Stromar Offshore Wind Farm project queries: EIR release

Information requested

Further to my earlier reply today (6 August 2025) regarding your consolidated response to my correspondence on the Stromar Offshore Wind Farm, I am submitting this supplementary response to ensure clarity and completeness.

As noted, your consolidated reply referenced five emails I sent over the course of 2–4 August. I would like to respectfully reiterate that each of those emails raised distinct issues — including procedural, ecological, and statutory concerns — and should be addressed individually. While I appreciate your engagement, a number of specific questions remain unanswered.

To assist in resolving these gaps, I have clearly listed the outstanding questions below, grouped by theme and numbered for ease of reference.

Outstanding Questions Requiring Specific Answers

1. Marine Works Regulations and MPA Screening

1.1. Has a screening determination been made under the Marine Works (Environmental Impact Assessment) Regulations 2007 as to whether the Stromar project will require an MPA assessment?

1.2. If so, when was that determination made, and will it be published?

1.3. If not, what is the trigger and expected timeline for making such a determination?

2. Developer’s Role in the MPA Assessment Process

2.1. While Scottish Ministers are responsible for undertaking the MPA assessment, is the developer expected to submit environmental data or draft assessments to support that process?

2.2. Will MD-LOT expect the Stromar developer’s EIA Report to include material that will inform a future MPA assessment?

3. Status of Commitments in the Scoping Report

3.1. The Stromar Scoping Report states that an MPA assessment will be undertaken. Is this commitment considered part of the formal scoping record?

3.2. If not, does MD-LOT treat such developer commitments as non-binding, even when they relate to statutory obligations (e.g. under the Marine (Scotland) Act 2010)?

4. Existing Advice from NatureScot on MPA Impacts

4.1. Has NatureScot provided any advice (formal or informal) to MD-LOT or Ministers on the Stromar project’s potential impacts on the Southern Trench MPA?

4.2. If so, did that advice indicate that an MPA assessment may or may not be necessary?

5. Transparency and Public Access

5.1. Will MD-LOT publish any screening decisions, draft MPA assessments, or correspondence prior to application?

5.2. Is there a mechanism by which members of the public can request access to such pre-application environmental documentation?

6. Handling of Supplementary Environmental Information

6.1. While I recognise the scoping phase has concluded, can MD-LOT confirm whether the ZIP file I submitted — containing rare bird records, ecological notes, and stakeholder input — will be:

a) Forwarded to the developer; and/or

b) Logged or referenced internally as part of ongoing EIA or MPA-related preparatory work.

6.2. Can you confirm that MD-LOT has not dismissed the material’s relevance, and that it remains open for future consideration?

Response

1. Marine Works Regulations and MPA Screening

1.1. Has a screening determination been made under the Marine Works (Environmental Impact Assessment) Regulations 2007 as to whether the Stromar project will require an MPA assessment?

No determination has been made under the Marine Works (Environmental Impact Assessment) Regulations 2007 (“the 2007 MW Regulations”) in relation to whether the Stromar Offshore Wind Farm (“the Project”) will require a Marine Protected Area (MPA) assessment. The 2007 MW Regulations refer to screening in the context of determining whether an Environmental Impact Assessment (EIA) is required, and do not include provisions for screening specifically in relation to MPAs.

In this case, no screening has taken place as the Project — being a large-scale offshore wind farm — exceeds the thresholds set out in the Regulations and therefore automatically requires an EIA. This is confirmed in our published guidance: Marine licensing and consenting – Environmental Impact Assessment: overview (gov.scot)

The determination on whether an MPA assessment is required will be informed by advice provided by the Statutory Nature Conservation Body (“SNCB”), NatureScot, regarding any potential impacts to MPAs. This will be sought during the consultation period on any applications for sections 36 consent and marine licences for the Stromar offshore Windfarm, should they be received.

1.2. If so, when was that determination made, and will it be published?

As above, a determination has not been made under the 2007 MW Regs in relation to whether the Project will require an MPA assessment.

1.3. If not, what is the trigger and expected timeline for making such a determination?

The determination on whether an MPA assessment is required will be informed by advice provided by the SNCB, regarding any potential impacts to MPAs. This will be sought during the consultation period on any applications for section 36 consent and marine licences for the Project.

2. Developer’s Role in the MPA Assessment Process

2.1. While Scottish Ministers are responsible for undertaking the MPA assessment, is the developer expected to submit environmental data or draft assessments to support that process?

As outlined in published guidance (Marine licensing and consenting: Marine Protected Area assessment - gov.scot), where a proposed activity is capable of affecting a Marine Protected Area (MPA) other than insignificantly, applicants may be required to provide information to inform the MPA assessment undertaken by Scottish Ministers.

For the Stromar Project, the Developer has committed to submitting a shadow MPA assessment alongside the Environmental Impact Assessment (EIA), which will support the Section 36 and marine licence applications.

2.2. Will MD-LOT expect the Stromar developer’s EIA Report to include material that will inform a future MPA assessment?

In line with the publicly available guidance, MD-LOT expects the Developer’s Environmental Impact Assessment (EIA) Report to include material that will inform any future Marine Protected Area (MPA) assessment, should one be undertaken by Scottish Ministers.

3. Status of Commitments in the Scoping Report

3.1. The Stromar Scoping Report states that an MPA assessment will be undertaken. Is this commitment considered part of the formal scoping record?

The Scoping Report submitted by the Developer, along with consultation responses and the Scoping Opinion adopted by the Scottish Ministers, collectively form the basis for determining the scope of the Environmental Impact Assessment (EIA). In accordance with Regulation 6 of the 2017 Marine Works Regulations, Regulation 5 of the 2017 Electricity Works Regulations, and Regulation 12 of the 2007 Marine Works Regulations (collectively “the EIA Regulations”), any EIA Report submitted in support of a Section 36 consent and marine licence application must be based on the Scoping Opinion issued. These documents are publicly available on our website and will be considered in assessing the sufficiency of any future EIA submission for this project.

3.2. If not, does MD-LOT treat such developer commitments as non-binding, even when they relate to statutory obligations (e.g. under the Marine (Scotland) Act 2010)?

The scoping process, as set out in the EIA Regulations, is undertaken to inform the scope of an EIA Report submitted in support of section 36 and marine licence applications.

Statutory obligations, such as those requiring Scottish Ministers to undertake MPA assessments under the Marine (Scotland) Act 2010 and the Marine and Coastal Access Act 2009, will remain on the Scottish Ministers regardless of comments raised during the scoping process, and will be informed by advice provided by the SNCB regarding any potential impacts to MPAs during the consultation period for section 36 and marine licence applications.

4. Existing Advice from NatureScot on MPA Impacts

4.1. Has NatureScot provided any advice (formal or informal) to MD-LOT or Ministers on the Stromar project’s potential impacts on the Southern Trench MPA?

Upon receipt of any application for section 36 consent and marine licences for the Stromar Offshore Windfarm, MD-LOT will undertake consultation in line with legislative requirements. As not application has been received, MD-LOT has not consulted NatureScot on whether the project is likely to have a significant impact on qualifying features of the Southern Trench ncMPA.

4.2. If so, did that advice indicate that an MPA assessment may or may not be necessary?

As above.

5. Transparency and Public Access

5.1. Will MD-LOT publish any screening decisions, draft MPA assessments, or correspondence prior to application?

Documents related to the scoping process are publicly available on MD-LOT’s website (Scoping - Stromar Offshore Wind Farm | marine.gov.scot).

MD-LOT will comply with the necessary publication requirements, should any applications for section 36 consent or marine licences be received.

5.2. Is there a mechanism by which members of the public can request access to such pre-application environmental documentation?

Pre-application environmental documentation — including the Scoping Report, consultation responses, and the Scoping Opinion — is publicly available on MD-LOT’s website (Scoping - Stromar Offshore Wind Farm | marine.gov.scot).

Following submission of section 36 consent and marine licence applications, the EIA Report and supporting documents will also be made publicly available in line with the EIA Regulations.

6. Handling of Supplementary Environmental Information

6.1. While I recognise the scoping phase has concluded, can MD-LOT confirm whether the ZIP file I submitted — containing rare bird records, ecological notes, and stakeholder input — will be:

a) Forwarded to the developer; and/or

b) Logged or referenced internally as part of ongoing EIA or MPA-related preparatory work.

MD-LOT advise that there is currently no live regulatory process to facilitate consideration of the information referenced. Should you wish to submit a representation for consideration containing the information referenced, this should be provided to MD-LOT during the public consultation undertaken on any applications for section 36 consent and marine licences for the Stromar Offshore Wind Farm.

As the scoping phase for the Stromar Offshore Wind Farm has concluded and no active consultation is currently underway, MD-LOT has not forwarded the submitted environmental information to the Developer. Following the adoption of a scoping opinion by the Scottish Ministers, stakeholders are encouraged to share relevant environmental information directly with the Developer.

6.2. Can you confirm that MD-LOT has not dismissed the material’s relevance, and that it remains open for future consideration?

MD-LOT advise that there is currently no live regulatory process to facilitate consideration of the information referenced. Should you wish to submit a representation for consideration containing the information referenced, this should be provided to MD-LOT during the public consultation undertaken for any applications for section 36 consent and marine licences for the Stromar Offshore Wind Farm.

MD-LOT advise that, as the scoping phase has concluded and no active consultation is currently underway, the material is for the Developer to consider in preparation of their EIA and supporting documents. Our understanding is that the materials you reference have been provided by you to the developer.

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