Statutory Consents

In addition to permission from The Crown Estate as landowner, potential developers also require statutory consents from a number of government departments. Only when all these are obtained will we grant a full term lease or licence.

The consents required for development may vary as they can be site dependent in both the onshore and offshore environments. However the key offshore consents required include:

• Electricity Act 1989 – Section 36 (or Transport and Works Act 1992)
• Food and Environmental Protection Act 1985 – Section 5
• Coastal Protection Act 1949 – Section 34

The Department for Energy and Climate Change (DECC) as the consenting body responsible for the Electricity Act in England and Wales has set up an Offshore Renewables Consents Unit (ORCU), which acts as a central point for all offshore wind farm consents. In Scotland, the Scottish Government is the consenting body for Electricity Act applications and these are processed by the Energy Consents Unit (ECU). In Northern Ireland the DETI (NI) should be consulted.

The departments responsible for processing Electricity Act consents will also work closely with departments responsible for the other consents required (specifically the MFA, Marine and Fisheries Agency) for England and Wales, Marine Scotland in Scotland and the Department of the Environment (Northern Ireland) Environment Heritage Service – EHS(NI).

Under the 2008 Planning Act, Electricity Act consent applications for all offshore renewable generating stations in English and Welsh waters with a capacity in excess of 100 MW will be considered by the Infrastructure Planning Commission (IPC). Applications will be received by the IPC from 1 March 2010. The IPC is bound to act in accordance with the government’s National Policy Statements (NPS), a series of documents which define the policy position of the government in respect of infrastructure projects. Decisions on specific applications for nationally significant infrastructure projects (NSIPs) will be taken by the IPC in accordance with the relevant NPS.

   Infrastructure Planning Commission

Electricity Act consents for installations with a lower capacity in English and Welsh waters will be considered by the Marine Management Organisation (MMO) from April 2010. The MMO will also consider applications for the other marine consents in English waters whilst Welsh ministers will consider applications for marine licences in Welsh waters. The regimes in Scottish and Northern Irish waters will remain unchanged.

Further information on the consenting process for offshore wind farms can be obtained by contacting the relevant authority direct.