1 Aims, Scope and format of the Road Map

1.1 Background and Aims

Phase 2 of the former Firth of Forth Zone includes Berwick Bank Wind Farm for which consents and licences (as set out below) are being sought. This Project includes both the offshore wind turbine generators (hereafter referred to as wind turbines) and associated offshore infrastructure, as well as onshore grid connection and associated infrastructure.

The Shipping and Navigation Road Map covers assessment in relation to the Berwick Bank Wind Farm, seaward of Mean High Water Springs (MHWS). This Road Map does not consider onshore impacts of onshore infrastructure (landward of MHWS). Consent and licence applications for the onshore and offshore components of the Project are being submitted separately. The offshore components of the Project are hereafter referred to as ‘the Proposed Development’.

Key components of the Proposed Development include:

wind turbines;
wind turbine foundations;
inter-array cables;
offshore substation platforms (OSPs)/Offshore convertor station platforms; and
offshore export cables.

The Proposed Development requires the following consents, licences and permissions:

a Section 36 consent under the Electricity Act 1989;
a marine licence under the Marine and Coastal Access Act (MCAA) 2009;
a marine licence under the Marine (Scotland) Act 2010 for the part of the offshore export cables which is within 12 nautical miles (nm) of the coast; and
planning permission under the Town and Country Planning (Scotland) Act 1997 for all infrastructure located landward of Mean Low Water Springs (MLWS) and seaward of MHWS.

The aim of this Shipping and Navigation Road Map is to support reached agreement with key stakeholders on the information provided by SSE Renewables (hereafter referred to as “the Applicant”) in relation to shipping and navigation (associated with potential impacts on shipping and navigation receptors) Environmental Impact Assessment (EIA), as part of the Section 36 Consent Application and Marine Licence Applications for the Proposed Development. This Shipping and Navigation Road Map documents discussions and agreements between the Applicant and the key stakeholders listed in section 2.

This Shipping and Navigation Road Map seeks to ensure that the information supplied in the consent Applications listed above are compliant with the requirements of the following regulations, hereafter referred to as the EIA Regulations:

Section 36 consent application: The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017;
marine licence application: The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 and The Marine Works (Environmental Impact Assessment) Regulations 2007; and
a planning application: The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.

Other primary guidance documents considered include:

Marine Guidance Note (MGN) 654 Offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response and its annexes (Maritime and Coastguard Agency (MCA), (2021)); and
Revised Guidelines for Formal Safety Assessment (FSA) for Use in the Rule-Making Process (International Maritime Organization (IMO), 2018);

Additionally, other guidance documents considered (but not primary) include:

International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) Recommendation O-139 on the Marking of Man-Made Offshore Structures (IALA, 2021);
IALA Guidance G1162 The Marking of Offshore Man-Made Structures (IALA, 2021);
The Royal Yachting Association’s (RYA) Position on Offshore Renewable Energy Developments: Paper 1 (of 4) – Wind Energy (RYA, 2019);
Guidance on the Interaction between Offshore Wind Farms and Maritime Navigation (Permanent International Association of Navigation Congresses (PIANC), 2018).

As part of engagement in the Shipping and Navigation Road Map, it was envisaged that the Applicant and key stakeholders would:

provide information in a timely manner;
be transparent and consistent in provision of advice;
provide effective involvement in the stakeholder engagement process;
aim to adhere to the programme of meetings set out in this Road Map (see section 3); and
seek to identify any issues or additional data requirements as early as possible.

The Applicant is seeking in this Road Map to provide an accurate record of meetings held, discussions undertaken and points of agreement relating to the offshore EIA shipping and navigation assessment up to the point of Application.

1.2 Scope

The Shipping and Navigation Road Map was used as a tool to facilitate early and on-going engagement with key stakeholders, throughout the pre-application phase of the Proposed Development up to the point of Application submission. This included consultation on the developing baseline characterisation, marine traffic survey data analysis, assessment of risk, and development of the final application documentation. This Shipping and Navigation Road Map was a ‘live’ document which was used to reach and record points of agreement, for example on scoping impacts out of the EIA, and agreeing the level of assessment that were presented for impacts scoped into the EIA, so that the focus in the assessment documents in support of the Application are on likely significant effects as defined by the EIA Regulations .

The Shipping and Navigation Road Map sought to agree the following as a minimum, however additional points of agreement/discussion were required, and these were discussed with key stakeholders and documented within this Road Map:

hazards expected to occur within and in proximity to the Proposed Development;
key issues that require to be assessed in the EIA;
data sources to be used to inform the baseline characterisation;
shipping and navigation future baseline;
method(s) of data analysis including methodology to be used for the Navigation Risk Assessment (NRA);
project design envelope and maximum design scenario to be assessed;
the relevant shipping and navigation users and evidence available on potential risk;
approach to EIA, including the determination of significance of risk; and
potential measures which could be applied to mitigate the significance of risk.

For all the above, the Shipping and Navigation Road Map sought to record key areas of agreement and/or outstanding points of discussion.

Vessel traffic survey scopes have been agreed through consultation with stakeholders and are briefly summarised in Annex A: Marine Traffic Survey Scope.

1.3 Format

Figure 1.1 Open ▸ outlines the key stages of the EIA process, and how the Shipping and Navigation Road Map has facilitated engagement during key stages and steps.

The remainder of the Shipping and Navigation Road Map is set out as follows:

section 2: identifies the key stakeholders to the Shipping and Navigation Road Map;
section 3: outlines the shipping and navigation EIA programme for Proposed Development; the programme of shipping and navigation meetings. It includes a record of meetings that have taken place in relation to the shipping and navigation EIA assessment; and
section 4: provides a summary of discussion, areas of agreement and areas of outstanding discussion in relation to the shipping and navigation EIA assessment. The aim was to have as few areas of disagreement remaining as possible at the point of Application submission.

2 Key Stakeholders

The aims of the Shipping and Navigation Road Map have been achieved through engagement with the following key stakeholders:

Cruising Association (CA);
Forth Ports;
Montrose Port;
other port and harbour operators in the area;
MCA;
Northern Lighthouse Board (NLB);
Royal National Lifeboat Institution (RNLI);
RYA Scotland;
regular vessel operators (input into the Hazard Workshop); and
United Kingdom (UK) Chamber of Shipping.

This has been determined following initial agreement on key assessment issues. Table 2.1 Open ▸ sets out the remit, role in the EIA processes and the key contact(s) for each of the stakeholders listed above.

In addition, fisheries representatives were in attendance at Hazard Workshops.

Table 2.1: Remit, Role and Contact for Key Stakeholders Associated with the Shipping and Navigation Road Map

3 Programme

3.1 Shipping and Navigation EIA programme for the Proposed Development

Table 3.1 Open ▸ below sets out the programme for key stages of the pre-application process in relation to the Proposed Development.

Table 3.1: Offshore EIA Project Programme for Proposed Development

3.2 Programme of Shipping and Navigation Meetings

Table 3.2 Open ▸ sets out the programme for stakeholder meetings in relation to key aspects of the shipping and navigation technical assessment. These were scheduled to take place at key points of the pre-application phase and were in line with the key deliverables set out in Table 3.1 Open ▸ and the shipping and navigation Road Map process. The meetings listed in Table 3.2 Open ▸ are also listed within Figure 1.1 Open ▸ . All meetings were held via conference calls unless otherwise specified. This was due to COVID-19 pandemic restrictions throughout the pre-Application phase.

The Applicant has presented an overview of the consenting and Road Map process and the points of discussion that have taken place as part of this Road Map. In addition, an Audit Document for Post-Scoping Discussions has also been provided in volume 3, appendix 5.1, summarising key points of advice received subsequent to receipt of the Berwick Bank Scoping Opinion (MS-LOT, 2022) in February 2022, and how these have been addressed in the Application documents.

Table 3.2: Programme for Stakeholder Engagement: Shipping and Navigation

3.3 Record of Shipping and Navigation Meetings

Table 3.3 Open ▸ records the meetings that have taken place, the attendees and the key discussion points in relation to the shipping and navigation Offshore EIA assessments. This table (and link to reference material) was updated after each meeting and circulated to all attendees as a record of the meeting and the key points of discussion. Table 3.3 Open ▸ does not record full minutes, however a meeting minute reference is provided for each meeting in this table and meeting minutes will be circulated following each meeting.

Table 3.3: Record of Shipping and Navigation Meetings Undertaken as part of the Shipping and Navigation Road Map

4 Record of Discussions

This section of the Shipping and Navigation Road Map documents discussions, areas of agreement and outstanding points of discussion following each meeting as set out in section 3.

The following subsections record associated discussion:

hazards expected to occur within and in proximity to the Proposed Development – section 4.1;
key issues that require to be assessed in the EIA – section 4.1;
data sources to be used to inform the baseline characterisation, including additional evidence requirements – section 4.1;
method(s) of data analysis, future baseline and NRA methodology – section 4.2;
sensitivity of the relevant receptors and evidence available on potential risk – section 4.2;
approach to EIA, including the determination of level of risk – section 4.3;
potential measures which could be applied to mitigate risk – section 4.3.

4.1 Hazards, Key Issues and Data Sources

This section aims to document and agree key areas of agreement and outstanding discussion points associated with the shipping and navigation baseline for the Proposed Development EIA. These include, but are not necessarily limited to the following:

agreeing hazards expected to occur within and in proximity to the Proposed Development;
agreeing key issues that require to be assessed in the EIA; and
agreeing data sources to be used to inform the baseline characterisation, including additional evidence requirements.

Table 4.1 Open ▸ summarises the points of discussion, areas of agreement and outstanding agreements in relation to the shipping and navigation baseline for the Proposed Development.

Table 4.1: Summary of Discussion and Agreed Position on Shipping and Navigation Baseline Data for EIA.

4.1.1 Summary of Key Discussions

Vessel traffic survey data collection should be as per MGN 654 (MGN 543 during the earlier stages of consultation) and collected within two years of submission.
Additional long-term AIS data should be assessed to validate the vessel traffic survey data including consideration of any effects due to COVID-19 pandemic and EU Exit.
MAIB incident data spanning the last 20 years should be considered to enhance safety and build as complete a picture as possible.

4.1.2 Summary Statement of Final Position

Vessel traffic survey data collection has been collected as per MGN 654 and within two years of submission. Vessel traffic surveys dates are as follows with submission in November 2022:

– 11 to 24 January 2021 (winter); and

– 2 to 16 August 2022 (summer).

The summer 2022 vessel traffic survey was completed since the vessel traffic survey previously undertaken between 17 and 31 July 2020 was outdated at the point of Application.
An additional 12 months of AIS data (2019) has been assessed to validate the findings of the vessel traffic surveys and confirm any effects of COVID-19 pandemic and EU Exit.
MAIB incident data has been considered over a 20-year period between 2000 and 2019 although the earlier 10-year period (2000 to 2009) has only been considered qualitatively given the changes to safety standards/regulations and poorer levels of reporting of incidents during that period.

4.2 Data Analyses, Sensitivity of Users and Evidence Available on Potential Effects

This section aims to document and agree key elements of the shipping and navigation data analysis for the Proposed Development EIA. These include the following:

method(s) of data analysis, future baseline and NRA methodology; and
sensitivity of the relevant users and evidence available on potential risk.

Table 4.2 Open ▸ summarises the points of discussion, areas of agreement and areas of outstanding discussion in relation to the shipping and navigation baseline data analysis for the Proposed Development.

Table 4.2: Summary of Discussion and Agreed Position on Shipping and Navigation Surveys and Data Analysis

4.2.1 Summary of Key Discussions

Vessel traffic surveys should follow the methodology outlined in MGN 654 and establish the baseline in line with MGN 654 Annex 1, including:

– undertaken within two years of submission;

– minimum of 28 days duration;

– account for seasonal variations and peak times; and

– sources in addition to AIS to ensure those vessels that are not required to carry and operate AIS are included.

The NRA should include realistic values for future case volumes of vessel traffic.

4.2.2 Summary Statement of Final Position

Vessel traffic survey data has been collected as per MGN 654 and within two years of submission. Vessel traffic surveys dates are as follows with submission in November 2022:

– 11 to 24 January 2021 (winter, 14 full days); and

– 2 to 16 August 2022 (summer, 14 full days).

The summer 2022 vessel traffic survey was completed since the vessel traffic survey previously undertaken between 17 and 31 July 2020 was outdated at the point of Application.
The NRA has included consideration of feedback from stakeholder in relation to future case volumes of vessel traffic.

4.3 Approach to EIA

This section aims to document and agree key topics associated with the maximum design scenarios assessed in relation to the shipping and navigation assessments for Proposed Development EIA. These include the following:

maximum design scenarios;
approach to assessment including assessment of risk; and
potential measures that could be applied to the shipping and navigation assessment to mitigate risk.

Table 4.3 Open ▸ summarises the points of discussion, areas of agreement and areas of outstanding agreements in relation to the approach to offshore EIA for the Proposed Development.

Table 4.3: Summary of Discussion and Agreed Position on Shipping and Navigation Approach to EIA

4.3.1 Summary of Key Discussions

The NRA – which informs volume 2, chapter 13 – should be undertaken using the methodology outlined in MGN 654 (including Annex 1), and in particular all hazards and therefore potential risks identified within the Berwick Bank Wind Farm Scoping Report (SSER, 2021a) for shipping and navigation should be considered in the NRA.
The cumulative risk assessment should account for other offshore wind farm developments in the region and consider a sufficient extent.
As part of cumulative considerations, significant consultation was undertaken with all users in relation to the proximity to Inch Cape, with the establishment of a ‘corridor’.
The maximum design scenario for each hazard within the risk assessment should adhere to MGN 654 (including Annex 1).

4.3.2 Summary Statement of Final Position

The NRA – which informs volume 2, chapter 13 – has been undertaken using the methodology outlined in MGN 654 including use of the IMO’s FSA process. This methodology is standard within the industry and includes an iterative approach to risk assessment. This is reflected in the changes to the extent of the Proposed Development array area which were considered across two Hazard Workshops with stakeholders.
MCA requires that as per MGN 654 all hazards and therefore potential risks identified within the Berwick Bank Wind Farm Scoping Report (SSER, 2021a) for shipping and navigation are considered in the NRA. These include:

– vessel displacement;

– vessel to vessel collision risk between third-party and project vessels;

– increased vessel to vessel collision risk between third-party vessels;

– vessel to structure allision risk;

– reduced access to local ports;

– reduction of under keel clearance;

– interaction with subsea cables;

– reduction of emergency response capability; and

– interference with magnetic position fixing equipment.

Other offshore wind farm developments have been suitably considered in the cumulative risk assessment, including a navigation corridor safety case for the gap between the Proposed Development array area and Inch Cape Offshore Wind Farm. The design of this ‘corridor’ has evolved through the NRA process based on feedback and concerns raised by stakeholders. The final corridor has a maximum length of 4.2 nm and minimum width of 4.1 nm and is compliant with MGN 654, PIANC and Maritime Institute Netherlands (MARIN) guidance.
No objections to the maximum design scenarios have been received, with the main elements of the maximum design scenario including:

– full build out of the Proposed Development array area;

– buoyed construction/decommissioning area encompassing the maximum extent of the Proposed Development array area;

– maximum number of surface piercing structures (307 wind turbines and ten OSPs/Offshore convertor station platforms);

– array layout consisting of full build out of the Proposed Development array area with at least two lines of orientation;

– minimum spacing of 1,000 m between structures;

– minimum burial depth of 0.5 m for all subsea cables;

– maximum cable protection height of 3 m and width of 20 m for all subsea cables (excluding crossings) with protection requirement for up to 15% of all subsea cables;

– up to 10,964 return trips by construction vessels throughout the construction phase and similar numbers expected for the decommissioning phase; and

– up to 2,323 return trips per year by operation and maintenance vessels throughout the operation and maintenance phase.

All hazards (both for the Proposed Development in isolation and cumulatively) have been assessed to be not significant under EIA terminology.
MCA, NLB and other interested parties are to review the NRA (volume 3, appendix 13.1) and volume 2, chapter 13.

5 Conclusions

The aim of the Shipping and Navigation Road Map is to compile meetings, discussions, areas of agreement and outstanding non-alignment that has been achieved in relation to the Shipping and Navigation topic for the offshore EIA and acts as a factual record of the information provided to MS-LOT and its statutory advisors at the point of Application with which to make a determination for Section 36 Consent and Marine Licences. This forms the basis of the EIA assessment presented within the Offshore EIA Report for the Proposed Development.

Further discussions post-Application will take place once volume 2, chapter 13 and volume 3, appendix 13.1 have been reviewed by the stakeholders to confirm their position and to establish a final agreement.

6 References

IALA (2021). IALA Recommendation O-139 on The Marking of Man-Made Offshore Structures. Edition 2. Saint Germain en Laye, France: IALA.

IALA (2021). IALA Guidance G1162 The Marking of Offshore Man-Made Structures. Edition 2. Saint Germain en Laye, France: IALA.

IMO (2018). Revised Guidelines for Formal Safety Assessment (FSA) for Use in the Rule-Making Process. MSC-MEPCC.2/Circ.12/Rev.2. London: IMO.

MCA (2021). Marine Guidance Note 654 (Merchant and Fishing) safety of Navigation: offshore Renewable Energy Installations (OREIs) – Guidance on UK Navigational Practice, Safety and Emergency Response. Southampton: MCA.

MS-LOT (2022). Berwick Bank Wind Farm Scoping Opinion.

PIANC (2018). Guidance on the Interaction between Offshore Wind Farms and Maritime Navigation. Brussels: PIANC.

RYA (2019). The RYA’s Position on Offshore Renewable Energy Developments: Paper 1 (of 4) – Wind Energy. 5th revision. Southampton: RYA.

RYA (2019). UK Coastal Atlas of Recreational Boating 2.1. Southampton: RYA.

SSER (2020). 2020 Berwick Bank Wind Farm Offshore Scoping Report.

SSER (2021a). Berwick Bank Wind Farm Scoping Report. Available at: 3. Site Selection Methodology and Consideration of Alternatives (berwickbank-eia.com)

7 Annex A: Marine Traffic Survey Scope

A.1 Summary of Marine Traffic Survey Scope

In line with MGN 654 (MCA, 2021), it was necessary to undertake a vessel traffic survey within the Proposed Development array area and proximity. The vessel-based surveys involved a single dedicated vessel positioned centrally to provide optimal coverage of the Proposed Development array area.

A requirement of MGN 654 is for a minimum of 28 days of seasonally varied data which is usually collected during two, 14-day surveys, in summer and winter. MGN 654 also requires projects to have up-to-date traffic surveys of the area undertaken within 12 months prior to submission of the Environmental Statement, although this can be extended to a maximum of 24 months. It also states this should include all the vessel types found in the area and should take account of seasonal variations in traffic patterns and fishing operations.

Following stakeholder liaison with the MCA, Forth Ports and NLB in June 2020, additional stakeholder consultation with regards to small vessel activity, and analysis of 12 months of historical AIS data within the NRA was required, in order to mitigate for the potential impacts on COVID-19 pandemic restrictions on vessel activities during 2020.

A.2 References

Marine Guidance Note (MGN) 654 (2021). Offshore Renewable Energy Installations - Guidance on UK Navigational Practice, Safety and Emergency Response (April 2021). Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/980898/MGN_654_-_FINAL.pdf. Accessed: June 2021.

[1] These meetings span stages 2 and 3