Request
From what I understand, Crown Estate Scotland has agreed in principle to lease part of the seabed to Offshore Solutions Group for this development, and I appreciate the role you play in supporting renewable energy and managing Scotland’s seabed in the public interest.
However, many of us locally are concerned that residents, businesses, landlords, and fishing communities around Nairn have not yet had clear information or been properly consulted about the potential impacts.
For clarity, could you please provide or direct me to the following information:
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A copy (or summary) of the seabed lease or agreement granted for this project
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The date when the lease or option agreement was approved and by whom
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Details of any environmental or community consultations carried out before the agreement
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Dates and participants of those consultations (who was consulted and when)
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a. Copies of any environmental screening or scoping assessments carried out to date, and
b. confirmation of whether a full Environmental Impact Assessment (EIA) will be required
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Copies or summaries of any community benefit or engagement plans submitted by Offshore Solutions Group
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Details of other agencies or public bodies currently involved in the planning or review process (e.g. Marine Scotland, Highland Council)
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Any reports, assessments, or public notices related to this decision
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A timeline or plan for future consultation opportunities with local communities or stakeholder groups
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I would also like to understand whether any further public consultation is planned and how local people can take part.
Thank you for your time and transparency. I appreciate the importance of renewable energy, but it’s equally important that projects like this are handled openly and with full community engagement.
Response
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Crown Estate Scotland does not have a lease agreement with Offshore Solutions Group for the Moray Firth FLOW Park project area. A subsidiary of Offshore Solutions Group has an exclusivity agreement for the area in question.
An exclusivity agreement places a hold on a specific area for a fixed period of time. During that time Crown Estate Scotland will not enter similar agreements with others over the same area of seabed. It does not guarantee that a long term lease will be signed. It does not grant full development rights to an area.
Such early-stage agreements do not mean that a proposal will go ahead and during this initial scoping phase other activities – including fishing – can continue. If a developer subsequently decides to submit a formal consent application, this proposal would be subject to the usual comprehensive process of Scottish Government regulators and local authority review before any lease could be considered. This process would involve public consultation and afford local people and all relevant stakeholders the opportunity to share their views.
In early commercial discussions of this sort, it is not Crown Estate Scotland’s role to conduct a consultation with all potentially relevant stakeholders. However, we do actively encourage project developers to undertake early engagement with other seabed users and local stakeholders.
A summary of the Exclusivity Agreement:
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Covers a period of up to 2 years in duration (in this case, up to April 2027)
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Enables the developer to investigate the site in respect of the Proposed Project: the establishment of a designated and exclusive area for the temporary and safe anchorage of floating offshore wind assets (and associated safety and security buoys).
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Covers two separate areas of the Moray Firth totalling 36.44km2
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Allows the developer to conduct a limited range of Permitted Operations (surveys) provided that any statutory consents and requirements are in place, and subject to existing public rights including of navigation and fishing
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Commits both parties to work together to explore the structure and valuation of any further seabed agreements in relation to the project
A copy of the Exclusivity Agreement has been withheld under 10(5)e of EIRs “commercial confidentiality.” The particulars of the agreement contain information that is commercial in nature and disclosing such information would likely cause substantial harm to our economic interest; therefore, exception 10(5)(e) – confidentiality of commercial or industrial information under EIRs has been applied.
This exception is subject to the ‘public interest test.’ At this time, the public interest lies in favour of upholding the exception. We recognise that there is public interest in releasing information, to be an open, transparent and accountable public organisation and to have an overview of the live agreements in a local area. However, in this instance, this is outweighed by the public interest not to disclose information about the structure of the agreement or particulars regarding fee amounts agreed between Crown Estate Scotland and an other organisation. This information is commercially sensitive, and its release could prejudice future commercial discussions for similar agreements. This is a legal document signed with the presumption of confidentiality. The release of this information would affect the ability of Crown Estate Scotland to generate lasting value for the people of Scotland. We have provided a summary of key elements of the document to provide further context. At this time, the public interest upholds the exception.
2. The exclusivity agreement between Crown Estate Scotland and a subsidiary of Offshore Solutions Group for two areas of the Moray Firth was signed on the 3rd April 2025.
3. Crown Estate Scotland do not have details of any environmental or community consultations carried out before the agreement. It is not Crown Estate Scotland’s role to conduct consultations nor environmental impact assessments in relation to agreements of this type and we would rely on the appropriate regulatory bodies to grant any necessary licences and planning permissions before a lease would be considered.
4. As above, Crown Estate Scotland do not have Dates and participants of those consultations.
5. a. As above, Crown Estate Scotland do not have Copies of any environmental screening or scoping assessments carried out to date.
b. Any consenting requirement in relation to this type of project are a matter for the Scottish Government as the relevant regulator. We therefore cannot confirm whether a full Environmental Impact Assessment (EIA) will be required.
6. Crown Estate Scotland do not have Copies or summaries of any community benefit or engagement plans submitted by Offshore Solutions Group.
7. There is no current application being considered by regulators as the project is in the development phase.
8. Crown Estate Scotland do not have Any reports, assessments, or public notices related to this decision.
9. As above, it is not Crown Estate Scotland’s role to conduct a consultation with all potentially relevant stakeholders. However, we do actively encourage project developers to undertake early engagement with other seabed users and local stakeholders. We therefore do not have a timeline for future consultations.
10. As above, Crown Estate Scotland do not have any public consultations planned for this project. We have, however, been invited to participate in a public consultation at Forres Town Hall on Tuesday, 11 November at 6pm. A senior representative of Crown Estate Scotland will be in attendance.
