Interactions between Terrestrial and Marine

Planning and Licensing

Jayne Griffiths and Greg

Tomlinson

September 2015

The Marine Management Organisation – who we are

• Created by the Marine

and Coastal Access Act

2009

• Almost 300 people

• Newcastle upon Tyne

(HQ) and a local

presence around the

English coastline.

• Established in 2010 to

promote the UK vision

for clean, healthy, safe,

productive and

biologically diverse

oceans and seas

Dept. of

Environment

Northern

Ireland

Welsh

Government

Marine

Management

Organisation

(MMO)

Marine

Scotland

UK Marine planning

authorities

Legislative basis for marine planning and plans

MCAA

• Marine and Coastal Access Act (2009) provides legislative basis for a marine planning system

MPS

• Marine Policy Statement (2011) (SoS) is the framework for marine plans and taking decisions

Marine Plans

• Marine Plans (MMO) will translate the MPS into detailed policy and spatial guidance for each Marine Plan area to guide and direct decision-making

Public authorities (including the MMO) must take

account of the plans (in various ways, with

exceptions) when making decisions (MACAA s58) Effect

• East Marine Plan

complete

– Signed off April

2014

• South marine plan

in progress

• Plans used to help

determine decision

making by relevant

authorities

• All marine plans by

2021

Marine plan areas

https://www.gov.uk/government/uploads/syst

em/uploads/attachment_data/file/325688/ma

rine_plan_areas.pdf

SPP and

stakeholder

engagement

Public

Consultation on

draft plan

Independent

investigation

Plan

adopted and

published

Implement,

monitor and

review

Identifying

issues

Gathering

evidence

Vision and

objectives

Options

development Plan policy

development

Plan area

selection

decision

Review plan

proposals

East

Planning Progress

EVIDENCE

South

+ HRA,

Impact

Assessment

Links to other government policy

Marine planning

including

development of

marine plans

Planning policy

including

terrestrial plan

development High Water

Low Water

Marine

licensing

(licensing

applications)

Development

management

(planning

applications)

Marine planning and licensing in context

Extent and overlap of powers

Duty to cooperate

• The Localism Act 2011 places a legal duty on local planning

authorities, county councils in England and public bodies to engage

constructively, actively and on an ongoing basis to maximise the

effectiveness of Local and Marine Plan preparation in the context of

strategic cross boundary matters.

• The Marine and Coastal Access Act 2009 requires the marine plan

authority to notify local planning authorities of its intention to prepare

a marine plan, whose area of jurisdiction adjoins the marine plan

area.

• Marine plan area boundaries extend up to the level of mean high

water spring tides while terrestrial planning boundaries generally

extend to mean low water spring tides, the marine plan area

physically overlaps with terrestrial plans.

• These duties ensure that marine and land planning jointly address

marine and land matters in a complete and consistent way.

Marine and land planning similarities

• Both marine and land plans aim to avoid the scenario

of overdevelopment, lack of space for certain activities

and to ensure the best use of an area;

• Both systems have plan-led management and

sustainability at their core;

• Both systems are subject to sustainability appraisal

(SA) and prescribed periods of consultation;

• Both need to take into account existing and adjacent

plans.

Marine and land planning differences

• The scale that the plans cover. The marine plans for the East

covers 58,700 square kilometres, therefore the level of detail will

be markedly different from land plans;

• Marine planning has one policy document and a number of

supporting documents;

• The Marine plans are implemented by a range of decision makers

(e.g. In the East plan areas 28 LA’s);

• Marine plans regulate not only marine development but also

certain marine activities. Land use plans are primarily concerned

with management of development or protection of the

environment;

• Dynamic and three dimensional nature of the marine environment.

Application of marine plans

(MCAA S.58)

• Principally through decisions made by public

authorities

• Authorisation or enforcement decisions must be

“in accordance with” the marine plans and MPS

unless relevant considerations indicate otherwise

(S.58(1))

• Decisions not taken in accordance with the

marine plans and MPS, the public authority must

state its reasons (S.58(2))

• A public authority must have regard to marine

plans and MPS in taking any decision which

relates to the exercise of any function capable of

affecting the UK marine area (S.58(3))

• Exception: decisions on NSIPs under the Planning

Act 2008 which have to have regard to marine

plans (S.58(4))

Marine plan implementation

• For each type of decision and each case within that type

of decision, the influence of marine plans and the way

they are interpreted may vary to ensure consideration in

context.

• It is for each authority to be satisfied that they are

carrying out their decision making in line with duties

under the MCAA i.e. decisions are not open to challenge

on the basis of the way marine plans have been

accounted for.

• To be used alongside the statutory marine plan

document

• An interactive tool which allows you to pick your own

area of interest – from climate change to tourism and

recreation – and see the plan policies that affect you

• You can also search geographically within your area of

interest

• We also hope MIS will act as a quick reference for

decision makers, such as local authorities, to see what

policies they should consider when

proposing/regulating developments or other activities in

or near our seas

• http://www.marinemanagement.org.uk/marineplanning/

mis/index.htm

Marine information system (MIS)

Marine information system http://www.marinemanagement.org.uk/marineplanning/mis/index.htm

• Focussed on informing development of strategic plans - Local

Development Frameworks and Core Strategies

• Recently updated to include marine planning based upon work

between Defra, DCLG, the MMO and PAS

• P.24 - Integration of marine and terrestrial planning. Sets out key

requirements under the Marine Policy Statement and Duty to Co-

Operate, as well as identifying LAs that overlap with the UK marine

area

• Planning authorities must take the marine planning system into

account during plan preparation. Not doing this could impact on the

soundness of plans and result in consequent delays

• http://www.pas.gov.uk/local-planning/-

/journal_content/56/332612/15045/ARTICLE

– Any feedback to PAS and / or DCLG directly

Planning Advisory Service – Soundness Checklist

Guidance for Local Authorities

• Sets out similarities and

differences between land

based and marine planning

system

• https://www.gov.uk/governm

ent/publications/marine-

planning-a-guide-for-local-

authority-planners

Key messages

• Local planning authorities should refer to the

appropriate marine policy document in decision-making

(marine plan or MPS)

• Decision-making must be in accordance with marine

plan (must record how decision is in accordance or not)

except for NSIPs

• Plan-making must have regard to relevant marine plans

• What tools would be useful for your planning authority

to help them implement the marine plans?

• How can the MMO help you get the messages across?

Marine licensing and the coastal concordat

An overview of marine licensing

Since April 2011, the MMO has been the marine licensing

authority for English waters.

Amongst other things, a marine licence is required for:

• deposit of any substance or object in the sea or on or

under the sea bed

• construction, alteration or improvement of any works

either in or over the sea or on or under the sea bed

• removal of any substance or object from the sea bed

and

• dredging

An overview of marine licensing

Marine licence applications are subject to various

assessment procedures. This includes (but is not limited

to):

• Environmental impact assessment

• Habitats Regulations assessment

• Marine Conservation Zone assessment

• Water Framework Directive compliance assessment

The coastal concordat

An agreement between:

• Defra

• DCLG

• Department for Transport

• Natural England

• Environment Agency

• Local Government Association

• MMO

Sets out how regulatory and advisory bodies will

work with LPAs to enable sustainable growth.

The coastal concordat

1. Single point of entry into the regulatory

system

2. Single lead authority for EIA and HRA (and

MCZs?)

3. Where possible, dispense or defer consents

4. Agree evidence requirements at pre-

application stage

5. Regulators and advisors should provide

coordinated advice

NB. Do not need to be a signatory to work under

framework of the concordat.

The coastal concordat

Who should be the single lead authority?

• Where a single technical issue is more

important than any other, the authority with the

required technical expertise should lead

• Where there are many cross-cutting issues,

the authority with greatest capacity should

lead

• Where it cuts administrative boundaries, the

authority with the principal interest should lead

• Could have separate lead authorities for EIA,

HRA and MCZs.

The coastal concordat

Can we dispense with or defer consents?

• Flood defence consents can be dispensed in

favour of a marine licence on some occasions

• MMO can defer to LA’s on EIA decisions

• Allow orders (Transport and Works Act, for

example) to disapply consenting provisions.

The coastal concordat

How can we agree evidence requirements?

• Cross-consultation on scoping opinions for

EIA?

• Agreeing evidence required for HRA and MCZs

in pre-application phase

The coastal concordat

How can we provide coordinated advice?

• Minimise and understand overlaps

• Agree lines of communication between

authorities

• Defra family single voice

Implementation Guide

• Developed to apply to Defra

Family and LPAs

• How to screen a project

• Outlines the role of each

signatory

• Step-by-step guide to

implementing each principle

• Living document

• https://www.gov.uk/government/

publications/a-coastal-

concordat-for-england

Any questions?

greg.tomlinson@marinemangement.org.uk

jayne.griffiths@marinemanagement.org.uk

Web: www.gov.uk/mmo

Twitter: @the_MMO

Facebook: /MarineManagementOrganisation