Westminster Policy News & Legislative Analysis

Norfolk Boreas DCO amended to permit Marine Recovery Fund

The Secretary of State for Energy Security and Net Zero has approved a non‑material change to the Norfolk Boreas Offshore Wind Farm Order 2021 under paragraph 2 of Schedule 6 to the Planning Act 2008. The decision was issued on 19 December 2025 following publicity and consultation in line with regulations 6 and 7 of the 2011 procedural Regulations.

The instrument amends the 2021 Development Consent Order that authorises the 1.8GW scheme, updating definitions and correcting several geographic coordinates within the authorised development limits. It inserts a definition for the Department for Environment, Food and Rural Affairs (Defra), replaces the “undertaker” definition with Norfolk Boreas Limited (Company No. 03722058), and adjusts a small number of latitude/longitude points.

Part 3 of Schedule 19-covering measures to protect the coherence of the national site network for the Haisborough, Hammond and Winterton Special Area of Conservation (HHW SAC)-is recast to confirm delivery via a Benthic Implementation and Monitoring Plan overseen by a Benthic Steering Group. The Order defines a Marine Recovery Fund and a “Marine Recovery Fund Payment” to be agreed with Defra or the fund operator, aligning Norfolk Boreas with the statutory framework for strategic compensation.

Monitoring and reporting duties are strengthened. Results from the compensation scheme must be submitted at least annually to the Secretary of State, the Marine Management Organisation and the relevant statutory nature conservation body, including proposals if measures are found to be ineffective; approved remedies must then be implemented by the undertaker.

An adaptive pathway is introduced where the required area of marine debris removal cannot be delivered in full. In such circumstances the undertaker may apply to substitute all or part of the remaining requirement with a Marine Recovery Fund Payment, subject to the Secretary of State confirming acceptability in principle and Defra or the fund operator quantifying the sums due in lieu of measures.

Discharge mechanisms are clarified. The undertaker can be released from further delivery obligations for this compensation element once a completion report is approved or the agreed Marine Recovery Fund Payment is made-either in full or under a contract providing for instalments-provided the Secretary of State confirms that the payment satisfies the compensation requirement; any instalment arrangement leaves the payment schedule enforceable.

Where impacts are shared with Norfolk Vanguard because of the shared cable corridor, the application must set out the proportion of the overall debris‑removal requirement attributable to each scheme. This enables proportionate use of the Marine Recovery Fund route and reduces the risk of double counting between sister projects.

For project teams the change provides a practical backstop: a government‑run payment route now exists when on‑site debris removal proves impracticable, while scrutiny is maintained through annual reporting and approval of any remedial proposals by the Secretary of State in consultation with the MMO and Natural England.

The amendment dovetails with the Marine Recovery Funds Regulations 2025, which commenced on 17 December 2025 and operationalise section 292 of the Energy Act 2023. Ministers have stated that the fund is intended to pool contributions and deliver strategic compensation at scale across multiple offshore wind projects.

The change does not alter the underlying consent for the Norfolk Boreas project, which remains at post‑decision stage with project documentation available via the Planning Inspectorate. The legal basis for making non‑material changes remains Schedule 6 to the Planning Act 2008, with procedure set out in the 2011 Regulations.