Wylfa Newydd Nuclear Power Station
I am writing to seek clarification regarding the environmental impact assessment (EIA) in respect of the examination of the application for an order granting development consent for a Nationally Significant Infrastructure Project (NSIP) for the Wylfa Newydd project. I seek clarification specifically in reference to paragraph 3.26 of the Scoping Opinion.
As you will be aware, NRW is considering applying an exception to the requirement for it to carry out EIA in respect of a marine licence application for marine works associated with the proposed Wyfla Newydd project pursuant to regulation 10(1)(b) of the Marine Works (Environmental Impact Assessment) Regulations 2007 (the 2007 Regulations). In order to apply regulation 10(1)(b) of the 2007 Regulations, NRW has to be satisfied that the assessment of any effects on the environment of the project in question has already been, is being or is to be carried out by another consenting authority; and, that such assessment is (or will be) sufficient to meet the requirements of the EIA Directive in relation to that project.
Therefore, please can PINs confirm that the examination of the DCO application will consider whether the applicant’s Environmental Statement adequately assesses the likely significant effects of the development on the environment from the project as a whole, and not just those activities that would be authorised by the DCO?
We are aware that it is the role of the marine licensing process to identify and secure any appropriate mitigation for marine works, and are only seeking clarification on the consideration of the assessment of potential environmental effects.
Your letter requests confirmation from the Planning Inspectorate with regards to
matters in respect of the examination process. As previously advised, the Planning
Inspectorate confirms that it will be for the Examining Authority to decide how to
examine the application (Section 87(1) of the Planning Act 2008 (as amended));
however, this must be done in accordance with relevant legislation and policy. As I am
sure you will appreciate, the decision to apply the exception in accordance with
Regulation 10(1)(b) of the 2007 Regulations is a matter for NRW.
Paragraph 3.26 of the Secretary of State’s Scoping Opinion (June 2017) is consistent
with the responsibilities of the Secretary of State for projects located within Wales.
These responsibilities do not extend to consenting licensed marine works, which are
the responsibility of NRW. The Planning Inspectorate can confirm that ES adequacy
and the examination of environmental information will be undertaken by the
Examining Authority. The examination will be primarily concerned with the works that
the DCO, if granted, would authorise.