Can wind resources at offshore wind farms be “stolen” by rival projects? A legal battle stemming from invisible power output losses has stalled two massive offshore wind developments in the UK’s North Sea waters.
Dogger Bank Wind Farm, with a total capacity of 3.6 GW and among the world’s largest offshore wind schemes, is co-developed by SSE Renewables, Equinor and Vårgrønn. Its first construction phase is now nearing completion.
Situated directly to its south is Dogger Bank South, a 3 GW joint venture between Germany’s RWE and UAE-based Masdar, which secured a development consent order from the UK government last May. The core conflict arises from the projects’ close proximity to one another.
The wake effect describes the phenomenon where wind turbines extract energy from airflow, creating downstream zones with reduced wind speeds. Any turbines operating within these zones suffer drastically lower power generation efficiency. Research from the University of Manchester estimates North Sea wind farms lose 12.7% of annual output on average due to wake interference.
During the Dogger Bank South planning review, the existing Dogger Bank consortium repeatedly warned that the new turbines would erode their generation performance. Independent financial assessments put the total lifetime economic damage at approximately £582 million.
Failed commercial negotiations pushed the two sides to court. The Dogger Bank owners have filed an application for judicial review at the UK High Court, challenging the energy secretary’s decision to grant development consent to RWE. RWE countered that the project complies with licensing rules via a 7.5-kilometre buffer zone and underwent a rigorous, transparent approval process.
Under UK legal procedures, a judge will first rule whether to grant permission for the case to proceed. If approved, both parties will submit evidence for the court to determine if the government’s consent contained procedural or substantive flaws.
Notably, legislation passed in the UK last year restricted access to judicial reviews, aiming to avoid prolonged delays to major infrastructure projects. The Dogger Bank dispute, however, proves such legal challenges remain viable.
The lawsuit reflects widespread unease across Europe’s entire offshore wind sector.
Turbine prices have climbed 40% to 45% since 2020, outpacing rises in manufacturing costs. Vessel shortages, constrained rare earth supplies and protracted grid connection timelines have squeezed profit margins for every gigawatt-scale development. Any factor threatening project returns now faces intense scrutiny from developers.
The wind resource itself remains unchanged, yet how much power each project can capture has become a financial dispute requiring resolution through legislation and spatial planning. The final verdict in this UK case is expected to set a landmark legal precedent for cross-site wake conflicts across European offshore wind markets.
