Marine licensing and consenting: offshore renewable energy projects

Information to support applications for generating stations and transmissions infrastructure

Applications require sufficient supporting information to enable MD-LOT to make a determination and to ensure that stakeholders and the public have enough information to make informed representations.

Prospective applicants should consider the timing of their applications for section 36 consent and associated marine licences to ensure that all required supporting information can be provided on application. High quality applications made at the right time will support MD-LOT to meet determination times, allow stakeholders to make informed representations and reduce the risk of requiring additional information.

The checklist (under supporting documents) should be used to ensure all required information is submitted with an application.

Separate marine licences are likely to be required for the decommissioning of offshore renewable energy generating stations and transmission infrastructure. The Marine Directorate (Licensing Operations Team (MD-LOT) should be contacted to provide advice on what is required in support of marine licence applications for decommissioning.

Section 36 consent applications

A letter of application is required for the construction, alteration or extension of an offshore renewable energy generating station (section 36 of the Electricity Act 1989). Applications should be made in writing to MD-LOT.

See the section below on information required to support section 36 consent and marine licence applications. Applicants should state the proposed operational lifetime of their project in their application.

Marine licence applications - what activities to apply for

Where a prospective applicant considers that a marine licence for transmission infrastructure will be transferred to a new licensee, consideration should be given to applying for marine licences for the construction of the transmission infrastructure and marine licences for the construction of the generating station separately. This will simplify the process if the licensee requires to transfer the marine licence for the transmission infrastructure.

MD-LOT encourages applicants to apply for all licensable marine activities required at the same time where possible. All relevant marine licence application forms should be completed included with the application. This will avoid the need to apply for additional marine licences or variations at a later date, for example including known maintenance activity such as blade replacement or rock protection. However it is recognised that this is not always possible. If the detail that is necessary for an application is not available at the time of the application for the generating station and transmission infrastructure, then marine licences can be applied for when required e.g. for unexploded ordnance clearance.

Examples of activities that require a marine licence include:

• Construct, alter or improve works:
  • construction of an offshore renewable generating station (including scour protection for turbine foundations)
  • construction of inter-array cabling and cabling connecting the generating station to offshore substations (including cable protection)
  • construction of offshore sub-station platforms (including scour protection)
  • construction of export cabling (including cable protection)
  • construction of any other infrastructure e.g. meteorological masts (including scour protection)
  • maintenance – e.g. blade replacement
  • maintenance – e.g. replacement of foundation scour protection

• remove any substance or object from the seabed
  • seabed clearance / boulder removal / drilling
  • removing objects e.g. by grapnel run
• carry out any form of dredging
  • e.g. seabed preparation
• deposit any substance or object:
  • the deposit (including moving material with plough) of dredged material
  • the deposit of drilled material
  • depositing objects by way of relocating following seabed clearance
  • deposit of moorings
• deposit or use any explosive substance or article:
  • unexploded ordnance clearance

Section 36 and marine licence applications - supporting information

In addition to the relevant application forms and letter of application, the following information may be required in support of a section 36 consent and marine licence application for the generating station and a marine licence application for the transmission infrastructure.

The checklist (under supporting documents) should be used to ensure all required information is submitted with an application.

Design envelope for section 36 consent and marine licence applications

When applying for offshore renewable energy infrastructure, applications should be made at a time when there is sufficient certainty in project parameters and proposals to enable the required information to be submitted and enable determination of an application.

For renewable energy projects that require an EIA, it is an applicant’s responsibility to consider whether there is a need to use the design envelope approach in order to incorporate flexibility into their project descriptions and applications for a section 36 consent or a marine licence. The design envelope approach should only be used where it is necessary and should not be treated as an opportunity to provide insufficient detail in application documentation. We have published Electricity Act 1989 – section 36 applications: guidance for applicants on using the design envelope.

Where the design envelope approach is used for applications, and approval is granted, it is likely that consents and marine licences will include conditions that require a subsequent approval before all or part of the works permitted by the consent or licence can begin. For example this may include the requirement for further detail on the works to be provided and approved before construction can start. This subsequent approval may be assessed through the EIA multistage process.

Consideration of relevant policies

A summary of how the proposed activity contributes to meeting any relevant policies should be provided with applications.

Environment impact assessment (EIA) report

If an EIA is required, an EIA report must be submitted with an application for a section 36 consent and marine licence. The EIA report must be based on the EIA scoping opinion.

Report to inform habitats regulations appraisal (HRA) if required

Where a project is likely to have a significant effect on a European site under the Habitats Regulations, applications must include information to inform an Appropriate Assessment.

Applicants may wish to provide information to inform a derogation case under the Habitats Regulations if the conclusions of the Appropriate Assessment determine that there are adverse effects to site integrity.

Report to information Marine Protected Area (MPA) assessment if required

Where a project is capable of affecting an MPA, applications must include information to inform the MPA assessment.

Gap analysis

A gap analysis should be provided with the application. The gap analysis should provide a log of the issues raised in the EIA scoping opinion and of the actions taken in respect of each issue, together with a reference to the relevant section of the EIA Report. A gap analysis template is provided with EIA scoping opinions.

Draft notice of application

Applicants must publish a notice of application for the following

• section 36 consent
• marine licence
• EIA

Prior to applications being made, a template will be provided for the notice of application which covers the above requirements. The template should be completed to provide a draft notice and submitted with the application for approval. Publishing the notice of application should only occur once the draft notice has been approved.

To ensure compliance with the relevant legislation, applicants should ensure that the points below are followed. If any of the legislative publicity requirements are not met, the public notice will need to be re-publicised:

• ensure that any instructions given by MD-LOT are followed. A number of publicity requirements are set down in legislation and MD-LOT will advise and instruct on these.
• complete the draft public notice using the templates provided. Applicants must input the requested information into the draft template, applicants should check that all details are accurate.
• ensure the documents listed in the public notice are provided in accessible locations. The specified locations must be as close as practicable to communities likely to be affected by the development and readily available to members of the public.
• ensure that the correct dates are used within the advert. When stating the deadline date for receipt of representations, applicants should consider any local or national public holidays which may affect this deadline.
• the documents listed in the public notice must be made available at the time stated and at the location(s) specified

Information on mitigation and monitoring

Information on mitigation and monitoring may be required as a result of:

• section 36 consent and marine licensing process
• Environmental Impact Assessments (EIA)
• Habitats Regulations Appraisal (HRA)
• Marine Protected Area (MPA) assessment

Mitigation

Information on mitigation is required as part of the marine licensing process to minimise adverse impacts on the environment, human health and legitimate use of the sea.

All adverse impacts should be mitigated to minimise adverse effects on the environment, human health and legitimate use of the sea. Mitigation measures should be proportionate to the adverse effects.

EIA Reports must include a description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment. The description should explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases and may be used in any decision notice.

If an EIA concludes  no significant adverse effects, mitigation measures and monitoring may still be required as part of the marine licensing process, HRA or MPA assessment.

Monitoring 

Reasons for monitoring may include:

• monitoring required as a result of the marine licensing or section 36 consenting process including monitoring to assess compliance with marine licence or section 36 consent conditions
• monitoring to assess effectiveness of mitigation and any adaptive management measures
• monitoring required as a result of the EIA
• monitoring required in relation to compensatory measures

Marine licences can contain conditions to secure monitoring of the activities authorised by the licence.

EIA Reports must, where appropriate, contain a description of any proposed monitoring arrangements (for example the preparation of a post-project analysis).

Where regulatory approval is granted for an EIA project Scottish Minters must consider whether it is appropriate to require monitoring of any significant adverse effects on the environment. Such consideration must include whether monitoring is proportionate to the nature, location and size of the proposed works and the significance of their effects on the environment, having regard, in particular, to the type of parameters to be monitored and the duration of the monitoring. If monitoring is required, consideration must also be given to whether provision should be made for appropriate remedial action.

Scottish Ministers have regard to the six criteria for planning conditions set out in the Scottish Government's planning circular 4/1998 when attaching conditions to marine licences or section 36 consent. Conditions must be:

• necessary
• relevant to planning
• relevant to the development to be permitted
• enforceable
• precise
• reasonable in all other respects

Mitigation and monitoring plans

Where possible all mitigation and monitoring plans required should be submitted with an appropriate level of detail at the application stage for offshore renewable energy projects. This is to ensure that MD-LOT has the information required to make a recommendation or determination on an application and stakeholders are sufficiently informed to make representations.

Where the required level of detail is not available for some aspects at the application stage, MD-LOT, in consultation with stakeholders, can require plans to be submitted after a marine licence or section 36 consent has been granted and these may be assessed through the EIA multi-stage process. Section 36 or marine licence conditions will require the submission of plans that then must be approved by the Scottish Ministers before all or part of the development permitted by the section 36 consent or marine licence can begin.

Certain, more standardised, plans, and in particular those which are less reliant on details of exact project parameters, should be submitted at the application stage.  Such plans should contain sufficient information at the application stage and should not require an update and approval process after consents and licences have been granted, prior to construction starting. Licence or consent conditions will allow plans to be updated if required throughout the operational life of the infrastructure. Where an applicant considers that such plans are not relevant to their project, their application must contain justification for not providing them. From the 1 April 2025 the following plans should be submitted with applications:

• Fisheries Mitigation, Monitoring and Communication
• Written Scheme of Investigation and Protocol for Archaeological Discoveries
• Marine Pollution Contingency Plan for offshore renewable energy
• Invasive Non Native Species Mitigation

Where refined detail on design parameters, mitigation or monitoring is not available at the application stage, consents or marine licences will include conditions that require the following plans to be submitted and approved prior to construction starting. This subsequent approval may be assessed through the EIA multistage process.

If plans are submitted post-consent and assessed through the EIA multi-stage process, the licensee must also include information to satisfy the Scottish Ministers that no significant effects have been identified in addition to those already assessed in the EIA report.

• Design Specification and Layout Plan (including design statement where a project has an adverse effect on visual landscape)
• Navigation Safety Plan
• Lighting and Marking Plan
• Cable Plan
• Emergency Response and Cooperation plan
• Radar Mitigation Plans (where required)
• Vessel Management Plan
• Project Environmental Monitoring Plan
• Construction Method Statement
• Piling Noise Management Plan

• Construction Traffic Management Plan (where required)
• Operation and Maintenance Plan

If derogation is required under HRA, an HRA Compensatory Measures Plan will be required.

Declaration as respects rights of navigation

Applications for a declaration as respects rights of navigation (section 36A of the Electricity Act 1989 in Scottish territorial waters (0-12 nm)) should be made in writing to MD-LOT.

An application for a section 36A declaration as respects rights of navigation must be made at the same time as the section 36 consent application for the construction and operation of a generating station.

Safety zones

Applications for the declaration of a safety zone (section 95 of the Energy Act 2004) should be made in writing to MD-LOT. Information required in support of applications for safety zones can be found in the safety zone guidance.

Applicants must publish a notice of application for a safety zone. MD-LOT will send a template for the notice of application. The template should be completed and submitted with the application for MD-LOTs approval prior to publishing the notice of application.

If safety zones are required, prospective applicants should consider the timing of their application to ensure that required safety zones are in place prior to construction starting.