Flood and coastal defence

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:

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 (including flood defence) is given below:

Responsibilities for managing flood and coastal erosion risks

The Department for Environment, Food and Rural Affairs (Defra) is the policy lead for flood and coastal erosion risk management in England. The Environment Agency has overall responsibility for the management of flood and coastal erosion risks in England (including coastal defences) and for developing and applying national the flood risk strategy. District and unitary authorities in coastal areas act as Coastal Protection Authorities and lead on coastal erosion risk management activities in their area. This includes the development of Shoreline Management Plans. The Scottish Borders to the River Tyne Shoreline Management Plan sets out long term coastal defence options and priorities for the coast.

A description of the roles and responsibilities for managing flood risk in England is given HERE

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. 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, require a licence 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 (including flood defence) is given below:

Responsibilities for managing flood and coastal erosion risks

SEPA works with local authorities, Scottish Water and other public bodies, to co-ordinate flood risk management in Scotland and produce the National Flood Risk Assessment. Local authorities lead on the preparation of local flood risk management plans, which supplement the national strategies prepared by SEPA. They have the ability to make and build flood protection schemes.

The Forth Estuary Local Flood Risk Management Plan sets out local flood risk measures for the area which includes the Berwickshire coast.

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 Direcive 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. NatureScot 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.

Scottish section of the partnership area is not covered by a Shoreline Management Plan