Page type: primary-anchored (mirrors Electricity (Offshore Generating Stations)(Applications for Consent) Regulations 2006, SI 2006/2064)
Offshore Generating Stations: Applications for Consent
The Electricity (Offshore Generating Stations) (Applications for Consent) Regulations 2006 set out the procedural requirements for applying for consent under Electricity Act 1989 s.36 to build or operate offshore generating stations in England and Wales.
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Last updated: 2026-04-05
Scope
This instrument governs applications for s.36 consent for offshore generating stations located within the Renewable Energy Zone or England and Wales territorial waters. It does not extend to Scotland, which has its own offshore consent regime.
For projects exceeding 100 MW, the Planning Act 2008 Development Consent Order (DCO) regime has largely superseded this route. The Regulations remain relevant for sub-100 MW offshore projects and extensions to existing consented stations.
Application procedure
Publication (Reg 4)
Applicants must publish notices in local newspapers (two successive weeks), Lloyd's List, national newspapers, relevant fishing trade journals, and the London Gazette.
Service (Reg 5)
Notices must be served on statutory consultees: JNCC, Environment Agency, heritage bodies, Maritime and Coastguard Agency, and relevant harbour authorities.
Objections (Reg 7)
Minimum 28-day period for objections. Relevant planning authorities have 4 months.
Fees (Reg 9)
| Capacity | Fee |
|---|---|
| Up to 200 MW | GBP 5,000 |
| 200 to 500 MW | GBP 12,000 |
| Over 500 MW | GBP 20,000 |
| Extension only | GBP 1,000 |
Fee levels reflect 2006 prices.
Cross-references
- Electricity Act 1989, s.36: the substantive consent power
- Energy Act 2004, s.188: Renewable Energy Zone provisions
- Planning Act 2008: DCO regime for >100 MW projects