responses to the examining s second written socg ... · pdf file3 – socg correspondence...

May 2014

Responses to the Examining Authority’s Second Written Questions – Question 86 Appendix 3 – SoCG Correspondence with Beverley and North Holderness Internal Drainage Board

DOGGER BANK CREYKE BECK

Question 86 Appendix 3 © 2014 Forewind Page 1

Document Title Dogger Bank Creyke Beck

Response to EXA’s Second Written Questions

Question 86 Appendix 3 – SoCG correspondence with Beverley and North Holderness IDB

Forewind Document Reference F-EXC-EQ-002-Q86-App3

Issue Number 1

Date 19/05/2014

Drafted by JR

Checked by Tamsyn Rowe

Date / initials check TR 19-May-2014


Question 86 Appendix 3 © 2014 Forewind

Correspondence

List of attached correspondence regarding a Statement of Common Ground (SoCG) between Forewind and Beverley Town Council (BNHIDB):

Email from Jaga Rogalska (Forewind) to BNHIDB sent on 14 May 2014 providing a third issue of the SoCG;

Email from BNHIDB to Jaga Rogalska (Forewind) sent on 14 May 2014 providing edited version of the SoCG;

SoCG Issue 3, submitted from Forewind to BNHIDB;

SoCG Issue 3, edited by BNHIDB and returned to Forewind.



SoCG Issue 3 sent to BNHIDB

F-EXC-CG-014_IDB ON © 2014 Forewind

14 May 2014 Issue 3.0

Statement of Common Ground with Beverley and North Holderness Internal Drainage Board


F-EXC-CG-014_IDB ON © 2014 Forewind Page ii


Statement of Common Ground

Beverley and North Holderness Internal Drainage

Board

Forewind Document Reference F-EXC-CG-014_IDB ON

Issue Number 3.0

Date 14 May 2014

Drafted by Tamsyn Rowe

Checked by Melissa Read

Date / initials check MR 14 May 2014

Revision History

Date Issue Number

Remarks / Reason for Issue Author Checked Approved

20 Oct 2013 Draft Draft SoCG issued Tamsyn Rowe

Melissa Read

Melissa Read

25 Feb 2014 2.0 Updated in response to conference calls and verbal comments by BNHIDB

Tamsyn Rowe

Melissa Read

Melissa Read

13 May 2014 3.0 Updated in response to call Jaga Rogalska

Melissa Read

Melissa Read


F-EXC-CG-014_IDB ON © 2014 Forewind Page iii

Contents

1 Introduction .................................................................................................................. 4

1.1 Reason for this document .................................................................................. 4

1.2 Application Elements within this SoCG .............................................................. 4

1.3 Structure ............................................................................................................ 4

2 Background ...................................................................................................................... 5

2.1 Development description .................................................................................... 5

2.2 Consultation Schedule ....................................................................................... 5

3 Matters of Specific Agreement ................................................................................... 7

3.1 Issues agreed ..................................................................................................... 7

3.2 Issues unresolved .............................................................................................. 7

5 Confirmation of Agreement with Beverley and North Holderness Internal Drainage Board

8

Tables

Table 2.1 Summary of pre-application consultation between Forewind and Beverley

and North Holderness Internal Drainage Board ................................................................ 5


F-EXC-CG-014_IDB ON © 2014 Forewind Page 4

1 Introduction

1.1 Reason for this document

1.1.1 This Statement of Common Ground (SoCG) has been prepared between Forewind and Beverley and

North Holderness Internal Drainage Board (BNHIDB) to set out the areas of agreement and any issues

unresolved between the three parties in relation to the proposed Development Consent Order (DCO) for

Dogger Bank Creyke Beck.

1.1.2 Forewind is a consortium comprising RWE, Scottish and Southern Energy, Statkraft and Statoil.

Forewind is committed to securing all the necessary consents required for the development and

construction of offshore wind farms in the Dogger Bank Zone.

1.1.3 The Guidance for the examination of applications for development consent for nationally significant

infrastructure projects (CLG, February 2012) and The Infrastructure Planning (Examination Procedure)

Rules 2010 highlight the importance of the agreement with stakeholders and submission of SoCG to the

Major Applications and Plans Directorate within the Planning Inspectorate (PINS) during the

Examination stage. A SoCG is defined as a written statement prepared jointly by the applicant and any

interested party, which contains agreed factual information about the application and is a means of

clearly stating any areas of agreement and disagreement between two parties in relation to the

application. It is also useful to ensure that the evidence at the examination focuses on the material

differences between the main parties which might lead to a more efficient examination process.

1.2 Application Elements within this SoCG

1.2.1 BNHIDB District lies within the East Riding of Yorkshire on the north bank of the Humber. The drainage

board has a role in managing water levels within their drainage districts for land drainage, flood risk

management, irrigation, and environmental benefit.

1.2.2 The Rule 6 letter issued by the Planning Inspectorate on Thursday 9 January 2014 states that the

Examining Authority (Exa) would like Forewind to engage BNHIDB in a SoCcG in order to reach

agreement on matters with particular reference to onshore construction and operational effects in

respect of water resources. Subsequently, within the ExA’s second set of questions, Question 86

requests a finalised SoCG with BNHIDB.

1.2.3 The Dogger Bank Creyke Beck onshore cable route is will be buried, and there are a number of

watercourse crossings managed by the drainage board and within their area, along the route. Forewind

has proposed to disapply consents required under Section 23 of the Land Drainage Act 1991 and to

instead capture the requirements of these consents within Forewind’s DCO application for the Dogger

Bank Creyke Beck offshore wind farm. This subject forms the focus of this SoCG.

1.3 Structure

1.3.1 This document starts by setting out the background to the development and the stakeholders who are

entering into the SoCG. It also summarises the pre-application and post-application consultation, and

lists those matters agreed and unresolved with BNHIDB.



2 Background

2.1 Development description

2.1.1 The Dogger Bank Zone is between 123 and 290 kilometres (77 to 180 miles) off the east coast of

Yorkshire and extends over an area of approximately 8,639 km2 (3,336 square miles). The water depth

ranges from 18 to 63 metres (59 to 206 feet).

2.1.2 Dogger Bank Creyke Beck will be the first stage of development of the Dogger Bank Zone, and will

comprise two wind farms, each with a generating capacity of up to 1.2GW (total generating capacity of

up to 2.4GW). The two wind farms will connect to the existing National Grid substation at Creyke Beck,

in the East Riding of Yorkshire.

2.1.3 Dogger Bank Creyke Beck will comprise the following onshore elements, within the East Riding of

Yorkshire:

2.1.3.1 Underground cable transition joint bays at the landfall, north of Ulrome on the

Holderness coast;

2.1.3.2 Underground HVDC export cables running approximately 30 kilometres from the

landfall transition joint bays to the two converter stations;

2.1.3.3 Two converter stations located between Beverley and Cottingham adjacent to the

A1079 and with associated roads, fencing, landscaping and drainage;

2.1.3.4 Underground high voltage alternating current (HVAC) export cables running

approximately two kilometres from the converter stations to the National Grid

substation at Creyke Beck, where connection works will be carried out; and

2.1.3.5 Ancillary works including: temporary working areas, permanent and temporary

access roads, and service corridors

2.2 Consultation Schedule 2.2.1 Forewind has had engagement with representatives from BNHIDB during the pre-application and post-

application stages of the Dogger Bank Creyke Beck project. A summary of key consultations is

provided in Table 2.1.

Table 2.1 Summary of pre-application consultation between Forewind and Beverley and

North Holderness Internal Drainage Board

Date of Contact Form of Consultation

Summary

2 March 2012 Meeting with BNHIDB and Ramboll, on behalf of Forewind

The scheme was introduced, and crossing methods for watercourses were discussed.

4 May 2012 Email from BNHIDB to Forewind

Detailed technical requirements of crossing methods.



8 August 2012 Meeting with BNHIDB and Forewind

Discuss crossing techniques for watercourses, and preferences of the drainage board with regards to methodology.

Aug-Sep 2012 Series of e-mails and letters between BNHIDB and Ramboll/ Forewind

Technical issues regarding works adjacent to watercourses.

26 Oct 2012 Meeting with BNHIDB and Forewind


12 March 2013 Meeting with BNHIDB and Forewind

Project and programme update, discussion on potential crossing licenses required.

31 Oct 2013 Conference Call with BNHIDB and Forewind

Call to discuss disapplication of S23 of Land Drainage Act, and protective provisions.

4 November 2013 Relevant Rep submitted by BNHIDB to PINS

Relevant Representation submitted.

25 February 2014 Letter from Forewind to BNHIDB

Letter outlining requirements and dates for SoCG, and proposing draft protective provisions and summarising obligations on Forewind.

28 February 2014 Email from Forewind to BNHIDB

SoCG sent for final review and sign off.

4 March 2014 Email from BNHIDB to Forewind

Email outlining the BNHIDB position on disapplication of the S23 of Land Drainage Act.

13 May 2014 Phone call with BNHIDB and Forewind

Discussion on the progress of SoCG



3 Matters of Specific Agreement

3.1 Issues agreed 3.1.1 The Dogger Bank Creyke Beck onshore cable route will be buried, and there are a number of

watercourse crossings managed by the drainage board and within their area, along the route. The issue of disapplying S23 of the Land Drainage Act is not agreed between Forewind and BNHIDB. The matter is described in more detail in Section 3.2 below.

3.2 Issues unresolved

3.2.1 Forewind’s has proposed to disapply consents required under Section 23 of the Land Drainage Act

1991 within the DCO, under Section 150 of the Planning Act 2008 (Removal of Consent Requirements).

Wording for draft protective provisions has been provided to the BNHIDB for comment. and to capture

the requirements for these consents within Forewind’s Development Consent Order for Dogger Bank

Creyke Beck. This matter is an unresolved issue between Forewind and BNHIDB. Discussions between

Forewind and BNHIDB are continuing on this issue.

3.2.2 Forewind’s position is outlined in a letter to the BNHIDB dated 25 Feb 2014 (appendix 1 to this SoCG).

The disapplication applies only to Section 23 of the Land Drainage Act. Section 23 gives the drainage

board powers to control flow of watercourses through granting or withholding consent for any works to

erect or alter obstructions to flow in watercourses such as a culvert, or a mill dam, weir or other such

obstructions. The Protective Provisions that are proposed to be added within the Development Consent

Order aim to protect the powers of BNHIDB in relation to this issue.

3.2.3 BNHIB’s position relates to a perceived reduction in the board’s powers on the affected watercourses.

3.2.4 BNHIDB to add in further text regarding position if wanted.

3.2.5 A revised draft Development Consent Order (DCO) was submitted to the Planning Inspectorate at

Deadline III of the examination. This does contain the disapplication of Section 23 of the Land Drainage

Act. The relevant wording in the draft DCO (version 2) is copied below:

Article 10.(1) the following provisions do not apply in relation to the construction of works carried out for

the purpose of, or in connection with, the construction or maintenance of the authorised project-

(c) section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991(a);

3.2.6 If Forewind proposes removal of the above wording from the next revision of the DCO, which comprises

the provision disapplying Section 23 of the Land Drainage Act 1991, the BNHIDB has no further

objection to the Dogger Bank Creyke Beck DCO.

4




Relevant sections of this document:

All sections of the Statement of Common Ground between Forewind, and Beverley and North Holderness

Internal Drainage Board

Signed for and on behalf of Forewind:

Signed:

Name: Lee ClarkeTarald Gjerde

Position: General Manager

Date: 25 February 13 May 2014

Signed for and on behalf of Beverley and North Holderness Internal Drainage Board:

Signed: ______________________________

Name: ______________________________

Position: ______________________________

Date: ______________________________



SoCG Issue 3 edited by BNHIDB

F-EXC-CG-014_IDB ON © 2014 Forewind

14 May 2014 Issue 3.0

Statement of Common Ground with Beverley and North Holderness Internal Drainage Board


F-EXC-CG-014_IDB ON © 2014 Forewind Page ii


Statement of Common Ground

Beverley and North Holderness Internal Drainage

Board

Forewind Document Reference F-EXC-CG-014_IDB ON

Issue Number 3.0

Date 14 May 2014

Drafted by Tamsyn Rowe

Checked by Melissa Read

Date / initials check MR 14 May 2014

Revision History

Date Issue Number

Remarks / Reason for Issue Author Checked Approved

20 Oct 2013 Draft Draft SoCG issued Tamsyn Rowe

Melissa Read

Melissa Read

25 Feb 2014 2.0 Updated in response to conference calls and verbal comments by BNHIDB

Tamsyn Rowe

Melissa Read

Melissa Read

13 May 2014 3.0 Updated in response to call Jaga Rogalska

Melissa Read

Melissa Read


F-EXC-CG-014_IDB ON © 2014 Forewind Page iii

Contents

1 Introduction .................................................................................................................. 4

1.1 Reason for this document .................................................................................. 4

1.2 Application Elements within this SoCG .............................................................. 4

1.3 Structure ............................................................................................................ 4

2 Background ...................................................................................................................... 5

2.1 Development description .................................................................................... 5

2.2 Consultation Schedule ....................................................................................... 5

3 Matters of Specific Agreement ................................................................................... 7

3.1 Issues agreed ..................................................................................................... 7

3.2 Issues unresolved .............................................................................................. 7


78

Tables

Table 2.1 Summary of pre-application consultation between Forewind and Beverley

and North Holderness Internal Drainage Board ................................................................ 5



1 Introduction

1.1 Reason for this document

1.1.1 This Statement of Common Ground (SoCG) has been prepared to set out the areas of agreement and

any issues unresolved between the parties in relation to the proposed Development Consent Order

(DCO) for Dogger Bank Creyke Beck.

1.1.2 Forewind is a consortium comprising RWE, Scottish and Southern Energy, Statkraft and Statoil.

Forewind is committed to securing all the necessary consents required for the development and

construction of offshore wind farms in the Dogger Bank Zone.

1.1.3 The Guidance for the examination of applications for development consent for nationally significant

infrastructure projects (CLG, February 2012) and The Infrastructure Planning (Examination Procedure)

Rules 2010 highlight the importance of the agreement with stakeholders and submission of SoCG to the

Major Applications and Plans Directorate within the Planning Inspectorate (PINS) during the

Examination stage. A SoCG is defined as a written statement prepared jointly by the applicant and any

interested party, which contains agreed factual information about the application and is a means of

clearly stating any areas of agreement and disagreement between two parties in relation to the

application. It is also useful to ensure that the evidence at the examination focuses on the material

differences between the main parties which might lead to a more efficient examination process.

1.2 Application Elements within this SoCG

1.2.1 BNHIDB District lies within the East Riding of Yorkshire on the north bank of the Humber. The drainage

board has a role in managing water levels within their drainage districts for land drainage, flood risk

management, irrigation, and environmental benefit.

1.2.2 The Rule 6 letter issued by the Planning Inspectorate on Thursday 9 January 2014 states that the

Examining Authority (Exa) would like Forewind to engage BNHIDB in a SoCG in order to reach

agreement on matters with particular reference to onshore construction and operational effects in

respect of water resources. Subsequently, within the ExA’s second set of questions, Question 86

requests a finalised SoCG with BNHIDB.

1.2.3 The Dogger Bank Creyke Beck onshore cable route will be buried, and there are a number of

watercourse crossings managed by the drainage board and within their area, along the route. Forewind

has proposed to disapply consents required under Section 23 of the Land Drainage Act 1991 and to

instead capture the requirements of these consents within Forewind’s DCO application for the Dogger

Bank Creyke Beck offshore wind farm. This subject forms the focus of this SoCG.

1.3 Structure

1.3.1 This document starts by setting out the background to the development and the stakeholders who are

entering into the SoCG. It also summarises the pre-application and post-application consultation, and

lists those matters agreed and unresolved with BNHIDB.



2 Background

2.1 Development description

2.1.1 The Dogger Bank Zone is between 123 and 290 kilometres (77 to 180 miles) off the east coast of

Yorkshire and extends over an area of approximately 8,639 km2 (3,336 square miles). The water depth

ranges from 18 to 63 metres (59 to 206 feet).

2.1.2 Dogger Bank Creyke Beck will be the first stage of development of the Dogger Bank Zone, and will

comprise two wind farms, each with a generating capacity of up to 1.2GW (total generating capacity of

up to 2.4GW). The two wind farms will connect to the existing National Grid substation at Creyke Beck,

in the East Riding of Yorkshire.

2.1.3 Dogger Bank Creyke Beck will comprise the following onshore elements, within the East Riding of

Yorkshire:

2.1.3.1 Underground cable transition joint bays at the landfall, north of Ulrome on the

Holderness coast;

2.1.3.2 Underground HVDC export cables running approximately 30 kilometres from the

landfall transition joint bays to the two converter stations;

2.1.3.3 Two converter stations located between Beverley and Cottingham adjacent to the

A1079 and with associated roads, fencing, landscaping and drainage;

2.1.3.4 Underground high voltage alternating current (HVAC) export cables running

approximately two kilometres from the converter stations to the National Grid

substation at Creyke Beck, where connection works will be carried out; and

2.1.3.5 Ancillary works including: temporary working areas, permanent and temporary

access roads, and service corridors

2.2 Consultation Schedule 2.2.1 Forewind has had engagement with representatives from BNHIDB during the pre-application and post-

application stages of the Dogger Bank Creyke Beck project. A summary of key consultations is

provided in Table 2.1.

Table 2.1 Summary of pre-application consultation between Forewind and Beverley and

North Holderness Internal Drainage Board

Date of Contact Form of Consultation

Summary

2 March 2012 Meeting with BNHIDB and Ramboll, on behalf of Forewind

The scheme was introduced, and crossing methods for watercourses were discussed.

4 May 2012 Email from BNHIDB to Forewind

Detailed technical requirements of crossing methods.



8 August 2012 Meeting with BNHIDB and Forewind

Discuss crossing techniques for watercourses, and preferences of the drainage board with regards to methodology.

Aug-Sep 2012 Series of e-mails and letters between BNHIDB and Ramboll/ Forewind


26 Oct 2012 Meeting with BNHIDB and Forewind


12 March 2013 Meeting with BNHIDB and Forewind

Project and programme update, discussion on potential crossing licenses required.

31 Oct 2013 Conference Call with BNHIDB and Forewind

Call to discuss disapplication of S23 of Land Drainage Act, and protective provisions.

4 November 2013 Relevant Rep submitted by BNHIDB to PINS

Relevant Representation submitted.

25 February 2014 Letter from Forewind to BNHIDB

Letter outlining requirements and dates for SoCG, and proposing draft protective provisions and summarising obligations on Forewind.

28 February 2014 Email from Forewind to BNHIDB

SoCG sent for final review and sign off.

4 March 2014 Email from BNHIDB to Forewind

Email outlining the BNHIDB position on disapplication of the S23 of Land Drainage Act.

13 May 2014 Phone call with BNHIDB and Forewind

Discussion on the progress of SoCG



3 Matters of Specific Agreement

3.1 Issues agreed 3.1.1 The Dogger Bank Creyke Beck onshore cable route will be buried, and there are numerous

watercourse managed by the drainage board within their area that the cable routes will have to cross.

3.1.2 As soon as the Board became aware that this project and proposed agreement was largely seeking the

Board to disapply any of its powers, we have made it quite clear that on a scheme as complex as this it

would not be possible. This is because of the uncertainty of the scheme lack of individual crossing detail

and timespan of when the work might be carried out. This along with our previous experience of utility

service crossings of the Boards ditches. The Board therefore will continue to function with its powers in

relation to this scheme in the normal way.

3.2 Issues unresolved

4


Relevant sections of this document:

All sections of the Statement of Common Ground between Forewind, and Beverley and North Holderness

Internal Drainage Board

Signed for and on behalf of Forewind:



Signed:

Name: Tarald Gjerde

Position: General Manager

Date: 13 May 2014

Signed for and on behalf of Beverley and North Holderness Internal Drainage Board:

Signed: ______________________________

Name: ______________________________

Position: ______________________________

Date: ______________________________

responses to the examining s second written socg ... · pdf file3 – socg correspondence...

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