Project Development and Consenting

Session A4 | Day 1, Tue 29 June, 14.00-15.15pm

Session Summary
A planning system to deliver 2020 - Consenting for delivery. We have around 40GW licensed, with short timescales until delivery and a brand new consenting regime. This session will explore whether this new regime will be able to cope with the scale and speed of the offshore wind development process and explore exactly what we need to get this capacity consented.

• Dr. Carolyn Heeps, Company Secretary, COWRIE
• Pauleen Lane, Deputy Chair, Infrastructure Planning Commission (IPC)
• Ashley Holt, Marine Management Organisation (MMO)
• Julian Boswall, Partner, Burges Salmon LLP
• Marcus Trinick, Partner, Eversheds LLP

	Chair & Speaker: Dr. Carolyn Heeps, Company Secretary, COWRIE The Role of COWRIE in Project Development and Consenting COWRIE has provided the industry with the necessary forum and platform to work constructively with regulators and key stakeholders in the development and dissemination of best practice. In turn this has promoted sustainable development practices and improved decision-making based on strong and improved scientific understanding. COWRIE has made all its research findings publically available on its website, which has gained an international reputation as a source of authoritative scientific publications with practical applications for industry. COWRIE’s work has demonstrated that we are an industry committed to finding practical solutions to de-risking development at an early stage through robust Environmental Statements and appropriate mitigation measures. This has led to improved “consentability”, the public availability of increasing amounts of environmental data and a good working relationship between the industry, regulators and conservation advisors and other key stakeholders. The provision of best practice guidance and development of standard methodologies for various survey techniques has added value to the further development of offshore wind energy in the UK. Biography Dr Carolyn Heeps (Company Secretary COWRIE) joined Fred Olsen Renewables Limited in July 2009. As the Offshore Projects Manager she is responsible for an expanding portfolio of offshore wind and other marine renewable energy projects. Before this she was the Head of Marine Policy and Sustainable Development at The Crown Estate. She has over 20 years experience in marine resource management, academia, research, consultancy and training. She has a broad marine background including experience in seabed surveying, marine conservation and interpretation, environmental impact assessment, education and training, and project management.
	Speaker: Pauleen Lane, Deputy Chair, Infrastructure Planning Commission (IPC) Major Infrastructure Planning Pauleen will speak to delegates about the work of the Infrastructure Planning Commission, the consenting body for infrastructure proposals of national significance in England and Wales. Her presentation will include: The rationale for planning reform; The intended benefits of new process; How the process works; The role of Commissioners; The future of the IPC; The context of off shore infrastructure; Details of proposals anticipated to the IPC. Biography Pauleen is a civil engineer by training and has taught on the Geotechnics Masters programme at the University of Manchester School of Engineering. She is an elected member of Trafford Council and a board member of the Tenants Services Authority. She is a Trustee of the New Local Government Network and of the Theatres Trust. She is a board member of the Coal Authority and of the Football Licensing Authority. Pauleen was previously Deputy Chair of English Partnerships, a board member of the North West Development Agency and an Audit Commissioner. She was awarded a CBE in 2005 for services to local government.
	Speaker: Ashley Holt, Programme Manager, Round 3 Wind Energy, Marine Management Organisation Biography Ashley Holt is Round 3 Wind Energy Programme Manager for the Marine Management Organisation. Prior to this he was Marine Environment team Transition Director for the Marine and Fisheries Agency, where he oversaw the transfer of the team to its new location and preparations for the MMO. Ashley Holt has worked in a range of roles spanning practical environmental regulation through to strategic planning and change management in a number of organisations in government. Key areas Ashley has worked on include: Licensing of major wastewater infrastructure projects and asset management planning including major marine schemes; River basin planning; Policy appraisal and development; Delivery strategy and governance and operation of government delivery bodies. Ashley is a Member of the Chartered Institute of Water and Environmental Management and is a Chartered Water and Environmental Manager.
	Speaker: Julian Boswall, Partner, Burgess Salmon LLP Consenting Round 3 through the IPC Julian will consider a variety of issues in relation to consenting Round 3 through the Infrastructure Planning Commission including: Expected changes to the IPC regime under the Coalition Government and how to manage the risk which that uncertainty gives rise to; Current issues emerging from IPC applications to be submitted in 2010, including the approach to “preliminary environmental information” and ensuring the IPC accepts the application; Getting the consenting of OFTO assets right, given the mismatch between the OFTO award process and the required ZDA delivery timetables; Appropriate assessment and the possible need to invoke imperative reasons of overriding public interest (IROPI) test. Biography Julian Boswall is a partner with Burges Salmon LLP. Julian has been active in the offshore wind sector since 2001 and chaired the consents session of the first BWEA Offshore Wind conference in 2002. He advised on a number of schemes in Round 2, including the 500MW Greater Gabbard project, which is the first project consented outside UK territorial waters, using the bespoke provisions under the Energy Act 2004. He is currently advising on the consenting of over 4,000MW of projects in Rounds 3 and 2.5. Julian sits on the Renewable UK offshore wind consents and licensing group. In addition to offshore wind, Julian is advising on a variety of onshore wind projects including the 299MW Pen y Cymoedd project in South Wales for Nuon Renewables. He regularly appears as an advocate at public inquiries. Julian has lectured and written widely on consenting electricity projects through the IPC. He has advised on large scale electricity consenting since 1994 covering all the main technology sectors. He is ranked in Chambers as a leading individual within renewable energy. Burges Salmon are a leading national law firm and are currently Infrastructure and Energy Law Firm of the Year, awarded by The Lawyer magazine. Their Offshore Wind Group has wide ranging experience in the sector having advised on Round 3 bids, M&A, consenting, real estate, grid and construction matters. The Burges Salmon Planning and Environment Group are one of the largest specialist groups in the UK, and are top ranked in the legal directories. They are currently acting on Infrastructure Planning Commission projects across offshore wind, onshore wind, biomass, energy from waste and CCGT.They have given presentations at three workshops for IPC commissioners and secretariat on consenting wind projects.
	Speaker: Marcus Trinick, Partner, Eversheds LLP Content of a Developer Consent Order and Flexibility The Government has introduced the IPC as a one stop shop aimed at speeding up the consenting process for major infrastructure projects. The talk will examine what can and can't be included in a development consent order and how best to prepare yourself for the IPC process. It will also highlight the importance of flexibility and multi stage scoping within the consenting regime. Biography Marcus has played an active part in the evolution of the wind energy industry since 1988. He has been a member of RenewableUK (formerly BWEA) since that year, was Company Secretary from 1994 and has been a Board member from 2000. He was one of the authors of the BWEA Best Practice Guidelines for Wind Energy Development (1994), was a member of a noise working group which produced "The Assessment and Rating of Noise from Wind Farms" (1997), and of particular relevance to this document produced guidance for the DTI on consenting offshore wind projects in 1999/2000. With regard to other near shore experience, he has advised Associated British Ports on a number of port developments, including a new Container Terminal at Dibden Bay in Southampton. Marcus is a planning and environmental lawyer with 27 years experience. He has advised on over 250 onshore and 25 offshore wind energy projects in the UK and in the Republic of Ireland since 1988. He has acquired the following skills and experience in relation to offshore wind energy development during the progress of Round 1 and Round 2 projects: reviewing EIA scoping reports; reviewing draft Environmental Statements; advising on the planning and legal aspects of navigation, fishing, birds, coastal processes, appropriate assessment in respect of designated or prospective Special Protection Areas and Special Areas of Conservation and aviation issues (including the MoD and Radar); advising on conditions, agreements and undertakings in respect of offshore schemes, especially with regard to ornithology; taking an offshore Round 1 scheme through a public inquiry; appearing as advocate at over 45 onshore wind farm inquiries and therefore gaining experience in addressing conflicts of evidence in relation to a wide number of issues. Marcus has advised on the following offshore Round 1 and Round 2 wind energy developments: London Array; Gunfleet Sands; Kentish Flats; Teeside; Westernmost Rough; Humber Gateway; Race Bank; Lynn; Inner Dowsing; Robin Rigg (two schemes); West of Duddon Sands; North Hoyle; Rhyl Flats; Gwynt y Mor; Walney; Scarweather Sands; Lincs; Docking Shoal; Cromer; Sheringham Shoal; Tunes Plateau; Shell Flat (3 schemes). Marcus is listed in Chambers 2008 as the leading renewable energy lawyer in the UK.