SITE SELECTION & PLANNING
FEATURE SPONSOR
BALANCING PROTECTION, DEVELOPMENT & CONSERVATION
As increasing use and development pressures are placed on the sea, awareness has heightened in relation to marine planning in recent years. Nevertheless, it remains an emerging and somewhat fluid (excuse the pun) area of planning law, which aims to balance development, conservation and protection in an integrated manner
When considering any form of marine development, a knowledge of planning law and policy both on land and on/offshore, the crown estates and marine licensing is extremely beneficial.
PLANNING
When selecting a marine development site, it is worth acknowledging that the land access site will also be subject to a planning application. Marine development sites often adopt land access points in Areas of Outstanding Natural Beauty, Sites of Special Scientific Interest and Conservation Areas. Demonstrating accordance with relevant local and national policies is therefore paramount and such development applications will often necessitate the commissioning of relevant third party technical evidence, such as environmental or ecological reports.
CROWN ESTATES
During the marine planning consultation process, the interests of various parties are carefully considered, from Environmental Health
This is perhaps a drop in the ocean in relation to the global marine resource, albeit considerable in a national context. When selecting a marine development site, it will be necessary to inform the Crown Estates and, where necessary, pay the appropriate fee.
MARINE LICENSING The Marine Management Organisation (MMO) is responsible for marine licensing in English inshore and offshore areas.
There are six categories of activity which may require a licence… » Construction, alteration or improvement of works
» Dredging » Deposits of any substance or object
to Ports and Harbours Operations. The Crown Estate enjoys rights associated with the marine resource, in particular the right to explore and use the natural resources of the UK Continental Shelf (excluding coal, oil & gas) up to a distance of 200 nautical miles.
» Incineration of any substance or object
» Removal of any substance or object
» Scuttling of any vessel or floating container
CHALLENGES The marine resource raises interesting challenges for planning and environmental solicitors and the above points are just a handful of factors which should be considered when selecting a marine development site.
Efforts should focus on the need to ensure a proactive and reciprocal relationship, based on cooperation, is developed whereby development plans on the land and marine environment have mutual regard. Does the current marine planning system go far enough to promote sustainable development? That’s a question to tackle on another day.
Patrick Joseph Fenlon Trainee Solicitor Zyda Law
SECURE YOUR HYDROKINETIC PROJECTS
14
www.wavetidalenergynetwork.co.uk
In situ power resource assessment
Poseide®
- a service available worldwide by Guinard Energies
contact@guinard-energies.com
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49
