287. (1) F1212[Subject to subsection (4), a person] (in this Chapter referred to as a "prospective applicant") who—

(a) having regard to subsection (3) of section 286, is eligible to apply for permission to carry out development to which this Chapter applies, and

(b) proposes to make an application under section 291 for such permission,

shall, before making the application, consult with the Board in relation thereto.

(2) The Board may, upon being consulted by a prospective applicant in accordance with subsection (1), provide its opinion to the prospective applicant regarding the making of the application concerned and, in particular, as respects—

(a) the procedures to be followed by the prospective applicant when making the application and by the Board when considering the application,

(b) the documents required to accompany the application,

(c) the need for the prospective applicant to create an internet website for the purpose of publishing the application and all documentation accompanying the application,

(d) the publication of notices in accordance with this Act, the furnishing of documentation to persons referred to in subsection (3) of section 291 and the making of submissions and observations in relation to an application under that section,

(e) such persons as may be prescribed for the purposes of this Chapter,

(f) some or all of the matters that the Board is likely to take into consideration relating to—

(i) the National Marine Planning Framework,

(ii) objectives of maritime spatial planning,

(iii) principles of proper planning and sustainable development, and

(iv) the environment or any European site,

when making a decision under section 293 in relation to the application,

(g) the fees payable to the Board in relation to the making of the application, and

(h) compliance by the prospective applicant with any direction of the Board under subsection (3) of section 291.

(3) The Board may, at any time, conclude a consultation under this section where it considers it appropriate to so do.]

F1213[(4) (a) Subject to paragraph (b), a prospective applicant for permission to carry out development consisting of port infrastructure to facilitate the deployment, maintenance or operation of offshore renewable energy infrastructure may consult with the Board in accordance with subsection (1) notwithstanding that the prospective applicant is not the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of such proposed development.

(b) Paragraph (a) shall not be construed to entitle the prospective applicant referred to in that paragraph to make an application under section 291 for permission for the development referred to in that paragraph without being the holder of the maritime area consent referred to in that paragraph.]