Planning Act 2008

148 Deemed consent under section 34 of the Coast Protection Act 1949

(1) An order granting development consent may include provision deeming consent under section 34 of the Coast Protection Act 1949 (c. 74) to have been given 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) Wales;

(c) waters adjacent to England or Wales up to the seaward limits of the territorial sea;

(d) an area designated under section 1(7) of the Continental Shelf Act 1964 (c. 29).

(3) Subsection (4) applies if an order granting development consent includes provision—

(a) deeming consent under section 34 of the Coast Protection Act 1949 to have been given subject to specified conditions, and

(b) deeming those conditions to have been imposed by the Secretary of State under that section.

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