Memorandum submitted by the Crown Estate
SUMMARY
— We welcome the draft NPS and the opportunity
to comment upon them. National Policy Statements EN-1 and
EN-3 are particularly important for clearly establishing
the case for the need for new offshore renewables development.
In our view these documents clearly articulate the need for further
renewables development and outline the issues that the IPC will
need to consider when making decisions. We identify in our submission
some areas where greater clarity may be provided.
— We particularly welcome the inclusion
of text explaining the role of The Crown Estate and the importance
of Round 3. In our view these sections provide important contextual
information to assist the IPC to understand the nature of the
applications that will be brought forward under this round of
offshore wind farm development.
— The Crown Estate can bring to bear a
high level of knowledge and expertise on issues relating to management
of the foreshore, the territorial seabed and continental shelf,
and we are committed to working with Government and all stakeholders
on issues which affect these areas. Our Marine Estate comprises
virtually the entire UK seabed out to the 12 nautical mile
territorial limit, in addition to the sovereign rights to explore
and make use of the natural resources of the UK continental shelf,
with the exception of oil, coal and gas. We own approximately
55% of the foreshore and around half the beds of estuaries and
tidal rivers in the United Kingdom.
INTRODUCTION AND
CONTEXT
The Crown Estate welcomes the publication of
the National Policy Statements on Energy and is grateful for the
opportunity to provide these comments. This response is informed
by The Crown Estate's extensive experience of managing activities
within the marine environment and, within its core remit, of balancing
economic activity with stewardship of natural resources for future
generations to use and enjoy. We are committed to working with
government departments, stakeholders and industry in helping to
manage the coastal and marine environment.
The Crown Estate can bring to bear an unparalleled
level of knowledge and expertise on issues relating to management
of the foreshore, the territorial seabed and continental shelf.
This knowledge includes marine resource management (eg marine
aggregate extraction, marine renewable energy installations, seabed
infrastructure, aquaculture and new activities such as gas storage
and carbon capture and storage) and its interplay with other marine
activities such as defence, energy, navigation and marine safety.
We have a strong understanding of the needs of a broad range of
sea users, as commercial partners, customers and stakeholders.
GENERAL COMMENTS
Round 3 will play a strategically important
role in the achievement of renewables targets (and therefore to
greenhouse gas reduction targets).
The planning regime established in the Planning
Act (2008) requires that proposals for offshore wind farms of
100MW and above are treated as Nationally Significant Infrastructure
Projects (NSIP). In practice we expect that this will include
most, if not all, wind farms that will be brought forward under
the Round 3 programme along with any proposed extensions
to existing Round 1 and 2 offshore wind farm sites where
the aggregate capacity of the original site and the extension
together exceeds 100MW. Consequently it is easy to envisage anything
between 40-70 applications being made to the IPC for offshore
wind farms under these programmes. The combined capacity of these
applications is likely to exceed 25GW and given the timeframe
within which it is proposed that wind farms become operational
(ie by 2020) it is likely that the majority of these applications
will be made between 2012 and 2016.
It is critically important, therefore, that
the Energy National Policy Statements (NPS) clearly and unambiguously
establish the needs case and the issues which the IPC should have
regard to in making its decisions.
On this basis we welcome the publication of
the draft Overarching NPS for Energy (EN-1), the draft NPS for
Renewable Energy Infrastructure (EN-3) and the draft NPS for Energy
Networks Infrastructure (EN-5). It is our view that these documents
do broadly establish the needs case for offshore renewables infrastructure
and the transmission networks required and provide useful guidance
for the IPC in its decision-making. We identify areas below where
further clarity would be helpful.
Draft Overarching National Policy Statement for
Energy (EN-1)
NPS EN-1 correctly emphasises the essential
contribution offshore renewables is expected to make to:
— Low-carbon energy generation;
— Security of supply; and
Whilst there is a clear statement in Section
3.7.1 of EN-1 that there is a significant need for all
types of electricity generation to meet these aims, the NPS would
benefit from a clearer statement about the quantum of offshore
renewable energy development required to meet renewables and greenhouse
gas reduction targets. Although Sections 3.3.14-3.3.15 and
Section 3.4.4 do provide some details of the scale of renewable
energy development that might be expected, the consideration of
various scenarios does not lead to a clear and unambiguous understanding
of the scale of development required. We believe it would be desirable
to provide a clearer statement that Round 3, along with extensions
to Round 1 and 2 sites, is expected to result in 25GW
or more of new applications and that there is a significant need
for this development.
In Section 4.19.18, EN-1 helpfully highlights
the role that Grampian conditions might play in ensuring that
potential impacts on Civil and Military Aviation and Defence Interests
are mitigated. Grampian conditions are a useful device, where
there is uncertainty about the scale of mitigation that might
be required in a particular circumstance, and their potential
use extends beyond aviation interests. It is suggested, therefore,
that the NPS provides a more general statement about the potential
applicability of Grampian conditions (along with other mechanism
such as "Rochdale envelopes") as a means of managing
uncertainty.
EN-1 (and EN-3) makes little reference
to the potential for trans-boundary effects. Although the need
for any consultation with the devolved administrations and governments
of neighbour states, where the potential for trans-boundary effects
arises, can be addressed through relevant EIA Regulations and
guidance, it would be useful to be clarify in the NPS the circumstances
in which the IPC might reasonably expect such consultation to
have taken place.
Section 4.18.12 foreshadows the designation
of Marine Conservation Zones (MCZs). In light of the enactment
of the Marine and Coastal Access Act (2009) and plans for MCZ
designation, this section could now provide more clarity on the
weight that areas with this designation should be given in the
planning decision. It would be useful to make specific reference
to the importance of the conservation objectives of these areas
as the basis on which a judgement of any likely significant effect
is to be made.
Section 4.8.20 (and elsewhere) makes reference
to the role of Natural England and the Countryside Council for
Wales. Reference should also be made to the role of the Joint
Nature Conservation Committee (JNCC) as the Statutory Nature Conservation
Agency for areas outside of territorial waters.
The Crown Estate is actively working with stakeholders
to identify potential impacts to the environment and other sea
users arising from the development of offshore renewables. In
some cases it may be possible to identify and agree solutions
to these potential effects, including, for example:
— Approaches to the analysis and interpretation
of data;
To the extent that these wider industry agreements
and approaches are relevant to applications and are supported
by relevant consultees, then we would urge the IPC to take them
into consideration when making decisions.
The need for monitoring of consented projects
is foreshadowed in Section 2.6.51-2.6.52. Monitoring is most effective
when it is targeted to specific issues arising from EIA and Habitats
Regulations Assessment. On this basis we suggest that this section
emphasise the importance of identifying monitoring requirements
that are proportionate and relevant to issues arising from the
assessment process.
Draft National Policy Statement for Renewable
Energy Infrastructure (EN-3)
We warmly welcome the inclusion in EN-3 of
the text explaining the role of The Crown Estate and the approach
that has been taken to the leasing of Round 3 wind farms.
This is important contextual information for the IPC, particularly
as the very large majority of the foreseeable future applications
for offshore wind farms will arise under the Round 3 programme.
In this respect it is important for the IPC to be aware of the
zonal approach to site selection, and the (potentially extensive)
zonal appraisal and planning activities that developers may have
undertaken prior to site selection and project application. Failure
to include this type of contextual information may lead to confusion
about the zonal approach and a lack of understanding about how
Round 3 differs fundamentally from previous leasing rounds.
Section 1.2.5 discusses the role of the
Marine Management Organisation (MMO), in light of the recent enactment
of the Marine and Coastal Access Act (2009) we suggest that, to
the extent possible, those sections relating to the MMO are updated
and expanded in light of the current understanding of its role.
CONCLUSION
We trust that you will find these comments constructive.
We would be very willing to provide additional information on
any of the points we have raised above and be very pleased to
discuss these matters with you further. We are ready to engage
in further discussions on these and other points relevant to our
ownership or which our expertise may be brought to bear. All of
this response may be put into the public domain and there is no
part of it that should be treated as confidential.
THE CROWN
ESTATE
The diverse portfolio of The Crown Estate comprises
marine, rural and urban properties across the whole of the United
Kingdom valued in total at over £7 billion (2006-07 figures).
Under the 1961 Crown Estate Act, The Crown Estate is charged
with maintaining and enhancing both the value of the property
and the revenue from it consistent with the requirements of good
management. We are a commercial organisation guided by our core
values of commercialism, integrity and stewardship.
The Crown Estate's entire revenue surplus is
paid directly to HM Treasury for the benefit of all UK taxpayers;
in 2006-07 this amounted to around £200 million.
THE MARINE
ESTATE
Our Marine Estate comprises virtually the entire
UK seabed out to the 12 nautical mile territorial limit,
in addition to the sovereign rights to explore and make use of
the natural resources of the UK continental shelf, with the exception
of oil, coal and gas. We own approximately 55% of the foreshore
and around half the beds of estuaries and tidal rivers in the
United Kingdom. A wide variety of businesses and organisations
conduct economic and conservation activities across our Marine
Estate, with an estimated total value of some £46 billion
providing almost 890,000 jobs. Over 20% of our coastal estate
is leased out to conservation bodies.
The Crown Estate manages its marine assets on
a commercial basis, guided by the principles of sustainable development
and social responsibility. We take a consistent approach to the
management of our activities around the UK, whilst retaining flexibility
to take local factors into account whenever necessary. The Crown
Estate can bring to bear an unparalleled level of knowledge and
expertise on issues relating to management of the foreshore, the
territorial seabed and continental shelf. We have a strong understanding
of the needs of a broad range of sea users, as commercial partners,
customers and stakeholders.
January 2010
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