The role of the Crown Estate

In many jurisdictions, the licensing of offshore activity is dealt with by the state or by a single state body or authority which grants licenses for offshore renewables activity. The UK system splits out the statutory consenting process from the leasing process. A developer must obtain a statutory consent for its scheme through the relevant application process (for offshore wind projects of any scale this will be a Development Consent Order (DCO)) and must separately secure a Crown Estate lease.

This is consistent with the position onshore where a developer would need to secure the land rights for its scheme from the relevant landowner and separately secure a planning permission (or similar consent).

The role of the Crown Estate is as a landowner which actively manages its estate, including its offshore and marine interests (which are described in detail below). It is a body corporate established by statute and has certain statutory duties set out in the Crown Estate Act 1961, including duties to maintain and enhance the value of its estate