The place of the Rochdale envelope approach in offshore renewable energy

Abstract

With ever-increasing pressure to produce low carbon energy, the offshore renewables industry is growing at a rapid rate. However, with the currently lengthy process from pre-application to obtaining development consent in England, it can take a number of years from securing a Crown Estate lease to obtaining development consent. During this time, the offshore renewables industry is capable of making significant improvements to technology, producing more efficient and larger models. In order to accommodate for emerging new technology within pre-existing offshore renewable development consent applications, a planning approach conceived by case law – the Rochdale envelope approach – has been transplanted into the planning process for offshore renewables allowing developers to describe their project using general parameters that cater for uncertainties at the time of application. However, with little official guidance, developers have been left to advance the approach in such a way that suits their needs. This article will outline the problems of the current application of the Rochdale envelope approach, and will argue that, if left unchanged, these problems will significantly impede the applications of future developers wishing to construct. The article proposes recommendations to guarantee further development of the offshore renewables industry with fewer regulatory impediments.