Plans to expand wind farm given green light: What does it mean for CLA members?
Rampion 2 Offshore Wind Farm will see a further 90 turbines erected
After what has felt like a very long wait, the Secretary of State has finally presented their decision on the Rampion 2 offshore wind farm – granting it permission to proceed via a Development Consent Order (DCO).
We know that a number of CLA members will be affected by this project, and we have been at the end of the phone throughout to help guide them through the Nationally Significant Infrastructure Project (NSIP) application process, and of course, to just listen to their frustrations.
In addition, over the last year or so we have helped to facilitate meetings for a group of our business and professional members to discuss issues they and their clients were facing, and have assisted them with joint correspondence to the (former) agents for the project.
We also wrote to the Planning Inspectorate to voice our own concerns over the lack of meaningful engagement with affected landowners from the developer and their agents.
Last-minute improvement to how the applicant and their agent engaged with affected parties lead to the Examining Authority to conclude that they were satisfied that the applicant had taken reasonable steps to acquire land rights by negotiation and that “the public benefits associated with the proposed development would strongly outweigh the private loss”. Plus “the interference with human rights [by the project] is both proportionate and justified".
So what now?
As part of the DCO, the Rampion 2 project will now have compulsory acquisition powers and so affected parties who have not yet voluntarily signed up to the heads of terms on offer, will have a decision to make – continue to negotiate or risk having land acquired via compulsory acquisition and perhaps risk receiving a lower level of compensation.
If any affected parties do not already have an agent representing them on this matter, then we would strongly urge them to appoint one asap – and we are happy to point members in the direction of experienced agents in their area who can assist.
The CLA has some guidance notes on NSIPs and DCO compulsory acquisition which can be found below.
https://www.cla.org.uk/advice/gn07-22-development-consent-orders-use-of-compulsory-acquisition/
In addition, the CLA continues to respond to government consultations on matters such as the Planning and Infrastructure Bill, and the Law Commission’s consultation on possible changes to ‘hope value’ in compulsory purchase matters.
We continue to lobby the Department for Energy Security and Net Zero on matters such as a duty of care to landowners affected by large schemes and better co-ordination of schemes to reduce the likely impact multiple schemes may have on certain regions.
As ever, if you are affected by this scheme, or any others – please do contact your regional advisors so that they can be made aware of your situation and assist wherever possible.
We especially welcome hearing from anyone who is willing to have their situation used as a case study in any government lobbying or media work.
