Marine licensing—construction

Produced in partnership with Nicola Canty of 9 Hazel Tree Chambers
Practice notes

Marine licensing—construction

Produced in partnership with Nicola Canty of 9 Hazel Tree Chambers

Practice notes
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Marine licensing Requirements for construction activities

A marine licence is required to construct, alter or improve any works within the UK marine licensing area either:

  1. in or over the sea bed, or

  2. on or under the sea bed

In addition to works where part or all of the construction takes place on the foreshore or otherwise in the inshore region, works may be located beside marine waters, but their construction may involve elements that are placed in or even overhang the marine area (such as the placement of scaffolding, or even bridges over tidal rivers such as the River Thames which is tidal inland as far as Teddington Lock). This part of the works will fall within the marine licensing scheme of Part 4 to the Marine and Coastal Access Act 2009 (MCAA 2009). For marine licence applications in general, see Practice Note: Marine licensing—licence application procedure.

'Construction' applies to a wide range of activities including:

  1. energy generation

  2. harbour and/or navigation works

  3. land reclamation

  4. oil and gas activities and carbon dioxide

Nicola Canty
Nicola Canty

Nicola is an environmental lawyer specialising in marine, energy and public law. She has advised on judicial reviews, public inquiries and a wide range of regulatory and planning matters. She has broad experience of advising on issues relating to the marine environment, including licensing, planning, regulation and enforcement, and conservation matters.
 
Nicola was called to the Bar by the Inner Temple in 2006. She has a dual-capacity practice (i.e. operating as both an employed and a self-employed barrister), and has broad experience of working at both the self-employed Bar in Chambers and the employed Bar as a part of a law firm, at the national energy regulator Ofgem advising on renewable energy schemes, and is currently at the Department of Energy Security and Net Zero advising on nationally significant infrastructure planning.
 
Nicola provided the update for the titles on the Foreshore, and on Fisheries and Fishing, in the 2023 Reissue of Volume 16(1) of the Encyclopaedia of Forms and Precedents. 

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Jurisdiction(s):
United Kingdom
Key definition:
Requirements definition
What does Requirements mean?

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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