Offshore wind, wave and tidal energy applications: consenting and licensing manual

This document provides guidance on applying for consents and marine licences for offshore renewable energy projects within both Scottish Territorial Waters (out to 12 nautical miles (“nm”)) and Scottish Offshore Waters (12-200 nm). It updates and replaces the draft Marine Scotland Licensing and Consents Manual published in 2013.


Annex C - Pre-application & Application Protocol Agreement

This protocol agreement between Marine Scotland and <Developer > identifies the key milestones in the Section 36 and Marine Licensing application processes and sets out the information required to process the applications and the dates by which this will be done. This protocol agreement is not legally binding and is entered into without prejudice to the determination by the Scottish Ministers of the application to which it relates.

Reference number:
<A reference number will be generated by Marine Scotland>

Development site location:
<Site>, approximately <XX> km from <reference location>, Region

Brief description of proposal:
Construction and operation of an offshore <XXX>with a maximum generating capacity of <XX> megawatts ("MW")

Decision: Subject to the achievement of the timetable set out in this document, including provision of all necessary information by the applicant/developer and consultees, the Scoping Opinion will be issued by <date> and theapplication will be referred to the Scottish Ministers for determination by <date>.

Project Details

Reference number

<A reference number will be generated by Marine Scotland>

Development site location

Including <Description of location and central grid reference and lat/long.>

Description of development

An offshore <XX> with a maximum generating capacity of up to <XX> MW comprising:

1. <Detail XX>
2. <Detail XX>
3. <Detail XX>
(…)

Application type

OFFSHORE XX – RENEWABLES <e.g. Section 36, Marine licence etc…>

Other consents/licences required?

<list>

Deemed Planning Permission also requested ?

<yes/no>
<Nature of development to be covered by deemed planning permission>

Key Contacts

The persons identified below are the key contacts between Marine Scotland and the Developer/Applicant. The key contacts will liaise regularly on the progress of the application and will contact each other as soon as possible should any matter arise which is considered likely to delay progress with processing the application. (Include names, phone numbers and email addresses)

Applicant

Developer Address (Registered)

<designated person 1 (Post) and contact details>

<designated person 2 (Post) and contact details>

Agent

<details of agent, if any>

MS-LOT Casework Officer

<designated person (Post) and contact details>

MS-LOT Casework Manager

<designated person (Post) and contact details>

Pre-application - EIA Scoping

Key meeting dates and purpose

<date(s)> - <purpose>

e.g. pre-scoping meetings

EIA Scoping Report Preparation

<dates>

Submission of Scoping Request to Scottish Ministers

<date>

Scoping Gatecheck

<date> (MS-LOT will notify applicant within 3 weeks of receipt of request)

Scoping consultation

<proposed date of issue (Developer/Applicant) and deadline for response (MS-LOT to agree with stakeholders (minimum of 30 days or longer period as Scottish Ministers may have agreed with any such body )>

Issue Scoping Opinion

<date – within [5 weeks] of last consultee deadline or within such longer period as agreed with Developer/Applicant>

Further pre-application discussions required?

<date(s)> - <purpose>

Receptor specific scoping meetings

Liaison by developer/applicant with consultees

<Outline what liaison is required with consultees at this stage>

Further information required to inform the adoption of a scoping opinion

Type

Date due

Date received

<date>

<date>

<date>

<date>

<date>

<date>

 

<date>

<date>

 

<date>

<date>

Details of information required to support an Appropriate Assessment (if necessary)

 

Environmental Statement Development

Offshore EIA and ES preparation

<dates>

Survey dates

<e.g. Aerial Surveys, benthic surveys etc.

Pre-application

Key meeting dates and purposes

<date> - <purpose – e.g. gate check meeting>

Pre-application stakeholder engagement

<dates>

Pre-application Public Exhibitions

<dates>

Date Application to be Submitted for gatecheck

<date>

Application gatecheck to be completed by

<date>

Application

Regular liaison meetings between developer/applicant and MS-LOT

<who> <dates> or 'every <x> weeks on <day> at <time>'

s.36 Consent and Marine Licence applications submission date

Agreed Target

Actual

<date>

<date>

Public notices in press (draft notices to be submitted to MS-LOT 2 weeks in advance for agreement prior to arranging publication)

<dates> <where will be published>

Consultation on submitted application with statutory consultees

Who

Start date

End date

<name>

<date>

<date>

<name>

<date>

<date>

<name>

<date>

<date>

Consultation on submitted application with non-statutory consultees

Who

Start date

End date

<name>

<date>

<date>

<name>

<date>

<date>

<name>

<date>

<date>

Date by which submission expected be put to Scottish Ministers with recommendation for determination, subject to satisfactory legal review

<date>

The Developer/Applicant will give Marine Scotland notice of any changes to the timetable at least one month in advance of the earliest changed date.

Signed …………………………………………………… On behalf of Marine Scotland – Licensing Operations Team
Name:
Date:
Position:

Signed …………………………………………………… On behalf of <Developer>
Name:
Date:
Position:

Contact

Paul.Smith@gov.scot

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