Offshore wind - compensating for adverse effects on Protected European Sites: statutory guidance 2026

4. How this Guidance fits with the Current Consenting Process

As described in section 2, existing HRA processes remain applicable.

In line with HRA assessment practice and the precautionary principle, the mitigation hierarchy must be applied first before considering whether there is an adverse effect that would trigger the derogation provisions of the Habitats Regulations. It is only after applying the mitigation hierarchy, and if there is a predicted residual adverse effect following this, that the derogation provisions are applied.

The mitigation hierarchy is set out below and should be applied sequentially and evidence as required.

• Avoid - taking action to prevent an impact from occurring;

• Reduce - taking action to minimise an impact to a non-significant level;

• Mitigate - taking action to lessen the consequences of an impact that cannot be avoided or reduced.

The HRA process applies where, following the application of the mitigation hierarchy, the derogation provisions are triggered which require the consideration of Alternative Solutions and Imperative Reasons for Overriding Public Interest (IROPI). It is the final step of the derogation provisions – the identification of compensatory measures – to which this guidance applies.