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Consultation Report East Anglia THREE Offshore Windfarm November 2015

East Anglia THREE

Consultation Report

Document Reference – 5.1

Author – Royal HaskoningDHV East Anglia THREE Limited Date – November 2015 Revision History – Revision A


This Page Is Intentionally Blank


Table of Contents

1 Summary ...................................................................................................... 5

1.1 Introduction .......................................................................................................... 5

1.2 Consultation Requirements and this Report ........................................................ 6

1.3 Background ........................................................................................................... 6

1.4 Timing ................................................................................................................... 7

1.5 SoCC consultation ................................................................................................. 7

1.6 Section 47 Consultation – Community and Wider Consultation .......................... 8

1.7 Section 42 consultation – Statutory and Prescribed Bodies Consultation ........... 9

1.8 Section 48 publicity .............................................................................................. 9

1.9 Conclusion ............................................................................................................ 9

2 Introduction ............................................................................................... 11

2.1 The Proposed East Anglia THREE Project ........................................................... 11

2.2 The Application ................................................................................................... 12

2.3 EATLs Approach to Consultation ........................................................................ 12

2.4 East Anglia FOUR ................................................................................................ 12

2.5 This Report .......................................................................................................... 13

3 Statutory Requirements .............................................................................. 20

3.1 The Consultation Report ..................................................................................... 20

3.2 Relevant Legislation and guidance ..................................................................... 20

3.3 Relevant Guidance .............................................................................................. 22

4 Consultation on the SoCC and Development of Community Consultation

Strategy ...................................................................................................... 24

4.1 Summary ............................................................................................................. 24

4.2 Statutory Requirements and Guidance .............................................................. 25

4.3 Defining who Should be Consulted .................................................................... 26

4.4 Development of the SoCC ................................................................................... 27

4.5 The Final SoCC and the Report to Inform the SoCC ........................................... 31


4.6 Publication of the SoCC ...................................................................................... 32

4.7 Update to the Statement of Community Consultation ...................................... 34

4.8 Summary of the Community Consultation Strategy .......................................... 36

4.9 Compliance with the SoCC .................................................................................. 37

4.10 Statement of Compliance ................................................................................... 37

5 Informal community involvement ............................................................... 39

5.1 Introduction ........................................................................................................ 39

5.2 Phase I Public Information Days ......................................................................... 39

5.3 Other Informal Engagement ............................................................................... 41

5.4 Informal public updates ...................................................................................... 42

6 Section 47 Consultation .............................................................................. 44

6.1 Summary ............................................................................................................. 44

6.2 Consultation Activities ........................................................................................ 45

6.3 Phase I PIDS ........................................................................................................ 45

6.4 Phase IIa PIDs – Consultation on the PEIR .......................................................... 45

6.5 Public Information Days – Phase III of Consultation .......................................... 50

6.6 Community Involvement .................................................................................... 52

6.7 Compliance Statement ....................................................................................... 52

7 Section 48 Publicity Notices ........................................................................ 56

7.1 Summary ............................................................................................................. 56

7.2 Publication and Contents of Notices .................................................................. 56

7.3 Compliance Statement ....................................................................................... 57

8 Consultation Under the EIA Regulations ...................................................... 59

8.1 Summary ............................................................................................................. 59

8.2 The Scoping Report 2012 .................................................................................... 59

8.3 Screening Note: Consideration of Transboundary Impacts ............................... 60

8.4 The Planning Inspectorate‘s Advice Based upon Consultation on the Scoping

Reports, Supplementary and Transboundary Information ................................ 60


9 Non-Statutory Technical Consultation ......................................................... 62

9.1 Summary ............................................................................................................. 62

9.2 Introduction ........................................................................................................ 62

9.3 Onshore .............................................................................................................. 62

9.4 Offshore .............................................................................................................. 66

9.5 Non Statutory Consultation with Directly Affected Landowners ....................... 71

9.6 Changes in Programme ....................................................................................... 72

9.7 Environmental Statement Chapter Reviews ...................................................... 73

9.8 Consultation of the DCO and other Certified Documents .................................. 75

9.9 Conclusion .......................................................................................................... 84

10 Statutory Nature Conservation Body (SNCB) Informal Consultation ............. 85

10.1 Summary ............................................................................................................. 85

10.2 Evidence Plan ...................................................................................................... 85

10.3 Draft ES chapter review ...................................................................................... 90

10.4 Final Pre-application Steering group meeting .................................................... 90

10.5 Conclusion .......................................................................................................... 91

11 Section 42 Consultation .............................................................................. 92

11.1 Summary ............................................................................................................. 92

11.2 Section 42 Consultation Requirements .............................................................. 92

11.3 Identification of Section 42 Consultees .............................................................. 92

11.4 Phases of Section 42 Consultation ..................................................................... 96

11.5 Phase IIa - Consultation on the PEIR................................................................... 97

11.6 Phase IIb – Consultation on the Cable Route Accesses .................................... 103

11.7 Phase III – Consultation on Phasing .................................................................. 105

11.8 Statement of Compliance ................................................................................. 111

12 Conclusion ................................................................................................ 112

13 References ................................................................................................ 113

14 Acronyms and Glossary ............................................................................. 114


14.1 Abbreviations .................................................................................................... 114

14.2 Glossary of terms .............................................................................................. 114

15 Final Statement of Compliance ................................................................. 116

Consultation Report East Anglia THREE Offshore Windfarm November 2015 Page 1

Appendices to this Consultation Report are listed in the table below.

Appendix number Title

1 Consultation on the early draft Statement of Community Consultation and early draft Report to Inform the Statement of Community Consultation

2 Consultation on the Second draft Statement of Community Consultation and Second draft Report to Inform the Statement of Community Consultation

3 Consultation on Draft Update to Statement of Community Consultation

4 Final Statement of Community Consultation

5 Final Report to Inform the Statement of Community Consultation

6 Final Update to the Statement of Community Consultation

7 Record of Formal Meetings

8 Advert for the Statement of Community Consultation

9 Summary of Environmental Considerations Onshore

10 Summary of Environmental Considerations Offshore

11 Evidence of Statement of Community Consultation and Report to inform the Statement of Community Consultation on the project website

12 Advertising the Publication of the Statement of Community Consultation and Phase I Public Information Days.

13 Email to registered website users at the time of the Phase I Public Information Days

14 Consultation on Early Draft Update to Statement of Community Consultation

15 Phase III Section 47(6) and 48 Notices and evidence of them published in newspapers

16 Phase I Public Information Day Display Boards

17 Phase I Public Information Days Feedback Form


18 Summary of Phase I Feedback Form Responses

19 List of Informal Consultation Meetings and Locally Awarded Contracts

20 Email sent to Parish Councils 14th April 2015 Informing of Revised Application Date

21 Phase III Advertising Poster and Email sent to Parish Councils

22 Advertising Section 42 Phase IIa Consultation

23 Materials used in the Phase IIa Public Information Days

24 Section 48 Notices for Phase IIa in National Newspapers

25 Article from the BBC news website, 16th June 2014

26 Phase III Public Information Day Display Boards

27 Phase III Public Information Days Feedback forms

28 Example of an East Anglia Offshore Wind Newsletter

29 Master Consultee List

30 Phase III Section 42 Letter to Statutory consultees

31 Phase III Section 42 Letter to Parish Councils

32 Phase III Section 42 Letter to Transboundary consultees

33 Phase III Section 42 Letter to Fishermen consultees

34 Example letter sent to vessel operators (and list of recipients)

35 Informal Consultation with Landowners

36 Example of letter informing consultee of programme change

37 The East Anglia THREE Evidence Plan

38 Phase IIa Formal Consultee responses

39 Phase IIb Formal Consultee responses


40 Phase III Formal Consultee responses

41 Phase IIa pre-Section 42 consultation letter

42 Section 42 letter Accompanying the Phase IIa

43 Invitation to Councils to Attend Councillor Specific Information Session on 16th June 2014

44 Section 44 Phase IIa Letter to Landowners

45 Phase IIa Section 46 letter to The Planning Inspectorate accompanying the

46 List of Consultees that Responded to Section 42 Consultation

47 Example of Section 42 Reply Letter

48 Letter sent to Newly Identified S44 Consultees

49 East Anglia THREE Cefas Meeting Minutes – 26th June 2014

50 List of National Air Traffic Management Advisory Committee members directly

Emailed requesting comments on PEIR

51 Section 42 Phase IIb consultation letter sent to Parish Councils

52 Section 42 Phase IIb consultation letter sent to Landowners previously consulted

53 Section 42 Phase IIb letter to newly identified landowners

54 Section 42 Phase IIb letter to previously consulted statutory consultees

55 Section 42 Phase IIb letter to newly

identified Transboundary consultees

56 Section 42 Phase IIb letter to Transboundary consultees

57 Section 42 Phase IIb Plans

58 Advertising the Phase III Consultation

59 Phase III Report (Consultation)


60 Phase III Section 46 Letter to Planning Inspectorate

61 Phase II Section 44 Site Notices and locations

62 A3 Map used for Phase III Site Notices

63 Phase III Site notice locations and photographs of notices in situ

64 Phase III Section 44 Letter to Landowners and Mortgagees


1 SUMMARY

1.1 Introduction

1. The East Anglia THREE Offshore Windfarm (The proposed East Anglia THREE project)

is being proposed by East Anglia THREE Limited (EATL), a subsidiary of East Anglia

Offshore Wind Limited (EAOW), a joint venture between ScottishPower Renewables

(SPR) and Vattenfall Wind Power Limited.

2. SPR is part of the Iberdrola group, one of the largest utilities in the world and the

leading wind energy producer. Committed to sustainable value creation for all

stakeholders, Iberdrola is focused on the Atlantic Area and has a renewables

capacity of over 24,900 MW. In addition to a strong global onshore portfolio

including Whitelee (the UK’s largest onshore windfarm), and investment in the

emerging marine energy industry, Iberdrola’s global offshore wind business is

managed from Glasgow and is currently progressing the development of offshore

wind throughout the UK, Germany and France, cementing its position at the

forefront of the renewable energy industry.

3. Vattenfall is one of Europe’s largest generators of electricity and the largest

producer of heat. The Parent Company, Vattenfall AB, is 100%-owned by the

Swedish state. Vattenfall owns and operates a broad range of assets across Europe

from six energy sources – biomass, coal, hydro, natural gas, nuclear and wind

power. The company‘s main business interests are in Sweden, Germany, the

Netherlands, Denmark and the UK. Vattenfall sees wind power as a cornerstone of

its total energy mix and currently has over 1000 turbines installed in its core

markets. In the UK, Vattenfall owns and operates Thanet, Kentish Flats, Kentish Flats

Extension and Ormonde Offshore Wind Farms.

4. With a potential generating capacity of 1,200MW, the proposed East Anglia THREE

project is a Nationally Significant Infrastructure Project (NSIP) under the Planning Act

2008 (as amended). Consent to construct, operate and decommission the proposed

East Anglia THREE project is therefore being sought from the Planning Inspectorate

(who would examine the application on behalf of the Secretary of State) under the

Planning Act 2008 (as amended, hereafter referred to as the Act).

5. This report details the consultation that has been undertaken in support of the

proposed East Anglia THREE project Development Consent Order (DCO) application.


1.2 Consultation Requirements and this Report

6. This consultation report responds to one of the key requirements set out in the Act,

i.e. that relating to the statutory obligation on applicants to complete a process of

pre-application consultation. This consultation should be undertaken with statutory

or prescribed bodies (under Section 42 of the Act), with local communities (under

Section 47) and more widely through the general notification of a proposed

application (under Section 48).

7. An applicant must have regard to any relevant response received as a result of this

statutory consultation when deciding on the application it will make to the Planning

Inspectorate (Section 49).

8. Section 37 of the Act requires all applications for a DCO to be accompanied by a

consultation report which gives details of compliance with the statutory

requirements, any relevant responses received and the account taken of those

responses.

9. Guidance provided by Department for Communities and Local Government (DCLG)

and the Planning Inspectorate has been followed in undertaking the consultation

and the production of this report.

10. Each section of this consultation report is, wherever possible, structured

chronologically in accordance with the pre-application consultation that took place

for the proposed East Anglia THREE project. Consultation activities, both during and

outside the statutory consultation periods, are set out. Where relevant, a summary

of responses provided and the account taken of these responses by EATL is provided

by environmental topic (e.g. navigation, landscape).

1.3 Background

11. The proposed East Anglia THREE project is being developed within the East Anglia

Zone. The Zone has the potential to include up to six other offshore windfarms. In

June 2014 East Anglia ONE, the first windfarm within the East Anglia Zone to be

developed, was awarded consent. East Anglia ONE and THREE share the same

onshore cable route which runs for 37km from the coast at Bawdsey to the grid

connection point at Bramford substation.

12. During the development of East Anglia ONE considerable consultation was

undertaken from 2010 onward, both to determine the cable route and to shape, and

develop the project. The consultation carried out by EATL builds on that previously

undertaken for East Anglia ONE and where relevant, this is referred to in this report.


However, for detail of that consultation please refer to the East Anglia ONE

consultation report (East Anglia Offshore Wind Limited 2012a).

1.4 Timing

13. EATL has been in continued consultation with stakeholders regarding the proposed

East Anglia THREE project since May 2012. During this time EATL has undertaken

formal consultation phases which comprised the following:

August 2013 – Consultation Under Section 47 with local authorities, The

Planning Inspectorate and the MMO on the draft Statement of Community

Consultation (SoCC)

October 2013- Phase I, Section 47 consultation on the SoCC and introducing

the project.

June 2014 - Phase IIa, Section 42, Section 47 consultation and Section 48

publicity on the Preliminary Environmental Information Report (PEIR) and

update on the project;

June 2014 - Phase IIb, Section 42 consultation with a limited number of

consultees on accesses to the onshore cable route;

May 2015 - Consultation under Section 47 with local authorities and the

MMO on an update to the SoCC; and

June 2015 - Phase III, Section 42 and Section 47 consultation and Section 48

publicity on construction phasing.

1.5 SoCC consultation

14. Section 47 of the Act was amended by the Localism Act 2011. The amendments set

out in the 2011 Act provide that once the SoCC has been finalised, the applicant

must make the statement available for inspection by the public in a way that is

reasonably convenient for people living in the vicinity of the land (section 47(6) of

the 2008 Act as amended) and also publish a notice stating where and when the

statement can be inspected (Section 47(6)(a) as amended).

15. As required under Section 47 of the Act, East Anglia THREE consulted relevant

authorities on drafts of the SoCC and the Report to Inform the SoCC (Appendix 1 and

Appendix 2), including officials at Suffolk County Council, Suffolk Coastal District

Council, Mid-Suffolk District Council, Waveney District Council, Babergh District

Council, Ipswich Borough Council and the Marine Management Organisation (MMO).


Ipswich Borough Council did not provide comment on either the draft SoCC or final

SoCC.

16. The SoCC was updated in May 2015 as a result of changes to the project. Therefore,

the draft update to the SoCC (Appendix 3) was consulted upon with the above

relevant authorities as per Section 47(2).

17. EATL had regard to the responses received from the relevant authorities on both the

draft SoCC and the draft update to the SoCC, as per Section 47(5).

1.6 Section 47 Consultation – Community and Wider Consultation

18. EATL invited members of the public (as defined in the Report to inform the SoCC and

agreed with local authorities) and organisations representing the public to

participate in three phases of community consultation under Section 47 of the Act.

EATL carried out its community consultation in accordance with the agreed SoCC,

Report to Inform the SoCC and Update to SoCC (Appendix 4, Appendix 5 and

Appendix 6), as well as the updated versions.

19. During community consultation members of the public raised a number of questions

and issues. EATL has sought to respond to all questions and take into account issues

raised. Where community feedback has led to changes to the consultation process,

the Environmental Impact Assessment (EIA), application documents such as the

Environmental Statement (ES) or to the project itself, these changes have been

identified in this report. In summary, points raised have influenced, or would

influence, the application and project in the following ways:

A number of access routes (hereafter referred to as accesses) to the onshore

cable route have been removed from project design due to stakeholder

concerns regarding their suitability.

Due to safety concerns the preferred method of protecting underwater

cables is first to bury them and if this is not possible to protect them using

concrete mattresses (rather than other means of cable protection such as

rock dump).

Due to continued support for the cables to be pulled through pre-installed

ducts, installed by East Anglia ONE, EAOW have committed to this approach.

Due to the concerns of local residents about construction noise levels EATL

have committed to only working between the hours of 7am and 7pm along

the cable route.


To minimise the impacts on local traffic, which have been raised as a concern

throughout the consultation process, EATL have committed to wherever

possible, restricting HGV movements during peak traffic times.

1.7 Section 42 consultation – Statutory and Prescribed Bodies Consultation

20. EATL carried out consultation as required by Section 42 with landowners and those

with an interest in the land where the project is located as defined by Section 44,

host authorities and neighbouring authorities as defined by Section 43, the MMO

and those persons prescribed in The Infrastructure Planning (Applications:

Prescribed Forms and Procedures) Regulations 2009 (the APFP Regulations) (as

amended). EATL also identified organisations which it deemed appropriate to treat

in the same way as Section 42 consultees, such as local and transboundary fishing

organisations and individuals. For ease, all these consultees are referred to as

“Section 42 consultees” in this report.

21. One key change to the proposed East Anglia THREE project as a result of this

consultation was the refinement of the East Anglia THREE site (i.e. the windfarm site)

boundary. The eastern boundary was moved to create a two nautical mile buffer

between the East Anglia THREE site and the deep water shipping route at the

request of Rijkswaterstaat.

1.8 Section 48 publicity

22. EATL carried out publicity requirements in accordance with Section 48 of the Act.

Advertising for each Phase (I to III) of consultation was published in the relevant

national and regional newspapers as well as in several local publications. The

publication of adverts was timed to coincide with the start dates for the each phase

as listed in section 1.4. Site notices were also displayed at many locations along the

cable route and posters were provided to Parish Councils for display on notice

boards.

1.9 Conclusion

23. EATL has undertaken consultation on the proposed East Anglia THREE project in

accordance with the requirements of the Act, secondary legislation, and in line with

Government and Planning Inspectorate guidance/ advice. EATL has exceeded the

statutory requirements across many aspects to provide meaningful consultation and

to ensure that issues identified and raised by the local community, landowners and

those with an interest in the application site, as well as local authorities and

prescribed consultees, have been considered and addressed at an early stage in the

project‘s development.


24. This has resulted in EATL being able to keep consultees informed about project

progress, and has enabled and encouraged consultees to actively engage and

influence the development of the project to ensure that impacts caused by the

project are kept to a minimum.


2 INTRODUCTION

2.1 The Proposed East Anglia THREE Project

25. In January 2010, The Crown Estate awarded EAOW the rights to explore the

potential development of approximately 7,200MW of wind capacity within an area

of sea off the coast of East Anglia known as Zone 5, subsequently renamed by EAOW

as the East Anglia Zone. The East Anglia Zone is being developed as a number of

individual windfarms. East Anglia ONE was the first project to be proposed within

the East Anglia Zone, the Development Consent Order for which was granted

consent in June 2014. East Anglia ONE Limited (EAOL) is the company responsible

for developing that windfarm.

26. The East Anglia THREE project is being proposed by EATL, a subsidiary of EAOW. It is

in the second projects to be proposed within the East Anglia Zone. The windfarm

site covers an area of approximately 305km2 and is situated 69km offshore from

Lowestoft.

27. Other projects are expected to be developed within the East Anglia Zone; however it

is not currently possible to provide further detail on these projects.

28. The location for East Anglia THREE site was decided following a thorough screening

exercise to establish areas of the East Anglia Zone with the lowest technical and

consenting risk.

29. A “Generator Build” Grid Connection Offer was received from National Grid

Electricity Transmission (NGET) for the connection of 7,200MW of offshore wind

generation to the National Electricity Transmission System in East Anglia. This

includes the connection of East Anglia ONE, East Anglia THREE and one other future

EAOW project to the NGET substation at Bramford, Suffolk. As noted above, East

Anglia ONE has already obtained consent.

30. For the proposed East Anglia THREE project, the connection at Bramford will require

transmission infrastructure including offshore platforms to support up to four

offshore collector stations, two offshore converter stations and a possible

accommodation platform (within the East Anglia THREE site), offshore subsea and

onshore underground cabling and an onshore substation. The export cables will be

laid from the windfarm, making landfall at Bawdsey in Suffolk. The cables will follow

the cable route established for East Anglia ONE onshore from Bawdsey to Bramford.

31. The consent awarded to East Anglia ONE included the provision to install

underground ducts onshore, through which two future projects would pull onshore


cables at a later date. EAOW has made the commitment to install these ducts,

therefore reducing the level of disturbance caused along the cable route during the

construction of East Anglia THREE.

32. The proposed East Anglia THREE project will therefore follow the same onshore

cable route (including a shared landfall) as East Anglia ONE and will incorporate

powers to pull through cables through the previously installed ducts. As a result the

DCO application for East Anglia THREE includes an onshore redline boundary that is

identical to East Anglia ONE’s, with the exception of the access points and the area

around the new substation at Bramford.

2.2 The Application

33. With a generating capacity of up to 1,200MW, the East Anglia THREE project

proposal is a NSIP under the Act. A DCO to construct, operate and decommission the

proposed East Anglia THREE project is therefore being sought from the Planning

Inspectorate (who would examine the application on behalf of the Secretary of

State) under the Act.

34. This Consultation Report forms part of the required application material for the DCO.

2.3 EATLs Approach to Consultation

35. EATL has taken a “joined up approach” to consultation, whereby public and wider

consultation conducted under Section 47 of the Act has been, where possible,

aligned with other consultation activities associated with Sections 42 and 48 of the

Act. By taking this approach EATL has aimed to minimise confusion and limit

consultation fatigue.

36. Examples of this include holding Public Information Days (PIDs) timed to coincide

with the publication of the SoCC (Phase I), Preliminary Environmental Information

Report (PEIR) (Phase IIa) and the Phase III Report (Consultation) (Phase III) as well as

consulting at the same time under Section 42 and Section 47 of the Act.

37. For the purposes of this report however, it has been necessary to separate the

various elements of consultation to allow EATL to demonstrate that all requirements

of the Act have been satisfied. Therefore it has been necessary within this report to

cross reference between sections, to avoid repetition.

2.4 East Anglia FOUR

38. Until summer 2013 the proposed East Anglia THREE project was progressed in

parallel, including with regard to consultation, with East Anglia FOUR, another


development project proposed within the zone at that time. In 2013, a decision was

made to develop the projects sequentially, with an initial focus on the development

of East Anglia THREE. Following a government announcement in summer 2014 on

the future levels of funding for offshore wind projects, project development within

the East Anglia zone was suspended and a comprehensive review of the whole zonal

plan was undertaken. In early 2015, a decision was taken to recommence the

development of the proposed East Anglia THREE project. The zonal plan for the

remainder of the zone is still under discussion. Consideration of future zonal

projects has therefore been removed from cumulative assessments pending greater

certainty of their location, size and likely development timescales.

2.5 This Report

39. Section 37 of the Act requires all applications for development consent to be

accompanied by a consultation report.

40. Section 37(7) further defines the consultation report as a document giving details of

pre-application consultation and specifically:

a) What has been done in compliance with Sections 42 (statutory and

prescribed bodies), 47 (local communities) and 48 (publicising the proposed

application) of the Act in relation to the proposed application;

b) Any relevant responses received; and

c) The account taken by the applicant of any relevant responses.

41. Each section of this Consultation Report is structured (as far as possible)

chronologically in accordance with the consultation that took place during the pre-

application period for the proposed East Anglia THREE project. Consultation

activities, both within and outside the statutory consultation periods, are discussed.

Where relevant, a summary of responses provided, and the account taken of these

responses by EATL, is provided by environmental topic.

42. A timeline to illustrate when the statutory consultation was undertaken is shown in

Diagram 1.1. It should be noted that Diagram 1.1 does not include any non-

statutory consultation as this has continued throughout the application phase of the

project.

43. This consultation report comprises the following chapters:

Chapter 1 is a summary of this Consultation Report;


Chapter 2 (the present chapter) introduces the Consultation Report;

Chapter 3 sets out the statutory requirements governing the consultation

process for NSIPs, including relevant legislation and guidance;

Chapter 4 describes the development of the SoCC, including EATL

consultation strategy and how the geographical consultation area was

defined;

Chapter 5 describes the informal community and wider stakeholder

consultation undertaken prior to formal Section 47 consultation;

Chapter 6 describes the statutory consultation carried out under Section 47

and its influence on the project;

Chapter 7 describes the publication and content of the Section 48 Notices;

Chapter 8 explains the EIA scoping process;

Chapter 9 explains the non-statutory consultation undertaken outside of the

formal Section 42 consultation on technical issues;

Chapter 10 describes the consultation undertaken with Statutory Nature

Conservation Bodies (SNCBs) through the Evidence Plan process;

Chapter 11 describes the formal consultation carried out under Section 42 of

the Act (Phase IIa, Phase IIb and Phase III) and its influence on the project.

During this period and up until submission of the application EATL also

undertook consultation with relevant Section 42 consultees on specific

application documents, including the draft DCO, the draft deemed Marine

Licence draft Habitats Regulations Assessment (HRA) and selected draft

Environmental Statement chapters;

Chapter 12 provides a conclusion of the consultation activities undertaken;

Chapter 13 provides a list of References used in this report;

Chapter 14 provides a glossary of technical terms and explains the meaning

of the acronyms and abbreviations and used in this report; and

Chapter 15 is a Statement of Compliance showing how relevant legislation

and guidance has been complied with in relation to consultation. Further, a

completed Section 55 Acceptance of Applications Checklist follows at the end

of that chapter.


44. Appendices 1 to 64 provide further information about consultation activities carried

out, including: copies of the consultation materials used and publicity undertaken for

the East Anglia THREE application; summaries of the responses received and any

action taken by EATL as part of the development of the SoCC and as a result of local

and wider community consultation under Section 47 of the Act and consultation

under Section 42 of the Act.

45. Table 2.1 below provides a summary of the key stages of consultation undertaken

by EATL including both statutory and non-statutory consultation. The key statutory

consultation is also presented as a timeline illustrated in Diagram 1.1


Table 2.1 Summary of Key stages of Consultation Undertaken by EATL

Date Stage of Consultation Purpose of Consultation Chapter of the

report

November 2012 Scoping request submitted to the Planning Inspectorate: East Anglia THREE

Offshore Windfarm EIA Scoping Report.

To obtain a Scoping Opinion from the Planning

Inspectorate.

Chapter 8

December 2013 Formal Scoping Opinion, including responses from the Planning Inspectorate

and statutory consultees, received by EAOW.

Chapter 8

August -

September 2013

Non-statutory consultation on the Statement of Community Consultation

(SoCC), and Report to Inform the SoCC, with local authorities and MMO.

To obtain feedback on the draft documents. Chapter 4

August -

September 2013

Section 47 consultation on the SoCC, and Report to Inform the SoCC, with local

authorities and MMO.

To obtain feedback on the draft documents. Chapter 4

September 2013 SoCC and report to inform SoCC published on website and sent to local

authorities under Section 47.

To communicate consultation strategy to local

community.

Chapter 4

Key to Table 2.1

Non-statutory Consultation

Section 47 Consultation

Section 42 Consultation

Section 48 Publicity



report

September 2013 Advertisements for SoCC published in local newspapers under Section 47. Introduce East Anglia THREE (and East Anglia

FOUR) to the public

Chapter 6

October 2013 Section 47 Phase I community consultation. Begins with Public Information

Days (PIDs) held in Bawdsey, Woodbridge and Bramford on the 1st

to the 3rd

of

October.

Introduce East Anglia THREE (and East Anglia

FOUR) to the public

Chapters 6

and 11

October 2013 SoCC deposited in local libraries for viewing by members of the public. Introduce East Anglia THREE and FOUR to the

public

Chapter 6

May / June 2014 Section 48 Phase IIa Publication of Notices advertising PEIR consultation Raise awareness of the project under Section

48 and advertise the PEIR PIDs

Chapter 6

June 2014 Section 42 Phase IIa (PEIR) Raise awareness of the project under Section

42 and start the formal Section 42 consultation

on the PEIR

Chapter 11

June 2014 Section 47 Phase IIa consultation (PEIR) Raise awareness of the project under Section

47

Chapter 11

August 2014 Section 42 Phase IIb consultation (Accesses) To consult with relevant parties on all proposed

options for access points.

Chapter 11

May 2015 Section 47 Consultation on the update to SoCC To obtain feedback on the draft documents. Chapter 4

June 2015 Update to the SoCC published under Section 47 To communicate the update on consultation

strategy to local community.

Chapter 4



report

June 2015 Section 42 Phase III consultation (Phasing) To consult on the removal of trenching

Scenario 2 and the two construction phasing

options

Chapter 11

June 2015 Section 47 Phase III consultation; includes Public Information Days on 22nd

and

23rd

June 2015

To consult with the public on key changes to

the project design.

Chapters 6

and 11

June 2015 Section 48 Phase III Publication of Notices (advertising consultation) To consult with the public on key changes to

the project design.

Chapter 7


Diagram 1.1 Timeline to illustrate statutory consultation undertaken during East Anglia THREE’s pre-application consultation

Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec

2015 2014 2013


3 STATUTORY REQUIREMENTS

3.1 The Consultation Report

46. This Consultation Report responds to one of the key requirements set out in the Act,

i.e. that relating to the statutory obligation on applicants to complete a process of

pre-application consultation. This consultation should be undertaken with statutory

or prescribed bodies (under Section 42 of the Act), with local communities (under

Section 47) and through the general notification (and associated awareness raising

and publicity) of a proposed application (under Section 48).

3.2 Relevant Legislation and guidance

47. The legislation setting out the requirements for pre-application consultation for

NSIPs such as the proposed East Anglia THREE project comprises:

The Planning Act 2008 (the Act) (as amended);

The Infrastructure Planning (Applications: Prescribed Forms and Procedures)

Regulations 2009 (the APFP Regulations) (as amended); and

The Infrastructure Planning (Environmental Impact Assessment) Regulations

2009 (the EIA Regulations).

48. The three key legal requirements relating to pre-application consultation under the

Act are discussed below.

3.2.1 Section 42 of the Act

49. Under Section 42 of the Act, the applicant is required to consult the following about

the proposed application:

The consultees listed in Schedule 1 of the APFP Regulations. Many of these

are mandatory depending on the type of project and its geographic location.

However, a number of categories of statutory consultee require a judgement

to be made as to whether, and precisely which, organisations should be

consulted in the particular circumstances of the development.

Those local authorities as described within Section 43 of the Act. Local

authorities are defined as those within which the land to which the proposed

application relates is located. It also includes those local authorities that

share a boundary of that authority. Where the development is sited in a two-

tier local authority area, lower-tier district authorities will only need to be

consulted if they share a boundary with the lower-tier district authority in


which the development is sited. In this case, the relevant local authorities

are:

o Suffolk County Council;

o Mid Suffolk and Babergh District Council; and

o Suffolk Coastal District Council.

The Marine Management Organisation (the MMO).

All those with an interest in land to which the application relates as described

in Section 44 of the Act, i.e. a person is within Section 44 if the applicant

knows that the person is an owner, lessee, tenant or occupier of the land; is

interested in the land or has power to sell and convey the land or to release

the land; or is entitled to make a relevant claim if the order sought by the

proposed application were to be made and fully implemented.

50. Each consultee must be supplied with the consultation documents and given a

deadline for making representations (at least 28 days from the day after receipt of

the consultation documents). Under Regulation 11 of the EIA Regulations, the

consultation bodies under Section 42(a) must also be sent a copy of the Section 48

notice (referred to below).

51. Section 46 of the Act provides that at the same time as the Section 42 consultation

being commenced, the Secretary of State must be sent a copy of the same

information as was sent to the Section 42 consultees.


52. Under Section 47 of the Act, consultation must be carried out with the local

community (i.e. people living in the vicinity of the land to which the application

relates). The form of this consultation must be discussed in advance with the local

authority or authorities within whose land the development is located. In this case,

the relevant local authorities are:

Mid-Suffolk District Council;

Suffolk Coastal District Council; and

Suffolk County Council.

53. Section 47 of the Act requires the applicant to consult on the content of the draft

SoCC for a minimum period of 28 days.


54. Section 47 of the Planning Act 2008 was amended by the Localism Act 2011. The

amendments set out in the 2011 Act provide that once the SoCC has been finalised,

the applicant must make the statement available for inspection by the public in a

way that is reasonably convenient for people living in the vicinity of the land (Section

47(6) of the 2008 Act as amended) and also publish a notice stating where and when

the statement can be inspected (Section 47(6)(a) as amended).

55. The applicant must then carry out its consultation in accordance with the proposals

set out in the SoCC.

56. In developing the SoCC, regard must be had to the EIA Regulations and relevant

guidance about pre-application procedure. Regulation 10 of the EIA Regulations

stipulates that the SoCC must set out whether the proposal is EIA development and,

if so, how the applicant intends to publicise and consult on preliminary

environmental information.


57. Under Section 48 of the Act and Regulation 4 of the APFP Regulations, the applicant

is required to publish a notice of the proposed application in a prescribed form, in

one or more local newspapers for two successive weeks and once in a national

newspaper and the London Gazette. In addition, where the proposal is for an

offshore windfarm, the notice must also be advertised in an appropriate fishing

trade journal and Lloyd's List. The Section 48 notice must state where members of

the public may view documentation relating to the application and include a

deadline for representations to be made (at least 28 days from the date when the

notice is last published). DCLG Guidance paragraph 41 advises that, where possible,

the first of these notices should appear at approximately the same time as the

commencement of the community consultation phase pursuant to the SoCC.


58. Under Section 49 of the Act, the applicant has a duty to have regard to any ‘relevant

responses’ received as a result of the statutory consultation and publicity conducted

pursuant to Sections 42, 47 and 48 outlined above. A relevant response is defined in

Section 49(3)(a) as a response from a person consulted under Sections 42, 47 and 48

that is received by the applicant before the deadline imposed in accordance with

that section.

3.3 Relevant Guidance

59. The principles which have guided EATL’s pre-application consultation strategy are

derived from relevant guidance and as set out in a number of published documents


some of which were published in the latter part of EATL’s consultation process,

including:

DCLG document Planning Act 2008: Guidance on Pre-application Consultation

(January 2013) (DCLG Guidance);

The Planning Inspectorate Advice Note 16 on the developer‘s pre-application

consultation, publicity and notification duties (April 2012), this Advice Note

has now been retired;

The Planning Inspectorate Advice Note 14 on compiling the consultation

report (April 2012); and

The Planning Inspectorate Advice Note 6 on the preparation and submission

of application documents (April 2012).


4 CONSULTATION ON THE SOCC AND DEVELOPMENT OF COMMUNITY CONSULTATION STRATEGY

4.1 Summary

60. EATL produced a SoCC and a document containing further detail of its strategy for

consulting with the community (the Report to Inform the SoCC) in May 2013. The

SoCC covered Phase I and Phase IIa of the consultation on the proposed East Anglia

THREE project. Phases IIb which was carried out with certain landowners and Phase

III which was carried out due to changes in the project design were in addition to

that outlined in the original SoCC, and so were covered in the Update to SoCC which

was produced in June 2015.

61. At meetings with Local Authorities and the MMO the SoCC parameters and EATL‘s

overall approach to community consultation was discussed and developed in

accordance with these consultees wishes.

62. As required under the Act, the SoCC was formally consulted on for a period of 28

days with relevant Local Authorities and the MMO.

63. Accordingly, drafts of the SoCC and the Report to Inform the SoCC were formally

consulted on between 9th August 2013 and 11th September 2013. A final version of

the advert for the SoCC was published in local newspapers and Fishing News

between 13th and 17th September 2013. Public Information Days (PIDs) were held

between 1st and 3rd October 2013 to enable the public to better understand the

contents of and purpose of the SoCC and EATL‘s approach to consultation.

64. Due to an administrative error, copies of the SoCC and Report to inform the SoCC

were not provided to libraries located along the cable route until 18th October 2013;

however they were displayed until 1st December 2013 to account for this delay. The

SoCC was available to view online from September 2013. EATL were not made

aware, by any of the libraries, of any requests to view the SoCC prior to its display.

Furthermore, no emails were sent to the project website requesting to see it, nor

were there any mentions of this delay during the PIDs.

65. In June 2015 a third phase of consultation (Phase III) was conducted under Section

42 of the Act. This consultation had not been envisaged at the start of the project

and therefore it was deemed necessary to update the SoCC prior to this consultation

in order to reflect the additional consultation required based on a number of

changes to the project description as set out in the PEIR. The update consisted of a

short document outlining how EATL had met the requirements of the original SoCC

and what the Phase III consultation would entail.


66. As a result of consultation, the draft SoCC and Report to Inform the SoCC were

amended to take into account comments received from the local authorities, the

Planning Inspectorate and the MMO. The update to the SoCC was formally

consulted on between 4th May 2015 and the 1st June 2015 (however responses were

received within a few days). The advert for the update to the SoCC was published

along with the adverts for the PIDs between the 11th and 18th of June and the PIDs

were held on the 22nd and 23rd June 2015.

4.2 Statutory Requirements and Guidance

67. In accordance with Section 47 of the Act and as amended by the Localism Act 2011,

EATL is required to consult with people living in the vicinity of the proposed

development. To encourage early and effective engagement with local

communities, Section 47 provides that the applicant must prepare a SoCC in

discussion with the relevant local authorities outlining the strategy for engagement.

68. The final SoCC must be made available for inspection by people living in the vicinity

of the land and that a notice stating where and when the SoCC can be inspected is

published.

69. The purpose of the SoCC is to set out the community consultation strategy and

programme to be followed ahead of an application being submitted to the Secretary

of State. In accordance with Regulation 10 of the EIA Regulations, the SoCC must

also state whether the proposal is an EIA development and how the applicant

proposes to publicise and consult on the preliminary environmental information.

70. Advice Note 16 (page 4), recommends that the SoCC:

Provides a succinct summary of the Planning Inspectorate role as an

examining authority, and draws attention to the status of the National Policy

Statements;

Highlights the importance of the pre-application consultation in relation to

the examination process after an application is accepted by the Planning

Inspectorate;

Provides sufficient detail of the project, including the scale of the proposal,

and refers to both positive benefits to the local community and issues which

could be considered negative elements of the project; and

Indicates what information will be provided during the consultation process

on the scope for any associated land restoration, landscaping, other

mitigation or compensation measures.


71. The DCLG Guidance (paragraph 18) explains that in addition to the statutory

consultees, applicants may also wish to seek the views of other people who may be

significantly affected by the project.

72. The DCLG Guidance (paragraph 25) goes on to note that the impacts of a project

could be significantly wider than just the local authority area where it takes place

and that the applicant might decide to consult people living in a wider area who

could be affected by the project and that this intention should be reflected in the

SoCC.

73. The Report to Inform the SoCC defined how EATL identified who should be

consulted. Further detail is provided in Section 4.3 below.

4.3 Defining who Should be Consulted

74. In accordance with the DCLG Guidance, EATL has taken a logical approach in

determining which geographical areas receive the focus of community consultation,

as set out below. Given the synergies between the projects, the consultation for

East Anglia THREE builds upon consultation undertaken previously for East Anglia

ONE as discussed below but with the aim of reducing stakeholder confusion and

consultation fatigue.

75. In accordance with Advice Note 16, which advises that local authorities ‘knowledge is

key and may influence decisions on the geographical extent of consultation,

meetings were held to discuss the proposed East Anglia THREE project and redline

boundary (details of meetings are displayed in Appendix 7).

76. Local offshore and onshore communities with the potential to be significantly

affected by the proposed East Anglia THREE project were identified in conjunction

with the local authorities and MMO and the East Anglia ONE project team as follows:

Users of the offshore and inshore waters which broadly fall within the

following groupings: shipping and navigation; fishermen; other industry

users, e.g. aggregates, offshore facility operators and cable/ pipelines

operators; leisure users; those with a non-statutory nature, conservation or

cultural interest.

Users of the onshore area which broadly fall within the following groupings:

residents, landowners, tenants, lessees and individuals who own or have

right to use the land within or adjacent to the redline boundary; leisure users

of the land; users with a non-statutory nature, conservation or cultural

interest; district and county councillors with wards/divisions wholly or partly


within any of the redline boundary; members of the British and European

Parliaments with local constituencies wholly or partly within any of the

redline boundary.

Other groups likely to be indirectly affected by the proposed East Anglia

THREE project including: port and harbour operators; local suppliers and

manufacturers; local skills and training providers; local road users.

77. EAOW has been consulting on developments within the East Anglia Zone since 2010

and the consultation for the proposed East Anglia THREE project built on the

consultation to date. Consultation with relevant local authorities during discussion

for East Anglia ONE helped to identify the local community and determined the

consultation methods that were deemed to be the most appropriate to ensure an

inclusive process. This included the identification of ‘hard to reach’ groups and ways

of enabling them to access relevant information. EATL sought to identify any gaps

within these groups to ensure that the list of stakeholders was up to date.

78. A full list of proposed consultees in terms of organisations and groups identified

during the development of the SoCC was provided in Appendix C of the Report to

Inform the SoCC. A copy of the final SoCC is provided in Appendix 4 of this report

and a copy of the final Report to Inform the SoCC is provided in Appendix 5. A copy

of the update to the SoCC is provided in Appendix 6.

4.4 Development of the SoCC

79. The Act requires EATL to formally consult with local authorities before preparing its

SoCC to gain advice on its content. Consultation with Local Authorities enabled a

better understanding of socio-economic, cultural, historical and other characteristics

that may influence decisions on the most effective methods of consultation in the

local area.

4.4.1 Consultation on Early draft of SoCC

80. In order to ensure continuity between East Anglia ONE and East Anglia THREE the

project manager for East Anglia THREE attended the East Anglia ONE Local Authority

Steering Group meetings with Suffolk County Council, Suffolk Coastal District

Council, Mid Suffolk District Council and Babergh District Council planners. During

the meeting on 14th May 2013 with Suffolk County Council the local planning officers

were informed of the intention of EATL to provide a draft SoCC in May 2013 and a

final SoCC in August / September 2013.

81. On 30th May 2013 an Early-draft SoCC and Report to Inform the SoCC was sent by

email to Suffolk County Council, Suffolk Coastal District Council, Babergh District


Council, Mid Suffolk District Council, Ipswich Borough Council, the Planning

Inspectorate and the MMO for their informal comments (Appendix 1).

82. Suffolk County Council responded on behalf of itself and the District councils to this

informal consultation and the MMO and The Planning Inspectorate also responded.

Their detailed response are presented in Appendix 1 and a summary of some of the

key points are included below:

Suffolk County Council:

o All ‘jargon’ should be removed from both the SoCC and the Report to inform

the SoCC;

o The introductory text should explain the significance of the onshore works

and some description of the route and converter station.

o The SoCC need only be agreed with the host authorities i.e. SCC/MSDC/SCDC;

therefore the intention to consult more widely than the host authorities

should be reflected in the SoCC- not that those neighbouring authorities

should be involved in agreeing the SoCC;

o More clarity is needed about what the nature of impacts might be in other

local authorities’ areas and the necessity for consulting people there; and

o It could be made clearer as to the points at which people have the

opportunity to make representations on the application.

The MMO:

o Requested a diagram outlining the main components of the transmission

system (turbine array, export cables, collector stations, onshore substation

etc) and figures showing the location of the Zone and East Anglia THREE sites.

o Recommended that details of the project should be held at local libraries; and

o Requested that information be included regarding the Fisheries Liaison

officer.

The Planning Inspectorate

o Recommended the phrases formal and informal be used or statutory and non-

statutory be used when describing the different elements of consultation.


o Noted that there could be further detail provided on how the consultation will

be phased; and

o Suggested figures should be included which identify major towns.

83. In addition, informal feedback received at Local Authority Steering Group meetings

was that there may be potential for confusion between the East Anglia THREE and

East Anglia FOUR projects.

84. All feedback was taken into account and the formal draft SoCC, draft Report to

Inform the SoCC (Appendix 2) and the draft notification of the SoCC (in the form of a

newspaper advert) was produced (Appendix 8).

4.4.2 Statutory Consultation on the SoCC

85. On 9th August 2013, a second draft SoCC and draft Report to Inform the SoCC were

sent by email to all the relevant local authorities and the MMO (the email and the

accompanying drafts are displayed in Appendix 2) to provide them with a formal

opportunity, as required under Section 47(2) of the Planning Act 2008 (as amended)

to review the proposed EATL approach to community consultation and to provide

feedback on proposals. A period of 28 days from the 9th August to the 11th

September 2013 was provided for responses. A copy of the consultation documents

was also sent to the Planning Inspectorate for comment. The formal responses

received are provided in Appendix 2. A summary of responses and subsequent

amendments made is provided below:

SoCC

o On the request of the Suffolk County Council the terms “Formal/ Informal”

were changed to “Statutory / Non-Statutory”

o The Local Planning Authorities (combined) requested that a Non-technical

summary of the scoping report be made accessible to members of the public

to accompany the SoCC. Consequently two documents were produced which

summarised the project’s environmental considerations, onshore and

offshore. These were available in libraries alongside the SoCC and at the PIDs,

and are presented in Appendix 9 and Appendix 10.

o The Local Planning Authorities also requested a fixed time period to be set for

the receipt of comments at this stage of the project. A deadline of 31st

October 2013 was set and referenced in the SoCC and the Report to inform

the SoCC


o The Local Planning Authorities requested that more information was included

on the application for the installation of ducts to accommodate cables for East

Anglia THREE (and any future projects) as associated development in the East

Anglia ONE DCO. Consequently further detail was added to the SoCC and

Report to Inform the SoCC

o Suffolk County Council noticed mistakes in the parameters presented, in

particular the size of the windfarm and the distances from shore. EATL

corrected these errors for the final SoCC

o Suffolk County Council confirmed that it would not be possible to host copies

of the SoCC at their offices in Ipswich.

Report to inform the SoCC

o A definition was requested for “Generator Self Build” and “Grid Connection

Agreement” both of which were included.

o Clarification of timings of discussions with Local Planning Authorities was

included.

o The Local Planning Authorities suggested methods of identifying hard to reach

groups. EATL utilised the following methods to contact hard to reach groups:

o The publication date of the SoCC was advertised in local papers and

Fishing News

o The SoCC was offered in large print, Braille and audio forms on

request;

o Published in several community publications, such as In Touch

magazine and The Link newsletter.

o Copies of the SoCC were made available in libraries and at Public

Information Days, as identified

o Those registered on the EAOW website were informed by email

o Advertisement of Public Information Days through newspaper

advertisements, mailshots, posters and leaflets in local shops, on the

project website and on the BBC website (as presented in Appendix 25)


o Hard to reach groups were also targeted through a number of

activities undertaken by EAOW on behalf on both the East Anglia ONE

project and proposed East Anglia THREE project, including:

Meetings held to specifically target fishermen on the cable

route;

Meetings with Parish Councils and local community

organisations;

Appearances on BBC Radio Suffolk prior to the East Anglia

THREE Public Information Days, on 16th June 2014 and 22nd

June 2015; and

Sponsorship alongside Archant Newspapers by East Anglia

Offshore Wind of the ‘Maths Challenge’ in Suffolk. (Note this

took place in 2012, however contributed to the wider

awareness of EAOW.)

86. Ipswich Borough Council did not provide comment on the early draft SoCC and

Report to Inform the SoCC or the formal drafts of either of these documents.

87. Comments received from LPAs, MMO and PINS were taken into consideration in the

production of the final SoCC and this is presented in Appendix 4. The Report to

Inform the SoCC and the notification of the SoCC were also amended accordingly and

the final versions are presented in Appendix 5 and Appendix 8 respectively. The

SoCC and Report to inform the SoCC were then made available on the East Anglia

THREE website (Appendix 11) and other locations as detailed above.

4.5 The Final SoCC and the Report to Inform the SoCC

88. The final SoCC met the requirements set out in the relevant guidance outlined in

section 4.2 above and was used by the EATL project team as the minimum standard

by which consultation should be undertaken. The SoCC briefly explained what the

proposed East Anglia THREE project would entail, the procedure under which the

project would be consented, how EATL would obtain the community‘s views during

consultation, and how and when interested persons could best make their views

known. The SoCC also gave notification of the intention to hold public information

days and gave an indication of when these would take place.

89. As required by Regulation 10 of the EIA Regulations, the SoCC also stated that the

East Anglia THREE project would require an EIA and that a Preliminary Environmental


Information Report (PEIR) would be available during the Section 47 community

consultation period and the Section 42 formal consultation period.

90. The Report to Inform the SoCC was designed to be read alongside the SoCC and

explains in greater detail EATL‘s commitment to engagement with the local

community throughout the pre-application consultation process. Information

included within the report is detailed in section 4.8 of this Consultation Report.

91. The SoCC also explained that the Report to Inform the SoCC was available to

download on the Project website (Appendix 11) and hard copies were available upon

request. The Report was also available to view at the Phase I PIDs (see section 6.3 for

details).

4.6 Publication of the SoCC

92. The SoCC was published on 16th September 2013. Prior to 16th September a holding

notice was displayed on the project website informing of the forthcoming

publication of the SoCC. To provide further notification of the SoCC and Report to

Inform the SoCC public adverts (which are provided in Appendix 12) were published

in local newspapers including:

Fishing News - Friday 13th September 2013,

East Anglian Daily Times - Tuesday 17th September 2013,

Eastern Daily Press - Tuesday 17th September 2013, and

Ipswich Star - Tuesday 17th September 2013.

93. The adverts also included information of where and when the PIDs (described in

section 6.3) would be held.

94. At the time of publication the SoCC was displayed on the project website (Appendix

11) and an email was sent to the following organisations advertising the publication

of the SoCC and the Report to inform the SoCC, as well as advertising the Phase I

PIDs (see section 6.3 for further detail):

Suffolk County Council;

Ipswich Borough Council;

The Marine Management Organisation;

Babergh District Council;


Suffolk Coastal County Council;

Culpho Parish Council;

Bramford Parish Council;

Little Bealings Parish Council;

Claydon Parish Council;

Newbourne Parish Council;

Playford Parish council;

Martlesham Parish Council;

Ramsholt Parish Council;

Great Blakenham Parish Council;

Witnesham Parish Council;

Kirton Parish Council;

Alderton Parish Council;

Bawdsey Parish Council;

Woodbridge Parish Council;

Waldringfield Parish Council;

Akenham Parish Council;

Great Bealings Parish Council;

Westerfield Parish Council; and

Members of the public who had registered on the project website.

95. Due to an administrative error hard copies of the SoCC were not distributed to public

libraries until after the introductory PIDs (held between October 1st and 3rd) as had

been planned. They were sent on 18th October 2013 to the following public libraries

where they were displayed and accessible until 1st December 2013:

Hadleigh;


Woodbridge;

Felixstowe; and

Ipswich County

96. EATL were not made aware, by any of the libraries, of any requests to view the SoCC

prior to its display. Furthermore, no emails were sent to the project website

requesting to see it, nor were there any mentions of this delay during the PIDs. The

SoCC was available to view online from September 2013, as per the public adverts

(Appendix 12).

97. An email providing information about the SoCC and where and when the PIDs would

be held was sent to all those persons that had registered for updates on the East

Anglia THREE Offshore wind website (76 at that time). A copy of that email is

provided in Appendix 13

4.7 Update to the Statement of Community Consultation

98. In June 2015 a third phase of consultation (Phase III) was carried out (see section

11.7). This consultation had not been envisaged at the start of the project and

therefore it was deemed necessary to update the SoCC prior to this consultation in

order to reflect the additional consultation required based on a number of changes

to the project description originally presented in the Preliminary Environmental

Information Report (PEIR). The update consisted of a short document outlining how

EATL had met the requirements of the original SoCC and what the Phase III

consultation would entail. A copy of the final update to the SoCC is provided in

Appendix 6.

4.7.1 Consultation on Early draft update to Statement of Community Consultation

99. An early informal draft of the update to the SoCC was provided to The Planning

Inspectorate, Suffolk County Council, Mid Suffolk District Council and Suffolk Coastal

District Council on 28th of April 2015. This is provided in Appendix 14. The comments

received included:

100. Suffolk County Council (responded on behalf of themselves, Mid Suffolk District

Council and Suffolk Coastal District Council):

A recommendation that the phases of consultation be clearly named and

separated as follows:

o Phase I – Autumn 2013 – Section 47 only


o Phase IIa – Early summer 2014 – Section 42 and Section 47 (PEIR)

o Phase IIb – Late summer 2014 – Section 42 and Section 47 (Accesses)

o Phase III – Summer 2015 – Section 42 and Section 47 (Phasing Update)

Make clear under what section of the Act this consultation is being

conducted.

Be clear under what sections of the Act consultation has already been

conducted.

101. These comments were addressed and an updated version was sent back to Suffolk

County Council on 30th April 2015 for its approval. One further amendment was

made to the document following Suffolk County Councils response.

4.7.2 Consultation on Formal Draft under Section 47 of the Act

102. The formal draft of the Update to SoCC was sent to The Planning inspectorate,

Suffolk County Council, Suffolk District Council, Suffolk Coastal District Council and

the MMO on the 4th May 2015 for their consultation under Section 47 of the Act.

The 28 day consultation period stated on the 4th May 2015 and ran until 1st June

2015 (the email along with the draft update to SoCC is provided in Appendix 3).

103. No additional (from that on the early draft) comments were received on the formal

draft Update to the SoCC from The Planning Inspectorate. The MMO responded on

20th May 2015 confirming that the draft update to the SoCC was fit for purpose and

that the MMO had no comment.

104. Suffolk County Council sent a response on the 7th May 2015 which suggested some

amendments to the Update SoCC which included:

It should be made clearer that it is the full application that is to be submitted

in November 2015, rather than just the Environmental Statement;

It should be made clearer exactly who the relevant authorities are; and

Other minor amendments were also suggested.

4.7.3 Publication of the Update to the SoCC

105. The Update to the SoCC was provided to Parish Councils along the cable route (as

listed in section 4.6), as well as being available for public viewing at the PIDs

associated with Phase III of consultation (see section 6.5 for detail on Phase III PIDs)

and on the East Anglia THREE website.


106. Prior to the opening of Phase III consultation on 19th July 2015, a notice was

displayed in local newspapers informing of the forthcoming publication of the

update to the SoCC and informing of PIDs (for further information on these see

section 6.5). This encompassed a public notice under Section 47(6) of the Act and

was published in the following newspapers:

East Anglian Daily Times - Thursday 11th June 2015 and Thursday 18th June

2015,

Eastern Daily Press - Thursday 11th June 2015 and Thursday 18th June 2015,

and

Ipswich Star - Thursday 11th June 2015 and Thursday 18th June 2015.

107. Hard copies of the SoCC were sent to the following public libraries where they were

displayed and accessible from 19th June 2015 to 23rd July 2015.

Hadleigh;

Woodbridge;

Lowestoft

Felixstowe; and

Ipswich County

108. The Section 47 notice that was produced by EATL and evidence of the notice as was

published in newspapers is provided in Appendix 15.

4.8 Summary of the Community Consultation Strategy

109. The fundamental objective of the community consultation strategy has been to

ensure open and effective engagement with any community member who has an

interest in the proposed East Anglia THREE project. Recognising the importance of

community consultation, EATL put forward four main objectives, as follows:

Keeping local communities informed about the project throughout the pre-

application phase using a variety of consultation methods;

Helping local communities gain a better understanding of what the proposed

development is likely to mean to them;

Enabling local communities to feedback on, and thus inform, the proposals;

and


Explaining how comments raised have been considered during the

development of the proposals.

110. Bringing together the Planning Inspectorate's requirements and EATL‘s objectives for

community engagement, the key principles guiding the consultation conducted by

the EATL team were to ensure consultation was understandable and meaningful,

early and on-going, as well as accessible and proactive. These principles were set

out in EATL’s final Report to Inform the SoCC for the proposed East Anglia THREE

project (Appendix 5) and enabled EATL, in consultation with local authorities and the

MMO, to develop its consultation strategy with these in mind.

4.9 Compliance with the SoCC

111. As described in Chapter 5 and 6, statutory community consultation under Section 47

took place in accordance with the SoCC and update to SoCC.

4.10 Statement of Compliance

112. EATL complied with the Act and EIA Regulations as follows:

a. A draft SoCC was prepared which set out how the Applicant proposed to

consult the community and consulted upon with the relevant authorities in

whose area the proposed East Anglia THREE project lies (Section 47(2)).

b. Statutory consultation with the relevant local authorities on the SoCC ran

from 9th August until 11th of September 2013 for initial SoCC (Phase I) and

from 4th May until 1st June 2015 for the update to SoCC (Phase III), thus

allowing a period of 28 days for responses in both occasions (Section 47(3)).

c. The consultation documents comprised a draft SoCC and Report to Inform

the SoCC for Phase I and a update to the draft SoCC for Phase III (Section

47(4)).

d. EATL considered all relevant comments received on the draft SoCC and draft

Update to the SoCC (Section 47(5)).

e. Notice of the SoCC was published in local and national newspapers between

the 13th and 15th of September 2013 for Phase I and between the 11th and

18th June 2015 for Phase III. The SoCC and Update to the SoCC were also

made available on the Applicant's website (Section 47(6)).

f. The consultation process was carried out in accordance with the SoCC and

the Update to the SoCC, as explained in Chapter 6 of this report (Section

47(7)).


g. The SoCC and the Update to the SoCC stated that the application comprised

EIA development and how EATL intended to publicise and consult on the

preliminary environmental information (Regulation 10 of the EIA

Regulations).

h. EATL also had regard to the DCLG Guidance on the pre-application process

(Section 50).

113. Please see the final Statement of Compliance at Chapter 15 for more details.


5 INFORMAL COMMUNITY INVOLVEMENT

5.1 Introduction

114. EAOW has consulted extensively with communities throughout Suffolk and Norfolk

both informally and formally since 2010 through East Anglia ONE and throughout the

East Anglia Zone development. Given the similar onshore parameters of the East

Anglia THREE project and East Anglia ONE project, EATL built upon the existing

consultation efforts of East Anglia ONE rather than undertake an entirely new

engagement strategy, thereby avoiding potential stakeholder confusion.

115. The Consultation Report for East Anglia ONE is available on the Planning

Inspectorate website (EAOW 2012a). This report and its appendices detail all the pre

application consultation that was conducted for that project. The onshore cable

route for the East Anglia ONE project and the proposed East Anglia THREE project

are largely the same, with the exception of several access points. The consultation

for East Anglia THREE builds on the consultation undertaken for East Anglia ONE.

This section summaries the continued informal consultation that has been

conducted specifically for the proposed East Anglia THREE project.

5.2 Phase I Public Information Days

116. EATL initiated early consultation by holding its first Public Information Days (PIDs) on

1st, 2nd and 3rd October 2013, referred to as the Phase I PIDs. These PIDs were

designed to bring to the public’s attention the SoCC and introduce the proposed East

Anglia THREE project and inform on the approach to the EIA.

117. Bawdsey, Woodbridge and Bramford were chosen as the locations for the PIDs to

take into account the communities that would be most affected and to try and

minimise travel time for attendees. Table 5.1 outlines details of the events.

118. A PID was held at Bawdsey to consult with residents that would potentially be

affected by works associated bringing the export cables onto land (cable landfall).

Bramford was selected as a location to consult with communities that would be

affected by the onshore substations. Woodbridge was chosen as an accessible area

and a mid-way point along the cable route between Bawdsey and Bramford.

119. Nine or more of the wider East Anglia project team attended each of the PIDs which

are outlined below.


Table 5.1 Details of the introductory Public Information Days .

Town Venue Date Time

Bawdsey Bawdsey Village Hall, IP12

3AH

Tuesday, 1st

October 2pm – 7pm

Woodbridge Shire Hall, IP12 4LP ‎ Wednesday, 2nd

October

2pm – 7pm

Bramford Bramford Church Rooms,

IP8 4AT

Thursday, 3rd

October 2pm – 7pm

120. The principal aims of the Phase I PIDs were to advertise and inform the local

communities of the SoCC and to introduce the proposed East Anglia THREE project

to the general public. As part of the Section 47 consultation for East Anglia ONE the

general public had been made aware of future projects and the PIDs built on this

knowledge.

5.2.1 Consultation Materials

121. The principal consultation materials used for the introductory PIDs were the public

exhibition boards. Eleven boards were displayed at all three events which informed

members of the public about the proposed East Anglia THREE project. The boards

which are displayed in Appendix 16 covered the infrastructure of the projects,

onshore and offshore areas affected by the projects, the consultation strategy and

the electrical transmission works required. The exhibition boards were also made

available to download from the project website.

122. Also available in hard copies at the PIDs were:

East Anglia THREE Scoping report (document 6.5 of this application);

East Anglia THREE SoCC (Appendix 4);

Report to inform the SoCC (Appendix 5); and

Summaries of Environmental Considerations both onshore and offshore

(Appendix 9 and Appendix 10).

123. All of the above were also available on CD, copies of which were handed out during

the events.

124. Separate summaries of “Environmental Considerations for the Offshore

Environment” and Onshore Environment were provided. They presented, in non-

technical language, the main environmental considerations to be included within the


EIA process. The information within these documents was taken from the Scoping

report (document 6.5).

125. The PIDs were attended by a total of 57 people (across the three events) ranging

from local community members to members of the local Parish and District and

County Council. The main topics of discussion were:

How the proposed East Anglia THREE project would fit within the Zone and

East Anglia ONE;

Possible disruption caused by the scheme;

Investment by EAOW in the area; and

Traffic impacts of construction.

126. Most concerns raised were answered at the event and where necessary, EATL gave

further response by email to consultees.

5.2.2 Feedback forms / Questionnaires

127. Feedback forms given out at PIDs were an effective method of obtaining the local

community‘s views on a range of issues related to EATL’s proposal. Feedback forms

were also available through the project website. A copy of the feedback form can be

seen at Appendix 17.

128. A total of 11 feedback forms were completed and returned during the October 2013

PIDs. EATL ensured all responses were considered and provided individual responses

where possible. A summary of the responses and analysis of the answers from the

Phase I feedback forms received is provided in Appendix 18.

5.3 Other Informal Engagement

129. EAOW commissioned Eastern Edge Ltd in 2011 to assist with its Stakeholder

Engagement Strategy for East Anglia ONE. Building on the work of East Anglia ONE,

EATL has continued to work with Eastern Edge Ltd to ensure consistency of

engagement is maintained across all stakeholders throughout the project

development phase.

130. In addition to Section 42, Section 44 and Section 47 consultees, the following

stakeholders were identified: Members of Parliament; leaders and relevant portfolio

holders of the County and District/Borough Council; the New Anglia Local Enterprise

Partnership (LEP) and the South East LEP; the East of England Energy Group (EEEGR);


the three Chambers of Commerce (county level); and, the Norfolk and Suffolk Energy

Alliance (NSEA).

131. Despite identifying stakeholders more widely across Essex and Norfolk; the main

focus for consultation for the proposed East Anglia THREE project is Suffolk. The

strategic engagement has and will continue to include the Local Planning Authorities

as well as other key stakeholders, through multiple meetings (see chapter 9). A list

of some of the meetings held is provided in Appendix 19.

132. There was significant investment in effective engagement at this level by the East

Anglia ONE Development Team, through regular and ongoing meetings with the

statutory bodies. East Anglia THREE Limited were able to continue this and build

upon the embedded knowledge of the East Anglia ONE project.

133. Between 2013 and 2015 there was a programme of engagement with the East

Anglian supply chain. EAOW has engaged bi-laterally with dozens of regional

suppliers at their business locations in order to understand their capabilities and

interest in EAOW’s programme. These have been at a strategic level with Directors

as well as an operational level with the EAOW Heads of Work Packages (e.g.

Foundations, Cables and O&M) and other procurement specialists. Some of these

meetings are subject to Non-Disclosure Agreements and therefore cannot be

disclosed here however a list those which can be disclosed is displayed in Appendix

19.

5.4 Informal public updates

134. Periodically throughout the development of the East Anglia Zone thus far, EAOW

have produced and circulated newsletters providing updates on the different

projects. An example of such newsletter is provided in Appendix 28. Further news

letters will be distributed post submission of the East Anglia THREE application.

Throughout the development of the project EATL have also kept all members of the

public who have registered on project website up to date with periodic emails

examples of these can be found in Appendix 13.

135. In addition to the other forms of consultation undertaken, EATL have engaged with a

number of land agents appointed by landowners identified as having an interest in

the East Anglia ONE and East Anglia THREE cable route to coordinate the negotiated

agreement of access for the purposes of pre-construction, construction and

operation activities. This network has been used to keep landowners up to date with

the progress of the East Anglia THREE project. One of the landowners on the project


has elected to represent himself throughout the process and EATL have discussed

matters with him directly.

136. Eleven residents of the village of Burstall had requested further (in addition to other

consultation described in this report such as PIDs, updates from the website and

email correspondence with the project team) detail on any updates to both the East

Anglia ONE and the proposed East Anglia THREE projects as they could be directly

affected by the onshore converter stations therefore on 14th April 2015 these

residents were also sent an email which is presented in Appendix 20.


6 SECTION 47 CONSULTATION

6.1 Summary

137. EATL has taken a “joined up approach” (See section 2.3) to consultation. By taking

this approach EATL has aimed to minimise confusion and limit consultation fatigue.

Therefore, although this section primarily addresses consultation undertaken to

satisfy the requirements of Section 47 of the Act, there is overlap with consultation

conducted under other sections of the Act and therefore cross referencing has been

provided to other sections of this report.

138. Community engagement under Section 47 has been conducted in three phases

which, for phases IIa and III mirror those used for Section 42 consultation (see

Section 11) and are as follows:

Phase I Consultation on the SoCC and introducing the project (see section

5.2);

Phase IIa Consultation on the PEIR; and

Phase III - Consultation on construction phasing.

139. Each Phase of consultation was extensively advertised and included a set of PIDs

held at appropriate locations along the onshore cable route.

140. EAOW had already established relationships with members of the public through the

consultation for East Anglia ONE. EATL built on these relationships and developed

new ones, especially with those who registered an interest via the East Anglia THREE

website.

141. Phase I consultation was designed to both consult on the SoCC (see Chapter 4) and

provide information on the proposed East Anglia THREE Project at a very early stage

of development, thereby maximising the opportunities for members of the public to

influence the project design. EATL provided this information through public notices

and through the first set of PIDs held along the cable route (see section 5.2 for

further detail on the Phase I PIDs).

142. Phase IIa consultation sought to consult under both Sections 47 and 42 (see Chapter

11) of the Act in tandem and used the PEIR to do this. Thus the PEIR was available at

PIDs along with display boards that summarised the findings of the PEIR. During

Phase IIa consultation, the decision to include an additional stage of consultation

(Phase IIb) in order to provide more information about the proposed access routes

to the cable route was taken. However, as this consultation was limited to those


affected by the onshore cable route, this consultation was primarily conducted

under Section 42 of the Act (see Chapter 11).

143. Due to a delay in application submission date and a number of changes in project

design, a decision was made to include a third phase of consultation which had not

been envisaged in the original SoCC. Therefore, an update to SoCC was produced to

account for this. Detail is provided in section 4.7 of this report. This Phase III

consultation was conducted under both Section 42 and Section 47 of the Act, using a

formal report and PIDs to conduct the consultation in tandem.

6.2 Consultation Activities

144. The six principal means of consulting with the community, as documented in the

SoCC, Report to Inform the SoCC and the Update to SoCC are set out below:

Public Information Days (PIDs);

Project Updates;

Consultation with elected representatives;

Consultation with key non-statutory stakeholders and special interest groups;

Consultation through local media; and

Responding to comments.

145. Details of how each of the above has been carried out in accordance with the SoCC

are provided in this Chapter and Chapter 11 and summarised in Table 6.3.

6.3 Phase I PIDS

146. Detail of the Phase I PIDs is provided above in Section 5.2

6.4 Phase IIa PIDs – Consultation on the PEIR

147. Following the production of the PEIR in June 2014 EATL held a second round of PIDs.

Although this consultation was primarily conducted under Section 42 of the Act (See

Section 11) in order to obtain more detailed comments on the PEIR from statutory

consultees, the holding of the PIDs was carried out under Section 47 of the Act to

ensure that the local community was kept up to date and had a chance to respond

on the more detailed documentation.


6.4.1 Advertising the Phase IIa PIDs

148. The Phase IIa PIDs were advertised to local communities. Details of how and where

the events were advertised are contained within Appendix 22.

149. MPs for Waveney, Great Yarmouth, Suffolk Coastal, South Suffolk, central Suffolk

and north Ipswich, Ipswich and West Suffolk were also sent an email on 28th May

2014 inviting them to attend a councillor specific meeting on 16th June 2014 at

Woodbridge library. The format of that meeting was similar to the PIDs which

followed it, with display boards, feedback forms (Appendix 23) and digital and hard

copies of the PEIR available for consultation.

150. Emails were sent by EATL to all relevant Parish Councils on 23rd May 2014 informing

them of the Phase IIa consultation and details of the PIDs. A copy of this email and

its recipients are included in Appendix 22.

151. A similar email was also sent on 27th May 2014 to all stakeholders who had

registered via the project website to receive updates on the project.

152. A letter, the mailing list of which was taken from the electoral roll, was sent to all the

residents of Burstall. The letter provided details of the Phase IIa PIDs and how to

view and consult on the PEIR. A copy of this letter is provided in Appendix 22,

section 22.5.22.

153. As with the Phase I PIDs, publicity notices (in this case, using the Section 48 Notice

which included an advert for the PIDs) were placed in several local and national

newspapers. Dates of these publications can be found in Table 6.1 and evidence of

this is provided in Appendix 24.

154. The press office page on the Scottish Power Renewables web page

(http://www.scottishpowerrenewables.com/pages/press_office.asp) published the

dates of the PEIR PIDs (see Appendix 22). Links to this advert were included on other

websites including the BBC news website (See Appendix 25).


Table 6.1 Details of the introductory Public Information Days.


Woodbridge Woodbridge Library, New Street

IP12 1DT ‎

Monday 16th

June, 2014 2pm – 7pm

Ipswich Endeavour House, 8 Russell Road,

IP1 2BX

Tuesday 17th

June, 2014 9:30-12:30

Bawdsey Bawdsey Village Hall, IP12 3AH Tuesday 17th

June, 2014 2pm – 7pm

Burstall Burstall Village Hall, IP8 3RD Wednesday 18th

June,

2014

2pm – 7pm

6.4.2 The PEIR PIDs

155. The Phase IIa PIDs attracted a total of over 80 people attending across the three

days.

6.4.2.1 Woodbridge PID 16th June 2014

156. 20 people attended the Woodbridge PID. Conversations were held about the

following issues:

Members of Martlesham Parish council informed EATL that a planning

application for 250 houses had been submitted to Suffolk Coastal District

Council. The houses would be situated on the other side of Sandy Lane,

Martlesham, opposite the greenhouses.

Residents informed EATL that it had been misnaming Mill Road, and it should

be “Newbourne Road”.

Inquiries were made as to whether the Parish Councils could be personally

informed of the East Anglia ONE consent decision when it happened. EATL

sent an email the following day to all the Parish Councillors containing

information about the announcement of the decision to grant East Anglia

ONE consent the email contained links to where this information was

available.

A comment was made that it would be useful to have some “support” for the

Deben Estuary Partnership’s plans to shore up sea defences.

A local resident had concerns over an area near Martlesham where he

walked his dog that he thought might be destroyed. He said that nightingales

and other wildlife were present. He was told that contractors would take

photographs beforehand, to ensure they reinstated the land as they found it.

He was also informed that there would be a Code of Construction Practice


and an Ecological Management Plan – together with an Ecological Clerk of

Works and a Community Liaison Officer.

Several local residents raised concerns about the locations of proposed

accesses to the onshore cable route. These points were noted and residents

informed that EATL would be undertaking site visits of all proposed access

locations in order to check the feasibility of their use.

6.4.2.2 Endeavour House – 17th June 2014

157. 5 people attended the Endeavour House PID.

158. Whilst on the premises the EATL team spoke with the leader of Suffolk County

Council, the director of economy, skills and the environment, the Spatial Planning

and Sub Regional Partnerships Manager and the Economic Development Manager

and former stand-in CE of New Anglia LEP to inform them about the East Anglia ONE

decision and the proposed East Anglia THREE project. A number of council

employees viewed the project material in passing but did not specifically attend the

event.

6.4.2.3 Bawdsey – 17th June 2014

159. 29 people attended the Bawdsey PID.

160. The attendees asked about the following:

Community benefit for East Anglia THREE;

How long the Horizontal Directional Drilling (HDD) under the Deben would

take;

Boat traffic movements i.e. concerns about people with yachts, particularly

moored at Ramsholt – and the fact that they would need to get to and from

their boats; and

Onshore traffic, vibration, impacts on the houses by roads which would be

used to access the cable route.

6.4.2.4 Burstall – 18th June 2014

161. 32 people attended the Burstall PID.

162. The Chairman of the Burstall Parish Council attended saying that he had not been

happy with the outcome of the hearings for East Anglia ONE and making it clear that

he would not be supporting the proposed East Anglia THREE project.


6.4.3 Feedback form / Questionnaire

163. Three Feedback forms were returned during the PIDs the key messages from these

were as follows:

Concern over private water supply;

Concern over some accesses and impact on caravan site;

Visual impacts of the converter sheds–landscaping should start early and

sheds should be green; and

Overall the project team was “well informed and very helpful”.

164. In response to these concerns the Access points to the cable route have been

designed so that they cause minimal disruption to traffic and should not adversely

affect any caravan sites. Following the comment on the colour scheme as well as

wider consultation on landscaping it has been decided that the substations will have

olive green facades and grey roofs (This is reflected in the Computer Model

Visualisations associated with the East Anglia THREE ES, Volume 2, Chapter 29

Seascape, Landscape and Visual Figures 29.9 to 29.23). The ES concludes that the

East Anglia THREE project will have no significant effects on private water supplies

(Volume 1, Chapter 22 Land Use and Chapter 21 Water and Flood risk).

6.4.4 Traffic and Transport issues

165. During the Phase IIa PIDs one of Royal HaskoningDHV’s traffic and transport experts

was present to hold specific consultation on traffic related issues. During these PIDs

the following concerns were raised:

Concerns regarding the suitability of several of the proposed accesses were

raised by potentially affected residents;

A request to restrict HGV hours of operation (it was noted that in a recently

granted planning permission for conversion of a farm to commercial business

that a condition had been imposed restricting HGV traffic after 8pm);

The need for EATL to be aware of and sensitive to events such as the

Woodbridge Regatta which are critical to the upkeep of local amenities. The

suggestion was made that HGVs avoid these events;

The need to restrict HGV movements during the school run times;

The fact that Ramsholt is home to over 200 moorings. It was suggested that

HGVs should be routed via Alderton rather than north south route via B1083;


Concern over traffic conflicts with Bawdsey school;

Concern with HGVs negotiating Shottisham Bridge; and

Access via Tye Lane and the track adjacent being unsuitable for frequent HGV

movements.

166. As a result of these concerns received at the PIDs and following written responses to

the Section 42 Phase IIa consultation (see section 11.5 for further detail) the

following actions were taken by the EATL team:

A further additional consultation, Phase IIb (See section 11. 6) was

undertaken under Section 42 to focus specifically on accesses;

EATL made a commitment to limit HGV movements during peak traffic hours;

EATL have commissioned the production of a traffic management plan which

sets out how traffic associated with the proposed East Anglia THREE project

would be managed to cause minimal disruption.

Following the Phase IIb Section 42 Consultation the access via Tye Lane was

removed from the East Anglia THREE project.

6.5 Public Information Days – Phase III of Consultation

6.5.1 Advertising the Phase III Consultation PIDs

167. A specific East Anglia THREE consultation events poster was also produced, detailing

the dates and locations of the two PIDs which were held for Phase III. A copy is

provided in Appendix 21. These were provided to Local Parish Councils for display.

This poster also detailed the addresses of the five libraries where consultation

material could be accessed during the consultation period (19th June to 23rd July

2015).

168. Additionally, Section 47 notices providing a notification of the Update to the SoCC

contained details of the times and locations of the PIDs alongside information on the

libraries where consultation materials could be accessed during the consultation

period. These were published in the following local newspapers one week apart in

successive weeks:

East Anglian Daily Times - Thursday 11th June and Thursday 18th June 2015,

Eastern Daily Press - Thursday 11th June and Thursday 18th June 2015, and

Ipswich Star - Thursday 11th June and Thursday 18th June 2015.


169. Evidence of these publications can be found in Appendix 15.

6.5.2 The Phase III Consultation PIDs

170. Two PIDs were held to accompany Phase III of consultation (Table 6.2) and to

promote the update to the SoCC (see section 4.7) following the commencement of

the formal consultation period on 19th June 2015. The Phase III Report

(Consultation), Update to the SoCC and PIDs boards (Appendix 26) were made

available for public viewing, along with the opportunity to discuss the project with

members of the EATL team. Forms were also provided upon which consultees could

provide feedback to EATL (Appendix 27).

Table 6.2 Details of the Phase III Public Information Days


Bramford Bramford Church Rooms, Ship Lane,

Bramford, IP8 4AL

22nd

June 2015 12:00-19:00

Woodbridge Woodbridge Library, New Street,

Woodbridge, IP12 1DT

23rd

June 2015 12:00-19:00

171. 22 people attended each of the Phase III PIDs (44 in total across the two days).

Feedback forms were available (See Appendix 27) however no forms were

completed, with attendees appearing to prefer open discussion with the members of

the project team that were available. The majority of attendees were local residents

some of which were Parish Councillors. The PIDs were also attended by the planning

project manager from Suffolk County Council. The main topics discussed included:

Traffic numbers;

Location of the accesses (and use of them);

Potential to keep haul road in place from East Anglia ONE (and why it is

necessary to assess the worst case that the haul road may be removed

between Phase 1 and Phase 2, even if that may not be the eventual

outcome);

The reasons for phasing with regard to the government's new Contracts for

Difference (CfD) regime; and

Technical questions about the technology and the significance of LFAC (Low

Frequency Alternating Current) vs HVDC (High Voltage Direct Current)

solutions which were being considered.


172. Generally the attendees were supportive of the proposed East Anglia THREE project

and welcomed EAOW’s decision to install ducts for future projects as part of the East

Anglia ONE works therefore reducing the amount of construction disturbance.

6.6 Community Involvement

173. EATL intentionally situated the PIDs in three locations close to the areas affected by

the proposed electrical transmission works: Woodbridge, Bramford and Bawdsey or

Burstall. The PIDs at Woodbridge focused on the onshore route and engineering

works, the Bramford and Burstall PIDs focused on the substation site and building

and the Bawdsey PIDs, focused on traffic movements, the size of the construction

plant and coastal erosion. Attendees varied from local community members to

members of the local parish district and county councils.

174. The feedback gained by members of the project team present at the PIDs and via

email and letter responses received has identified that many members of the public

have a general interest in the project and renewables as a whole. Some members of

the public showed support for the location of the cable route and substation due to

the existing National Grid infrastructure already being located there. Many showed

support for the commitment by EAOW to include ducting for future projects within

their plans. Members of the local community expressed their satisfaction with the

engagement they had received and the more detailed information provided about

the onshore cable route and construction methodologies.

175. Consultation undertaken with Parish Councils (under Section 42) was also informed

by the communities they represent and therefore, although not conducted under

Section 47 is recognised as community involvement. These consultations have

directly influenced amendments made to the accesses points to the onshore cable

route. This was especially apparent during Phase IIb of consultation discussed in

section 11.6 of this report.

6.7 Compliance Statement

176. In accordance with Section 47(7) of the Act, Phases I, IIa and III Section 47

consultation was carried out in line with the proposals set out in the SoCC and

Update to SoCC, all commitments were fulfilled and EATL has had regard to all

responses. Details of how EATL complied with the SoCC and Update to SoCC are

provided in Table 6.3.

177. Where objections were raised during these stages of pre-application consultation to

the proposed development, EATL proposed additional consultation through face-to-

face meetings, phone calls and written correspondence with consultees to ensure


that any changes that could be made to the design, and details of proposals to

mitigate any concerns, could be included within the application.

178. Please see the full Statement of Compliance at Chapter 15 for more details.


Table 6.3 Activities carried out and compliance with the SoCC and Update to SoCC

Commitment Overview SoCC Statement EATLs compliance with the commitment

Public Information Days (Phase

I - Project Info and SoCC)

Following publication of this SoCC, EATL will hold Public Information

Days where members of the local community can meet with the East

Anglia THREE project team to discuss how local views can be taken

into account.

Information Days will be publicised in the local press, harbour notices,

on the East Anglia THREE website, on posters and flyers distributed

locally and through direct correspondence with Parish Councils and

Community Organisations

Three PIDs were held Bawdsey Woodbridge on 1st

2nd

and

3rd

of October 2013 following the publication of the SoCC

in September 2013.

The PIDS were advertised in Fishing News, East Anglian

Daily Times, Eastern Daily Press and the Ipswich Star.

Posters were displayed on harbour notices, public notice

boards in the vicinity of the PIDs. Instead of flyers, emails

were sent to all local councils detailing the venues and

timings.

Public Information Days (Phase

IIa - PEIR)

Public information days will be held in Spring/ Summer 2014 to

coincide with the publication of the PEIR.

Following the start of the Section 42 Consultation on PEIR

(23rd

May 2014) three PIDs were held at Bawdsey

Woodbridge and Burstall on 16th,

17th

and 18th

(respectively) of June 2014

Public Information Days

(Section 42 Phase III – Project

update)

These were not detailed in the original SoCC and form an additional

element of consultation. These were listed in the updated SoCC

Following the start of the Section 42 (Phase III)

consultation (date) two PIDs were held in Bramford and

Woodbridge on the 22nd

and 23rd

of June 2015

respectively.

Consultation with elected

representatives

East Anglia THREE Limited will meet with elected representatives and

will offer further engagement (e.g. attendance at Parish Council

meetings) on request or to coincide with the public information days.

Regular meetings with Parish Councils throughout the development of

the East Anglia ONE Offshore Windfarm will be continued throughout

the development of East Anglia THREE.

Representatives from the East Anglia THREE project team

have regularly attended the Parish Council meetings

throughout the pre application process and engaged with

Parish Council representatives by email and letter during

key phases of consultation.

Consultation with key non

statutory stakeholders and

special interest groups

East Anglia THREE Limited will ensure that relevant groups are invited

to the Public Information Days and will arrange face-to-face meetings

with them on an on-going basis as requested.

Suffolk Wildlife Trust attended a stakeholder workshop on

20th

February 2013

Whale and Dolphin Conservation attended a meeting with


Commitment Overview SoCC Statement EATLs compliance with the commitment

Brown and May Marine will liaise with fishermen and fishermen’s

organisations on behalf of East Anglia THREE Limited through

meetings and project updates in its role as Fisheries Liaison Officer.

EATL on 7th

July 2014

The Royal Society for the Protection of Birds (RSPB) has

been a participant in the Evidence Plan Process attending

the initial ornithology meetings.

Consultation through local

media

East Anglia THREE Limited will issue press releases where appropriate

about the windfarm development and the offshore renewable energy

sector in local media and trade journals.

In addition to the Section 48 notice, adverts promoting

the PIDs were placed in the main Suffolk newspapers, the

East Anglian Daily Times, Ipswich star and Eastern Daily

press. All adverts were displayed on the East Anglia

THREE project website and an article was placed on the

BBC website. Adverts were also placed in “local keeping

in touch” websites and published magazines as well as

parish magazines and newsletters (Appendix 28).

Responding to comments All comments and information we receive during Phases I, II and III of

the consultation will be recorded in a consultation database and

carefully considered by EAOW.

The EATL project team provided a dedicated phone

number, feedback form, email address and information

service throughout its consultation process to enable

people to speak directly to / email a member of the team

to ask questions and raise issues regarding the proposed

East Anglia THREE project.

Methods of getting in touch

with EATL

Visit our project website: http://eastangliathree.eastangliawind.com/

Email: [email protected]

Call (general enquiries): Keith Morrison on 0141 6140400

Call (fisheries liaison issues): Brown and May Marine (Stephen

Appleby) on 01379 870181 or 07887 77700

Post: FREEPOST RSTC-EJEY-RKRX, EAOW, 1 Atlantic Quay, 45

Robertson Street, 4th Floor, Glasgow, G2 8JB, or use the feedback

forms available at the public information days.

EATL staff took note of all issues raised at the PIDs and

attendees provided feedback via electronic touch screens,

a paper feedback form, the website, or by using the

Freepost address to write in.


7 SECTION 48 PUBLICITY NOTICES

7.1 Summary

179. The proposed application for East Anglia THREE was published in accordance with

Section 48 of the Act. The Section 48 Notices were published in two stages:

Phase II(a) - The first coincided with the start of Section 47 consultation and

Section 42 consultation on the PEIR; and

Phase III - The second coincided with Phase III Section 47 and Section 42

consultation on construction phasing.

180. During each phase of consultation Section 48 notices were published in local and

national newspapers as described below.

7.2 Publication and Contents of Notices

181. EATL published the proposed application in accordance with Section 48 of the Act

and Regulation 4 of the APFP Regulations on several occasions prior to the DCO

application. On each occasion these notices were combined with advertisements for

PIDs (see Chapter 6 and Appendix 22 for further detail).

182. The first Section 48 notifications (Phase IIa) were combined with information on how

to access the PEIR and when published in local papers and Fishing News with an

advertisement for the PEIR PIDs (See chapter 6 for further information on the PEIR

PIDs). A copy of the notification sent by EATL and evidence of its publication in the

national newspapers is provided in Appendix 24 and their publication in local

newspapers and fishing news in Appendix 22. Dates of the publications are

presented in Table 7.1. The deadline for responses was given as the 8th July 2014.

183. At the same time as notices were being published letters were sent to all APFP

prescribed consultees (as described in section 11.5 and recorded in Appendix 29) and

all consultees who had registered for projects updates on the project website were

provided with the same information as that on the Section 48 Notice. An example of

this email is provided in Appendix 13.

184. The second Section 48 notifications (Phase III) were placed to:

Advertise the proposed application for the DCO;

Present an outline of the project;

Outline the reports to be produced as part of Phase III of consultation; and


Name the libraries at which consultation material could be accessed during

the consultation period (19th June to 23rd July 2015).

185. A copy of the second Section 48 notification issued by EATL and evidence of its

publication is in the national, local newspapers and in Fishing News is provided in

Appendix 58 and Appendix 15 respectively. Dates of the publications are presented

in Table 7.1. The deadline for responses was given as 23rd July 2015.

186. In accordance with Regulation 11 of the EIA Regulations, the Section 48 notice was

sent to the Section 42 consultees on 12th June 2015 along with letters presented in

Appendices 30 to 33.

Table 7.1 Newspaper adverts for the PIDs

Newspaper Distribution Dates of Second

Notice (2014)

Dates for the third

notice (2015)

The Times National 27th

May 18th

June

London Gazette National 27th

May 18th

June

Fishing News Coverage: England,

Scotland,

Wales, Northern Ireland,

parts of

Scandinavia

30th

May 12th

and 19th

June

East Anglian Daily

Times

Daily paper in Suffolk,

covering

West, North and East

Suffolk and

Essex

27th

May and 3rd

June 11th

and 18th

June

Eastern Daily

Press

Norfolk, northern parts of

Suffolk,

Eastern Cambridgeshire

27th

May and 3rd

June 11th

and 18th

June

Ipswich Star Evening paper in Ipswich 27th

May and 3rd

June 11th

and 18th

June

Lloyds List National 27th

May 18th

June

7.3 Compliance Statement

187. EATL complied with the relevant legislation as follows:

EATL prepared and published Section 48 Notices for Phase IIa and III of

consultation in the manner prescribed under the APFP Regulations (Section

48(1))


The deadline for responses was included in the Section 48 Notices as 8th July

2014 and 23rd July 2015 (allowing a minimum of 28 days in each case)

(Section 48(2)).

The Applicant published the Section 48 Notices as required by Regulation 4(2)

of the APFP Regulations.

The Section 48 Notices included all of the elements listed under Regulation

4(3) of the APFP Regulations.

At the same time as publishing the Section 48 Notices , EATL sent a copy of

that notice to the consultation bodies and to any person notified to the EATL

in accordance with Regulation 9(1)(c) (Regulation 11 of the EIA Regulations).

188. The requirements under the Act are for the Applicant to have regard to the

responses in developing the proposed application (Section 49). No responses were

received specifically in relation to the Section 48 Notice but where it has been

identified through Feedback form analysis that respondents have heard about the

consultation from newspapers (which could have included the Section 48 Notices),

this has been acknowledged in the relevant section.


8 CONSULTATION UNDER THE EIA REGULATIONS

8.1 Summary

189. EATL undertook scoping in 2012. This included a detailed scoping report that was

submitted to the Planning Inspectorate with a request for a scoping opinion

(document 6.6 of this application). Following consultation with the relevant bodies,

the Planning Inspectorate provided a formal scoping opinion in late 2012.

190. Transboundary consultation for the project was conducted in accordance with

Planning Inspectorate Advice Note 12. Key transboundary issues were agreed

through the provision of a screening note from EATL to the Planning Inspectorate,

and the issue of a screening matrix by the Planning Inspectorate to the relevant EEA

States.

191. Organisations (defined by the EIA Regulations as those prescribed under section

42(a) of the Act and set out in Schedule 1 of the APFP Regulations) and each local

authority that is within Section 43) were consulted by the Planning Inspectorate on

both the onshore and offshore works for the proposed East Anglia THREE project.

192. The comments received and issues raised by the statutory consultees and

transboundary consultees were all considered by EATL in refining its proposal for the

East Anglia THREE project. All matters raised were addressed throughout the

Section 42 consultation (Chapter 11) and the feedback was used to inform the PEIR

and ES.

8.2 The Scoping Report 2012

193. In accordance with Regulation 8 of EIA Regulations, a scoping request was made to

the Planning Inspectorate in November 2012 which was supported by the East Anglia

THREE Offshore Windfarm EIA Scoping Report (document 6.5 of this application).

This included detailed information on the approach to EIA for the offshore windfarm,

an indicative project description for all offshore and onshore works and a summary

of potential impacts which were going to be assessed.

194. The Planning Inspectorate issued its formal Scoping Opinion in December 2012

(document 6.6 of this application). All responses made by the consultation bodies

formally consulted during the scoping exercise are documented in this report which

is also publically available on the Planning Inspectorate website1. A list showing the

1 http://infrastructure.planningportal.gov.uk/projects/eastern/east-anglia-three-offshore-wind-

farm/?ipcsection=folder


consultees responding within the statutory period and their responses is presented

in Appendix 2 of the Report (document 6.6).

8.3 Screening Note: Consideration of Transboundary Impacts

195. In January 2013, the Planning Inspectorate issued a Transboundary Impacts

Screening Matrix based on the relevant considerations specified in Advice Note 12.

196. The Planning Inspectorate also published a notification in the London Gazette

inviting stakeholders from Belgium, Denmark, France, Germany, Norway and The

Netherlands to notify the Planning Inspectorate by 6th March 2013 if they wished to

be consulted on the proposed development.

8.4 The Planning Inspectorate‘s Advice Based upon Consultation on the Scoping

Reports, Supplementary and Transboundary Information

197. In its scoping opinion (document 6.6), the Planning Inspectorate stated it was

satisfied that the topics identified in the scoping report encompass those matters

identified in Schedule 4, Part 1, paragraph 19 of the EIA Regulations. The main

potential issues identified by the Planning Inspectorate in its scoping opinion were as

follows:

Offshore:

o Benthic ecology;

o Marine Mammals;

o Ornithology;

o Commercial Fisheries;

o Aviation, in particular UK and Dutch main routes;

o Marine archaeology and cultural heritage.

Onshore:

o Ecology;

o Archaeology and cultural heritage;

o Traffic and transport;

o Socio-economic impacts, in particular disruption on the beach at the landfall

site for the export cables.


Wider scheme

o Seascape, landscape and visual amenity.

198. All matters raised by the Planning Inspectorate and other consultees were addressed

throughout the period prior to Section 42 consultation and the feedback was used to

inform the PEIR and ES.

199. Details of additional consultation carried out prior to the formal Section 42

consultation period, including the dates and summaries of the activities and

individual meetings and responses, can be found in Table 6.3 and Appendices 7 and

19 and Chapter 9 of this report.


9 NON-STATUTORY TECHNICAL CONSULTATION

9.1 Summary

200. Throughout the development of the project from early 2012 EATL has been

conducting Non statutory (or informal) consultation with local authorities, nature

conservation agencies and landowners potentially affected by the project. This

informal consultation has had a significant effect on the design and development of

the proposed East Anglia THREE project.

9.2 Introduction

201. Detailed below is the consultation which EATL has undertaken outside of that which

was conducted under Section 42. The nature of the consultation described in this

chapter was less formal and less prescriptive than the section 42 consultation which

is detailed in Chapter 11. However, it may be helpful to refer to Chapter 11 whilst

reading this chapter as all of the consultees referenced in this chapter were also

consulted under the statutory Section 42 consultation described in Chapter 11 and

consultation initiated with the Section 42 period often led to further consultation

out with the Section 42 process.

202. The consultation described in this Chapter is categorised by consultee or groups of

consultees and divided into onshore and offshore consultees.

9.3 Onshore

203. A chronological order is observed under each consultee sub heading and therefore

the chapter overall does not follow a chronological order.

9.3.1 Local Authorities' Meetings

204. Throughout the EIA process EATL has organised and attended monthly meetings

with the local authorities; attendees to these meetings included councillors from

Suffolk County Council and Mid Suffolk District Council.

9.3.1.1 Local Authority Steering group

205. EAOW formed a steering group with the Local Planning Authorities in 2012 in order

to keep them up to date with how projects within the East Anglia Zone were

progressing and identify any concerns that the Local Planning Authorities had with

any the proposed projects.

206. Representatives from EAOW and EATL attended these meetings which were held

approximately once a month depending on the how rapidly the project was

developing, discussions during these meetings included:


Updates on technical elements of the proposed East Anglia THREE project;

The draft SoCC and recommendations;

Surveys requirements and scope

Locations of PIDs to maximise effectiveness;

Material for display at the PIDs;

The approach to consent for the East Anglia THREE project; and

Key environmental issues arising through the EIA

207. When required, meetings were dedicated to specific topics such as traffic (meeting

held on 18th June 2015) and Public rights of way (16th July 2015). The fact that these

meetings were dedicated to certain topic meant that the local Planning Authorities

could ensure that the relevant persons attended. On the 4th September 2015 a day

long meeting was held with the Local Planning Authorities to review the relevant

chapters of the ES and review other DCO documents including the:

Outline Landscape and Environmental Management Strategy; and the

Outline Code of Construction Practice. Statement of Common Ground

(SoCG).

9.3.2 Consultation with the Environmental Health officers

208. During July and August 2015 EATL and their specialists consulted with the

Environmental Health Officers (EHOs) from Suffolk County Council, Ipswich Borough

Council and Mid Suffolk and Babergh District Council on the Noise and Air quality

assessments.

209. The consultation with an EHO at Ipswich Borough Council, providing advice on behalf

of Suffolk County Council, was conducted by email correspondence and was

primarily regarding the approach to assessment and in particular the Air Quality

Management Areas (AQMAs). The EHO requested further detail on the assessment

methodology and which AQMAs would be impacted. EATL provided a detailed

explanation of the methodologies used along with maps clearly showing which

AQMAs would be impacted. On receipt of this information the EHO confirmed that

she was happy with the assessment providing certain guidance was followed and

that the traffic data should be agreed with Suffolk County Council highways

[department] prior to modelling.


210. Consultation with an EHO at Mid Suffolk and Babergh District Council which centred

on discussions about the onshore noise impact assessment and proposed mitigation

measures. These issues were the focus of a meeting held on 7th August 2015.

Following the meeting the EHO from Mid Suffolk and Babergh District Council

confirmed that he agreed with the methodology used in the assessment and the

mitigation measures that were being proposed to reduce impacts of operational

noise at the onshore substation (see East Anglia THREE Environmental Statement,

Volume 1, Chapter 21 Noise and Vibration for further detail). Through further

consultation by email in September 2015 the exact wording of conditions to be

included within the draft DCO were agreed.

211. Further consultation was held through email with a second EHO at Mid Suffolk and

Babergh District Councils on the subject of ground conditions. The conclusion of

which was that the EHO agreed that the approach proposed (Within East Anglia

THREE Environmental Statement, Volume 1, Chapter 19 Soils, geology and ground

conditions) with respect to land contamination is appropriate given the risks along

the route and that the mitigation measures proposed were appropriate.

9.3.3 Consultation with Historic England

212. EATL provided the Offshore Archaeology and Cultural Heritage and Onshore

Archaeology and Cultural Heritage ES chapters to Historic England for review in

August 2015, and the Onshore and Offshore Written Schemes of Investigation in

September 2015. Responses to these documents were provided by Historic England

by email on 8th October 2015 and 15th October 2015.

9.3.4 Consultation with Highways England

213. EATL initially consulted with Highways England via a letter sent on the 16th

September 2015. The letter requested whether Highways England would be able to

consent to the wording in the Crown Rights Article in accordance with Section 135 of

the Planning Act 2008 (as amended). An email exchange between EATL and

Highway England between 16th September 2015 and 17th September 2015 provided

clarification on which section of the Highways act is relevant to the Crown Rights

Article and therefore temporary diversion of public rights of way and provided

information regarding the strategic road network ownership.

9.3.5 Consultation with Suffolk Wildlife Trust

214. On the 18th September 2015 EATL held a meeting with Suffolk Wildlife Trust, during

this meeting EATL provided an update on how the project was evolving post Phase

IIa Section 42 consultation and provided a forum for Suffolk Wildlife Trust to ask

questions about the data collected and the possible impacts.


9.3.6 Site Visit to the Deben Estuary

215. On 19th June 2014 EATL organised a site visit to the Deben Estuary to which the

following were invited:

Natural Environment Manager, Suffolk County Council;

Planning Projects Manager, Suffolk County Council;

Senior Ornithologist, Natural England;

Senior Environmental specialist, Marine Ornithology, Natural England;

RSPB;

Marine Lead Advisor, Natural England (did not attend); and

Senior Ecologist at Suffolk County Council (did not attend).

216. The event was designed to provide more information to consultees on the

engineering techniques which are being proposed for use during construction in

around the Deben estuary and to explain what impacts this may have on receptors

at the site.

217. The day started with a presentation on HDD techniques which was delivered at the

Suffolk County Council offices in Ipswich. This was followed by a site visit which

involved the consultees being transported to the Ramsholt Arms, which had been

identified as a suitable viewing point for the Bawdsey and Ramsholt Marshes.

218. General feedback provided on the day was that the site visit had been very useful

and had furthered understanding of the project.

9.3.7 Parish Councils

219. Following the PEIR PIDs (Section 6.4.2) informal consultation continued between

some consultees and the EATL team. An example of this was where a councillor for

Martlesham provided information on an intended access route, the EATL survey

team then met with the councillor to inspect the access route and verify the

information provided.

9.3.8 Natural England


with Natural England case officers. These meetings were conducted by

teleconference calls and were used to update Natural England on the EIA and any

project developments. Details of other specific meetings are described below.


221. Following a decision in September 2014 to delay the application date (see section

9.6.1 for details); there was a pause in consultation until the beginning of 2015. On

19th March 2015 East Anglia THREE held a meeting with Natural England to restart

consultation and inform of recent developments with the project, including the

potential that the construction period may need to be carried out in two phases.

During this meeting Natural England was content with the concept of having a

phased construction approach as an option within the project envelope (see section

11.6.2 for an explanation of phasing). It did however raise concerns about the

potential impact to overwintering Brent geese which are known to feed in the

marshes around the Deben estuary. EATL re-affirmed that it would commit to

cessation of all construction activities between the November and February within

that area of the onshore cable corridor, therefore removing the impact on feeding

geese.

222. In April 2015 an email was sent to all the Parish Councils that could be affected by

the project outlining the revised timeframe for the application (see section 11.6 for

further detail) and introducing the concept of phasing a copy of the email is provided

in Appendix 20.

223. During October 2015 EATL consulted with Natural England’s European Protected

Species (EPS) team regarding the submittal of a draft EPS licence for great crested

newts. However, due to the fact that prior to the application submission date (18th

November 2015) there was insufficient information to be able to finalise the EPS

licence, it was agreed that the most appropriate time for consultation on this matter

was post submission.

9.4 Offshore

9.4.1 The MMO


with the MMO case officers. These meetings were conducted by teleconference

calls and were used to update the MMO on the progress of the EIA and any project

developments.

9.4.2 Joint Consultation with the MCA and Trinity House

225. Informal consultation between EATL the MCA and Trinity House started as early as

November 2012 during monthly calls to discuss projects in the East Anglia Zone. The

consultation specific to East Anglia THREE took the form of an agenda where issues

such as: the results of traffic surveys; agreement on the approach to forthcoming

changes in the Dutch routing measures and the MCAs and Trinity House’s response

to the scoping report.


9.4.3 MCA

226. The East Anglia THREE Scoping Opinion (Document 6.6) stated that impacts to

offshore telecommunications and interference with marine radar could be scoped

out of the EIA on the condition that there were no objections from operators and

service providers. In response to this EATL sent a letter dated 15th September 2013

to the MCA providing justification for the scoping out of marine telecommunications

and interference and requesting agreement from the MCA on this issue. On 17th

October 2013 the MCA sent an email in reply to this letter stating that:

“Your analysis of the argument is accepted and on those grounds MCA are happy for

telecommunications and interference to be scoped out of the EIS assessment.

However as radar interference is a real navigational risk, MCA would however require

that radar interference is retained within the detailed Navigation Risk Assessment. “

227. The Navigation Risk Assessment (provided in Appendix 15.1 of the East Anglia THREE

ES) includes assessment of potential interference with Marine Radar. No other

objections to the scoping out of the assessment of marine telecommunications and

interference were received by EATL during any subsequent phases of consultation.

228. A meeting was held with the MCA on 16th July 2015 (Appendix 7) during this meeting

updates and changes to the project design were discussed and how these affected

the Navigational Risk Assessment (NRA). The distance of buffers between the East

Anglia THREE site and shipping routes were also discussed, after which

representatives from the MCA indicated that they needed to consult more widely

within the organisation before agreeing that the proposed buffers were suitable.

Following that meeting on 16th July 2015 an email was sent to the MCA enquiring

whether the MCA where happy with the 1nm buffer between the East Anglia THREE

project and the DWR. On 30th July 2015 MCA replied to confirm that they were

satisfied with this 1mn buffer.

9.4.4 Royal Yachting Association (RYA)

229. On 3rd August 2015 EATL held a meeting with the RYA to explain what the changes to

the project meant for the NRA. Also during this meeting it was confirmed by EATL

that there is no intention for operational safety zones within the East Anglia THREE

site and that safety zones will only be required during construction and

maintenance. It was also confirmed that marking will be to MCA and Trinity House

requirements and that it will be clear to a vessel if it is at the East Anglia ONE or East

Anglia THREE site.


9.4.5 Trinity House Lighthouse Service

230. On the 21st of July 2015 EATL held a meeting with Trinity House. During this meeting

relevant changes to the project were discussed and it was explained to Trinity House

Lighthouse Services how these changes affected the NRA. Also during the meeting

Trinity House confirmed that 2nm is the preferred buffer for the Deep Water Route,

on the west side of East Anglia THREE site, but in principal they had no issue with the

1nm buffer that is being proposed.

9.4.6 Vessel Operators

231. To support the Shipping and Navigation EIA and NRA, Automatic Identification

System (AIS) and radar surveys were completed which identified and monitored

vessel movement within the proposed East Anglia THREE site and a potential project

area to the north of East Anglia THREE. The four surveys were completed in the

following periods:

27th August to 6th September 2012;

12th April to 21st May 2013;

24th July to 3rd August 2013; and

23rd January to 2nd February 2014

232. All vessels which crossed through the East Anglia THREE site or to the north of the

site one or more times during the four surveys were sent a letter informing them of

the project. An example of this letter and the mailing list is provided in Appendix 34.

233. As part of a joint consultation with EAOL and EATL a meeting was held with CLdN

(formerly Cobelfret) a privately owned, Luxembourg based shipping company

operating ferries and bulk carriers on 1st January 2014. Euroship and UBEM both of

which are vessel management companies and are subsidiaries of CLdN attended this

meeting. During this meeting it was shown that the proposed East Anglia THREE

project would not interfere with the identified routes that CLdN or its subsidiaries

use.

9.4.7 Ministry of Defence

234. In addition to consultation during statutory periods, ongoing consultation has been

undertaken with MoD between the 20th September 2013 and 13th October 2015, this

included meetings held on the 6th November 2014 and on 20th August 2014

(Appendix 7), during which the parameters and methodologies used for modelling

impacts to radar were agreed. Further discussions, which were conducted by email,

included clarifications on how to model the affects, MoD informal modelling showing


extent of Line of Sight for a series of wind turbine tip heights, and possible use of

Non Automatic Initiation Zone (NAIZ) as mitigation. Email correspondence during

August 2015 was used to inform the MoD of project updates and agree results of

modelling.

9.4.8 The Royal Society for the Protection of Birds (RSPB)

235. The RSPB was involved in the Evidence Plan process and therefore their involvement

is captured in section 10.2 below.

9.4.9 Whale and Dolphin Conservation - WDC

236. On 7th July 2014 there was an opportunity to meet with the Whale and Dolphin

Conservation Society (WDC) as a meeting had already been scheduled between

Scottish Power Renewables and the WDC to discuss a separate project.

237. The WDC welcomed the opportunity to meet with representatives of the EATL team

and overall, WDC was satisfied with the assessment methodology and comfortable

that the site contained relatively low densities of marine mammals however, their

overarching concerns were cumulative effects of noise from piling and, corkscrew

injuries.

238. The WDC asked about the role of non-statutory bodies in the development of the

Marine Mammals Mitigation Plan (MMMP). EATL advised the requirement for such

a plan is often a condition of an offshore windfarm consent, however, on previous

projects consultation on this document only included statutory bodies such as

Natural England. A draft MMMP is being submitted as part of this DCO application

and is Document 8.15 and will therefore be available for comment by any interested

party.

239. EATL consulted again with WDS in August 2015 with an offer of a meeting to discuss

updates to the assessment and the final submission. However, a suitable date for a

meeting was not agreed prior to the application being made.

9.4.10 Environment Agency

240. In September 2015 EATL contacted the Environment Agency by email update them

on project developments and to provide a reminder of the application submission

date and subsequent potential examination timescales for Section 56 responses.

9.4.11 Navigational Risk Assessment

241. In order to complete the NRA consultation with all relevant users of the East Anglia

THREE site was undertaken. A hazard workshop was hosted by EATL and ANATEC

Ltd. (EATLs appointed shipping and navigation consultants) on 3rd February 2014 to


identify the navigational hazards associated with the development. This workshop

was attended by the maritime stakeholders including:

Rederscentrale (Belgian Fisheries)

Brown & May Marine Ltd.;

Cruising Association;

DFDS Ferries;

P&O Ferries;

Hanson Marine Aggregates;

VisNed (Netherlands Fisheries); and

RNLI.

The following organisations were invited, however did not attend the workshop:

Royal Yachting Association (RYA);

Chamber of Shipping;

CLdN Ro-Ro UK Ltd. (Cobelfret);

Teekay Shipping (UK) Ltd.;

Europilots;

UK Pilots Association;

Maritime Coastguard Agency;

Trinity House Lighthouse Services;

Department for Transport; and

Bristow Group

242. The outcome of the meeting was the production of a Hazard Risk log which was

circulated to all relevant stakeholders following the meeting and was then circulated

again on the 6th August 2015 following changes to the design of the proposed East

Anglia THREE project in the 2015 (see section 9.6) and its re-evaluation.


243. Further information on the NRA can be found in the East Anglia THREE

Environmental Statement Volume 3, Appendix 15.1 and details of the consultation

undertaken for the NRA can be found in Section 6 of that Appendix. Once the NRA

had been completed meetings were held with the following consultees to seek

approval of the NRA:

The MCA on 27th June 2014

The RYA on 27th June 2014

The Chamber of Shipping on 2nd July 2014; and

Trinity House Lighthouse Services on 2nd July 2014.

9.4.12 Operators of Other Infrastructure

244. Consultation outside of the formal Phase I, IIa and III Section 42 Consultation was

also undertaken with current and future operators of infrastructure that is / could in

future be located within or close to the East Anglia THREE site and offshore cable

corridor. This included cable operators, dredging companies (see section 9.3.4

above), other offshore windfarm operators and oil and gas infrastructure operators.

245. EATL hosted a meeting with ENI UK Ltd. (ENI) an oil and gas exploration company

who hold the licences for licence blocks that overlap with parts of the proposed East

Anglia THREE project on the 23rd July 2015. The meeting was used to discuss both

parties’ aspirations in the area. ENI confirmed that they are considering a number of

locations for drilling prospective wells some of which would be located within the

East Anglia THREE site; however, their current priority is the drilling of prospective

wells that would be located outside of the East Anglia THREE site.

9.5 Non Statutory Consultation with Directly Affected Landowners

246. As the East Anglia THREE onshore cable route follows the same cable route as the

consented East Anglia ONE project, consultation with landowners who may be

affected by the project has been ongoing since 2011 (information on the formal

consultation under section 42, and therefore Section 44, with Landowners is

provided in section 11.3.3 of this report).

247. Land agreements sought on behalf of the East Anglia ONE project incorporate rights

for the East Anglia THREE works, so the majority of landowners affected were

contacted extensively throughout that process. However as the East Anglia THREE

cable route includes a number of accesses not utilised by East Anglia ONE additional

landowner searched were conducted.


248. Following a review of landowner information, three additional landowners were

identified as being affected by East Anglia THREE that had not been affected by East

Anglia ONE. Landowners were initially identified using information gained through

the East Anglia ONE process. This was then checked against updated Land Registry

searches, and through discussion with land agents appointed by landowners to

coordinate negotiated agreements with the projects. New landowners were

contacted directly by the East Anglia THREE project.

249. Letters were sent to all landowners affected by East Anglia THREE (both those who

are affected by additional accesses and those who are not) on 6th October 2015 and

8th October 2015.

250. On 23 October 2015, EAOW issued a non-statutory request for information (RFIs)

under cover of a letter sent to all landowners identified as directly affected by the

preferred onshore cable corridor. The request for information asked for details of

the person(s) or organisations having an interest in land or property within the

preferred onshore cable corridor, the nature of their tenure in the property, details

of the current occupier, any private rights benefiting and affecting the property, any

restrictive covenant(s), and whether the plans (by reference to relevant extracts of

the Book of Reference) showing the person‘s land were correct. The RFIs were

accompanied by information setting out EAOW's current understanding of the

recipients' land, including details of other interests, current mortgages. Parties were

asked to provide details of any current managing agents. A copy of the RFI was sent

to landowners solicitors (where known) on 25th October 2015.

251. A summary of the consultation with landowners is provided in Appendix 35.

9.6 Changes in Programme

9.6.1 Delay in Application Submission from 2014 to 2015

252. Due to uncertainties with the Contracts for Difference (CfD) the date for submission

of the proposed East Anglia THREE project application was delayed from November

2014 to November 2015. The decision to delay was made in September 2014,

however at this time a new submission date had not been defined. As soon as the

decision was made to delay the application date, all consultees who had responded

to the Section 42 Phase IIa (see section 11.5) or Phase IIb (Section 11.6) consultation

were sent letters informing them of the delay. An example of these letters are

displayed in Appendix 36 and an email was sent form the project email address

informing anyone who had registered (including those who registered in Phase I) on

the website of the delay in application timescales.


253. In January 2015 the decision was made to submit the application in November 2015.

During the Phase III consultations (Section 11.7) consultees were made aware of the

revised intended application date.

9.6.1.1 Implications of the Change

254. With the change in application date, EATL considered it necessary to seek advice on

the validity of data collected thus far on the project, given the extended time

frames.

255. A letter was sent to the MCA on 4th March 2015 stating that EATL recognised that a

survey of vessel traffic within the East Anglia THREE site (and a site to the north of

the East Anglia THREE site) completed in May 2013 would, under guidance note

MGN371 (MCA 2008) be considered out of date in November 2015. The letter

requested advice from the MCA as to whether further survey would be required.

The MCA replied with a letter dated 19th March 2015 which confirmed that they

were content that further vessel surveys were not required for a DCO application if

submitted in November 2015.

256. Following the decision in September 2014 to delay the application there was an

opportunity to reflect on the way that consultation was being carried out and make

improvements to the process. EAOW held a meeting with Natural England on 28th

January 2015 to discuss the progress of East Anglia ONE and also outline how

consultation will proceed with the proposed East Anglia THREE project form that

point forward.

257. In May 2015 EATL wished to seek confirmation from Natural England that, despite

the delay in submission of the application, the onshore ecological survey data on

which the assessment is based was still valid. EATL received an email on 21st May

2015 confirming that in Natural England’s opinion all survey data would be relevant

for a November 2015 submission.

9.7 Environmental Statement Chapter Reviews

258. In July 2015 the MMO, Natural England and Suffolk County Council were all provided

with relevant chapters of the Environmental Statement for review. The aim of this

review was to provide the statutory consultees a final chance to comment on the

assessments and raise any concerns about the methods used and the conclusions

drawn. The following chapters were provided:

Suffolk County Council

o Chapter 23 Terrestrial Ecology;


o Chapter 22 Land use;

o Chapter 27 Traffic and Transport;

o Chapter 28 Socio-economics, Tourism and Recreation; and

o Chapter 20 Air quality.

Natural England

o Chapter 7 Marine Geography Oceanography and Physical Processes;

o Chapter 12 Marine Mammals ;

o Chapter 24 Onshore Ornithology;

o Chapter 23 Terrestrial Ecology; and

o Chapter 13 Offshore Ornithology.

MMO (and CEFAS)

o Chapter 7 Marine Geography Oceanography and Physical Processes;

o Chapter 12 Marine Mammals;

o Chapter 10 Benthic Ecology; and

o Chapter 13 Offshore Ornithology.

259. Through consultation with the MMO it was decided that there was not sufficient

time for CEFAS to review chapters and provide detailed comments prior to the

application date and therefore they were provided for Cefas’s information rather

than as a review.

260. The reviews provided comments which EATL did not consider required substantial

changes to the relevant chapters. Each chapter listed above addressed the

comments in detail within that chapter (see the consultation table in each chapter)

and provided below are summary of the key general points raised:

Further referencing was required between chapters and other documents

which form the DCO application;

Greater detail should be provided on the assumptions behind many the

calculations which had been made;


In some cases greater justification was required for the outcome of the

assessments; and

The most up to date guidance and source information should be used and

referenced.

261. EATL held a meeting (See Appendix 7) on the 3rd September with relevant experts

from Suffolk County Council to discuss all the Environmental Statement chapters

that had been provided to them. The outcome of this meeting was an outline of the

SoCG between EATL and Suffolk County Council.

9.8 Consultation of the DCO and other Certified Documents

9.8.1 DCO and DMLs

262. Starting on the 7th of August 2015 the following organisations were sent the draft

DCO and Explanatory Memorandum so that they could become familiar with the

provisions made within that document:

National Grid;

The MMO

Anglian Water;

Network Rail;

British Telecom;

Easynet;

BSKYB (Sky);

Virgin Media;

Atkins Global - Vodafone; Energis;

Thus;

ESP Utilities Group Limited;

Centrica;

Wireless Infrastructure;


Highways England; and


263. Suffolk County Council responded to the draft DCO on 12th October 2015, with a

comprehensive review of the DCO which included comments on the wording

particularly in regard to how hedges, street works and reinstatement are treated

within the conditions.

264. EATL then contacted all statutory undertakers between the 28th September and 18th

October to ask them if they were satisfied with the Protective Provisions section of

the DCO. It was recognised, by EATL that, it was unlikely that any of the above

organisations would respond prior to the application being submitted however

Anglian Water did respond to EATL indicating that they were satisfied with the DCO

and thought the provision made were adequate.

265. In addition to being sent the DCO, the MMO and Trinity house were also sent draft

copies of the DMLs on 27th September 2015.

266. On the 25th September Trinity House responded to say that Trinity House had been

correctly defined in the DCO and DMLs and that the DMLs provided for conditions

which “closely resemble the standard navigation conditions (agreed between Trinity

House, MCA, MMO and UKHO)”.

267. On the 16th October 2015 the MMO responded with comments on the DCO, these

included a suggestion that a “requirement for a ‘co-operation statement’” should be

included, a requirement for all relevant reports to be agreed with the MMO and

clarification on the assumptions behind the calculations for disposal of material

should be provided.

9.8.2 Certified Documents

268. The MMO were provided with the following draft documents in September and

October 2015:

The Outline Landscape and Ecological Management Strategy (OLEMS);

Outline Offshore Operations and maintenance plan (OOOMP); and

In Principle Monitoring Plan (IPMP)

269. The MMO responded to these documents on the 16th October 2015. Comments on

the IPMP and OOOMP are provided in Table 9.1.


270. Natural England were provided with the drafts of the following documents in

September and October 2015:

The OLEMS;

IPMP; and

The Marine Mammals Management Plan (MMMP)

271. Natural England provided comments on the MMMP on 9th October 2015, the IPMP

on 13th October 2015 and the OLEMs on the 28th October 2015; responses are

summarised in Table 9.1

272. Suffolk County Council, Mid Suffolk and Babergh District Councils and Suffolk Coastal

District Council were provided with the following during September and Early

October 2015:

The Outline Code of Construction Practise (OCoCP) Report;

The OLEMS;

The Draft Design and Access Statement (DAS);

The Outline Onshore Written Scheme of Investigation (Outline Onshore WSI);

The Outline Travel Plan;

The Outline Traffic Management Plan (OTMP); and

The Outline Access Management Plan (OTMP).

273. Suffolk County Council provided comments on all of these documents and the

responses are summaries in Table 9.1 below.


Table 9.1 Summary of the Stakeholders Key Comments on Certified Documents. It should be noted that these are summaries of comments rather than the full comments.

Stakeholder Document reviewed Comments EATL Response

Natural England

MMMP Natural England advised that two Marine Mammal

Observers (MMO) (rather than the one suggested)

and that the Passive Acoustic monitoring (PAM)

should from part of the mitigation.

Para 18 updated to state:

Monitoring of marine mammals would involve the

deployment of at least one marine mammal observer

(MMO) one hour after sunrise until one hour before

sunset. A single passive acoustic monitoring (PAM)

device will be deployed when necessary to ensure 24/7

working is possible. The use of acoustic deterrent

devices (ADD) will be reviewed in consultation with the

Marine Management Organisation and Natural England

prior to agreement of the final MMMP.

IPMP With regard to Marine Mammals and Marine and

Coastal Ornithology, Natural England would

welcome further discussions to better understand

the rationale for the proposed monitoring

methodologies for the sensitive receptors and the

most effective ways to answer the questions posed

by the EIA

EATL welcome further discussion on the IPMP with

Natural England.

EATL have provided further rational for their stated

position with regards Ornithological monitoring within

the IPMP.

EATL recognise Natural England’s advice with regard

Marine Mammal monitoring and have updated the

IPMP to make reference to appropriate surveys such as

those included within the Disturbance Effects on

Harbour Porpoise of the North Sea (DEPONS) project or

site based monitoring. It is the EATL preferred position

to retain the suggested specific site based alternative.

OLEMS Detail should be included as to what further action

will be undertaken if the pre-construction survey

identifies any notable species.

Further detail has been added to the final pre

application draft



Should identify who would need to be satisfied with

the works rather than stating the ‘EcoW and/or

ACoW’ and ‘Natural England/Suffolk county Council

and/or Mid Suffolk or Suffolk Coastal District’.

This has been clarified in the final pre application draft

MCA IPMP Content with the traffic monitoring proposal. No action required.

MMO (with advice

from Cefas)

Site characterisation

Report

MMO had one comment which was that further

detail should be included regarding the likelihood

that sediment would be dredged from and area

which was known to have elevated levels of Arsenic

Further information was added to the report to clarify

that due to the lack of steep sided sandwaves in that

location dredging was unlikely. However if dredging

was required EATL would commit to further sampling to

ascertain the extent of the area containing elevated

levels of Arsenic.

IPMP The monitoring proposal should add that future

surveys may be required if the results of the post-

construction survey highlights any impacts.

Agreed and Table 3 updated

The monitoring proposal states that measured data

will be compared with predictions but is not clear on

what information will be collected, i.e. monitoring of

the noise produced during installation of the first

four foundations.

Updated and clarified in Table 5 that monitoring would

look to compare the measured data, from the first four

foundations, with predictions for received levels, source

levels that were made in the original ES.

Due to limited timescales the MMO has not been

able to consult with the Centre for Environment,

Fisheries and Aquaculture Science (Cefas) on this

document but will do so during section 56

consultation. MMO advises that the applicant also

seeks Natural England advice on the proposals

detailed in the IPMP.

Natural England were also consulted on with regard to

this document



OOOMP It should be made clear which vessels will be used

for which activities

Text clarified throughout document

Further information is required as to what extent

‘minor fault finding and repairs’ have been assessed

in the environmental statement.

Clarification provided in document (para 5 2nd

bullet

point)

which activities and clarification is required on what

constitutes the ‘initial operation period’

Text updated to clarify just the operation period

Suffolk County Council,

Mid Suffolk and

Babergh District

Council and Suffolk

Coastal District Council

OCoCP Had no comments at this stage No action required

OLEMS Include plan / drawing to show landscape planting and mounding.

Document updated to include this.

Lighting design at substation should be secured by

specific DCO requirement

The DCO contains a condition that no “works may

commence until written details of any external lighting

to be installed […], including measures to prevent light

spillage, have, after consultation with the highway

authority, been submitted to and approved by the

relevant planning authority.

Ensure consistency with ES Chapter 29 Seascape,

Landscape and Visual Amenity

Noted

Consider effects of chalara around the substation

separately.

Noted and document updated to reflect this.

Consider inter/intra project effects between phases

and East Anglia ONE

Noted and ES Chapters 23 Terrestrial Ecology and 29

Seascape, Landscape and Visual Amenity include

appendices to consider these elements.

Design and Access Reference to particular building typology unhelpful Text updated to remove this reference.



Statement (DAS)

East Anglia ONE design review to be taken into

account

Noted.

Ensure consistency with ES Chapter 29 Seascape,

Landscape and Visual Amenity

Noted

Provide fuller description of elements within

onshore design envelope

Document updated to reflect this.

Include graphics within the document Document updated to reflect this.

Outline Onshore WSI Had no comments at this stage No action required

Outline Travel Plan Discussions with SCC regarding measures to monitor

and control car-share numbers and preventing ad-

hoc parking on the highway.

Detail of measures contained within the OTP.

Outline Traffic

Management Plan (OTMP)

Wording requested to clarify that HGVs will be

prohibited from travelling through Coddenham.

Additional detail contained in the OTMP.

Further detail requested regarding highway

condition survey methodology.

Further details requested regarding measures for

managing HGV deliveries during major incidents.

Details requested of the peak HGV demand that

would be managed by pilot vehicle.

Additional detail included within Table 2 of the OTMP.

Swept path analysis to accesses AF and AD required

to check the existing highway geometry is suitable.

Swept path analysis provided in Appendix 4 of the

OTMP, demonstrates no issues with the existing

highway geometry.

Amendments to Table 2 requested, to include Table 2 of the OTMP amended to include additional



number of days over which the impacts would occur

and details of existing traffic flows.

detail.

Amendments to mitigation measures for vehicles

travelling to accesses AJ and AK to accommodate a

point of conflict.

Details requested of how HGVs will be managed

along a section of the B1079 East of Grundisburgh

where the road narrows.

A review requested of the rationale for utilising

Lower Road to access, access AD rather than using

Henley Road.

Initial screening of sensitive receptors identified that

Henley Road serves pedestrian routes to schools

/leisure centres and is a densely populated residential

area with on-street-parking in places. It was therefore

considered that the route was unsuitable for HGV

construction traffic.

Outline Access

Management Plan

(OAMP)

A review of the access strategy to ensure the

visibility splays are compliant with the existing or

proposed design speed contained withinTD9/93.

Table 4 and Appendix 3 of the OAMP contain additional

detail.

A review of the access strategy to ensure that

visibility splays relying upon a reduced speed limit to

achieve a compliant design are self-enforcing.

Amendments to the road safety audit wording

requested.

OAMP text updated for submission.

Amendments to typical access details requested. Amended detail contained within Appendix 2 of the

OAMP.

Historic England Outline Onshore WSI Reconsider classification of potential impacts in

area.

Noted and text updated accordingly.



Consider geoarchaeological survey methods within

the WSI

Noted and text updated accordingly.

HE see reassurance from EATL that an

archaeological contractor is appointed in sufficient

time to allow suitable level of engagement with HE

and SCC

Noted and Section 1.16 updated to state that this is

necessary

Outline Offshore WSI Include section outlining the main roles and

responsibilities in relation to the historic

environment.

Section 7.2 of the Outline Offshore WSI updated to

reflect this.

Include brief section outlining project parameters

and requirement for seabed preparation, including

proposed methods.

Section 3.1 of the Outline Offshore WSI updated to

reflect this.

Ensure consistency with ES Chapter 187 Offshore

Archaeology and Cultural Heritage.

Noted

We confirm the required use of ORPAD (Offshore

Renewables Protocol for

Archaeological Discoveries)

Noted

HE seek confirmation on whether archaeological

input will be required for future offshore surveys.

Updated to reflect that this will be the case.


9.8.3 Draft SoCG

274. The MMO were also sent a draft SoCG on the 5th October 2015. This was discussed

on 21st October 2015 and the MMO agreed to provide comments in due course.

275. Suffolk County Council were sent a template for a SoCG on 24th September 2015. A

response was received on the 29th September suggesting a slightly different layout.

This was implemented in subsequent versions of the document.

9.9 Conclusion

276. To take account of fundamental environmental issues and constraints to the project,

EATL undertook significant non-statutory informal consultation with a number of

statutory and non-statutory technical consultees. Non statutory consultation has

had a significant effect on the design and development of the proposed East Anglia

THREE project.


10 STATUTORY NATURE CONSERVATION BODY (SNCB) INFORMAL CONSULTATION

10.1 Summary

277. EATL has conducted much of the consultation with SNCBs through the Evidence Plan

process. This novel process has bought together relevant consultees using topic

focussed groups. This approach has allowed EATL to clearly inform SNCBs about the

impacts that the proposed East Anglia THREE project may have on the environment

and has allowed open a transparent discussion to take place which has in turn

influenced project design to minimise the impacts to the environment.

10.2 Evidence Plan

278. The main mechanism to help agree the ecological information EATL needs to supply

to the Planning Inspectorate as part of its DCO application and to help to ensure

compliance with the EIA and HRA was through the Evidence Plan. The Evidence plan

was introduced by the Major Infrastructure and Environment Unit (MIEU) which held

overall responsibility for the plan.

279. The Evidence Plan is a framework within which statutory consultees and EATL ensure

that the EIA and HRA process is completed in a way that is satisfactory to all parties

involved. A steering group hosted and chaired by MIEU was made up of Defra,

Natural England2 and the MMO and EATL is responsible for; overseeing progress of

the evidence plan, agreeing resolution of any issues that emerge during the Plan

process, ensuring that progress is maintained and to provide sign-off for decisions of

Expert Topic Groups.

280. Within the plan seven expert topic groups (ETG) were set up as displayed in Diagram

10.1 below. These groups were designed to streamline the process and ensure that

the most relevant people attended the meetings.

2 Note that originally the Joint Nature Conservation Committee (JNCC) was also represented within this

process until changes in remit led JNCC to withdraw


Diagram 10.1 Group Structure for the East Anglia THREE Evidence Plan.

281. Each ETG was responsible for agreeing the approach to addressing Technical issues

such as how data is collected and how it is interpreted. A list of meetings held under

the evidence plan is provided below. Topics with more complex issues or issues

where agreement was harder to obtain required more meetings than topics where

agreement was more straightforward. The agreement logs from all ETG Evidence

Plan meetings can be found in the Appendices for the relevant ES Chapters in

Volume III of the East Anglia THREE ES as follows:

Appendix 7.1 Evidence plan for Physical Processes

Appendix 10.1 Evidence plan for Benthic Ecology

Appendix 11.1 Evidence Plan for Fish and Shellfish Ecology

Appendix 12.1 Evidence Plan for Marine Mammal Ecology;

Appendix 13.1 Evidence Plan for Ornithology; and

Appendix 23.3 Evidence Plan for Terrestrial Ecology.

282. Table 10.1 provides a record of all Evidence Plan meetings. It should be noted that

the RSPB was also included in this process with regard to the ornithological

meetings.

Steering Group

Marine Mammals

Physical Processes

Ornithology Benthic

Ecology Fish Ecology Onshore

Ecology

Expert Topic Groups


Table 10.1 record of Evidence Plan meetings

Meeting date Attendees Topic

7th

March 2013 EATL, Defra, Natural England, JNCC

and Cefas

Steering Group Meeting How the

Evidence plan will work.

7th

May EATL, Defra, Natural England, MMO,

JNCC and Cefas

Steering Group Meeting Finalising

the overarching Evidence Plan

5th

August EATL, RSPB Meeting to explain the process

with RSPB and gauge how RSPB

wished to be involved

10th

September 2013 EATL, Natural England and Cefas Fish and Shellfish Ecology ETG

Meeting 1

10th

September 2013 EATL, Natural England and Cefas Benthic Ecology ETG Meeting 1

13th

September 2013 EATL, Natural England and Cefas Physical Processes ETG Meeting 1

13th

September 2013 EATL, Natural England Marine Mammal ETG Meeting 1

30th

September 2013 EATL, Natural England and RSPB Offshore Ornithology ETG Meeting

1

11th

November 2013 EATL, Natural England and RSPB Offshore Ornithology ETG Meeting

2

12th

November 2013 EATL, Defra, Natural England, MMO

and Cefas

Steering Group Meeting –evidence

plan progress

15th

November 2013 EATL, Natural England Marine Mammal ETG Meeting 2

5th

December 2013 EATL, Natural England and SCC Onshore Ecology ETG Meeting 1

26th

February 2014 EATL, Natural England Marine Mammal ETG Meeting 3

28th

March 2014 EATL, Natural England and RSPB Offshore Ornithology ETG Meeting

3

7th

May 2014 EATL, Natural England, MIEU, MMO

and The Planning Inspectorate


plan progress

2nd

July 2014 EATL, Natural England and RSPB Offshore Ornithology ETG Meeting

4 (PEIR)

3rd

July 2014 EATL, Natural England, MMO, Cefas Marine PEIR meeting (physical

processes, marine mammals,

benthic ecology, fish and shellfish

ecology)

2nd

June 2015 EATL, Natural England, MMO and The

Planning Inspectorate


plan progress

3rd

June 2015 EATL, Natural England and RSPB Offshore Ornithology ETG Meeting

5

6th

July 2015 EATL, Natural England Marine Mammal ETG Meeting 4

6th

July 2015 EATL, Natural England, RSPB and SCC Offshore Ornithology ETG Meeting


Meeting date Attendees Topic

6

4th

August EATL, Natural England, the MMO and

the Planning Inspectorate


plan progress and chapter review

21st

October EATL, Natural England, the MMO and

the Planning Inspectorate


plan progress


283. A document which sets out the aims, working arrangements and principles of the

assessment for the Evidence Plan was finalised with the Joint Nature Conservation

Committee (JNCC)3, Natural England, Cefas the MMO, the MIEU and EATL in

September 2013. This document displayed in Appendix 37.

10.2.1.1 Initial round of ETG Meetings

284. The first phase of ETG meetings for each of the groups presented in Diagram 10.1

were held in September 2013 (with the exception of onshore ecology which was held

in December). Prior to these meetings a background paper was sent to all attendees

outlining the following:

A summary of the proposed development;

Data available for the baseline;

Any surveys that have been undertaken or will be undertaken to support the

baseline and assessment;

Outline the impacts that EATL propose to assess in the EIA;

Any impacts that are to be scoped out of the assessment; and

An approach to how each impact will be assessed

285. These papers are presented in the East Anglia THREE ES chapter Appendices listed in

paragraph 281 above.

286. Following each meeting minutes, which included a table outlining everything that

had been agreed during the meetings (agreement log), were circulated to all

attendees for final sign off. The Agreement logs are available in the ES chapter

Appendices listed above in paragraph 281.

3 Note that due to a change of remit JNCC withdrew from this process in Summer 2013.


287. On the basis of the first round of meetings, it was decided that other than a few

technical points (which could be agreed via email) the only topics which would need

extensive further discussion would be Ornithology and Marine Mammals.

10.2.1.2 ETG meetings – Ornithology and Marine Mammals

288. The second phase of ETG meetings involved topic areas which required agreement

on a greater number of Issues. Marine Mammals and Ornithology ETGs several

times to discuss:

Evidence base

Assessment methodology

Appropriate baselines and reference populations

Cumulative impact assessment

Habitats Regulations Assessment (HRA) (including the high level screening for

these topics)

289. Prior to the these meetings further background papers were sent to all attendees

outlining exactly which species would be included in the assessment and the

proposed approach to cumulative impact assessment. These papers are provided in

ES chapter Appendices listed above in paragraph 281. The agreement log from these

meetings is also presented in these Appendices.

10.2.1.3 ETG meetings - PEIR

290. During this phase of the Evidence plan EATL convened topic groups on 2nd and 3rd

2014 to discuss the findings of the impact assessment covering the following topics:

Physical Processes;

Benthic Ecology;

Fish and Shellfish Ecology;

Marine Mammals; and

Ornithology.

291. Due to the relative complexity of the issues around the topics, ornithology

discussions were held on one day and all other marine topics the next. Onshore

ecology was not discussed. The primary basis of the two days was a discussion

based around Natural England’s draft response to the PEIR. The intention of the two


workshops was to discuss as many issues as possible prior to stakeholders submitting

responses to the PEIR, this meant that clarifications could be separated out from real

disagreements and this would expedite resolution of outstanding issues. These

discussions covered both the EIA and the HRA screening, an initial high level report

on which was included in the PEIR documentation.

292. With regard to ornithology, Natural England’s issues were addressed point by point,

the result being that some questions were resolved on the day (and were not taken

forward in their PEIR response). RSPB had not provided a draft response at that

point. The discussions from this workshop helped to refine the stakeholders’ PEIR

responses.

293. With regard to other topics, the basis for discussions at the next workshop was again

the draft PEIR response from Natural England. Discussions covered all four marine

topics and again the workshop helped to refine the stakeholders’ PEIR responses.

10.2.1.4 ETG meetings – 2015

294. Further evidence plan meetings were held in 2015. As most issues with other topics

had been resolved these meetings covered just marine mammals and ornithology.

The key topics covered were:

Updates required to assessment based upon changes in the project design or

recent conclusions from other NSIP examinations;

Cumulative impact assessment methodology;

HRA screening (full screening for the two topics); and

The approach to the full HRA assessment.

10.3 Draft ES chapter review

295. During July and August 2015 draft ES chapters were provided to Natural England and

the MMO for review, although the reviews were not officially completed under the

Evidence Plan, they were done to coincide with the Evidence Plan steering group

meeting on the 4th of August (Table 10.1). Further information on this draft chapter

review process is provided in section 9.7 above.

10.4 Final Pre-application Steering group meeting

296. A final pre-application Evidence Plan Steering group meeting was held on 21st

October 2015. The meeting was attended by EATL, Natural England, the MMO and

the Planning Inspectorate. At the meeting the following topics were discussed:


Summary of the application and examination process;

Outstanding issues likely to come up in the examination (harbour porpoise

draft Special Areas of Conservation, annual potential mortality rates of birds)

Agreement of the EP process to date, i.e. agreement logs

Future engagement

10.5 Conclusion

297. To take account of fundamental environmental issues and to inform survey

strategies and constraints to the project, EATL undertook significant consultation

with a number of SNCBs. This consultation has had a significant effect on the design

and development of the proposed East Anglia THREE project.


11 SECTION 42 CONSULTATION

11.1 Summary

298. EATL has undertaken Section 42 consultation concurrently with Section 47 and 48

consultation (see Chapters 6 and 7 respectively) as follows:

Phase II(a) - Consultation on the PEIR;

Phase II(b) - Consultation on access routes to the onshore cable route; and

Phase III - Consultation on construction phasing.

299. Each phase of consultation was notified to the Section 42 consultees and a minimum

of 28 days provided for responses. Further information on how this was conducted

can be found in Chapters 6 and 7 and associated Appendices 22 to 33.

300. All responses to Section 42 Consultation are provided in Appendices 38, 39 and 40.

Note that these appendices contain all comments made by each consultee and

outline where and/or how the responses have been addressed.

11.2 Section 42 Consultation Requirements

301. Under Section 42, developers are required to consult with local authorities within

Section 43 of the Act, the MMO, and those persons prescribed in the APFP

Regulations, known as Schedule 1 consultees. Section 42 also includes landowners

and those with an interest in the land that fall within categories set out in Section 44.

11.3 Identification of Section 42 Consultees

11.3.1 Schedule 1 of the APFP Regulations

302. Schedule 1 of the APFP Regulations contains a list of prescribed organisation to be

consulted. Planning Inspectorate Advice Note 14 on compiling consultation reports

stipulates that if the prescribed list differs from that detailed in Schedule 1 in the

APFP Regulations then this should be robustly justified.

303. Appendix 29 presents the consultees from the APFP Regulations Schedule 1

prescribed list that were consulted by EATL and Table 11.1 below presents those

consultees on the prescribed list in the APFP Regulations which did not participate in

the East Anglia THREE consultation. The table provides justification for why these

were not consulted.


Table 11.1 Schedule 1 consultees from the APFP Regulations not consulted by EATL

Organisation Justification

The Welsh Ministers The proposed development does not affect land in Wales

Royal Commission on Ancient and

Historical Monuments of Wales

The proposed development does not affect land in Wales

The Commission for Rural

Communities

This Commission was abolished in 2013

The Countryside Council for

Wales

The proposed development does not affect land in Wales and

the JNCC represent the Countryside Council for Wales, now

Natural Resource Wales.

The Historic Buildings and

Monuments Commission for

England

This is now part of English Heritage/ Historic England who

have been consulted.

The relevant Northern Ireland

Department

The proposed development does not affect land in Northern

Ireland

The Scottish Environment

Protection Agency

The proposed development does not affect land in Scotland

The Scottish Executive The proposed development does not affect land in Scotland

The Scottish Fisheries Protection

Agency

This organisation no longer exists and is incorporated into

Marine Scotland who were consulted

The Scottish Human Rights

Commission


The Water Industry Commission

of Scotland


Transport for London The proposed development does not affect land in London

The Natural Resources Body for

Wales

The proposed development does not affect land in Wales.

304. It should be noted that on the 1st April 2015, English Heritage separated into the

English Heritage Trust, responsible for the upkeep of listed buildings etc., and

Historic England, responsible for policy. Following this change EATL continued to

consult with Historic England.

11.3.2 Local Authorities

305. Local Authorities were identified for consultation during the East Anglia THREE

Scoping process (see Section 8.2). The starting point for this identification was

through use of existing relationships established through the development of the

East Anglia ONE project. Both Suffolk County Council and Norfolk County Council

were asked at Scoping stage to identify any additional Local Authorities which should

be included in Section 42 consultation. Through this process, the Local Authorities

presented in Table 11.2 were identified.

306. Section 43 of the Act categorises local authorities as:


a. A local planning authority will be a host or neighbouring authority for the

purposes of the Act if it falls within one of the following:

i. A local authority (“B”) is either a unitary council or a district council in

which the development is situated (a host authority)

A local authority (“A”) is a neighbouring local authority that shares a boundary with a

unitary council or lower-tier district council within whose area the

development (proposed NSIP and any associated development) is situated,

a B.

ii. A local authority (“D”) which is not a district council and where the

land is in the area of a county council (“C”) and any part of the

boundary of D’s area is also part of the boundary of C’s area.

307. Table 11.2 follows these categories

Table 11.2 Local Authorities identified for Section 42 consultation

Local Authority Category Justification

B Babergh District Council,

Suffolk Coastal District Council

Mid Suffolk District Council

Waveney District Council

South Cambridgeshire District Council

East Cambridgeshire District Council

Tendring District Council

Braintree District Council

South Norfolk District Council

Breckland District Council

A Ipswich Borough Council,

Colchester Borough Council

Great Yarmouth Borough Council

King's Lynn and West Norfolk Borough Council

C Suffolk County Council

Essex County Council*

Norfolk County Council*

Cambridgeshire County Council

D Kirton & Falkenham Parish Council

Tuddenham St. Martin Parish Council

Swilland and Witnesham Parish Council

Grundisburgh & Culpho Parish Council

Martlesham Parish Council

Ramsholt Parish Council

Bawdsey Parish Council


Local Authority Category Justification

Alderton Parish Council

Westerfield Parish Council

Hemley Parish Council

Newbourne Parish Council

Waldringfield Parish Council

Playford Parish Council

Little Bealings Parish Council

Great Bealings Parish Council

Woodbridge Town Council

Akenham Parish Meeting

Bramford Parish Council

Little Blakenham Parish Council

Claydon and Whitton Parish Council

Burstall Parish Council

Hintlesham and Chattisham Parish Council

Copdock and Washbrook Parish Council

Sproughton Parish Council

Flowton Parish Meeting

* During the consultation process these authorities contacted EATL to request that they are

not consulted regarding the proposed East Anglia THREE project

11.3.3 Persons with an Interest in the Land under Section 44

308. The East Anglia THREE onshore cable route follows the same cable route as that

consented for the East Anglia ONE project, however, additional accesses are

required for East Anglia THREE.

309. Land agreements sought on behalf of the East Anglia ONE project incorporate rights

for the East Anglia THREE works, so the majority of landowners affected were

contacted extensively throughout this process, and have been since 2011.

310. Following a review of landowner information, three additional landowners were

identified as being affected by EATL that had not been affected by East Anglia ONE.

The process for identifying landowners was as follows:

a. Landowners were initially identified using information gained through the

East Anglia ONE process.

b. This information was then checked against updated Land Registry searches of

the areas in question.

c. The majority of the landowners affected by the East Anglia ONE project have

appointed land agents to coordinate negotiated agreements. These land

agents were contacted to ensure the information available was accurate.


d. New landowners, and those not represented by a land agent, were contacted

directly by the East Anglia THREE project.

e. On 23 October 2015, EAOW issued a non-statutory request for information

(RFIs) under cover of a letter sent to all landowners identified as directly

affected by the East Anglia THREE onshore cable corridor. The RFIs asked for

details of person(s) or organisations with an interest in land or property

within the cable corridor, and for further details of these parties. A copy of

the RFI was sent to landowners solicitors (where known) on 25th October

2015.

11.3.4 Additional Parties with Land Interests

311. In the process of ongoing diligent inquiry leading up to the application, as is almost

inevitable with projects of this scale, the Applicant has identified a small number of

additional parties not included in the Section 42 consultation or the final circulation

of consultation documents. These parties are believed by EATL to have an interest

under Section 44, but were discovered too late in the process to be consulted at an

earlier stage, either because of changes to ownership of land interests since

preparation for the Section 42 consultation completed, or as a result of EATL’s

ongoing diligent enquiry into the land.

312. EATL will be writing to any such parties on an individual basis as soon as possible and

will provide them access to the consultation materials in the usual way. EATL

intends to refresh the searches and enquiries at Land Registry and Companies House

at intervals through the process of examination to make sure all affected parties are

informed during that process and form part of the Book of Reference. All of the

information that has been gained by diligent inquiry and which is relevant has been

provided in the Book of Reference.

11.4 Phases of Section 42 Consultation

313. The East Anglia THREE section 42 Consultation was undertaken in three main phases

as follows:

Phase IIa – Consultation on the PEIR – Section 42, Section 47 and Section 48.

Phase IIb – Consultation with a limited number of Section 42 consultees on

amendments to accesses routes to the cable corridor. This followed the

access routes proposed during the PEIR (Section 42 Phase IIa) Consultation.

Phase III – Consultation on construction of the project in a Single or Two

Phased approach – Section 42, Section 47 and Section 48.


314. Each Phase was extensively advertised; further information on how this was

conducted can be found in Chapters 6 and 7 and associated appendices.

11.5 Phase IIa - Consultation on the PEIR

11.5.1 Informing Statutory Consultees of the Publication of the PEIR

315. The PEIR report was sent to consultees on 23rd May 2014. The deadline for

responses was 8th July 2014, which allowed a minimum of 28 days as per Section 45

of the Act.

316. In order to ensure that all the relevant organisations had enough time to prepare

resource to review the PEIR a letter was sent on 8th May 2014, to give advance

notification of the consultation and to enquire as to which format (DVD or hard

copy), the consultee would like to receive the PIER. An example of the letter which

was sent either by email or by post to the relevant organisations is provided in

Appendix 41.

317. An example of the letter that accompanied the distribution of the PEIR is provided in

Appendix 42. Bespoke letters were sent to the different consultee groups however

the letter provided in Appendix 42 was sent to the majority of consultees, mostly

those who were not landowners.

318. All Parish Councils directly affected by the project were informed about the PEIR

PIDs and were invited to a separate meeting to be held on the morning of 16th June

2014 in conjunction with the PIDs. A copy of the invitation to this meeting is

included in Appendix 43.

319. The event was specifically for councillors representing wards affected by the onshore

works of the proposed East Anglia THREE project and formed part of the Section 42

consultation on the findings of the PEIR.

320. On 17th June 2014 the project team visited Suffolk County Council and Parish

Councillors were also invited to attend this event (see Appendix 43). The public

information boards used for the Phase IIa PIDs were on display during that morning

and the project team were on hand to answer any questions from councillors or

council staff.

11.5.2 Issuing the PEIR

321. The official Section 42 consultation period for the PEIR ran from 27th May till the 8th

July 2014. The PEIR was issued to over 350 organisations or individuals a list of

which are displayed in Appendix 29.


322. The covering letter to Section 44 consultees provided in Appendix 44 was sent to all

who had land interests (i.e. landowners, third party interests, leases/tenants,

mortgagees). The covering letter to the other Section 42 consultees groups is

provided in Appendix 30 to 33.

323. At the same time as the PEIR was being issued to consultees the report was also sent

to the Planning inspectorate in accordance with Section 46. A copy of the letter

which accompanied the report is provided in Appendix 45.

324. In accordance with Regulation 11 of the EIA Regulations, a copy of the Section 48

Notice was sent at the same time to Section 42 consultees.

325. As the PEIR was also available on the project website4, some consultees choose to

access the report via this method rather than receiving a DVD or hard copy.


326. The Section 42 consultation ran at the same time as the Phase IIa Section 47

consultation. Therefore materials for the latter were made available to the Section

42 consultees, as well as the PEIR. Various different materials were used at the

Phase IIa PIDs, both to convey information to visitors and to encourage feedback.

These included: information boards, a hard copy of the complete PEIR, copies of the

PEIR on CD available free of charge and feedback questionnaires. All of the above

were also available to download from the East Anglia THREE project website. The

feedback form and display boards are provided in Appendix 23.

11.5.4 Implications of EA ONE consent

327. During the Section 42 consultation period for the PEIR consent was granted for the

East Anglia ONE project. A number of consultees corresponded with EATL to

ascertain what the impact of this consent may be for East Anglia THREE. On this

subject communication was had with:

English Heritage (now Historic England);


Suffolk Coastal District Council; and

Mid Suffolk District Council.

4 http://eastangliathree.eastangliawind.com/downloads.aspx

http://eastangliathree.eastangliawind.com/downloads.aspx


11.5.5 Summaries of Responses to the PEIR and Subsequent Consultation on Key issues

328. 65 individuals or representatives from various organisations provided a response to

the Section 42 Phase IIa consultation. A list of all respondees to all Phases of Section

42 consultation is provided in Appendix 46. Responses detailed responses to Phase

IIa consultation are provided in Appendix 38. Furthermore, the majority of the

responses to the PEIR were captured in the relevant technical chapters (7-29) of the

East Anglia THREE ES, Volume 1. Within Section 2 of each ES chapter all points of

each response are listed and detail is provided on where the comment has been

addressed within the ES or other submission documents. In addition individual

letters were sent out to reply in detail to all respondees during August to October

2015, an example of this reply letter is provided in Appendix 47.

11.5.5.1 Specialist Consultation

329. In addition to the general invitation to comment on the PEIR which was extended to

all consultees and widely advertised to the general public EATL held additional

consultation with specialists as part of and resulting from the Section 42

consultation. The main points raised during these more specialist elements of PEIR

consultation are provided below.

11.5.5.1.1 Fish and Shellfish Ecology and Commercial Fisheries

11.5.5.1.1.1 Cefas

330. Following the publication of the PEIR, EATL and its consultants met with CEFAS to

discuss the findings of the report and data that may become available before DCO

submission. The minutes of this meeting are available in Appendix 49.

11.5.5.1.2 Chapter 15 Shipping and Navigation

331. Letters were sent to all companies whose vessels had passed more than once

through the East Anglia THREE site (or a potential future project to the north of the

East Anglia THREE site) during the AIS traffic survey periods (see Appendix 15.1 in

East Anglia THREE Environmental Statement, Volume 3). These letters explained the

proposed developments and where further information could be obtained about the

project. An example of this letter is presented in Appendix 34.

332. The only response East Anglia THREE received to these letters came from Hansons

Aggregates who simply stated that they were active in the area of the East Anglia

THREE project and therefore requested continued involvement in the consultation.

11.5.5.1.2.1 Eastern Inshore Fisheries and Conservation Authority (EIFCA)

333. After providing the PEIR to the EIFCA, EATL offered to meet with the EIFCA to discuss

the findings of the PEIR. The EIFCA felt that because they were members of the East


Anglia Commercial Fisheries Working Groups there was no requirement for a specific

meeting to discuss the PEIR.

11.5.5.1.2.2 Rijkswaterstaat

334. Following the publication of the PEIR, EATL offered to meet with the Ministry of

Transport and the Environment of Rijkswaterstaat to discuss the findings of the PEIR.

On 3rd December 2014 EATL met with Rijkswaterstaat in Schiphol Airport. The

meeting was used to provide an update to Rijkswaterstaat on the East Anglia THREE

project and to discuss ecology and shipping and navigation, timing and future

development, and reaction from EATL on how the PEIR responses from the Ministry

are being resolved.

335. At the meeting it was highlighted that in Dutch waters lower sound exposure limits

(SELs) are used to assess the potential impacts of noise on harbour porpoise than are

used in the UK. EATL explained that because the project is being built in UK waters it

will be acceptable to use the UK SELs that have been defined by the JNCC.

336. During the meeting the distance between the deep water shipping routes and the

boundaries of the East Anglia THREE site (2nm to the East and 1nm to the west) were

agreed as being appropriate. Rijkswaterstaat did however have concerns about the

safety of shipping to the south of the East Anglia THREE site. EATL agreed to discuss

with UK Stakeholders what measures could be taken to protect shipping that may

occur on the southern boundary of the windfarm. This was subsequently addressed

through discussion with relevant UK Stakeholders.

337. During a call on 26th October 2015 EATL provided Rijkswaterstaat with a project

update. Key matters raised previously by Rijkswaterstaat were discussed i.e.

shipping and navigation and marine mammal concerns, following these discussions

Rijkswaterstaat highlighted that as it stands they have no objections to the project

going ahead. There was a commitment from both sides to work together post

submission to consider the marine mammal report released by the Dutch in autumn

2016 to understand if and how this should be incorporated into the EATL marine

mammal assessment.

11.5.5.1.3 Chapter 16 Aviation and MoD

11.5.5.1.3.1 MoD

338. Chapter 16, Aviation and MoD, of the PEIR was sent to the Senior Safeguarding

Office and the Radar Modeller on 27th May 2014 as part of the Section 42

consultation. The accompanying email requested that the MoD:

Review the PEIR materials (which were attached to the email);


Model the worst case “test” scenarios (which were supplied in a subsequent

email on 3rd June 2014);

Meet with EATL to discuss MoD response to EATLs work to date and the

results of the test scenario modelling to agree a way forward so as to enable

the MoD not to need to object to East Anglia THREE when it is put formally

into planning; and

Agree the limits within which mitigation may be required – and turbine

heights for which mitigation will not be required, etc.

339. Potential worst case scenario layouts (both plans and shapefiles) were sent to the

MoD to allow them to model the effects on radar as an attachment to an email on

12th June 2014.

340. EATL arranged a meeting with the MoD to discuss the findings of the PEIR on 20th

August 2014. During the proposed methods for modelling the effect of the turbines

on radar were discussed and agreed. The MoD had specific concerns regarding the

radar at RAF Trimingham and requested that further modelling scenarios be run to

provide confidence that the proposed East Anglia THREE project would not impact

upon this installation. Further modelling was completed and results are included in

the DCO application.

11.5.5.1.3.2 NATS

341. Following the provision of the PEIR to the National Air Traffic Services (NATS) an

email was sent by EATL to confirm what was required from its review and an offer to

meet if required. NATS responded by informing EATL that it will only commit to an

objection or no objection stance at application stage which has not allowed EATL to

design the windfarm to avoid or minimise impacts. It also indicated that it would not

review the PEI Chapter in detail. It would however do its own modelling as part of

Technical and Operational Advice (TOPA) but that this would be at the outline of the

site – e.g. to determine line of site at the boundary, not to give an accurate radar

detection across the EA3 site.

11.5.5.1.3.3 NERL

342. NERL was also contacted directly with questions regarding how the East Anglia

THREE windfarm may interfere with its Radar. The response was that having carried

out an analysis of the proposed East Anglia Three project envelope NERL did not

envisage any radar objection to the development as proposed.


11.5.5.1.3.4 Operators of Helicopters and Related Infrastructure

343. An email was sent to helicopter operators including: the aviation environment

federation, Rainair (Beccles), bond offshore helicopters, Bristow group and CHC

helicopters on 12th June 2014 to remind them of the phase IIa consultation and

request their comments. None of these organisations responded formally to Section

42 consultation.

11.5.5.1.3.5 NATMAC

344. The National Air Traffic Management and Advisory Committee (NATMAC) is an

advisory body sponsored by the Director of Airspace Policy. The committee is set up

to be consulted for advice and views on any major matter concerned with airspace

management. NATMAC has a membership drawn from the whole spectrum of the

UK aviation community making it an ideal for PEIR consultation. An email was sent

by EATL on the 12th July 2014 to those members of NATMAC listed in Appendix 50. A

response to this email was received from the UK Flight Safety Committee (the only

NATMAC member to formally respond to the S42 consultation) informing EATL that

wind turbines in the closest points of the site would be visible by the Trimingham

and Cromer radars. This has led to modelling work being conducted to define

exactly what height of turbine would be visible in what part of the East Anglia THREE

site. The MoDs response to this email is provided in section 9.4.7 which also relates

to visibility of the turbines by radar.

11.5.5.1.3.6 Luchtverkeersleiding Nederland

345. Luchtverkeersleiding Nederland (Air Traffic Control the Netherlands) was contacted

on 9th June 2014 with a request that it review the information provided in the PEIR

and provide comment. The reply from Luchtverkeersleiding Nederland provided on

16th June 2014 clearly demonstrated that its opinion had not changed from that

provided during the ZEA consultation which was that it “do[es] not expect radar

issues with the wind turbines planned in the East Anglia Offshore Wind zone”.

11.5.5.1.4 Chapter 18 Infrastructure and Other users

11.5.5.1.4.1 OSPAR

346. Following the publication of the PEIR, consultation was had with OSPAR in relation to

data used within the report that shows a munition dumpsite within the East Anglia

THREE offshore windfarm. A request was sent to OSPAR for further information on

the site. The response was that the site was likely to contain conventional

munitions, which includes, but is not limited to, bombs, grenades, torpedoes and

mines which were jettisoned by vessels following World War I and World War II. No

further information was provided.


11.5.5.1.4.2 Verizon – Subsea Cable Operator

347. Following production of the PEIR Verizon requested a meeting with all cable

operators which would be affected by the East Anglia THREE project. EATL agreed to

arrange this meeting however cable operators were unavailable to attend a joint

meeting due to resourcing and workload. EATL organised individual meetings with

cable operators and joined the subsea cables industry group Subsea Cables UK to

discuss the project and plans, and timescales for agreeing cable crossings

agreements. It was decided that the most appropriate time for detailed discussion

would be once detailed cable laying plans were being developed and this would

occur at the post consent stage of the project. At that time greater detail would be

provided by EATL to cable operators on the location and nature of any proposed

cable crossings and cable crossing agreements could be made. EATL committed to

informing cable operators of updates to the project and maintaining an open door

policy to requests for meetings and face to face updates.

11.6 Phase IIb – Consultation on the Cable Route Accesses

348. The PEIR contained information on the proposed (at the time of writing) routes by

which vehicles and plant would access the onshore cable route (termed Accesses in

the PEIR). The proposed accesses typically made use of exiting lanes or tracks where

possible, although some would have required temporary road construction.

Following Phase IIa of Section 42 consultation on the PEIR, a review of the onshore

access points was undertaken by EATL in response to concerns raised during Phase

IIa (see section 11.5.5). The review considered a number of factors including:

Consultee responses received during the PEIR consultation period (27th May -

8th July);

Feedback (including face-to-face conversations) from the PEIR PIDs (see

section 6.4.2);

EAOW’s decision to commit to installing ducts for further projects, during

construction of East Anglia ONE; and

Findings of a site visit in June 2014.

349. Feedback from local stakeholders provided useful information on the suitability of

those accesses contained in the PEIR and was influential in defining new and

alternative access points. The decision of EAOW to commit to installing ducts for

future projects during East Anglia ONE construction would reduce the requirement

for haul road along the entire length of the cable route during East Anglia THREE


construction. Therefore some of the accesses that were proposed in the PEIR were

no longer required.

350. Following a survey of the entire cable route and all access points in June 2014 a long

list of 59 potential accesses was produced. Following the identification of these 59

potential accesses a second round of consultation was completed. This round of

consultation was termed Section 42 Phase IIb consultation and involved only

consultees with an interest in the onshore cable route. 155 companies or individuals

received a Section 42 Phase IIb consultation pack and the list of these is provided in

Appendix 29. Depending on the consultee and whether they had been consulted

previously the contents of the consultation pack included the following:

Letters which were sent to each type of Phase IIb consultee including:

o All Parish councils affected by the project (Appendix 51)

o All Section 44 consultees previously consulted (i.e. landowners, third party

interests, leases/tenants, mortgagees)(Appendix 52)

o New Section 44 consultees who previously had not been consulted (Appendix

53)

o New statutory consultees (Appendix 54)

o Previously consulted statutory consultees (Appendix 55); and

o Transboundary consultees (Appendix 56).

The updated set of maps that were issued to all Phase IIb consultees

(Appendix 57).

351. The consultation period ran from 29th July 2014 to 9th September 2014.

11.6.1 Summaries of Responses and Subsequent Consultation on Key issues

352. 21 individuals or representatives from various organisations provided a response to

the Section 42 Phase IIb consultation. All responses to Phase IIb consultation are

provided in Appendix 39. Furthermore, these are captured in the relevant technical

chapters (7-29) of the East Anglia THREE ES. Within Section 2 of each chapter all

points of each response are listed and detail is provided on where the comment has

been addressed within the ES.

353. Of the 21 responses received the majority provided information about the suitability

of some of the accesses which had been proposed. Consultees considered some

proposed accesses to be unsuitable for the following reasons:


Used by school children traveling to and from school;

Perceived dangerous accesses that adjoin roads where traffic travels at high

speeds;

Concerns over noise and visual disturbance to local residence; and

Concerns that accesses which may cause traffic disruption and delays.

354. Based on these responses EATL refined its onshore red line boundary to remove

many of these accesses. Further information on this process can be found in Chapter

4 site selection and alternative of the East Anglia THREE ES.

11.7 Phase III – Consultation on Phasing

355. Following the first round of awards under the Contracts for Difference (CfD) in 2015

it became apparent that, due to the way the funding was distributed it may be the

case that the most economically effective way of building offshore windfarms might

be to do so in units of approximately 600MW. Therefore it was decided by EATL that

the application for consent of the proposed East Anglia THREE project should

maintain an option to build the up to 1200MW project potentially in two phases.

356. EATL considered this to be a significant enough change to the project that had been

presented in the PEIR to undertake a further phase of consultation (Phase III). This

consultation period was undertaken from 19th June Until 23rd July 2015 and

comprised the production of a Phase III Report (Consultation) (EATL 2015) which

provided an update on the predicted impacts of the following changes to the project

description assessed within the PEIR which included the following:

The removal of Scenario 2 (trenching of the onshore cables, rather than

pulling through pre-laid ducting (Scenario 1));

A Single Phased and Two Phased approach to construction of the windfarm;

and

Other project description updates and where further detail was now

available on project design.

11.7.1 Removal of Scenario Two (trenching)

357. As the East Anglia ONE project was not consented at the time of the PEIR

publication, it was not known if the East Anglia ONE project would obtain permission

to install ducts for future projects. Therefore the East Anglia THREE PEIR assessed

two scenarios – Scenario 1 where ducts were pre-installed by East Anglia ONE and


Scenario 2 where no ducts were present and East Anglia THREE had to install cables

via open-trenching. With the successful consent of the East Anglia ONE project,

Scenario 2 no longer needed to be considered and was removed from the project

description. Consequently East Anglia THREE cable route will utilise ducts which will

be installed as part of the East Anglia ONE project.

358. As a result of removing Scenario 2 there are no Horizontal Directional Drilling

construction proposed as part of the East Anglia THREE project, and open trenching

would be limited to the area around the substation at Bramford. This limits the

amount of construction work necessary for the proposed East Anglia THREE project.

This change was also outlined in the Update to SoCC (Appendix 6).

11.7.2 Phasing

359. As part of the Phase III consultation EATL provided information on two construction

phasing options, a Single Phase or Two Phased approach. This means that although

the overall capacity of the proposed East Anglia THREE project remains the same (i.e.

up to 1200MW), EATL can construct the project as either a single build of 1200MW

or in a phased way i.e. in two discrete 600MW blocks. This approach ensures that

EATL is able to accommodate any changes in the shape of the Regulatory Support

Framework in years to come, if the Framework for example would not support the

development of the full capacity in one period.

11.7.3 Other project updates

360. The Phase III Report (Consultation) (EATL 2015) also included information on where

updates had been made to the project design, this mainly consisted of areas where

more information was available and the design had been refined since the PEIR. No

comments received during Phase III consultation directly related to these updates.

11.7.4 Informing Consultees of the Phase III Consultation

361. A full list of the consultees contacted as part of Phase III of consultation is provided

in Appendix 29 and detail of what the consultation pack included is provided below.

To satisfy the requirements of Section 48 of the Act notices were place in national

and local publications and a were positioned along the onshore cable route, full

details are provided in section 7 of this report. Furthermore an email was sent from

the project email account to all consultees who had registered with the project

website. This email was also sent to 11 residents of the town of Burstall as they had

requested it and did not want to register on the project website. The email not only

provided detail of the Phase III consultation but also provided timings and locations

for the PIDs (more information on the PIDs provided in section 6.6.2). A copy of the

email is provided in Appendix 58.


11.7.4.1 Section 42 Consultees

362. In order to ensure that Natural England would be able to allocate resources to

review and comment upon the Phase III report it was informed of the imminent

arrival of the report by email on 7th May 2015.

363. Consultees were then provided with a consultation pack on the following dates:

Statutory consultees – by letter on 12th June 2015

Parish Councils – by letter on 12th June 2015

Transboundary consultees - by letter on 12th June 2015

Local fishermen - by letter on 12th June 2015

364. As part of this consultation pack, consultees received a letter informing them of the

consultation process, the documents associated with this phase of consultation and

the timescales for the consultation period. Letters were sent to the following

consultees:

Section 42 Letter to statutory consultees – Phase III (Appendix 30).

Section 42 Letter to Parish Councils – Phase III (Appendix 31).

Section 42 Letter to Transboundary consultees – Phase III (Appendix 32).

Section 42 Letter to Fishermen – Phase III (Appendix 33)

365. The letter was accompanied by the following documents:

Phase III Report (Appendix 59);

Section 48 notice (Appendix 15); and

Update to the SoCC – Parish Councils and PINS only (Appendix 6 ).

366. Overall 852 consultees were sent a consultation pack. The consultation period ran

from 19th June 2015 until 23rd July 2015.

367. Statutory consultees were subsequently contacted during 23rd June to 27th July 2015

(by email if an address was held or by phone alternatively) to confirm their receipt of

the consultation material.

368. If a consultee had not received a pack, or could not confirm that they had received a

consultation pack then either an electronic consultation pack was sent by email or a


second hard copy was distributed. Of the 127 statutory consultees, 5 confirmed,

when contacted, that they had not received the original consultation pack and a

digital version of the pack was then emailed to these consultees. These consultees

were:

Cambridgeshire County Council;

Tendring District Council;

Suffolk Constabulary;

Equality and Human Rights Commission; and

The Disabled Persons Transport Advisory Committee

369. Despite numerous attempts to contact the following consultees, no response was

provided to confirm if they had received the report:

Ipswich Hospital NHS Trust

East of England Ambulance Headquarters

British Gas Pipelines

Centrica

EDF Energy

Energetics Gas Limited

Energetics Electricity Limited

EOn Energy

SSE Pipelines Limited

SSE Southern Electric

Utility Grid Installations Limited

UK Power Networks Limited

370. Consultees which were re-sent the Phase III consultation pack (in either hard copy or

electronic format) were informed that they would have an extended deadline for

responding to the consultation. The extension depended on when they confirmed


receipt of the consultation pack but in all cases allowed for a minimum of 28 days

following the day on which they received the pack.

371. The Planning Inspectorate received a different introductory letter as part of Section

46 of the Act (Appendix 60) informing it of the forthcoming consultation under

Section 42 of the Act. Alongside this letter, the Planning Inspectorate received the

Phase III Report, Section 48 notice and the update to the SoCC (Appendix 6).

11.7.4.2 Site Notices

372. At the start of the Phase IIa Section 42 consultation period A3 posters were placed

along the cable route at strategic locations. A copy of the poster is presented in

Appendix 61 along with a map showing the locations at which this poster was

displayed as well as photos of the poster at each location.

373. The site notices were placed on 27th May 2014. A check of the site notices was

completed on 18th June 2014. During the check a number of the Notices were either

missing or damaged. These were repaired or replaced on the 24th June 2014.

374. At the start of the Phase III consultation, site notices were placed at the 58 identified

site locations on 17th June 2015. These comprised laminated A4 posters of the

Section 48 notices (see Appendix 15) and an A3 site notice depicting the site location

and the cable route. This is provided in Appendix 62. A map was then produced

showing each site location and photographs were provided of the notice installed

prior to the opening of consultation on 19th June 2015. An inspection of the site

notices was completed after one week on the 24th June 2015 and during this check it

was found that four notices were in need of repair or replacement. These four

notices were replaced or repaired on the 24th June 2015. Evidence of the site notices

in situ is provided in Appendix 63. Any notices which were identified as being

damaged or missing were re-photographed.

11.7.4.3 Section 44 Consultees

375. Landowners and mortgagees were also provided with the consultation material

under Section 44 of the Act. All consultees identified were sent an introductory

letter and the relevant documentation (as per the pack provided to Section 42

consultees – see section 11.7.4.1). The letter provided can be viewed in Appendix

64. They were also sent the Phase III Report (consultation) (Appendix 59) and the

Section 48 notice (Appendix 15).

376. Following an administrative error, 15 additional section 44 consultees were

identified after the official closure date for the Phase III consultation. The

consultation for these parties was extended from 15th August when they were


provided with the Phase III Report (provided in Appendix 59 and Section 48 notice

(Appendix 58) until 12th September, allowing for a further 28 day consultation

period. No consultation responses were received from these consultees. An

example of the letter which was sent to these newly identified consultees is

provided in Appendix 48.

377. Following this, an additional 3 section 44 consultees were identified. A letter was

sent to these parties extending the consultation from 30th September, when they

were provided with the Phase III Report (provided in Appendix 59 and Section 48

notice (Appendix 58), to 28th October 2015, allowing for a further 28 day

consultation period. No consultation responses were received from these

consultees.

11.7.4.4 Parish Councils

378. On 10th June 2015 an email was sent to all Parish Councils along the cable route (see

section 4.6 for list of Parish Councils). The email informed the recipient of the Phase

III consultation and attached a poster advertising this consultation, together with the

public information days listed. It was requested that this poster should be displayed

at suitable locations throughout each Parish. The email and the poster are provided

in Appendix 21.

11.7.5 Summaries of Responses and Subsequent Consultation on Key issues

379. All responses to Phase III consolation are provided in Appendix 40. The majority of

the responses were fairly generic regarding the project as a whole rather than

relating to the specific changes to the project, these are summarised below:

Little Bealings and Burstall Parish councils reiterated their general objections

to disturbance caused by the project.

Burstall Parish Council suggested that it had not been meaningfully consulted

with in regards to the proposed East Anglia THREE project. EATL responded

by indicating the three statutory consultations undertaken, each including

PIDs in the locality of Burstall.

Suffolk County Council responded to say that it was supportive of ducts being

installed during East Anglia ONE construction and was not concerned with

East Anglia THREE taking a phased approach to construction.

A member of the public, had concerns over access J and the safety of other

users using the path.


380. No landowners responded formally to the Phase III Section 42 consultation, however

this may be due to the fact that landowner consultation has been conducted

separately (see section 9.5).

381. Marine Scotland provided a response to the Phase III consultation in which they

confirmed that they had not comments to make at that stage.

382. In response to the Phase III consultation a number of changes were made to the

Proposed East Anglia THREE project and the application documents these included:

The landscaping strategy is detailed within the OLEMS, this document will be

submitted as part of the application and will be made available for

consultation and comment during the examination phase;

Access J was removed from the proposed East Anglia THREE project.

11.8 Statement of Compliance

383. EATL complied with the relevant legislation as follows:

EATL consulted those bodies listed in Schedule 1 of the Applications

Regulations, local authorities within the definition in Section 43, and all those

with an interest in land to which the application relates as described in

Section 44 of the Act. EATL also consulted other stakeholders EATL deemed

necessary to consult with in regard to the proposed East Anglia THREE

project.

For both Phases, all consultees were informed of the deadline for responses

in a cover letter notifying the commencement of consultation. The letter

stated that the consultation process would run from 27th May 2014 until 8th

July 2014 (Phase IIa); from 29th July until 9th September (Phase IIb); and from

19th June 2015 until 23rd July 2015 (Phase III). In each case a minimum of 28

days was provided.

EATL has had regard to all relevant responses to consultation (Section 49).

EATL provided PINS with a copy of the same documentation that was sent to

the Section 42 consultees during each phase of consultation (Section 46).

EATL also had regard to the DCLG Guidance on the pre-application process

(Section 50).

384. Please see the full Statement of Compliance at Chapter 15 of this report for more

details.


12 CONCLUSION

385. EATL has undertaken pre-application consultation on the proposed East Anglia

THREE project in accordance with the requirements of the Act, secondary legislation

and in line with relevant Government and The Planning Inspectorate advice

(formerly guidance and advice issued by PINS). EATL has consulted the local

community (including the ‘offshore’ community), local authorities, landowners and

those with an interest in the application site, those prescribed by the relevant

Regulations and others whose views EATL considered important.

386. EATL‘s consultation has gone considerably beyond the statutory requirements.

Informal consultation with stakeholders began in 2012, has continued right up until

the date of submission and will continue as the project progresses. Reponses

received beyond the 28 day formal consultation periods were given full

consideration and influenced to the project where appropriate.

387. A key stage in the community consultation process was to define the area where the

consultation would be targeted. This exercise was undertaken as part of the SoCC

consultation with the Local Authorities, including Suffolk County Council, Suffolk

Coastal District Council, Mid-Suffolk District Council, Babergh District Council and the

MMO. Careful consideration was given to identify those living in the vicinity of the

proposed East Anglia THREE project and those that may be affected by the wider

impacts of the development.

388. As reported, a wide range of methods were adopted in order to communicate with

as much of the community as possible in the consultation. EATL has sought to make

consultation materials easy to understand and accessible, and has encouraged

members of the community to participate and make their views known through

feedback forms, at Public Information Days and via the website, emails, phone calls

and written responses.

389. Issues have been raised in all strands of EATL’s consultation and each of these issues

has been carefully considered by EATL. In many cases the issues raised have

influenced the consultation process itself, the EIA and the ES, and/or the other DCO

application documents. These have, in turn, shaped the East Anglia THREE proposal.


13 REFERENCES

East Anglia Offshore Wind Limited (2012a) East Anglia ONE Offshore Windfarm

Consultation report. Available at:

https://royalhaskoningdhv.app.box.com/files/0/f/581178924/1/f_6988657158

East Anglia Offshore Wind Limited (2012b) East Anglia THREE Offshore Windfarm.

Environmental Impact Assessment Scoping Report

EATL (2015) Section 42 Phase III (Consultation) Report available at:

https://eastangliathree.eastangliawind.com/downloads.aspx

Marine and Coastguard Agency (MCA) (2008) MGN 371 (M+F) Offshore Renewable

Energy Installations (OREIs) Guidance on UK Navigational Practice, Safety and

Emergency Response Issues.

The Planning Inspectorate (2012a) Advice note fourteen: Compiling the consultation

report

The Planning Inspectorate (2013) Advice Note Three: EIA Notification and

Consultation


14 ACRONYMS AND GLOSSARY

14.1 Abbreviations

Acronym In Full

EIA Environmental Impact Assessment

PEIR Preliminary Environmental Information Report

SoCC Statement of Community Consultation

DCLG Department for Communities and Local Government

SoS Secretary of State

MCA Marine and Coastguard Agency

RSPB Royal Society for the Protection of Birds

HDD Horizontal Directional Drilling

SCC Suffolk County Council

MMMP Marine Mammals Mitigation Plan

APFP Prescribed Forms and Procedures Regulations 2009

PINS Planning Inspectorate

MoD Ministry of Defence

MSDC Mid Suffolk District Council

SCDC Suffolk Coastal District Council

NAIZ Non-Automatic Initiation Zone

14.2 Glossary of terms

Term Explanation

East Anglia THREE Site This refers to the windfarm site containing wind turbines,

offshore platforms, navigation markings, meteorological mast

and other ancillary structures

Offshore cable corridor This refers to areas in which cables would be installed to

connect the East Anglia THREE windfarm with East Anglia

ONE windfarm or to land


Term Explanation

Landfall site This refers to the area of the coast where the East Anglia

THREE export cable would transition from the marine

environment onto land.

Onshore cable route 37km long and nominal 75m wide corridor within which up to

12 (single core) cables and up to two fibre optic cables would

be installed in ducts to connect the proposed East Anglia

THREE project to the onshore substation.

Onshore substation location The location of the onshore substation for the proposed East

Anglia THREE project at Bramford. The substation compound

would cover a maximum area of 160m by 190m.

Single Phase A single phase (up to 12MW installed in a single construction

period.

Two Phased Two phases of up to 600MW each, with the start date of each

phase of works separated by no more than 18 months.

Export cable corridor The corridor of seabed within which the, up to four, export

cables would be located. This is displayed in (Figure 1.1)

Interconnector cable corridor The corridor of seabed within which the, up to four,

interconnector cables would be located.


15 FINAL STATEMENT OF COMPLIANCE

390. Table 15.1 provides details on how relevant legislation and guidance has been

complied with in relation to consultation. Table 15.2 contains a completed Section

55 Acceptance of Applications Checklist.

Table 15.1 Table showing how legislation and guidance has been complied

Ref Requirement Compliance

Planning Act 2008

Section

42

Duty to consult

The applicant must consult the

following about the proposed

application:

(a) such persons as may be

prescribed;

The Applicant consulted all persons prescribed under the Infrastructure

Planning (Applications: Prescribed Forms and Procedure) Regulations

2009 (see Appendix 29 of the Consultation Report for the full list).

(aa) the Marine Management

Organisation;

The Applicant consulted with the MMO (see Appendix 29 and Appendix 7

of the Consultation Report for the full list).

(b) each local authority that is

within Section 43;

The Applicant consulted with each local authority identified under

Section 43 (see Appendix 29 and section 11 of the Consultation Report

for the full list).

(c) the Greater London

Authority if the land is in

Greater London; and

Not applicable.

(d) each person who is within

one or more of the

categories set out in Section

44.

The Applicant consulted all persons identified under Section 44, being

persons with a relevant interest in land affected by the Project (see the

Book of Reference for the full list).

Section

45

Timetable for consultation

under Section 42

(1) The applicant must, when

consulting a person under

Section 42, notify the

person of the deadline for

the receipt by the

applicant of the person’s

response to the

consultation.

All consultees were informed of the deadlines for responses to the three

phases of Section 42 Consultation in a cover letter notifying the

commencement of consultation (see copy letters at Appendices 30-33,

41, 42,44,47,48 and 51-57 of the Consultation Report). The letters stated

that the consultation process would run as follows:

Phase IIa consultation ran from 23rd

May 2014 until 8th

July 2014.

Phase IIb consultation ran from the 29th

July 2014 until 9th

September

2014

Phase III consultation ran from the 19th

June 2015 until the 23rd

July

2015.

(2) A deadline notified under Phase IIa consultation ran from 23rd

May 2014 until 8th

July 2014



subsection (1) must not be

earlier than the end of the

period of 28 days that

begins with the day after

the day on which the

person receives the

consultation documents.

providing a period of 46 working days for responses.

Phase IIb consultation ran from the 29th

July 2014 July until 9th

September 2014 providing a period of 42 working days for responses

Phase III consultation ran from the 19th

June 2015 until the 23rd

July

2015. providing a period of 34 days for responses

(3) In subsection (2) “the

consultation documents”

means the documents

supplied to the person by

the applicant for the

purpose of consulting the

person.

The consultation documents provided for the Section 42 consultation

were:

1. The PEIR report for Phase IIa consultation which has not been

appended to this report as it contains several large documents but

it is available in full at:

https://eastangliathree.eastangliawind.com/downloads.aspx;

2. The Plans for Phase IIb consultation provided in Appendix 57 of

the Consultation Report

3. The Phase III Report (Consultation) for Phase III consultation which

is provided in Appendix 59 of the Consultation Report

Section

46

Duty to notify Secretary of State

of proposed application

(1) The applicant must supply

the Secretary of State with

such information in

relation to the proposed

application as the

applicant would supply to

the Secretary of State for

the purpose of complying

with section 42 if the

applicant were required by

that section to consult the

Secretary of State about

the proposed application.

The Applicant notified PINS of the proposed application on 19th

May

2014 by way of a formal cover letter and package including the

consultation documents, see Appendix 45 of the Consultation Report.

(2) The applicant must comply

with subsection (1) on or

before commencing

consultation under section

42.

The package was sent to PINS on 19th

May 2014, before the date of

commencement of the formal consultation on 23rd

May 2014.

Section

47

Duty to consult local community

(1) The applicant must prepare

a statement setting out

how the applicant

proposes to consult, about

the proposed application,

The Applicant prepared a draft Statement of Community Consultation

(SoCC) which set out how the Applicant proposed to consult the

community. Further details on the process for preparing the SoCC can be

found in Chapter 4 of the Consultation Report. The SoCC is attached to

the Consultation Report at Appendix 4.

An Update to Statement of Community Consultation was published on



people living in the vicinity

of the land.

11th

June2015. This is attached at Appendix 6 of the Consultation

Report.

(2) Before preparing the

statement, the applicant

must consult each local

authority that is within

section 43(1) about what is

to be in the statement.

The Applicant consulted with Suffolk County Council, Suffolk Coastal

District Council, Babergh District council, Mid Suffolk District Council,

Ipswich Borough council.

Consultation also took place with the Planning Inspectorate and the

MMO,

Further consultation on the updated SoCC took place with the above

authorities, Planning Inspectorate and MMO

(3) The deadline for the receipt

by the applicant of a local

authority’s response to

consultation under

subsection (2) is the end of

the period of 28 days that

begins with the day after

the day on which the local

authority receives the

consultation documents.

Statutory consultation with the relevant local authorities on the SoCC

ran from 9th

August 2013 until 11th

September 2013.

The updated SoCC was the subject of consultation with the authorities

noted in the previous section, the Planning Inspectorate and the MMO

between 4th

May 2015 and 1st

June 2015

(4) In subsection (3) “the

consultation documents”

means the documents

supplied to the local

authority by the applicant

for the purpose of

consulting the local

authority under subsection

(2).

The consultation documents comprised a draft SoCC report to inform

the SoCC and update to SoCC (see Appendices 1, 2 and 3) of the

Consultation Report.)

(5) In preparing the statement,

the applicant must have

regard to any response to

consultation under

subsection (2) that is

received by the applicant

before the deadline

imposed by subsection (3).

The Applicant considered all relevant comments received on the draft

SoCC. For more information on how comments were addressed see

Chapter 4 of the Consultation Report.

(6) Once the applicant has

prepared the statement,

the applicant must—

(a) make the statement

available for

inspection by the

public in a way that

Notice of the SoCC was published in local Newspapers - Ipswich Star,

East Anglian Daily Times, Eastern Daily Press, Fishing News between the

13th

and 17th

September 2013. The SoCC was also made available on the

Applicant's website from 16th

September 2013,. The SoCC was made

available for inspection at the following local libraries: Hadleigh;

Woodbridge; Felixstowe; and Ipswich County. Emails were also sent to

the authorities noted at Chapter 4.6 of the Consultation Report



is reasonably

convenient for

people living in the

vicinity of the land,

(b) publish, in a

newspaper

circulating in the

vicinity of the land,

a notice stating

where and when

the statement can

be inspected, and

(c) publish the

statement in such

manner as may be

prescribed.

informing them of publication of the SoCC.

Notice of the Update to the SoCC was published in the East Anglian Daily

Times, Eastern Daily News and Ipswich Star on 11th

and 18th

June 2015.

The Update to the SoCC was provided to Parish Councils noted in

Chapter 4.6 of the Consultation Report. The SoCC was made available for

inspection at the following local libraries: Hadleigh; Woodbridge;

Lowestoft; Felixstowe; and Ipswich County. The Update to the SoCC was

made available at the PIDS for Phase III Consultation on 22nd

and 23rd

June 2015.

The Update to the SoCC was also made available on the Applicant's

website.

(7) The applicant must carry

out consultation in

accordance with the

proposals set out in the

statement.

The Applicant’s consultation process was carried out in accordance with

the SoCC, as explained in Chapter 4 of the Consultation Report.

Section

48

Duty to publicise

(1) The applicant must

publicise the proposed

application in the

prescribed manner.

The Applicant prepared and published a Section 48 Notice in the manner

prescribed under the Infrastructure Planning (Applications: Prescribed

Forms and Procedure) Regulations 2009 (see below for more detail).

The published notice is provided at Appendix 15 and 24 of the

Consultation Report.

(2) Regulations made for the

purposes of subsection (1)

must, in particular, make

provision for publicity

under subsection (1) to

include a deadline for

receipt by the applicant of

responses to the publicity.

The deadline was included in the Section 48 Notice as:

8 July 2014 for Phase IIa; and

23 July 2015 for Phase III..

Section

49

Duty to take account of

responses to consultation and

publicity

(1) Subsection (2) applies where

the applicant—

(a) has complied with

sections 42, 47 and

48, and

(b) proposes to go ahead

The Applicant has had regard to all relevant responses to consultation

and publicity.



with making an

application for an

order granting

development

consent (whether or

not in the same

terms as the

proposed

application).

(2) The applicant must, when

deciding whether the

application that the

applicant is actually to

make should be in the

same terms as the

proposed application, have

regard to any relevant

responses.

The applicant has had regard to all relevant responses.

(3) In subsection (2) “relevant

response” means—

(a) a response from a person

consulted under section 42

that is received by the

applicant before the deadline

imposed by section 45 in that

person’s case,

(b) a response to consultation

under section 47(7) that is


before any applicable

deadline imposed in

accordance with the

statement prepared under

section 47, or

(c) a response to publicity

under section 48 that is


before the deadline imposed

in accordance with section

48(2) in relation to that

publicity.

Section 42 responses are considered in Chapter 11 of the Consultation

Report.

Section 47 responses are considered in Chapter 6 of the Consultation

Report.

As Section 48 consultation occurred at the same time as Section 47

consultation was ongoing, the Applicant is unable to distinguish

between responses received as a result of publicity under either section.

Section

50

Guidance about pre-application

procedure

(1) Guidance may be issued

about how to comply with

The Applicant has complied with the guidance set out in DCLG Guidance

on pre-application consultation (see below).



the requirements of this

Chapter.

(2) Guidance under this section

may be issued by the

Secretary of State.

(3) The applicant must have

regard to any guidance

under this section.

The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

Reg 3 Prescribed consultees

The persons prescribed for the

purposes of section 42(a) (duty

to consult) are those listed in

column 1 of the table in

Schedule 1 to these Regulations,

who must be consulted in the

circumstances specified in

relation to each such person in

column 2 of that table.

The Applicant consulted all persons prescribed under the Infrastructure

Planning (Applications: Prescribed Forms and Procedure) Regulations

2009 (see Appendix 29 of the Consultation Report for the full list).

Reg 4

(2) The applicant must publish a

notice, which must include

the matters prescribed by

paragraph (3) of this

regulation, of the

proposed application—

(a) for at least two

successive weeks in

one or more local

newspapers

circulating in the

vicinity in which the

proposed

development would

be situated;

(b) once in a national

newspaper;

(c) once in the London

Gazette and, if land

in Scotland is

affected, the

Edinburgh Gazette;

and

(d) where the proposed

The Applicant published the Section 48 Notice as follows:

For Phase IIa

(a) For two successive weeks in the following local newspapers during

the weeks commencing 27th

May 2014 and 3rd

June 2014; and 11th

and 11th

June 2015

East Anglian Daily News

Eastern Daily Press

Ipswich Star

(b) Once in a national newspaper (The Times) on 27th

May 2014

(c) Once in London Gazette on 27th

May 2014

(d) Once in Fishing News on 30th

May 2014

(e) Once in Lloyds List on 27 May 2014

For Phase III

(a) For two successive weeks in the following local newspapers during

the weeks commencing 11th

June 2015 and 18th

June 2015:

East Anglia Daily News

Eastern Daily Press

Ipswich Star

(b) Once in a national newspaper (The Times) on 18th

June 2015



application relates to

offshore

development—

(i) once in Lloyd’s

List; and

(ii) once in an

appropriate

fishing trade

journal.

(c) Once in London Gazette on 18th

June 2015

(d) Once in Fishing News on 12th

and 19th

June 2015

(e) Once in Lloyds List on 18th

June 2015

The copies of the newspaper notices are provided at Appendix 24 of the


(3) The matters which the notice

must include are:

The Section 48 Notice included all of the elements listed under

Regulation 4(3).

(a) the name and address of

the applicant;

Two Section 48 notices were provided by the Applicant; one to

accompany Section 42 Phase IIa and a second to accompany Section 42

Phase III. The name and address of the Applicant were included in both.

(b) a statement that the

applicant intends to make

an application for

development consent to

the Secretary of State;

Both Section 48 Notices state that the developer proposes to apply to

the Secretary of State under section 37 of the Planning Act 2008 (as

amended) for the DCO.

(c) a statement as to whether

the application is EIA

development;

Both Section 48 Notices state that the Project is a development

requiring environmental impact assessment.

(d) a summary of the main

proposals, specifying the

location or route of the

proposed development;

Both Section 48 Notices state the provisions that will be outlined in the

proposed DCO. The Section 48 Notice that accompanied Section 42

Phase III provided an updated to that that accompanied Section 42

Phase IIa and stated that the proposed DCO would, amongst other

things, authorise:

1. Offshore wind turbines and associated foundations (anticipated to be up to 172 wind turbines, each having a rated capacity of between 7 MW and 12 MW, with an installed capacity of up to 1,200 MW;

2. Up to two meteorological masts and foundations; 3. Up to two LiDAR (Light Detection and Ranging) monitoring buoys; 4. Up to four offshore collector stations and up to two offshore

converter station platforms; 5. Up to one offshore platform housing accommodation facilities; 6. Subsea inter-array cables between the wind turbines and converter

station and collector station platforms; 7. Up to four subsea export cables to transmit electricity from the

offshore platforms to shore; 8. Up to four interconnector cables between the East Anglia ONE and

East Anglia THREE Projects; 9. Scour protection around foundations and on interarray and export

cables as required; 10. Landfall at Bawdsey with onshore transition pits to join the offshore

and onshore cables; 11. Up to four onshore underground cables pulled through existing



ducting to be laid by East Anglia ONE, running for approximately 37km from landfall to the connection point at Bramford, Suffolk, with jointing pits, to transmit electricity to a new onshore transformer substation;

12. An onshore transformer substation at Bramford, Suffolk, to connect the offshore windfarm to the National Grid;

13. The permanent and/or temporary compulsory acquisition if required) of land and/or rights for the proposed Project;

14. Overriding of easements and other rights over or affecting land for the proposed Project;

15. The application and/or disapplication of legislation relevant to the proposed Project including inter alia legislation relating to compulsory purchase; and

16. Such ancillary, incidental and consequential provisions, permits or consents as are necessary and/or convenient..

(e) a statement that the

documents, plans and

maps showing the nature

and location of the

proposed development

are available for

inspection free of charge

at the places (including at

least one address in the

vicinity of the proposed

development) and times

set out in the notice;

The Section 48 Notice that accompanied Section 42 Phase IIa states that

copies of the details of the proposals, environmental reports, plans,

maps and other documents may be inspected free of charge from 27th

May 2014 until at least 8th

July 2014 at the following locations and times:

Ipswich County Library

Lowestoft Library

Woodbridge Library

Hadleigh Library

Felixstowe Library

Mon 9am – 6pm

9am – 6pm

10am – 4pm

Closed Closed

Tues 9am – 7pm

9am – 7pm

9.30am – 7.30pm

9.30am – 5pm

9am – 5.30pm

Wed 9am – 6pm

9am – 6pm

9am – 5.30pm

9.30am – 5pm

9am – 7.30pm

Thurs 9am – 6pm

9am – 7pm

9am – 5.30pm

9.30am – 5pm

9am – 5.30pm

Fri 9am – 7pm

9am – 6pm

9am – 7.30pm

9.30am – 7.30pm

9am – 7.30pm

Sat 8.30am – 5pm

9am – 5pm

9am – 5pm 9.30am – 5pm

9am – 5pm

Sun 10am – 4pm

10am – 4pm

10am – 4pm

10am – 4pm

10am – 4pm

Copies of the documents are also stated to be available online through

the Applicant’s website at www.eastangliawind.com and it is confirmed

that they can be provided on request.

The Section 48 Notice that accompanied Section 42 Phase III states that



June 2015 until at least 23rd

June 2015 at the following locations and

times:

Ipswich County Library

Lowestoft Library

Woodbridge Library

Hadleigh Library

Felixstowe Library

Mon 9am – 9am – 10am – Closed 10am –



6pm 6pm 4pm 4pm

Tues 9am – 7pm

9am – 7pm

9.30am – 7.30pm

9.30am – 5pm

9am – 5.30pm

Wed 9am – 6pm

9am – 6pm

9am – 5.30pm

9.30am – 5pm

9am – 7.30pm

Thurs 9am – 6pm

9am – 7pm

9am – 5.30pm

9.30am – 5pm

9am – 5.30pm

Fri 9am – 7pm

9am – 6pm

9am – 7.30pm

9.30am – 7.30pm

9am – 7.30pm

Sat 8.30am – 5pm

9am – 5pm

9am – 5pm 9.30am – 5pm

9am – 5pm

Sun 10am – 4pm

10am – 4pm

10am – 4pm

10am – 4pm

10am – 4pm

Copies of the documents are also stated to be available online through

the Applicant’s website at www.eastangliawind.com and it is confirmed

that they can be provided on request.

(f) the latest date on which

those documents, plans

and maps will be

available for inspection

(being a date not earlier

than the deadline in sub-

paragraph (i));




May 2014 to 8th July 2014.




June 2015 until at least 23rd

June.

(g) whether a charge will be

made for copies of any of

the documents, plans or

maps and the amount of

any charge;

Both Section 48 Notices state that a reasonable copying charge may

apply.

(h) details of how to respond

to the publicity; and

Both Section 48 Notices state that any representations on the proposals should be made in writing to FREEPOST RSTC-EJEY-RKRX, East Anglia Offshore Wind, 4th Floor, 1 Atlantic Quay, Glasgow G2 8JB. or by e-mail to [email protected] .

(i) a deadline for receipt of

those responses by the

applicant, being not less

than 28 days following

the date when the notice

is last published.


the deadline for receipt of responses by the developer was 8th

July 2014.


The deadline for receipt of responses by the developer was 23rd July

2015.

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Reg 6 Procedure for establishing

whether environmental impact

assessment is required

The Applicant applied to PINS on 9th

November 2012 for a scoping

opinion for the proposed development. The scoping request is provided

at Document 6.5



(1) A person who proposes to

make an application for an

order granting

development consent

must, before carrying out

consultation under section

42 (duty to consult)

either—

(a) request the Secretary of

State to adopt a

screening opinion in

respect of the

development to which

the application relates;

or

(b) notify the Secretary of

State in writing that the

person proposes to

provide an

environmental

statement in respect of

that development.

The scoping opinion is provided at Document 6.6.

(3) A request or notification

under paragraph (1) must

be accompanied by—

(a) a plan sufficient to

identify the land;

(b) a brief description of the

nature and purpose of

the development and of

its possible effects on

the environment;

(c) such other information or

representations as the

person making the

request may wish to

provide or make.

The Applicant supplied PINS with the relevant information, including:

A covering letter

East Anglia THREE Offshore Wind Farm Scoping Report

Reg 10 Consultation statement

requirements

The consultation statement

prepared under section 47 (duty

to consult local community)

must set out —

(a) whether the development

The Applicant stated in the SoCC that:

Legislation requires that East Anglia THREE Limited undertake an

Environmental Impact Assessment (EIA) to identify likely significant

environmental effects of the project.

East Anglia THREE Limited will provide the preliminary findings of the EIA

within the PEIR, and make this information available to the local



for which the applicant

proposes to make an

application for an order

granting development

consent is EIA

development; and

(b) if that development is EIA

development, how the

applicant intends to

publicise and consult on the

preliminary environmental

information.

community for consultation. The PEIR will include a description of the

proposals and baseline information (to date) and identify the potential

impacts of the development, as well as possible measures to reduce,

prevent or offset these. This will include information on the scope for

any associated land restoration, landscaping, other mitigation or

compensatory measures for natural habitats impact if required.

East Anglia THREE Limited intends to publish the PEIR towards the end

of the EIA process, in Spring / Summer 2014, in a form similar to a draft

Environmental Statement (ES). This will enable local communities to

have the most information possible to comment on the proposals prior

to the publication of the ES, and therefore help to shape the proposals

in advance of submission of the application to the Planning Inspectorate.

The SoCC further states:

EAOW has already commenced non-statutory and statutory consultation

with local authorities, in initial project discussions and in preparation of

this document. Following publication of this SoCC, East Anglia THREE

Limited will hold Public Information Days where members of the local

community can meet with the East Anglia THREE project team to discuss

how local views can be taken into account. Whilst non-statutory

community consultation will be ongoing throughout the development of

the project, EAOW request that comments on this initial phase of

Section 47 (statutory) consultation are received by 31st October 2013.

The overall consultation with the community will contribute to the

design of the project prior to the submission of the East Anglia THREE

application for consent to the Planning Inspectorate.

Events will be held in Autumn 2013, following the publication of this

document, and in Summer 2014 following the publication of the PEIR,

prior to the submission of the DCO application.

All Public Information Days will be publicised in the local press, harbour

notices, on the East Anglia THREE website, on posters and flyers

distributed locally and through direct correspondence with Parish

Councils and Community Organisations.

As well as being available on our website, East Anglia THREE Limited

intends to make paper copies of key planning documents available in

local libraries during the period in which they are being consulted. As

well as this document, these will include: the Scoping Report, the

Summary of Environmental Considerations – Onshore and Summary of

Environmental Considerations – Offshore, the PEIR and the ES and

related non-technical summary.

We will engage with local authorities and, where relevant, parish

councils and community groups local to the development area on the

location of the Public Information Days. This process will also enable us

to identify hard-to-reach groups within the local community such that



they can be involved in the consultation process.

East Anglia Offshore Wind Website

This site provides information about the East Anglia Zone, its

development and the Planning Inspectorate Consultation Process:

http://www.eastangliawind.com/default.aspx

A project website accessed via the East Anglia Offshore Wind website

that is specific to the East Anglia THREE project and updated regularly:

http://eastangliathree.eastangliawind.com/

Reg 11 Pre-application publicity under

section 48 (duty to publicise)

Where the proposed application

for an order granting

development consent is an

application for EIA development,

the applicant must, at the same

time as publishing notice of the

proposed application under

section 48(1), send a copy of

that notice to the consultation

bodies and to any person

notified to the applicant in

accordance with regulation

9(1)(c).

The Applicant sent a copy of the Section 48 notice to all consultees as

defined in Section 42 and Section 44 in accordance with regulation

9(1)(c). A full list of these bodies can be found in Appendix 29 of the

Consultation Report

DCLG: Guidance on the pre-application process (January 2013)

15 The Government recognises,

however, that major

infrastructure projects and the

communities and environment

in which they are located will

vary considerably. A ‘one-size-

fits-all’ approach is not,

therefore, appropriate. Instead,

applicants, who are best placed

to understand the detail of their

specific project, and the relevant

local authorities, who have a

unique knowledge of their local

communities, should as far as

possible work together to

develop plans for consultation.

The key aim should be to ensure

that the amount of consultation

The requirements of Section 47 of the Planning Act 2008 (as amended)

have been fulfilled by the consultation of the draft SoCC and update to

the SoCC with the relevant Section 47 local authorities within whose

area the onshore development lies. [A number of other local authorities

were also consulted].



undertaken, and who is

consulted, should be in

proportionate to the size and

scale of project and where its

impacts will be felt.

17 Consultation should be

thorough, effective and

proportionate. Applicants will

have their own approaches to

consultation and already have a

wealth of good practice on

which to draw. For example,

larger, more complex

applications will usually need to

go beyond the statutory

minimum timescales laid down

in the Planning Act to provide

enough time for consultees to

understand project proposals

and formulate a response. Many

proposals will require detailed

technical input, especially

regarding impacts, so sufficient

time will need to be allowed for

this. Consultation should also be

sufficiently flexible to respond to

the needs and requirements of

consultees, for example where a

consultee has indicated that

they would prefer to be

consulted via email only, this

should be accommodated as far

as possible.

The Applicant's consultation strategy took the form of an iterative

process of three phases of statutory consultation for Section 47

consultees and three stages of consultation for Section 42 consultees,

with non-statutory consultation between these phases/stages. The

consultation was timed to reflect key milestone sin the Project's

evolution, at points where responses could influence the design.

All statutory consultation periods under Sections 42, 47 and 48 of the

Planning Act 2008 (as amended) allowed the consultees more than the

statutory minimum of 28 days to response. In addition, Applicant

endeavoured to provide advance notice of statutory consultation

periods and accommodated all stakeholder requests about

communication methods, sending out information by post or

electronically as requested.

Informal consultation with technical consultees has been ongoing

throughout the pre-application process.

18 Sections 42-44 of the Planning

Act and secondary legislation set

out details of who should be

consulted, including local

authorities, the Marine

Management Organisation

(where appropriate), other

statutory bodies, and persons

having an interest in the land to

be developed. Section 47 in the

Planning Act sets out the

applicant’s statutory duty to

consult local communities. In

addition, applicants may also

wish to strengthen their case by

The Applicant consulted with prescribed consultees in accordance with

the consultees specified in the APFP Regulations as well as local

authorities and those persons identified under Section 44. A full list of

these bodies can be found at Appendix 29 of the Consultation Report

and the Book of Reference (Document reference 4.3)

In addition the Application consulted with non-prescribed organisations,

a full list of which can be found in Appendix29 of the Consultation

Report.

Members of the community, organisations and political organisations

and individuals were also consulted in accordance with the SoCC.



seeking the views of other

people who are not statutory

consultees, but who may be

significantly affected by the

project.

19 Where an applicant proposes to

include non-planning consents

within their Development

Consent Order, the bodies that

would normally be responsible

for granting these consents

should make every effort to

facilitate this… It is therefore

important that such bodies are

consulted at an early stage. In

addition, there will be a range of

national and other interest

groups who could make an

important contribution during

consultation. Applicants are

therefore encouraged to consult

widely on project proposals.

20 From time to time a body may

cease to exist but for legislative

timetabling reasons, may still be

listed as a statutory consultee. In

such situations the Secretary of

State will not expect strict

compliance with the statutory

requirements. Applicants should

identify any successor body and

consult with them in the same

manner as they would have with

the original body. Where there is

no obvious successor, applicants

should seek the advice of the

Inspectorate, who may be able

to identify an appropriate

alternative consultee. Whether

or not an alternative is

identified, the consultation

report should briefly note any

cases where compliance with

statutory requirements was

impossible and the reasons why.

[The Applicant was able to comply with statutory requirements;

however some bodies consulted changed over the course of the pre-

application process.]

21 Technical expert input will often

be needed in advance of formal

The Applicant engaged with technical consultees at an early stage,

before commencement of statutory consultation. The anticipated



compliance with the pre-

application requirements. Early

engagement with these bodies

can help avoid unnecessary

delays and the costs of having to

make changes at later stages of

the process. It is equally

important that statutory

consultees respond to request

for technical input in a timely

manner. Applicants are

therefore advised to discuss and

agree a timetable with

consultees for the provision of

such inputs.

Project programme was communicated to Consultees. Further details

can be found in Chapter 9 of the Consultation Report.

25 Where an applicant decides to

consult people living in a wider

area who could be affected by

the project (e.g. through visual

or environmental impacts, or

through increased traffic flow),

that intention should be

reflected in the Statement of

Community Consultation.

Brown and May Marine will liaise with fishermen and fishermen’s

organisations on behalf of East Anglia THREE Limited through meetings

and project updates in its role as Fisheries Liaison Officer. Together East

Anglia THREE Limited and Brown and May have been holding meetings

with local and international stakeholders whereby all parties fisheries

likely to be impacted by the proposed development are able to have

their say.

26 […] prior to submitting their

draft Statement of Community

Consultation applicants may

wish to seek to resolve any

disagreements or clarifications

about the public consultation

design. An applicant is therefore

likely to need to engage in

discussions with local authorities

over a longer period than the

minimum requirements set out

in the Act.

Local Authorities were consulted informally on the development of the

SoCC prior to the formal consultation.

The early draft SoCC was sent on 30th

May 2013

The draft Update to the SoCC was sent on 28th

April 2015

30 Where a local authority raises an

issue or concern on the

Statement of Community

Consultation which the applicant

feels unable to address, the

applicant is advised to explain in

their consultation report their

course of action to the Secretary

of State when they submit their

application.

Comments on the SoCC and Update to the SoCC are recorded in Chapter

4 of the Consultation Report and Appendices therein along with regard

had to these responses by the Applicant.



31 Where a local authority decides

that it does not wish to respond

to a consultation request on the


Consultation, the applicant

should make reasonable efforts

to ensure that all affected

communities are consulted. If

the applicant is unsure how to

proceed, they are encouraged to

seek advice from the

Inspectorate. However, it is for

the applicant to satisfy

themselves that their

consultation plan allows for as

full public involvement as is

appropriate for their project

and, once satisfied, to proceed

with the consultation.

The majority of local authorities requested to provide comments on an

early draft of the SoCC did so., Suffolk County Council responded on

behalf of Suffolk County Council, Suffolk Coastal District Council,

Babergh District Council, and Mid Suffolk district Council. The Planning

Inspectorate and MMO also provided informal comments on 30th

May

2013.

Responses of relevant local authorities to the statutory consultation on

the SoCC between 9th

August and 11th

September 2013 are provided at

Appendix [1 and 2] of the Consultation Report

Suffolk County Council also responded on behalf of Councils consulted

on the early draft update to the SoCC which was sent on 28th

April 2015.

Responses of the relevant local authorities to the statutory consultation

on the Update to the SoCC between 4th

May 2015 to 1st

June 2015 are

provided at Appendix 3.

Consultation on the SoCC and Update to the SoCC are more fully

explained in Chapter 4 of the Consultation Report.

Ipswich Borough Council did not provide comment on either the early

draft of the SoCC or the second draft of the SoCC when invited to do so.

EATL took regard of the position of Ipswich Borough Council and were

satisfied that all relevant consultee groups would be represented

through the consultation with Suffolk County Council and the District

Councils

32 Local authorities are also

themselves statutory consultees

for any proposed major

infrastructure project which is in

or adjacent to their area.

Applicants should engage with

them as early as possible to

ensure that the impacts of the

development on the local area

are understood and considered

prior to the application being

submitted to the Secretary of

State.

The Applicant consulted a number of local authorities under Section 42.

Details are provided in Chapter 11 and associated Appendices of the


The Applicant has also held informal discussions, for example through a

local authorities steering group, on the content of the draft DCO and

other application documents.

33 It will be important that any

concerns local authorities have

on the practicality of enforcing a

proposed Development Consent

Order are raised at the earliest

opportunity.

The Applicant has held informal discussions on the content of the draft

DCO which has included consideration of enforcement.

35 Applicants will also need to

identify and consult people who

own, occupy or have another

As required by Section 42 of the Planning Act 2008 (as amended)

consultation was undertaken with landowners and persons interested in

the land (as defined in the definition under sub-sections (1) to (6) of



interest in the land in question,

or who could be affected by a

project in such a way that they

may be able to make a claim for

compensation. This will give such

parties early notice of projects,

and an opportunity to express

their views regarding them.

Section 44 of the 208 Act

36 People should have as much

influence as is realistic and

possible over decisions which

shape their lives and

communities. It is therefore

critical that they are engaged

with project proposals at an

early stage.

Consultation has been undertaken over three years timed to reflect key

milestones in the Projects evolution at points where responses could

influence the design. The Project also benefits from the work done for

the East Anglia ONE Offshore Wind Farm and the East Anglia Zone in

general since approximately 2010.

Community engagement under Section 47 has been conducted in three

phases which, for phases IIa and III mirror those used for Section 42

consultation, and were as follows:

Phase 1 Consultation of the SoCC and introducing the project;


Phase III – Consultation on construction phasing.

37 In consulting on project

proposals, an inclusive approach

is needed to ensure that

different groups have the

opportunity to participate and

are not disadvantaged in the

process. Applicants should use a

range of methods and

techniques to ensure that they

access all sections of the

community in question.

Consultation was taken forward to maximise involvement of

stakeholders using:

Website;

Public exhibitions;

Posters, notices and exhibitions in local libraries;

Newsletters and mailshots;

Public Information Days

Direct consultation with Parish Council's and Community

Organisations;

Publication of advertisement in local newspapers and the

Fishing News

Meetings held to specifically target fishermen on the cable

route;

Appearances on BBC Radio Suffolk prior to the East Anglia

THREE Public Information Days

The SoCC was also offered in large print, Braille and audio

forms on request

38 Applicants must set out clearly

what is being consulted on. They

must be careful to make it clear

to local communities what is

settled and why, and what

remains to be decided, so that

expectations of local

communities are properly

The SoCC and Update to the SoCC summarised the Project proposals and

outlined the matters on which the view of the local community was

sought. They also described the key elements of the Project.

The SoCC and Update to the SoCC explained each phase of consultation

and what was being consulted on.

At each stage of consultation documents were provided to provide

stakeholders with information on the project such as:



managed. A short document

should be prepared by

applicants specifically for local

communities, summarising the

project proposals and outlining

the matters on which the view of

the local community is sought. It

should also describe the key

elements of the project, and

explain what the potential

benefits and impacts of the

projects might be. The document

should be written in clear,

accessible, and non-technical

language. Applicants should be

ready to make it available in

formats appropriate to the

needs of people with disabilities

if requested. There may be cases

where documents may need to

be made bilingually (for

example, Welsh, in applications

affecting Wales), but it is not the

policy of the Government to

encourage documents to be

translated into non-native,

foreign languages.

SoCC and Update to the SoCC;

Up to date technical and environmental information, such as

the PEI and Non-Technical Summary;

Public Information Day Boards;

CDs with project details;

Feedback forms

A project newsletter has also been used, see Appendix 28 of the


All relevant documents were provided on the project website for access

by members of the public.

Documents were offered in large print, Braille and audio forms on

request, however this was never requested.

39 Applicants are required to set

out in their Statement of

Community Consultation how

they propose to consult those

living in the vicinity of the land,

but they are encouraged to

consider consulting beyond this

where they think doing so may

provide more information on the

impacts of their proposals (e.g.

through visual impacts or

increased traffic flow).

Locations for Public Information Days (PIDs) were discussed with Local

Planning Authorities and selected on the basis of Project Impacts..

Bawdsey, Woodbridge and Bramford/Burstall were chosen as locations

for the PIDS for this reason and to minimise travel time for those living in

the vicinity of the land.. Further, these locations were selected to be in

the vicinity of those who may be impacted upon by the Project in

specific ways:

Bawdsey - near those residents affected by works associated

with cable landfall;

Bramford and Burstall – those most affected by the building of

onshore substations; and

Woodbridge as the midway point of the cable route between

Bawdsey and Bramford.

40 The Statement of Community

Consultation should act as a

framework for the community

consultation generally, stating

where and when events will be

taking place. The Statement of

The SoCC was displayed on the Project website and emails sent to those

Council's noted in Chapter 4 informing them of publication of the SoCC.

Hard copies of the SoCC were also held from 18 October 2013 to 1

December 2013 in the following libraries: Hadleigh; Woodbridge;

Felixstowe; and Ipswich County.



Community Consultation should

be made available online, at any

exhibitions or other events held

by the applicants and should also

be placed at appropriate local

deposit points (e.g. libraries,

council offices) and sent to local

community groups as

appropriate.

The update to the SoCC was provided to Parish Council's along the cable

route and made available for public viewing at the Public Information

Days at Phase III Consultation and online at the Project's website.

41 Applicants are required to

publicise their proposed

application under section 48 of

the Planning Act… This publicity

is an integral part of the local

community consultation process.

Where possible, the first of the

two required local newspaper

advertisements should coincide

approximately with the

beginning of the consultation

with communities. However,

given the detailed information

required for the publicity in

secondary legislation, aligning

publicity with consultation may

not always be possible,

especially where a multi-stage

consultation is intended.

The proposed application for the Project was published in accordance

with Section 48 of the Act. The Section 48 Notices were published in

two stages:

Phase II(a) – The first coincided with the start of Section 47 Consultation

and Section 42 consultation on the PEIR; and

Phase III – The second coincided with Phase III Section 47 and Section 42

consultation on construction phasing.

During each phase of consultation Section 48 Notices were published in

local and national newspapers as noted in Chapter 7 of the Consultation

Report.

43 […] where an offshore project

also features land-based

development, the applicant

should treat the local authority

where the land-based

development is located as the

main consultee for the


Consultation. The applicant is

also advised to consider seeking

views on the Statement of

Community Consultation from

local authorities whose

communities may be affected by

the project, for example visually

or through construction traffic,

even if the project is in fact some

distance from the area in

question. In addition, applicants

may find it beneficial to discuss

The following local authorities were consulted on the draft SoCC and

draft Update to SoCC:

Suffolk County Council;

Suffolk Coastal District Council;

Babergh District Council;

Mid-Suffolk District Council;

Ipswich Borough Council;



their Statement of Community

Consultation with any local

authorities in the vicinity where

there could be an effect on

harbour facilities.

45 Applicants should ensure they

consider all the potential

impacts on communities which

are in the vicinity of the

proposed project. These are

unlikely to affect all communities

to the same degree but might

include potential visual,

environmental, economic and

social impacts.

The Applicant sought to obtain comments from stakeholders and

communities to the PEIR on any matters which might have implications

for the relevant communities.

46 Where the location of a

proposed offshore project is

such that the impacts on

communities are likely to be very

small or negligible, applicants

are still expected to inform

relevant coastal authorities and

communities of the proposed

project, and give them a chance

to take part in any consultation.

When deciding who to consult in

these situations, applicants are

encouraged to think laterally, by,

for example, identifying nearby

local authorities with busy

harbours, active fishing or sailing

/ water-sports communities or

key local environmental groups.

The Applicant's statutory consultation with local communities was open

to all those with an interest in the proposals. This included relevant

coastal authorities (who were consulted under Section 42 and on the

proposals in the SoCC and Update to the SoCC under Section 47) and

members of the community such as commercial fishermen.

47 Where there are no obvious

impacts on local communities,

applicants should consult the

local communities closest to the

proposed project. It may be that

there are impacts which are not

immediately obvious but which a

consultation can identify.

Equally, local communities may

have concerns, for example,

about environmental impacts,

and open engagement with the

applicant will allow them the

chance to express their concerns



and to understand how these

concerns are being addressed.

48 Ultimately, applicants for

offshore projects should take a

pragmatic approach, consulting

in proportion to the impacts on

communities and the size of the

project, whilst ensuring that

relevant local communities are

kept informed about the

proposals and offered the

chance to participate in shaping

them. Applicants should use this

as a guiding principle for

consultation together with the

statutory requirements as set

out in the Planning Act.

50 To realise the benefits of early

consultation on a project, it must

take place at a sufficiently early

stage to allow consultees a real

opportunity to influence the

proposals. But equally,

consultees will need sufficient

information on a project to be

able to recognise and

understand the impacts

Consultation has been undertaken over three years, time to reflect key

milestones in the Project's evolution, at points where response could

influence the impacts.

The Applicant commenced formal Section 47 consultation as early as

practicable (from 2013) in order to understand concerns and comments

to influence the evolution of the Project and associated assessments,

where relevant and appropriate. Community engagement under

Section 47 has been conducted in three phases which, for phases IIa

and III mirror those used for Section 42 consultation:

Phase I Consultation on the SoCC and introducing the Project;


Phase III Consultation on construction phasing.

Section 42 consultation was undertaken in three main phases as follows:

Phase IIa Consultation on the PEIR;- Section 42, Section 47 and

Section 48;

Phase IIb Consultation with a limited number of Section 42

consultees on amendments to accesses routes to the cable

corridor. This followed the access routes proposed during the

PEIR (Section 42 Phase IIa consultation.

Phase III Consultation on construction of the project in a single

or Two Phased approach – Section 42, Section 47 and Section

48.

51 Applicants will often also require

detailed technical advice from

consultees and it is likely that

their input will be of the greatest

value if they are consulted when

project proposals are fluid,

followed up by confirmation of

the approach as proposals

become firmer. In principle,

therefore, applicants should

undertake initial consultation as

soon as there is sufficient detail

to allow consultees to

understand the nature of the

project properly.

52 To manage the tension between

consulting early, but also having

project proposals that are firm

enough to enable consultees to



comment, applicants are

encouraged to consider an

iterative, phased consultation

consisting of two (or more)

stages, especially for large

projects with long development

periods. For example, applicants

might wish to consider

undertaking informal early

consultation at a stage where

options are still being

considered. This will be helpful

in informing proposals and

assisting the applicant in

establishing a preferred option

on which to undertake formal

statutory public consultation.

53 Where an iterative consultation

is intended, it may be advisable

for applicants to carry out the

final stage of consultation with

persons who have an interest in

the land once they have worked

up their project proposals in

sufficient detail to identify

affected land interests.

An extensive consultation process with landowners and parties

interested in the land took place. The formal Section 42 consultation

included consultation with persons who have an interest in the land

under Section 44.

[On 23 October 2015 non-statutory requests for information were

issued under cover of a letter sent to all landowners identified as directly

affected by the Project. These requests asked for details of persons or

organisations with an interest in land or property within the cable

corridor and for further details of these parties.]

Further details of this are provided in section 9.5 of the Consultation

Report.

54 The Planning Act provides for a

minimum 28 day period for

consultation. It is expected that

this may be sufficient for

projects which are

straightforward and

uncontroversial in nature. But

many projects, particularly larger

or more controversial ones, may

require longer consultation

periods than this. Applicants

should therefore set

consultation deadlines that are

realistic and proportionate to

the proposed project.

The Applicant allowed a minimum of 28 days for responses to statutory

consultation periods. Where practical, this period was extended to allow

as full a consultation as possible.

55 Applicants are not expected to

repeat consultation rounds set

out in their Statement of

Although the Project proposals have been amended as a result of formal

and informal consultation they have not changed so substantially as to



Community Consultation unless

the project proposals have

changed very substantially. For

example, where proposals

change to such a large degree

that what is being taken forward

is fundamentally different from

what was consulted on, further

consultation may well be

needed. This may be necessary

if, for example, new information

arises which renders all previous

options unworkable or invalid

for some reason. When

considering the need for

additional consultation,

applicants should use the degree

of change, the effect on the local

community and the level of

public interest as guiding factors.

require a repeat of the statutory consultation process.

Consultation on the Project has been ongoing in phases since May 2012

as noted above and specific consultation held on topics such as accesses

to the cable route and phasing of construction.

56 Where a proposed application

changes to such a large degree

that the proposals could be

considered a new application,

the legitimacy of the

consultation already carried out

could be questioned. In such

cases, applicants should

undertake further re-

consultation on the new

proposals, and should supply

consultees with sufficient

information to enable them to

fully understand the nature of

the change and any likely

significant impacts (but not

necessarily the full suite of

consultation documents), and

allow at least 28 days for

consultees to respond.

57 If the application only changes to

a small degree, or if the change

only affects part of the

development, then it is not

necessary for an applicant to

undertake a full re-consultation.

Where a proposed application is

amended in light of consultation



responses then, unless those

amendments materially change

the application or materially

changes its impacts, the

amendments themselves should

not trigger a need for further

consultation. Instead, the

applicant should ensure that all

affected statutory consultees

and local communities are

informed of the changes.

58 Consultation should, however,

also be fair and reasonable for

applicants as well as

communities. To ensure that

consultation is fair to all parties,

applicants should be able to

demonstrate that the

consultation process is

proportionate to the impacts of

the project in the area that it

affects, takes account of the

anticipated level of local

interest, and takes account of

the views of the relevant local

authorities.

Consultation has been undertaken over three years, timed to reflect key

milestones in the Project's evolution, at points where responses could

influence the design. It was considered that this was an appropriate

approach, taking into account the level of interest and the Applicant's

objective of ensuring that comments on the Project were sought and

taken into account at each stage.

61 The consultation report should:

provide a general

description of the

consultation process

undertaken;

set out specifically what the

applicant has done in

compliance with the

requirements of the

Planning Act, relevant

secondary legislation, this

guidance, and any relevant

policies, guidance or advice

published by Government or

the Inspectorate;

set out how the applicant

has taken account of any

response to consultation

with local authorities on

what should be in the

The Applicant produced the Consultation Report, of which this

statement is the final chapter, and which included all matters set out in

paragraph 61 of the Consultation Report.

General description provided in section 1 and sections 12

Sections 6, 7, 9.5 and 11 set out specifically what EATL have done to

comply with Sections 47, 48, 44 and 42 of the Planning Act respectively.

Section 4 and Appendices 1, 2, 3 and 14 provide detail on how EATL

consulted on the SoCC, Report to inform the SoCC and Update to SoCC

with the local authorities and how their comments were taken into

account in the final versions provided in Appendix 4, 5 and 6.



applicant’s statement of

community consultation;

set out a summary of

relevant responses to

consultation (but not a

complete list of responses);

provide a description of how

the application was

influenced by those

responses, outlining any

changes made as a result

and showing how significant

relevant responses will be

addressed;

provide an explanation as to

why responses advising on

major changes to a project

were not followed, including

advice from statutory

consultee on impacts;

where the applicant has not

followed the advice of the

local authority or not

complied with this guidance

or any relevant advice note

published by the

Inspectorate, provide an

explanation for the action

taken;

be expressed in terms

sufficient to enable the

Secretary of State to fully

understand how the

consultation process has

been undertaken and

significant effects addressed.

However, it need not include

full technical explanations of

these matters.

Sections 5 to 11 contain summaries of how consultee responded to

consultation. Appendices 38, 39 and 40 provide detailed consultee

responses to the three phases of Section 42 consultation.

Throughout this Consultation Report evidence if provided on how the

East Anglia THREE project was influenced by consultee responses.

Appendices 38, 39 and 40 contain detail on exactly how each consultee

response was addressed and / or how it affected the East Anglia THREE

project.

There were no responses from statutory consultees advising on major

changes to the project. Major changes to the substation design were

advised and these will be taken into consideration at the detailed design

phase. These responses are set out in Appendix 40.

EATL have followed advice provided by the local authority and the

Planning Inspectorate throughout the application phase. Certain

approaches have taken some discussion to agree a way forward but

ultimately the advice provided has been followed. Section 9 of this

report provides examples of these discussions and illustrates how advice

has been follow by EATL.

All sections of this Consultation Report are aimed at explaining how

EATL have undertaken their consultation. Further detail, if required is

provided within the Appendices 1 to 64.

62 It is important that those who

have contributed to the

consultation are informed of the

results of the consultation

exercise; how the information

received by applicants has been

used to shape and influence the

project; and how any

outstanding issues will be

addressed before an application

Periodically throughout the development of the East Anglia Zone thus

far EAOW have produced and circulated newsletters providing updates

on the different projects. An example of such newsletter is provided in

Appendix 28 of the Consultation Report. Throughout the development

of the project East Anglia THREE have also kept all members of the

public who have registered on project website up to date with periodic

emails examples of these can be found in Appendix 13 of the

Consultation Report

Landowners have also been kept up to date with the Project through

their appointed land agents or directly by the Applicant, as discussed in



is submitted to the Inspectorate. Chapter 9.5 of the Consultation Report.

63 As with the consultation itself, it

is likely that different audiences

will require different levels of

information. The local

community may be particularly

interested in what the collective

view of the community is and

how this has been taken into

account. Consultees with

technical information will

require more detailed

information on what impacts

and risks have been identified,

and how they are proposed to

be mitigated or managed.

Non-technical summaries of the consultation documents were made

available during the consultation process. Further, through the Project

website and presence of Project staff at the PIDS various levels of

information has been provided to suit the particular recipient.

64 The consultation report may not

be the most appropriate format

in which to respond to the points

raised by various consultee

groups and bodies. Applicants

should therefore consider

producing a summary note in

plain English for the local

community setting out headline

findings and how they have been

addressed, together with a link

to the full consultation report for

those interested. If helpful, this

could be supplemented by

events in the local area.

The SoCC pointed to the project website which set out the details of the

project throughout the development process. Maildrops and

newsletters were also produced. An example of such newsletter is

provided in Appendix 28 of the Consultation Report. PIDs were held in

the local areas to engage local communities.

65 Response to points raised by

consultees with technical

information is likely to need to

focus on the specific impacts for

which the body has expertise.

The applicant should make a

judgement as to whether the

consultation report provides

sufficient detail on the relevant

impacts, or whether a targeted

response would be more

appropriate.

The Applicant has engaged extensively with technical consultees on

issued raised during pre-application consultation.

73 For the pre-application

consultation process, applicants

are advised to include sufficient

Consultation on the PEIR took place at the first stage of statutory

consultation. The PEIR was available on the Project website, in local

libraries and at the Phase IIa PIDs (both hard copies and available on CD




information to enable consultees

to develop an informed view of

the project. The information

required will be different for

different types and sizes of

projects and it may differ

depending on the audience of a

particular consultation. The


information is not expected to

replicate or be a draft of the

environmental statement.

However, if the applicant

considers this to be appropriate

(and more cost-effective), it can

be presented in this way. The

key issue is that the information

presented must provide clarity

to all consultees. Applicants

should be careful not to assume

that non-specialist consultees

would not be interested in any

technical environmental

information. It is therefore

advisable to ensure access to

such information is provided

during all consultations.

to take away).

Further, at the non-statutory PIDs public exhibition boards (Appendices

16 and 23 of the Consultation Report) were used to explain the

Project. Also available at the PIDs were up to date technical and

environmental information, such as the Project Scoping Report and

summaries of environmental considerations (Appendices 9 and 10 of the

Consultation Report).


Table 15.2 East Anglia THREE Limited Completed Section 55 Acceptance of Applications Checklist5

Section 55(3) – the Secretary of State may only accept an application if

the Secretary of State concludes that:-

Applicant's Comments

1. s55(3)(a) and s55(3)(c) It is an application for an order granting development consent

1.1 Is the development a nationally significant infrastructure project62 (NSIP) (or

does it form part of an NSIP); and does the application state on the face of it that it

is an application for a development consent order7 (DCO) under the Planning Act

2008 (the PA2008), or equivalent words? Does the application specify the

development to which it relates (i.e. which category or categories in ss14-30 does

the application scheme fall)?

If the development does not fall within the categories in ss14-30, has a direction

been given by the Secretary of State under s35 of the PA2008 for the development

to be treated as development for which development consent is required?

Paragraph 1.2 of the Cover Letter to the Planning Inspectorate (Document 1.1) states:

Development consent is required to the extent that development is or forms part of a Nationally

Significant Infrastructure Project (NSIP) pursuant to section 14(1)(a) and 15(3) of the 2008 Act. As the

proposed windfarm is expected to have a capacity of up to 1,200 MW it is an NSIP for the purposes of

the 2008 Act. It is for this reason that East Anglia THREE falls within the remit of the Secretary of

State.

Summary – s55(3)(a) and s55(3)(c) The Application as submitted states on the face of it that it is an application for development consent

under the 2008 Act (as amended by the Localism act 2011)

2. s55(3)(e) The applicant in relation to the application made has complied with Chapter 2 of Part 5 (pre-application procedure)

2.1 Did the applicant before carrying out the s42 consultation either (a) request the

Secretary of State to adopt a screening opinion in respect of the development to

which the application relates, or (b) notify the Secretary of State in writing that it

proposed to provide an environmental statement in respect of that development8?

Yes

The Applicant requested a Scoping Opinion from the Planning Inspectorate in a letter accompanied

by a Scoping Report, the Scoping Report (Document 6.5), in November 2012.

5 References in this document to the Secretary of State include references (where applicable) to the Planning Inspectorate Major Applications and Plans Directorate which carries out

functions related to consenting nationally significant infrastructure projects on behalf of the Secretary of State 6 NSIP is defined generally in s14 with the detailed thresholds for each of the specified categories being set out in ss15-30

7 Development consent is required for development to the extent that the development is or forms part of an NSIP (s31 of the PA2008)

8 Regulation 6 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009





No formal screening request was sought on the basis that the Applicant identified itself that the

Project constituted an "EIA development", per the Scoping Report (Document 6.5).

A Scoping Opinion (Document 6.6) was received form the Planning Inspectorate in December 2012.

As noted in the Consultation Report (Document 5.1) and Consultation Report Appendices

(Document 5.2), specifically Document 5.2 (41) and 5.2 (42), section 42 consultations did not

commence until June 2014.

2.2 Have any adequacy of consultation representations5 been received from “A”,

“B”, “C” and “D” authorities; and if so do they confirm that the applicant has

complied with the duties under s42, s47 and s48?

Not applicable. To follow post submission of the Application.

s42: Duty to Consult

2.3 Did the applicant consult the following about the proposed application:

s42(1)(a) persons prescribed9? Yes

Appendix 29 of the Consultation Report Appendices (Document 5.2 (29)) lists the statutory

consultees which the Applicant consulted under section 42(a) of the 2008 Act.

Section 11.3 of the Consultation Report (Document 5.1) sets out those organisations which the

Applicant did not consult with.

s42(1)(aa) the Marine Management Organisation10

? Yes

Appendix 29 to the Consultation Report (Document 5.2 (29)) Lists the statutory consultees which the

9 Statutory consultees set out in Schedule 1 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

10 In any case where the proposed development would affect, or would be likely to affect, any of the areas specified in s42(2) of the PA2008





Applicant consulted under section 42(1)(aa).

s42(1)(b) each local authority within s4311

? Yes.

Appendix 29 to the Consultation Report (Document 5.2 (29)) lists the statutory consultees which the

Applicant consulted under section 42(10(b) of the 2008 Act. The local authorities consulted under

Section 42 of the Act were:

"B" Authorities (a unitary or district council in which the Project is location)

• Babergh District Council,

• Suffolk Coastal District Council

• Mid Suffolk District Council

• Waveney District Council

• South Cambridgeshire District Council

• East Cambridgeshire District Council

• Tendring District Council

• Braintree District Council

• South Norfolk District Council

• Breckland District Council

"A" authorities (a unitary or district council which borders a "B" authority):

• Ipswich Borough Council,

• Colchester Borough Council

• Great Yarmouth Borough Council

• King's Lynn and West Norfolk Borough Council

11

Definition of “local authority” in s43(3): The “B” authority where the application land is in the authority’s area; the “A” authority where any part of the boundary of A’s area is also a part of the boundary of B’s area; the “C” authority (upper tier) where the application land is in that authority’s area; the “D” authority where such an authority shares a boundary with a “C” authority





"C" Authorities (a county council in which the Project is located):

• Suffolk County Council

• Essex County Council*

• Norfolk County Council*

• Cambridgeshire County Council

"D" Authorities (a county council which borders a "C" authority):

• Kirton & Falkenham Parish Council

• Tuddenham St. Martin Parish Council

• Swilland and Witnesham Parish Council

• Grundisburgh & Culpho Parish Council

• Martlesham Parish Council

• Ramsholt Parish Council

• Bawdsey Parish Council

• Alderton Parish Council

• Westerfield Parish Council

• Hemley Parish Council

• Newbourne Parish Council

• Waldringfield Parish Council

• Playford Parish Council

• Little Bealings Parish Council

• Great Bealings Parish Council

• Woodbridge Town Council

• Akenham Parish Meeting

• Bramford Parish Council

• Little Blakenham Parish Council





• Claydon and Whitton Parish Council

• Burstall Parish Council

• Hintlesham and Chattisham Parish Council

• Copdock and Washbrook Parish Council

• Sproughton Parish Council

• Flowton Parish Meeting

s42(1)(c) the Greater London Authority (if in Greater London area)? Not applicable.

s42(1)(d) each person in one or more of s44 categories12

? Yes.

Section 11.3.3 of the Consultation Report (Document 5.1) states:

"Land agreements sought on behalf of the East Anglia ONE project incorporate rights for the East

Anglia THREE works, so the majority of landowners affected were contacted extensively throughout

this process, and have been since 2011."

Section 11.3.4 of the Consultation Report (Document 5.1) states:

In the process of ongoing diligent inquiry leading up to the application, as is almost inevitable with

projects of this scale, the Applicant has identified a small number of additional parties not included in

the Section 42 consultation or the final circulation of consultation documents. These parties are

believed by the Applicant to have an interest under Section 44, but were discovered too late in the

process to be consulted at an earlier stage, either because of changes to ownership of land interests

since preparation for the Section 42 consultation completed, or as a result of the Applicant's ongoing

diligent enquiry into the land.

The Applicant will be writing on an individual basis to any such parties as soon as possible and will

provide them access to the consultation materials in the usual way. The Applicant intends to refresh

12

Category 1: owner, lessee, tenant or occupier of land; Category 2: person interested in the land or has power to sell and convey the land or to release the land; Category 3: person entitled to make a relevant claim. There is no requirement to check the accuracy of the list(s) or whether the applicant has made diligent inquiry





the searches and enquiries at Land Registry and Companies House at intervals through the process of

examination to make sure all affected parties are informed during that process and form part of the

Book of Reference. All of the information that has been gained by diligent inquiry and which is

relevant has been provided in the Book of Reference."

2.4 Did the applicant notify s42 consultees of the deadline for receipt of

consultation responses; and if so was the deadline notified by the applicant 28 days

or more starting with the day after receipt of the consultation documents?

Yes.

Phase IIa – consultation on the PEIR (27 May to 8 July 2014)

The PEIR report was sent to consultees on 23rd May 2014. The deadline for responses was 8th July

2014, which allowed a minimum of 28 days as per Section 45 of the Act. This letter is within

Appendix 42 of the Consultation Report Appendices (Document 5.2 (42))

Phase IIb – consultation on cable route Accesses (29 July 2014 to 9 September 2014)

Relevant letters are within Appendices 51 to 56 of the Consultation Report Appendices (Document

5.2 (51) to 5.2 (56))

Phase III – Consultation on phasing (19th

June 2015 to 23rd

July 2015)

Relevant letters are within Appendices 30 to 33 of the Consultation Report Appendices (Document

5.2 (30) to 5.2 (33))

Further detail on the consultation undertaken with s42 consultees by the Applicant is included in the

Consultation Report, section 11.7.4.1

s46 Duty to notify Secretary of State of proposed application

2.5 Did the applicant supply information to notify the Secretary of State of the

proposed application; and if so was the information supplied to the Secretary of

State on or before the date it was sent to the s42 consultees? Was this done on or

before commencing consultation under s42?

Yes

Phase IIa – consultation on the PEIR (27th

May to 8th

July 2014)

This letter is within Appendix 45 of the Consultation Report Appendices (Document 5.2(45))





Phase III – Consultation on phasing (19th

June 2015 to 23rd

July 2015)

The relevant letter is within Appendix 60 of the Consultation Report Appendices (Document

5.2(60)).

2.6 Did the applicant prepare a statement of community consultation (SOCC) on

how it intended to consult people living in the vicinity of the land?

Yes

SoCC

A Statement of Community Consultation was prepared in September 2013. The SoCC is reproduced

at Appendix 4 of the Consultation Report Appendices (Document 5.2 (4))

Update to the SoCC

An Update to the Statement of Community Consultation was prepared in May 2015. The Update to

the SoCC is reproduced at Appendix 6 of the Consultation Report Appendices (Document 5.2 (6))

2.7 Were “B” and (where relevant) “C” authorities consulted about the content of

the SOCC; and if so was the deadline for receipt of responses 28 days beginning

with the day after the day that “B” and (where applicable) “C” authorities received

the consultation documents?

Yes.

SoCC

Section 4 of the Consultation Report (Document 5.1) confirms that the host authorities were

consulted on the draft SoCC.

An early version of the SoCC was provided to the authorities on 30th

May 2013 with a deadline of 25th

June 2013. A formal draft of the SoCC was provided to the authorities on 9th

August 2013 with a

deadline of 11th

September 2013.

Update to the SoCC

Section 4 of the Consultation Report (Document 5.1) confirms that the host authorities were

consulted on the draft Update to the SoCC. A draft of the Update to the SoCC was provided to the

authorities on 4th

May 2015 with a deadline of 1st

June 2015.





2.8 Has the applicant had regard to any responses received when preparing the

SOCC?

SoCC

Comments received on the SoCC from the relevant local authorities are summarised in section 4.4.2

of the Consultation Report (Document 5.1) and responses provided in full in Appendix 2 of the

Consultation Report Appendices (Document 5.2 (2)).

Update to the SoCC

Comments received on the draft Update to the SoCC are set out in Sections 4.7.1 and 4.7.2 of the

Consultation Report (Document 5.1).

2.9 Has the SoCC been made available for inspection in a way that is reasonably

convenient for people living in the vicinity of the land; and has a notice been

published in a newspaper circulating in the vicinity of the land which states where

and when the SOCC can be inspected?

Yes

SoCC

The list of newspapers in which the SoCC was placed is set out in section 4.6 of the Consultation

Report (Document 5.1) along with a list of libraries hosting the SoCC, public adverts are provided in

Appendix 12 of the Consultation Report Appendices (Document 5.2 (12)).

Update to the SoCC

The list of newspapers in which the SoCC was placed is set out in section 4.7 of the Consultation

Report (Document 5.1) public adverts are provided in Appendix 12 of the Consultation Report

Appendices (Document 5.2 (12)). The Update to the SoCC was also made available at public

information days and to relevant Parish Councils.

2.10 Does the SOCC set out whether the development is EIA development13

; and

does it set out how the applicant intends to publicise and consult on the

preliminary environmental information?

Yes

SoCC

The SoCC reproduced at Appendix 4 of the Consultation Report Appendices (Document 5.2 (4))

13

Regulation 10 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009





confirms that the development is EIA development.

The SoCC also sets out how the Preliminary Environmental Information Report will be published and

consulted upon.

Update to the SoCC

The Update to the SoCC reproduced at Appendix 6 of the Consultation Report Appendices

(Document 5.2 (6)) confirms that the development is EIA development.

2.11 Has the applicant carried out the consultation in accordance with the SOCC? Yes

The Applicant has set out in Chapter 6 of the Consultation Report (Document 5.1) how it has

complied with the obligations set out in the SoCC and Update to the SoCC.

s48: Duty to publicise the proposed application

2.12 Did the applicant publish a notice, as required by Regulation 4(2) of The

Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations

2009 (the APFP Regulations):

(a) for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development would be situated;

Yes

The Applicant published section 48 notices in May/June 2014 and 2015.

The Applicant confirms that the document Copies of statutory notices published in relation to East

Anglia THREE (Document 1.3) provides dated copies of the s48 notices published in:

• East Anglian Daily Times

• Eastern Daily Press

• Ipswich Star

Further information is provided in section 7 of the Consultation Report (Document 5.1).





(b) once in a national newspaper; Yes

The Applicant published section 48 notices in May 2014 and June 2015.

The Applicant confirms that as in the document Copies of statutory notices published in relation to

East Anglia THREE (Document 1.3) that the notices were published in The Times (27th

May 2014 and

18th

June 2015)


(c) once in the London Gazette and, if land in Scotland is affected, the Edinburgh Gazette; and

Yes


The Applicant confirms that in the document Copies of statutory notices published in relation to

East Anglia THREE (Document 1.3) that the notices were published in The London Gazette (27th

May

2014 and 18th

June 2015)


(d) where the proposed application relates to offshore development –

(i) once in Lloyds List; and

(ii) once in an appropriate fishing trade journal?

Yes


The Applicant confirms that in the document Copies of statutory notices published in relation to

East Anglia THREE (Document 1.3) that the notices were published in following newspapers:

• Lloyds List (27th

May 2015 & 18th

June 2015)

• Fishing News (30th

May 2014 & 12/19th

June 2015)






2.13 Did the notice include, as required by Regulation 4(3) of APFP Regulations:

(a) The name and address of the applicant; Yes

The notice is reproduced in Appendices 15, 22 and 24 of the Consultation Report Appendices

(Document 5.2(15), Document 5.2 (22) and Document 5.2 (24)), see also Copies of statutory notices

published in relation to East Anglia THREE Offshore Windfarm (Document 1.3).

(b) a statement that the applicant intends to make an application for development consent to the Secretary of State;

Yes




(c) a statement as to whether the application is EIA development; Yes




(d) a summary of the main proposals, specifying the location or route of the proposed development;

Yes




(e) a statement that the documents, plans and maps showing the nature and location of the proposed development are available for inspection free of charge at the places (including at least one address in the vicinity of the proposed development) and times set out in notice;

Yes








(f) the latest date on which those documents, plans and maps will be available for inspection (being a date not earlier than the deadline in sub-paragraph (i));

Yes




(g) whether a charge will be made for copies of any of the documents, plans or maps and the amount of any charge;

Yes




(h) details of how to respond to the publicity; and

Yes




(i) a deadline for receipt of those responses by the applicant, being not less than 28 days following the date when the notice is last published?

Yes




2.14 Has a copy of the s48 notice been sent to the EIA consultation bodies and to

any person notified to the applicant in accordance with Regulation 9(1)(c) of The

Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (the

EIA Regulations)14

Yes

The Applicant published Section 48 notices in May 2014 and June 2015.

In accordance with Regulation 11 of the EIA Regulations, the Section 48 notice was sent to the

Section 42 consultees on 27th May 2014 along with letters presented in Appendices 41, 42, 44 and

14

Regulation 11 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009





45 of the Consultation Report Appendices (Document 5.2 (41), Document 5.2 (42), Document 5.2

(44) and Document 5.2 (45)).

In accordance with Regulation 11 of the EIA Regulations, the Section 48 notice was sent to the

Section 42 consultees on 12th

June 2015 along with letters presented in Appendices 30 to 33 of the

Consultation Report Appendices (Document 5.2 (30) to Document 5.2 (33)).

s49: Duty to take account of responses to consultation and publicity

2.15 Has the applicant had regard to any relevant responses to the s42, s47 and s48

consultation?

Yes

Section 42 responses are considered in Chapter 11 of the Consultation Report (Document 5.1).

Section 47 responses are considered in Chapter 6 of the Consultation Report (Document 5.1).

As Section 48 consultation occurred at the same time as Section 47 consultation was ongoing, the

Applicant is unable to distinguish between responses received as a result of publicity under either

section but has nonetheless had regard to responses received.

Guidance about pre-application procedure

2.16 To what extent has the applicant had regard to DCLG guidance ‘The Planning

Act 2008: Guidance on the pre- application process’15

?

Compliance with DCLG guidance is summarized in Chapter 15 of the Consultation Report (Document

5.1).

3. s55(3)(f) and s55(5A) The application (including accompaniments) achieves a satisfactory standard having regard to the extent to which it complies with section

37(3) (form and contents of application) and with any standards set under section 37(5) and follows any applicable guidance under section 37(4)

3.1 Is it made in the prescribed form as set out in Schedule 2 of the APFP Yes

15

The Secretary of State must have regard to the extent to which the applicant has had regard to guidance issued under s50.





Regulations, and does it include:

• a brief statement which explains why it falls within the remit of

the Secretary of State; and

• a brief statement that clearly identifies the location of the

application site, or the route if it is a linear scheme?

See Cover Letter to the Planning Inspectorate (Document 1.1).

See Application Form for the East Anglia THREE Offshore Windfarm (Document 1.2).

3.2 Is it accompanied by a consultation report? Yes. The application is accompanied by a Consultation Report (Document 5.1) and Consultation

Report Appendices (Document 5.2).

3.3 Is it accompanied by the documents and information set out in APFP Regulation

5(2) and listed below:

(a) where applicable, the environmental statement required under the EIA Regulations and any scoping or screening opinions or directions;

Yes.

Environmental Statement (Document 6.1);

Figures (Document 6.2);

Technical Appendices (Document 6.3);

Non-technical Summary (Document 6.4);

Scoping Report (Document 6.5);

Scoping Opinion (Document 6.6).

(b) the draft proposed order; Yes. A Draft proposed Development Consent Order (Document 3.1), including Deemed Marine

Licences, has been provided with the application.

(c) an explanatory memorandum explaining the purpose and effect of provisions in the draft order;

Yes. An Explanatory Memorandum (Document 3.2) has been provided along with the application.





(d) where applicable, a book of reference (where the application involves any compulsory acquisition);

Yes. A Book of Reference (Document 4.3 (a) to (e)) has been provided along with the application.

(e) a copy of any flood risk assessment; Yes. The Flood Risk Assessment, Appendix 21.2 of the Environmental Statement Technical

Appendices (Document 6.3.21 (2)) has been provided along with the application.

(f) a statement whether the proposal engages one or more of the matters set out in section 79(1) of the Environmental Protection Act 1990 (statutory nuisances) and if so how the applicant proposes to mitigate or limit them;

Yes.

A Statement of Engagement with Section 79(1) of the Environmental Protection Act 1990

(Document 5.3) has been provided along with the application.

It is not expected that the construction or operation of the Project would engage Section 79(1) by

causing statutory nuisances, however the draft Development Consent Order (Document 3.1)

contains a provision at Article 7 to provide a defence to proceedings for statutory nuisance.

The Statement of Engagement with Section 79(1) of the environmental Protection Act 1990

(Document 5.3) sets out the proposed mitigation measures regarding statutory nuisance and notes

how these will be incorporated into the DCO.

(g) any report identifying any European site(s) to which regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994

16 applies; or any

Ramsar site(s), which may be affected by the proposed development, together with sufficient information that will enable the Secretary of State to make an appropriate assessment of the implications for the site if required by regulation 48(1);

Yes. Report to inform Habitats Regulations Assessment (Document 5.4)

(h) a statement of reasons and a funding statement (where the application involves any compulsory acquisition);

Yes. A Statement of Reasons (Document 4.1) has been provided.

16

Now Regulation 61 of the Conservation of Habitats and Species Regulations 2010 SI2010/490.





(i) a land plan identifying:- (i) the land required for, or affected by, the proposed

development;

(ii) where applicable, any land over which it is proposed

(iii) water bodies in a river basin management plan, together with

an assessment of any effects on such sites, features, habitats or bodies

likely to be caused by the proposed development;

Yes.

Land Plans (Document 2.2 (a) to (c))

Plan Showing Special Category Land Plan (Document 2.3)

(j) a works plan showing, in relation to existing features:-

(i) the proposed location or (for a linear scheme) the proposed

route and alignment of the development and works; and

(ii) the limits within which the development and works may be

carried out and any limits of deviation provided for in the draft order;

Yes. Works Plan (Document 2.4 (a) and (b))

(k) where applicable, a plan identifying any new or altered means of access, stopping up of streets or roads or any diversions, extinguishments or creation of rights of way or public rights of navigation;

Yes.

Access to Works Plan (Document 2.5(a) and (b))

Temporary Stopping Up of Public Rights of Way Plan (Document 2.6(a) and (b))

(l) where applicable, a plan with accompanying information identifying:-

(i) any statutory/non-statutory sites or features of nature

conservation e.g. sites of geological/ landscape importance;

(ii) habitats of protected species, important habitats or other

diversity features; and

(iii) water bodies in a river basin management plan, together with

an assessment of any effects on such sites, features, habitats or bodies

Yes.

Statutory or Non-Statutory Sites or Features of Nature Conservation Plan (Document 2.7(a) and

(b)).

An assessment of any effects on such sites, features, habitats or bodies likely to be caused by the

proposed development is contained within Volume 1of the Environmental Statement (Document

6.1) in the following chapters:

Chapter 7 Marine Geology, Oceanography and Physical Processes;





likely to be caused by the proposed development; Chapter 10 Benthic Ecology;

Chapter 11 Fish and Shellfish Ecology;

Chapter 12 Marine Mammal Ecology;

Chapter 13 Offshore Ornithology;

Chapter 19 Geology and Ground Conditions;

Chapter 23 Terrestrial Ecology;

Chapter 24 Onshore Ornithology.

(m) where applicable, a plan with accompanying information identifying any statutory/non-statutory sites or features of the historic environment, (e.g. scheduled monuments, World Heritage sites, listed buildings, archaeological sites and registered battlefields) together with an assessment of any effects on such sites, features or structures likely to be caused by the proposed development;

Yes

Plan showing statutory or non-statutory historic or scheduled monument sites/features of the

historic environment (Document 2.8(a) and (b)).

An assessment of any effects on such sites, features or structures likely to be caused by the proposed

development is contained in the following documents:

Volume 1, Chapter 25 Onshore Archaeology and Cultural Heritage of the Environmental Statement

(Document 6.1.25).

(n) where applicable, a plan with any accompanying information identifying any Crown land;

Yes

Plan showing any Crown land (Document 2.9(a) and (b)).

(o) any other plans, drawings and sections necessary to describe the development consent proposal showing details of design, external appearance, and the preferred layout of buildings/structures, drainage, surface water management, means of vehicular and pedestrian access, any car parking and landscaping;

Yes.

The Applicant has identified the plans that have been supplied under Regulation 5(2)(o) of the APFP

Regulations in Box 23 of the Application Form for the East Anglia THREE Offshore Windfarm

(Document 1.2);





Location plan (Document 2.1(a) and (b));

Important Hedgerows plan (Document 2.10);

Radar line of sight coverage plan (Document 2.11);

East Anglia ONE and East Anglia THREE Offshore Overlay Plan (Document 2.12).

(p) any of the documents prescribed by Regulation 6 of the APFP Regulations

17

Yes

The Applicant has confirmed in Box33 of the Application Form for the East Anglia THREE Offshore

Windfarm (Document 1.2) the documents that must accompany the application.

"For an offshore generating station, Regulation 6(1)(b) requires details of the proposed route and

method of installation for any cable and a statement as to whether applications will be made for

safety zones to be provided. Further details can be found below and in the following documents:

Cable Statement (Document 7.1);

Safety Zone Statement (Document 7.2).

(q) any other documents considered necessary to support the application; and

Yes.

Application Form (Document 1.2);

Cover letter to the Planning Inspectorate (Document 1.1);

Section 132 Statement (Document 4.4);

Consents and licences required under other legislation (Document 5.5);

Schedule of Mitigation (Onshore) (Document 6.7);

17

These are documents which are relevant to specific types of project (generating stations, highway related development, railways, harbour facilities, pipelines, hazardous waste facilities, dam or reservoirs). Confirm in each case the type of project and the relevant documents which must be included with the application in each case





Schedule of Mitigation (Offshore) (Document 6.8);

Outline Code of Construction Practice (Document 8.1);

Planning Statement (Document 8.2);

Design and Access Statement (Document 8.3);

Outline written scheme of investigation (Onshore) (Document 8.4);

Outline written scheme of investigation (Offshore)(Document 8.5);

Outline landscape and ecological management strategy (Document 8.6);

Outline traffic management plan (Document 8.7);

Outline travel plan (Document 8.8);

Outline access management plan (Document 8.9);

Outline offshore operations and maintenance plan (Document 8.10);

Outline navigation monitoring strategy (Document 8.11);

In principle monitoring plan (Document 8.12);

Draft Great Crested Newt licence application (Document 8.13);

Health Impact Review (Document 8.14);

Draft Marine Mammal Mitigation Protocol (Document 8.15);

Outline Temporary Works Reinstatement Plan (Document 8.16);

Offshore Construction Environmental Management Plan (Document 8.17);

Site Characterisation Report (Document 8.18);





(r) if requested by the Secretary of State, two paper copies of the application form and other supporting documents and plans.

Yes

Two paper copies of the Application Form and application documents were submitted to the Planning

Inspectorate on 18th

November 2015.





3.4 Are the plans, drawings or sections submitted A0 size or smaller, drawn to an

identified scale (not smaller than 1:2,500 on land) and, in the case of plans, show

the direction of north18

?

No.

All plans and drawings are A0 size and each plan shows the north arrow.

All plans displayed a revision.

All plans are submitted at a scale of 1:2500 apart from the following (excluding key plans):

• Location plan (Document 2.1 (a) to (b));

• Land plan (Document 2.2(a) to (c));

• Plan showing special category land (Document 2.3)

• Works plan (Document 2.4(a) to (b));

• Temporary stopping up of public rights of way plan (Document 2.6(a) to (b));

• Plan of statutory/non-statutory sites or features of nature conservation

(Document 2.7(a) to (b));

• Plan showing statutory or non-statutory or scheduled monument sites/features

of the historic environment (Document 2.8(a) to (b));

• Plan showing any Crown land (Document 2.9(a) to (b));

• Important Hedgerows plan (Document 2.10);

• Radar line of sight coverage plan (Document 2.11);

• East Anglia ONE and East Anglia THREE offshore overlay plan (Document 2.12).

3.5 Where a plan comprises three or more separate sheets has a key plan been Yes.

18

Regulation 5(3) of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009





provided showing the relationship between the different sheets19

? In all instances where three or more separate sheets comprise a plan a key plan is provided showing

the relationship between different sheets.

3.6 Has the applicant had regard to DCLG guidance ‘Planning Act 2008: Application

form guidance’, and has this regard lead to the application being prepared to a

standard that the Secretary of State considers satisfactory?

This guidance has been followed by the Applicant.

Summary - s55(3)(f) and s55(5A) It is considered that the application is in compliance with the requirement s, save for the offshore

plans which are provided at a scale because the development covers a very large area of sea. These

plan still show with sufficient accuracy the limits within which the proposed development may be

carried out, when taken together with the grid coordinates in the draft Order.

The Infrastructure Planning (Fees) Regulations 2010 (SI106)

Was the fee paid at the same time that the application was made? The fee was paid to the Planning Inspectorate on 15th

October 2015.

The Consultation Report Ends Here

19

Regulation 5(4) of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009