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Marine and Coastal Access Act 2009

Section 23: MMO’s role in relation to applications for development consent

103.This section amends certain sections of the Planning Act 2008 to set out the MMO’s role in relation to development consents. It inserts a reference to the MMO into section 42 of the Planning Act 2008 as a body that must be consulted in any case where the proposed development would affect, or would be likely to affect, any of the areas where the MMO operates and where the Infrastructure Planning Commission (IPC) also operates. The areas in question are waters in or adjacent to England and waters in the renewable energy zone, the exclusive economic zone or the continental shelf (but not where Scottish Ministers have functions).

104.This section also inserts references to the MMO into section 56 of the Planning Act 2008 as a body that must be notified, and into section 102 of that Act as an interested party, for any case where an application has been accepted by the IPC for a development that involves an activity in the areas where the MMO operates and where the IPC also operates. This ensures that the MMO is notified of accepted applications and may then be involved throughout the examination of those applications.

105.Subsection (7) places a duty on the Secretary of State to issue guidance to the MMO on the kind of representations it may make in the cases above.

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