ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 26 AUGUST 2008 SIADAR WAVE ENERGY PROJECT Report by Chief Executive PURPOSE OF REPORT To determine the view of the Comhairle as ‘Principal Consultee’ in respect to a consultation from the Scottish Government regarding an application for consent under Section 36 of the 1989 Electricity Act. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendations being implemented. SUMMARY 2.1 npower Renewables Ltd lodged an application with the Scottish Government on 21 April 2007 for the construction of a wave energy electricity-generating scheme at Siadar, Isle of Lewis. 2.2 The installed capacity of the project will be up to 4.0MW. The scheme is designed so that incoming wave energy will be captured by the near shore breakwater structure by means of the embedded energy conversion devices; the wave energy will then be converted into electricity for supply into the local electricity network. The scheme comprises a breakwater, (possible) fixed link, an onshore control building and a new track. Unfortunately, the final design of the project has not been determined, but options are outlined in the application. Consent for all options presented in the Environmental Statement (ES) is being sought. 2.3 This Report details the proposals, considers comments received on them, provides an evaluation in terms of the relevant planning policy context and then offers conclusions and a recommended Comhairle view to be submitted to the Scottish Ministers. RECOMMENDATIONS 3.1 It is recommended that: a) the Comhairle be of the view that Scottish Ministers approve the wave energy application under Section 36 of the Electricity Act 1989, subject to all the planning conditions detailed at Appendix 1 to this Report, subject to recommendation (f) below; b) the Comhairle indicate to the Scottish Ministers that its preferred option for development is as section 19 paragraphs 19.24 and 19.27 of this Report; c) the Chief Executive be authorised to enter into negotiations with npower Renewables Ltd and other relevant land interests to prepare an agreement under Section 75 of the Town and Country (Scotland) Act 1997 to include any Land restoration during the development phase and land restoration and decommissioning after completion; d) the Chief Executive be given delegated authority, in consultation with the Head of Development Services, to complete the Section 75 agreement referred to in c) above and to encourage the developers to include in this agreement contributions to the Western Isles Development Trust; e) the Comhairle inform Scottish Ministers that it is of the view that there is no public interest in holding a Public Local Inquiry for the Siadar Wave Energy Project; and f) given the different options put forward in the application, the Head of Development Services be given delegated authority to amend the Comhairle’s proposed conditions during any negotiations with the developer and the Scottish Government on the preferred development option. APPENDIX 1. Schedule of proposed conditions 2. Indicative Scheme Layout (Fig 3.1) 3. Principal Components of SWEP Fig 3.2 4. Control Building Indicative Elevations Fig 3.7b and 3.7c 5. SEPA’s consultation response 6. Conservation Designations Fig 7.1 7. Cultural Heritage Sites Fig 9.1 8. Historic Scotland Consultation Response 9. Photomontage of Development Fig 12.5 Contact Officer Mairi Mackinnon, Planning Officer, Tel: 01851 709321 REPORT DETAILS INTRODUCTION 4.1 An application was lodged by npower Renewables Ltd with the Scottish Government on 21 April 2008 for a wave energy project to be located on the north west Coast of Lewis adjacent to the village of Siadar, Isle of Lewis. The deadline for comments on the application by the Comhairle, as Principal Consultee, has been extended to 5 September 2008. The development should be considered under the terms of section 36 of the Electricity Act 1989, and under Section 57(2) of The Town and Country Planning (Scotland) Act 1997. 4.2 The Comhairle has a key role in the decision making process and should treat the matter as if it were the Planning Authority, considering all relevant information in the case. A Local Authority is the Planning Authority charged with enforcing any ‘deemed’ planning consent given with any Section 36 Application approval and is the only statutory consultee that can trigger a Public Local Inquiry if an objection is raised. 4.3 In order to properly consider all relevant matters this Report is structured as follows: Section 4 Background Section 5 Policy Context Section 6 Description of the Proposed Development Section 7 Terrestrial Geology, Hydrology and Hydrogeology Section 8 Terrestrial Habitats and Ecology Section 9 Marine Habitats and Ecology Section 10 Cultural Heritage - Terrestrial and Marine Section 11 Coastal Processes Section 12 Onshore Noise Section 13 Landscape and Visual Section 14 Transport and Route Access Section 15 Socio- Economic Impact Section 16 Underwater Noise and Electromagnetic Effects Section 17 Other Material Considerations Section 18 Representations Section 19 Discussion and Conclusions Section 20 Recommendation POLICY CONTEXT 5.1 This section of the Report aims to discuss, in general terms, current planning and other policy context relevant to the Siadar Wave Energy Project. The section does not seek to evaluate the proposal against policy. More detailed analysis is provided throughout the body of the Report. Climate Change and Energy Policy 5.2 Climate Change - Climate change is seen as the main challenge to deliver future development that is sustainable. The principal area of agreement concerns the urgent need to tackle greenhouse gas emissions. In Scotland it is the ‘Changing Our Ways – Scotland’s Climate Change Programme’ that sets out the Government’s commitment to reduce green house gas emissions and reduce Scotland’s vulnerability to the impacts of Climate Change. 5.3 Other key framework documents on Climate Change are: • Climate Change - The UK Programme, 2006 • State of Scotland Environment Report, SEPA, 2006 • Stern Report, 2006 • Patterns of Climate Change Across Scotland, SNIFFER, 2006 5.4 ‘Choosing Our Future: Scotland's Sustainable Development Strategy’ sets out the context that drives the Governments sustainable development agenda. The Strategy highlights, as key priorities: the need to protect and manage natural resources for the long term; the need to protect the historic environment; and the need to change the way Scotland generates and uses energy with a view to reducing greenhouse gas emissions and maximising our considerable renewable energy potential. 5.5 ‘Energy - UK Energy Review, DTI, 2006’ - In terms of UK energy policy, the Governments energy review re-stated a target of 20% of UK’s electricity from renewable sources from renewables. In response to the review, the Comhairle has stated: ‘The Western Isles has one of the most abundant and constant sources of renewable energy in the inhabited world. This energy comprises a mixture of wind, wave and tidal opportunities’ 5.6 The UK Government has set itself ambitious domestic goals: to reduce UK carbon dioxide (CO2) emissions by 20% by 2010; and to reduce CO2 emissions by some 60% by around 2050, with real progress by 2020. The development of renewable energy will be an important contributor to the success of that policy. Scotland’s renewable energy target was to increase the proportion of electricity generated from renewable sources in Scotland from 11% to 18% by 2010. However, Scottish Ministers have more recently set clear targets for renewable electricity, announcing an increase in November 2007. Ministers now want 50% of the demand for Scottish electricity to be supplied from renewable sources by 2020, with an interim milestone of 31% by 2011. On June 21 2007, the Cabinet Secretary for Finance and Sustainable Growth, John Swinney announced that the Scottish Government would consult on a Climate Change Bill to set a mandatory target of cutting emissions by 80% by 2050. Scottish Planning Policy National Planning Framework One 5.7 The first National Planning Framework (NPF1) has been in place since April 2004 and is therefore a valid consideration in terms of the Comhairle’s view on a development. 5.8 The National Planning Framework, produced by the Scottish Executive, has not been regarded as a prescriptive blueprint of national planning priorities, but it is a material consideration in the decision making process 5.9 The threat posed by climate change (and within that, the need to develop renewable energy sources) is identified as a key driver for change in Scotland. Population decline is another, with problems highlighted as most acute in the Western Isles (para 59). The NPF1 also suggests that a high quality environment and a strong cultural identify will be key assets in the promotion of change within the rural communities of Scotland (para 67). 5.10 Energy infrastructure is identified as another key driver for change and, in particular, the natural energy resource of Scotland's west coast is highlighted along with the constraints of existing infrastructure. The NPF1 suggests that in terms of regenerating communities (as far as land use planning is concerned) the need for economic development should take into account locations where the need is greatest. 5.11 In terms of the NPF1's ‘Development Strategy’, the promotion of economic diversification and environmental stewardship are suggested alongside the realisation of Scotland's renewable energy resources (para 99). 5.12 The NPF1 sees key improvements to the electricity transmission system to include a new link to the Western Isles (para 139). The NPF1 however, does not indicate the scale of development that a new link could support. When the NPF1 discusses spatial perspectives for rural Scotland, it re-emphasises the role of both economic diversification and environmental stewardship. Renewable energy development is seen as offering important economic benefit and sustainable development for remote and island communities.