1.2 Berwick Bank Wind Farm – scale and potential
1.2.1 The Berwick Bank Wind Farm will result in development of the remaining ‘developable’ parts of the Firth of Forth Round 3 Zone. Having initially considered developing the Proposed Development as two separate projects (Marr Bank (previously named ‘Seagreen 3’) and the 2020 Berwick Bank (previously named ‘Seagreen 2’) it became apparent that delivery of the full 4.1 GW capacity by the early 2030’s could only be achieved through the development of one single larger project, the Berwick Bank Wind Farm.
1.2.2 Having initially combined the Marr Bank and 2020 Berwick Bank projects into the single Berwick Bank Wind Farm Project in 2021 (SSER, 2021a), the Applicant progressed further studies to explore options for further refining the Project boundary with the principal objective of reducing the potential for adverse effects on the environment. This cumulated in a 23% reduction in the Project boundary presented in the Berwick Bank Wind Farm Offshore Scoping Report (SSER, 2021a). The changes focused on the west and northern areas of the Proposed Development array area where the boundary was realigned to reduce the extent of overlap with areas identified from baseline surveys and desk studies as being of importance to seabirds and sandbank features of the Firth of Forth Banks Complex Nature Conservation Marine Protected Area (ncMPA). The southwest boundary was also realigned to increase the distance between the Proposed Development array area and the adjacent Outer Firth of Forth and St Andrew’s Bay SPA by 2 km.
1.2.3 The boundary change was also beneficial in mitigating potential effects on commercial fisheries (reducing the area of the array area and overlap with important fishing grounds), shipping and navigation (by increasing the distance between the Proposed Development array area and other offshore wind farm projects in the Firth of Forth and reducing potential for interaction with key shipping routes) and Seascape, Landscape and Visual receptors by increasing the distance of the Proposed Development array area from the coast.
1.2.4 Following the boundary change the Proposed Development array area for the Berwick Bank Wind Farm is now only 30.8% larger than the 2020 Berwick Bank project (1,010.2 km2 compared to 775 km2), whereas the maximum generating capacity of the Proposed Development array area has increased by 78.3% (4.1 GW compared to 2.3 GW). The maximum number of turbines required to generate 4.1 GW has also only increased by 26.9% (307 compared to 242) as a result of using larger wind turbines.
1.2.5 The extent of the boundary change is illustrated in Figure 1 below. Further detail on the establishment of the Firth of Forth Zone and subsequent evolution of the Berwick Bank Wind Farm is presented in the EIA Report Volume 1, Chapter 4 Site Selection and Alternatives.
Figure 1.1: Berwick Bank Wind Farm
1.2.6 Developing the Berwick Bank Wind Farm as a single project enables the Project to maximise development of the remaining generation within the Firth of Forth Zone. At 4.1GW, the Project offers important opportunities to deliver a significant volume of renewable energy to attain climate targets in a short timescale (by the early 2030s). (This is an important consideration at a time when delivering enhanced renewable generation to meet extended climate targets is a critical policy priority – in particular the Scottish interim targets of reducing emissions by 75% by 2030.
1.2.7 Given the long history of the evolution of projects within the Firth of Forth Zone substantive advanced site investigations and surveys have been conducted to better understand both the technical conditions and potential environmental impacts associated with the Proposed Development and to identify measures for reducing any adverse effects to a minimum where possible. Development of the full 4.1GW is therefore secure in terms of engineering risk and deliverability and offers significant benefits to consenting smaller, higher risk generation projects in varying locations as alternatives.
1.2.8 Proposing to develop as large an installed capacity as possible in one location, while respecting the planning balance and required mitigations associated with the Project, whilst continuing to pursue opportunities to bring forward connections dates enables a big step towards closing the gap to increasing global renewables capacity by 2030 as agreed at COP26.
1.2.9 No other emerging offshore wind projects in Scotland have the advantage of being as advanced in their technical investigations to ensure delivery of this scale of capacity within the timescales required. Failing to deliver the full capacity at Berwick Bank within this single consent would not be consistent with, and does not support delivery against, international commitments made by the UK (including Scotland) at COP26, nor with Scottish and UK Climate Change policy and legislative provisions.
1.2.10 Berwick Bank is the last project that can be developed from the Crown Estate’s Offshore Wind Lease Round 3 Zones (of which there are only two in Scotland) (and is significantly larger than any other remaining projects) and the project will effectively plug the gap between the remaining Scottish terrestrial waters projects (Inch Cape and NnG) and Moray West, the last of the Moray Firth Projects, coming online in the next few years, and the development of the ScotWind projects.
1.2.11 Furthermore, by proposing to develop as large a capacity as possible at Berwick Bank, the proposal brings forward an important opportunity and potential for supply chain investment in Scotland consistent with policy by supporting an expanding domestic market in Scotland-based support services in readiness for both ScotWind and international project support.
1.3 Project Description
1.3.1 Volume 1, Chapter 3 of the EIA Report provides a description of the Proposed Development. The description is based on design work undertaken to date and current understanding of the associated environment from site-specific survey work. Individual components of the Proposed Development, and associated activities with construction, operation and maintenance and decommissioning are described. A summary is provided below.
The Proposed Development – Approach and Description of Elements
1.3.2 The Applicant has followed the project design envelope (PDE) approach. The Proposed PDE has been designed to include sufficient flexibility to accommodate further project refinement during the final design stage. This approach is in line with Scottish Government (2013) guidance and is also compliant with guidance prepared by Marine Scotland and the Energy Consents Unit in June 2022 for applicants using the design envelope for applications under section 36 of the Electricity Act 1989.
1.3.3 The Proposed Development boundary covers an offshore area of 1,178.1 km2. this area includes:
> The Proposed Development array area (1,010.2 km2), where the offshore wind farm will be located, which will include the wind turbines, wind turbine foundations, array cables and a range of offshore substation and interconnector cables; and
> The Proposed Development export cable corridor up to MHWS (167.9 km2), where the offshore electrical infrastructure such as the offshore export cable(s) will be located.
1.3.4 The maximum seabed depth is recorded at two locations where deep channels cut into the seabed east and west of the central point array areas and is 68.5m Lowest Astronomical Tide (LAT). The shallowest area is observed in the west array areas at 33.4m LAT. The average seabed depth across the array area is 51.7 below LAT.
1.3.5 The Proposed Development export cable corridor commences at the southern/south-western boundary of the Proposed Development array area and makes landfall at Skateraw on the East Lothian coast.
1.3.6 The Applicant has a 50-year lease agreement with the Crown Estate and is applying for a 35 year operational period.
1.3.7 The key offshore elements of the Proposed Development (seaward of MHWS) include:
> Up to 307 wind turbines (each comprising a tower section, nacelle and three rotor blades) and associated support structures and foundations;
> Up to 10 Offshore Substation Platforms (OSPs) / Offshore Convertor Station Platforms and associated support structure and foundations to accommodate for a combined High Voltage Alternating Current (HVAC) High Voltage Direct Current (HVDC) transmission system solution or an HVDC solution;
> Estimated scour protection area of up to 10,984 m2 per wind turbine and 11,146 m2 per OSP/Offshore convertor station platforms;
> A network of inter-array cabling linking the individual wind turbines to each other and to the OSP/Offshore convertor station platforms, plus inter -connections between OSPs / Offshore convertor station platforms (approximately 1,225 km of inter-array cabling and 94 km of interconnector cabling); and,
> Up to eight offshore export cables connecting the OSPs /Offshore convertor station platforms to landfall at Skateraw. Offshore export cable design includes both HVAC and HVDC solutions.
1.3.8 The onshore elements are considered separately and are therefore not addressed within this Report.
1.3.9 Figure 1.2 illustrates a diagrammatic indicative overview of the Project.
Figure 1.2 Indicative Project Overview
1.3.10 Further descriptive details of each element of the Proposed Development are provided in Volume 1, Chapter 3 of the EIA Report along with preliminary indicative layouts.
1.3.11 The following paragraphs provide a summary of the key stages of development:
Site Preparation Activities
1.3.12 A number of site preparation activities will be required in both the array and the export cable corridor areas. Site preparatory works are assumed to begin nine months prior to the first activities within the Proposed Development array areas and continue as required throughout the construction programme. These activities include:
> Pre-Construction surveys;
> Clearing of unexploded ordnance:
> Sand wave clearance;
> Boulder clearance; and,
> Vessels for site preparation activities.
Construction Phase
1.3.13 Construction of the Proposed Development will follow the general sequence presented below. Further detail on each of these steps is provided in Volume 1, Chapter 3 of the EIA Report (Project Description):
> Step 1 – offshore export cable – landfall installation;
> Step 2 – foundation installation and scour protection installation;
> Step 3 - OSP topside installation / commissioning;
> Step 4 – inter-array and interconnector cable installation and cable protection installation;
> Step 5 – offshore export cables – offshore installation and cable protection installation; and,
> Step 6 – wind turbine installation / commissioning.
1.3.14 The construction activities associated with the Proposed Development are anticipated to commence in 2024 and will last for up to 96 months. The decommissioning process is likely to follow a similar programme to construction, in a reverse manner.
Operation and Maintenance Phase
1.3.15 The overall operation and maintenance strategy will be finalised once baseline location and technical specifications are known. The offshore operation and maintenance will however be both preventative and corrective. The strategy will include an onshore (harbour based) operation and maintenance base, supported by a Service Operation Vehicle (SOV) and / or Crew Transfer Vessel (CTV) logistics strategy.
Decommissioning Phase
1.3.16 Developers are required by legislation to prepare a decommissioning programme for approval by Scottish Ministers. A Section 105 notice is issued to developers by the regulator after consent or marine licences are issued. Developers are then required to submit a detailed plan for decommissioning works, including anticipated costs and financial securities. The plan will be consulted on with relevant stakeholders and will be made publicly available.
1.3.17 At the end of the operational lifetime of the Proposed Development, it is anticipated that all structure above the seabed or ground level will be completely removed where this is feasible and practicable. This will be kept under review depending on current legislation and guidance requirements at that time. A similar approach will be taken for cables and associated infrastructure with the aim for removal.
1.3.18 There is also potential for repowering, and this would be addressed via appropriate consenting applications in advance of termination of the current lifespan if desired. At this time, if this option was to be progressed, it is not expected that repowering would require any removal of existing or installation of new offshore cables.
1.4 Structure of this Planning Statement
1.4.1 This Planning Statement has been structured as follows:
> Chapter 2 provides a description of the relevant statutory and legislative provisions that apply to the consenting process for the Proposed Development;
> Chapter 3 sets out the climate change and renewable energy policy framework;
> Chapter 4 sets out other planning policy considerations;
> Chapter 5 provides a policy assessment relative to the predicted significant environmental effects reported in the EIA Report and provides overall conclusions regarding policy matters;
> Chapter 6 provides a description and assessment of the key benefits of the Proposed Development; and
> Chapter 7 provides overall conclusions.
2. Statutory Considerations
2.1 Introduction
2.1.1 This Chapter provides a description of the relevant legislative provisions that apply to the determination of the application for Section 36 Consent and the associated Marine Licences. These provisions define the matters that the decision maker must have due regard to when reaching their decision on the applications. As noted, this Planning Statement applies only to the offshore generation aspects of the Project and associated transmission infrastructure seaward of MHWS which are the subject of the current applications, namely the wind turbines, their foundations and substructures, inter-array cables, cabling up to and onto the offshore substation platform / offshore convertor station platforms, interconnector cables and export cables which will make landfall at Skateraw, East Lothian.
2.1.2 The following legislation is applicable for the consents and licences required for offshore electricity generation projects that are located in in both inshore and offshore waters.
> The Electricity Act 1989 (as amended);
> The Marine (Scotland) Act 2010;
> The Marine and Coastal Access Act 2009;
> The Energy Act 2004;
> The Conservation (Natural Habitats, &c) Regulations 1994 (as amended), the Conservation of Habitats and Species Regulations 2017 (as amended) and the Conservation of Offshore Marine Habitats and Species Regulations 2017 (as amended).
2.2 The Electricity Act 1989 (as amended)
2.2.1 The Electricity Act 1989 provides the primary consent required to allow the construction and operation of a proposed offshore wind farm (the generating stations). An application for consent under Section 36 of the Act has been submitted and requires to be assessed in accordance with Schedules 8 and 9 of the Act.
2.3 The Marine (Scotland) Act 2010 and the Marine and Coastal Access Act 2009
2.3.1 The Marine (Scotland) Act 2010 (MSA) and the Marine and Coastal Access Act 2009 (MCAA) set a requirement for a Marine Licence, the purpose of which is to protect the marine eco-system and human health, as well as to minimise interference and nuisance to other legitimate users of the sea.
2.3.2 Under the MSA, Scottish Ministers have responsibility to determine whether to grant licences within the Scottish Inshore region of UK water from 0-12 nautical miles (nm), as well as having responsibility under the MCAA for licensing activities taking place within the Scottish Offshore Region (12-200nm) (which includes the Proposed Development array area).
2.3.3 Section 58 of the MCAA requires that “A public authority must take any authorisation or enforcement decision with the appropriate marine policy documents unless relevant considerations indicate otherwise. If a public authority takes an authorisation or enforcement decision otherwise than in accordance with the appropriate marine policy documents, the public authority must state its reasons”. The same requirement is stated in Section 15 of the MSA.
2.3.4 Section 69 of the MCAA and Section 27 of the MSA confirm the matters to be considered in determining licence applications and these include:
> The need to protect the environment;
> The need to protect human health;
> The need to prevent interference with legitimate users of the sea;
> Any such other matters as the determining authority considers relevant and
> To have regard to any representations received from any person having an interest in the outcome of the application.
2.3.5 Consideration of these matters has informed the EIA and the mitigation proposed to minimise identified potential effects. This is presented fully within the EIA Report submitted in support of the application. A summary assessment of these findings in the context of the legislative framework forms the focus of this Planning Statement.
2.4 The Energy Act 2004
2.4.1 The Energy Act 2004 introduced provision for safety zones to be declared around offshore renewable energy installations, during construction and operation. It is a criminal offence for a vessel to enter a safety zone unless is it a permitted vessel or it is acting in an emergency situation.
2.4.2 The safety zone scheme as set out in the Energy Act 2004 and the Electricity (Offshore Generating Stations) (Safety Zones) (Applications Procedures and Control of Access) Regulations 2007 applies to territorial water (within 12nm) in Scotland to waters in the UK REZ. This scheme applies to all Offshore Renewable Energy Installations (OREIs) but not to export cables or inter-array cables. (The Scotland Act 2016 amends the Energy Act 2004, transferring functions to Scottish Ministers in relation to the declaration of safety zones in Scottish offshore waters). It is the intention that applications in this regard will be progressed post the submission of the main application.
2.4.3 The Energy Act 2004 also introduced a decommissioning regime for offshore wind and marine energy installations (as amended by the Energy Act 2008 and the Scotland Act 2016) (‘the Energy Act’). Scottish Ministers may require a person who is responsible for these installations in Scottish Waters, or in a Scottish part of a REZ to prepare and carry out a costed decommissioning programme for submission to and approval by Scottish Ministers.
2.4.4 The decommissioning programme would be informed by the EIA Report and a final draft submitted to Scottish Ministers no later than six months prior to construction. Ministers have the power to determine specific approaches to decommissioning, including stipulating what form, timing and size of financial securities are required.
2.4.5 Further details on the decommissioning programme content and scope of requirements is contained within the EIA Report. The approach is wholly consistent with the Energy Act requirements.