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• Other approvals

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Approvals under other legislation

Approval for a variety of marine works by the Secretary of State for Environment, Food and Rural Affairs, is required under a range of other legislation, particularly local harbours acts. In such cases, an application submitted to us will be processed in the same manner as one made under the Coast Protection Act 1949.

This is often the case, for example, where a port or harbour authority is empowered to undertake dredging operations or construction within the limits of its jurisdiction subject to the further approval of the Secretary of State.

The authorisation bestowed by local controls nevertheless also has to have regard to the need to comply with the requirements of both The Conservation of Habitats and Species Regulations 2010 for works within or adjacent to a designated conservation site as well as those of the Harbour Works (Assessment of Environmental Impact) Regulations 1999.

In such cases, an application submitted to us will be processed in the same manner as one made under the CPA.

Other consents and licences that may be required

In addition to the consents outlined in this guidance note, developers and flood and coast defence authorities will frequently require other consents for operations below the mean high water mark depending upon the type and location of the works proposed. The issue of a licence under Food and Environment Protection Act 1985 (FEPA) and/or consent under the CPA or Telecommunication Act 1984 does not remove the need for the holder to get other approvals, which may include the following:

• planning consent under the Town and Country Planning Acts (as amended)
• approval of a local harbour authority (under a local harbours act)
• agreement of the land owner (often The Crown Estate commissioners)
• consent of the Environment Agency (this could be waste management licence under Environmental Protection Act 1990/Waste Management Licensing Regulations 1994 or discharge or drainage consents under Water Resources Act 1991/Land Drainage Act 1991)
• consent of the Department of Energy and Climate Change (this could be offshore energy generation under Electricity Act 1989 or oil and gas installations/pipes under Petroleum Act 1998)
• approval under the Health and Safety Act 1974 (Application to Offshore Installations) Order 1995
• consent of Secretary of State for Culture, Media and Sport (this could be scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 1979 or a licence under the Protection of Wrecks Act 1973).

It is the applicant's own responsibility to satisfy themselves before undertaking works at sea and in other tidal waters that any other necessary consents and permissions are obtained before work commences.