Walney Extension Offshore Wind Farm

Transcription

1 WALNEY EXTENSION OFFSHORE WIND FARM Walney Extension Offshore Wind Farm Statement of Common Ground Between: 1. DONG Energy Walney Extension (UK) Limited 2. Whale and Dolphin Conservation In relation to the proposed Walney Extension Offshore Wind Farm

2 Walney Extension Offshore Wind Farm Statement of Common Ground 12 December 2013 DONG Energy Walney Extension (UK) Ltd. 33 Grosvenor Place, Belgravia, London, SW1X 7HY DONG Energy Power (UK) Ltd., 2012 Prepared by: Emma Heywood (DONG Energy) / Andrew Prior (Source Low Carbon) Checked by: Sally Holroyd (DONG Energy) Checked by: Francesca de Vita (DONG Energy) Approved by: Cliff Pullen (DONG Energy) Revision history Version Date Author History 1 31/10/13 Emma Heywood (DONG First draft for discussion with WDC Energy) / Andrew Prior, Source Low Carbon 2 09/12/13 Emma Heywood (DONG Energy) / Andrew Prior, Source Second draft - first draft amended following WDC comments (received 4 December 2013) Low Carbon 3 12/12/13 WDC Final comments issued. Final 12/12/13 Signed by all parties for submission to the Examining Authority for the Deadline no. 1 of XX December 2013 Page i

3 Signed Printed Name Position On behalf of Vicki James Science Assistant Whale and Dolphin Conservation Date 12 th December 2013 Signed Printed Name Position On behalf of Cliff Pullen Project Development Manager DONG Energy Walney Extension (UK) Limited Date 12 th December December 2013 Page ii

4 1 Introduction 1.1 This Statement of Common Ground (SoCG) has been prepared in respect of the application for a development consent order (DCO) for the Walney Extension Offshore Wind Farm, submitted to the Planning Inspectorate (PINS) by DONG Energy Walney Extension (UK) Limited (the Applicant) on 28 June 2013 under the Planning Act 2008 (the Application). 1.2 This SoCG, between the Whale and Dolphin Conservation (WDC) and the Applicant, has been produced to identify areas of agreement, and where there remain topics or specific issues of disagreement between the parties. SoCGs are an established means in the planning process of allowing all parties to focus on specific issues that need to be addressed during examination and are envisaged by Rule 8(e) of the Infrastructure Planning (Examination Procedure) Rules Additionally, the SoCGs may be requested by PINS as a means of informing their examination of a DCO application. 2 Structure 2.1 The structure of this SoCG is based upon the relevant representation made by WDC in response to the publication of the Application. The structure of this SoCG is as follows: Introduction Structure The Development Application elements under remit of WDC Consultation Topic specific matters agreed, not agreed and actions to resolve in relation to impacts on cetaceans Glossary 2.2 The Applicant and WDC have not been able to agree on any of the issues raised in the relevant representation referred to at paragraph 4.1 below. The Applicant intends these issues to be the subject of ongoing discussion wherever possible to resolve, or refine, the extent of disagreement between the parties, however it is acknowledged that WDC s resources to enter into such disucssions are limited. 3 The Development 3.1 The Application relates to the construction and operation of an offshore wind farm located in the Irish Sea approximately 19 km west-south-west of the Isle of Walney coast in Cumbria, 26 km southwest of the Millom coast in Cumbria, 35 km northwest of the Fleetwood and Blackpool coast, and 31 km southeast of the Isle of Man (the Project). The proposed Project covers an area of 149 km² and will connect, via underground cables, to a new onshore 12 December 2013 Page 1

5 substation, which will be built by the Applicant close to the existing Heysham 400 kv substation. 3.2 The proposed DCO will, amongst other things, authorise: offshore wind turbines and foundations (up to 207 wind turbines with a maximum tip height of 222m to provide an installed capacity of up to 750MW); up to three offshore substations and foundations; undersea cables between the wind turbines and offshore substations; up to five buried offshore undersea export cable systems to transmit electricity from the offshore substations to the shore; onshore a landfall site at Middleton Sands near Heysham, with onshore transition joint bays to connect the offshore and onshore cable systems; up to five onshore underground export cable systems with jointing bays to transmit electricity to a new onshore substation, close to the existing Heysham 400 kv substation, to connect the offshore wind farm to the National Grid; the permanent and/or temporary compulsory acquisition of land and/or rights for the Project; overriding of easements and other rights over or affecting land for the Project; the application and/or disapplication of legislation relevant to the Project including inter alia legislation relating to compulsory purchase; and such ancillary, incidental and consequential provisions, permits or consents as are necessary and/or convenient. 3.3 The Project is described in detail in Chapter 4 of the Environmental Statement (ES) which accompanies the application for development consent 3.4 The exact size, layout and methodology for delivery of the proposed wind farm is yet to be determined and the Applicant needs to retain some flexibility to take into account technological advancements, infrastructure availability and costs up to the time of construction. For this reason, the proposal is described in the form of a design envelope, which states the maximum adverse case scenario within which the project would be built. This is an established principle, also known as the Rochdale envelope which is commonly used for proposals of this type, where there is a rapid development of the technology, changing market conditions and a long lead- time to construction. 3.5 The Application was submitted to PINS on 28 June 2013 and accepted for examination on 22 July 2013 under PINS reference EN Notice of the Application was publicised between 1 August and 20 September Application elements under remit of WDC 4.1 Whale and Dolphin Conservation (WDC) is a global charity dedicated to the conservation and protection of whales, dolphins and porpoises. WDC has been consulted upon the Application by the Applicant and has submitted a relevant representation to PINS in respect of the Application (Representation December 2013 Page 2

6 4.2 WDC have not reviewed documentation relating to the following: The policy context relating to the Project outlined in Chapter 2 of the Environmental Statement accompanying the Application (ES) The ES methodology outlined in Chapter 3 of the ES The project description set out in Chapter 4 of the ES The description and process of site selection and consideration of alternatives set out in Chapter 5 of the ES and Chapter 3 of the Planning Statement Ecological topics (including terrestrial and marine) other than those related to impacts on cetaceans detailed in Chapters 9 (Offshore Noise and Vibration) and 12 (Marine Mammals) of the ES Other receptor topics (either terrestrial or marine) addressed within the ES 5 Consultation 5.1 The consultation carried out by the Applicant, and the way in which it has informed the Project proposals, is set out in full in the Consultation Report (Document 5.0) submitted with the Application. This pre-application consultation has included WDC. 5.2 This consultation has included providing WDC with documentation for review and comment throughout the pre-application process, for example through provision of technical reports and draft ES chapters. 5.3 Consultation with WDC continues in order to discuss and resolve outstanding issues and develop resolutions as listed in this SoCG. An initial meeting was held on 2 nd September 2013 following the submission of the Application, and comments were received on v1 of this document on 4 th December The SoCG was finalised to contain both parties' positions on 12 th December December 2013 Page 3

7 6 Impacts on cetaceans Ref Issue Comments of WDC Comments of Applicant Status 6.1 General concerns on impacts on cetaceans and critical habitats for key species The waters surrounding the UK, including the Irish Sea, offer a variety of rich cetacean habitats in the UK. Many species not found in other parts of the UK are routinely found in coastal waters. Large gaps still remain in our knowledge of the cetaceans which live year round or migrate through our waters. No clear picture exists of their abundance and distribution in most areas of UK so the precise location of critical habitat areas is still largely unclear, although areas of the Irish Sea that may potentially be affected by the proposed development are considered as critical habitat for harbour porpoise and areas of importance for Risso s dolphin, minke whale and bottlenose dolphin. WDC have reviewed the surveys undertaken as described in chapter 12 and feel that although there have been a number of surveys undertaken that in particular the boat-based surveys have not been continuous (4 months in 2011 and 8 months in 2012 with a break of 3 months in between), and therefore cannot give a true representation of marine mammal Site specific surveys for marine mammals took place which, together with other surveys (including the SCANS surveys), provide a good picture of abundance and distribution. These surveys, and their regional context, are described in Chapter 12 of the ES. The Applicant is not aware of any habitat of critical importance for the key species identified in the survey in the vicinity of the Project. Furthermore site specific noise modelling was undertaken for the project which calculated precautionary thresholds for behavioural displacement. These potential areas of influence (described in Chapters 9 and 12 of the ES) do not overlap with any habitat identified by WDC in previous correspondence as being critical. Potential impact distances cited by WDC in earlier consultation were generic in nature and the Applicant believes that greater weight should be placed on the precautionary modelling carried out for the Project. This issue is not agreed. 12 December 2013 Page 4

8 Ref Issue Comments of WDC Comments of Applicant Status populations and their use of the area. SCANS surveys are run 10 years apart and only give a snapshot of cetacean abundance and cannot be relied upon to give abundance and distribution numbers. WDC have not been able to review chapter 9 so can not comment on the details of the noise modelling, however a number of studies show reactions of cetaceans to pile driving noise up to 80km away and masking communication up to 40km. These distances overlap with important habitats for harbour porpoises, minke whales and bottlenose dolphins. It shows that the potential range for pile driving noise to be generated by harbour porpoises crosses an area that is critical habitat for that species, WDC believe that the impacts for pile driving range further than considered in the modelling exercise. 6.2 Noise impacts and displacement/disturbance on a range of cetaceans - including habitat displacement WDC is concerned about the potential for cetaceans to be disturbed and displaced, including by the noise introduced into their environment. Noise will be produced throughout the life of the development, including construction, operational and decommissioning phases, and from associated vessel traffic. The Applicant agrees that noise will arise throughout the lifecycle of the Project. The extent to which this noise is biologically significant is considered in Chapter 12 of the ES. The Applicant agrees that noise during the construction phase has the greatest potential to give rise to adverse This issue is not agreed 12 December 2013 Page 5

9 Ref Issue Comments of WDC Comments of Applicant Status Our concerns are particularly related to noise especially during the construction phase as this is the stage where there is the greatest potential to negatively impact whales, dolphins and porpoises. Marine renewables may impact on cetaceans in ways ranging from collisions to habitat displacement due to the effects of noise and disturbance. Noise pollution has the potential to displace animals and populations, interfere with normal behaviour and, at very high intensities, may be physically damaging. All cetaceans are offered strict protection under the Habitats Directive. WDC feel that the extent of the impact may be higher than that covered in the ES WDC disagree with the conclusion that displacement of cetaceans will be temporary and that it is unlikely to be biologically significant. Studies so far show that in most instances cetaceans do not return to their usual numbers. Even where areas have been recolonised, it is not clear if these are the same animals returning or new animals moving into the area. The significance of such disturbance is not understood. environmental effects. This potential is considered in Chapter 12 of the ES where it is considered that temporary displacement of marine mammals may occur but that displacement is unlikely to be biologically significant at the population level. The ES considers that the potential for injury or death to marine mammals arising from construction noise is not significant in EIA terms and can be mitigated further by use of appropriate mitigation. The requirements of the Habitats Directive are considered in Chapter 12. The requirement for a European Protected Species (EPS) licence for construction noise is discussed in Document 12.7 accompanying the Application WDC disagree that the impact on cetaceans is 12 December 2013 Page 6

10 Ref Issue Comments of WDC Comments of Applicant Status not significant. There are no details here on mitigiation measures that may be used or the commitment to use them. Document 12.7 has not been studied by WDC. WDC need to know the conclusion of this document to be able to comment. 6.3 Significance of disturbance and behavioural impacts on harbour porpoise due to underwater noise generated during pile driving The limited research conducted so far has shown the potential for pile driving to cause behavioural changes in harbour porpoises which leave the area during construction and in some instances did not later return to their usual numbers. Even where areas have been recolonised, it is not clear if these are the same animals returning or new animals moving into the area. The significance of such disturbance is not understood. WDC is not aware of any the research which the applicant refers to and does not agree with the applicant. As stated all current research shows potential for significant impact on harbour porpoises and WDC strongly suggests that all the current research is fully taken into account. There are no complete studies of cetaceans around the UK coastline and therefore it The Applicant does not agree with this summary of current research. There is a significant amount of research which suggests that marine mammal densities return to previous levels after relatively short periods of time in many locations. While it is agreed that the biological significance of disturbance is not clearly understood the relatively low densities of marine mammals at the Project site suggest that population level effects are unlikely to arise. Harbour porpoise are a wide ranging and generalist species found throughout the Irish Sea. For example, Chapter 12 of the ES outlines that the harbour porpoise foraging habitat potentially affected is a very small percentage of that available in the Irish Sea. Taking this and a number of other factors into account, Chapter 12 outlines that the behavioural effect of noise This issue is not agreed 12 December 2013 Page 7

11 Ref Issue Comments of WDC Comments of Applicant Status cannot be realiably concluded that there are low densities of cetaceans at the project site, that the significance of pile driving on harbour porpoise populations will be slight or not significant. generated from piling on harbour porpoise is of slight (adverse) significance, which is not significant in EIA terms. 6.4 Cumulative and Incombination effects The combined effects of these developments with other industries operating in the marine environment, such as shipping and oil and gas exploration, are also largely unknown. Yet it is important that cumulative and in-combination impacts be adequately considered and our understanding developed. WDC feel that further consideration should be given to cumulative impacts, if construction were to happen at the stated time with other offshore wind farms, then this would cover a significant proportion of the life time of a harbour porpoise and could impact feeding, breeding, nursing, calving and migration.therefore having a more significant impact than concluded in the ES. Other activities other than offshore wind farms need to be considered e.g shipping, to give an accurate assessment of the potential cumulative impacts Cumulative and in-combination effects are fully considered in the ES which concludes that the most likely effects would arise as a result of simultaneous piling of wind farm projects. Potential simultaneous piling is considered in respect of the Burbo Bank Extension Wind Farm and the Project (at the start of the indicative construction window) and in respect of the Rhiannon offshore wind farm and the Project (at the end of the indicative construction period). The ES assessment (see section of Chapter 12 of the ES) considered that disturbance and barrier effects could arise from these cumulative impacts, which were assessed as being of slight (adverse significance) for harbour porpoise and moderate adverse significance for grey seal. This issue is not agreed 12 December 2013 Page 8

12 Ref Issue Comments of WDC Comments of Applicant Status 6.5 Mitigation WDC would like to see a commitment to undertake mitigation measures both initially and as well as the flexibility to do so if issues arise. Mitigation measures have been considered by the Applicant and are outlined in Chapter 12. These include the requirement to agree a marine mammal mitigation plan (MMMP) with the MMO, in consultation with JNCC and Natural England. Such a MMMP would include soft start mitigation as detailed in the chapter 12 and modelled in Chapter 9. The deemed marine licence secures this requirement at condition 9(1)f of Schedule 9 of the DCO. Additionally construction noise monitoring is required under condition 13.3 of the deemed marine licence. Further mitigation could also be secured as part of the EPS licence process detailed in the application documents (Document 12.7) This issue is not agreed 12 December 2013 Page 9

13 8 Glossary 2008 Act The Planning Act 2008 DCO EIA ES ExA SOCG WDC Development Consent Order Environmental Impact Assessment Environmental Statement Examining Authority Statement of Common Ground Whale and Dolphin Conservation 12 December 2013 Page 10