Issues and Options Document
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Issues and Options Document
Protecting and Enhancing our Environment
Representation ID: 35795
Received: 05/03/2018
Respondent: Marine Management Organisation
Marine Management Organisation Response
I have reviewed the Issues and Options document.
The MMO supports your reference in 10.38 to the emerging South East Marine Plan and the UK Marine Policy Statement until such a plan is adopted. In general, the process in the UK is called Marine Planning with resulting English Marine Plans, not 'Marine Management Plans'. As marine plan boundaries extend up to the level of the mean high water spring tides mark, there will be an overlap with terrestrial plans which generally extend to the mean low water springs mark. The MMO is likewise holding an engagement period on the South East Marine Plan Vision and Options stage which include issues and options on categories also found in your document, such as coastal change and houseboats. For more details see here http://goo.gl/H2Az9P.
As the South East Marine Plan continues to develop I hope to hold a Duty to Cooperate meeting with Rochford District Council before the Autumn this year, where I hope the meeting would be beneficial for both parties as it would cover marine planning, the south east marine plan, Rochford specific issues/priorities and the integration with terrestrial plans. For this engagement I usually come to you, if this is appropriate.
Please see below our general consultation response also.
General Consultation response- PLEASE READ
Response to your consultation
The Marine Management Organisation (MMO) is a non-departmental public body responsible for the management of England's marine area on behalf of the UK government. The MMO's delivery functions are; marine planning, marine licensing, wildlife licensing and enforcement, marine protected area management, marine emergencies, fisheries management and issuing European grants.
Marine Licensing
Activities taking place below the mean high water mark may require a marine licence in accordance with the Marine and Coastal Access Act (MCAA) 2009. Such activities include the construction, alteration or improvement of any works, dredging, or a deposit or removal of a substance or object below the mean high water springs mark or in any tidal river to the extent of the tidal influence. You can also apply to the MMO for consent under the Electricity Act 1989 (as amended) for offshore generating stations between 1 and 100 megawatts in England and parts of Wales. The MMO is also the authority responsible for processing and determining harbour orders in England, and for some ports in Wales, and for granting consent under various local Acts and orders regarding harbours. A wildlife licence is also required for activities that that would affect a UK or European protected marine species.
Also in terms of Marine Licensing we raise to your attention the Coastal Concordat. The Coastal Concordat provides a framework within which the separate processes for the consenting of coastal developments in England can be better coordinated. Where this refers to proposed works that contain aspects that fall both above and below mean high water springs. It offers benefits to applicants, regulators and advisors alike by reducing unnecessary regulatory duplication, providing better sign-posting, streamlining assessments and increasing transparency and consistency of advice. www.gov.uk/government/publications/a-coastal-concordat-for-england . In addition, the 25 Year Environment Plan (Department for Environmental, Food & Rural Affairs, 2018) states "All local authorities with a coastal interest will be signed up to the Coastal Concordat by 2021."
A simple guide to the marine licencing process for Local Planning Authorities (LPAs) has also been produced. The guide contains useful information that will enable LPAs to: (1)Better understand the marine licence application process;(2)Apply for marine licences more efficiently;(3)Provide information to their own applicants; and (4)Have access to useful contacts and relevant information. www.gov.uk/government/publications/marine-licensing-an-guide-for-local-planning-authorities-lpas/marine-licensing-an-guide-for-local-planning-authorities-lpas
Marine Planning
As the marine planning authority for England the MMO is responsible for preparing marine plans for English inshore and offshore waters. At its landward extent, a marine plan will apply up to the mean high water springs mark, which includes the tidal extent of any rivers. As marine plan boundaries extend up to the level of the mean high water spring tides mark, there will be an overlap with terrestrial plans which generally extend to the mean low water springs mark. Marine plans will inform and guide decision makers on development in marine and coastal areas.
The MMO is currently in the process of developing marine plans for the remaining 7 marine plan areas by 2021, including the South East Marine Plan.
Planning documents for areas with a coastal influence may wish to make reference to the MMO's licensing requirements and any relevant marine plans to ensure that necessary regulations are adhered to. For marine and coastal areas where a marine plan is not currently in place, we advise local authorities to refer to the Marine Policy Statement for guidance on any planning activity that includes a section of coastline or tidal river. All public authorities taking authorisation or enforcement decisions that affect or might affect the UK marine area must do so in accordance with the Marine and Coastal Access Act and the UK Marine Policy Statement unless relevant considerations indicate otherwise. Local authorities may also wish to refer to our online guidance and the Planning Advisory Service soundness self-assessment checklist.
Minerals and waste plans and local aggregate assessments
If you are consulting on a mineral/waste plan or local aggregate assessment, the MMO recommend reference to marine aggregates is included and reference to be made to the documents below:
* The Marine Policy Statement (MPS), section 3.5 which highlights the importance of marine aggregates and its supply to England's (and the UK) construction industry.
* The National Planning Policy Framework (NPPF) which sets out policies for national (England) construction minerals supply.
* The Managed Aggregate Supply System (MASS) which includes specific references to the role of marine aggregates in the wider portfolio of supply.
* The National and regional guidelines for aggregates provision in England 2005-2020 predict likely aggregate demand over this period including marine supply.
The NPPF informed MASS guidance requires local mineral planning authorities to prepare Local Aggregate Assessments, these assessments have to consider the opportunities and constraints of all mineral supplies into their planning regions - including marine. This means that even land-locked counties, may have to consider the role that marine sourced supplies (delivered by rail or river) play - particularly where land based resources are becoming increasingly constrained.
Marine Management Organisation Response
I have reviewed the Issues and Options document.
The MMO supports your reference in 10.38 to the emerging South East Marine Plan and the UK Marine Policy Statement until such a plan is adopted. In general, the process in the UK is called Marine Planning with resulting English Marine Plans, not 'Marine Management Plans'. As marine plan boundaries extend up to the level of the mean high water spring tides mark, there will be an overlap with terrestrial plans which generally extend to the mean low water springs mark. The MMO is likewise holding an engagement period on the South East Marine Plan Vision and Options stage which include issues and options on categories also found in your document, such as coastal change and houseboats. For more details see here http://goo.gl/H2Az9P.
As the South East Marine Plan continues to develop I hope to hold a Duty to Cooperate meeting with Rochford District Council before the Autumn this year, where I hope the meeting would be beneficial for both parties as it would cover marine planning, the south east marine plan, Rochford specific issues/priorities and the integration with terrestrial plans. For this engagement I usually come to you, if this is appropriate.
Please see below our general consultation response also.
General Consultation response- PLEASE READ
Response to your consultation
The Marine Management Organisation (MMO) is a non-departmental public body responsible for the management of England's marine area on behalf of the UK government. The MMO's delivery functions are; marine planning, marine licensing, wildlife licensing and enforcement, marine protected area management, marine emergencies, fisheries management and issuing European grants.
Marine Licensing
Activities taking place below the mean high water mark may require a marine licence in accordance with the Marine and Coastal Access Act (MCAA) 2009. Such activities include the construction, alteration or improvement of any works, dredging, or a deposit or removal of a substance or object below the mean high water springs mark or in any tidal river to the extent of the tidal influence. You can also apply to the MMO for consent under the Electricity Act 1989 (as amended) for offshore generating stations between 1 and 100 megawatts in England and parts of Wales. The MMO is also the authority responsible for processing and determining harbour orders in England, and for some ports in Wales, and for granting consent under various local Acts and orders regarding harbours. A wildlife licence is also required for activities that that would affect a UK or European protected marine species.
Also in terms of Marine Licensing we raise to your attention the Coastal Concordat. The Coastal Concordat provides a framework within which the separate processes for the consenting of coastal developments in England can be better coordinated. Where this refers to proposed works that contain aspects that fall both above and below mean high water springs. It offers benefits to applicants, regulators and advisors alike by reducing unnecessary regulatory duplication, providing better sign-posting, streamlining assessments and increasing transparency and consistency of advice. www.gov.uk/government/publications/a-coastal-concordat-for-england . In addition, the 25 Year Environment Plan (Department for Environmental, Food & Rural Affairs, 2018) states "All local authorities with a coastal interest will be signed up to the Coastal Concordat by 2021."
A simple guide to the marine licencing process for Local Planning Authorities (LPAs) has also been produced. The guide contains useful information that will enable LPAs to: (1)Better understand the marine licence application process;(2)Apply for marine licences more efficiently;(3)Provide information to their own applicants; and (4)Have access to useful contacts and relevant information. www.gov.uk/government/publications/marine-licensing-an-guide-for-local-planning-authorities-lpas/marine-licensing-an-guide-for-local-planning-authorities-lpas
Marine Planning
As the marine planning authority for England the MMO is responsible for preparing marine plans for English inshore and offshore waters. At its landward extent, a marine plan will apply up to the mean high water springs mark, which includes the tidal extent of any rivers. As marine plan boundaries extend up to the level of the mean high water spring tides mark, there will be an overlap with terrestrial plans which generally extend to the mean low water springs mark. Marine plans will inform and guide decision makers on development in marine and coastal areas.
The MMO is currently in the process of developing marine plans for the remaining 7 marine plan areas by 2021, including the South East Marine Plan.
Planning documents for areas with a coastal influence may wish to make reference to the MMO's licensing requirements and any relevant marine plans to ensure that necessary regulations are adhered to. For marine and coastal areas where a marine plan is not currently in place, we advise local authorities to refer to the Marine Policy Statement for guidance on any planning activity that includes a section of coastline or tidal river. All public authorities taking authorisation or enforcement decisions that affect or might affect the UK marine area must do so in accordance with the Marine and Coastal Access Act and the UK Marine Policy Statement unless relevant considerations indicate otherwise. Local authorities may also wish to refer to our online guidance and the Planning Advisory Service soundness self-assessment checklist.
Minerals and waste plans and local aggregate assessments
If you are consulting on a mineral/waste plan or local aggregate assessment, the MMO recommend reference to marine aggregates is included and reference to be made to the documents below:
* The Marine Policy Statement (MPS), section 3.5 which highlights the importance of marine aggregates and its supply to England's (and the UK) construction industry.
* The National Planning Policy Framework (NPPF) which sets out policies for national (England) construction minerals supply.
* The Managed Aggregate Supply System (MASS) which includes specific references to the role of marine aggregates in the wider portfolio of supply.
* The National and regional guidelines for aggregates provision in England 2005-2020 predict likely aggregate demand over this period including marine supply.
The NPPF informed MASS guidance requires local mineral planning authorities to prepare Local Aggregate Assessments, these assessments have to consider the opportunities and constraints of all mineral supplies into their planning regions - including marine. This means that even land-locked counties, may have to consider the role that marine sourced supplies (delivered by rail or river) play - particularly where land based resources are becoming increasingly constrained.
