Local Plan Issues and Options (Regulation 18)

Comment

Representation ID: 13584

Received: 29/08/2025

Respondent: Marine Management Organisation

I&O_14103
Please find attached our consultation response. As you are at the start of development, we intent to provide a fuller response at the preferred options stage, this will help align marine plan policies with your own emerging policies. In the meantime, if you wish to discuss any comments we have made today or comments we may provide going forward, I am more than happy to discuss this via email, call, or video call. I do hope you also received our standard response to your initial email. If not, please see below. Standard Consultation response - PLEASE READ Thank you for including the Marine Management Organisation (MMO) in your recent consultation submission. The MMO will review your document and respond to you directly should a bespoke response be required. If you do not receive a bespoke response from us within your deadline, please consider the following information as the MMO’s formal response. Kind regards, The Marine Management Organisation   Marine Management Organisation Functions The MMO is a non-departmental public body responsible for the management of England’s marine area on behalf of the UK government. The MMO’s delivery functions are: marine planning, marine licensing, wildlife licensing and enforcement, marine protected area management, marine emergencies, fisheries management and issuing grants.   Marine Planning and Local Plan development Under delegation from the Secretary of State for Environment, Food and Rural Affairs (the marine planning authority), the MMO is responsible for preparing marine plans for English inshore and offshore waters. At its landward extent, a marine plan will apply up to the Mean High Water Springs (MHWS) mark, which includes the tidal extent of any rivers. As marine plan boundaries extend up to the level of MHWS, there will be an overlap with terrestrial plans, which generally extend to the Mean Low Water Springs (MLWS) mark. To work together in this overlap, the Department of Environment, Food and Rural Affairs (Defra) created the Coastal Concordat. This is a framework enabling decision-makers to co-ordinate processes for coastal development consents. It is designed to streamline the process where multiple consents are required from numerous decision-makers, thereby saving time and resources. Defra encourage coastal authorities to sign up as it provides a road map to simplify the process of consenting a development, which may require both a terrestrial planning consent and a marine licence. Furthermore, marine plans inform and guide decision-makers on development in marine and coastal areas.   Under Section 58(3) of Marine and Coastal Access Act (MCAA) 2009 all public authorities making decisions capable of affecting the UK marine area (but which are not for authorisation or enforcement) must have regard to the relevant marine plan and the UK Marine Policy Statement. This includes local authorities developing planning documents for areas with a coastal influence. We advise that all marine plan objectives and policies are taken into consideration by local planning authorities when plan-making. It is important to note that individual marine plan policies do not work in isolation, and decision-makers should consider a whole-plan approach. Local authorities may also wish to refer to our online guidance and the Planning Advisory Service: soundness self-assessment checklist. We have also produced a guidance note aimed at local authorities who wish to consider how local plans could have regard to marine plans. For any other information please contact your local marine planning officer. You can find their details on our gov.uk page. See this map on our website to locate the marine plan areas in England. For further information on how to apply the marine plans and the subsequent policies, please visit our Explore Marine Plans online digital service. The adoption of the North East, North West, South East, and South West Marine Plans in 2021 follows the adoption of the East Marine Plans in 2014 and the South Marine Plans in 2018. All marine plans for English waters are a material consideration for public authorities with decision-making functions and provide a framework for integrated plan-led management.   Marine Licensing and consultation requests below MHWS Activities taking place below MHWS (which includes the tidal influence/limit of any river or estuary) may require a marine licence in accordance with the MCAA. Such activities include the construction, alteration or improvement of any works, dredging, or a deposit or removal of a substance or object. Activities between MHWS and MLWS may also require a local authority planning permission. Such permissions would need to be in accordance with the relevant marine plan under section 58(1) of the MCAA. Local authorities may wish to refer to our marine licensing guide for local planning authorities for more detailed information. We have produced a guidance note (worked example) on the decision-making process under S58(1) of MCAA, which decision-makers may find useful. The licensing team can be contacted at: marine.consents@marinemanagement.org.uk .   Consultation requests for development above MHWS If you are requesting a consultee response from the MMO on a planning application, which your authority considers will affect the UK marine area, please consider the following points: The UK Marine Policy Statement and relevant marine plan are material considerations for decision-making, but Local Plans may be a more relevant consideration in certain circumstances. This is because a marine plan is not a ‘development plan’ under the Planning and Compulsory Purchase Act 2004. Local planning authorities will wish to consider this when determining whether a planning application above MHWS should be referred to the MMO for a consultee response. It is for the relevant decision-maker to ensure s58 of MCAA has been considered as part of the decision-making process. If a public authority takes a decision under s58(1) of MCAA that is not in accordance with a marine plan, then the authority must state its reasons under s58(2) of the same Act. If the MMO does not respond to specific consultation requests then please use the above guidance to assist in making a determination on any planning application. Minerals and Waste Local Plans and Local Aggregate Assessments If you are consulting on a minerals and waste local plan or local aggregate assessment, the MMO recommends reference to marine aggregates, and to the documents below, to be included: The Marine Policy Statement (MPS), Section 3.5 which highlights the importance of marine aggregates and its supply to England’s (and the UK’s) construction industry. The National Planning Policy Framework (NPPF), which sets out policies for national (England) construction mineral supply. The minerals planning practice guidance which includes specific references to the role of marine aggregates in the wider portfolio of supply. The national and regional guidelines for aggregates provision in England 2005-2020 predict likely aggregate demand over this period, including marine supply.   The minerals planning practice guidance requires local mineral planning authorities to prepare Local Aggregate Assessments. These assessments must consider the opportunities and constraints of all mineral supplies into their planning regions – including marine sources. This means that even land-locked counties may have to consider the role that marine-sourced supplies (delivered by rail or river) have – particularly where land-based resources are becoming increasingly constrained. If you wish to contact the MMO regarding our response, please email us at consultations@marinemanagement.org.uk or telephone us on 0208 0265 325

Comment

Representation ID: 13585

Received: 29/08/2025

Respondent: Marine Management Organisation

I&O_14104
Marine Management Organisation Functions The MMO is a non-departmental public body responsible for the management of England’s marine area on behalf of the UK government. The MMO’s delivery functions include, marine planning and marine licensing, wildlife licensing and enforcement, marine protected area management, marine emergencies, fisheries management and issuing grants. Marine Planning As the marine planning authority for England, the MMO is responsible for preparing marine plans for English inshore and offshore waters. At its landward extent the Marine Plan boundaries extend from the mean high water spring tides mark (which includes the tidal extent of any rivers and estuary) to the inshore (up to 12nm) and offshore (12 to 200nm or the Exclusive Economic Zone) waters; there is an overlap with terrestrial plans which generally extend from the mean low water springs mark. Marine plans will inform and guide decision makers on development in marine and coastal areas. Planning documents for areas with a coastal influence may wish to make reference to the MMO’s licensing requirements and any relevant marine plans to ensure the necessary considerations are included. In the case of the document stated above, the North West Marine Plan is of relevance. The North West Marine Plan covers the area from the Solway Firth to the River Dee, including the tidal extent of any rivers within this area All public authorities taking authorisation or enforcement decisions that affect or might affect the UK marine area must do so in accordance with the Marine and Coastal Access Act 2009 and any relevant adopted Marine Plan, in this case the North West Marine Plan , or UK Marine Policy Statement (MPS) , unless relevant considerations indicate otherwise. Local authorities may also wish to refer to our online guidance , Explore Marine Plans and the Planning Advisory Service soundness self-assessment checklist .  Marine Licensing The Marine and Coastal Access Act 2009 states that a marine license is required for certain activities carried out within the UK marine area . The MMO is responsible for marine licensing in English waters and for Northern Ireland offshore waters. The marine licensing team are responsible for consenting and regulating any activity that occurs “below mean high water springs” level that would require a marine licence. These activities can range from mooring private jetties to nuclear power plants and offshore windfarms. Summary notes Please see below suggested policies from the North West Marine Plan that we feel are most relevant to your local plan. We recommend considering reference to these policy areas within the supporting policy text. These suggested policies have been identified based on the activities and content within the document entitled above. They are provided only as a recommendation, and we would suggest your own interpretation of the North West Marine Plan is completed. Infrastructure: NW-INF-1, NW-INF-2 Employment: NW-EMP-1 Seascape and Landscape: NW-SCP-1  Social Benefits: NW-SOC-1  Tourism and Recreation: NW-TR-1  Climate change: NW-CC-1, NW-CC-2, NW-CC-3  Biodiversity: NW-BIO-1, NW-BIO-2, NW-BIO-3  Ports and Shipping: NW-PS-1   Renewables: NW-REN-1, NW-REN-3 Heritage Assets: NW-HER-1  Water Quality: NW-WQ-1  Air Quality and emissions: NW-AIR-1  Cross-border co-operation: NW-CBC-1 Further points to note We would recommend you mention the adopted North West Marine Plan as a document for material consideration. Under the Marine and Coastal Access Act, any authorisation or enforcement decisions must be made in accordance with the marine plan. Any other decisions which may impact the marine area must have regard to the marine plan. We welcome the advice that applicants may also require an appropriate license from the Marine Management Organisation. We would recommend the mention of the Marine and Coastal Access Act in your local plan. The UK Marine Policy Statement is the framework for the marine planning system. All public authorities taking authorisation or enforcement decisions that affect or might affect the UK marine areas must do so in accordance with the Marine and Coastal Access Act 2009 and any relevant adopted Marine Plan (your area being the North West Marine Plan) or the UK Marine Policy Statement unless relevant considerations indicate otherwise. We would also welcome reference to the need for an integrated approach between marine and terrestrial planning to address strategic cross-boundary matters in SD1 Sustainable development, FW1 Flood risk and water management and DS3 Climate adaptation, where you mention the use and green and blue infrastructure. This will help fulfil your authorities’ duties under the Duty to Cooperate and Section 58(3) of the Marine and Coastal Access Act. A general incorporation of blue infrastructure/spaces throughout, alongside green infrastructure/spaces would show recognition of the north west marine plan areas. As previously stated, these are recommendations, and we suggest that your own interpretation of the draft North West Marine Plan is completed. We would also recommend you consult Explore Marine Plans , our marine planning portal, for further information.  

Comment

Representation ID: 13586

Received: 29/08/2025

Respondent: Marine Management Organisation

I&O_14105
We would also welcome reference to the need for an integrated approach between marine and terrestrial planning to address strategic cross-boundary matters in SD1 Sustainable development, FW1 Flood risk and water management and DS3 Climate adaptation, where you mention the use and green and blue infrastructure. This will help fulfil your authorities’ duties under the Duty to Cooperate and Section 58(3) of the Marine and Coastal Access Act. A general incorporation of blue infrastructure/spaces throughout, alongside green infrastructure/spaces would show recognition of the north west marine plan areas.

Comment

Representation ID: 13587

Received: 29/08/2025

Respondent: Marine Management Organisation

I&O_14106
We would also welcome reference to the need for an integrated approach between marine and terrestrial planning to address strategic cross-boundary matters in SD1 Sustainable development, FW1 Flood risk and water management and DS3 Climate adaptation, where you mention the use and green and blue infrastructure. This will help fulfil your authorities’ duties under the Duty to Cooperate and Section 58(3) of the Marine and Coastal Access Act. A general incorporation of blue infrastructure/spaces throughout, alongside green infrastructure/spaces would show recognition of the north west marine plan areas.

Comment

Representation ID: 13588

Received: 29/08/2025

Respondent: Marine Management Organisation

I&O_14107
We would also welcome reference to the need for an integrated approach between marine and terrestrial planning to address strategic cross-boundary matters in SD1 Sustainable development, FW1 Flood risk and water management and DS3 Climate adaptation, where you mention the use and green and blue infrastructure. This will help fulfil your authorities’ duties under the Duty to Cooperate and Section 58(3) of the Marine and Coastal Access Act. A general incorporation of blue infrastructure/spaces throughout, alongside green infrastructure/spaces would show recognition of the north west marine plan areas.