Reforms can assist offshore wind, but it is engagement that will decide

First published in The Herald.

The UK government’s Clean Power 2030 Plan includes some ambitious targets, such as increasing offshore wind capacity from around 15GW to well over 40GW. It is clear that a step change is needed in the speed of delivery of grid and generation infrastructure to come close to meeting these ambitions within stated timescales.

UK and Scottish Governments have recognised that the time it is taking for energy projects to obtain necessary consents already means that policy programmes are under threat. A number of changes being proposed to consenting systems in Scotland, England and Wales therefore aim to speed up the journey of large-scale energy infrastructure projects through the consenting processes.

One of the stated aims of the Planning and Infrastructure Act 2025 is to improve and accelerate consent for such projects. It does so through amendments to, in England & Wales, the Development Consent Order (or DCO) regime; and, in Scotland, the regime established by the Electricity Act 1989.

One aspect being targeted for reform in both jurisdictions is the pre-application stage of the process. It appears at first glance that the Act makes opposite reforms in the two jurisdictions – removing statutory requirements in England & Wales, while adding them in Scotland. However, in both cases the aim is the same: to find the right balance between frontloading and flexibility.

If frontloading is overemphasised, developers are required to include a large amount of information in their initial consultation materials (some of which may be of limited materiality to decision making). Thereafter developers often feel constrained in making amendments to projects (even changes which may be positive to communities and stakeholders) for fear of the programme implications of further rounds of formal consultation. This can lead to unproductive ‘tick-box consultations’ that do not get to the heart of the real issues. None of that is good for developers or for local communities.

On the other hand, if there is too much flexibility in the system, and developers have a great deal of freedom to decide what they include in their applications, the process of consulting on this and then refining the proposal can become very unwieldy, protracted and with inconsistent levels of stakeholder engagement. This is equally undesirable for all concerned.

The proposals in practice

In England, under the current system, which is very prescriptive, stakeholders know they are expected to provide an informed view at key points of the statutory pre-application requirements – including to the developer’s Preliminary Environmental Information Report.

In the proposed new regime that will not be the case, so pre-application feedback could be inconsistent, less comprehensive, or both. In our view, that would increase workloads, slow down progress, and reduce the likelihood of robust and acceptable decisions being made. In Scotland, however, it is proposed that the need for consultation for Electricity Act applications is put on a statutory footing for the first time – increasing the expectations for consultation and the jeopardy should the developer fail to follow the process with precision.

Details of what will be required in practice are still to be firmed up. Building in flexibility to amend and evolve proposals without necessarily repeating rounds of consultation will be important – it would seem that there is an awareness of the difficulties that have been caused by too rigid a system for DCOs in England and Wales which gives hope that a more nuanced, proportionate approach will be adopted.

No matter the system in place for pre-application consultation, its potential to influence development, shorten consenting timelines, minimise negative impacts and maximise opportunities rests squarely with the willingness and ability of developers, stakeholders and the public to engage constructively.

The right levels of resource, experience and attitude deployed early, together with the focus which comes from clear policy drivers for energy development, should help deliver higher quality applications and ultimately higher quality infrastructure.

The big picture

As a nation, we must increase our development of renewable energy generation, and this requires pragmatic and streamlined decisions. To achieve this, we need to see open and honest engagement between developers, stakeholders and the public, so that trust and confidence continue to improve.

These proposed changes may not be perfect, but they are a step forward. We hope that they will re-set the approach to early engagement and thereby encourage a renewed focus on achieving proportionate and effective consultations.

Shepherd and Wedderburn will be attending the Scottish Renewables Offshore Wind Conference, 28 – 29 January 2026, SEC Glasgow. Visit us at stand C9.

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