Harbour Revision, Closure and Empowerment Orders
Produced in partnership with Nicola Canty of 9 Hazel Tree Chambers
Harbour Revision, Closure and Empowerment Orders

The following Planning practice note produced in partnership with Nicola Canty of 9 Hazel Tree Chambers provides comprehensive and up to date legal information covering:

  • Harbour Revision, Closure and Empowerment Orders
  • What are Harbour Revision, Closure and Empowerment Orders?
  • Relevant authority
  • Marine licences
  • Harbour Revision Orders
  • Harbour Closure Orders
  • Pre-application informal consultation
  • Content of an HCO
  • Harbour Empowerment Orders
  • How to apply for a harbour order to either create new harbour powers or to change the existing powers of a harbour authority
  • More...

What are Harbour Revision, Closure and Empowerment Orders?

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 a ‘works order’, where the harbour order would authorise a harbour authority to undertake works, or a ‘non-works order’, where the changes sought relate to other matters.

Relevant authority

The Secretary of State for Transport is the relevant authority as regards harbour orders, but has delegated this function in relation to HROs and HEOs to the Marine Management Organisation (MMO)

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