UK offshore wind

UK

Offshore

Wind

of a Wind Farm Project - Part 11

Anatomy

G

over

enerating

UK’s

amount

of attention

last

12

months,

of the Kyoto

from renewable

sources by

seen as an important

(MOD)

Even

to its reservations impact

of

blocked

the

will

for

a

example, and the

of electricity

2010 (wind is to this

of Defence

into the debate

regarding

turbines

cerned is the MOD

in the UK

contributor

the Ministry

has entered

the

Protocol 10%

on

So con-

about this, it has even of

a major

wind farm project in Northumberland judicial

due

the negative

radar.

construction

(a

review regarding this farm is now

pending). Table

1: Summary

Following

fair

received

aim to generate

target).

from wind

has

the

because

electricity

power

be

power

procedures

regarding

States

terrorist

atrocities

in

Industry

of America,

however,

it

farm developers

interesting

undergoes

to

see

whether

a significant

wind

shift in polit-

ical perception

as the UK looks to secure

energy

by lessening

on

supply

less

stable

Middle

political

East.

therefore, gy need, wealth

Offshore

one possible especially

such

wind

one considers

oil & gas platform

the UK - an expertise itself

lends

maintenance

to

an

article

for

mandatory

and which

the building

November/December

2001

wind issue,

which

eas-

operating

and operating

: 1.; ‘s

and

farms. Masons

looking

procedures

the Department

RE

the

exper-

construction

Refocus1

consents

building

the

of offshore

In the July/August

are,

to this ener-

ily

Karen the

wrote at

the

regarding

offshore

wind

ofTrade of offshore

and wind

www.re-focus.net

(DTI)

require to fulfil.

Cooksley

of

non-mandatory

in which

these apply.

sents

table

operating The

various

a recap

required

offshore

and

covered

in

and the circumstances

provides

procedures

wind

now consider

procedures

document

The

potential Peter Cassidy”

Masons3

the DTl’s

as the

farms

solution

when

of offshore

its

its dependence

areas,

tise within

farms, of current

the recent

United

wind

on the

con-

for building farms

non-mandatory

in the

and UK.

procedures

are

now described.

Consents Under Section 36 & 37 Electricity Act 1989 (EA) Under of

the EA,

State

farms

the consent

is required

for

of the Secretary

the

construction,

in the UK

39

FEATURE

operation

or

station

extension

of more

capacity.

Further,

offence

above

50

under

to install

cable with

of any

than

ground,

except

from

anybody

wishing

shore

wind

farm

to the DTI

reference This

which

by the appropriate

Regulations

(EACR).

1990

The

EA also requires

be sent

to the relevant

and Wales,

authority.

However, powers

low water

mark

decision-making

of the planning

system.

farm

the mean

is not clear to which

the scope if a wind

authority

be made.

The

a situation

the local

it

required

the

to

development

in

all

therefore,

making

an application.

Under

these

must

desirability

of

fauna

special

also

the

and

interest,

buildings

objects

or archaeological

must

put procedures

gate damages

London

Gazette

newspaper. be

of

least,

also

served

the Secretary

of State’s powers

a notice

accompanying The

national

when

a

of publication,

objections

to the wind

should

also

and any

with the Secretary

of State.

may

is required

with

internal

waters

noted

of materials

the TWA,

consent

rights

under

rying

out

if a consent

procedure an

the

up to

obtaining

a

the carImpact

must

which

time

be lodged

If an objection

is

applicant

to discuss

difficulties.

preparation

of

an

Statement.

works

that, TWA

under gives

consent where

mandatory

hurdles

need

to

under

the EA.

applying

the EA, a separate permission

is

permission

under

sections

the

2001

required,

TCPA

RE’ ‘_

the

consents

that

seek

likelihood will

cost of all wind

advice

lifecycle the

from - not

procedures

apply

but

that,

if they

be granted

also

to are

in as

as possible.

of

References 1.

the

Copies

previous

the mandatory

able

either

at

article

deal-

issues are avail-

www.masons.com

www.re-focus.net/related/) 2.

Partner

3.

Partner

to

of Masons’

ing with

Should

* ’

In

of project

the ultimate

article

a timeframe

for planning

need

consideration.

whether

in this

or

means

under

required.

also

we believe should

of

occasion,

in the project

advise

are

a number

chances

to control

early

increase

short

into

developers

to

on

the

project,

described

36 or 37 of

application not

and

are

which,

increase

to the

developers

to be

TWA,

This

for an order

under

is usu-

in addition

there

be taken

to

only

it is

that,

to fulfil,

experts

control. where

the

be sent

Environment

the consent

procedures

required

farm

water

be deemed

under

the

Conclusion

any such

if the Secretary

order

or consent

November/December

planning

can

the TCPA

an

low

circumstances

permission

granted State

to TCPA

in those

mean

potential

two months.

So, it can be seen

order

above

any

will then

returned,

the who

the necessary

out

by

within

is

with

engineer,

prepare iron

form

Once

success

those

therefore, Agency

it is usual for the

The applicant

application

Agency.

and,

Agency

and

the

the Water

the proposals

Environment

other

Planning Permission Under the Town and Country Planning Act 1990 (TCPA). Only

199 1 (WRA)

In this instance,

local

with

of the Environment

ally processed

be

Environmental

and

watercourses,

required.

an

It should

for

Act

to erect a

in the

the TWA does require

of

is

that

and Wales,

waters.

may

a river, estuary

comply

will help the applicant

out and use

of navigation

smaller

must

documentation

a devel-

structures)

other

the consent

of

of a developer

in, over or under

Resources

on, under

to carry

of England

the

farm

development

such consent

whereby

utility

of territorial

that,

If it is the intention wind

for any

ot improvement

However,

(including

interfere

grants

Statement).

during

works

required,

to determine

published,

farm

under

However,

date of at least 28 days from the

last date

or depositing

level are subject

Nature

of the application

application,

the

it is within

Environmental

give a closing

EA

at the very

bodies

of State

Statement

Structures Erected in Watercourses or various

alteration

Environmental

for two

the

(Note,

interested

of the

a public

be held.

of the Secretary

Assessment

Interest,

on

Council.

be given

his-

the

one

must,

Conservancy other

sites,

the site in ques-

Scientific

of the application

be raised from

as to whether

an Environmental

or will

The Transport & Works Act 1992 (TWA) Asdetailed in our earlier article, the consent

the limits

of

newspaper,

at least should

notice

whether

the

be necessary.

finalised,

under

by the applicant,

Special

be

beauty,

Developers

When

in a local and

objections

oper can be authorised

of

of architectural, interest.

Further,

conditions

then it is at the discretion

should

obtained

the

features

application

weeks

obtained,

authority

the consent

does not need to be obtained

in place that will miti-

be published

successive

not

to

as protecting

in this regard.

of the

which

or over the seashore.

before

regard

geographical

toric

a notice

DTI

natural

as well

and

are

or supplier

have

preserving

Should

of State

inquiry

works,

and

Developers

the EA, a generator

electricity

tion

that

consult

be granted.

construction,

however,

Statements

instances.

should,

must

in the consul-

involvement,

noted

in

suggests planning along

This

be

it

runs

to Environmental

should

flora,

DTI

be involved

process.

is limited

mark

further

under

other sources

border the

or impose

Secretary

planning

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should

nearest

this

is outside low water

a relevant

of State must either hold a pub-

modifications

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in such

tation

40

- beyond

from

the Secretary lic inquiry

the limit

that

should

received

the

is deemed

tion

question

within

to

is usually

authority’s

coastline

and Asia.

both

projects

for

authority

of a planning

whose

in the UK, Europe

of renewable

can

the application planning

local planning

authority

of offices

in a number

by

fee - a scale for which

is outside

involved

will be affected.

Consent)

limit,

law firm with a network

has been

group

also be accompanied

(Application

to be mean

is an international

energy

in

the land,

in the Electricity

in England

1

an off-

apply

be found

which,

WIND

of State.

to develop must

must

OFFSHORE

in accordance

and describe

to a map,

application

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an electric

the Secretary

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UK

Masons

the EA it is also an

or keep installed

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be

www.re-focmnet

group

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