Development Consent Orders and deemed marine licences
Produced in partnership with Nicola Canty of Michelmores LLP
Development Consent Orders and deemed marine licences

The following Environment guidance note Produced in partnership with Nicola Canty of Michelmores LLP provides comprehensive and up to date legal information covering:

  • Development Consent Orders and deemed marine licences
  • Brexit impact
  • Legislation and guidance
  • What are deemed marine licences?
  • Role of the Marine Management Organisation
  • Geographical scope
  • Applications
  • Multiple deemed marine licences
  • Transfer provisions
  • Conditions
  • more

Brexit impact

This content is likely to be impacted by the UK’s withdrawal from the EU. For further information on the implications of leaving the EU for planning law and practice, see: Brexit—implications for planning law and practice—overview and Practice Note: Brexit—the implications for English and Welsh planning law and practice.

Legislation and guidance

  1. Planning Act 2008 (as amended by the Infrastructure Act 2015)

  2. Marine and Coastal Access Act 2009

  3. Planning Inspectorate’s Advice note three: EIA consultation and notification

  4. Planning Inspectorate’s Advice note eleven: Working with public bodies in the infrastructure planning process, Annex B (the MMO)

  5. Planning Inspectorate’s Advice note fifteen: Drafting Development Consent Orders

  6. Marine Management Organisation (MMO) Guidance on 'Marine licensing: nationally significant infrastructure projects'

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 the inshore waters of England and offshore waters of England and Wales, PA 2008, s 149A enables Development Consent Orders (DCOs) for NSIPs to include provisions deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009 (MCAA 2009).

However, in practice developers may still wish to submit a separate application for a