Collection

Marine licensing: nationally significant infrastructure projects

Nationally significant infrastructure projects in English inshore and offshore waters and deemed marine licences.

From:
Marine Management Organisation
Published
11 June 2014
Last updated
2 April 2024 — See all updates

Overview

The Marine Management Organisation (MMO) is involved in different nationally significant infrastructure projects (NSIPs) in the English inshore and offshore, and Welsh offshore areas under the Planning Act 2008. The Planning Inspectorate (PINS) examine these applications and provide recommendations to the Secretary of State.

MMO acts as a:

  • statutory consultee during the pre-application stage
  • interested party during the examination stage
  • licensing and consenting body

If a development consent order (DCO) is granted, this may include provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009. The MMO is responsible for enforcing, post-consent monitoring, varying, suspending, and revoking any deemed marine licence(s) as part of the DCO.

Variation of a deemed marine licence (DML)

The MMO is able to vary a DML in accordance with section 72 of the Marine and Coastal Access Act 2009. Requests to vary a DML should be submitted in writing to MMO and should include:

  • a cover letter
  • detail of the proposed change(s) to the DML
  • a supporting summary statement detailing why the proposed variation is permissible with reference to the original application and in consideration of any implications for the existing DCO
  • any additional supporting information required.

Generating energy offshore

Offshore generating stations with a capacity of more than 100 megawatts (MW) and onshore generating stations with a capacity of more than 50MW are classed as NSIPs.

These require an order from the relevant Secretary of State and this may deem a marine licence to have been granted.

There are other consents you may need for an offshore energy installation. Please refer to our guidance on applying to generate energy offshore for more information.

Habitats regulations: Evidence plans for nationally significant infrastructure projects

Developers of NSIPs located in England; or both England and Wales; are able to agree evidence plans with relevant statutory nature conservation bodies (SNCBs).

Please refer to our guidance on Habitats and wild birds directives for more information.

Fees

The MMO has powers under the Infrastructure Planning (Fees) Regulations 2010 (as amended) to charge for its services in relation to any advice, information or other assistance (including a response to a consultation) provided in connection with:

  • an application or proposed application, for an order granting development consent, and
  • an application/proposed application to make a change to, or revoke, such an order, and
  • any other prescribed matter relating to NSIPs, including both statutory and non-statutory work.

For any statutory work undertaken by the MMO throughout the NSIP process, staff time will be charged at the current rate of £122 per hour.

From 1 May 2024 the MMO will begin charging for all statutory work done in the NSIP process, including responding to post application Section 56 consultations, attendance at examinations and providing written representations in examinations.

For non-statutory or discretionary work undertaken by the MMO during the NSIP process staff time will be charged at the current rate of £122 per hour plus VAT.

The MMO will also charge for any work done by any third-party technical advisors in relation to NSIP work. This is most often work done by Cefas at the current rate of £108.32 per hour.

Post consent monitoring, discharging of requirements under Deemed marine licences (DML) or variations to DMLs are chargeable by virtue of powers the MMO has under The Public Bodies (Marine Management Organisation) (Fees) Order 2014 and this work is currently charged at the rate of £94 per hour.

You will receive an estimate of the number of hours required for MMO and Cefas hours for all work needed on your NSIP project. Fee estimates may be broken down depending on the stage your project is at in the NSIP process. The estimated hours are multiplied by the appropriate hourly rate to give an estimated fee. You must accept the terms quoted before we can progress.

Final charges invoiced by MMO and Cefas are based upon actual hours worked, not the original estimate.

The staff time spent on your NSIP project is recorded in units of 15 minutes with a minimum of 15 minutes for each item of work.

MMO case managers monitor your NSIP project weekly to assess how many more case hours are needed. If the estimated final cost is likely to be significantly different from the actual final cost, you will be notified in good time. You will also receive an explanation of the circumstances and an updated estimate. You will also be informed when more than 90% of the estimated total number of hours has been used.

Please refer to our published guidance for a detailed summary of fees for marine licensing and associated work.

Please also refer to additional government guidance regarding cost recovery by certain prescribed public authorities such as the MMO in relation to NSIPs here

The Secretary of State (SoS) for the Department for Business Energy and Industrial Strategy (BEIS) alongside the Marine Management Organisation (MMO) has undertaken a review, known as the Review of Consents, in respect of offshore wind farms consented under the Planning Act 2008, Electricity Act 1989 and the Marine and Coastal Access Act 2009 that may cause a significant effect on the Southern North Sea Special Area of Conservation.

The Review of Consents has been completed, and following review by the Energy Minister, gained Ministerial approval in September 2020.

An agreed outcome of the Habitats Regulations Assessment (HRA) is the requirement for a Site Integrity Plan (SIP) being submitted to, and approved by, the MMO before the commencement of any construction activities that could affect the integrity of the Southern North Sea SAC. The following consented projects have been identified as requiring an approved SIP:

  • Dogger Bank A and B
  • Dogger Bank C
  • Sofia
  • Hornsea Project Two

The MMO has been working to vary the applicable Deemed Marine Licences (DMLs) for these projects. More information about the Review of Consents is available.

Further information

The National Policy Statement for Ports provides the framework for decisions taken by the Secretary of State.

The 6 National Policy Statements for Energy Infrastructure apply to NSIPs in England and Wales, including territorial waters and to any offshore renewable energy zone.

Cases

Published 11 June 2014
Last updated 2 April 2024 + show all updates

  1. April 2024 update made to Fees.

  2. Norfolk Boreas Offshore Wind Farm 2021 - update

  3. Norfolk Vanguard Offshore Wind Farm Order 2022 - update

  4. Hornsea Two Offshore Wind Farm – Variation 6

  5. Link added to Able Marine Energy Park variation 3

  6. Hornsea Two - Variation 5 update

  7. Hornsea One Offshore Wind Farm – Variation 4 - update

  8. Page updated with East Anglia Three DML variation 2

  9. Page updated with: Dogger Bank C (previously known as “Dogger Bank Teesside A”) Offshore Wind Farm – Variation 5

  10. Addition of Lake Lothing (Lowestoft) Third Crossing decision to the case collection.

  11. Great Yarmouth added

  12. Dogger Bank C (previously known as “Dogger Bank Teesside A) Offshore Wind Farm – Variation 4 published

  13. Publishing Sofia (previously known as “Dogger Bank Teesside B”) Offshore Windfarm – Variation 4

  14. Hornsea Two Offshore Wind Farm – Variation 4 , Sofia (previously known as “Dogger Bank Teesside B”) Offshore Windfarm – Variation 3, Dogger Bank C (previously known as “Dogger Bank Teesside A”) Offshore Wind Farm - Variation 3, Dogger Bank A & B (previously known as “Dogger Bank Creyke Beck”)Offshore Wind Farm – Variation 4 added to page

  15. Revision of page details & Dogger Bank Creyke Beck Offshore Wind Farm – Variation 4 added to cases

  16. Addition of information: Review of consents related to offshore wind farms located in the Southern North Sea Special Area of Conservation (SAC)

  17. Dogger Bank C (previously known as “Dogger Bank Teesside A”) Offshore Wind Farm – Variation 2 added to page

  18. Able Marine Energy Park Variation 2 case added

  19. New case added: Preesall saltfield underground gas storage

  20. Variation 3 added to Dogger Bank Creyke Beck Offshore Wind Farm Order 2015

  21. New variation added

  22. Hornsea Two Offshore Wind Farm – Variation 3 added

  23. Hornsea Two Offshore Wind Farm – Variation 2 added

  24. Triton Knoll Electrical System Order 2016 Variation added

  25. Triton Knoll Offshore Wind Farm Order 2013 Variation added

  26. Hornsea Two Offshore Wind Farm – Variation 1 added

  27. Walney Extension Offshore Wind Farm Order 2014 - variation 2 added

  28. ABLE Marine Energy Park variation added

  29. Rampion Wind Farm variation 2 added

  30. Dogger Bank Teesside A and B offshore wind farm added

  31. Hornsea One Offshore Wind Farm - Variation 2 added

  32. Galloper wind farm – Variation 3 added

  33. Details of Hornsea One Offshore Wind Farm variation request added

  34. Galloper wind farm variation 2 added

  35. Details of Walney extension offshore wind farm variation request added.

  36. Thames Tideway Tunnel development consent order added

  37. Burbo Bank Extension Offshore Wind Farm variation request added

  38. East Anglia ONE offshore windfarm decision added

  39. Licence variation for a development consent order for Rampion offshore wind farm added

  40. Information on variation of a deemed marine licence (DML) added

  41. First published.

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