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The Planning Act 2008, As Amended Walney Extension Offshore Wind

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The Planning Act 2008, As Amended Walney Extension Offshore Wind The Planning Act 2008, as amended Walney Extension Offshore Wind Farm Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Energy and Climate Change _______________________________________ Robert Macey Philip Asquith Kelvin MacDonald Examining Authority Report to the Secretary of State This page intentionally left blank Report to the Secretary of State Examining Authority's findings and conclusions and recommendation in respect of the proposed Walney Extension Offshore Wind Farm File Ref EN010027 The application, dated 28 June 2013, was made under section 37 of the Planning Act 2008, as amended, and was received in full by The Planning Inspectorate on 28 June 2013. The Applicant is DONG Energy Walney Extension (UK) Ltd. The application was accepted for Examination on 22 July 2013. The Examination of the application began on 12 November 2013 and was completed on 12 May 2014. The development proposed comprises the construction and operation of up to 207 wind turbine generators and a network of subsea inter-array cables, together with associated development offshore of up to three substation platforms and connection works of up to five export cable systems. Associated development onshore consists of up to five onshore export cable systems; an electrical substation compound to the north of the A683 Heysham-Morecambe bypass; permanent access to the electrical substation compound; temporary access roads and working areas; and up to two 400kV export cable systems running from the new substation in a north-westerly direction. These will connect to a new National Grid Middleton substation (subject to an extant planning permission) to the north-west of the junction of the A683 and Imperial Road. Summary of Recommendation: The Examining Authority recommends that the Secretary of State for Energy and Climate Change should make the Order in the form attached at Appendix 4. Report to the Secretary of State 1 7 August 2014 Contents 1 INTRODUCTION ........................................................................... 3 2 MAIN FEATURES OF THE PROPOSAL AND SITE ................................. 6 3 LEGAL AND POLICY CONTEXT ...................................................... 11 4 FINDINGS AND CONCLUSIONS IN RELATION TO POLICY AND FACTUAL ISSUES ..................................................................................... 15 MAIN ISSUES IN THE EXAMINATION ............................................... 15 BIODIVERSITY AND ECOLOGY ...................................................... 24 CIVIL AND MILITARY AVIATION AND DEFENCE INTERESTS ..................... 51 COASTAL PROCESSES, SEDIMENT, WATER QUALITY, WASTE AND DEBRIS IMPACTS ............................................................................... 63 COMMERCIAL FISHING .............................................................. 66 CONSTRUCTION, MAINTENANCE AND DECOMMISSIONING ..................... 69 ELECTRIC AND MAGNETIC FIELDS (EMF) ......................................... 73 HEALTH ................................................................................ 74 HISTORIC ENVIRONMENT ........................................................... 75 LANDSCAPE AND VISUAL IMPACTS ................................................. 80 NOISE ................................................................................. 88 SHIPPING ............................................................................. 91 SOCIO-ECONOMIC IMPACTS ........................................................ 96 TRAFFIC AND TRANSPORT ........................................................... 99 5 FINDINGS AND CONCLUSIONS IN RELATION TO HABITATS REGULATIONS .......................................................................... 108 6 COMPULSORY ACQUISITION (CA) ............................................... 121 7 DEVELOPMENT CONSENT ORDER ................................................ 152 8 SUMMARY OF CONCLUSIONS AND RECOMMENDATION .................. 166 Appendices 1 EXAMINATION LIBRARY .............................................................. A1 2 EVENTS IN THE EXAMINATION AND PROCEDURAL DECISIONS ....... A21 3 LIST OF ABBREVIATIONS ...........................................................A23 4 RECOMMENDED DEVELOPMENT CONSENT ORDER AND DEEMED MARINE LICENCES ....................................................................A26 5 REPORT ON IMPACT ON EUROPEAN SITES ................................... A27 Report to the Secretary of State 2 7 August 2014 ERRATUM SHEET –Walney Extension Offshore Wind Farm - Ref. EN010027 Examining authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for the Department of Energy and Climate Change, dated 7 August 2014 Correction agreed by the Examining Authority prior to a decision being made Page No. Paragraph Error Correction 115 5.44 113 breeding season 111 breeding season collisions collisions 1 INTRODUCTION 1.1 This report sets out the main findings, conclusions and recommendations in relation to an application for a Development Consent Order (DCO)1 for the construction of up to 207 wind turbines and associated grid connection infrastructure. The turbines are proposed for an area of the Irish Sea west of Cumbria; the grid connection is proposed via a new substation at Heysham, Lancashire. 1.2 On 4 October 2013, Robert Macey, Philip Asquith and Kelvin MacDonald were appointed under sections 61 and 64 of the Planning Act 2008, as amended (PA2008) [PI-004], under delegation from the Secretary of State (SoS) as the Examining Authority (ExA) to examine and report on this application. Robert Macey was appointed the lead member of the panel. Procedural decisions 1.3 The ExA conducted its Examination between 12 November 2013 and 12 May 2014. It issued two full rounds of written questions and four further requests for information. There were three issue specific hearings (ISHs) and two open floor hearings (OFHs), and a number of site visits as discussed below. No requests were received for a hearing on compulsory acquisition (CA). 1.4 The full list of procedural decisions and events in the Examination is at Appendix 2. Site visits 1.5 No proposals for accompanied site visits (ASVs) were suggested on the UK mainland, with the Planning Performance Agreement Authorities (PPAA)2 identifying no such need [D1-031]. The Isle of Man Government (IoMG) [D1-035], Isle of Man Steam Packet Company (IoMSPC) [D1-029] and Mr John Pennington [D1-003] suggested visits to the Island via a ferry crossing. The IoMG further suggested a visit to the airport to view radar operations. The IoMSPC suggested attendance at a bridge simulation exercise to inform the issue of safety to shipping, with this latter suggestion reiterated by Stena Line [D1-032]. 1.6 The ExA undertook a number of unaccompanied site visits of the application site and surroundings. These visits took place between November 2013 and March 2014 and included: the site of the proposed substation, viewed from a number of relevant locations; 1 Appendix 3 provides a schedule of abbreviations used in this report. Terms are spelt out in full the first time they are used. 2 See paragraphs 3.9 and 3.10 of this report below for a description of the PPAA. Report to the Secretary of State 3 7 August 2014 Middleton Playing Fields and Middleton Sands on the proposed onshore cable route; the majority of sites of the Applicant's photomontages of the proposed turbines, including Black Combe summit and Maughold Head; a return journey on the Ben-my Chree ferry, the route of which passed close to the application site and to existing wind farms. 1.7 None of these visits were accompanied, and all locations visited were publically accessible. The issues informed by the visits are discussed below. We concluded that the evidence we received on navigation issues would be unlikely to be enhanced by the suggested viewing of simulation exercises and radar displays, with potential risks to the integrity of the Examination. Other consents required 1.8 The Applicant has listed thirteen consents which may be required under other legislation [AD-051]3. Its electricity generation licence has already been granted; three of the potential consents formed part of the Examination relating to appropriate assessment and CA and are considered as applicable below. Other consents to be sought if the DCO is granted have not been the subject of detailed consideration, with the Statements of Common Ground (SoCGs) with the Environment Agency (EA), local authorities and the Highways Agency (HA) addressing the main relevant issues and identifying no substantive issues impacting on the likelihood of consent being granted. We have no grounds for believing the relevant consents would not be forthcoming. Deemed Marine Licences (DMLs) 1.9 The application also seeks the approval of two DMLs covering generator assets and transmission assets, with the recommended licences at Schedules 9 and 10 of the DCO. These have been considered in some detail during the Examination. Undertakings given to support the application 1.10 The Applicant, and Christopher John Hargreaves, the owner of Shorefields Caravan Park, have made a Unilateral Undertaking for the benefit of Lancaster City Council under Section (s) 106 of the Town and Country Planning Act 1990 (as amended) [D4A-009]. A certified copy of the obligation was provided to the Examination on 14 March 2014. 3 References in square brackets are to documents listed in Appendix 1, the Examination Library Report to the Secretary
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