Offshore wind—permits and permissions
Produced in partnership with Helen Mitcheson of Trowers & Hamlins LLP
Offshore wind—permits and permissions

The following Planning practice note Produced in partnership with Helen Mitcheson of Trowers & Hamlins LLP provides comprehensive and up to date legal information covering:

  • Offshore wind—permits and permissions
  • Legislative and policy context for offshore wind development in the UK
  • Planning and development of offshore wind farms
  • Offshore development between 1 and 100MW
  • Offshore development of more than 100MW
  • Pre-planning and application for DCO
  • Pre-application
  • Stakeholder consultation
  • Environmental Impact Assessment
  • Habitats Regulations Assessment
  • More...

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.

Legislative and policy context for offshore wind development in the UK

Under European Directive 2009/28/EC (the Renewable Energy Directive), the UK is required to derive 15% of its energy use from renewable sources by 2020. In 2014, the European Council agreed an EU framework for climate and energy policy to 2030 which included an EU-wide binding target of 32% for renewable energy by 2030. This target was implemented in Directive 2018/2001/EU (the Renewable Energy Directive 2018). The Renewable Energy Directive 2018 recasts the Renewable Energy Directive 2009 and will revoke it in 2021. Member states are required to transpose the objectives of the Renewable Energy Directive 2018 into national law by 30 June 2021. This is after the Brexit transition period. The UK government has not yet consulted on implementation.

In January 2019, BEIS published the UK’s draft National Energy and Climate Plan (the NECP) for 2021 to 2030. Although the NECP does not

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