5. Stakeholder Engagement and Consultation

5.1. Introduction

  1. This chapter of the Array Environmental Impact Assessment (EIA) Report summarises the stakeholder engagement and consultation undertaken by Ossian Offshore Wind Farm Limited (Ossian OWFL) (hereafter referred to as the ‘Applicant’) during the pre-Application phase of the Ossian Array (hereafter referred to as “the Array”) EIA Report.
  2. This chapter provides an overview of stakeholder engagement and consultation up to submission of this Array EIA Report, aligning with Marine Directorate - Licensing Operations Team (MD-LOT) (Scottish Government, 2018) advice that: “Informal consultation at the pre-application stage and ongoing dialogue with MD-LOT, its advisors and other stakeholders, including local interest groups and the public will also help to ensure that appropriate consideration is given to all stakeholder concerns (including the public) and that opinions are integrated into the project decision making process.”
  3. The Applicant has undertaken thorough stakeholder engagement and has considered all feedback gathered throughout the consultation process as part of the pre-Application stage within the Array EIA Report. Engagement with stakeholders will continue during the post-Application phase to further inform decision making and project design as the Array is further developed.

5.2. Purpose of the Chapter

  1. The Array EIA Report provides the Scottish Ministers, statutory and non-statutory stakeholders with adequate information to determine the likely significant effects (LSE1) of the Array on the receiving environment. This is further outlined in volume 1, chapter 1.
  2. In particular, this chapter along with its accompanying appendix summarises:
  • the policy and legislative context associated with consultation adhered to during the pre-Application phase for the Array;
  • the stakeholder engagement principles applied to the pre-Application phase.
  • a list of stakeholders consulted/approached for feedback; and
  • key feedback received during the pre-Application phase.
  1. Further detail of all pre-Application consultation undertaken is detailed in volume 3, appendix 5.1. Moreover, key stakeholder consultation and feedback received is included within the relevant chapters of this Array EIA Report (volume 1, chapter 6; volume 2, chapters 7 to 20).
  2. As the Array is located in Scottish offshore waters (12 nm to 200 nm), the Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013 that requires the Pre-Application Consultation (PAC) does not apply. Nevertheless, these principles are considered good practice for undertaking public engagement and have been considered and applied, where appropriate, throughout the consultation process (refer to section 5.4 for further information).

5.3. Policy and Legislative Context

  1. Volume 1, chapter 2 presents the policy and legislation of relevance to renewable energy infrastructure. Policy specifically in relation to stakeholder engagement and consultation is contained in the Aarhus Convention (United Nations Economic Commission for Europe (UNECE)) documents and the EIA Regulations and represent best practice in respect of how to consult with members of the public on major projects (Aarhus Centres, 2024).
  2. Table 5.1   Open ▸ and Table 5.2   Open ▸ present a summary of the regulatory and legislative requirements relevant to stakeholder consultation and engagement.

 

Table 5.1:
Summary of the Aarhus Convention Relevant to Stakeholder Engagement and Consultation

Table 5.1: Summary of the Aarhus Convention Relevant to Stakeholder Engagement and Consultation

Table 5.2:
Summary of EIA Directive and Regulations Relevant to Stakeholder Engagement and Consultation

Table 5.2: Summary of EIA Directive and Regulations Relevant to Stakeholder Engagement and Consultation

5.4. Good Practice in Consultation

  1. Throughout the development phase of the Array, the Applicant has carried out consultation with statutory and non-statutory consultees, and with members of the public following the principles and good practice set out below:
  • the Aarhus Convention (Aarhus Centres, 2024);
  • the EIA Regulations;
  • Marine Consenting and Licencing Guidance (Scottish Government, 2018); and
  • the Gunning Principles.
  1. The Applicant has sought to engage with stakeholders throughout the pre-Application phase, following advice from MD-LOT outlined in paragraph 2. In addition, this advice also notes that “Details of all the consultation undertaken as part of the EIA, leading up to application, should also be documented (including how any concerns/issues have been addressed)” (Scottish Government, 2018).
  2. The Applicant has reviewed and considered all feedback provided as part of stakeholder consultation in the pre-Application phase, and this is documented in the technical chapters of this Array EIA Report (see section 5.7).
  3. The approach to consultation for the Array has followed the Gunning Principles of “fair and worthwhile” consultation as proposed in 1985 and accepted by the Mr. Justice Hodgson in Gunning vs. Brent London Borough Council. The Gunning Principles for consultation delineates that consultation is legitimate only when the following four principles are met:
  • proposals must still be at a formative stage;
  • proposals must include sufficient information to facilitate intelligent consideration and thus an informed response;
  • adequate time is given for consideration and response; and
  • consultation responses must be conscientiously considered as part of the decision-making process.
  1. The Applicant is committed to stakeholder engagement across all phases of the Array with statutory stakeholders, non-statutory stakeholders and the public. Throughout the pre-Application phase, stakeholders have been fully informed with development progress and have been provided sufficient opportunity to influence the proposals as they have been developed in advance of Application submission. This approach has allowed the Applicant to consider and, where appropriate, incorporate both technical and non-technical views within the assessment.
  2. As outlined in paragraph 7, although the PAC Regulations do not apply for the Array, its principles have been considered throughout the development of this Array EIA Report. In particular, the principles outlined within the PAC Regulations as stated within Table 5.3   Open ▸ have been followed by the Applicant for the Array.
Table 5.3:
PAC Principles Considered within this Array EIA Report

Table 5.3: PAC Principles Considered within this Array EIA Report

  1. Table 5.4   Open ▸ sets out the guiding principles in relation to stakeholder engagement and consultation that have been adopted by the Applicant in relation to the Array. These principles comply with the Gunning Principles set out paragraph 13.

 

Table 5.4:
Guiding Principles for Stakeholder Engagement and Consultation

Table 5.4: Guiding Principles for Stakeholder Engagement and Consultation