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:
This content is likely to be impacted by the UK’s withdrawal from the EU. For further information on the implications of leaving the EU for planning law and practice, see: Brexit—implications for planning law and practice—overview and Practice Note: Brexit—the implications for English and Welsh planning law and practice.
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) are found in sections 14–17A of the Harbours Act 1964 (HA 1964).
A harbour order can be described as either
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