5. Stakeholder Engagement and Consultation

5.1.        Introduction

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

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

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

 

5.5.        EIA Stakeholder Engagement

5.5. EIA Stakeholder Engagement

  1. A thorough statutory and non-statutory stakeholder engagement process has been undertaken by the Applicant. The Applicant has aimed to present a proportionate Array EIA Report, informed by robust and regular engagement with stakeholders to incorporate advice, address concerns and develop appropriate mitigation required. This has included meetings, correspondence, meeting minutes and provision of digital documentation.
  2. Since the conclusion of the ScotWind leasing round in January 2022, the Applicant has regularly engaged with MD-LOT through quarterly meetings. The purpose of these meetings is to provide general project updates and receive notification of any forthcoming regulatory guidance or updates. NatureScot are invited to attend these calls.
  3. The pre-Scoping workshops for the Array were held in November 2022, covering a range of technical topics. The aim of these workshops was to present the proposed scope of the EIA, available data sets to inform the baseline environment and the approach to assessment that would be presented in the Array EIA Scoping Report. Table 5.5   Open ▸ provides a summary of the topics covered at these pre-Scoping workshops and the stakeholders who attended.

 

Table 5.5:
Summary of the Pre-Scoping Workshops

Table 5.5: Summary of the Pre-Scoping Workshops

 

  1. The Array EIA Scoping Report (Ossian OWFL, 2023; volume 3, appendix 6.1) took account of feedback received at the pre-scoping workshops, setting out the scope of impacts to be assessed as part of the Array EIA Report and the method of assessment to be used. The Array EIA Scoping Report was submitted to MD-LOT in March 2023. Following its review by the Scottish Ministers, it was issued for formal consultation between 16 March 2023 and 04 May 2023, Following the consultation period MD-LOT issued the Ossian Array Scoping Opinion on 14 June 2023 (MD-LOT, 2023; volume 3, appendix 6.2).
  2. The Applicant submitted a draft stakeholder engagement plan (dSEP) which is appended to Array EIA Scoping Report (Ossian OWFL, 2023; volume 3, appendix 6.1). This document aimed to facilitate efficient and streamlined engagement and consultation following publication of the Ossian Array Scoping Opinion during the pre-Application phase.
  3. Following the pre-Scoping workshops, as outlined in the indicative schedule within the dSEP, a series of virtual post-Scoping workshops were proposed. However, due to limited stakeholder availability particularly relating to ecology topics, some consultations occurred over email through submission of consultation notes. These notes have been appended to this report to support the approach followed in the Array EIA Report and are listed below in Table 5.6   Open ▸ .

 

Table 5.6:
Summary of Consultation Notes Issued to Consultees

Table 5.6: Summary of Consultation Notes Issued to Consultees

 

  1. The Applicant carried out bi-lateral engagement alongside the workshops to maintain an open dialogue with all stakeholders throughout pre-Scoping and post-Scoping stages. This took the form of written correspondence, and online and in-person meetings and workshops.
  2. The Applicant have recorded all consultation undertaken pre- and post-Scoping in a stakeholder database using a specialised consultation tool called Tractivity. Volume 3, appendix 5.1 provides a summary of consultation discussions and feedback received in the pre-Application phase (post-Scoping).
  3. The dSEP outlined other key topics requiring post-Scoping consultation, including marine archaeology, shipping and navigation, aviation, military and communications, commercial fisheries, and socioeconomics. Key discussions and feedback are noted below:
  • Marine Archaeology – meetings and written correspondence with Historic Environment Scotland (HES) to discuss scoping out of the marine archaeology chapter from the Array EIA Report. Following this consultation and provision of the draft marine archaeology technical report and outline Written Scheme of Investigation (WSI) and Protocol for Archaeological Discoveries (PAD), it was agreed with HES that a marine archaeology chapter would be prepared and submitted as part of the Array EIA Report. In addition, further information on study areas and data sets was provided.
  • Shipping and Navigation –meetings and written correspondence with the MCA, NLB and UK Chamber of Shipping (CoS) has been ongoing to discuss issues and concerns with regard to shipping and navigation within the Array. The Applicant has also engaged with regular commercial vessel operators which use routes in the vicinity of the Array and wider routing in the region to gain an understanding of how the Array may impact them. A Hazard Workshop with various consultees was held in August 2023 to discuss key issues, concerns and hazards within the Array which have been incorporated into the shipping and navigation chapter. In addition, the Applicant has been engaging with Morven Offshore Wind Farm, with and without the MCA, NLB and UK CoS, to collaborate on stakeholder concerns.
  • Commercial Fisheries – meetings have been held with commercial fisheries stakeholders to discuss data sets and key findings of the commercial fisheries technical report and chapter, and to “ground truth” the data used.
  • Aviation, Military and Communications – written correspondence was issued to various aviation stakeholders, including the Ministry of Defence – Defence Infrastructure Organisation (MOD-DIO), NATS and Aberdeen International Airport – Safeguarding, and follow up meetings were held with interested parties to discuss their Ossian Array Scoping Opinion representations and additional concerns with the Array. The stakeholder’s preferred mitigation approaches were also discussed with engagement ongoing on this.
  • Socio-economics – consultation letters were issued to economic development and local authority organisations. As construction and operation and maintenance ports are currently unknown, these letters were issued to local authorities associated with the potential port locations along the east coast of Scotland. These letters summarised the proposed approach to assessing socio-economic impacts, including the economic and social impacts to be considered, and comments were sought from each recipient. Follow up meetings were held with Scottish Enterprise and Dundee City Council to discuss these points further.
  1. The responses captured as part of the pre-Scoping workshops, Ossian Array Scoping Opinion (MD-LOT, 2023) and the post-Scoping consultation events are further detailed within the relevant chapters (volume 1, chapter 6 and volume 2, chapters 7 to 20) and within volume 3, appendix 5.1.
  2. The Applicant has engaged with other developers in the ScotWind leasing East and North-East regions to collaborate on issues of shared concern and to identify opportunities for addressing evidence gaps and identifying mitigation and management solutions at a regional and strategic level to address potential cumulative impacts. Collaboration has taken place across a number of topics including the following:
  • Offshore Ornithology;
  • Shipping and Navigation;
  • Commercial Fisheries; and
  • Aviation, Military and Communications.
  1. The Applicant will continue to engage and contribute to collaborative initiatives throughout all stages of project development and delivery, where appropriate to do so.

5.6.        Other Stakeholder Engagement

5.6. Other Stakeholder Engagement

5.6.1.    Pre-Application Public Consultation

5.6.1. Pre-Application Public Consultation

  1. As the Array is located approximately, 80 km from the Aberdeenshire coast at the closest point it was considered most effective to undertake public consultation virtually to ensure engagement across a broad geographic area.
  2. The Applicant held a virtual Public Exhibition between 22 January to 19 February 2024 to allow members of the public to visit the exhibition, meet members of the Ossian team and ask questions on the proposals for the Array whilst they are still in the pre-application development stage.
  3. The virtual Public Exhibition included a web form to allow visitors to provide comments on the proposals and request further information. The Public Exhibition materials remain live for stakeholders to view, and feedback continues to be accepted via a dedicated Ossian e-mail address and through planned engagement.
  4. The Applicant ran five targeted virtual question and answer (Q&A) sessions, as listed below, seeking to ensure feedback was received from as diverse a range of public groups as possible covering key aspects of the Array EIA. Feedback on these topics was received up until 01 March 2024.
  • Project introduction Q&A undertaken on 24 January 2024;
  • Biological and Physical EIA Q&A undertaken on 30 January 2024;
  • Supply chain Q&A undertaken on 09 February 2024;
  • Human EIA Q&A undertaken on 16 February 2024; and
  • General drop-in session undertaken on 28 February 2024.
  1. Consultation events were advertised in the Fishing News, the Courier (Dundee) and the Press and Journal (including their website and social media platforms) (see Table 5.3   Open ▸ ).

5.6.2.    Stakeholder Engagement Manager

5.6.2. Stakeholder Engagement Manager

  1. Since the development of the Array, a dedicated Stakeholder Engagement Manager (SEM) has been in place to facilitate and support engagement with the community. They have carried out engagement with public, businesses and organisations in the form of virtual and in person meetings. The SEM is available 9 am to 5 pm, Monday to Friday, or alternatively by appointment outside of these hours. Contact details for the SEM have been made available on the Array website, and public exhibitions and online events.
  2. A mailing list has also been created for the Array and is managed by the SEM. This list will be expanded allows members of the public to opt-in to updates of the Array, such as notifications of upcoming public consultation sessions.

5.6.3.    Information Provision and Awareness Raising

5.6.3. Information Provision and Awareness Raising

Fisheries Liaison Officer

  1. A Fisheries Liaison Officer (FLO) has been engaged on Ossian since September 2023 to act as a liaison between the Applicant and the fishing industry. The FLO has the delegated authority to fully represent the Applicant on fisheries related issues, such as attending necessary Commercial Fisheries Working Groups (CFWGs), when in place, and seeking agreement on any necessary works relating to the Array. The Applicant has appointed Natural Power to act as FLO on the Array and Proposed offshore export cable corridor(s) application. The Applicant are also supported by dedicated in-house Commercial Fisheries Manager to lead on the Applicant’s representation on strategic fisheries work.

Information provision, project website and digital information

  1. Stakeholders have had the opportunity to contact the Applicant via e-mail and the project website throughout the pre-Application phase. The SEM has made themself available for virtual, phone or in-person meetings whenever requested by stakeholders.
  2. A dedicated email address has been administered throughout the pre-Application phase at: contact@ossianwindfarm.com.
  3. A dedicated website was hosted by the Applicant and can be found here: https://www.ossianwindfarm.com/.
  4. The Ossian website has been kept up to date with relevant information including information on aspects of the wider project, ways to contact the project team and a document repository for stakeholders to access as required.
  5. The Applicant made available a digital version of the Array EIA Scoping Report (Ossian OWFL, 2023b) via the Ossian website to allow easy access and user flexibility. The Applicant will make digital versions of the Array EIA Report and Array Report to Inform Appropriate Assessment (RIAA) available following application submission.

5.7.        Feedback and Reporting

5.7. Feedback and Reporting

  1. All feedback received throughout the pre-Application phase was recorded and collated by the Applicant including feedback received by non-written means. A separate report outlining the full detail of this consultation is provided within volume 3, appendix 5.1.
  2. The Applicant has reviewed and considered all feedback received throughout the pre-Application process, and as described/sign-posted in this document. This feedback has been used to inform key decisions on the development of the Array and to inform the assessment of the Array through both the Array EIA Report and the Array RIAA (Ossian OWFL, 2024).
  3. Feedback received relating to the Array technical chapters has been addressed in topic chapters (volume 2) and their appendices (volume 3).

5.7.1.    Other Array Feedback

5.8. References

Aarhus Centres (2024). The Aarhus Convention. Available at: https://aarhus.osce.org/about/aarhus-convention. Accessed on: 17 April 2024.

European Commission (2024). The Aarhus Convention and the EU. Available at: https://environment.ec.europa.eu/law-and-governance/aarhus_en. Accessed on: 17 April 2024.

Fishing News (2024). “The quest for net-zero on an epic scale”, Fishing News (print and digital), 15 January 2024. Available at: https://fishingnews.co.uk/news/ossian-wind-farm-the-quest-for-net-zero-on-an-epic-scale-ad/. Accessed on: 28 May 2024.

HM Government (2013). The Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013. Available at: https://www.legislation.gov.uk/ssi/2013/286/contents/made. Accessed on: 15 May 2024.

MD-LOT (2023). Scoping Opinion for Ossian Array. Marine Directorate – Licensing Operations Team. Edinburgh

Ossian OWFL. (2023a). Ossian Array EIA Scoping Report. Available at: https://marine.gov.scot/sites/default/files/ossian_wind_-_array_eia_scoping_report_-_eor0811a.pdf. Accessed on: 24 April 2024.

Ossian OWFL (2023b). Digital Array EIA Scoping Report. Available at: https://ossian-eia.com/offshore-scoping/. Accessed on: 17 April 2024.

Ossian OWFL (2024). Ossian Array Report to Inform Appropriate Assessment (RIAA).

Ossian Wind Farm (2024a). Ossian launches first wind farm Array public consultation. Available at: https://www.ossianwindfarm.com/news/take-part-in-our-public-consultation-for-the-array. Accessed on: 28 May 2024.

Ossian Wind Farm (2024b). Ossian public consultation Q&A sessions. Available at: https://www.ossianwindfarm.com/news/links-to-ossian-public-consultation-qanda-sessions. Accessed on: 28 May 2024.

Ramos, B.J. (2024a). “Pioneering project powers Scotland’s net-zero journey”, The Courier, 25 January 2024, pg. 21.

Ramos, B.J. (2024b). “Pioneering project powers Scotland’s net-zero journey”, Press and Journal, 25 January 2024, pg. 22.

Scottish Government (2018). Marine Scotland Consenting and Licensing Guidance. For Offshore Wind, Wave and Tidal Energy Applications. Available at: https://www.gov.scot/binaries/content/documents/govscot/publications/consultation-paper/2018/10/marine-scotland-consenting-licensing-manual-offshore-wind-wave-tidal-energy-applications/documents/00542001-pdf/00542001-pdf/govscot%3Adocument/00542001.pdf. Accessed on: 15 April 2024.