The following Planning guidance note Produced in partnership with Nicola Canty of 9 Hazel Tree Chambers provides comprehensive and up to date legal information covering:
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.
This Practice Note addresses Harbour Orders made on the application of the harbour authority in England and non-fishery harbours in Wales; it does not consider the power of the MMO to make harbour orders of its own motion.
Harbour Revision, Harbour Closure and Harbour Empowerment Orders are explained but Harbour Reorganisation Schemes do not form part of this note as they are very rarely applied for.
In the vast majority of harbours in the UK the responsibility for improving, maintaining or managing the harbour has been given to Statutory Harbour Authorities (SHA) whose powers and duties are found in local legislation. Each individual SHA is governed by its own unique statute(s).
The powers to amend or add to the local legislation (Harbour Revision Orders), to lawfully close the harbour (Harbour Closure Orders) or to establish a new harbour and SHA (Harbour Empowerment Orders)
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