Review of Cabling Techniques and Environmental Effects Applicable

2 Legislation
2.1 Introduction
This section provides an overview of the key UK legislation regulating
developmental activities during the construction, operation and decommissioning
phases of cabling activities associated with offshore wind farm developments.
2.2 Licences and Consents
A statutory consenting process exists through which offshore renewable
development applications are considered in relation to UK policy aims and
international obligations. The consenting process is designed to ensure that
each development decision is made on the basis of a comprehensive balanced
consideration of impacts, both positive and negative.
The consents process in England and Wales is managed by the Department
for Business, Enterprise and Regulatory Reform’s (BERR) Offshore Renewables
Consents Unit (ORCU) and other statutory consenting authorities (the Department
for the Environment, Food and Rural Affairs (Defra), the Department for Transport
(DfT) and the National Assembly for Wales (NAW)). The Scottish Executive is
responsible for administering the consents process for offshore wind farms in
Scottish waters, and in Northern Ireland, the Department for Enterprise, Trade
and Industry (DETI). The above organisations deal with consents received
under the Electricity Act (EA), the Transport and Works Act (TWA), Food and
Environment Protection Act (FEPA) and Coast Protection Act (CPA).
The consents process for offshore wind farms, in England, Scotland and Wales,
is explained in the DTI’s (now BERR) Strategic Planning Framework consultation
paper (2002) and full guidance for the consents process is provided within DTI
(now BERR) guidance notes (2004). National Planning Policy Guidelines (NPPG)
6 sets out national planning guidance for renewable energy developments in
Scotland (Scottish Natural Heritage, 2004). In Northern Ireland, the DETI has
produced a Strategic Energy Framework for Northern Ireland (DETI, 2004) and
the Department of the Environment within the Northern Ireland Assembly has
published details on planning process in Planning Policy Statement 1 – ‘General
Principles’ (Department of the Environment, 1998).
Under the auspices of the Electricity Works (Environmental Impact Assessment)
Regulations 2000 (SI 2000/1927), applications for consent for offshore wind
farms (greater than 1MW) must be accompanied by an Environmental Statement
(ES), the formal presentation of the Environmental Impact Assessment process.
In Scotland, this falls under the Electricity Works (Environmental Assessment
(Scotland) 2000 Regulations (SI 2000/320) and in Northern Ireland, the Electricity
(Northern Ireland) Order 1992 (SI 1992/231). The ES details the nature and
extent of the potential impacts of each aspect of the construction, operation
and eventual decommissioning of the wind farm and associated infrastructure.
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