Further written submission from Department
for Environment, Food and Rural Affairs
DEVOLUTION
As a result of the Devolution Settlement in 1989
and the subsequent legislation (Scotland Act 1998, Government
of Wales Act 1998, and Northern Ireland Act 1998) the responsibility
for terrestrial planning was devolved to each UK Administration.
The Marine and Coastal Access Act 2009 divides UK
waters into marine regions with an inshore (0-12 nautical miles)
and offshore region (12—c.200 nautical miles) under each
of the four Administrations (England, Northern Ireland, Scotland
and Wales).
"Marine plan authorities" are responsible
for planning in each region, under the Marine and Coastal Access
Act 2009, with the exception of the Scottish and Northern Ireland
inshore waters which are or will be covered by separate legislation.
RESPONSIBLE MARINE PLAN AUTHORITY
| Region | Inshore (0-12 nautical miles)
| Offshore (12-200 nautical miles) |
| England | Secretary of State
| Secretary of State |
| Wales | Welsh Ministers (with the agreement of Secretary of State if the plan affects non-devolved matters)
| Welsh Ministers (with agreement of Secretary of State)
|
| Northern Ireland | (To be made under Separate legislation)
| Department of the Environment in Northern Ireland (with agreement of Secretary of State)
|
| Scotland | Marine (Scotland) Act 2010)
| Scottish Ministers (with the agreement of Secretary of State)
|
MARINE PLANNING FUNCTIONS DEVOLVED IN THE UK'S INSHORE
AND OFFSHORE REGIONS—AND CHANGES INTRODUCED BY THE MARINE
AND COASTAL ACCESS ACT 2009
| Administration | Inshore 0-12nm
| Offshore 12-200 nm or median line
| Additional devolved functions under the Act
| Retained by UK Government
|
| Scotland | Yes (for devolved functions)
| No | Executive devolution of planning for devolved functions in the offshore region, subject to the Secretary of State's consent. Can also plan for retained functions in both regions if signed up to the MPS and if Secretary of State has agreed.
| Defence
Shipping,
Oil and gas exploration and exploitation
EU and International relations
|
| Wales | Yes (for devolved functions)
| No | Executive devolution of new marine planning in the offshore regions for devolved functions, subject to the Secretary of State's consent. Can also plan for retained functions in both regions if signed up to the MPS and with the agreement of the Secretary of State
| Defence
Shipping
Oil and gas exploration and exploitation
EU and International relations
|
| Northern Ireland | Yes (for devolved functions)
| No | A form of executive devolution of new marine planning in the offshore region for devolved and retained functions, after signing up to the MPS and with the agreement of the Secretary of State
| Defence
Shipping
Oil and gas exploration and exploitation
EU and International relations
|
By adopting the Marine Policy Statement (MPS) the Devolved Administrations
will be able to plan holistically for their inshore and offshore
regions, including for retained functions. These plans will need
to be agreed by the Secretary of State.
Whilst the aim is for all UK Administrations to jointly adopt
the MPS by March 2011 it is possible for the MPS to be adopted
by some Devolved Administrations but not others. It must be adopted
by the Secretary of State. If a Devolved Administration does not
adopt the final MPS, the validity of the MPS adopted by the other
Administration/Administrations will not be affected.
If an Administration were to withdraw from the MPS this would
not affect the continuing validity or effect of their agreed marine
plan that had been prepared in conformity with the MPS, until
a revised MPS was adopted. If the Secretary of State withdraws
the MPS, it ceases to have effect.
The MPS is UK wide. It has been developed jointly with the Devolved
Administrations in order to provide a clear framework for decision
making in the UK marine area that also respects those aspects
of policy making that are devolved. The UK Administrations are
committed to the co-ordination of marine planning across administrative
boundaries, and a number of administrative safeguards are in place
to ensure effective cross border planning, including schedule
6 of the Marine and Coastal Access Act (which places a duty on
marine plan authorities to take all reasonable steps to ensure
compatibility between plans); concordats between Administrations;
a shared UK wide evidence base and data sharing between the MMO
and Devolved Partners.
NATIONAL POLICY
STATEMENTS AND
THE INFRASTRUCTURE
PLANNING COMMISSION
Under the Planning Act (2008) several National Policy Statements
(NPS) are being produced for key infrastructure sectors (energy,
transport and water and waste) in England and, in some cases,
Wales. These will provide the strategic framework for the Infrastructure
Planning Commission (IPC) to use when examining and determining
applications for major infrastructure developments of national
significance.
Whereas there are different NPSs for different sectors, there
is only one MPS which covers a wide range of activities and sectors
within one document. Whereas NPSs are only applicable to England
and, in some cases, Wales, the MPS covers the entire UK marine
area. The Marine Policy Statement has been drafted to be consistent
with National Policy Statements.
Under the Planning Act 2008 decisions by the IPC on nationally
significant infrastructure projects must be made in accordance
with the relevant National Policy Statements while having regard
to the MPS or relevant Marine Plan. In England the Marine Management
Organisation (MMO) is a statutory consultee under this regime,
and will therefore be consulted on any large infrastructure project
applications which could impact on the UK Marine area.
Guidance has been produced and published on the relationship between
IPC and MMO at: http://www.defra.gov.uk/environment/marine/documents/legislation/mmo-ipc.pdf
The Coalition Government has proposed to abolish the IPC and transfer
the decision-making on these types of projects from the IPC to
Ministers, who are democratically accountable. These changes will
be introduced through the Localism Bill. Until legislation changes
the IPC will remain and will continue to work with the MMO on
nationally significant projects which may affect the marine area.
It is proposed that the Major Infrastructure Planning Unit takes
over the function of the IPC, but as part of the Planning Inspectorate
and reporting to the Secretary of State. The intention is for
the same work arrangements to continue between the MMO and this
new unit when it is in place.
November 2010
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