Construction and development not related to coast or flood defence or to maintenance/creation of harbour or port facilities. Includes development of renewables, construction of slipways, or outfall pipes and laying of cables
Potentially along any of the Berwickshire and Northumberland/North Tyneside coast.
Normally as and when required
Organisation | Description of powers or responsibilities |
Local Authorities |
|
Marine Directorate (Scottish Government) |
|
Marine Management Organisation |
|
Environment Agency |
|
NatureScot
|
|
Natural England |
|
Northumberland IFCA |
|
Crown Estate
Crown Estate Scotland |
|
A number of legal powers, duties, or regulatory tools exist which are relevant to this activity and its management. These are summarised in the table below:
Legislation | Relevant Legal Power or Duty |
Lead Organisation(s) |
Town and Country Planning Act 1990
|
Requirement for Planning Permission for development down to mean low water
|
Northumberland County Council
North Tyneside Council
|
The Town and Country Planning (Environmental Impact Assessment) (Amendment) Regulations 2017
The Marine Works (Environmental Impact Assessment) Regulations 2007 |
Requirements for Environmental Impact Assessment (EIA) for certain types of development | Northumberland County Council
North Tyneside Council
Marine Management Organisation |
The Conservation of Habitats and Species Regulations 2017 (Regulation 63)
As modified by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019
|
Requirement for all Competent Authorities to undertake a Habitats Regulations Assessment (HRA) before granting permission for plans or projects
|
DEFRA
|
Marine and Coastal Access Act 2009 (Section 71)
|
Requirement for a Marine Licences to deposit or remove material from the seabed (including the intertidal zone) | Marine Management Organisation
|
Wildlife and Countryside Act 1981 (as amended) (Section 28)
|
Requirement for Consent, Assent or Advice from Nature England before certain activities take place on SSSIs | Natural England |
Marine and Coastal Access Act 2009 (Section 126) | Duty on all Public Authorities to consider the effect of proposed activities on Marine Conservation Zones (MCZs) before authorising them | Marine Management Organisation |
The following guidance, codes, plans or strategies are also relevant to the management of this activity:
Name | Description | Responsible Organisation | Statutory or Non-Statutory? |
Guidance on the duties on public authorities in relation to Marine Conservation Zones | Guidance note on duties of Public Authorities towards MCZs | Defra | Non-Statutory |
A number of legal power, duties or regulatory tools exist which are relevant to this activity and its management. These are summarised in the table below:
Legislation | Relevant Legal Power or Duty |
Lead Organisation(s) |
Town and Country Planning (Scotland) Act 1997 | Requirements for Planning Permission for developments down to mean low water | Scottish Borders Council |
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
The Marine Works (Environmental Impact Assessment) Regulations 2007 |
Requirements for Environmental Impact Assessment (EIA) of certain types of development | Scottish Borders Council
Marine Directorate |
The Conservation (Natural Habitats, &c.) Regulations 1994 (Regulation 48)
As modified by The Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 |
Requirement for all Competent Authorities to carry out a Habitats Regulations Appraisal (HRA) before granting permission for plans or projects | Scottish Government |
Marine (Scotland) Act 2010 (Part 4) | Requirement for a Marine Licence to be obtained for deposition or removal of material from the seabed (including intertidal land) | Marine Directorate |
Nature Conservation (Scotland) Act 2004 (Sections 13-17) | Requirement to obtain consent from NatureScot before carrying out certain activities within SSSIs | NatureScot |
Nature Conservation (Scotland) Act (2004) (Section 1) | Duty on Public Bodies to further the conservation of biodiversity when carrying out their functions | Scottish Government |
Development on the coast is largely managed and regulated through the planning process and through the issuing of licences and consents. A summary of the main regulatory controls on coastal development is given below:
Land Use Planning:
Developments above low water will require planning permission from the Local Planning Authority. On land designated as a European site (SAC or SPA) permission from the Local Planning Authority will still be needed for activities which would normally be considered under a General Development Order (Conservation of Habitats and Species Regulations 2017, Regulation 77).
Environmental Impact Assessment (EIA) will be needed for activities which fall within the scope of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and/or The Marine Works (Environmental Impact Assessment) Regulations 2007. Screening and scoping opinions on the need for an EIA are provided by the Local Planning Authority for the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 while the Marine Management Organisation provides scoping and screening opinions for the Marine Works (Environmental Impact Assessment) Regulations 2007.
Habitats Regulations Assessment:
Before deciding to undertake, or give any consent, permission or other authorisation for activities which might impact on a SAC or SPA, Competent Authorities are required by law to undertake an assessment that there will be no significant impact on the features for which the site has been notified. This assessment comprises several distinct stages which are collectively described as a ‘Habitats Regulations Assessment’ (or HRA). This will include formal screening for any Likely Significant Effects (either alone or in combination with other plans or projects). Where these effects cannot be excluded they are then assessed in more detail through an Appropriate Assessment (AA) to determine if an adverse effect on the integrity of the site can be ruled out. If an adverse effect on the site cannot be ruled out then the project can only go ahead if there are imperative reasons of over-riding public interest and if the necessary compensatory measures can be secured.
Competent Authorities are also required to review any existing consents or permissions which may affect the integrity of a European site. This has work has already been done for all European sites within Northumberland/North Tyneside with the exception of the Northumberland Marine SPA which was designated in 2017
Consents and Licences:
Activities between mean high water spring tide and the territorial limit (including estuaries, rivers and channels where water flows at mean high water spring tide) are subject to requirements for a Marine Licence from the MMO. Activities which require a marine licence including removal or deposition of materials in the intertidal or sub-tidal area and the construction, alteration or improvement of any pipeline in the UK marine area, other than those used in relation to oil and gas, carbon capture and storage. Further information about Marine Licences can be found at https://www.gov.uk/guidance/do-i-need-a-marine-licence
Consent or Assent from Natural England may be needed for certain activities on Sites of Special Scientific Interest (SSSIs) if these are not already included within any planning permission or statutory licence. Natural England should be consulted for their formal advice on impacts to SSSIs as part of the consultation progress for planning permission or granting of a statutory licence.
Statutory Duty to consider impacts on Marine Conservation Zones (MCZs):
Public authorities have a statutory duty to consider the effect of proposed activities on MCZs before authorising them and to impose restrictions on the authorisation of activities that may have a significant risk of hindering the conservation objectives of the site.
Development on the coast is largely managed and regulated through the planning process and through the issuing of licences and consents. A summary of the main regulatory controls on coastal development is given below:
Land Use Planning:
Developments above low water will require planning permission from the Local Planning Authority (Scottish Borders Council). Activities on land designated as a European site (SAC or SPA), permission from the Local Planning Authority will still be needed for activities which would normally be considered under a General Development Order (Conservation (Natural Habitats, &c.) Regulations 1994, Regulation 60).
Environmental Impact Assessment (EIA) will be needed for activities which fall within the scope of The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 and/or The Marine Works (Environmental Impact Assessment) Regulations 2007. Screening and scoping opinions on the need for an EIA are provided by the Local Planning Authority for the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 while the Marine Directive provides scoping and screening opinions for The Marine Works (Environmental Impact Assessment) Regulations 2007
Habitats Regulations Appraisal:
Before deciding to undertake, or give any consent, permission or other authorisation for activities which might impact on a SAC or SPA, Competent Authorities are required by law to undertake an assessment that there will be no significant impact on the features for which the site has been notified. This assessment comprises several distinct stages which in Scotland are collectively described as a ‘Habitats Regulations Appraisal’ (or HRA). This will include formal screening for any Likely Significant Effects (either alone or in combination with other plans or projects). Where these effects cannot be excluded they are then assessed in more detail through an Appropriate Assessment (AA) to determine if an adverse effect on the integrity of the site can be ruled out. If an adverse effect on the site cannot be ruled out then the project can only go ahead if there are imperative reasons of over-riding public interest and if the necessary compensatory measures can be secured.
The NatureScot website contains further details of this.
Consents and Licences:
Activities between mean high-water spring tide and the territorial limit (including estuaries, rivers and channels where water flows at mean high water spring tide) are subject to requirements for a Marine Licence from the Marine Directorate. Activities which require a marine licence including removal or deposition of materials in the intertidal or sub-tidal area http://www.gov.scot/Topics/marine/Licensing/marine Certain exemptions exist for the need for a Marine Licence. More information on this can be found at https://www.gov.uk/government/publications/marine-licensing-exempted-activities/marine-licensing-exempted-activities
Consent from NatureScot may be needed for certain activities on Sites of Special Scientific Interest (SSSIs) if these are not already included within any planning permission or statutory licence. SNH should be consulted for their formal advice on impacts to SSSIs as part of the consultation progress for planning permission or granting of a statutory licence.
Biodiversity Duty:
Under the Nature Conservation (Scotland) Act (2004), all public bodies in Scotland are required to further the conservation of biodiversity when carrying out their responsibilities. This includes coastal and marine biodiversity where relevant to the functions of the public body. The Wildlife and Natural Environment (Scotland) Act (2011) requires public bodies in Scotland to provide a publicly available report, every three years, on the actions which they have taken to meet this biodiversity duty.
More work is needed to identify potential opportunities for ecological enhancements of new and existing structures on our coast and estuaries and to promote these to coastal engineers.