Greenpeace files complaint against Crown Estate

Greenpeace UK has officially lodged a complaint with the Information Commissioner’s Office (ICO), claiming the Crown Estate is unlawfully concealing information regarding its lucrative dealings from the UK's seabed. The environmental group previously illuminated the excessive fees charged by the Crown Estate to offshore wind farm developers, asserting these inflated costs hinder development progress and ultimately increase energy expenses for consumers. Greenpeace argues that the Crown Estate Commissioners, under the Crown Estate Act 1961, should eliminate any monopoly value tied to the Crown’s property when leasing seabed rights for wind energy.

The Crown Estate has rejected this interpretation of the Act, a stance that contradicts earlier statements by Roger Bright, the former Chief Executive, who acknowledged the role of monopoly value in setting seabed rents during a 2010 Treasury Select Committee meeting. In an attempt to gain transparency, Greenpeace made a formal request for documents under the Environmental Information Regulations (EIR), seeking information on how monopoly value is assessed and excluded from seabed leases.

However, the Crown Estate dismissed this request, citing it as overly broad and burdensome, even though Greenpeace clarified that they were only asking for documents related specifically to monopoly value. In response to the Crown Estate's refusal, Greenpeace submitted a more targeted request, arguing that if the documents existed, they should be readily accessible without extensive searches. Nonetheless, the Crown Estate issued a similar outright rejection, maintaining their previous reasons for non-disclosure.

Having exhausted the Crown Estate’s internal EIR processes, Greenpeace has formally petitioned the ICO to intercede and compel the Crown Estate to release the requested documents. If these documents do not exist, it suggests a troubling lack of due diligence on the Crown Estate's part, potentially indicating they are overcharging developers.

Lily-Rose Ellis, a climate campaigner for Greenpeace UK, expressed the gravity of the situation. She stated “The Crown Estate’s option fees are effectively a stealth tax added to people’s energy bills, during the cost of living crisis. Abusing their monopoly position to set fees way above what a free market would support is not only counter to the 1961 Crown Estate Act, but counter to the interests of anyone who pays an electricity bill, counter to the interests of British industry, and counter to the interests of everyone who depends on a stable climate.” The ICO is expected to respond to the complaint and has the authority to mandate that the Crown Estate disclose the requested information.