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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:
3 August 2026 — 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.

When preparing a Development Consent Order (DCO) applicants should have regard to the National Infrastructure Planning Guidance, which includes guidance on pre-application steps, application content and draft DCO preparation. 

MMO is a:  

  • key regulatory body during the pre-application stage where marine licensable activities are proposed  
  • statutory consultee where required under relevant legislation, such as a scoping opinion 
  • notifiable party where relevant under section 46 of the Planning Act 2008  
  • interested party during the examination stage  
  • licensing and compliance body, including responsibility for deemed marine licences (DMLs)

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. MMO is responsible for enforcing, post-consent monitoring, varying, suspending, and revoking any deemed marine licence(s) as part of the DCO.

Early engagement and pre-application

Applicants are encouraged to engage with MMO, statutory consultees and other stakeholders as early as possible during the preparation of DCO applications to identify and resolve key issues before submission of an application.   

When applicable the pre-application stage should be used to discuss marine licensing requirements, environmental assessment requirements, Habitats Regulations Assessment matters and potential draft deemed marine licence provisions.

Deemed marine licences (DML), including variations.

Applicants proposing development in the marine area should consider at an early stage whether a deemed marine licence is required. Where a deemed marine licence is sought through a DCO application, applicants are encouraged to discuss licence structure, conditions, monitoring requirements and post-consent processes with MMO during pre-application.  

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, if necessary, 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.

Notification and publicity

Where applicable, section 46 of the Planning Act 2008, requires applicants to notify the Planning Inspectorate, host local authorities and, where relevant, MMO of a proposed DCO application. Applicants are encouraged to identify where a proposed application is expected to include one or more deemed marine licences.   

Applicants must also comply with publicity requirements under section 48 of the Planning Act 2008 and relevant secondary legislation. Further guidance is available within the National Infrastructure Planning Guidance suite.

Projects directed into or out of the NSIP regime

In some circumstances, the Secretary of State may direct that a project that would not otherwise be a NSIP is to be treated as one under section 35 of the Planning Act 2008. The Secretary of State may also direct that a project which would otherwise be an NSIP should proceed through an alternative consenting regime under section 35B of the Planning Act 2008.   

Developers considering whether a section 35 or section 35B direction may be relevant to their project are encouraged to engage with MMO at an early stage where marine licensable activities may be required. Early engagement can help identify consenting requirements, environmental assessment considerations and the potential implications for marine licensing and deemed marine licences.

Generating energy offshore

Offshore energy projects may be consented as NSIPS or under other statutory consenting regimes, depending on the nature of the development. Projects authorised by the relevant Secretary of State may include a deemed marine licence within the consent granted. 

There may also be other consents required for an offshore energy installation. Please refer to MMO guidance on applying to generate energy offshore for more information.

Habitats regulations: Evidence plans for nationally significant infrastructure projects

Applicants should provide sufficient information to enable the Secretary of State to undertake a Habitats Regulations Assessment where required. Early engagement with MMO and Statutory Nature Conservation Bodies can assist in identifying information requirements and resolving issues before submission of an application.

Biodiversity Net Gain

Biodiversity Net Gain (BNG) will become mandatory for Nationally Significant Infrastructure Projects in England from 2 November 2026. Applicants submitting DCO applications on or after that date will be required to demonstrate how the statutory biodiversity gain objective will be achieved and provide an outline biodiversity gain plan in accordance with relevant legislation, National Policy Statements and biodiversity gain statements.   

Applicants should consider BNG requirements as part of project planning and environmental assessment and engage with relevant stakeholders where appropriate.

Fees

MMO will charge for work undertaken in connection with nationally significant infrastructure projects, including pre-application advice, statutory functions, examination activities and post-consent work.  

For current fees and charging arrangements, see Marine licensing: fees: https://www.gov.uk/government/publications/marine-licensing-fees.

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

Updates to this page

Published 11 June 2014
Last updated 3 August 2026 Show all updates

  1. Page update.

  2. Dogger Bank South East and West Offshore Wind Farms added.

  3. Third party technical advisors fee increase.

  4. East Anglia ONE North Offshore Windfarm - Variation 1 added.

  5. East Anglia TWO Offshore Windfarm - Variation 1 published.

  6. Sizewell C Variation 2 (Temporary Marine Bulk Import Facility (TMBIF)) added.

  7. Norfolk Boreas and Norfolk Vanguard Offshore Wind Farms - Variation 2 added.

  8. Cefas rates update 2025

  9. East Anglia Three DML variation 3 - update

  10. April 2024 update made to Fees.

  11. Norfolk Boreas Offshore Wind Farm 2021 - update

  12. Norfolk Vanguard Offshore Wind Farm Order 2022 - update

  13. Hornsea Two Offshore Wind Farm – Variation 6

  14. Link added to Able Marine Energy Park variation 3

  15. Hornsea Two - Variation 5 update

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

  17. Page updated with East Anglia Three DML variation 2

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

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

  20. Great Yarmouth added

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

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

  23. 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

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

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

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

  27. Able Marine Energy Park Variation 2 case added

  28. New case added: Preesall saltfield underground gas storage

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

  30. New variation added

  31. Hornsea Two Offshore Wind Farm – Variation 3 added

  32. Hornsea Two Offshore Wind Farm – Variation 2 added

  33. Triton Knoll Electrical System Order 2016 Variation added

  34. Triton Knoll Offshore Wind Farm Order 2013 Variation added

  35. Hornsea Two Offshore Wind Farm – Variation 1 added

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

  37. ABLE Marine Energy Park variation added

  38. Rampion Wind Farm variation 2 added

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

  40. Hornsea One Offshore Wind Farm - Variation 2 added

  41. Galloper wind farm – Variation 3 added

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

  43. Galloper wind farm variation 2 added

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

  45. Thames Tideway Tunnel development consent order added

  46. Burbo Bank Extension Offshore Wind Farm variation request added

  47. East Anglia ONE offshore windfarm decision added

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

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

  50. First published.

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