Development consent orders and deemed marine licences

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Planning expert
Practice notes

Development consent orders and deemed marine licences

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Planning expert

Practice notes
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What are deemed marine licences?

The Planning Inspectorate (PINS) examines applications for nationally significant infrastructure projects (NSIPs) under the Planning Act 2008 (PA 2008). See Practice Note: Examination of nationally significant infrastructure projects—general.

Where such applications involve projects in certain areas—mainly in the English inshore and offshore areas (see: Geographical scope of DMLs below), PA 2008, s 149A enables development consent orders (DCOs) for NSIPs to include provisions deeming a marine licence to have been issued under sections 65–115 of the Marine and Coastal Access Act 2009 (MCAA 2009).

However, in practice, developers may still wish to submit a separate application for a marine licence directly from the Marine Management Organisation (MMO) rather than seeking to have it deemed by a DCO as this route in some cases will be more efficient. The marine licence consents for the Hinkley Point C new nuclear development project are an example of this approach.

Role of the Marine Management Organisation

The MMO has a number of roles in relation to a deemed marine licence (DML). During the pre-application

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