Collection

Marine licensing: nationally significant infrastructure projects

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

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 Section 27(1) of MCAA to charge for its services in relation to NSIP applications (statutory or non-statutory, discretionary).

MMO staff time will be charged at the current rate of £122 per hour. This includes any review of draft (non-statutory) S42 requests. As of 29 April 2019 statutory advice will be charged at the same rate.

Variations to DMLs are chargeable also.

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

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

  1. ABLE Marine Energy Park variation
  2. Burbo Bank extension offshore windfarm variation 1
  3. Dogger Bank Creyke Beck Offshore Wind Farm- Variation 1
  4. Dogger Bank Creyke Beck Offshore Wind Farm- Variation 2
  5. East Anglia ONE offshore wind farm
  6. The East Anglia Three Offshore Windfarm
  7. Galloper wind farm
  8. Galloper wind farm - Variation 2
  9. Galloper wind farm – Variation 3
  10. Hornsea One Offshore Wind Farm variation request
  11. Hornsea One Offshore Wind Farm - Variation 3
  12. Hornsea Two Offshore Wind Farm – Variation 1
  13. Hornsea Two Offshore Wind Farm – Variation 2
  14. Hornsea Two Offshore Wind Farm – Variation 3
  15. Rampion offshore wind farm
  16. Rampion Wind Farm variation 2
  17. Sizewell C proposed nuclear development
  18. Sofia Offshore Windfarm (Dogger Bank Teeside A and B Offshore Windfarm Order 2015)
  19. Thames Tideway Tunnel development consent order
  20. Triton Knoll Offshore Wind Farm Order 2013 Variation
  21. Triton Knoll Electrical System Order 2016 Variation
  22. Walney extension offshore wind farm
Published 11 June 2014
Last updated 3 October 2019 + show all updates
  1. New variation added

  2. Hornsea Two Offshore Wind Farm – Variation 3 added

  3. Hornsea Two Offshore Wind Farm – Variation 2 added

  4. Triton Knoll Electrical System Order 2016 Variation added

  5. Triton Knoll Offshore Wind Farm Order 2013 Variation added

  6. Hornsea Two Offshore Wind Farm – Variation 1 added

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

  8. ABLE Marine Energy Park variation added

  9. Rampion Wind Farm variation 2 added

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

  11. Hornsea One Offshore Wind Farm - Variation 2 added

  12. Galloper wind farm – Variation 3 added

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

  14. Galloper wind farm variation 2 added

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

  16. Thames Tideway Tunnel development consent order added

  17. Burbo Bank Extension Offshore Wind Farm variation request added

  18. East Anglia ONE offshore windfarm decision added

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

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

  21. First published.