East Anglia THREE Offshore Wind Farm

The list below includes a record of advice we have provided for this project. For a list of all advice issued by the Planning Inspectorate, including non-project related advice, please go to the Register of advice page.

There is a statutory duty, under section 51 of the Planning Act 2008, to record the advice that is given in relation to an application or a potential application, including the name of the person who requested the advice, and to make this publicly available.

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Enquiry received via email
We have received two letters from you – your ref EN010056 addressed to a Nicholas Ridley care of our firms address and whilst you have cited a reference for our firm , this does not look like our normal reference and we cannot trace having been involved in this matter.

Please could you confirm where you obtained our details in order to assist us in checking whether this matter is actually one of ours.
The Applicant for the proposed East Anglia THREE Offshore Wind Farm has included Nicholas Ridley, care of your firms address, within Part 1 of their Book of Reference. This means that they have been identified as having a Category 1 interest under section 57 of the Planning Act 2008 (PA2008).

Category 1 interest is defined within the PA2008 as follows: ‘A person is within category 1 if the applicant, after making diligent inquiry knows that the person is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land (s57(1))’. This is in relation to land required for the construction of the project.

The Planning Inspectorate must contact the relevant Affected Persons (of which Mr Ridley would be one) related to the proposed development to advise them of key events and procedural decisions made during the period of examination to provide an opportunity for comments to be made by those persons.

The reference number that would have been included in the correspondence sent to you has been generated from our mailing list. The reference we have on our system relating to Mr Ridley is EATH-AFP085 and relates to land at the north west of Cornerways, Brock Lane, Martlesham, in the District of Suffolk Coastal. This can be viewed on Land Plan 13 of 24. This should provide you with the information that you need to ascertain the impact on your client of the project.

10 August 2016
Birketts LLP - Nicola Doole
Enquiry received via email
I am afraid your 14 page letter and schedules is complete “gobbledegook” to me however I would like to know if any compensation is being paid to residents who’s property will be down valued by the proposed work.

I live on Tye Lane which already has a lot of electricity pylons. I live at xxx xxxxx

The addition of two new sets of pylons will reduce the value of my property significantly albeit that they are down the hill from my property. Post the new pylons the whole area between my property and Bramford will look like some giant electricity substation. And the views towards the enormous carbuncle which the substation will become will remove any views we have from the rear of the property.

My property is already down valued by an existing pylon but it will be further affected by the new development.

|I realise I cannot stop the development but wanted to know if I just have to accept the loss in value for my home.
Thank you for your email of 15 July 2016.

The applicant for the proposed East Anglia Three Offshore Wind Farm has included you within Part 2 of their Book of Reference. This means that you have been identified as having a Category 3 interest under section 57 of the Planning Act 2008 (PA2008).

Category 3 interest is defined within the PA2008 as follows:

“A person is within category 3 if the applicant thinks that, if the order sought by the application were to be made and fully implemented, the person would or might be entitled: (a) as a result of making the order; (b) as a result of the order having been implemented; or (c) as a result of the use of the land once the order has been implemented; to make a relevant claim”

Relevant claims in this context are not planning matters and cannot be considered by the Planning Inspectorate as part of the examination process. Any claims brought against the applicant in respect of depreciated land values and/or injurious affection would be decided in the Upper Tribunal (Lands Chamber) in conjunction with the National Compensation Code.

We advise you to make contact with the applicant directly for further information on the procedure for applying for compensation should development consent and associated compulsory acquisition powers be granted. The applicant’s contact details are as follows:

Keith Morrison
[email protected]
0141 614 0400

For further information on compulsory acquisition powers under the PA2008, I have attached the Department for Communities and Local Government (DCLG)’s Guidance related to procedures for the compulsory acquisition of land.

If you have any queries relating to the examination of the proposed East Anglia Three Offshore Wind Farm, please do not hesitate to contact us.

19 July 2016
Andrew Swallow
Enquiry received via meeting
response has attachments
Meeting to discuss the finalising of the HRA Evidence Plan prior to submission of the Development Consent Order (DCO) application
See attached note of the meeting

21 October 2015
East Anglia Offshore Wind Ltd - Keith Morrison
Enquiry received via meeting
response has attachments
Project update and feedback on draft documents meeting
See attached note of the meeting

15 October 2015
East Anglia Offshore Wind Ltd - Keith Morrison
Enquiry received via meeting
response has attachments
Project update teleconference.
See attached note of the meeting.

23 September 2015
East Anglia Offshore Wind Ltd - Keith Morrison
Enquiry received via email
response has attachments
Scottish Power submitted a draft HRA Report for PINS review.
See attached advice given.

22 September 2015
Scottish Power - Keith Morrison
Enquiry received via email
response has attachments
Scottish Power submitted a draft of chapters 5 and 6 of the Environmental Statement for PINS review.
See attached advice given.

22 September 2015
Scottish Power - Keith Morrison
Enquiry received via email
response has attachments
Scottish Power submitted a draft Development Consent Order for the Planning Inspectorate's review.
See attached

01 September 2015
Scottish Power - Keith Morrison
Enquiry received via meeting
response has attachments
Evidence Plan meeting
See attached note of the meeting

03 August 2015
East Anglia Offshore Wind Ltd - Keith Morrison
Enquiry received via meeting
response has attachments
A meeting to discuss the progress of the East Anglia THREE offshore wind farm.
See meeting note attached

22 July 2015
Keith Morrison
Enquiry received via meeting
response has attachments
A project update meeting to discuss East Anglia ONE, THREE and FOUR wind farms.
See meeting note attached.

22 April 2015
Keith Morrison
Enquiry received via meeting
response has attachments
A project update meeting for East Anglia THREE and FOUR offshore wind farms.
See meeting note attached.

02 March 2015
Keith Morrison
Enquiry received via email
Request information on when views on the project can be submitted.
Apologies for the delay in responding to your email. At present, these projects are at the pre-application stage. Therefore any views that you have on the project should be raised with the Applicant. If an application is submitted to the Planning Inspectorate and accepted for examination, there will be a period of time following that for you to register as an interested party as you did for East Anglia One. At present, the earliest that the Planning Inspectorate is expecting the submission of the first of these 3 projects is late 2014/early 2015.

15 September 2014
Trevor Armstrong
Enquiry received via email
response has attachments
The applicant contacted the Planning Inspectorate seeking a view on how an IROPI (Imperitive Reasons of Overriding Public Interest) case should be presented, at what point in the proceedings such a case should be put forward, and if there is any guidance in place now or planned for the future.
Thank you for your enquiry, I have spoken with colleagues in the Environmental Services Team and the Planning Inspectorate are able to provide the information provided below which will hopefully be of assistance to you in preparing the application.

When preparing an application for Nationally Significant Infrastructure Projects (NSIPs) under the Planning Act 2008 (PA 2008), as amended by the Localism Act 201, applicants must consider the potential effects on protected habitats. If an NSIP is likely to affect a European site and/or a European marine site, the applicant must provide a report with the application showing the site(s) that may be affected together with sufficient information to enable the competent authority to make an appropriate assessment (AA), if required. Where an AA has been carried out and results in a negative assessment (in other words, the development will adversely affect the European site(s), despite any proposed avoidance or mitigation measures, or if uncertainty remains), consent can only be granted if there are no alternative solutions, there are Imperative Reasons of Overriding Public Interest (IROPI) for the development and compensatory measures have been secured.

Applications intending to proceed on the basis of IROPI will need to provide sufficient information to the Examining Authority (ExA) to demonstrate that the three sequential tests required under Article 6(4) of the Habitats Directive have been met. These are as follows:

? There must be no feasible alternative solutions to the plan or project which are less damaging to the affected European site(s);
? There must be ?imperative reasons of overriding public interest? (IROPI) for the plan or project to proceed;and
? All necessary compensatory measures must be secured to ensure that the overall coherence of the network of European sites is protected.

To date there has been only one NSIP case that has proceeded on the basis of IROPI, this was for the Able Marine Energy Park. The link to the project on the National Infrastructure Planning website is provided below. You may wish to review the details of this case to better understand some of the associated issues.

[attachment 1]

We also encourage you to review the Planning Inspectorate Advice Note 10 (AN10) which explains how the four stages of the Habitat Regulations Assessment (HRA) process interact with the stages of the PA 2008. This includes a summary of Stage 3 (assessment of alternatives), Stage 4 (IROPI), and compensatory measures. AN10 can be found at the following location:

[attachment 2]

More detailed guidance is also available from Defra regarding article 6(4) of the Habitats Directive (this is the article of the Habitats Directive that provides a derogation which would allow a plan or project to be approved in limited circumstances even though it would or may have an adverse effect on the integrity on a European site). This document can be accessed here:

[attachment 3]

Given the nature of your enquiry we also remind you of the role of the Major Infrastructure Environment Unit (MIEU) in Defra that supports progress on individual infrastructure projects and intends to improve processes for infrastructure projects by:

a) Playing a key early risk management role to identify issues associated with the Directives for projects;
b) Ensuring collaboration between all parties to support resolution of issues as necessary;
c) Introducing and overseeing a new process for agreeing evidence requirements; and
d) Providing greater clarity to developers on key requirements.

We understand and welcome that you have been working with the MIEU to develop an evidence plan to provide a formal mechanism to agree upfront with relevant stakeholders the HRA information you need to supply to us as part of a Development Consent Order (DCO) application.

The Planning Inspectorate has also recently published its Prospectus for applicants which sets out our service for applicants at the pre-application stage of the NSIP process, I enclosed a link to this in a previous email but have included it below for ease of reference. Of particular relevance here is our ability to review and comment on draft documents including draft HRA reports and our ability to offer detailed advice under Section 51 in relation to the applicant?s approach to HRA. The prospectus can be accessed at the link below:

[attachment 4]

I trust you will find this information useful; however, we would welcome the opportunity to discuss and understand this issue with you in more detail perhaps by telephone or at a meeting.

16 June 2014
East Anglia THREE Limited - Keith Morrison
Enquiry received via meeting
response has attachments
Project update on both East Anglia THREE and FOUR applications.
Please see the attached meeting note.

26 February 2014
Keith Morrison
Enquiry received via email
EAOL set out the draft timetable for consultation and sought views from the Planning Inspectorate.
Thank you for your email detailing your approach to consultation. This approach appears to be inline with previous advice given on this case.
The timeline does not explicitly mention submitting a s46 notification, this must be received by the Secretary of State on or before you commence s42 consultation.
Furthermore, the time period for consulting the Local Authorities on the content of the Statement of Community Consultation appears to falls wholly within the month of August. The Planning Inspectorate advises that you may wish to consider the implications of this.

05 August 2013
East Anglia Offshore Wind - Keith Morrison
Enquiry received via meeting
response has attachments
Project update on both East Anglia 3 and 4 applications
Please see the attached meeting note

11 July 2013
Keith Morrison
Enquiry received via meeting
response has attachments
Meet hosted by EAOW to provide an update on progress on East Anglia Three and Four and to discuss feedback on scoping. A brief update on East Anglia One was also provided.
Please see the attached meeting note

20 February 2013
East Anglia One Limited - Keith Morrison