No abstract

Wind, wave and tidal energy are widely regarded as being the ‘good guys’ in energy production for their carbon neutral qualities. However, lurking in the shadow of this good reputation is the uncertainty about the impacts that this new technology will have on the marine environment. It could cause a potential conflict between carbon-neutral energy production and the protection of habitats, and the prevention of biodiversity loss. This article presents empirical data collected from three case studies in England and Scotland. This research indicates that the disjointed nature of the consenting processes for offshore renewables does not encourage full assessment of the cumulative impacts of offshore renewable developments as required by European Union environmental impact assessment legislation. The article identifies elements of the consenting processes, which fail to provide a full assessment of cumulative and in-combination impacts, and recommends changes to these processes in England and Scotland.

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No abstract

With ever-increasing pressure to produce low carbon energy, the offshore renewables industry is growing at a rapid rate. However, with the currently lengthy process from pre-application to obtaining development consent in England, it can take a number of years from securing a Crown Estate lease to obtaining development consent. During this time, the offshore renewables industry is capable of making significant improvements to technology, producing more efficient and larger models. In order to accommodate for emerging new technology within preexisting offshore renewable development consent applications, a planning approach conceived by case law-the Rochdale envelope approach-has been transplanted into the planning process for offshore renewables allowing developers to describe their project using general parameters that cater for uncertainties at the time of application. However, with little official guidance, developers have been left to advance the approach in such a way that suits their needs. This article will outline the problems of the current application of the Rochdale envelope approach, and will argue that, if left unchanged, these problems will significantly impede the applications of future developers wishing to construct. The article proposes recommendations to guarantee further development of the offshore renewables industry with fewer regulatory impediments.