Marine planning

Marine and Coastal Access Act 2009

The Marine and Coastal Access Act 2009 (MCAA 2009) seeks to improve management and increase protection of the marine environment and improve recreational access to coasts. MCAA 2009 created a framework for managing and protecting the marine environment. It:

  1. established the Marine Management Organisation (MMO) to produce marine plans, administer marine environmental licensing, manage marine fisheries and enforce environmental protection laws

  2. introduced a system of marine planning setting out long-term objectives for the marine area in a Marine Policy Statement and detailed marine plans setting spatial policy at a more local level

  3. introduced a streamlined, transparent and consistent system for licensing marine developments providing, as far as possible, a one-stop shop for each project

  4. introduced a flexible new mechanism for the designation of Marine Conservation Zones which together with European Marine Sites forms a representative network of Marine Protected Areas

  5. strengthened the management of marine fisheries

  6. reformed and modernised powers for the licensing and management of migratory and freshwater fisheries

  7. streamlined and modernised enforcement powers including the introduction of a common set of powers

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High Court gives guidance on the new duty to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of AONB for planning authorities (CPRE Kent v SSHCLG)

Planning analysis: Section 85(A1) of the Countryside and Rights of Way Act 2000 (CRWA 2000) came into effect on 26 December 2023 following amendments to that Act made by section 245 of the Levelling-Up and Regeneration Act 2023 (LURA 2023). The provision requires relevant authorities to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of Areas of Outstanding Natural Beauty (‘AONB’) when exercising functions affecting such land. This case concerned a challenge to the November 2024 decision of the Secretary of State for Housing, Communities and Local Government (‘the Secretary of State’) to grant planning permission for the construction of 165 dwellings and associated works in the High Weald AONB. The grounds of challenge were that the Secretary of State had breached the CRWA 2000, s 85(A1) duty (Ground 1) or alternatively, had given inadequate reasons for concluding that the duty had been complied with (Ground 2). The main issue for the High Court was whether the words ‘seek to further’ contained in the amended section 85(A1) duty had altered the substance of the duty so as to require a decision-maker to refuse planning permission for development if it is found that the proposal would cause harm to an AONB by failing to conserve or enhance its natural beauty. In dismissing the claim and upholding the Secretary of State’s decision, the judge provided guidance on the requirements of the CRWA 2000, s 85(A1) duty in the context of planning decisions affecting AONBs. Written by Max Millington, barrister at Cornerstone Barristers.

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