Friday 21 November 08 - 11:55
 

Insurance, Legal & Finance

Marine Bill, streamlined planning or not?

The UK's draft Marine Bill, published for consultation on 3 April, provides key proposals to amend the marine planning system and strengthen marine conservation powers. These proposals aim to give a strategic framework for policy in the marine area, with a streamlined licensing process applying to most developments.
Wind farms above 100MW capacity may not fall within the remit of the Marine Bill.
Wind farms above 100MW capacity may not fall within the remit of the Marine Bill.

Specifically, the draft includes arrangements for a new planning system, allowing marine authorities to seek advice from various organisations, including stakeholders, to enable them to put forward effective marine plans.

Monica Peto, partner and Parliamentary agent at Eversheds says 'Port and coastal development and a shift in focus on renewable energy projects in the marine area, since targets for energy from renewable sources were introduced, are contributing to an increasing pressure on the marine area. The draft Marine Bill has been proposed to help address this concern and to manage and regulate the marine environment'.

Ms Peto adds that the bill should mean a more transparent process, thereby reducing the possibility of non-approval of developments. However, despite the mention of energy projects, it seems their approval won't rest with the Marine Bill after all.

Julian Boswall, planning partner at Eversheds, makes the point that although the philosophy behind the Marine Bill is to create a unified system, the Government has concluded that decisions on both major energy and harbour developments are still going to rest with the proposed Infrastructure Planning Commission (IPC), the forming of which is part of a bill currently before Parliament.

Further, the since the Bill is to split responsibilities regionally through England, Wales, Scotland and Northern Ireland, planning responsibilities will vary within different parts of the United Kingdom’s waters.

Other key proposals in the draft Bill that will affect future marine developments include a new Marine Management Organisation (MMO), which will act as a non-departmental public body regulating most activities in the marine environment. Among its responsibilities, the body will deliver planning and licensing of marine developments, and designate marine conservation zones around the UK - something that has already caused some controversy. In other words, tension between the IPC's directives, the Marine Bill and public stakeholders may well put the occasional brick in the way of the new, streamlined process.

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Wind farms above 100MW capacity may not fall within the remit of the Marine Bill.

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