From: Andrew Sutherland Marine Scotland Licensing Operations Team Marine Scotland 25th March 2013 Minister for Energy, Enterprise and Tourism APPLICATION FOR CONSENT UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 FOR THE CONSTRUCTION AND OPERATION OF THE EUROPEAN OFFSHORE WIND DEPLOYMENT CENTRE (EOWDC) ELECTRICITY GENERATING STATION, ABERDEEN BAY, APPROXIMATELY 2 km EAST OF BLACKDOG, ABERDEENSHIRE. Purpose To seek your determination on the application by Aberdeen Offshore Wind Farm Limited (AOWFL) (‘the Company’), for consent under section 36 of the Electricity Act 1989 to construct and operate a 100 MW demonstrator wind farm, known as the European Offshore Wind Deployment Centre (EOWDC) (‘the Development’), in Aberdeen Bay, approximately 2 km east of Blackdog, Aberdeenshire. Priority Routine. Background On 1st August 2011 the Company applied for consent to construct and operate the Development, comprising of 11 turbines each with a maximum tip height of 195 metres. As a result of issues raised during the consultation process supplementary environmental information was required and submitted on 6th August 2012. This Supplementary Environmental Information Statement (SEIS) to the application included, but was not limited to, an adjustment to the maximum tip height of the turbines, which was increased to 198.5 metres. In accordance with standard procedure and statutory and regulatory requirements, this application has been subject to wide ranging consultation. We are satisfied that there are no outstanding issues that should prevent consent being granted if you determine that is appropriate. An application for planning permission under the Town and Country Planning (Scotland) Act 1997 regarding the onshore infrastructure for the Development was submitted by the Company to Aberdeenshire Council on 20th December 2012. That application is currently under consideration by the Council. Assessment As well as delivering renewable electricity to the National Grid, making a valuable contribution to the renewables obligation and climate change targets in Scotland, the Development is first and foremost a test and deployment centre for offshore wind turbines. New technologies will be able to use the Development to demonstrate offshore wind turbine readiness, in a real time offshore environment, before full scale deployment. The project would act as proof of concept for differing technologies that will be used in £multi-billion Round 3 developments providing experience that can de-risk deployment and increase investor confidence. If consented, the wind farm would provide energy equivalent to the needs of approximately 49,000 homes. Background and consultation information for the proposal is set out at ANNEX B – BACKGROUND INFORMATION Consultation Summary During the section 36 consultation process, objections were received from, amongst others, the Scottish Environment Protection Agency (SEPA), Scottish Natural Heritage (SNH), the Royal Society for the Protection of Birds (RSPB), the Ministry of Defence (MoD), the Civil Aviation Authority (CAA), British Airports Authority (BAA), National Air Traffic Services (NATS) and the Blackdog, Milden, Eigie and Berryhill Salmon Fishery. Following the receipt of the SEIS, and further discussion between the applicant and the above named consultees, all their objections were withdrawn subject to conditions and/or agreements being in place to minimise the impact(s) of the Development. Objections from the Trump Organization and Trump International Golf Links Scotland (TIGLS) who are the owners and operators of the golf and resort complex at the Menie Estate at Balmedie, Aberdeenshire (‘the Menie Estate Golf and Resort Complex’), the Royal Aberdeen Golf Club, and Murcar Links Golf Club and from members of the public are being maintained. Public Representations This is a contentious development, receiving four hundred and sixty five (465) representations in support and one hundred and forty eight (148) objections from members of the public. These are summarised in ANNEX F – CONSULTATION ANALYSIS. Subsequent to the consultation analysis being completed, a further number of representations were submitted to Scottish Ministers in response to two campaigns supporting and opposing the Scottish Governments renewable energy policy. Correspondence indicating support or opposition to the Development was included in the total representation numbers provided above but were not included in the consultation analysis. Publicity The announcement is likely to attract significant public and media attention and handling will be discussed with Communications Greener and Communications Wealthier and Fairer. To meet any Freedom of Information requests, and in order for the determination process to be fully open and transparent, we recommend that this submission is published on the Marine Scotland Licensing page of the Scottish Government website alongside the key documentation relating to the application and the consent. Recommendation The Development offers a significant and strategic opportunity to drive the harnessing of Scotland’s vast offshore renewable resources forward by developing technologies and providing a site for manufacturers to prove new and innovative solutions. Having taken all material issues into account, including the statutory consultation responses, public representations and all other material considerations, and being satisfied that all legislative requirements have been met, we are of the view that you should: Determine that it is appropriate not to cause a public inquiry to be held and to grant consent under section 36 of the Electricity Act 1989; Please note that an application for a Marine Licence under Part 4 of the Marine (Scotland) Act 2010 is being considered alongside this Application and will be determined in due course. List of Annexes ANNEX A REGULATORY REQUIREMENTS: LEGISLATION AND POLICY ANNEX B BACKGROUND INFORMATION AND SCOTTISH MINISTERS’ CONSIDERATIONS ANNEX C ADVICE TO MINISTERS AND RECOMMENDATION ANNEX D DECISION LETTER AND CONDITIONS ANNEX E APPROPRIATE ASSESSMENT ANNEX F CONSULTATION ANALYSIS ANNEX G LEGAL ADVICE ANNEX H THE FRASER OF ALLANDER INSTITUTE REPORT ANNEX I PROJECT LOCATIONS Andrew Sutherland, Marine Renewables Licensing Advisor, Marine Planning & Policy, Ext: 785486 For Information For For Copy List: Portfolio Constit General Action Comments Interest Interest Awareness Cabinet Secretary for Finance, Employment and X Sustainable Growth Cabinet Secretary for Rural Affairs and the X Environment Minister for Environment and Climate Change X Minister for Transport and Veterans X Minister for Local Government & Planning X Lord Advocate X DG Enterprise & Environment Linda Rosborough – Marine Scotland David Palmer – Marine Scotland Jim McKie – Marine Scotland Phil Gilmour – Marine Scotland Mark Christie – Marine Scotland David Mallon – Marine Scotland David Wilson – Energy & Climate Change Colin Imrie – Energy & Climate Change Simon Coote – Energy & Climate Change Lesley McNeil – Energy & Climate Change Janine Kellett – Energy & Climate Change David Stevenson – Energy & Climate Change Murray Sinclair – SGLD Paul Cackette – SGLD Alan Williams - SGLD Lindsay Anderson – SGLD Ian Vickerstaff - SGLD Graeme Purves – Planning Keith Connal – E&RA Iain Malcolm - Freshwater Fisheries Chris Wilcock – Ports and Harbours John Mason – Enterprise David Patel – Tourism Malcolm Fleming - Advisor Carolyn Rae - Communications Communications - Greener Communications – Wealthier and Fairer ANNEX A – REGULATORY REQUIREMENTS: LEGISLATION AND POLICY APPLICATION FOR CONSENT UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 FOR THE CONSTRUCTION AND OPERATION OF THE EUROPEAN OFFSHORE WIND DEPLOYMENT CENTRE (EOWDC) ELECTRICITY GENERATING STATION, ABERDEEN BAY, APPROXIMATELY 2 km EAST OF BLACKDOG, ABERDEENSHIRE. LEGISLATION The Electricity Act 1989 1. Consent under section 36 of the Electricity Act 1989 (‘the Electricity Act’) is required for any proposal to construct, extend or operate a generating station situated in the territorial sea with a permitted generation capacity of 1 megawatt and above. A section 36 consent may include conditions as appearing to the Scottish Ministers to be appropriate. 2. Any proposal to construct, extend or operate a generating station situated in the territorial sea (out to 12 nautical miles) and wholly driven by water or wind, with a generation capacity in excess of 1 megawatt requires consent under Section 36 of the Electricity Act (as amended). This substituted reduced capacity is implemented through the Electricity Act 1989 (Requirement of Consent for Offshore Generating Stations) (Scotland) Order 2002. A consent under section 36 may include such conditions (including conditions as to the ownership or operation of the station) as appear to the Scottish Ministers to be appropriate. The consent shall continue in force for such period as may be specified in or determined by or under the consent. 3. Paragraph 3 of Schedule 9 to the Electricity Act places a duty on operators of generating stations to have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest and of protecting sites, buildings and objects of architectural, historic or archaeological interest. Operators of generating stations are statutorily obliged to do what they reasonably can to mitigate any effect the proposals may have on these features 4. Paragraph 3 of Schedule 9 to the Electricity Act also provides that the Scottish