3.7 Conclusions

3.7.1                                       The trajectory, in terms of the scale and pace of action to reduce emissions, is steeper than before and it is essential that rapid progress is made through the 2020s. The rate of emission reductions must increase otherwise the legally binding target of an interim 75% reduction of GHG emissions by 2030 will not be met.

3.7.2                                       It is clear from the UK Energy White Paper and the forecasts by the CCC that electricity demand is expected to grow substantially (scenarios vary but potentially by a factor of three or four) as carbon intensive sources of energy are displaced by electrification of other industry sectors, particularly heat and transport. 

3.7.3                                       Decisions through the consenting system must be responsive to this changed position. Decision makers can do this by affording substantial weight to the energy policy objectives articulated above, in the planning balance. 

3.7.4                                       In the most recent renewable energy policy documents referred to, there is a consistent and what might be termed a ‘green thread’ which ties a number of related policy matters together: namely the urgent challenge of net zero and the need to substantially increase renewable capacity.

3.7.5                                       It must follow that the need case is to be afforded substantial weight in the planning balance. The way that decision makers can do that is by properly recognising the seriousness and importance of energy policy related considerations in the planning balance. It is the cumulative effect of a large number of individual projects which will move Scotland towards where it needs to be.

3.7.6                                       The relevant marine policy documents provide significant support for the Proposed Development subject to demonstrating the effects of development are acceptable.  The MPS provides the statutory framework within which to consider the Proposed Development and Marine Plan for Scotland clearly sets out the strategic baseline and acceptance for development in this location and clearly states the additional clarifications and information required to determine acceptability at project specific level. 

4. Other Relevant Policy Considerations

4.1 Introduction

4.1.1                                       This Chapter provides a statement on other policy considerations that are not directly renewables or climate change policy, but which have relevance to the assessment and determination of the Proposed Development.   These considerations include:

>        The National Planning Framework for Scotland 3, (NPF3);

>        The Fourth National Planning Framework ‘Scotland 2045’ Consultative Draft (2021) (NPF4 Consultative Draft); and

>        Aspects of the terrestrial Statutory Development Plans for East Lothian & Scottish Borders Councils.

4.2 National Planning Framework 3

4.2.1                                       NPF3 is the current long-term strategy for Scotland.  It is the spatial expression of the Scottish Government’s Economic Strategy, and of plans for development and investment in infrastructure.

4.2.2                                       Part of the vision is of Scotland as a low carbon place, where the opportunities arising from the ambition to be a world leader in low carbon energy generation have been seized.  NPF3 is informed by, and aims to help achieve, the Scottish Government’s climate change and renewable energy targets.

4.2.3                                       NPF3 acknowledges that the energy sector accounts for a significant share of the country’s greenhouse gas emissions, and that addressing this requires capitalising on Scotland’s outstanding natural advantages, including its significant wind resource. 

4.2.4                                       Chapter 3 of NPF3 focuses on the promotion and achievement of a low carbon economy and the ambition to reduce greenhouse gas emission by 80% by 2050. The statement acknowledges the long reliance on hydropower for a source of clean energy and notes that there is also “significant wind resource, both onshore and offshore, and electricity generation from win continues to rise… We are pioneering marine renewable energy technologies – there are more marine energy devices commissioned, partly commissioned, under construction or permitted in Scotland than in any other country in the world”.

4.2.5                                       A target to meet at least 30& of overall energy demand from renewables by 2020, including generating an equivalent of at least 100% of gross electricity consumption from renewables is stated.

4.2.6                                       NPF3 identifies that “both terrestrial and marine planning have a key role to play in reaching these ambitious targets by facilitating development, linking generation with consumers and guiding new infrastructure to appropriate locations” (para 3.12). 

4.2.7                                       Paragraph 3.32 recognises that many of the economic opportunities arising from the transition to a low carbon economy are emerging in Scotland’s coastal areas and islands, “including the deployment of onshore, and in particular, offshore renewable energy.  Significant areas for wind, wave and tidal energy have been identified inshore, and, in the longer term, new construction methods will open up opportunities for generation in deeper water much further offshore”.   Paragraph 3.33 specifically references the expectation of offshore wind off the Firths of Tay and Forth and states a commitment from Scottish Ministers to maximise the economic benefits arising from these offshore energy developments.

4.2.8                                       NPF3 recognises the role that onshore planning has in facilitating the delivery and connection of offshore proposals through longer term road improvements, creation of hubs for construction of offshore assets and strengthening the grid to enable onshore connections in order to fully realise the potential for diverse renewable energy development.

4.3 NPF4 (Revised Draft)

Programme for coming into force

4.3.1                                       Draft NFP4 has been subject to consultation and committee scrutiny over the last year and was first laid before the Scottish Parliament in November 2021.  Once approved, it will become part of statutory Development Plan.  The revised NFP4 was laid before the Scottish Parliament on 8th November 2022 for approval. 

4.3.2                                       This is the final stage of NFP4 being examined before adoption.  The revised NFP4 will be before the Scottish Parliament for six weeks. 

4.3.3                                       Whilst it is before Parliament, there is the opportunity for the revised NFP4 to be debated, however, its terms will not be subject to change - it will either be approved in whole or rejected.  The Scottish Government has committed to providing an opportunity for evidence to be given by the Parliament’s Local Government, Housing and Planning Committee, to allow for an informed vote.

4.3.4                                       Despite the changes that have been made to the draft that is now before Parliament, the Scottish Government has confirmed that no further consultation will take place.

How NPF4 is to be used

4.3.5                                       Annex A of the document explains how NPF4 is to be used.  It states:

"The purpose of planning is to manage the development and use of land in the long-term public interest … Scotland in 2045 will be different. We must embrace and deliver radical change so we can tackle and adapt to climate change, restore biodiversity loss, improve health and wellbeing, reduce inequalities, build a wellbeing economy and create great places."

4.3.6                                       It states that NPF4 is required by law to set out the Scottish Ministers' policies and proposals for the development and use of land.  It adds: 

"It plays a key role in supporting the delivery of Scotland’s national outcomes and the United Nations Sustainable Development Goals. NPF4 includes a long-term spatial strategy to 2045."

4.3.7                                       Reference is made to NPF4 strategy, policies and identification of national developments which are aligned to the strategic themes of the Government's Infrastructure Investment Plan (IIP).  In addition to containing national level development management policies the document contains instructions for planning authorities with regard to the preparation of Local Development Plans (LDPs).

4.3.8                                       Annex A adds that NPF4 is required by law to contribute to six outcomes.   These relate to meeting housing needs, health and wellbeing, population of rural areas, addressing equality and also "meeting any targets relating to the reduction of emissions of greenhouses gases, and, securing positive effects for biodiversity”.

National Developments

4.3.9                                       Page 97 of NPF4 sets out that 18 national developments have been identified.  These are described as "significant developments of national importance that will help to deliver the spatial strategy … National development status does not grant planning permission for the development and all relevant consents are required".

4.3.10                                   It adds that "Their designation means that the principle for development does not need to be agreed in later consenting processes, providing more certainty for communities, businesses and investors. … In addition to the statement of need at Annex B, decision makers for applications for consent for national developments should take into account all relevant policies".

4.3.11                                   Annex B of NPF4 sets out the various national developments and related statements of need. 

4.3.12                                   It states that national developments are significant developments of national importance that will help to deliver our spatial strategy.  It adds that:

"The statements of need set out in this annex are a requirement of the Town and Country Planning (Scotland) Act 1997 and describe the development to be considered as a national development for consent handling purposes".

4.3.13                                   National Development 3 (ND3) is "Strategic Renewable Electricity Generation and Transmission Infrastructure".

4.3.14                                   Page 103 of NPF4 describes ND3 and it states:

"This national development supports renewable electricity generation, repowering, and expansion of the electricity grid.

A large and rapid increase in electricity generation from renewable sources will be essential for Scotland to meet its net zero emissions targets. Certain types of renewable electricity generation will also be required, which will include energy storage technology and capacity, to provide the vital services, including flexible response, that a zero carbon network will require. Generation is for domestic consumption as well as for export to the UK and beyond, with new capacity helping to decarbonise heat, transport and industrial energy demand. This has the potential to support jobs and business investment, with wider economic benefits.

The electricity transmission grid will need substantial reinforcement including the addition of new infrastructure to connect and transmit the output from new on and offshore capacity to consumers in Scotland, the rest of the UK and beyond. Delivery of this national development will be informed by market, policy and regulatory developments and decisions."

4.3.15                                   The location for ND3 is set out as being all of Scotland and in terms of need it is described as:

"Additional electricity generation from renewables and electricity transmission capacity of scale is fundamental to achieving a net zero economy…”

4.3.16                                   Reference is made in NPF4 to the designation and classes of development and it states in this regard:

"A development contributing to ‘Strategic Renewable Electricity Generation and Transmission’ in the location described, within one or more of the Classes of Development described below and that is of a scale or type that would otherwise have been classified as ‘major’ by ‘The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009’, is designated a national development:

(a)                on and off shore electricity generation, including electricity storage, from renewables exceeding 50 megawatts capacity..”

National Planning Policy

4.3.17                                   Part 2 of NPR4 sets out National Planning Policy.  In terms of sustainable places relevant policies (for the onshore elements of the Project) will include the following:

>        Policy 1: Tackling the Climate and Nature Crisis;

>        Policy 3: Biodiversity;

>        Policy 4: Natural Places;

>        Policy 5: Soils;

>        Policy 6: Forestry, Woodland and Trees;

>        Policy 7: Historic Assets and Places; and

>        Policy 11: Energy.

4.3.18                                   The policies may be subject to some changes at this final Parliamentary stage.  The two most relevant policies are Policy 1 and 11.

4.3.19                                   Policy 1 states “when considering all development proposals significant weight will be given to the global climate and nature of crisis.”

4.3.20                                   Policy intent is set out as being “to encourage, promote and facilitate development that addresses the global climate emergency in nature crisis”.   Policy outcomes are identified as being zero carbon, nature positive places. 

4.3.21                                   Policy 11 is as follows:

4.3.22                                   “a) Development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported”. The policy lists a range of assessment criteria.  This is referred to in detail in the separate Planning Statement dealing with the onshore elements of the Project.

4.3.23                                   Policy intent for Policy 11 is set out as:

“to encourage, promote and facilitate all forms of renewable energy development onshore and offshore.  This includes energy generation, storage, new and replacement transmission and distribution infrastructure and emerging low carbon and zero emission technologies including hydrogen and carbon capture utilisation and storage.”

4.3.24                                   Policy Outcomes for Policy 11 are seen as “expansion of renewable, low carbon and zero emission technologies”.

NPF4: Contribution to National Outcomes

4.3.25                                   Although the NPF4 is still in final draft form, it needs to be recognised that the amended Town and Country Planning (Scotland) Act 1997 directs that the NPF must contribute to a series of six outcomes and one of these includes “meeting targets for emissions of greenhouse gases” (revised draft NPF4, Annex a, page 95). 

4.3.26                                   The statutory outcomes are not being consulted on and are set in law. 

4.3.27                                   The Proposed Development would make a valuable contribution to the emissions reduction outcome and the delivery of Net Zero.  It has been set out that it is essential to take into account the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 which amended the Climate Change (Scotland) Act 2009 and introduced the Net Zero targets.

4.3.28                                   Furthermore, it has been explained that the targets for each year clearly illustrate the speed and scale of change that is required over the next decade to achieve the 2030 target.  That statutory footing and context for the proposed development can be afforded significant weight.

4.3.29                                   NPF4 is likely to come into force during the determination period for the Proposed Development.

4.4 Statutory Development Plans (onshore)

4.4.1                                       The statutory Development Plans do not have primacy in the determination of a Section 36 application, nor in relation to marine licences for offshore development, however it is considered that they have some relevance to the determination due to there being the potential for impacts from the Proposed Development to be experienced onshore.  Such matters include:

>        Landscape and Visual effects – effects of the wind farm on landscape, seascape and views;

>        Traffic and transport – effects on shore from the wind farms construction activities;

>        Archaeology / Cultural Heritage -effects on the setting of onshore receptors;

>        Natural heritage and environment;

>        Socio-economics – effects on tourism and recreation based on the precited visual effects.

4.4.2                                       The relevant Development Plans are:

>        East Lothian Local Development Plan (2018);

>        Scottish Borders Local Development Plan (2016).

4.4.3                                       No specific reference to offshore wind energy is provided but a recognition of the role of renewables and the need to ensure they are well suited to the location in which they are proposed and effect is stated.

4.4.4                                       Paragraph 4.88 notes the East Lothian Council’s endorsement of the support expressed within NPF3 for onshore links to offshore renewable energy installations, including at Cockenzie and the Forth Coast extending to Torness, as part of National Development 4.  High Voltage Energy Transmission Network. More general support for enhance high voltage transmission network improvements is provided in Policy EGT4 which supports such development in locations defined by operational requirements subject to acceptable impacts on the landscape, visual amenity, communities, natural and cultural heritage and the provision of appropriate mitigation as appropriate.

4.4.5                                       Achieving sustainable development is an overarching aim of the East Lothian LDP and is a statutory requirements of the Climate Change (Scotland) Act 2009. 

4.4.6                                       The Scottish Borders LDP provides policy on renewable energy seeking primarily to direct such development to appropriate locations but recognising the importance of renewables as a way in which to promote sustainable energy and address Climate Change as required by the Climate Change (Scotland) Act 2009.  The LDP acknowledges the potential of offshore wind and seeks to maximise the development of the area’s full potential for electricity and heat from renewable resources, in line with national climate change targets with due regard to environmental, community and cumulative impacts.

4.4.7                                       A separate Planning Statement has been prepared for the Project in relation to the onshore elements of the Proposed Development and it should be referred to for a detailed appraisal of such effects and how the Project relates to LDP policies of relevance.

4.4.8                                       The appraisal concludes that the Proposed Development is consistent with the wider planning objectives of such policies and overall aims of the Development Plans as a whole.

5. Policy Assessment

5.1 Introduction

5.1.1                                       The preceding Chapters have set out the policy framework against which the Proposed Development should be assessed.  This Chapter provides a high-level consideration of the key findings of the EIA to allow conclusions to be drawn on the accordance of the Proposed Development against the relevant policy objectives identified.

5.1.2                                       The EIA has been prepared drawing on the legislative requirements of the EIA Regulations (comprising the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017, the Marine Works (Environmental Impact assessment) (Scotland) Regulations 2017 and the Marine Works (Environmental Impact Assessment) Regulations 2007).  The EIA Report clearly identifies the predicted environmental effects of the Proposed Development on key topic areas identified in the Berwick Bank Wind Farm EIA Scoping Opinion (MSLOT, 2022) and through discussions with stakeholders.  These can be broadly assessed in the context of the policy requirements as identified in the preceding Chapters under the following core headings:

5.1.3                                       The extent to which the Applicant has had regard to Schedule 9 of the Electricity Act 1989 and complied with the EIA Regulations noted above, is reflected throughout the EIA Report as a whole and is considered further within the conclusions of this Chapter and of the Planning Statement as a whole. It should be noted that this Chapter presents a high level summary of effects and more detail is contained in the EIA Report topic Chapters and in the overall Non-Technical Summary for the Project.