Discharges from land

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:

The following guidance, codes, plans or strategies are also relevant to the management of this activity:

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:

The following guidance, codes, plans or strategies are also relevant to the management of this activity:

Discharges from land are largely regulated by environmental permits and through the land-use planning process.

Discharge consents:

A permit from EA is required to discharge liquid effluent or waste water (poisonous, noxious or polluting matter, waste matter, or trade or sewage effluent) into surface waters, such as rivers, streams, estuaries, or coastal waters. This includes discharges from septic tanks. Discharges which might affect a European site are subject to Habitats Regulations assessment (HRA) before permission is granted.

Consent from Northumbrian Water is required for discharge of trade effluent into a sewer. Trade effluent is defined by the Water Industry Act 1991 as “any liquid, either with or without particles of matter in suspension in the liquid, which is wholly or partly produced in the course of any trade or industry carried on at a trade premises.”

Land Use Planning:

Construction of new pipelines or outfalls above low water will require planning permission from the Local Planning Authority (Northumberland County Council or North Tyneside Council).

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.

Water Quality Monitoring:

The Environment Agency monitors and reports on bathing water quality and on the ecological status of coastal waters.

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.

Discharges from land are largely regulated by environmental permits and through the land-use planning process.

Discharge consents:

A permit from SEPA is required to discharge liquid effluent or waste water (poisonous, noxious or polluting matter, waste matter, or trade or sewage effluent) into surface waters, such as rivers, streams, estuaries, or coastal waters. This includes discharges from septic tanks. Discharges which might affect a European site are subject to Habitats Regulations Appraisal (HRA) before permission is granted.

Consent from Scottish Water is required for discharge of trade effluent into a sewer. Trade effluent is defined by the Water Industry Act 1991 as “any liquid, either with or without particles of matter in suspension in the liquid, which is wholly or partly produced in the course of any trade or industry carried on at a trade premises.”

Land Use Planning:

Construction of new pipelines or outfalls above low water will require planning permission from the Local Planning Authority (Scottish Borders Council). )

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.

Water Quality Monitoring:

SEPA monitors and reports on bathing water quality and on the ecological status of coastal waters.

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.

The cumulative impact of coastal developments that don’t drain into the sewerage system, including individual septic tanks misconnections, is unknown. Misconnections can arise in a variety of situations and depending on ownership of pipes etc. and would have to be considered on a case by case basis. Opportunities to use existing water quality monitoring data to inform site condition may be missed at present.

The cumulative impact of coastal developments that don’t drain into the sewerage system, including individual septic tanks misconnections, is unknown. Misconnections can arise in a variety of situations and depending on ownership of pipes etc. and would have to be considered on a case by case basis. Opportunities to use existing water quality monitoring data to inform site condition may be missed at present.