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Permission granted for judicial review of DCOs for two East Anglian wind farms

By: Tom Russell 06/02/2023 UK Court of Appeal

General Windfarms

In UK Court of Appeal, RT. Hon. Lord Justice Warby has granted permission for a judicial review of the Secretary of State's decision to grant Development Consent Orders (DCOs) for two offshore wind farms off the East Coast of the UK.

The claimant, Suffolk Energy Action Solutions, seeks to challenge the decision of the defendant Secretary of State from March last year to grant DCOs for the East Anglia One North and East Anglia Two being developed by ScottishPower Renewables (SPR).

In the opinion of Lord Justice Warby the case “is arguable with a real prospect of success”. The case has been granted permission to proceed in Administrative court.

Previously, permission for judicial review was refused on the papers by Lang J and at a renewal hearing by Lane J.
The claimant Suffolk Energy Action Solutions, is a community group founded in 2019 in order to promote a modular offshore grid (MOG) using brownfield sites closer to London.

Fiona Gilmore, Founder of the Suffolk Energy Action Solutions (SEAS) community group stated: “Lord Justice Warby has identified the core issue and we look forward to getting a substantive judicial review. This is of national public relevance”.
Gilmore adds: “This offshore grid is an imperative if we are going to achieve 50GWs by 2032. There are cost efficiency benefits as well as environmental benefits. The Belgians have been using this MOG for some years now”

Anthony Fincham, Suffolk Energy Action Solutions SPV Director adds: “This case raises important questions concerning the conduct of the developer which will now be examined at a full court hearing. We are committed to seeing through this legal challenge in the hope of a successful outcome leading to a less environmentally damaging onshoring of electricity generated offshore”.

East Anglia TWO and ONE North form part of the company's East Anglia Hub. It also includes the East Anglia THREE offshore wind farm which was awarded a Contracts for Difference by the UK government last year as part of the fourth round of the Contracts for Difference scheme. The three projects will have a combined capacity of around 3,100 MW.

The installation of the East Anglia Hub would follow the East Anglia ONE project which was put into operation in July 2020. Located 43 km off the coasts of Lowestoft and Great Yarmouth, the £2.5 billion project is owned by ScottishPower Renewables (60%), Macquarie’s Green Investment Group (20%), The Renewables Infrastructure Group Limited (14.3%) and InfraRed Capital Partners Limited (5.7%).

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Permission granted for judicial review of DCOs for two East Anglian wind farms

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