Planning Act 2008

149 Deemed licences under Part 2 of the Food and Environment Protection Act 1985

(1) An order granting development consent may include provision deeming a licence to have been issued under Part 2 of the Food and Environment Protection Act 1985 (c. 48) for any operations only if the operations are to be carried out wholly in one or more of the areas specified in subsection (2).

(2) The areas are—

(a) England;

(b) waters adjacent to England up to the seaward limits of the territorial sea;

(c) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

(d) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

(3) Subsections (4) and (5) apply if an order granting development consent includes provision—

(a) deeming a licence to have been issued under Part 2 of the Food and Environment Protection Act 1985 subject to specified provisions, and

(b) deeming those provisions to have been included in the licence by virtue of that Act.

(4) A person who fails to comply with such a provision does not commit an offence under section 161 of this Act.

(5) Paragraphs 1 and 2 of Schedule 3 to the Food and Environment Protection Act 1985 (c. 48) (licences: right to make representations etc.) do not apply in relation to the deemed licence.