The Planning Act 2008 (as amended) Hornsea Project One Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Energy and Climate Change 6HSWHPEHU _______________________________________ Robert Upton Peter Widd John Glasson Examining Authority ERRATA SHEET – Hornsea Project One - Ref. EN010033 Examining authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for the Department of Energy and Climate Change. Corrections agreed by the Examining Authority prior to a decision being made Page No. Paragraph Error Correction 28 Para 4.5 reference to paras “3.61 should be “3.75 to 3.80” to 3.65” 37 Para 4.39 reference to paras “8.111 should be “8.123 to 8.128” to 8.123” 37 Para 4.39 reference to “Schedule I” should be “Schedule L” 103 Para 5.126 line 6 – typographical delete space after capacity error - “capacity ;” 105 Para 5.136 line 3- typographical error Delete extra ‘A’ - “AAuk 173 Para 9.40 reference to “Annex ZZ” should be Appendix E This page intentionally left blank File Ref EN010033 The application, dated 30 July 2013, was made under section 37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on 30 July 2013. The applicant is SMart Wind Limited. The application was accepted for examination on 22 August 2013. The examination of the application began on 10 December 2013 and was completed on 10 June 2014. The development proposed comprises up to three offshore wind farms in the North Sea, and all offshore and onshore infrastructure necessary to connect the wind farms to the National Grid. The installed generating capacity would be up to 1200MW. Summary of Recommendation: The Examining Authority recommends that the Secretary of State should make the Order in the form attached. Section Contents 1 INTRODUCTION ........................................................................... 1 2 MAIN FEATURES OF THE PROPOSAL AND SITE ................................. 6 3 LEGAL AND POLICY CONTEXT ...................................................... 12 4 FINDINGS AND CONCLUSIONS IN RELATION TO POLICY AND FACTUAL ISSUES ..................................................................................... 28 5 FINDINGS AND CONCLUSIONS IN RELATION TO HABITATS REGULATIONS ........................................................................... 69 6 BIO-DIVERSITY: OTHER PROTECTED SPECIES AND SITES ............. 116 7 COMPULSORY ACQUISITION ....................................................... 123 8 DRAFT DEVELOPMENT CONSENT ORDER ...................................... 146 9 SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS ................ 169 Appendices Contents EXAMINATION LIBRARY ....................................................................... OTHER CONSENTS REQUIRED .............................................................. EVENTS IN THE EXAMINATION ............................................................. LIST OF ABBREVIATIONS .................................................................... RECOMMENDED DEVELOPMENT CONSENT ORDER AND DEEMED MARINE LICENCE ....................................................................................... Note to reader: All references to the Development Consent Order And Deemed Marine Licences within this report refer to the Examining Authority’s Development Consent Order appended to the report at appendix E unless included as part of a quotation or otherwise stated. 1 INTRODUCTION The application 1.1 The application, dated 30 July 2013, was made under section 37 of the Planning Act 2008 (as amended) (PA 2008) and was received in full by The Planning Inspectorate on the same day. 1.2 The applicant is SMart Wind Limited, acting on behalf of Heron Wind Limited, Njord Limited and Vi Aura Limited. The application was accepted for examination on 22 August 2013. The examination of the application began on 10 December 2013 and was completed on 10 June 2014 [PD-023]. 1.3 The proposed development for which consent is required under s.31 of PA 2008 comprises construction and operation of Project One which comprises up to three wind farms within the Hornsea Round 3 Zone of the North Sea and all offshore and onshore infrastructure necessary to connect the wind farms to the onshore National Grid. Appointment of Examining Authority The panel 1.4 On 24 October 2013 the Secretary of State for Communities and Local Government (SSLG) appointed the following Panel of three Examining Inspectors as the Examining Authority (ExA) for the application under section 65 of the PA 2008 [PD-014]: Robert Upton - Lead Member of the Panel John Glasson – Panel Member Peter Widd – Panel Member 1.5 This document is the ExA's Report to the Secretary of State for Energy and Climate Change (SSECC). It sets out the Panel’s findings and conclusions and the recommendation, as required by s.74(2)(b) of PA 2008. Nature of the application 1.6 The application project is a nationally significant infrastructure project (NSIP) as defined by s.14(1)(a) of PA 2008, as confirmed in para 3.3 below. 1.7 The application is Environmental Impact Assessment (EIA) development as defined by the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (EIA Regulations). It was accompanied by an Environmental Statement (ES) which in the view of the Panel met the definition given in Regulation 2(1) of these Regulations. 1 Relevant representations 1.8 The applicant gave notice [Cert-002] under s.56 of PA 2008 to the persons prescribed that the application had been accepted and gave them an opportunity to make Relevant Representations. 38 Relevant Representations were received [REP-006 to REP-043]. It certified [Cert-003] on 24 October 2013 that this has been carried out. 1.9 A list of procedural decisions [PD-001 to PD-023] made by the ExA is shown in the examination library at appendix A. Preliminary Meeting 1.10 A Preliminary Meeting was held on 10 December 2013 at which the applicant and all other interested parties and statutory parties were able to make representations about how the application should be examined. The ExA invited a number of organisations to the Preliminary Meeting. Letters were sent to; the Region of Brussels: the Federal Authority, Brussels; Walloon Region; France; Norway; Iceland; Germany; Netherlands; Belgium; Denmark and Scottish Natural Heritage. 1.11 The timetable for the examination, a procedural decision of the ExA under Rule 8 of the Infrastructure Planning (Examination Procedure) Rules 2010 (EPR) was issued to the applicant and all other interested parties and statutory parties on 18 December 2014 [PD-015]. It was accompanied by the ExA’s first round of written questions and notification of the publication of the note of the Preliminary Meeting [H-004]. Other procedural decisions, including those to vary the timetable, are explained below. Site visits and hearings 1.12 An onshore inspection of sites to which the application related was carried out in the company of interested parties at the proposed landfall near North Coates Village, along the proposed cable route and at the site for the substation on 12 February 2014 [ASV-001 to ASV-003]. 1.13 As set out in the timetable for the examination as notified on 18 December 2013 [PD-015], and in order to ensure adequate examination of certain issues (as required under s.91 PA 2008) Specific Issue Hearings (ISH) on the draft Development Consent Order (DCO) and Related Matters were held on the following dates: 13 February 2014 – draft DCO matters 11 and 12 March 2014 – Habitats Regulations Assessment (HRA): ornithology, marine mammals and onshore construction impacts; impacts on fishing and navigation, and socio-economic impacts 29 and 30 April 2014 - draft DCO matters. 2 All hearings were held at the Royal Humber Hotel, Grimsby. 1.14 As required under s.93 of PA 2008, following a request from an interested party an Open Floor Hearing was held on 11 February 2013 at the Royal Humber Hotel, Grimsby. 1.15 As required under s.92 of PA 2008, following a request from an affected person a Compulsory Acquisition Hearing was held on 13 March 2014 at the same venue. Local Impact Reports 1.16 Under s.60 of PA 2008 an invitation was issued to the relevant local authorities to submit a Local Impact Report (LIR). The following authorities submitted LIRs - East Lindsey District Council [REP-216]; North Lincolnshire Council [REP-217]; North East Lincolnshire Council [REP-218]. Questions in writing 1.17 The ExA issued two rounds of written questions on 18 December 2013 [PD-016] and 20 March 2014 [PD-020]. 1.18 The ExA also issued five requests for further information or written comments under Rule 17 of the Infrastructure Planning (Examination Procedure) Rules 2010 (EPR), which each constituted an amendment to the examination timetable. The requests issued were - 5 February 2014 – a request for further information and comments on supplementary environmental information [PD- 018]; 18 February 2014 – amended timetable, including additional dates for submission of documents [PD-019]; 12 May 2014 - further questions for the applicant on outstanding maters requiring clarification, following the ExA’s second round of written questions and the final hearings[PD- 021]; and 2 June 2014 – request for further information in relation to the splitting of deemed Marine Licences (DMLs) and charging of fees [PD-022]. 1.19 Issues relating to the status and import of the information received are considered within the Issues in the Examination in Chapter