Marine licensing—construction
Produced in partnership with Nicola Canty, Barrister of 9 Hazel Tree Chambers
Marine licensing—construction

The following Environment guidance note Produced in partnership with Nicola Canty, Barrister of 9 Hazel Tree Chambers provides comprehensive and up to date legal information covering:

  • Marine licensing—construction
  • Brexit impact
  • Public rights of navigation
  • Harbour Works
  • River Works Licence
  • General considerations for construction methodology
  • Other consents to consider
  • Coastal Concordat

Brexit impact

This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect environmental law, see Practice Note: Brexit—environmental law implications, which details the relevant aspects of the withdrawal process, as well as providing insights into developments affecting environmental protection, such as the draft Environmental Principles and Governance Bill.

The date and time of withdrawal of the EU (exit day) is specified in UK law (under section 20 of the European Union (Withdrawal) Act 2018), but until the legal terms of the withdrawal negotiated with the EU are finalised, there remains a possibility that the UK’s membership will lapse automatically on exit day, without all the necessary legal and transitional arrangements in place. This has implications for practitioners considering specific environmental law regimes. For information on no deal guidance for these regimes, see Practice Note: Brexit—key publications on implications for environmental law, which provides links to relevant no deal guidance published by the government.

For details on Brexit related regulations relevant to the environment, see: Environment legislation tracker 2019 and Environment legislation tracker 2018.

A marine licence is required to construct, alter or improve any works within the UK marine licensing area either:Marine and Coastal Access Act 2009, Part 4

  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