It’s a busy summer period so far as consultations in relation to offshore wind are concerned, as the Scottish Government is currently seeking views from stakeholders on the following proposals:
- Update to the Offshore Wind Policy Statement 2020 - The consultation signals a bold new chapter in renewable energy policy as it proposes a revised target of up to 40GW of new offshore wind capacity by 2035 – 2040, a dramatic increase from the target of 11GW by 2030 as set by the OWPS in 2020. Views are also sought on what other actions could be taken by the Scottish Government, UK Government and agencies in order to realise the full potential of Scotland’s offshore wind. The consultation runs until 13 August 2025.
- Draft Updated Sectoral Marine Plan for Offshore Wind Energy - The updated draft integrates the outcomes of the ScotWind and INTOG leasing rounds and introduces spatial frameworks for up to 37.4GW of new capacity including provision for test and demonstration projects. It also refines existing Option Areas and sets out the parameters that will guide marine licensing and section 36 consent decisions, which is hugely significant as the SMP is a material consideration in licensing decisions and is intended to streamline development in-line with Scotland’s net zero goals. The consultation runs until 22 August 2025
- Scottish Strategic Compensation Policy for Offshore Wind – The consultation aims to reform the application of the Habitats Regulations in planning and consenting offshore wind developments. The key proposal is the introduction of a more flexible, proportionate approach to environmental compensation where offshore wind projects result in unavoidable adverse effects on the UK’s protected site network. This would see a shift from strict ‘like for like’ compensation measures to a new compensation hierarchy. This includes wider and strategic measures – interventions that may benefit similar features or the protected network as a whole, rather than the specific impacted feature. This follows on from a previous instance of derogation from the Habitats Regulations as covered in this earlier blog. The policy is intended to unlock barriers to offshore wind and its associated benefits and provide new opportunities for positive investment in Scotland’s marine environment. The consultation runs until 1 September 2025.
The overall message is clear: it remains a key priority for the Scottish Government that offshore wind policies and renewable energy targets are both aspirational and progressive.
In this respect, the stakes are high – not only for climate and energy policy but also for the planning frameworks, energy infrastructure and supply chains that must underpin this transformation. As we have seen before, the focus is on the legal and regulatory systems to support the ambitious yet sustainable expansion of offshore wind while managing the inherent tensions with marine environmental protection, the interests of other sea users and community interests.
All three consultations, while ideally seeking to balance and meet both objectives of further expanding offshore wind development and seeking to protect the marine environment, do appear to hint that where conflicting aspects cannot be reconciled the delivery of offshore wind and additional renewable energy capacity should take priority.
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