Abstract
This is a record of the Habitats Regulations Assessment (“HRA”) and the Marine Conservation Zone (“MCZ”) assessment that the Secretary of State for Business, Energy and Industrial Strategy has undertaken under the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”), the Conservation of Offshore Marine Habitats and Species Regulations 2017 (“the Offshore Habitats Regulations”) and the Marine and Coastal Access Act 2009 (“MACAA”) in respect of the Development Consent Order (“DCO”) and Deemed Marine Licences (“dMLs”) for Hornsea Project THREE and its associated infrastructure (the “Project”). For the purposes of these Regulations the Secretary of State is the competent authority (under the Habitats Regulations and the Offshore Habitats Regulations) and the public authority (under the MACAA).
The Project will comprise of offshore wind turbines and offshore electrical platforms, and offshore and onshore export cables taking power to onshore electrical substations. The south western boundary of the wind turbine zone is approximately 121 km from the Norfolk Coast and occupies an area of approximately 696 km². The transmission cables will come ashore near Sheringham in Norfolk, and then run underground to the National Grid substation near Norwich. The Project application is described in more detail in Section 2.
The Project constitutes a nationally significant infrastructure project (NSIP) as defined by s.14(1)(a) of the Planning Act 2008 as it is for a generating station of over 100 MW.
The Project was accepted by the Planning Inspectorate (“PINS”) on 8 June 2018 and a four-member Panel of Inspectors (“the Panel”) was appointed as the Examining Authority (“ExA”) for the application. The examination of the Project application began on 2 October 2018 and completed on 2 April 2019. The Panel submitted its report of the examination, including its recommendation (“the ExA’s Report”), to the Secretary of State on 2 July 2019.
Following receipt of the ExA’s report, the Secretary of State requested further information relevant to this HRA on 27 September 2019 and 31 October 2019.
The Secretary of State’s conclusions contained in this report have been informed by the ExA’s Report, and further information and analysis, including the ExA’s Report on the Implications for European Sites (“RIES”) [PD-024] and written responses to it along with the written responses to the request made by the Secretary of State for further information (BEIS 2019)1 including the Kittiwake Compensation Plan2 and Sandbank Compensation Strategy3 documents issued by the Applicant. The Secretary of State has also considered information presented in letters from the Wildlife Trust4 and Natural England5 in response to the draft HRA and Secretary of State’s minded-to decision.
The report also contains analysis and assessment of the potential effects of the Project upon designated
sites in other European Economic Area States (“transboundary sites”). This is included under the
transboundary assessment section of the report (Section 7).