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 Planning practice 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
  • Legislation and guidance
  • What are deemed marine licences?
  • Role of the Marine Management Organisation
  • Geographical scope of DMO
  • Applications
  • Multiple deemed marine licences
  • Transfer provisions
  • Conditions
  • Good practice for applicants
  • More...

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.

Legislation and guidance

  1. Planning Act 2008

  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, including PINS Advice Note Eleven, Annex B

  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 certain areas (see Geographical scope below), 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

Popular documents