Sector: Coastal Land Use

Applicable legislation:

Legal Instrument / Main Provisions / Responsible bodies
Town and Country Planning Act 1990 / Land Use Planning Framework and Principles / ODPM & Welsh Assembly
Planning and Compulsory Purchase Act 2004 / ODPM & Welsh Assembly
Town and Country Planning Act (Scotland) 1997 / Scottish Executive
Planning (Northern Ireland) Order 1991 and 2003 Amendment / Department of the Environment
Town and Country Planning Act 1999 / Isle of Man Department of Local Government and Environment
EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (92/43/EEC) / EC
EC Water Framework Directive (2006/60/EC) / Establishes a framework for protecting the water environment and sets targets for 2015. / EC

Source

National Policies / Objectives and Targets /

England

Planning Policy Guidance 20: Coastal Planning, September 1992
·  PPG20 covers planning policy for the coastal areas of England. It recognises the dynamic nature of the coastline being shaped by powerful natural processes.

The context for Coastal Planning

·  The coast is recognised as an important natural resource and a range of economic and social activities require coastal locations – it is an environmental, economic and recreational resource.
·  The coastal zone extends seaward and landward of the coastline, with the seaward limit as low water mark for the purposes of the planning system. Decisions on development proposals below mean low water mark are generally outside the scope of the planning system.
·  It is for local planning authorities to consider how best to define the coastal zone. This should be based on local circumstances and the key coast-related planning issues.
·  LPA’s should recognises that on-shore development can often have an impact off-shore, and vice-versa.
·  At the time of writing PPG20, the Government were proposing to designate certain sites as Marine Consultation Areas.
·  Many parts of the coast are covered by more that one designation with different aspects of environmental conservation.
·  A series of international obligations affect the coastal zone and EC Directives are relevant to the planning and management of the coastal zone.
·  Guidance in PPG20 cross-refers to other PPGs for topic based policy guidance.

Planning Policies for the Coast

·  For planning purposes, PPG20 divides the coast into four types:
·  The undeveloped coast, conserved both for its landscape value and nature conservation interests;
·  Other areas of undeveloped coast or partly-developed coast;
·  The developed coast, usually urbanised but also containing other major developments; and
·  The despoiled coast, damaged by dereliction caused by mining, waste tipping an former industrial uses
·  Against this the key policy issues for coastal planning are:
·  Conservation of the natural environment;
·  Development, particularly that which requires a coastal location;
·  Risks, including flooding, erosion and land stability; and
·  Improving the environment, particularly of urbanised or despoiled coastlines.
·  PPG20 recognises that particular care should be taken to assess the impact of proposals affecting estuaries, not only on the immediate site and surroundings, but also the cumulative effects on the estuary itself and recognises that the effects of other interest can be acute and widespread.
·  It is recognised that the coastal zone also has a rich heritage both above and below the low water mark.
·  PPG20 requires that in the coastal zone, development plans should not normally provide for development, which does not require a coastal location.
·  Development plan policy in areas of risk, particularly from flooding, rising sea levels, erosion by the sea, land slips and falls of rock, should be to avoid putting further development at risk.
·  A precautionary approach to development in such areas is required by PPG20.
·  In terms of coastal protection, the impact of new works on the environment and the natural movement of material along the coast should be taken into account by the local authority in reaching planning decisions.
·  Environmental Assessment is mandatory for certain major projects and for a wider range of projects, environmental assessment is required if the particular proposal is likely to have significant environmental effects by virtue of factors such as its nature, size or location.
·  Projects which require consent outside the planning system, such as dredging marine aggregates, are subject to environmental assessment where appropriate under the relevant consent procedures.
·  Where consent for works, such as a barrage or port, is sought by means of a private or hybrid Bill, the promoters will be required to carry out environmental assessment and to deposit an environmental statement with the Bill, or obtain a direction by the Secretary of State that an environmental statement is not required.
·  In terms of improving the environment, development plan policies should encourage the regeneration of rundown coastal towns and ports. Tourism developments are likely to play an important role in such regeneration initiatives.

Policies for Developments that require a coastal location

·  There are uses and activities which require a coastal location, for example; tourism, recreation, ports, marinas, industries dependent on access to the sea, mineral extraction, energy generation, and waste water and sewage treatment and disposal. Proposed major developments, such as refineries, ports, barrages and oil and gas terminals, of national or regional importance that require a coastal location will normally be included in Structure Plans.
·  Minerals have long been extracted from coastal areas and the planning issues raised by mineral extraction of these areas are similar to those inland and Minerals Planning Guidance notes are relevant.
·  The coast is a major attraction for energy generation, although in the past this was predominantly for power stations, more recently proposals are for the development of renewable energy sources, such as wind, wave and tidal energy. Newer types of power stations are less dependent on the need for coastal locations. Newer forms of energy generation from renewable sources, such as wind and tidal energy, can have significant impact on the coastal environment.
·  To improve the quality of bathing waters and to treat sewage discharges into coastal waters, the Water Framework Directive has been introduced.

The coastal zone and development plans

·  Planning the coast is a strategic issue because the scale over which natural processes operate is extensive and often spans regional and local authority boundaries.
·  A Coastal Defence Forum was initiated by MAFF and the Welsh Office to provide a new mechanism for encouraging strategic planning of coastal defences.
·  It is important that planning policies for the coast are consistent as there is scope for conflict in coastal areas and estuaries, therefore cooperative working is required between the various organisations.
·  PPG20 details the information local planning authorities require in preparing their development plans and then sets out the planning framework.
Planning Policy Guidance 25: Development and Flood Risk, July 2001
·  PPG25 recognises that flooding from rivers and coastal waters is a natural process that plays and important role in shaping the natural environment.
·  Appendix A briefly describes the potential future impacts of climate change.
·  Climate change is expected to increase the risk of coastal and river flooding as a result of sea-level rises and more intense rainfall, however, there are gaps in Government’s understanding and a review of this guidance is underway in light of further evidence and emerging experience of its implementation and effectiveness.
·  PPG25 aims to strengthen the co-ordination between land-use and development planning and the operational delivery of flood and coastal defence strategy. It also aims to strengthen the links between land-use planning, land management and Building Regulations.
·  The complex range of issues involved requires a concerted effort to co-ordinate the activities of local authorities across their boundaries and with other agencies and to integrate policies in the various non-statutory plans that operate within coastal and flood-prone areas.
·  PPG25 focuses on a sustainable approach to flood risk, and Government considers that the objectives of sustainable development require that action through the planning system to manage development and flood risk should be based on the precautionary principle.
·  In accordance with the precautionary principle, local planning authorities should, therefore, follow the sequential approach set out in paragraph 30 and Table 1.
·  There is no statutory duty on the Government to protect land or property against flooding. Operating Authorities have permissive powers but not a duty to carry out flood defence works in the public interest. Further details of the roles are contained in Appendix D.
·  Government policy for flood and coastal defence is set out in the MAFF Strategy for flood and coastal defence (1993). DEFRA provides national strategic guidance and specialist help and contributes significantly to defence measures.
·  The EA issued flood plain maps to all local authorities and on the internet.
·  Local Planning Authorities should adopt a risk-based approach to the preparation of development plans and their decisions on development control through a sequential test approach to development proposals for development in or affecting flood-risk areas.
·  A range of plans has been developed over the last decade to meet objectives for achieving sustainable development, maintaining biodiversity and working with natural processes affecting flood-risk management on the scale and catchment or coastal cell.
·  While many of these involve consultation, most of these are non-statutory.
·  Flood risk issues are often of regional significance – important to be incorporated at RPG/RSS level. River Basin Management Plans will be required through the implementation of the EC Water Framework Directive. RSS should take into account Shoreline Management Plans which cover aspects of coastal flooding.
·  Appendix C details relevant statutory and non-statutory plans. Many initiatives deal particularly with coastal issues and contain policies and proposals that have implications for land-use planning. PPG25 states that it is important that these are integrated into the statutory development plan where possible.

Wales

Planning Policy Wales, March 2002Planning Policy Wales is the current land use planning policy for Wales and provides the strategic policy framework for the effective preparation of local planning authorities development plans

Managing the Coast

·  The Assembly Governments objectives for the coast are to recognise the importance of the coast for:
·  conservation of the natural and historic environment;
·  urban and rural development; and
·  tourism, leisure and recreation.
·  Local planning authorities should identify those areas of coast likely to be suitable for development, those subject to significant constraints and those considered to be unsuitable for development.
Wales Spatial Plan, People, Places, Futures, November 2004·  The Wales Spatial Plan sets out the issues and opportunities across different sectors and areas and proposes how the different organisations can work together to address them with a common purpose.

Objectives

·  Integrate spatial management and development of the marine and coastal environment and inland waters to make use of Wales’ maritime potential in a sensitive and sustainable way.

Actions

·  The Welsh Assembly will support the development of integrated spatial strategies for their marine and inland water assets, including an Integrated Coastal Management Plan to provide a cohesive framework for Wales’ coast and sea area. Action will be taken by the WTB, WDA, Local Authorities and CCW to develop a Welsh coastal tourism strategy, allied to action to protect the coastal environment.

Wales and its immediate neighbours

·  Transport corridors to Ireland provide essential access to UK and European markets and they share the Irish Sea as a common resource.
·  Key issues for collaboration with neighbouring regions include:
·  SW England – Integrated Management of the Severn Estuary
·  NW England – Integrated Management of the Dee Estuary
·  Ireland – Ports and transport corridors, Coastal and marine management, Short sea shipping for freight and Economic links, e.g. tourism, employment.
Technical Advisory Note 14: Coastal Planning, 1998

The Coastal Zone

·  The importance of the impact of on-shore development on off-shore environments is recognised, particularly adjacent to a candidate marine SAC. TAN 14 therefore recognises that it may be appropriate to define a maritime zone which includes an ‘area of influence’ off-shore, as well as a coastal zone on-shore.

Key Issues

·  The key issues which the planning system should address in relation to the coastal zone are identified to be:
·  Proposals for Development and the likely effects on physical and biological processes along the coast, the potential effects on mineral, water and conservation resources and any potential visual impact from both land and sea.
·  Nature and Landscape Conservation and the effects of statutory and other nature and landscape conservation policies in the coastal zone, which may not always be contiguous with the low water mark and the importance of the integrity and special features of Marine Nature Reserves, candidate marine SACs and coastal SACs, SPAs and Ramsar sites. It is recognised that EU Directives relevant to planning in the coastal zone should always be borne in mind.
·  Recreation and the primary role of physical processes in creating, maintaining and altering recreation resources such as beaches and sand dunes and the effects of recreational facilities on the stability of coastal geomorphology.
·  TAN 14 requires that some coast-specific considerations will need to be incorporated into the land-use planning framework. These include:
·  On-shore and the likely impact of any development on the geomorphological processes and features, and on important features of the littoral and sub-littoral zones.
·  Off-shore, in the intertidal zone, the maritime fringe and the sediment budget of the physical system.
·  The sensitivity of the overall coastal environment to natural change or human influences.

Planning the Coastal Zone

·  TAN 14 requires that in the preparation of development plans, local planning authorities should undertake, in consultation with CCW and EA a general assessment of coastal physical and biological conditions, concentrating on risk, sediment budgets and sensitivity issues and to make effective use of and to recognise the aims and policies of such plans:
·  Shoreline management plan;
·  Marine SAC management plan;
·  Local Environment Agency Plan (LEAP); or
·  Coastal zone management plan.
·  LPAs should also consider the scope for producing a complementary framework to facilitate implementation and aid consistent decision making, or where coastal zone management plans have achieved consensus, to issue Supplementary Planning Guidance directly linked to the development plan.
Annex A sets out the aims and objectives of Shoreline Management Plans (SMP).

Scotland