Received 16 March 2026
Decided 14 April 2026
Refused
Request Reference AIE202620
Requester Type Business/Interest Group
Department of Climate, Energy and the Environment

(1) Any Regulation 54 derogation applications, assessments, correspondence, and decisions relating to all survey work, planning, construction, other activities or operation of the proposed Codling Wind Park (“CWP”) off the East Coast of Ireland, including but not limited to MARA application MUL230034 MUL230034 - MARA - Maritime Area Regulatory Authority, including the original and extended areas now proposed: (2) Any application made CWP to NPWS in response to attached request of MARA to CWP of 2 October 2025 as to whether or not CWP were applying for Article 54 Derogation licence. We believe it was filed 21 October 2025.This is confirmed at item 607 of the NPWS October 2025 list of Derogation Applications and in letter of 22 October 2025 from CWP to MARA confirming CWP engagement with NPWS. (3) Any query and other communication between NPWS and CWP about its application for Derogation license of 21 October 2025 which gave rise to the indication at item 607 of the NPWS listing reference that there was a “query with applicant” or otherwise. (4) Any query and other communication between NPWS to CWP about its application for Derogation license of 21 October 2025 which was followed by CWP letter of 21 November 2025 that CWP did not require a Derogation licence. (5) any NPWS guidance or instructions available to or issued to Codling Wind Park and/or MARA specific to MUL230034, including but not limited to NPWS Guidance (1 July 2025) stating that where derogations appear necessary, they should be decided before development consent. (6) any Art 54 Derogation licences applied for by Codling Wind Park under MMO reports or post completion returns received for activities under its previous Foreshore Licence applications including FS007546, FS007045 or planning permission applications or otherwise, including applications and licences granted. (7) We are instructed that NPWS website list of derogation applications has been inaccessible and “under maintenance” since 10 December 2025, preventing the public and indeed MARA checking did Codling Wind Park have a derogation licence application and what became of their application of 21 October 2026. Please furnish details of what became of the CWP derogation application of 21 November 2025 to NPWS and any communications between NPWS and CWP and/or MARA arising from this since 21 November 2025. (8) Any changes to NPWS 2014 marine mammal mitigation guidance (MMO guidance) particularly addressing the standards required to assess disturbance to protected species. (9) Does NPWS assess disturbance to protected species in any applications for Art 54 Derogation Licences for Offshore Wind Farms and if so what methodology or standard does it use.