Harbour development

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 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. 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.

Environmental Duty on Harbour Authorities:

The Transport and Works Act 1992 amends Section 48 of the Harbours Act 1964 and places a responsibility on a harbour authority to consider the environment in its management of a port or harbour. Section 48 states:

It shall be the duty of a harbour authority in formulating or considering any proposals relating to its functions under any enactment to have regard to –

1. a) the conservation of the natural beauty of the countryside and of flora, fauna and geological or physiographical features of special interest;
2. b) the desirability of preserving for the public any freedom of access to places of natural beauty;
3. c) the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest;

and to take into account any effect which the proposals may have on the natural beauty of the countryside, flora, fauna or any such feature of facility.

Port Marine Safety Code:

The Port Marine Safety Code (2016), produced by the Department for Transport and the MCA, sets out a national standard for port marine safety. The code applies to all harbour authorities and other marine facilities, berths and terminals in the UK. It includes a section on environmental duties. A Guide to Good Practice on Port Marine Operations has been prepared in conjunction with the Port Marine Safety Code.

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. 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.

Environmental Duty on Harbour Authorities:

The Transport and Works Act 1992 amends Section 48 of the Harbours Act 1964 and places a responsibility on a harbour authority to consider the environment in its management of a port or harbour. Section 48 states:

It shall be the duty of a harbour authority in formulating or considering any proposals relating to its functions under any enactment to have regard to –

1. a) the conservation of the natural beauty of the countryside and of flora, fauna and geological or physiographical features of special interest;
2. b) the desirability of preserving for the public any freedom of access to places of natural beauty;
3. c) the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest;

and to take into account any effect which the proposals may have on the natural beauty of the countryside, flora, fauna or any such feature of facility.

Port Marine Safety Code:

The Port Marine Safety Code (2016), produced by the Department for Transport and the MCA, sets out a national standard for port marine safety. The code applies to all harbour authorities and other marine facilities, berths and terminals in the UK. It includes a section on environmental duties. A Guide to Good Practice on Port Marine Operations has been prepared in conjunction with the Port Marine Safety Code.

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.

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