Comparative analysis of Maritime Spatial Planning ... - Seanergy 2020

4. NORTH SEA4.1 POLICY AND LEGISLATIVE FRAMEWORK4.1.1 Barriers and obstaclesThe absence of MSP or defined zones for ORE development may represent an obstacle to therealisation of ORE projects. This was the case in Belgium in 2002 where the first two offshore windprojects were stranded either in the licensing process or further to appeals against an issued permit.These offshore wind projects, situated in the territorial sea, have encountered different forms ofopposition from a series of stakeholders/sectors such as the fishing sector, nature conservationsector, neighbouring countries (the Netherlands), coastal citizens, and the coastal provincialauthorities. Even if a legal framework for licensing and stakeholder consultation was in place at thattime, the fact that there was no MSP or ORE zoning policy constituted an obstacle to establishingoffshore energy.4.1.2 Good practicesAn MSP like exercise in Belgium, called „Master Plan North Sea‟, has resulted in the adoption byRoyal Decree (2004, as modified in 2011) of a preferential offshore wind zone within the EEZ. Sincethe delimitation of this exclusive ORE zone, offshore wind energy cannot be developed in theterritorial seas, but tidal and wave energy 47 can. The Belgian MSP like practice could be seen as analternative to the other three basic MSP models as outlined above 48 . A legally binding MSPinstrument for ORE zoning has been developed, not based on primary MSP legislation, but givingeffect to the Electricity Act of 1999 and its implementing Royal Decrees 49 .The designation of a preferential ORE zone outside the territorial sea was decided due to the juridicalaspects (appeals before the Council of State) of the first generation 50 of offshore wind farmauthorisations in the territorial sea. This decision has provided since 2004 the necessary legalcertainty for offshore wind farm investors, as it prevented to a large extent appeals against offshorewind farms situated within the zone 51 . Another indicator of this measure effectiveness andattractiveness is that almost all 7 offshore wind allotments have been assigned to date, except forthe last lot for which several project proposals were introduced in May 2011.47 Wave energy demonstration project FlanSea (2010) in Belgian territorial sea.48 Comparison of Best Practice across the EU in Maritime spatial planning, MRAG Ltd, 2011, p.10.49 Royal Decree of 2000,as modified by the RD of 2004, 2008 and 2011.50 In 2001, a series of investors introduced application files for the development of an offshore wind farm inthe Belgian North Sea. C-Power received a domain concession but no environmental permit for its projectproposed on the Wenduine bank and Seanergy received a domain concession and an environmental permitin 2002 for its project on on Vlakte van de Raan. However, a series of appeals against the Seanergy projectbefore the State Council blocked for several years the execution of the permit.51 Although 1 granted concession (Seastar) has been withdrawn further to an appeal before the StateCouncil.Deliverable D 2.379 | P a g e