Development consent orders and deemed marine licences

Published by a UU��ֱ�� Planning expert

Practice notes

Development consent orders and deemed marine licences

Published by a UU��ֱ�� Planning expert

Practice notes

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

Jurisdiction(s):

United Kingdom

Key definition:

consent definition

What does consent mean?

Consent is defined as any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data.

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