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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Coastal defences and flood risk management

83. The marine environment, particularly in those areas close to shore, is a highly dynamic system, and there are relationships between physical works occurring in these areas and flood risk. There are also close links between climate change and flood risk in coastal areas, particularly in relation to sea level rise.

84. The Flood Risk Management (Scotland) Act 2009 ( FRMA) requires coastal areas at risk of flooding to be identified and objectives and measures to address flood risk to be coordinated across these areas. Ensuring close coordination between physical works occurring in coastal areas and actions to manage flood risk is essential.

85. The Scottish Environment Protection Agency's ( SEPA) flood maps identify areas at risk of coastal flooding. Areas at significant risk of coastal erosion and flood risk will be identified in Flood Risk Management Strategies prepared by SEPA. Where relevant, specific actions relating to coastal flood risk will be included in the 14 Local Flood Risk Management Plans which are prepared by local authorities.

86. The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 (as amended) require that when preparing strategic development plans and local development plans, planning authorities must have regard to any approved flood risk management strategy or finalised local flood risk management plan relating to the strategic development plan and local development plan area.

87. Under Section 60 of the FRMA flood protection schemes do not require separate planning permission. Section 57 of the Town and Country Planning (Scotland) Act 1997 (as amended by Section 65 of the FRMA) allows for deemed planning permission to be granted by Scottish Ministers on confirmation of a scheme.

88. Under the provisions of the Coast Protection Act 1949, local authorities have discretionary powers to carry out such coast protection work as may appear to them to be necessary or expedient for the protection of any land in their area against erosion and encroachment by the sea. Such schemes may also require separate planning permission.


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