Planning Circular: The relationship between the statutory land use planning system and marine planning and licensing

All developments and activities which take place in Scotland’s seas have implications onshore too – ranging from changing infrastructure requirements to the impacts on communities of economic growth or decline.

The Scottish Government has produced a cir

Ports and Harbours

58. Activities in statutory harbour authority areas are governed by the local harbour legislation for that port. Any new harbour-related development may require the 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 along with environmental and other bodies.

59. Statutory Harbour Authorities may also benefit from permitted development rights in classes 29 or 35 of the Town and Country (General Permitted Development) (Scotland) Order 1992, as amended. The extent of these varies from harbour authority to harbour authority. Notwithstanding the powers of Harbour Authorities and their permitted development rights, some development within their areas may still require Marine Licensing and/or terrestrial planning consent depending on the proposal.

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


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