Planning Circular 1/2015: relationship between the statutory land use planning system and marine planning and licencing

The circular explains the relationship between the marine and terrestrial planning systems, including related regimes such as marine licencing and consenting for offshore energy generation, ports and harbours development and aquaculture.

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Ports and Harbours

80. Activities in statutory harbour authority areas are governed by the local harbour legislation for that port. Any new harbour-related development may require the Harbour Authority to apply to Scottish Ministers for additional powers. This would be done by an application for a Harbour Revision order under the 1964 Harbours Act. Terrestrial planning authorities are statutory consultees in this process. Once established, Marine Planning Partnerships are also expected to be included in statutory consultation.

81. Statutory Harbour Authorities may also benefit from permitted development rights under classes 29 or 35 of the Town and Country (General Permitted Development) (Scotland) Order 1992, as amended. However the extent of permitted development rights under class 29 will relate to works defined in local harbours legislation. Notwithstanding the powers of Harbour Authorities and their permitted development rights, some development within their harbour limits will still require Marine Licensing and/or terrestrial planning consent depending on the proposal.

82. Many Harbour Authorities, particularly in river estuaries, also have powers to licence others to carry out works within their area of jurisdiction. These licences are in addition to any marine licence or planning consent which may be required.


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