Project: Independent Investigation in marine spatial planning

Research published 2024

Lead researchers and institutions:

Dr Heather Ritchie (Queen’s University Belfast*), Jim Claydon, Dr Linda McElduff (Ulster University*), Anne-Michelle Slater (University of Aberdeen)

* RTPI-accredited planning school

Key takeaways:

• Marine Spatial Planning (MSP) was set up to include Independent Investigation to ensure openness, fairness and impartiality within the marine planning system.
• Independent Investigation has not been used in practice, and the marine planning system is widely considered not to be working effectively.
• There are opportunities to use Independent Investigation in a positive way to improve coherence, effectiveness, relevance, expectations and performance of marine spatial plans.

Summary

This research reviewed the place of Independent Investigation (II) in the marine planning process in the UK through analysis of documents dating back to 2001 and seeking the views of experts in the area. A mixed method of qualitative empirical research was used to explore whether II in MSP is necessary or discretionary.

Conflicts due to different uses and pressures on marine environments are common, while regulation of marine activities has been disjointed. To try and resolve this situation, a marine planning system has been emerging in recent years. Experience from terrestrial planning has influenced its design.

The UK was one of the first countries in the EU to establish a fully integrated planning system for its marine environment. Influenced by land-based spatial planning systems, MSP was set up to address marine issues in a holistic and integrative manner, to be a plan-led system.

Public Inquiry is an established process for testing and scrutiny of plans in terrestrial planning and is regarded as a means of providing credibility and accountability. II is its marine equivalent and was included in the UK marine planning regime and subsequent legislation from the start, yet it has been absent in practice.

This paper investigates the reasons for this within the context of the proposed and actual role of II in the marine planning process in the UK. It explores the development of the statutory marine planning process in relation to II, including a comparison with the terrestrial planning system. It also considers the future use of II in enhancing the quality and effectiveness of the marine planning system.

Full reference

Ritchie, H., Claydon, J., McElduff, L. and Slater, A.M. (2024) ‘Independent investigation in marine spatial planning: necessary or discretionary?’, Journal of Environmental Planning and Management, 67(2), pp. 401-425. DOI: 10.1080/09640568.2022.2115345