Description

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

Key locations

Potentially along any of the Berwickshire and Northumberland/North Tyneside coast.

Frequency

Normally as and when required

Potential issues

  • Loss of habitats to development
  • Disturbance to seals and/or birds
  • Non-toxic contamination caused by release of organic material from the land
  • Changes to coastal processes caused by new structures
  • Toxic contamination from materials used
  • Increased water turbidity
  • Siltation by increased levels of particulate materials
  • Modified hydrography/altered water movement
  • Smothering of habitat features (effective removal), due to dumping of material

Features of Marine Protected Areas which might be affected

  • Reefs
  • Sea caves
  • Sand and mud flats
  • Inlets and bays
  • Saltmarsh
  • Grey seal
  • Birds (wintering and breeding)

Legal Responsibilities or Duties (England)

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 

Relevant Guidance, Plans or Codes (England)

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

Details of Current Management (England)

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.

Gaps in Management (England)

None

Legal Responsibilities or Duties (Scotland)

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 Scotland

 

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 Scotland
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

Details of Current Management (Scotland)

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 Scotland 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 Marine Scotland.  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.

Gaps in Management (Scotland)

None