultation will be ongoing throughout the development of
the project, EAOW request that comments on this initial phase of
Section 47 (statutory) consultation are received by 31st October 2013.
The overall consultation with the community will contribute to the
design of the project prior to the submission of the East Anglia THREE
application for consent to the Planning Inspectorate.
Events will be held in Autumn 2013, following the publication of this
document, and in Summer 2014 following the publication of the PEIR,
prior to the submission of the DCO application.
All Public Information Days will be publicised in the local press, harbour
notices, on the East Anglia THREE website, on posters and flyers
distributed locally and through direct correspondence with Parish
Councils and Community Organisations.
As well as being available on our website, East Anglia THREE Limited
intends to make paper copies of key planning documents available in
local libraries during the period in which they are being consulted. As
well as this document, these will include: the Scoping Report, the
Summary of Environmental Considerations – Onshore and Summary of
Environmental Considerations – Offshore, the PEIR and the ES and
related non-technical summary.
We will engage with local authorities and, where relevant, parish
councils and community groups local to the development area on the
location of the Public Information Days. This process will also enable us
to identify hard-to-reach groups within the local community such that
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 127
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they can be involved in the consultation process.
East Anglia Offshore Wind Website
This site provides information about the East Anglia Zone, its
development and the Planning Inspectorate Consultation Process:
http://www.eastangliawind.com/default.aspx
A project website accessed via the East Anglia Offshore Wind website
that is specific to the East Anglia THREE project and updated regularly:
http://eastangliathree.eastangliawind.com/
Reg 11 Pre-application publicity under
section 48 (duty to publicise)
Where the proposed application
for an order granting
development consent is an
application for EIA development,
the applicant must, at the same
time as publishing notice of the
proposed application under
section 48(1), send a copy of
that notice to the consultation
bodies and to any person
notified to the applicant in
accordance with regulation
9(1)(c).
The Applicant sent a copy of the Section 48 notice to all consultees as
defined in Section 42 and Section 44 in accordance with regulation
9(1)(c). A full list of these bodies can be found in Appendix 29 of the
Consultation Report
DCLG: Guidance on the pre-application process (January 2013)
15 The Government recognises,
however, that major
infrastructure projects and the
communities and environment
in which they are located will
vary considerably. A ‘one-size-
fits-all’ approach is not,
therefore, appropriate. Instead,
applicants, who are best placed
to understand the detail of their
specific project, and the relevant
local authorities, who have a
unique knowledge of their local
communities, should as far as
possible work together to
develop plans for consultation.
The key aim should be to ensure
that the amount of consultation
The requirements of Section 47 of the Planning Act 2008 (as amended)
have been fulfilled by the consultation of the draft SoCC and update to
the SoCC with the relevant Section 47 local authorities within whose
area the onshore development lies. [A number of other local authorities
were also consulted].
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 128
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undertaken, and who is
consulted, should be in
proportionate to the size and
scale of project and where its
impacts will be felt.
17 Consultation should be
thorough, effective and
proportionate. Applicants will
have their own approaches to
consultation and already have a
wealth of good practice on
which to draw. For example,
larger, more complex
applications will usually need to
go beyond the statutory
minimum timescales laid down
in the Planning Act to provide
enough time for consultees to
understand project proposals
and formulate a response. Many
proposals will require detailed
technical input, especially
regarding impacts, so sufficient
time will need to be allowed for
this. Consultation should also be
sufficiently flexible to respond to
the needs and requirements of
consultees, for example where a
consultee has indicated that
they would prefer to be
consulted via email only, this
should be accommodated as far
as possible.
The Applicant's consultation strategy took the form of an iterative
process of three phases of statutory consultation for Section 47
consultees and three stages of consultation for Section 42 consultees,
with non-statutory consultation between these phases/stages. The
consultation was timed to reflect key milestone sin the Project's
evolution, at points where responses could influence the design.
All statutory consultation periods under Sections 42, 47 and 48 of the
Planning Act 2008 (as amended) allowed the consultees more than the
statutory minimum of 28 days to response. In addition, Applicant
endeavoured to provide advance notice of statutory consultation
periods and accommodated all stakeholder requests about
communication methods, sending out information by post or
electronically as requested.
Informal consultation with technical consultees has been ongoing
throughout the pre-application process.
18 Sections 42-44 of the Planning
Act and secondary legislation set
out details of who should be
consulted, including local
authorities, the Marine
Management Organisation
(where appropriate), other
statutory bodies, and persons
having an interest in the land to
be developed. Section 47 in the
Planning Act sets out the
applicant’s statutory duty to
consult local communities. In
addition, applicants may also
wish to strengthen their case by
The Applicant consulted with prescribed consultees in accordance with
the consultees specified in the APFP Regulations as well as local
authorities and those persons identified under Section 44. A full list of
these bodies can be found at Appendix 29 of the Consultation Report
and the Book of Reference (Document reference 4.3)
In addition the Application consulted with non-prescribed organisations,
a full list of which can be found in Appendix29 of the Consultation
Report.
Members of the community, organisations and political organisations
and individuals were also consulted in accordance with the SoCC.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 129
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seeking the views of other
people who are not statutory
consultees, but who may be
significantly affected by the
project.
19 Where an applicant proposes to
include non-planning consents
within their Development
Consent Order, the bodies that
would normally be responsible
for granting these consents
should make every effort to
facilitate this… It is therefore
important that such bodies are
consulted at an early stage. In
addition, there will be a range of
national and other interest
groups who could make an
important contribution during
consultation. Applicants are
therefore encouraged to consult
widely on project proposals.
20 From time to time a body may
cease to exist but for legislative
timetabling reasons, may still be
listed as a statutory consultee. In
such situations the Secretary of
State will not expect strict
compliance with the statutory
requirements. Applicants should
identify any successor body and
consult with them in the same
manner as they would have with
the original body. Where there is
no obvious successor, applicants
should seek the advice of the
Inspectorate, who may be able
to identify an appropriate
alternative consultee. Whether
or not an alternative is
identified, the consultation
report should briefly note any
cases where compliance with
statutory requirements was
impossible and the reasons why.
[The Applicant was able to comply with statutory requirements;
however some bodies consulted changed over the course of the pre-
application process.]
21 Technical expert input will often
be needed in advance of formal
The Applicant engaged with technical consultees at an early stage,
before commencement of statutory consultation. The anticipated
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 130
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compliance with the pre-
application requirements. Early
engagement with these bodies
can help avoid unnecessary
delays and the costs of having to
make changes at later stages of
the process. It is equally
important that statutory
consultees respond to request
for technical input in a timely
manner. Applicants are
therefore advised to discuss and
agree a timetable with
consultees for the provision of
such inputs.
Project programme was communicated to Consultees. Further details
can be found in Chapter 9 of the Consultation Report.
25 Where an applicant decides to
consult people living in a wider
area who could be affected by
the project (e.g. through visual
or environmental impacts, or
through increased traffic flow),
that intention should be
reflected in the Statement of
Community Consultation.
Brown and May Marine will liaise with fishermen and fishermen’s
organisations on behalf of East Anglia THREE Limited through meetings
and project updates in its role as Fisheries Liaison Officer. Together East
Anglia THREE Limited and Brown and May have been holding meetings
with local and international stakeholders whereby all parties fisheries
likely to be impacted by the proposed development are able to have
their say.
26 […] prior to submitting their
draft Statement of Community
Consultation applicants may
wish to seek to resolve any
disagreements or clarifications
about the public consultation
design. An applicant is therefore
likely to need to engage in
discussions with local authorities
over a longer period than the
minimum requirements set out
in the Act.
Local Authorities were consulted informally on the development of the
SoCC prior to the formal consultation.
The early draft SoCC was sent on 30th
May 2013
The draft Update to the SoCC was sent on 28th
April 2015
30 Where a local authority raises an
issue or concern on the
Statement of Community
Consultation which the applicant
feels unable to address, the
applicant is advised to explain in
their consultation report their
course of action to the Secretary
of State when they submit their
application.
Comments on the SoCC and Update to the SoCC are recorded in Chapter
4 of the Consultation Report and Appendices therein along with regard
had to these responses by the Applicant.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 131
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31 Where a local authority decides
that it does not wish to respond
to a consultation request on the
Statement of Community
Consultation, the applicant
should make reasonable efforts
to ensure that all affected
communities are consulted. If
the applicant is unsure how to
proceed, they are encouraged to
seek advice from the
Inspectorate. However, it is for
the applicant to satisfy
themselves that their
consultation plan allows for as
full public involvement as is
appropriate for their project
and, once satisfied, to proceed
with the consultation.
The majority of local authorities requested to provide comments on an
early draft of the SoCC did so., Suffolk County Council responded on
behalf of Suffolk County Council, Suffolk Coastal District Council,
Babergh District Council, and Mid Suffolk district Council. The Planning
Inspectorate and MMO also provided informal comments on 30th
May
2013.
Responses of relevant local authorities to the statutory consultation on
the SoCC between 9th
August and 11th
September 2013 are provided at
Appendix [1 and 2] of the Consultation Report
Suffolk County Council also responded on behalf of Councils consulted
on the early draft update to the SoCC which was sent on 28th
April 2015.
Responses of the relevant local authorities to the statutory consultation
on the Update to the SoCC between 4th
May 2015 to 1st
June 2015 are
provided at Appendix 3.
Consultation on the SoCC and Update to the SoCC are more fully
explained in Chapter 4 of the Consultation Report.
Ipswich Borough Council did not provide comment on either the early
draft of the SoCC or the second draft of the SoCC when invited to do so.
EATL took regard of the position of Ipswich Borough Council and were
satisfied that all relevant consultee groups would be represented
through the consultation with Suffolk County Council and the District
Councils
32 Local authorities are also
themselves statutory consultees
for any proposed major
infrastructure project which is in
or adjacent to their area.
Applicants should engage with
them as early as possible to
ensure that the impacts of the
development on the local area
are understood and considered
prior to the application being
submitted to the Secretary of
State.
The Applicant consulted a number of local authorities under Section 42.
Details are provided in Chapter 11 and associated Appendices of the
Consultation Report.
The Applicant has also held informal discussions, for example through a
local authorities steering group, on the content of the draft DCO and
other application documents.
33 It will be important that any
concerns local authorities have
on the practicality of enforcing a
proposed Development Consent
Order are raised at the earliest
opportunity.
The Applicant has held informal discussions on the content of the draft
DCO which has included consideration of enforcement.
35 Applicants will also need to
identify and consult people who
own, occupy or have another
As required by Section 42 of the Planning Act 2008 (as amended)
consultation was undertaken with landowners and persons interested in
the land (as defined in the definition under sub-sections (1) to (6) of
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 132
Ref Requirement Compliance
interest in the land in question,
or who could be affected by a
project in such a way that they
may be able to make a claim for
compensation. This will give such
parties early notice of projects,
and an opportunity to express
their views regarding them.
Section 44 of the 208 Act
36 People should have as much
influence as is realistic and
possible over decisions which
shape their lives and
communities. It is therefore
critical that they are engaged
with project proposals at an
early stage.
Consultation has been undertaken over three years timed to reflect key
milestones in the Projects evolution at points where responses could
influence the design. The Project also benefits from the work done for
the East Anglia ONE Offshore Wind Farm and the East Anglia Zone in
general since approximately 2010.
Community engagement under Section 47 has been conducted in three
phases which, for phases IIa and III mirror those used for Section 42
consultation, and were as follows:
Phase 1 Consultation of the SoCC and introducing the project;
Phase IIa Consultation on the PEIR; and
Phase III – Consultation on construction phasing.
37 In consulting on project
proposals, an inclusive approach
is needed to ensure that
different groups have the
opportunity to participate and
are not disadvantaged in the
process. Applicants should use a
range of methods and
techniques to ensure that they
access all sections of the
community in question.
Consultation was taken forward to maximise involvement of
stakeholders using:
Website;
Public exhibitions;
Posters, notices and exhibitions in local libraries;
Newsletters and mailshots;
Public Information Days
Direct consultation with Parish Council's and Community
Organisations;
Publication of advertisement in local newspapers and the
Fishing News
Meetings held to specifically target fishermen on the cable
route;
Appearances on BBC Radio Suffolk prior to the East Anglia
THREE Public Information Days
The SoCC was also offered in large print, Braille and audio
forms on request
38 Applicants must set out clearly
what is being consulted on. They
must be careful to make it clear
to local communities what is
settled and why, and what
remains to be decided, so that
expectations of local
communities are properly
The SoCC and Update to the SoCC summarised the Project proposals and
outlined the matters on which the view of the local community was
sought. They also described the key elements of the Project.
The SoCC and Update to the SoCC explained each phase of consultation
and what was being consulted on.
At each stage of consultation documents were provided to provide
stakeholders with information on the project such as:
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managed. A short document
should be prepared by
applicants specifically for local
communities, summarising the
project proposals and outlining
the matters on which the view of
the local community is sought. It
should also describe the key
elements of the project, and
explain what the potential
benefits and impacts of the
projects might be. The document
should be written in clear,
accessible, and non-technical
language. Applicants should be
ready to make it available in
formats appropriate to the
needs of people with disabilities
if requested. There may be cases
where documents may need to
be made bilingually (for
example, Welsh, in applications
affecting Wales), but it is not the
policy of the Government to
encourage documents to be
translated into non-native,
foreign languages.
SoCC and Update to the SoCC;
Up to date technical and environmental information, such as
the PEI and Non-Technical Summary;
Public Information Day Boards;
CDs with project details;
Feedback forms
A project newsletter has also been used, see Appendix 28 of the
Consultation Report.
All relevant documents were provided on the project website for access
by members of the public.
Documents were offered in large print, Braille and audio forms on
request, however this was never requested.
39 Applicants are required to set
out in their Statement of
Community Consultation how
they propose to consult those
living in the vicinity of the land,
but they are encouraged to
consider consulting beyond this
where they think doing so may
provide more information on the
impacts of their proposals (e.g.
through visual impacts or
increased traffic flow).
Locations for Public Information Days (PIDs) were discussed with Local
Planning Authorities and selected on the basis of Project Impacts..
Bawdsey, Woodbridge and Bramford/Burstall were chosen as locations
for the PIDS for this reason and to minimise travel time for those living in
the vicinity of the land.. Further, these locations were selected to be in
the vicinity of those who may be impacted upon by the Project in
specific ways:
Bawdsey - near those residents affected by works associated
with cable landfall;
Bramford and Burstall – those most affected by the building of
onshore substations; and
Woodbridge as the midway point of the cable route between
Bawdsey and Bramford.
40 The Statement of Community
Consultation should act as a
framework for the community
consultation generally, stating
where and when events will be
taking place. The Statement of
The SoCC was displayed on the Project website and emails sent to those
Council's noted in Chapter 4 informing them of publication of the SoCC.
Hard copies of the SoCC were also held from 18 October 2013 to 1
December 2013 in the following libraries: Hadleigh; Woodbridge;
Felixstowe; and Ipswich County.
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Community Consultation should
be made available online, at any
exhibitions or other events held
by the applicants and should also
be placed at appropriate local
deposit points (e.g. libraries,
council offices) and sent to local
community groups as
appropriate.
The update to the SoCC was provided to Parish Council's along the cable
route and made available for public viewing at the Public Information
Days at Phase III Consultation and online at the Project's website.
41 Applicants are required to
publicise their proposed
application under section 48 of
the Planning Act… This publicity
is an integral part of the local
community consultation process.
Where possible, the first of the
two required local newspaper
advertisements should coincide
approximately with the
beginning of the consultation
with communities. However,
given the detailed information
required for the publicity in
secondary legislation, aligning
publicity with consultation may
not always be possible,
especially where a multi-stage
consultation is intended.
The proposed application for the Project was published in accordance
with Section 48 of the Act. The Section 48 Notices were published in
two stages:
Phase II(a) – The first coincided with the start of Section 47 Consultation
and Section 42 consultation on the PEIR; and
Phase III – The second coincided with Phase III Section 47 and Section 42
consultation on construction phasing.
During each phase of consultation Section 48 Notices were published in
local and national newspapers as noted in Chapter 7 of the Consultation
Report.
43 […] where an offshore project
also features land-based
development, the applicant
should treat the local authority
where the land-based
development is located as the
main consultee for the
Statement of Community
Consultation. The applicant is
also advised to consider seeking
views on the Statement of
Community Consultation from
local authorities whose
communities may be affected by
the project, for example visually
or through construction traffic,
even if the project is in fact some
distance from the area in
question. In addition, applicants
may find it beneficial to discuss
The following local authorities were consulted on the draft SoCC and
draft Update to SoCC:
Suffolk County Council;
Suffolk Coastal District Council;
Babergh District Council;
Mid-Suffolk District Council;
Ipswich Borough Council;
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their Statement of Community
Consultation with any local
authorities in the vicinity where
there could be an effect on
harbour facilities.
45 Applicants should ensure they
consider all the potential
impacts on communities which
are in the vicinity of the
proposed project. These are
unlikely to affect all communities
to the same degree but might
include potential visual,
environmental, economic and
social impacts.
The Applicant sought to obtain comments from stakeholders and
communities to the PEIR on any matters which might have implications
for the relevant communities.
46 Where the location of a
proposed offshore project is
such that the impacts on
communities are likely to be very
small or negligible, applicants
are still expected to inform
relevant coastal authorities and
communities of the proposed
project, and give them a chance
to take part in any consultation.
When deciding who to consult in
these situations, applicants are
encouraged to think laterally, by,
for example, identifying nearby
local authorities with busy
harbours, active fishing or sailing
/ water-sports communities or
key local environmental groups.
The Applicant's statutory consultation with local communities was open
to all those with an interest in the proposals. This included relevant
coastal authorities (who were consulted under Section 42 and on the
proposals in the SoCC and Update to the SoCC under Section 47) and
members of the community such as commercial fishermen.
47 Where there are no obvious
impacts on local communities,
applicants should consult the
local communities closest to the
proposed project. It may be that
there are impacts which are not
immediately obvious but which a
consultation can identify.
Equally, local communities may
have concerns, for example,
about environmental impacts,
and open engagement with the
applicant will allow them the
chance to express their concerns
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and to understand how these
concerns are being addressed.
48 Ultimately, applicants for
offshore projects should take a
pragmatic approach, consulting
in proportion to the impacts on
communities and the size of the
project, whilst ensuring that
relevant local communities are
kept informed about the
proposals and offered the
chance to participate in shaping
them. Applicants should use this
as a guiding principle for
consultation together with the
statutory requirements as set
out in the Planning Act.
50 To realise the benefits of early
consultation on a project, it must
take place at a sufficiently early
stage to allow consultees a real
opportunity to influence the
proposals. But equally,
consultees will need sufficient
information on a project to be
able to recognise and
understand the impacts
Consultation has been undertaken over three years, time to reflect key
milestones in the Project's evolution, at points where response could
influence the impacts.
The Applicant commenced formal Section 47 consultation as early as
practicable (from 2013) in order to understand concerns and comments
to influence the evolution of the Project and associated assessments,
where relevant and appropriate. Community engagement under
Section 47 has been conducted in three phases which, for phases IIa
and III mirror those used for Section 42 consultation:
Phase I Consultation on the SoCC and introducing the Project;
Phase IIa Consultation on the PEIR; and
Phase III Consultation on construction phasing.
Section 42 consultation was undertaken in three main phases as follows:
Phase IIa Consultation on the PEIR;- Section 42, Section 47 and
Section 48;
Phase IIb Consultation with a limited number of Section 42
consultees on amendments to accesses routes to the cable
corridor. This followed the access routes proposed during the
PEIR (Section 42 Phase IIa consultation.
Phase III Consultation on construction of the project in a single
or Two Phased approach – Section 42, Section 47 and Section
48.
51 Applicants will often also require
detailed technical advice from
consultees and it is likely that
their input will be of the greatest
value if they are consulted when
project proposals are fluid,
followed up by confirmation of
the approach as proposals
become firmer. In principle,
therefore, applicants should
undertake initial consultation as
soon as there is sufficient detail
to allow consultees to
understand the nature of the
project properly.
52 To manage the tension between
consulting early, but also having
project proposals that are firm
enough to enable consultees to
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comment, applicants are
encouraged to consider an
iterative, phased consultation
consisting of two (or more)
stages, especially for large
projects with long development
periods. For example, applicants
might wish to consider
undertaking informal early
consultation at a stage where
options are still being
considered. This will be helpful
in informing proposals and
assisting the applicant in
establishing a preferred option
on which to undertake formal
statutory public consultation.
53 Where an iterative consultation
is intended, it may be advisable
for applicants to carry out the
final stage of consultation with
persons who have an interest in
the land once they have worked
up their project proposals in
sufficient detail to identify
affected land interests.
An extensive consultation process with landowners and parties
interested in the land took place. The formal Section 42 consultation
included consultation with persons who have an interest in the land
under Section 44.
[On 23 October 2015 non-statutory requests for information were
issued under cover of a letter sent to all landowners identified as directly
affected by the Project. These requests asked for details of persons or
organisations with an interest in land or property within the cable
corridor and for further details of these parties.]
Further details of this are provided in section 9.5 of the Consultation
Report.
54 The Planning Act provides for a
minimum 28 day period for
consultation. It is expected that
this may be sufficient for
projects which are
straightforward and
uncontroversial in nature. But
many projects, particularly larger
or more controversial ones, may
require longer consultation
periods than this. Applicants
should therefore set
consultation deadlines that are
realistic and proportionate to
the proposed project.
The Applicant allowed a minimum of 28 days for responses to statutory
consultation periods. Where practical, this period was extended to allow
as full a consultation as possible.
55 Applicants are not expected to
repeat consultation rounds set
out in their Statement of
Although the Project proposals have been amended as a result of formal
and informal consultation they have not changed so substantially as to
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Community Consultation unless
the project proposals have
changed very substantially. For
example, where proposals
change to such a large degree
that what is being taken forward
is fundamentally different from
what was consulted on, further
consultation may well be
needed. This may be necessary
if, for example, new information
arises which renders all previous
options unworkable or invalid
for some reason. When
considering the need for
additional consultation,
applicants should use the degree
of change, the effect on the local
community and the level of
public interest as guiding factors.
require a repeat of the statutory consultation process.
Consultation on the Project has been ongoing in phases since May 2012
as noted above and specific consultation held on topics such as accesses
to the cable route and phasing of construction.
56 Where a proposed application
changes to such a large degree
that the proposals could be
considered a new application,
the legitimacy of the
consultation already carried out
could be questioned. In such
cases, applicants should
undertake further re-
consultation on the new
proposals, and should supply
consultees with sufficient
information to enable them to
fully understand the nature of
the change and any likely
significant impacts (but not
necessarily the full suite of
consultation documents), and
allow at least 28 days for
consultees to respond.
57 If the application only changes to
a small degree, or if the change
only affects part of the
development, then it is not
necessary for an applicant to
undertake a full re-consultation.
Where a proposed application is
amended in light of consultation
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responses then, unless those
amendments materially change
the application or materially
changes its impacts, the
amendments themselves should
not trigger a need for further
consultation. Instead, the
applicant should ensure that all
affected statutory consultees
and local communities are
informed of the changes.
58 Consultation should, however,
also be fair and reasonable for
applicants as well as
communities. To ensure that
consultation is fair to all parties,
applicants should be able to
demonstrate that the
consultation process is
proportionate to the impacts of
the project in the area that it
affects, takes account of the
anticipated level of local
interest, and takes account of
the views of the relevant local
authorities.
Consultation has been undertaken over three years, timed to reflect key
milestones in the Project's evolution, at points where responses could
influence the design. It was considered that this was an appropriate
approach, taking into account the level of interest and the Applicant's
objective of ensuring that comments on the Project were sought and
taken into account at each stage.
61 The consultation report should:
provide a general
description of the
consultation process
undertaken;
set out specifically what the
applicant has done in
compliance with the
requirements of the
Planning Act, relevant
secondary legislation, this
guidance, and any relevant
policies, guidance or advice
published by Government or
the Inspectorate;
set out how the applicant
has taken account of any
response to consultation
with local authorities on
what should be in the
The Applicant produced the Consultation Report, of which this
statement is the final chapter, and which included all matters set out in
paragraph 61 of the Consultation Report.
General description provided in section 1 and sections 12
Sections 6, 7, 9.5 and 11 set out specifically what EATL have done to
comply with Sections 47, 48, 44 and 42 of the Planning Act respectively.
Section 4 and Appendices 1, 2, 3 and 14 provide detail on how EATL
consulted on the SoCC, Report to inform the SoCC and Update to SoCC
with the local authorities and how their comments were taken into
account in the final versions provided in Appendix 4, 5 and 6.
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applicant’s statement of
community consultation;
set out a summary of
relevant responses to
consultation (but not a
complete list of responses);
provide a description of how
the application was
influenced by those
responses, outlining any
changes made as a result
and showing how significant
relevant responses will be
addressed;
provide an explanation as to
why responses advising on
major changes to a project
were not followed, including
advice from statutory
consultee on impacts;
where the applicant has not
followed the advice of the
local authority or not
complied with this guidance
or any relevant advice note
published by the
Inspectorate, provide an
explanation for the action
taken;
be expressed in terms
sufficient to enable the
Secretary of State to fully
understand how the
consultation process has
been undertaken and
significant effects addressed.
However, it need not include
full technical explanations of
these matters.
Sections 5 to 11 contain summaries of how consultee responded to
consultation. Appendices 38, 39 and 40 provide detailed consultee
responses to the three phases of Section 42 consultation.
Throughout this Consultation Report evidence if provided on how the
East Anglia THREE project was influenced by consultee responses.
Appendices 38, 39 and 40 contain detail on exactly how each consultee
response was addressed and / or how it affected the East Anglia THREE
project.
There were no responses from statutory consultees advising on major
changes to the project. Major changes to the substation design were
advised and these will be taken into consideration at the detailed design
phase. These responses are set out in Appendix 40.
EATL have followed advice provided by the local authority and the
Planning Inspectorate throughout the application phase. Certain
approaches have taken some discussion to agree a way forward but
ultimately the advice provided has been followed. Section 9 of this
report provides examples of these discussions and illustrates how advice
has been follow by EATL.
All sections of this Consultation Report are aimed at explaining how
EATL have undertaken their consultation. Further detail, if required is
provided within the Appendices 1 to 64.
62 It is important that those who
have contributed to the
consultation are informed of the
results of the consultation
exercise; how the information
received by applicants has been
used to shape and influence the
project; and how any
outstanding issues will be
addressed before an application
Periodically throughout the development of the East Anglia Zone thus
far EAOW have produced and circulated newsletters providing updates
on the different projects. An example of such newsletter is provided in
Appendix 28 of the Consultation Report. Throughout the development
of the project East Anglia THREE have also kept all members of the
public who have registered on project website up to date with periodic
emails examples of these can be found in Appendix 13 of the
Consultation Report
Landowners have also been kept up to date with the Project through
their appointed land agents or directly by the Applicant, as discussed in
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is submitted to the Inspectorate. Chapter 9.5 of the Consultation Report.
63 As with the consultation itself, it
is likely that different audiences
will require different levels of
information. The local
community may be particularly
interested in what the collective
view of the community is and
how this has been taken into
account. Consultees with
technical information will
require more detailed
information on what impacts
and risks have been identified,
and how they are proposed to
be mitigated or managed.
Non-technical summaries of the consultation documents were made
available during the consultation process. Further, through the Project
website and presence of Project staff at the PIDS various levels of
information has been provided to suit the particular recipient.
64 The consultation report may not
be the most appropriate format
in which to respond to the points
raised by various consultee
groups and bodies. Applicants
should therefore consider
producing a summary note in
plain English for the local
community setting out headline
findings and how they have been
addressed, together with a link
to the full consultation report for
those interested. If helpful, this
could be supplemented by
events in the local area.
The SoCC pointed to the project website which set out the details of the
project throughout the development process. Maildrops and
newsletters were also produced. An example of such newsletter is
provided in Appendix 28 of the Consultation Report. PIDs were held in
the local areas to engage local communities.
65 Response to points raised by
consultees with technical
information is likely to need to
focus on the specific impacts for
which the body has expertise.
The applicant should make a
judgement as to whether the
consultation report provides
sufficient detail on the relevant
impacts, or whether a targeted
response would be more
appropriate.
The Applicant has engaged extensively with technical consultees on
issued raised during pre-application consultation.
73 For the pre-application
consultation process, applicants
are advised to include sufficient
Consultation on the PEIR took place at the first stage of statutory
consultation. The PEIR was available on the Project website, in local
libraries and at the Phase IIa PIDs (both hard copies and available on CD
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preliminary environmental
information to enable consultees
to develop an informed view of
the project. The information
required will be different for
different types and sizes of
projects and it may differ
depending on the audience of a
particular consultation. The
preliminary environmental
information is not expected to
replicate or be a draft of the
environmental statement.
However, if the applicant
considers this to be appropriate
(and more cost-effective), it can
be presented in this way. The
key issue is that the information
presented must provide clarity
to all consultees. Applicants
should be careful not to assume
that non-specialist consultees
would not be interested in any
technical environmental
information. It is therefore
advisable to ensure access to
such information is provided
during all consultations.
to take away).
Further, at the non-statutory PIDs public exhibition boards (Appendices
16 and 23 of the Consultation Report) were used to explain the
Project. Also available at the PIDs were up to date technical and
environmental information, such as the Project Scoping Report and
summaries of environmental considerations (Appendices 9 and 10 of the
Consultation Report).
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 143
Table 15.2 East Anglia THREE Limited Completed Section 55 Acceptance of Applications Checklist5
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
1. s55(3)(a) and s55(3)(c) It is an application for an order granting development consent
1.1 Is the development a nationally significant infrastructure project62 (NSIP) (or
does it form part of an NSIP); and does the application state on the face of it that it
is an application for a development consent order7 (DCO) under the Planning Act
2008 (the PA2008), or equivalent words? Does the application specify the
development to which it relates (i.e. which category or categories in ss14-30 does
the application scheme fall)?
If the development does not fall within the categories in ss14-30, has a direction
been given by the Secretary of State under s35 of the PA2008 for the development
to be treated as development for which development consent is required?
Paragraph 1.2 of the Cover Letter to the Planning Inspectorate (Document 1.1) states:
Development consent is required to the extent that development is or forms part of a Nationally
Significant Infrastructure Project (NSIP) pursuant to section 14(1)(a) and 15(3) of the 2008 Act. As the
proposed windfarm is expected to have a capacity of up to 1,200 MW it is an NSIP for the purposes of
the 2008 Act. It is for this reason that East Anglia THREE falls within the remit of the Secretary of
State.
Summary – s55(3)(a) and s55(3)(c) The Application as submitted states on the face of it that it is an application for development consent
under the 2008 Act (as amended by the Localism act 2011)
2. s55(3)(e) The applicant in relation to the application made has complied with Chapter 2 of Part 5 (pre-application procedure)
2.1 Did the applicant before carrying out the s42 consultation either (a) request the
Secretary of State to adopt a screening opinion in respect of the development to
which the application relates, or (b) notify the Secretary of State in writing that it
proposed to provide an environmental statement in respect of that development8?
Yes
The Applicant requested a Scoping Opinion from the Planning Inspectorate in a letter accompanied
by a Scoping Report, the Scoping Report (Document 6.5), in November 2012.
5 References in this document to the Secretary of State include references (where applicable) to the Planning Inspectorate Major Applications and Plans Directorate which carries out
functions related to consenting nationally significant infrastructure projects on behalf of the Secretary of State 6 NSIP is defined generally in s14 with the detailed thresholds for each of the specified categories being set out in ss15-30
7 Development consent is required for development to the extent that the development is or forms part of an NSIP (s31 of the PA2008)
8 Regulation 6 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 144
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
No formal screening request was sought on the basis that the Applicant identified itself that the
Project constituted an "EIA development", per the Scoping Report (Document 6.5).
A Scoping Opinion (Document 6.6) was received form the Planning Inspectorate in December 2012.
As noted in the Consultation Report (Document 5.1) and Consultation Report Appendices
(Document 5.2), specifically Document 5.2 (41) and 5.2 (42), section 42 consultations did not
commence until June 2014.
2.2 Have any adequacy of consultation representations5 been received from “A”,
“B”, “C” and “D” authorities; and if so do they confirm that the applicant has
complied with the duties under s42, s47 and s48?
Not applicable. To follow post submission of the Application.
s42: Duty to Consult
2.3 Did the applicant consult the following about the proposed application:
s42(1)(a) persons prescribed9? Yes
Appendix 29 of the Consultation Report Appendices (Document 5.2 (29)) lists the statutory
consultees which the Applicant consulted under section 42(a) of the 2008 Act.
Section 11.3 of the Consultation Report (Document 5.1) sets out those organisations which the
Applicant did not consult with.
s42(1)(aa) the Marine Management Organisation10
? Yes
Appendix 29 to the Consultation Report (Document 5.2 (29)) Lists the statutory consultees which the
9 Statutory consultees set out in Schedule 1 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
10 In any case where the proposed development would affect, or would be likely to affect, any of the areas specified in s42(2) of the PA2008
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 145
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
Applicant consulted under section 42(1)(aa).
s42(1)(b) each local authority within s4311
? Yes.
Appendix 29 to the Consultation Report (Document 5.2 (29)) lists the statutory consultees which the
Applicant consulted under section 42(10(b) of the 2008 Act. The local authorities consulted under
Section 42 of the Act were:
"B" Authorities (a unitary or district council in which the Project is location)
• Babergh District Council,
• Suffolk Coastal District Council
• Mid Suffolk District Council
• Waveney District Council
• South Cambridgeshire District Council
• East Cambridgeshire District Council
• Tendring District Council
• Braintree District Council
• South Norfolk District Council
• Breckland District Council
"A" authorities (a unitary or district council which borders a "B" authority):
• Ipswich Borough Council,
• Colchester Borough Council
• Great Yarmouth Borough Council
• King's Lynn and West Norfolk Borough Council
11
Definition of “local authority” in s43(3): The “B” authority where the application land is in the authority’s area; the “A” authority where any part of the boundary of A’s area is also a part of the boundary of B’s area; the “C” authority (upper tier) where the application land is in that authority’s area; the “D” authority where such an authority shares a boundary with a “C” authority
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 146
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
"C" Authorities (a county council in which the Project is located):
• Suffolk County Council
• Essex County Council*
• Norfolk County Council*
• Cambridgeshire County Council
"D" Authorities (a county council which borders a "C" authority):
• Kirton & Falkenham Parish Council
• Tuddenham St. Martin Parish Council
• Swilland and Witnesham Parish Council
• Grundisburgh & Culpho Parish Council
• Martlesham Parish Council
• Ramsholt Parish Council
• Bawdsey Parish Council
• Alderton Parish Council
• Westerfield Parish Council
• Hemley Parish Council
• Newbourne Parish Council
• Waldringfield Parish Council
• Playford Parish Council
• Little Bealings Parish Council
• Great Bealings Parish Council
• Woodbridge Town Council
• Akenham Parish Meeting
• Bramford Parish Council
• Little Blakenham Parish Council
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 147
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
• Claydon and Whitton Parish Council
• Burstall Parish Council
• Hintlesham and Chattisham Parish Council
• Copdock and Washbrook Parish Council
• Sproughton Parish Council
• Flowton Parish Meeting
s42(1)(c) the Greater London Authority (if in Greater London area)? Not applicable.
s42(1)(d) each person in one or more of s44 categories12
? Yes.
Section 11.3.3 of the Consultation Report (Document 5.1) states:
"Land agreements sought on behalf of the East Anglia ONE project incorporate rights for the East
Anglia THREE works, so the majority of landowners affected were contacted extensively throughout
this process, and have been since 2011."
Section 11.3.4 of the Consultation Report (Document 5.1) states:
In the process of ongoing diligent inquiry leading up to the application, as is almost inevitable with
projects of this scale, the Applicant has identified a small number of additional parties not included in
the Section 42 consultation or the final circulation of consultation documents. These parties are
believed by the Applicant to have an interest under Section 44, but were discovered too late in the
process to be consulted at an earlier stage, either because of changes to ownership of land interests
since preparation for the Section 42 consultation completed, or as a result of the Applicant's ongoing
diligent enquiry into the land.
The Applicant will be writing on an individual basis to any such parties as soon as possible and will
provide them access to the consultation materials in the usual way. The Applicant intends to refresh
12
Category 1: owner, lessee, tenant or occupier of land; Category 2: person interested in the land or has power to sell and convey the land or to release the land; Category 3: person entitled to make a relevant claim. There is no requirement to check the accuracy of the list(s) or whether the applicant has made diligent inquiry
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 148
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
the searches and enquiries at Land Registry and Companies House at intervals through the process of
examination to make sure all affected parties are informed during that process and form part of the
Book of Reference. All of the information that has been gained by diligent inquiry and which is
relevant has been provided in the Book of Reference."
2.4 Did the applicant notify s42 consultees of the deadline for receipt of
consultation responses; and if so was the deadline notified by the applicant 28 days
or more starting with the day after receipt of the consultation documents?
Yes.
Phase IIa – consultation on the PEIR (27 May to 8 July 2014)
The PEIR report was sent to consultees on 23rd May 2014. The deadline for responses was 8th July
2014, which allowed a minimum of 28 days as per Section 45 of the Act. This letter is within
Appendix 42 of the Consultation Report Appendices (Document 5.2 (42))
Phase IIb – consultation on cable route Accesses (29 July 2014 to 9 September 2014)
Relevant letters are within Appendices 51 to 56 of the Consultation Report Appendices (Document
5.2 (51) to 5.2 (56))
Phase III – Consultation on phasing (19th
June 2015 to 23rd
July 2015)
Relevant letters are within Appendices 30 to 33 of the Consultation Report Appendices (Document
5.2 (30) to 5.2 (33))
Further detail on the consultation undertaken with s42 consultees by the Applicant is included in the
Consultation Report, section 11.7.4.1
s46 Duty to notify Secretary of State of proposed application
2.5 Did the applicant supply information to notify the Secretary of State of the
proposed application; and if so was the information supplied to the Secretary of
State on or before the date it was sent to the s42 consultees? Was this done on or
before commencing consultation under s42?
Yes
Phase IIa – consultation on the PEIR (27th
May to 8th
July 2014)
This letter is within Appendix 45 of the Consultation Report Appendices (Document 5.2(45))
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 149
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
Phase III – Consultation on phasing (19th
June 2015 to 23rd
July 2015)
The relevant letter is within Appendix 60 of the Consultation Report Appendices (Document
5.2(60)).
2.6 Did the applicant prepare a statement of community consultation (SOCC) on
how it intended to consult people living in the vicinity of the land?
Yes
SoCC
A Statement of Community Consultation was prepared in September 2013. The SoCC is reproduced
at Appendix 4 of the Consultation Report Appendices (Document 5.2 (4))
Update to the SoCC
An Update to the Statement of Community Consultation was prepared in May 2015. The Update to
the SoCC is reproduced at Appendix 6 of the Consultation Report Appendices (Document 5.2 (6))
2.7 Were “B” and (where relevant) “C” authorities consulted about the content of
the SOCC; and if so was the deadline for receipt of responses 28 days beginning
with the day after the day that “B” and (where applicable) “C” authorities received
the consultation documents?
Yes.
SoCC
Section 4 of the Consultation Report (Document 5.1) confirms that the host authorities were
consulted on the draft SoCC.
An early version of the SoCC was provided to the authorities on 30th
May 2013 with a deadline of 25th
June 2013. A formal draft of the SoCC was provided to the authorities on 9th
August 2013 with a
deadline of 11th
September 2013.
Update to the SoCC
Section 4 of the Consultation Report (Document 5.1) confirms that the host authorities were
consulted on the draft Update to the SoCC. A draft of the Update to the SoCC was provided to the
authorities on 4th
May 2015 with a deadline of 1st
June 2015.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 150
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
2.8 Has the applicant had regard to any responses received when preparing the
SOCC?
SoCC
Comments received on the SoCC from the relevant local authorities are summarised in section 4.4.2
of the Consultation Report (Document 5.1) and responses provided in full in Appendix 2 of the
Consultation Report Appendices (Document 5.2 (2)).
Update to the SoCC
Comments received on the draft Update to the SoCC are set out in Sections 4.7.1 and 4.7.2 of the
Consultation Report (Document 5.1).
2.9 Has the SoCC been made available for inspection in a way that is reasonably
convenient for people living in the vicinity of the land; and has a notice been
published in a newspaper circulating in the vicinity of the land which states where
and when the SOCC can be inspected?
Yes
SoCC
The list of newspapers in which the SoCC was placed is set out in section 4.6 of the Consultation
Report (Document 5.1) along with a list of libraries hosting the SoCC, public adverts are provided in
Appendix 12 of the Consultation Report Appendices (Document 5.2 (12)).
Update to the SoCC
The list of newspapers in which the SoCC was placed is set out in section 4.7 of the Consultation
Report (Document 5.1) public adverts are provided in Appendix 12 of the Consultation Report
Appendices (Document 5.2 (12)). The Update to the SoCC was also made available at public
information days and to relevant Parish Councils.
2.10 Does the SOCC set out whether the development is EIA development13
; and
does it set out how the applicant intends to publicise and consult on the
preliminary environmental information?
Yes
SoCC
The SoCC reproduced at Appendix 4 of the Consultation Report Appendices (Document 5.2 (4))
13
Regulation 10 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 151
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
confirms that the development is EIA development.
The SoCC also sets out how the Preliminary Environmental Information Report will be published and
consulted upon.
Update to the SoCC
The Update to the SoCC reproduced at Appendix 6 of the Consultation Report Appendices
(Document 5.2 (6)) confirms that the development is EIA development.
2.11 Has the applicant carried out the consultation in accordance with the SOCC? Yes
The Applicant has set out in Chapter 6 of the Consultation Report (Document 5.1) how it has
complied with the obligations set out in the SoCC and Update to the SoCC.
s48: Duty to publicise the proposed application
2.12 Did the applicant publish a notice, as required by Regulation 4(2) of The
Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations
2009 (the APFP Regulations):
(a) for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development would be situated;
Yes
The Applicant published section 48 notices in May/June 2014 and 2015.
The Applicant confirms that the document Copies of statutory notices published in relation to East
Anglia THREE (Document 1.3) provides dated copies of the s48 notices published in:
• East Anglian Daily Times
• Eastern Daily Press
• Ipswich Star
Further information is provided in section 7 of the Consultation Report (Document 5.1).
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 152
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
(b) once in a national newspaper; Yes
The Applicant published section 48 notices in May 2014 and June 2015.
The Applicant confirms that as in the document Copies of statutory notices published in relation to
East Anglia THREE (Document 1.3) that the notices were published in The Times (27th
May 2014 and
18th
June 2015)
Further information is provided in section 7 of the Consultation Report (Document 5.1).
(c) once in the London Gazette and, if land in Scotland is affected, the Edinburgh Gazette; and
Yes
The Applicant published section 48 notices in May 2014 and June 2015.
The Applicant confirms that in the document Copies of statutory notices published in relation to
East Anglia THREE (Document 1.3) that the notices were published in The London Gazette (27th
May
2014 and 18th
June 2015)
Further information is provided in section 7 of the Consultation Report (Document 5.1).
(d) where the proposed application relates to offshore development –
(i) once in Lloyds List; and
(ii) once in an appropriate fishing trade journal?
Yes
The Applicant published section 48 notices in May 2014 and June 2015.
The Applicant confirms that in the document Copies of statutory notices published in relation to
East Anglia THREE (Document 1.3) that the notices were published in following newspapers:
• Lloyds List (27th
May 2015 & 18th
June 2015)
• Fishing News (30th
May 2014 & 12/19th
June 2015)
Further information is provided in section 7 of the Consultation Report (Document 5.1).
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 153
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
2.13 Did the notice include, as required by Regulation 4(3) of APFP Regulations:
(a) The name and address of the applicant; Yes
The notice is reproduced in Appendices 15, 22 and 24 of the Consultation Report Appendices
(Document 5.2(15), Document 5.2 (22) and Document 5.2 (24)), see also Copies of statutory notices
published in relation to East Anglia THREE Offshore Windfarm (Document 1.3).
(b) a statement that the applicant intends to make an application for development consent to the Secretary of State;
Yes
The notice is reproduced in Appendices 15, 22 and 24 of the Consultation Report Appendices
(Document 5.2(15), Document 5.2 (22) and Document 5.2 (24)), see also Copies of statutory notices
published in relation to East Anglia THREE Offshore Windfarm (Document 1.3).
(c) a statement as to whether the application is EIA development; Yes
The notice is reproduced in Appendices 15, 22 and 24 of the Consultation Report Appendices
(Document 5.2(15), Document 5.2 (22) and Document 5.2 (24)), see also Copies of statutory notices
published in relation to East Anglia THREE Offshore Windfarm (Document 1.3).
(d) a summary of the main proposals, specifying the location or route of the proposed development;
Yes
The notice is reproduced in Appendices 15, 22 and 24 of the Consultation Report Appendices
(Document 5.2(15), Document 5.2 (22) and Document 5.2 (24)), see also Copies of statutory notices
published in relation to East Anglia THREE Offshore Windfarm (Document 1.3).
(e) a statement that the documents, plans and maps showing the nature and location of the proposed development are available for inspection free of charge at the places (including at least one address in the vicinity of the proposed development) and times set out in notice;
Yes
The notice is reproduced in Appendices 15, 22 and 24 of the Consultation Report Appendices
(Document 5.2(15), Document 5.2 (22) and Document 5.2 (24)), see also Copies of statutory notices
published in relation to East Anglia THREE Offshore Windfarm (Document 1.3).
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 154
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
(f) the latest date on which those documents, plans and maps will be available for inspection (being a date not earlier than the deadline in sub-paragraph (i));
Yes
The notice is reproduced in Appendices 15, 22 and 24 of the Consultation Report Appendices
(Document 5.2(15), Document 5.2 (22) and Document 5.2 (24)), see also Copies of statutory notices
published in relation to East Anglia THREE Offshore Windfarm (Document 1.3).
(g) whether a charge will be made for copies of any of the documents, plans or maps and the amount of any charge;
Yes
The notice is reproduced in Appendices 15, 22 and 24 of the Consultation Report Appendices
(Document 5.2(15), Document 5.2 (22) and Document 5.2 (24)), see also Copies of statutory notices
published in relation to East Anglia THREE Offshore Windfarm (Document 1.3).
(h) details of how to respond to the publicity; and
Yes
The notice is reproduced in Appendices 15, 22 and 24 of the Consultation Report Appendices
(Document 5.2(15), Document 5.2 (22) and Document 5.2 (24)), see also Copies of statutory notices
published in relation to East Anglia THREE Offshore Windfarm (Document 1.3).
(i) a deadline for receipt of those responses by the applicant, being not less than 28 days following the date when the notice is last published?
Yes
The notice is reproduced in Appendices 15, 22 and 24 of the Consultation Report Appendices
(Document 5.2(15), Document 5.2 (22) and Document 5.2 (24)), see also Copies of statutory notices
published in relation to East Anglia THREE Offshore Windfarm (Document 1.3).
2.14 Has a copy of the s48 notice been sent to the EIA consultation bodies and to
any person notified to the applicant in accordance with Regulation 9(1)(c) of The
Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the
EIA Regulations)14
Yes
The Applicant published Section 48 notices in May 2014 and June 2015.
In accordance with Regulation 11 of the EIA Regulations, the Section 48 notice was sent to the
Section 42 consultees on 27th May 2014 along with letters presented in Appendices 41, 42, 44 and
14
Regulation 11 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 155
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
45 of the Consultation Report Appendices (Document 5.2 (41), Document 5.2 (42), Document 5.2
(44) and Document 5.2 (45)).
In accordance with Regulation 11 of the EIA Regulations, the Section 48 notice was sent to the
Section 42 consultees on 12th
June 2015 along with letters presented in Appendices 30 to 33 of the
Consultation Report Appendices (Document 5.2 (30) to Document 5.2 (33)).
s49: Duty to take account of responses to consultation and publicity
2.15 Has the applicant had regard to any relevant responses to the s42, s47 and s48
consultation?
Yes
Section 42 responses are considered in Chapter 11 of the Consultation Report (Document 5.1).
Section 47 responses are considered in Chapter 6 of the Consultation Report (Document 5.1).
As Section 48 consultation occurred at the same time as Section 47 consultation was ongoing, the
Applicant is unable to distinguish between responses received as a result of publicity under either
section but has nonetheless had regard to responses received.
Guidance about pre-application procedure
2.16 To what extent has the applicant had regard to DCLG guidance ‘The Planning
Act 2008: Guidance on the pre- application process’15
?
Compliance with DCLG guidance is summarized in Chapter 15 of the Consultation Report (Document
5.1).
3. s55(3)(f) and s55(5A) The application (including accompaniments) achieves a satisfactory standard having regard to the extent to which it complies with section
37(3) (form and contents of application) and with any standards set under section 37(5) and follows any applicable guidance under section 37(4)
3.1 Is it made in the prescribed form as set out in Schedule 2 of the APFP Yes
15
The Secretary of State must have regard to the extent to which the applicant has had regard to guidance issued under s50.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 156
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
Regulations, and does it include:
• a brief statement which explains why it falls within the remit of
the Secretary of State; and
• a brief statement that clearly identifies the location of the
application site, or the route if it is a linear scheme?
See Cover Letter to the Planning Inspectorate (Document 1.1).
See Application Form for the East Anglia THREE Offshore Windfarm (Document 1.2).
3.2 Is it accompanied by a consultation report? Yes. The application is accompanied by a Consultation Report (Document 5.1) and Consultation
Report Appendices (Document 5.2).
3.3 Is it accompanied by the documents and information set out in APFP Regulation
5(2) and listed below:
(a) where applicable, the environmental statement required under the EIA Regulations and any scoping or screening opinions or directions;
Yes.
Environmental Statement (Document 6.1);
Figures (Document 6.2);
Technical Appendices (Document 6.3);
Non-technical Summary (Document 6.4);
Scoping Report (Document 6.5);
Scoping Opinion (Document 6.6).
(b) the draft proposed order; Yes. A Draft proposed Development Consent Order (Document 3.1), including Deemed Marine
Licences, has been provided with the application.
(c) an explanatory memorandum explaining the purpose and effect of provisions in the draft order;
Yes. An Explanatory Memorandum (Document 3.2) has been provided along with the application.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 157
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
(d) where applicable, a book of reference (where the application involves any compulsory acquisition);
Yes. A Book of Reference (Document 4.3 (a) to (e)) has been provided along with the application.
(e) a copy of any flood risk assessment; Yes. The Flood Risk Assessment, Appendix 21.2 of the Environmental Statement Technical
Appendices (Document 6.3.21 (2)) has been provided along with the application.
(f) a statement whether the proposal engages one or more of the matters set out in section 79(1) of the Environmental Protection Act 1990 (statutory nuisances) and if so how the applicant proposes to mitigate or limit them;
Yes.
A Statement of Engagement with Section 79(1) of the Environmental Protection Act 1990
(Document 5.3) has been provided along with the application.
It is not expected that the construction or operation of the Project would engage Section 79(1) by
causing statutory nuisances, however the draft Development Consent Order (Document 3.1)
contains a provision at Article 7 to provide a defence to proceedings for statutory nuisance.
The Statement of Engagement with Section 79(1) of the environmental Protection Act 1990
(Document 5.3) sets out the proposed mitigation measures regarding statutory nuisance and notes
how these will be incorporated into the DCO.
(g) any report identifying any European site(s) to which regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994
16 applies; or any
Ramsar site(s), which may be affected by the proposed development, together with sufficient information that will enable the Secretary of State to make an appropriate assessment of the implications for the site if required by regulation 48(1);
Yes. Report to inform Habitats Regulations Assessment (Document 5.4)
(h) a statement of reasons and a funding statement (where the application involves any compulsory acquisition);
Yes. A Statement of Reasons (Document 4.1) has been provided.
16
Now Regulation 61 of the Conservation of Habitats and Species Regulations 2010 SI2010/490.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 158
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
(i) a land plan identifying:- (i) the land required for, or affected by, the proposed
development;
(ii) where applicable, any land over which it is proposed
(iii) water bodies in a river basin management plan, together with
an assessment of any effects on such sites, features, habitats or bodies
likely to be caused by the proposed development;
Yes.
Land Plans (Document 2.2 (a) to (c))
Plan Showing Special Category Land Plan (Document 2.3)
(j) a works plan showing, in relation to existing features:-
(i) the proposed location or (for a linear scheme) the proposed
route and alignment of the development and works; and
(ii) the limits within which the development and works may be
carried out and any limits of deviation provided for in the draft order;
Yes. Works Plan (Document 2.4 (a) and (b))
(k) where applicable, a plan identifying any new or altered means of access, stopping up of streets or roads or any diversions, extinguishments or creation of rights of way or public rights of navigation;
Yes.
Access to Works Plan (Document 2.5(a) and (b))
Temporary Stopping Up of Public Rights of Way Plan (Document 2.6(a) and (b))
(l) where applicable, a plan with accompanying information identifying:-
(i) any statutory/non-statutory sites or features of nature
conservation e.g. sites of geological/ landscape importance;
(ii) habitats of protected species, important habitats or other
diversity features; and
(iii) water bodies in a river basin management plan, together with
an assessment of any effects on such sites, features, habitats or bodies
Yes.
Statutory or Non-Statutory Sites or Features of Nature Conservation Plan (Document 2.7(a) and
(b)).
An assessment of any effects on such sites, features, habitats or bodies likely to be caused by the
proposed development is contained within Volume 1of the Environmental Statement (Document
6.1) in the following chapters:
Chapter 7 Marine Geology, Oceanography and Physical Processes;
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 159
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
likely to be caused by the proposed development; Chapter 10 Benthic Ecology;
Chapter 11 Fish and Shellfish Ecology;
Chapter 12 Marine Mammal Ecology;
Chapter 13 Offshore Ornithology;
Chapter 19 Geology and Ground Conditions;
Chapter 23 Terrestrial Ecology;
Chapter 24 Onshore Ornithology.
(m) where applicable, a plan with accompanying information identifying any statutory/non-statutory sites or features of the historic environment, (e.g. scheduled monuments, World Heritage sites, listed buildings, archaeological sites and registered battlefields) together with an assessment of any effects on such sites, features or structures likely to be caused by the proposed development;
Yes
Plan showing statutory or non-statutory historic or scheduled monument sites/features of the
historic environment (Document 2.8(a) and (b)).
An assessment of any effects on such sites, features or structures likely to be caused by the proposed
development is contained in the following documents:
Volume 1, Chapter 25 Onshore Archaeology and Cultural Heritage of the Environmental Statement
(Document 6.1.25).
(n) where applicable, a plan with any accompanying information identifying any Crown land;
Yes
Plan showing any Crown land (Document 2.9(a) and (b)).
(o) any other plans, drawings and sections necessary to describe the development consent proposal showing details of design, external appearance, and the preferred layout of buildings/structures, drainage, surface water management, means of vehicular and pedestrian access, any car parking and landscaping;
Yes.
The Applicant has identified the plans that have been supplied under Regulation 5(2)(o) of the APFP
Regulations in Box 23 of the Application Form for the East Anglia THREE Offshore Windfarm
(Document 1.2);
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 160
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
Location plan (Document 2.1(a) and (b));
Important Hedgerows plan (Document 2.10);
Radar line of sight coverage plan (Document 2.11);
East Anglia ONE and East Anglia THREE Offshore Overlay Plan (Document 2.12).
(p) any of the documents prescribed by Regulation 6 of the APFP Regulations
17
Yes
The Applicant has confirmed in Box33 of the Application Form for the East Anglia THREE Offshore
Windfarm (Document 1.2) the documents that must accompany the application.
"For an offshore generating station, Regulation 6(1)(b) requires details of the proposed route and
method of installation for any cable and a statement as to whether applications will be made for
safety zones to be provided. Further details can be found below and in the following documents:
Cable Statement (Document 7.1);
Safety Zone Statement (Document 7.2).
(q) any other documents considered necessary to support the application; and
Yes.
Application Form (Document 1.2);
Cover letter to the Planning Inspectorate (Document 1.1);
Section 132 Statement (Document 4.4);
Consents and licences required under other legislation (Document 5.5);
Schedule of Mitigation (Onshore) (Document 6.7);
17
These are documents which are relevant to specific types of project (generating stations, highway related development, railways, harbour facilities, pipelines, hazardous waste facilities, dam or reservoirs). Confirm in each case the type of project and the relevant documents which must be included with the application in each case
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 161
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
Schedule of Mitigation (Offshore) (Document 6.8);
Outline Code of Construction Practice (Document 8.1);
Planning Statement (Document 8.2);
Design and Access Statement (Document 8.3);
Outline written scheme of investigation (Onshore) (Document 8.4);
Outline written scheme of investigation (Offshore)(Document 8.5);
Outline landscape and ecological management strategy (Document 8.6);
Outline traffic management plan (Document 8.7);
Outline travel plan (Document 8.8);
Outline access management plan (Document 8.9);
Outline offshore operations and maintenance plan (Document 8.10);
Outline navigation monitoring strategy (Document 8.11);
In principle monitoring plan (Document 8.12);
Draft Great Crested Newt licence application (Document 8.13);
Health Impact Review (Document 8.14);
Draft Marine Mammal Mitigation Protocol (Document 8.15);
Outline Temporary Works Reinstatement Plan (Document 8.16);
Offshore Construction Environmental Management Plan (Document 8.17);
Site Characterisation Report (Document 8.18);
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 162
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
(r) if requested by the Secretary of State, two paper copies of the application form and other supporting documents and plans.
Yes
Two paper copies of the Application Form and application documents were submitted to the Planning
Inspectorate on 18th
November 2015.
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 163
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
3.4 Are the plans, drawings or sections submitted A0 size or smaller, drawn to an
identified scale (not smaller than 1:2,500 on land) and, in the case of plans, show
the direction of north18
?
No.
All plans and drawings are A0 size and each plan shows the north arrow.
All plans displayed a revision.
All plans are submitted at a scale of 1:2500 apart from the following (excluding key plans):
• Location plan (Document 2.1 (a) to (b));
• Land plan (Document 2.2(a) to (c));
• Plan showing special category land (Document 2.3)
• Works plan (Document 2.4(a) to (b));
• Temporary stopping up of public rights of way plan (Document 2.6(a) to (b));
• Plan of statutory/non-statutory sites or features of nature conservation
(Document 2.7(a) to (b));
• Plan showing statutory or non-statutory or scheduled monument sites/features
of the historic environment (Document 2.8(a) to (b));
• Plan showing any Crown land (Document 2.9(a) to (b));
• Important Hedgerows plan (Document 2.10);
• Radar line of sight coverage plan (Document 2.11);
• East Anglia ONE and East Anglia THREE offshore overlay plan (Document 2.12).
3.5 Where a plan comprises three or more separate sheets has a key plan been Yes.
18
Regulation 5(3) of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 164
Section 55(3) – the Secretary of State may only accept an application if
the Secretary of State concludes that:-
Applicant's Comments
provided showing the relationship between the different sheets19
? In all instances where three or more separate sheets comprise a plan a key plan is provided showing
the relationship between different sheets.
3.6 Has the applicant had regard to DCLG guidance ‘Planning Act 2008: Application
form guidance’, and has this regard lead to the application being prepared to a
standard that the Secretary of State considers satisfactory?
This guidance has been followed by the Applicant.
Summary - s55(3)(f) and s55(5A) It is considered that the application is in compliance with the requirement s, save for the offshore
plans which are provided at a scale because the development covers a very large area of sea. These
plan still show with sufficient accuracy the limits within which the proposed development may be
carried out, when taken together with the grid coordinates in the draft Order.
The Infrastructure Planning (Fees) Regulations 2010 (SI106)
Was the fee paid at the same time that the application was made? The fee was paid to the Planning Inspectorate on 15th
October 2015.
The Consultation Report Ends Here
19
Regulation 5(4) of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009