DEFRA published a draft Marine Bill  for consultation on 3 April 2008. The RTPI internal deadline for comments is 26 May 2008.

• Click here to access DEFRA coverage of the draft Bill
• Click here to download the draft Bill and explanatory notes (warning - large file)

What Does the Bill Contain?

The key issues covered by the draft bill are:

• the creation of the Marine Management Organisation (MMO);
  
• planning in the marine area;
  
• licensing activities in the marine area;
  
• marine nature conservation;
  
• managing marine fisheries;
  
• reform of inland and migratory fisheries;
  
• modernisation and streamlining of enforcement powers;
  
• administrative penalties scheme for domestic fisheries offences; and
  
• access to coastal land.

The main items of planning interest are found in:

• Part 1: the establishment of a Marine Management Organisation;
• Part 2 and Schedule 5: the establishment of marine policy statements and marine plans, marine plan-making;
• Part 3: marine development management.

However, the Bill also provides heads of power for marine conservation activities, including the identification and designation of Marine Conservation Zones, fisheries management reform and streamlined enforcement powers.  On land, the Bill seeks to create a national coastal walking route in England.

The Bill in the Nations

The draft Bill applies across the United Kingdom and government is continuing to work with the devolved administrations to create harmonious provisions.

As currently drafted, the Bill provides for: 

"England, the waters around England, for some things in the “offshore waters” around the UK, and for certain functions within the territorial waters of Scotland, Wales and Northern Ireland (the “devolved administrations”) where we have agreed between us to do so." 

Not all proposals in the Bill apply to the whole of the UK.

• Marine Policy Statement covers the whole of the UK’s waters but is restricted in content and impact in Scotland.
• The Marine Management Organisation will operate in waters around England and in the offshore area for matters that are not devolved.
• Marine planning applies in all UK waters apart from the territorial waters of Scotland and Northern Ireland.
• Reformed marine licensing applies across the UK apart from the territorial waters of Scotland. Amendments to harbours legislation do not apply in Northern Ireland or Scotland.
• New marine nature conservation arrangements apply in all UK waters apart from the territorial waters of Scotland and Northern Ireland
• Provisions to improve access to coastal land apply only in England.

The Scottish Government is preparing its own marine legislation to address issues within its territorial jurisdiction.  Potentially this route will also be followed by the Northern Ireland Government.

The Welsh Assembly Government has broadly supported the Bill and in general terms will adopt the measures and institutions proposed, subject to their decision-making oversight for matters relating to Wales.

Initial RTPI Response

The Royal Town Planning Institute has initially welcomed the release of the Government’s draft Marine Bill which we believe can offer an improved policy direction and ultimately a better decision making process for the marine environment.  

The Marine Bill is an important piece of work. The marine environment is subject to a massive variety of different uses including recreation, commerce, transport, communications and mineral/energy extraction. Up to now there has been very little guidance setting out how sea use should be prioritised and conflicts limited or avoided. Hopefully this Bill will change that.

Ensuring that the demands of all uses are considered against one another in an environmentally sustainable way requires a deft touch. Planning has already helped to create safer, wealthier, more attractive and sustainable places on land. This Bill appears to provide the framework under which planners can deliver positive outcomes in the marine environment as well.

However, it is vitally important that any new legislation governing planning and the sea compliments existing land-based regulations so that conflicts and complications are avoided.  The RTPI also seeks to develop a cohesive relationship between marine spatial planning and land-based spatial planning, particularly in locations where densely used and developed littoral areas adjoin similarly densely used marine or estuarine waters.  It is particularly valuable that the marine plan making structure proposed in the Bill is flexible, enabling for example the possible delegation of marine plan making powers over an inshore area to an adjacent terrestrial planning authority.

The Bill proposes the creation of a national tier of marine policy statements by Ministers, providing the foundation for the preparation of marine plans, which must be considered when marine licensing decisions are made.  A Marine Management Organisation is proposed to act as the marine planning authority, making plans and acting as the development management body for licensing decisions.  

The RTPI's initial support has been stated within the framework of the RTPI's marine policy statement of 2006 and our response to the 2007 Marine White Paper.  Initial examination of the draft legislation suggests that the Bill has addressed many of the issues raised in the RTPI's policy work to date.  Nevertheless, the RTPI is carrying out an internal consultation process and seeks comments from members by 26 May 2008.  This page and our response to the draft Bill will evolve to take account of issues that are raised.

• Click here to email your views to the RTPI Policy Team

Author:

Rynd Smith

Publisher:

The Royal Town Planning Institute

Date:

07-Apr-08

Categories:

Policy, Practice 

Sections:

The RTPI , What Planning Does

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