Hypothetical examples of Marine Plan use
Marine plans are statutory plans that guide and inform how English marine plan areas are used and developed.
Documents
Details
The examples below have been developed to aid in the use of marine plans within various decisions. These documents use hypothetical examples of marine plan policy assessment, but do not provide step-by-step instructions.
Enforcement and authorisation decisions: S58(1)
These three documents are aimed at marine plan users (applicants and decision-makers) related to section 58(1) of the Marine and Coastal Access Act 2009 whereby all authorisation or enforcement decision must be made in accordance with the appropriate marine policy documents. They take hypothetical examples following the development of a proposal, through a marine plan policy assessment for a marine licence application to a licensing decision. They complement and illustrate the guidance provided in the marine plan documents. They each use the East, South and North East Marine Plans respectively as their appropriate marine policy document.
While focussed on the marine licensing process, the MMO recommends a similar approach to marine plan policy assessment be utilised by public authorities when taking decisions on applications for their s58(1) authorisations that affect the marine area (eg planning consents by local planning authorities).
Other (Non enforcement or authorisation) decisions: S58(3)
These two documents are aimed at public authorities taking all other decisions related to section 58(3) of the Marine and Coastal Access Act 2009. These are decisions which are not enforcement or authorisation based, but which relate to the exercise of any function capable of affecting the whole or any part of the UK marine area. Such decisions must have regard to the appropriate marine policy documents. They take hypothetical examples to show how a local planning authority can use marine plans as part of local plan development. They complement and illustrate the guidance provided in the marine plan documents. They each use the South and North East Marine Plans respectively as their appropriate marine policy document.
While focussed on local plans other public authorities will also find this document useful as a guide to the type of decisions they take pursuant to section 58(3) of MCAA.
Feedback
If you would like to provide feedback on any of these documents please email: planning@marinemanagement.org.uk.