Offshore Wind Development Consent Orders (DCO)

When you need a DCO for offshore wind

Offshore wind farms are classified as Nationally Significant Infrastructure Projects (NSIPs) under the Planning Act 2008 if they exceed capacity thresholds. The DCO process provides all necessary consents for construction and operation in a single application.

Offshore Wind NSIP Thresholds and DCO Routes

NSIP thresholds, Development Consent Order statutory timelines, and application fees for offshore wind projects (2026/27)

Offshore wind farms generating more than 100MW in English territorial waters are classified as Nationally Significant Infrastructure Projects (NSIPs) requiring a Development Consent Order (DCO) under the Planning Act 2008. The process involves pre-application consultation, Planning Inspectorate examination, and Secretary of State decision.

NSIP threshold (offshore wind): More than 100MW in English territorial waters
Below threshold route: Section 36 Electricity Act (for projects less than 100MW)
Onshore wind NSIP threshold: 100MW or more (effective 31 December 2025)
Application acceptance decision: 28 days from submission
Examination period: Maximum 6 months
Planning Inspectorate recommendation: 3 months after examination closes
Secretary of State decision: 3 months after recommendation
Judicial review window: 6 weeks from decision publication
Pre-application average duration: 2 years from project inception
Real-world average total: 4.2 years from inception to consent (increased 65% since 2012)

DCO acceptance fee (2026/27): £8,946 (accompanies application)
Pre-examination fee (single inspector): £25,895 (after Inspector appointment)
Examination fee per day (single inspector): £2,450 final (based on actual examination days)

Statutory process timeline

The entire statutory DCO process from acceptance to decision spans approximately 12 months:

Acceptance stage: Planning Inspectorate has 28 days to decide if application meets requirements
Examination: Maximum 6 months for Planning Inspectorate examination
Recommendation: 3 months for Planning Inspectorate to make recommendation
Decision: 3 months for Secretary of State for Energy Security & Net Zero to decide
Post-decision: 6 weeks for judicial review challenges

Pre-application phases typically take an average of 2 years, making the real-world average total duration 4.2 years from inception to consent.

Understanding the DCO process

The DCO examination process is rigorous and involves multiple stages of consultation, environmental assessment, and public scrutiny. Understanding these stages helps you plan timelines and resource requirements.

Development Consent Order (DCO) Application Process for Offshore Wind

Complete 7-stage NSIP process from pre-application to judicial review for offshore wind projects over 100MW (2026/27).

Offshore wind farms generating more than 100MW in English territorial waters are Nationally Significant Infrastructure Projects (NSIPs) requiring a Development Consent Order (DCO) under the Planning Act 2008. The statutory process spans approximately 12 months from acceptance to decision, though real-world timelines average 4.2 years from inception to consent.

Integrated marine licensing

Marine licensing under the Marine and Coastal Access Act 2009 is integrated with the DCO process via deemed marine licences. These cover construction, operation, and maintenance activities below Mean High Water Springs, eliminating the need for separate Marine Management Organisation (MMO) licensing. Deemed marine licences are included as schedules to the DCO and enforced by the MMO.

Real-world timelines

While statutory timelines total approximately 12 months from acceptance to decision, the real-world average from project inception to consent is 4.2 years (as of 2025). This represents a 65% increase since 2012. Pre-application phases average 2 years due to the complexity of offshore wind EIA, consultation requirements, and iterative engagement with regulators.

Alternative planning routes

The DCO route applies to larger offshore wind projects in England. Smaller projects and those in devolved nations follow different planning frameworks.

Planning Permission for Large Energy Projects

NSIP thresholds for energy infrastructure: when Development Consent Order (DCO) vs Town and Country Planning Act (TCPA) routes apply by project type and geography

Large energy projects in the UK require planning permission through either the Development Consent Order (DCO) route for Nationally Significant Infrastructure Projects (NSIPs) or the standard Town and Country Planning Act (TCPA) route. Which route applies depends on the project type, capacity, and location.

Offshore wind NSIP threshold: More than 100MW in English territorial waters (DCO required)
Onshore wind NSIP threshold: 100MW or more (DCO required, effective 31 December 2025)
Electricity generation NSIP threshold (England): 50MW or more (DCO required)
Electricity generation NSIP threshold (Wales): 350MW or more (DCO required)
Below threshold route (offshore wind): Section 36 Electricity Act (for projects less than 100MW)
Below threshold route (onshore energy): Town and Country Planning Act (TCPA) - local planning authority
TCPA average approval time: Approximately 18 months
DCO average approval time: 20+ months (statutory process: 12 months from acceptance to decision)
DCO pre-application average: 2 years (consultation, EIA, document preparation)

Development Consent Order (DCO) route

NSIPs require DCO under the Planning Act 2008. Applications are submitted to the Planning Inspectorate and decided by the Secretary of State for Energy Security & Net Zero. The statutory process includes:

Acceptance stage: 28 days
Examination: Maximum 6 months
Recommendation: 3 months
Decision: 3 months

Pre-application phases typically take 2 years, making the real-world average 4.2 years from inception to consent for complex projects like offshore wind.

Town and Country Planning Act (TCPA) route

Projects below NSIP thresholds apply to local planning authorities under TCPA. This route typically takes approximately 18 months for energy projects. Applications require consultation with statutory consultees including HSE (for hazardous substances), Environment Agency, and local communities.

Geographic variations

Scotland: Separate planning regime with Scottish Government Energy Consents Unit handling larger projects. Different thresholds apply.

Northern Ireland: Applications handled by Department for Infrastructure with separate regulatory framework.

Wales: Higher NSIP threshold (350MW) means more projects handled by local planning authorities under TCPA compared to England (50MW threshold).

Key milestones and dependencies

The DCO process has critical dependencies:

You must secure an Agreement for Lease from The Crown Estate before submitting your DCO application
Evidence of grid connection progress (Gate 2 milestone) is required to demonstrate project deliverability
Financial close typically requires DCO consent before investors commit funding

Plan for 3-4 years from pre-application to DCO decision, with a further 12-18 months to financial close.

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Offshore Wind Development Consent Orders (DCO)

When you need a DCO for offshore wind

Understanding the DCO process

Alternative planning routes

Key milestones and dependencies

Compliance Assistant

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When you need a DCO for offshore wind

Understanding the DCO process

Alternative planning routes

Key milestones and dependencies

Related guides in Planning Permission

UNDER CONSTRUCTION

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