Abstract
Strategic compensatory measures available to offshore wind developers.
As an offshore wind developer, you can use strategic compensatory measures for your derogation case as part of your development consent order and marine licence applications.
You must provide compensatory measures in your derogation case where:
- an adverse effect cannot be ruled out on a protected feature in a marine protected area (MPA)
- you cannot avoid, reduce or mitigate the adverse effect
- there is an overriding public interest for the development to proceed
The derogation process is set out in the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017 (Habitats Regulations). It is also set out under the Marine and Coastal Access Act 2009 (MACAA).
Compensatory measures provide ecological compensation when protected sites are adversely affected by offshore wind development. In this guidance, ‘compensatory measures’ refers to both:
- compensatory measures under the Habitats Regulations
- measures of equivalent environmental benefit (MEEB) under MACAA