Aquaculture - Consenting Task Group: draft consenting pilot process

Consenting Task Group outcomes

• Consenting Task Group 1: Delays in the consenting process are minimised by removing unnecessary downtime, duplication, and non-value-added steps. Improved co-ordination between regulators to facilitate communication and streamline the consenting process
• Consenting Task Group 2: The consenting process provides developers with an early understanding of potential constraints, leading to a reduced time to achieve all consents and ensures developers know and understand information required to support a regulatory decision
• Consenting Task Group 3: The consenting process includes simple, clear mechanisms for informing and facilitating third party engagement. Improved transparency and community engagement by ensuring an effective and meaningful opportunity for communities, consultees, and other interest groups
• Consenting Task Group 4: Identify any remaining issues or areas for further exploration within a continuous improvement project and change ideas

Pilot process principles

• a request to one regulator is treated as a request to all 
• pre-application advice should be properly and efficiently targeted from the start 
• capturing stakeholder knowledge of relevant material considerations early in the development process can avoid later delays and improve relationships 
• information requirements should be targeted and clear to avoid unnecessary work 

Caveats

• the following consenting pilot process is draft and subject to change. It is applicable to agreed finfish applications
• we expect pilot delivery to be an iterative process, with feedback loop. We will not get it right first time. We will build from experience

Stage one: Request and provision of joint report for pre-application advice

Process

• discussion with Crown Estate Scotland on Lease Option Agreement
• existing confidential/informal pre-app engagement.
• developer submits pre-application template to regulators, advisors and statutory consultees
• SEPA and the Local Authority identify case officers
• if necessary SEPA will informally discuss the proposal with Nature.Scot.
• SEPA will begin preparation of a coordinated pre-application advice report
• SEPA will provide a draft report to regulators, statutory consultees and advisory bodies to inform their response
• SEPA will contact regulators, statutory consultees and advisory bodies to request signposting to considerations within their remit and relevant policies (matters that will need to be considered as part of a formal application)

Regulators, statutory consultees and advisory bodies will be asked to identify where any potential ‘showstoppers’ exist – if identifiable at this stage. And provide a response for inclusion in the pre-app report.

SEPA will coordinate and compile the report.

• a joint meeting of regulators, statutory consultees and the developer to discuss the proposal should be considered
• SEPA will share  draft pre-application advice with the developer
• the developer will review the pre-application advice report. The developer will have 21 days to raise any issues
• SEPA will publish the pre-application advice report on its website and share a link to the report to the stakeholders and developer

Pre app form distribution list

• SEPA, Relevant local authority, Nature Scot, Relevant District Salmon Fisheries Board, MD- Fish Health Inspectorate, Marine Directorate Licensing Operations Team, Marine Directorate Science, Northern Lighthouse Board, Maritime and Coastguard Agency, Historic Environment Scotland

Supporting documents

• standard pre-application template
• joint pre-application advice template 

Suggested timescale

10 weeks

Stage two: community and third-party engagement

Process

• the developer will review its community engagement plan
• the developer will notify relevant community and third parties of the pre-application advice report.
• the developer will conduct proportionate third-party engagement using methods best suited to the development proposals and third-party interests. The engagement mechanism preferred by third parties will be met as far as is possible.

As part of the engagement exercise, the developer will be clear on the information sought and how information will be used  with guidance from SEPA/LAs on-material considerations)

Distribution list

• Standardised list to be agreed based on locale, including, for example; the relevant Community Council(s) for the area, Regional Inshore Fisheries Group, Fisheries Management Scotland, RYA and other third parties.

Supporting documents

• developing community engagement guidance
• to develop: standardised community engagement report template

Suggested timescale

• not time bound
• Stage three: screening/ scoping opinion request and issue of a joint scoping opinion report and advice

Process

• the outputs of community engagement will be reviewed by SEPA and the LA
• SEPA will review and update the pre-application report, where necessary, considering the issues raised via third party consultation. The updated report will be published.
• the developer will submit an EIA scoping  request to the local authority, including what they intend to assess as part of EIA and the proposed information collection methodology. This will include feedback from public/ stakeholder engagement and mitigation where possible.

or

• the developer will request a screening opinion
• the local authority will commence EIA screening and scoping activities

Where EIA is required, The local authority, with advice from SEPA and other statutory consultees, will review and agree the proposed information collection methodology

• the local authority will coordinate a screening opinion report, and joint pre-application advice and supporting information requirements
• the local authority will share a draft scoping opinion and joint advice report with the developer, copied to regulators and statutory consultees. A meeting will be offered to discuss the scoping opinion and joint advice
• the draft scoping opinion and joint advice report will be published on the local authority website
• the developer will submit collected information to the local authority and SEPA
• the local authority and SEPA will confirm if the information submitted is sufficient to support an application

Pre-application is complete.

Supporting documents

• joint scoping opinion and pre-application advice template

Aquaculture - Consenting Task Group: draft consenting pilot process

File type

7 page PDF

File size

169.0 kB