Apply to generate energy offshore
Offshore generating stations may require a marine licence and other consent.
Overview
Following changes introduced by the Planning and Infrastructure Act 2025, generating capacity alone should not be used to determine the consenting route for an offshore energy project.
The consents required will depend on the nature, location and characteristics of the proposed development.
Offshore energy projects may be consented through:
- a marine licence from the Marine Management Organisation (MMO)
- a section 36 consent under the Electricity Act 1989, which may also require a marine licence
- the Nationally Significant Infrastructure Project (NSIP) regime, which may include a deemed marine licence
Developers should identify the appropriate consenting route at an early stage and engage with the relevant consenting authority before submitting an application.
Marine licences
Activities carried out within the UK marine area may require a marine licence under Part 4 of the Marine and Coastal Access Act 2009.
Examples include:
- construction of offshore energy infrastructure
- depositing materials or substances in the sea
- dredging activities
- alteration, improvement or removal of existing structures
MMO is responsible for determining marine licence applications in English waters, except where a marine licence is deemed as part of another statutory consent.
Section 36 consents
Some offshore generating stations require consent under section 36 of the Electricity Act 1989.
Where section 36 consent is required, applicants should engage with MMO at an early stage to discuss application requirements, environmental assessments and any associated marine licensing requirements.
An offshore energy project may require both:
- a section 36 consent under the Electricity Act 1989; and
- a marine licence under the Marine and Coastal Access Act 2009.
Applicants should ensure all required consents are identified before submitting an application.
Development Consent Orders and deemed marine licences
Some offshore energy developments are authorised through the NSIP regime.
Where a Development Consent Order (DCO) is granted by the Secretary of State, it may include a deemed marine licence covering activities within the marine area. Where activities are covered by a deemed marine licence, a separate marine licence application to MMO is not normally required for those activities.
Other permissions and approvals
In addition to a section 36 consent, marine licence or DCO, offshore energy developments may require other permissions, licences or approvals, including:
- environmental permits
- habitats and species licences
- harbour authority consents
- navigation-related approvals
- Crown Estate agreements and seabed rights
- approvals from other regulators and statutory bodies
Requirements will vary according to the nature and location of the project.
Before you apply
Before submitting an application, you should:
- identify the consenting regime applicable to your project
- contact MMO to discuss regulatory requirements
- determine whether section 36 consent is required
- determine whether a marine licence or deemed marine licence will apply
- identify any additional consents or approvals needed
- discuss environmental assessment requirements with the relevant consenting authority
Safety zone applications
You can apply to MMO for a safety zone declaration to apply around offshore renewable energy generating stations.
Safety zone applications can be submitted at same time as the section 36 consent or separately.
You should declare whether you intend to apply for a safety zone declaration when you apply for section 36 consent.
Safety zone declarations can cover different phases of a project. They do not apply to inter-array or export cables.
The standard safety zone is typically up to:
- 500 metres for construction
- 50 metres during operation
Further guidance on safety zone consents.
Application fees for safety zone consents.
Further information
If you are unsure which consenting route applies to your offshore energy development, contact MMO before preparing your application.
Updates to this page
-
Page update.
-
First published.