50.
The MCAA provides for marine licences to be obtained in respect of all works and deposits above, on or under the sea bed that occur below mean high water springs (MHWS).
51.
The MCAA also adds a new section to the 2008 Act (Part 4 - 149A “Deemed Consent under a marine licence”) enabling a DCO applicant apply for a deemed marine licence as part of the DCO process.
3.3.3.4.1 Marine Planning 52.
Through the MCAA, the UK Government introduced measures including provision for the introduction of a marine planning system. The Secretary of State for Environment, Food and Rural Affairs is the marine plan authority for England’s marine area but has delegated a number of functions in respect of marine planning in England to the MMO. The Marine Policy Statement (MPS) adopted by all UK administrations in March 2011 provides the policy framework for the preparation of marine plans, establishing how decisions affecting the marine area should be made in order to enable sustainable development.
53.
The MPS also provides an overview and summary of national policy relevant to marine planning and decision-making in the marine area. Marine plans are intended to guide developments and activities to ensure maximisation of the economic worth of the marine area in a sustainable way.
54.
The first Marine Plans include the East Inshore and East Offshore Marine Plans which were formally adopted on 2nd April 2014. The East Inshore Marine Plan area covers 6,000km2 of sea, from mean high water springs out to the 12 nautical mile limit from Flamborough Head in the north to Felixstowe in the south. The East Offshore Marine Plan covers 49,000km2 of area from the 12 nautical mile limit to the border with the Netherlands, Belgium and France.
55.
Public authorities, including the MMO, must consider the adopted marine plan for all authorisations – "any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general" (MCAA 2009, section 58 (6)) – or enforcement decisions that may affect the plan area, unless relevant considerations indicate otherwise. A relevant consideration includes whether or not an application relates to a NSIP as set out in the Planning Act 2008. Decision making in relation to NSIP projects in English waters should have regard to the appropriate marine policy document be it the MPS or an adopted marine plan.
Preliminary Environmental Information May 2014
East Anglia THREE Offshore Windfarm
Chapter 3 Policy and Legislative Context Page 12
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