Synopsis
These regulations amended the Conservation of Habitats and Species Regulations 2017 and Conservation of Offshore Marine Habitats and Species Regulations 2017.
The amendments allow 'appropriate compensatory measures' to be applied as part of the consenting process for qualifying offshore wind development. These measures may include off-site compensatory measures to address the damage the development would cause.
Summary
The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026 amended the Conservation of Habitats and Species Regulations 2017 and Conservation of Offshore Marine Habitats and Species Regulations 2017 on 21 May 2026.
This legislation applies across the UK.
What has changed?
The Energy Act 2023 enables expanded use of compensatory measures to address the impacts of offshore wind developments on protected marine sites. These measures must be agreed when a proposed offshore wind activity is agreed. The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026 support these changes.
Amendments to the Conservation of Habitats and Species Regulations 2017 and Conservation of Offshore Marine Habitats and Species Regulations 2017
The obligation of authorities to exercise their functions in accordance with the parent nature conservation Directives will not apply when securing compensatory measures for the impact of offshore wind plans or projects on protected European sites, European offshore marine sites or Ramsar sites.
The new duty requires that appropriate compensatory measures are taken, benefitting the UK marine protected area network in a reasonably proportionate way to the damage that the proposed offshore wind plan or project would cause. This duty supersedes general duties on compensatory measures for these plans or projects.
Compensatory measures must be selected by the authority reflecting the compensation hierarchy for relevant offshore wind plans and projects. This applies three tiers, in declining order of preference:
Where tier 2 or 3 (wider compensatory measures) are applied, these measures must be approved by the Secretary of State, Scottish Ministers or Welsh Ministers, as applicable.
Greenspace subscribers receive full monthly updates summarising new and forthcoming legislation applicable to their organisation.
To receive these free updates by email, please subscribe to our mailing list. For a free trial and demonstration of Greenspace or a quotation, please contact us by email.
