Today Bournemouth Borough Council argued that it would be unlawful for ‘the turbine mitigation option’ (Plan B, the new scaled down version of the Navitus Bay wind farm) to be considered as part of the current examination process.
Speaking at the first of the issues hearings, Bournemouth Borough Council argued that the amended scheme was unlawful because it constituted a material change from the initially submitted scheme, that it was inconsistent with European law relating to environmental impact assessment and that submitting the amended scheme at such a late stage in proceedings was unfair.
“We maintain that there are currently no grounds for the Secretary of State to consider Plan B as an amendment to the current proposed wind farm,” said leader of Bournemouth Borough Council, Councillor John Beesley.
“To justify doing so would require there to have been a technical change which led to a change in the development. All the changes made by Navitus Bay, however, relate to existing technology or data. If Navitus Bay wants a new scheme to be considered then it should submit a new DCO and Environmental Statement. The detail of the new ‘mitigation option’ has only been available for a matter of days and it would be enormously difficult to adequately consider Plan B while the current DCO is being examined.
“ It is unfair of Navitus Bay to submit this new scheme and expect local councils, interested parties and the local community to respond in such a short time frame. The consultation and examination process should start from scratch with a new DCO and Environmental Statement being submitted so that the proper consultation process can be followed.”
