ENVIRONMENTAL CODE OF PRACTICE
Consents & Planning
Overview
The construction and maintenance of infrastructure to support
the recreational boating sector is regulated by many different
organisations. Understanding the permissions required to enable
development and activities to take place can be complicated with
the information needed scattered between many different consenting
authorities.
Marine Consents
This section outlines which consents are needed for which
activities and provides a summary of each type of consent. More
detail can be found in the Marine Consents Guide published by the
Solent Forum in 2006 and available on their website:
www.solentforum.hants.org.uk/publications/marinecons.html
Click on Image to Enlarge
- Planning Consent - required for development as defined within
Section 55 of the Town
and Country Planning Act 1990 which includes change of use,
engineering operations, building works, etc. Apply to the Planning
Department of your local authority for further information or
contact the BMF for further support.
- FEPA Licence - required prior to the deposit of articles and
substances at sea, e.g., the disposal of dredged material, or the
placing of piles into the sea for construction purposes.
Applications should be made to the MFA.
- Land Drainage Consent - required for any works in, on, under or
over a main river, or within 8m of a main river. Any works to fill,
divert, obstruct or culvert any ordinary watercourse also requires
consent, as do any works within 15m of a sea defence. This is to
ensure that they neither interfere with the Agency’s work nor
adversely affect the environment, fisheries, wildlife and flood
defence in the locality. You should apply to the Environment Agency
or SEPA – contact your nearest office for further details and an
application form. It is worth noting that both Agencies generally
oppose the use of culverts (further details are available from your
local Agency office).
- Coast Protection Act Consent - required for the construction,
alteration or improvement of any works on, under or over and part
of the seashore lying below the level of mean high water springs.
Consent is also required for the deposit of any object or any
materials from any part of the seashore and the removal of any
object or materials from any part of the seashore lying below mean
low water springs.
A consent from the MFA is also required if the operation is
likely to cause obstruction or danger to navigation.
- Harbour Authority Consent – The Harbour Authority may, grant a
licence to any person to construct, alter, renew or extend any
works within the boundary of the harbour on, under or over tidal
waters or land below the level of high water. Apply to the relevant
Harbour Authority.
- Pollution Prevention & Control Permit -required for the
deposit, storage, treatment or disposal of waste. You should
contact your nearest Environment Agency or SEPA office for further
details and an application form.
- Discharge Consent -required for any discharge to controlled
waters (which includes rivers, streams, canals, ground waters,
harbours and coastal waters). Discharges which require a consent
include sewage effluent, trade effluent, discharges resulting from
de-watering operations, and site drainage (such as car parks and
delivery areas). You should apply to the Environment Agency or SEPA
– contact your nearest office for further details and an
application form.
Visit the
Environment Agency's website to view their charging regime for
discharge consents.
Other Consents
- Transport and Works Act (TWA) 1992 consent - TWA consent can
also be applied for works which interfere with rights of navigation
in waters up to the seaward limits of the territorial sea (section
3(1) (b)). A TWA order can grant rights and powers to the applicant
of a private or local nature, which is not available under the
general law. These may involve the construction and/or use of works
which affect public rights, such as a right of navigation on a
river or in the sea. An order can provide the statutory means by
which such public rights may be extinguished or changed temporarily
or permanently to accommodate the scheme.
- Land ownership - although a consent or licence for an activity
may be granted, permission from the land owner may still be
required. Ownership of the foreshore and inshore waters is complex.
Local Authorities, Harbour Authorities, British Waterways, private
individuals and organisations and the Crown Estate can all be
landowners in the coastal zone. The Land Registry can provide
details of ownership above Mean Low Water Mark and below this you
should contact the Crown Estate, Land Registry or the Harbour
Authority. The Crown Estate owns around 55% of the foreshore and
approximately half of the beds of estuarial areas and tidal rivers
in the United Kingdom. It also owns the seabed out to the 12 mile
territorial limit. The Crown Estate grants leases or licences, of
which there are over 2,000, all around the coast. The largest
leaseholders are local authorities, ports, harbours and
conservation bodies.
The permission of British Waterways is required for any works
that require access to their property or which may impact upon it –
see their Code of Practice for “Works
Affecting British Waterways”. Section 2 of this code sets out
the procedure for requesting permission.
Members should submit a Notification form to BW outlining the
proposed works. BW will carry out a preliminary appraisal
considering any technical and environmental issues, and may require
further information from the applicant. A cost undertaking
agreement must be entered into to allow BW to recover costs in
carrying out this appraisal.
The appraisal may result in changes being made to the proposed
works and a final submission must be made confirming how the works
are to be carried out. BW will then prepare a contract setting out
the conditions under which it agrees to the works. This may include
a fee, including on going fees, to cover costs associated with the
works.