Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 290
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United Kingdom
CfD Key Dates
3. PUBLIC LAW AND
REGULATORY PERMITS
3.1 Planning
If a proposed offshore plant has a capacity
of more than 100 MW, it will be classed as a
nationally significant infrastructure project
("NSIP") under Planning Act 2008 and will
need a development consent order ("DCO")
from the Secretary of State for The Department for Energy Security and Net Zero.
If the proposed plant has a capacity of between 1 and 100 MW, it will need a section 36
consent under the Electricity Act 1989 from
the MMO.
The Wales Act 2017 devolved approval for
offshore wind projects (of any size) to the
Welsh Assembly.
3.2 Generation
A generation licence will be needed by any
new offshore wind project under section
6(1)(a) of the Electricity Act 1989 and is
granted by Ofgem. Applications should be
made to Ofgem and the licence will include
standard conditions and occasionally special conditions.
3.3 Environmental
Where there may be a significant environmental impact, an environmental impact
assessment ("EIA") may be required and
any DCO or planning consents cannot be
issued until it has been taken into account.
Applicants for an EIA should submit environmental statements with any planning applications, ask for a screening opinion (from
the local authority) or ask for a screening
decision (from the Secretary of State).
There may be other consents required, for
example a marine licence may be issued
by the MMO under the Marine and Coastal
Access Act 2009. An applicant for a DCO can
request this as part of a DCO.
