Regulatory framework for offshore wind in England and Wales: Crown Estate leases, marine licences, section 36, DCOs, EIA/HRA, policy, decision-makers and judicial review

Published by a LexisNexis Planning expert

Practice notes

What is offshore wind energy generation?

Offshore wind energy generation captures the movement of air using turbines placed in open waters, most commonly at sea. These offshore turbines feature blades that turn a rotor connected to a generator, mounted on either fixed or floating foundations and secured to the seabed. As the wind rotates the rotor, the generator transforms that mechanical motion into electricity, which is then delivered to the electrical grid via underwater cables for use by end-users.

While offshore and onshore wind farms have much in common, a notable difference is how steadily they can produce power. Output from wind is largely driven by wind conditions, which can vary widely. At sea, wind flow faces fewer obstacles and is therefore generally stronger and more consistent, so offshore turbines are engineered to harness this—offering far higher capacities, typically 8–12 megawatts (MW), compared with onshore machines that usually produce around 3–4 MW. See Practice Note: Offshore wind—technology.

Offshore wind is fast becoming a crucial, safe and renewable energy source, with the UK recognised as a world leader in the growth of offshore wind...

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Paul Maile

Eversheds Sutherland

Paul is a Partner specialising in planning, infrastructure and compulsory purchase and leads the Midlands Planning Team. He has appeared as advocate at numerous high profile public inquiries, and has a particular specialism in energy, infrastructure and residential projects. Paul's workload has included promoting the first onshore wind project requiring a Development Consent Order under the Planning Act 2008; advising on offshore wind projects coming forward under Round 3; promoting a major new reservoir to safeguard future drinking water supplies to the East Midlands; and securing consent for revised proposals to redevelop RAF Upper Heyford comprising over 1000 houses and commercial development.Paul's expertise covers all aspects of the planning process including application strategy, consultation requirements, Development Consent Orders, planning supporting statements, environmental impact assessment, representation at appeals, s106 Agreements, infrastructure agreements, compulsory purchase, town and village green...

Duncan Williams

Deloitte

Duncan specialises in all aspects of the planning process including promoting schemes through the planning system, s106 Agreements, infrastructure agreements, legal challenges / judicial review, planning appeals, advertising regulations, assets of community value and planning due diligence.He has particular expertise in the residential development sector where he is regularly instructed by national house builder clients. Recent highlights include a 1,200 house urban extension to Leighton Buzzard and a 2,300 dwelling development near Cirencester.In addition Duncan has extensive experience acting in the Energy Sector and on corporate transactions where recent notable instructions include helping secure consent for a 4 turbine wind farm near Port Talbot in Wales and on the acquisition of several large scale solar farms for investors.In respect of infrastructure projects Duncan advised Birmingham City Council on the planning aspects of their sale of the redeveloped Birmingham New Street Station, the recent sale of the...

Web page updated on 22/05/2026

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