Argyll Array seabed Lease Area. Criteria and communications with 1st Minister or his delegate

Dear Mr Hughes,

I refer to your emails of the 2^nd February requesting information under
the Freedom of Information Act. I set out our response to your questions
as follows:

Please supply the geographical/environmental/or geological
(seabed)criteria you used to underpin your decision to grant exclusive
offshore lease agreement for a 1.8Gw wind farm (361 km2)in the lease area
known now as Argyll Array on 16th Feb 2009?

The Crown Estate has not granted a lease agreement for Argyll Array or any
of the other sites passing through to award of an agreement. In February
2009 ScottishPower Renewables was granted an Exclusivity Agreement. This
is not a lease and it specifically does not confer rights of tenure. It
provides ScottishPower Renewables a period of exclusivity over the site
during which period The Crown Estate has undertaken not to award similar
rights to another. This is the first stage in awarding an offshore wind
site in Scottish territorial waters; the grant of any further rights is
wholly subject to the outcome of a Strategic Environmental Assessment
(SEA), which is currently nearing completion by the Scottish Government.
For the avoidance of doubt, The Crown Estate did not identify the site.
The site was identified by ScottishPower Renewables and included within a
detailed application submitted in response to an open market invitation to
tender in 2008.

Why was this area specifically chosen?

The area was chosen by ScottishPower Renewables as being feasible for
offshore wind development.

Was the area chosen under any criteria whatsoever that involved its
relationship and close proximity to the land mass known as the Isle of
Tiree?

The Crown Estate was not involved in choosing the site area and is
therefore unable to offer comment on the criteria applied.

Did the Scottish Government have any input whatsoever into the decision
process to place the area now known as the Argyll Array lease (or words to
that affect) exclusive offshore lease agreement, prior to your news
release of 16th Feb 2009?

The Scottish Government were advised of the applications received and of
the proposed awards by The Crown Estate in order for the government to
understand and comment upon the scale of awards and site locations.

If yes what was the level of their involvement?

A number of meetings took place between The Crown Estate and the Scottish
Government prior to, during the site application and evaluation period and
post award. The Scottish Government determined to undertake a Strategic
Environmental Assessment in the light of the proposed awards.

Was Jim Mathers MSP or Alex Salmond MSP 1st minister involved in the
decision making process that ultimately lead to the area now known as the
Argyll Array lease being decided on as a round one option?

The Crown Estate dialogue with the Scottish Government before, during and
immediately after the tender process was with officials, primarily within
the Energy Department. The award of exclusivity agreements provided a
level of site security whilst the formal SEA process was undertaken.
Following publication of the Scottish Government's post adoption statement
in relation to the SEA The Crown Estate will consider the award of
Agreements for Lease (AFL) for each of the Scottish territorial waters
sites. The AFL is essentially an option agreement which will provide
developers with the right to a lease providing certain conditions have
first been met, including the grant of all necessary consents.

If you are not satisfied with my response, you may complain or appeal our
decision, which will be investigated through an Internal Review. If you
are not content with the outcome of the Internal Review, you have the
right to refer your complaint directly to the Information Commissioner for
a decision. Please note that the Information Commissioner cannot make a
decision unless you have first exhausted our own complaints procedure.

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Mr Hughes,

The tender sought developer applications for offshore wind development within Scottish territorial waters (i.e. out to 12nm from baselines around the Scottish coast).

The Exclusivity Agreements were awarded as a means of providing exclusivity whilst the Scottish government’s offshore wind strategic environmental assessment (SEA) was undertaken. They were designed to run for the period from award to completion of the SEA process. There is a short period post completion for The Crown Estate and developers to consider the outcome of the SEA before deciding whether to enter into an Agreement for Lease.

I hope this clarifies our response and answers your subsequent questions.

Martin Brazier.

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