Abstract
Forewind Limited (the Applicant) has applied to the Secretary of State for a development consent order (DCO) under section 37 of the Planning Act 2008 (as amended) (the PA 2008) for the proposed Dogger Bank Creyke Beck wind farm (the Application). The Secretary of State has appointed an Examining Authority (ExA) to conduct an examination of the Application, to report its findings and conclusions, and to make a recommendation to the Secretary of State, as to the decision to be made on the Application.
The relevant Secretary of State is the competent authority for the purposes of the Habitats Directive, the 2010 Habitats Regulations and the Offshore Marine Regulations for applications submitted under the PA 2008 regime. The findings and conclusions on nature conservation issues reported by the ExA will assist the Secretary of State in performing the duties under the 2010 Habitats Regulations and the Offshore Marine Regulations.
This Report on the Implications for European sites (‘the Report’) compiles, documents and signposts information provided within the DCO application, and the information submitted throughout the examination by both the Applicant and Interested Parties.
This Report is issued to Interested Parties including: Natural England (NE), the Joint Nature Conservation Committee (JNCC) and the Marine Management Organisation (MMO). The ExA also addressed questions in the examination, to Natural Resources Wales (NRW) and Scottish Natural Heritage (SNH) in relation to the European sites located in Wales and Scotland respectively, which the Applicant identified within their HRA Report submitted with their DCO application. This was to ensure that these bodies are consulted on habitats regulations matters. This process may be relied on by the Secretary of State for the purposes of Regulation 61(3) of the 2010 Habitats Regulations and Regulation 25(3) of the Offshore Marine Regulations.