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 Business, Enterprise and Regulatory Reform (BERR) 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 windfarm 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, Fisheries Research Services (FRS) in Scotland and the Department of the Environment (Northern Ireland) Environment Heritage Service - EHS(NI).

Further information on the consenting process for offshore windfarms can be obtained by consulting the ORCU Guidance Notes or by contacting the relevant authority direct.