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• Questions and answers

Questions and answers

Questions and answers are being collated as we meet with stakeholders from the current plan areas. As these questions are asked we will seek answers and publish them here. If you have a specific question that has not been answered here, please email it to planning@marinemanagement.org.uk.

How will the new arrangements of marine planning and marine licensing work?

We, as an executive non-departmental public body (NDPB), will carry out planning and licensing functions for English waters. We have been delegated most of the Secretary of State’s functions as marine planning authority for the English inshore and English offshore regions to fulfil this function.

We will develop a series of marine plans covering the English marine area. Marine plans will interpret and present the policies within the Marine Policy Statement (MPS) at a sub-national level. Marine plans must conform with the MPS unless relevant considerations indicate otherwise, thereby ensuring a strong link between national policy and local application. Marine licences will be determined in accordance with the relevant marine plans.

How is the MMO going to avoid duplicating the engagement already carried out by marine conservation zone (MCZ) projects?

We will be building on the engagement work of the MCZ projects, learning lessons with the MCZ projects so we continuously improve our engagement with stakeholders. The MMO will work with stakeholders to avoid duplication but also ensure we do not miss engagement opportunities.

Will the MMO fill data gaps left by MCZ projects?

We will aim to fill data gaps where required. These gaps will be prioritised according to policy need. Any data used for marine planning will have to meet relevant quality standards.

Where are the boundaries drawn in the area, and how far inland will marine planning reach?

The first areas to have marine plans will be the East Inshore and East Offshore areas. The East Inshore plan area includes an area of coastline which stretches from Flamborough Head in the north, down to Felixstowe in the south taking in some 6,000 square kilometres of sea to the east of England. There was an opportunity for the plan area boundaries to be amended slightly, if it is deemed appropriate. However, after consultation with stakeholders and assessment of the options, we decided to retain the original boundary, as defined through extensive consultation by the Department for Environment, Food and Rural Affairs (Defra) in 2010.

Section 42 of the Marine and Coastal Access Act 2009 defines the marine area to include "the waters of every estuary, river or channel, so far as the tide flows at mean high water spring tide". Such waters include the freshwater section of some rivers to quite far inland, such as the Nene near Peterborough, and the Norfolk Broads. A number of stakeholders have expressed concern that encompassing such locations is not necessary as marine plans will add no or little value to existing arrangements.

Section 51(2) of the Marine and Coastal Access Act 2009 is clear that every part of the marine area must be within a marine plan. Therefore, the upstream boundary of the plan area has to remain as currently drawn. Depending upon the circumstances it may, however, be that marine planning will not in practice make a significant difference in these areas. We will clarify this in detail with relevant stakeholders during the planning process. It should also be noted that schedule 6 of the act requires the marine plan authority to take all reasonable steps to secure that any marine plan for the English inshore area is compatible with any relevant Planning Act plan that is related to the marine plan area.

The East Offshore plan area includes the marine area from 12 nautical miles to border territorial waters, a total of approximately 49,000 square kilometres of sea. The Netherlands, Belgium and a small part of France border the East Offshore plan area.

Will marine planning and terrestrial planning be aligned?

The MPS and marine planning systems will sit alongside and interact with existing planning regimes across the UK. These include town and country planning and other legislation, guidance and development plans in each administration.

We will take all reasonable steps in preparing or amending a marine plan for a marine plan area to ensure marine plans are compatible with terrestrial plans and in doing so will, and are, working closely with local authorities and other key stakeholders. This includes the relevant plan for any area in England, Wales or Scotland which is related to the marine plan area.

The Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 require the marine plan authority to notify local planning authorities of its intention to prepare a marine plan, whose area of jurisdiction adjoins (or under the Marine and Coastal Access Act 2009, is adjacent to) the marine plan area. As the marine plan area boundaries will extend up to the level of mean high water spring tides while terrestrial planning boundaries generally extend to mean low water spring tides, the marine plan area will physically overlap with that of terrestrial plans. This overlap ensures that marine and land planning will address the whole of the marine and terrestrial environments respectively, and not be restricted by an artificial boundary at the coast. The geographic overlap between the Marine Plan and existing plans will help organisations to work effectively together and ensure that appropriate harmonisation of plans is achieved.

Who has accountability for us and marine plans?

We are an executive NDPB that has separate legal identity and are established by statute, the Marine and Coastal Access Act 2009, to carry out administrative, regulatory and commercial functions. Our board is responsible for ensuring that we fulfil the aims and objectives set by the Secretary of State for Environment, Food and Rural Affairs (Defra) and promoting efficient and effective use of resources within the organisation.

The Secretary of State delegated us as the statutory body to undertake marine planning in England. Under Schedule 1 of the Marine and Coastal Access Act 2009, we have the power to regulate its own procedures.

Across the UK new systems of marine planning are being introduced through primary legislation. The MPS is the framework for these marine planning systems. It provides the high level policy context, within which national and sub-national marine plans will be developed, implemented, monitored, amended and will ensure appropriate consistency in marine planning across the UK marine area. The MPS also sets the direction for marine licensing and other relevant authorisation systems.

How will the MMO collect data and ensure it can be trusted?

We have been working to identify the priority data for marine planning in line with the MPS. Data has been collated using metadata from relevant existing sources including the MCZ projects, Charting Progress 2 and The Crown Estate.

There do however remain some challenges where data is limited, aging or data of poor quality, and we have carried out a number of projects to commission research where there are known and significant data gaps. Data used for marine planning will need to adhere to the Marine Environmental Data and Information Network (MEDIN) metadata standards before undergoing an internal quality assessment. Whilst marine planning is committed to using the best available evidence, plan-making will need to adopt a risk based approach to decision making.

What is the legal status of marine plans?

The Marine and Coastal Access Act 2009 defines arrangements for a new system of marine management, including the introduction of marine planning, across the UK. The new arrangements provide for our creation, which started work on 1 April 2010. We will deliver UK marine policy objectives for English waters through a series of statutory marine plans and other measures. 

The marine planning system will be one of the key inputs to the consideration of a licence application and the decision to grant or refuse a licence because it will give clear direction as to the nature of activities that may be permitted in a given location. Where no marine plans exist, direction on licensing decisions will be given by the MPS in the interim.

Will we be working alongside other marine organisations and initiatives?

Yes we will be working with other marine organisations and initiatives. As part of the Statement of Public Participation (SPP), we set out how and when people can become involved in marine planning within the plan areas. It is important that, as well as drawing on best practice and experience, we take account of stakeholders’ views on how they want to be involved to ensure their participation at appropriate stages in the planning process.

How long will the process take?

In England, 10 marine plans, covering the entire marine area will be produced at a sub-national level. The East Inshore and East Offshore areas are the first two marine plan areas to be selected in England for marine planning.

We have completed an early review of the marine planning timeline for all 10 of the plans around England, as promised in our Corporate Plan. This review has allowed us to use the experience we have gained so far, and has concluded that we need to work on a planning assumption of two marine plans over a period of 2 years and 9 months. This will allow for evidence base development, stakeholder participation, planning decisions and the production of two marine plans.

We remain committed to delivering all ten marine plans no later than 2021, and will meet this target by overlapping the production of marine plans. As always, we will continue to learn from our experiences of plan production and will regularly review the process for delivery of the ten marine plans, seeking to deliver them earlier than 2021 if possible.

Marine plans will have a long term view of activities (where they can be identified) to cover a twenty-year period from their adoption date.

What and when will be the next areas designated for marine planning?

The current plans – covering an area from Flamborough Head to Felixstowe – are expected to be in draft form by the end of 2012, and we will start work on the next marine plans in October this year, following the announcement in July. We have already begun working with a number of future plan areas so we are well prepared for the challenges ahead.

Will we be facilitating events to inform the general public on marine planning?

We are committed to communicating and engaging with as many groups and individuals as possible. Among the various mechanisms to achieve this, we anticipate that we will attend relevant events to inform stakeholders regarding marine planning as the process progresses.

It is our intention to continue to inform stakeholders by facilitating events and meetings in and around the first plan area. Contributions and feedback from attendees at these events (and those they represent in the case of elected persons) will help to inform the marine planning process.

How will we be engaging with EU Countries with boundaries adjacent to offshore plan areas?

We are already engaging with Marine Scotland, Welsh Assembly Government and will engage with Northern Ireland as part of delivering marine planning. The MMO will also engage with neighbouring international administrations throughout the marine planning process to ensure that we take into account their policies and emerging marine plans.

The East Offshore plan area borders the Netherlands, Belgium and a small area of France. We have already engaged with representatives from the Netherlands, Belgium and France and agreed that we will use these representatives as a channel for engagement with neighbouring states. Where issues impact on other countries such as Germany, Denmark and Norway, we will establish contact with these countries to ensure appropriate engagement takes place. We will engage with these neighbouring countries throughout the process, especially in relation to international fisheries, migrating birds and transport and in particular when consulting on the draft marine plan.

How will we decide between conflicting comments from stakeholders and will stakeholders be engaged in this process?

Marine plans seek to include all parties with an interest in the marine plan areas and we are committed to communicating and engaging with as many groups and individuals as possible. It is expected that stakeholders will play a major role in marine planning, adding value to our work by contributing to the overall stakeholder engagement process. Where conflicting comments arise, we will make decisions based on all of the information available at that time. It is our aim to be transparent and inclusive when planning marine plan areas.

When can stakeholders expect to be contacted by us?

Marine planning for the East Inshore and East Offshore plan areas started in April 2011. Throughout the anticipated two-year process, we will carry out ongoing engagement as the plans develop and will work closely with key stakeholders and other people who are interested in the marine area. There are certain stages in plan making in which we are legally required to engage in a more structured and formal way, for example formal consultation on the draft marine plan, but it will be important for us to hear stakeholder’s views and opinions on how they feel the plans are progressing throughout the process.

Will there be free access to geographic information system data used by us in undertaking marine planning?

We will launch our web-based marine planning portal in May 2011. Some initial data sets will then be uploaded onto the portal, with opportunities to view and comment on this data and suggest other datasets that may be of use to us in producing marine plans. The sharing of data very much depends on its origins and any agreements made by the original data supplier. Some data was given to the MCZ projects with the agreement that it was not to be shared with any third party. We are investigating opportunities to use data and evidence in the simplest lawful manner to the benefits of all.

Is the MMO, specifically marine planning going to develop nationally applied policies on activities?

The Marine Policy Statement sets out the national policy context for each plan. Marine plan policies in different areas will have a level of specificity but cross cutting high level objectives are likely to have some similarity between plan areas.