Offshore wind - strategic compensation policy: strategic environmental assessment

8 Appendix 2 - Screening and Scoping Consultation Comments

A screening and scoping exercise was carried out by Scottish Government in 2023. This exercise covered both the potential development of nature positive policy and strategic compensation policy. Since this time, the policy developed and assessed in this SEA Environmental Report is focussed solely on strategic compensation.

Consultation responses were received from the following Consultation Authorities during the screening and scoping exercise. The key points raised are captured in Table 3, along with an explanation of how their views have been considered in this Environmental Report. To note, references to individual sections/tables, refer to sections/tables of the Screening and Scoping report, rather than sections of this SEA Environmental Report.

Consultation Authority Comment

NatureScot

• Response: NA

Screening: Agree with the conclusions of the screening report that the proposed policy may have significant environmental effects.

• Response: SEA progressed.

The screening and scoping report, considers two distinct policies which are intended to secure: 1. Nature positive delivery of offshore wind farms 2. Delivery and implementation of strategic compensation measures for offshore wind. We suggest that there are important distinctions between these two aspects (partly in relation to legal tests associated with the latter policy) which might require clearer separate consideration of the two policies within the SEA process with cross referencing between them.

• Response: The policy developed and assessed in this SEA Environmental Report is now focussed solely on strategic compensation policy.

Marine Strategic Compensation Policy for Offshore Wind Development: Section 2.1.2 identifies that this requirement will work in tandem with the specific requirements for compensatory measures required under the Habitats Regulations. It may not always be necessary to work in tandem, as there may be occasions when compensation measures are not required at any level for an offshore wind project, but all developments would be required to meet the requirement to be nature positive.

• Response: Noted. The policy developed and assessed in this SEA Environmental Report is now focussed solely on strategic compensation policy.

Marine Strategic Compensation Policy for Offshore Wind Development: The proposed guidance sounds useful and we suggest that a draft version could be considered as part of the SEA process.

• Response: Principles considered within the Strategic Compensation Policy form the basis of the SEA. Policy team in Scottish Government engaged throughout development of the SEA to ensure key aspects of the policy relevant to the SEA are drawn upon.

Strategic Compensation for Offshore Wind Development Policy: Section 2.2.3 refers to a framework for considering these points, but there is then mention (Section 2.2.4) of a ‘wider framework’ for consenting on offshore wind developments that impact on protected sites’. It would be useful if this nested approach could be clarified.

• Response: Further detail is provided in the Strategic Compensation Policy.

Both aspects: We recommend clarity as to whether the policy / policies will be applied to all offshore wind projects including ScotWind, INTOG and any future wind farms.

• Response: SEA and Strategic Compensation Policy sets out that once adopted, this policy will be applicable to any relevant future offshore wind projects and associated offshore transmission infrastructure^[367] (see Section 2.1.1 of this report).

Both aspects: There will also need to be consideration for those projects that may be submitting applications shortly (and waiting determination) on whether there will be transitional aspects to the policy and/or if it will be retrospectively applied.

• Response: Transitional arrangements are being considered by Scottish Government.

Both aspects: We also request clarity on the spatial extent of each policy i.e. is it solely for the marine aspects (any works consented / licenced below MHWS)?

• Response: The spatial extent of the policy is set out in Section 2.1.6 of this report.

Both aspects: For the Strategic Compensation Policy, how will this interlink with the National Planning Framework (NPF4) Policy 3 requesting that development proposals contribute to the enhancement of biodiversity? Detailed consideration of this aspect should form part of the policy development and accompanying SEA ER, particularly considering cable landfalls.

• Response: The spatial scope of the policy is the Scottish inshore region (0 – 12 nm) and the Scottish offshore region (12 – 200 nm), with specific focus being on offshore wind developments. The geographical scope of the policy extends up to Mean High Water (MHW) springs, and therefore also include intertidal elements. Regions where protection continues on land (e.g., seabird colony SPAs) are also in the scope of the policy, and therefore this SEA (see Section 2.1.6 of this report).

SEA Topics: Biodiversity, flora and fauna – agree should be scoped in.

• Response: SEA topic of Biodiversity, Flora and Fauna has been scoped in.

SEA Topics: Biodiversity, flora and fauna In table 1 net gain is mentioned. What will this mean in practice? What amount is considered to be a net gain etc.? Will it mean replacing the same features or different features etc.? This should be further explained in the SEA process. We also advise that coastal and terrestrial environments may need to be considered.

• Response: Further details are set out in the Strategic Compensation Policy. The SEA has focused on assessing the core principles of the Strategic Compensation Policy. This has included consideration of taking measures for impacted features and not having measures associated with the impacted feature. Coastal and terrestrial are considered where there is a pathway of effect. The geographical scope of the policy extends to MHW.

Population and human health – agree this can be scoped out.

• Response: SEA topic of Population and Human Health has been scoped out.

Soils – consideration of habitats should be under biodiversity, fauna and flora. No mention is made of the export cable corridor and impacts to coastal landforms/soils from landfalls. All geodiversity interests (marine and coastal) should be assessed.

• Response: N/A

Water – some aspects of positive biodiversity measures may also be beneficial for the status of water quality. We advise this is too early to be scoped out.

• Response: SEA topic of Water has been scoped in.

Air –agree air can be scoped out.

• Response: SEA topic of Air has been scoped out.

Climatic factors –agree that this should be scoped in.

• Response: SEA topic of Climatic Factors has been scoped in.

Material assets –agree that this can be scoped out.

• Response: SEA topic of Material Assets has been scoped out.

Cultural heritage – agree this should be scoped in.

• Response: SEA topic of Cultural Heritage has been scoped in.

Landscape / seascape – we disagree that should be scoped out. There may be aspects around both positive benefits and compensation measures that might need to be considered due to impacts on landscape / seascape.

• Response: SEA topic of Landscape/Seascape has been scoped in.

In Section 3.3.4 we advise cross-border as well as transboundary impacts should be considered.

• Response: Cross-border and transboundary impacts have been considered within the SEA (see Section 4.12).

We are happy to assist with the provision of any baseline information relating to the management of the MPA network including European sites, but advise that JNCC may also need to be contacted for sites beyond 12nnm for site management information.

• Response: NatureScot consulted on first draft of Baseline sections of the report. Publicly available information from JNCC drawn into the assessment.

SEA objectives – it may be helpful to consider whether the objectives will be different between the two key aspects of positive nature and / or strategic compensation. The current set are high level and we think it would be helpful to be clear for each policy objective whether it relates to the nature positive or the strategic compensation policy or both.

• Response: The policy developed and assessed in this SEA Environmental Report is now focussed solely on strategic compensation policy.

Biodiversity, flora and fauna objective wording: Safeguarding and Enhancement of marine and coastal ecosystems, including species and habitats, and their interactions; Maintain and enhance the coherence of the National Site Network and ensure conservation objectives for protected marine areas are not hindered; Progress toward Good Ecological Status of water bodies (this should be moved to water); To minimise the adverse impacts of anthropogenic noise introduced into marine and coastal waters on marine European Protected Species and fish species. (added)

• Response: Final SEA objectives set out in Section 3.6.12 Proposed wording incorporated with adjustments. Anthropogenic noise covered by inclusion of achievement of Good Environmental Status within the SEA objectives.

Soils objective wording: Currently the objective reads: to maintain, protect and enhance the character and integrity of the seabed, we suggest the following: To support an enhanced functioning of the seabed to improve ecological value to improve biodiversity. To increase coastal resilience and enhance coastal habitats. To reverse and reduce adverse impacts impacting on ecosystem function and productivity to support and enhance biodiversity.

• Response: Final SEA objectives set out in Section 3.6.12 Proposed wording adopted.

Water objective wording: Moved from biodiversity, flora and fauna Progress toward Good Ecological Status of water bodies

• Response: Final SEA objectives set out in Section 3.6.12 Proposed wording incorporated with adjustments. Objective also includes reference to Good Environmental Status.

Climatic factors objective wording: We suggest some additional text: To enhance resilience and preserve and enhance existing marine and coastal carbon stocks and carbon sequestration potential.

• Response: Final SEA objectives set out in Section 3.6.12 Proposed wording adopted.

Cultural heritage objective wording: We suggest some changes: To conserve and / or enhance protect cultural and historical heritage associated with the marine and coastal environment To conserve and protect minimise impacts to cultural and historical heritage associated with the marine and coastal environment

• Response: Final SEA objectives set out in Section 3.6.12 Proposed wording incorporated with adjustments.

Landscape / seascape objective wording: To minimise adverse coastal landscape character and/ or visual impacts.

• Response: Final SEA objectives set out in Section 3.6.12 Proposed wording adopted.

We welcome the intention to identify and assess reasonable alternatives as the policy / policies are progressed.

• Response: Reasonable alternatives considered throughout the assessment, and specifically addressed in Section 3.5.

It would also be helpful to understand if compliance, monitoring and / adaptive management will be addressed within the policy/ policies.

• Response: Yes, these are considered within the principles.

Consideration should be given to cumulative impact assessment across and within the policy / policies, including how it will be assessed, by whom and at what stage.

• Response: Cumulative effects assessed in Section 4.10.

Natural England

• Response: NA

Marine Strategic Compensation Policy for offshore wind developments: Natural England have noted recently that a number of transmission assets, or export cables, have come through planning as separate DCO/Marine License applications to the generation assets. In the case of separate applications, we recommend consideration of whether transmission assets may also require nature positive outcomes. It is possible therefore that the definition should be broadened to include offshore wind generation and transmission assets and associated infrastructure, which could also include any future hydrogen components.

• Response: SEA and Strategic Compensation Policy sets out that once adopted, this policy will be applicable to any relevant future offshore wind projects and associated offshore transmission infrastructure^[368] (see Section 2.1.1 of this report).

Strategic Compensation for Offshore Wind development policy: Of particular import may be potential requirements for delivery of strategic compensation for adverse effect on benthic habitats from the installation of cables and associated protection in English waters from generation assets in Scottish waters, and the delivery of compensation measures in relation to adverse effect from collision risk from Offshore Wind Farm arrays in Scottish waters on highly mobile bird species which are a feature within English Marine Protected Areas.

• Response: NESO’s HND and HND-FUE is being assessed under a separate SEA which will consider potential adverse effects on benthic habitats from cable installations, including the effects of transmission cables from Scottish assets which traverse English waters. In terms of potential adverse effects from collision from offshore wind farm arrays in Scottish waters, a separate SEA and Habitats Regulations Appraisal Appropriate Assessment Information Report (HRA AAIR) has been carried out for the SMP-OWE. Project level HRAs are also being carried out for individual offshore wind farm arrays, which will consider the relevant legislation for impacts in English waters.

Proposed SEA Objectives: There is duplication of the objective: Maintain and enhance the coherence of the National Site Network and ensure conservation objectives for protected marine areas are not hindered.

• Response: Final SEA objectives set out in Section 3.6.12

Proposed SEA Objectives: Natural England would welcome consideration of whether moving Marine Protected Areas towards achieving favourable condition should be included as an objective.

• Response: Final SEA objectives set out in Section 3.6.12

We recommend that Marine Protected Areas in English waters and associated policy should be recognised here. There is the potential for future Offshore Wind projects within Scottish waters to impact upon the conservation objectives of Marine Conservation Zones in English waters designated under the Marine and Coastal Access Act 2009 and consideration of cross boundary Measures of Equivalent Environmental Benefit may therefore be necessary.

• Response: Duties under the Marine and Coastal Access Act included in the SEA. Consideration of MCZs included in the Strategic Compensation Policy (e.g., under coherence and definition of the network).