Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

consent definition

What does consent mean? In legal practice, consent describes a person’s free, informed and voluntary agreement to a proposed act or data use. For data protection, consent is defined in legislation: under the UK GDPR and, in Ireland, the EU GDPR, it is a freely given, specific, informed and unambiguous indication of the data subject’s wishes, signified by a statement or clear affirmative action, agreeing to the processing of personal data. It cannot be inferred from silence, pre‑ticked boxes or inactivity; must be granular and documented; may need to be explicit for special-category data; and can be withdrawn at any time,...

Deemed Marine Licences under Planning Act 2008 DCOs: MMO role, geographical scope, drafting, conditions, transfer and variation (England and adjacent offshore waters)

Published by a LexisNexis Planning expert

Practice notes

What are deemed marine Licences?

The Planning Inspectorate (PINS) is responsible for examining and considering 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 proposals fall within specified locations—principally the English inshore and offshore zones (see: Geographical scope of DMLs below)—section 149A of the PA 2008 allows development consent orders (DCOs) for NSIPs to include provisions which deem a marine licence to have been granted under sections 65–115 of the Marine and Coastal Access Act 2009 (MCAA 2009). Nonetheless, in practice, some promoters may prefer to lodge a standalone application for a marine licence with the Marine Management Organisation (MMO) instead of asking for it to be deemed through a DCO, as in certain situations that pathway can prove more efficient. The marine licence permissions for the Hinkley Point C new nuclear project serve as a clear example of opting for this route.

Role of the Marine Management Organisation

The MMO undertakes a number of distinct functions in respect of a deemed marine licence (DML). During the pre-application phase of a proposed development consent application, the MMO is one of the statutory consultees. The MMO would...

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Nicola Canty

9 Hazel Tree Chambers

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...

Web page updated on 21/05/2026

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